ALASKA STATE LEGISLATURE  SENATE RESOURCES STANDING COMMITTEE  February 4, 2019 3:30 p.m. MEMBERS PRESENT Senator Chris Birch, Chair Senator John Coghill, Vice Chair Senator Cathy Giessel Senator Lora Reinbold Senator Click Bishop Senator Scott Kawasaki Senator Jesse Kiehl MEMBERS ABSENT  All members present COMMITTEE CALENDAR  CONFIRMATION HEARING(S) Commissioner, Alaska Department of Fish and Game Douglas Vincent-Lang - CONFIRMATION ADVANCED SENATE BILL NO. 22 "An Act relating to management of enhanced stocks of shellfish; authorizing certain nonprofit organizations to engage in shellfish enhancement projects; relating to application fees for salmon hatchery permits; and providing for an effective date." - BILL HEARING CANCELED PREVIOUS COMMITTEE ACTION  No previous action to record WITNESS REGISTER DOUGLAS VINCENT-LANG, Commissioner Designee Alaska Department of Fish and Game Juneau, Alaska POSITION STATEMENT: Testified for his confirmation hearing. VIRGIL UMPHENOUR, representing self North Pole, Alaska POSITION STATEMENT: Supported confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. MIKE CRAWFORD, representing self Soldotna, Alaska POSITION STATEMENT: Supported confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. SAM ROHRER, President Alaska Professional Hunters Association (APHA) Kodiak, Alaska POSITION STATEMENT: Supported confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. VIC VAN BALLENBERGHE, representing self Anchorage, Alaska POSITION STATEMENT: Opposed confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. NANCY BALE, representing self Anchorage, Alaska POSITION STATEMENT: Expressed concerns about confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. JOHN STURGEON, representing self Anchorage, Alaska POSITION STATEMENT: Supported confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. MARK RICHARDS, Executive Director Residents Hunters of Alaska Fairbanks, Alaska POSITION STATEMENT: Supported confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. ROD ARNO, Executive Director Alaska Outdoor Council Palmer, Alaska POSITION STATEMENT: Supported confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. SYLVIA PANZARELLA, representing self Anchorage, Alaska POSITION STATEMENT: Opposed confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. MICHAEL HAUKEDALEN, representing self Anchorage, Alaska POSITION STATEMENT: Opposed confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. STACEE KLEINSMITH, representing self Anchorage, Alaska POSITION STATEMENT: Supported confirmation of ADF&G Commissioner Designee Douglas Vincent-Lang. ACTION NARRATIVE 3:30:06 PM CHAIR CHRIS BIRCH called the Senate Resources Standing Committee meeting to order at 3:30 p.m. Present at the call to order were Senators Kawasaki, Giessel, Kiehl, Coghill, Reinbold, Bishop, and Chair Birch. ^CONFIRMATION HEARING(S) CONFIRMATION HEARING(S)  Commissioner, Alaska Department of Fish and Game 3:30:55 PM CHAIR BIRCH announced the confirmation hearing of the Alaska Department of Fish and Game (ADF&G) Commissioner Designee Douglas Vincent-Lang. Chair Birch read the mission of ADF&G: To protect, maintain, and improve the fish, game, and aquatic plant resources of the state, and manage their use and development in the best interest of the economy and the well-being of the people of the state, consistent with the sustained yield principle. CHAIR BIRCH noted that ADF&G's major program areas include habitat, commercial fisheries, sports fish, subsistence and wildlife conservation. 3:31:48 PM DOUGLAS VINCENT-LANG, Commissioner Designee, Alaska Department of Fish and Game, Juneau, Alaska, shared that he grew up in Wisconsin. He learned to fish and hunt with his Grandfather Otto. He received his undergraduate degree from the University of Wisconsin. In 1978 he went to graduate school at the University of Alaska Fairbanks to obtain a Master of Science in Biological Oceanography. He first worked between the North Slope and Anchorage before getting a job with ADF&G, where he worked for the next 34 years. COMMISSIONER DESIGNEE VINCENT-LANG said he worked in a variety of projects and spent 20 some years in the sports fish division. He worked as a research biologist for marine fisheries and a research and manager coordinator. He became familiar with federal and international treaty processes. COMMISSIONER DESIGNEE VINCENT-LANG said he and another person developed a funding plan to build hatcheries in Anchorage and Fairbanks using a bond package that did not use general funds. It was paid for using a hatchery surcharge on sports fishing licenses. That funding method was unique across the nation. Those hatcheries are now producing fish. COMMISSIONER DESIGNEE VINCENT-LANG said he spent about five years working in the commissioner's office on Arctic, marine, and the Endangered Species Act policies. The last three to four years he was the Director of the Division of Wildlife Conservation. COMMISSIONER DESIGNEE VINCENT-LANG said he then retired. When the governor asked whether he would be the commissioner of Fish and Game, he took his time to respond because he knew it is a hard job. After talking to the governor about shared objectives and goals, he said yes. 3:36:37 PM COMMISSIONER DESIGNEE VINCENT-LANG shared his philosophy for the job. The commissioner of Fish and Game is managing public trust resources. The public has entrusted him to manage those resources. He must have the public's trust to be successful, which means he must talk to people. He will have an open-door policy. Leadership must seek a lot of input into making decisions. He told staff that they can hold him accountable if he's not asking for their input, although he makes the decisions based on many different factors. COMMISSIONER DESIGNEE VINCENT-LANG said his goals are to put food on the table of Alaskans; ensure trust by the public in the department; and preserve the state right to manage. That is critical. They fought hard as a state to get the right to manage their fish and game resources. They fought hard during the ANILCA [Alaska National Interest Lands Conservation] battles to preserve those rights. The state is a better manager of fish and game resources than the federal government. "I think you'd rather be talking to me than some bureaucrat back in D.C., 4,000 miles away," he said. Finally, he wants to ensure the next generation of hunters, fishers, anglers, and, of course, commercial (Indisc.) . . . biologists to manage these resources. It's time to get the next generation out there hunting and fishing. 3:38:32 PM COMMISSIONER DESIGNEE VINCENT-LANG said some people have pointed out weaknesses in his curriculum, including his background in commercial fish, but he's been around the Board of Fisheries, the council, the IPHC [International Pacific Halibut Commission], and has been involved in issues. He has the skills to learn commercial fisheries management. He's been reaching out to the commercial fishing sector across the state. As he has made hires, he asked them what they want in terms of a commercial fish director and deputy commissioner that oversees fisheries. He feels confident about his abilities to manage commercial fisheries. COMMISSIONER DESIGNEE VINCENT-LANG addressed Prop 1 [Alaska Ballot Measure 1, Salmon Habitat Protections and Permits Initiative]. He said as a private citizen, he came out against Prop 1. It is wrong to rewrite salmon habitat regulations by a voter initiative, but he is a strong supporter of habitat. As time goes on, it is appropriate to look at habitat regulations to make sure they are the right set of regulations and rules and update them as necessary. COMMISSIONER DESIGNEE VINCENT-LANG said the last weakness people have pointed out is active management, which he does support. The framers of the Alaska constitution meant for populations to be managed actively, not passively. They will do active management in the Department of Fish and Game on a scientific basis for the benefit of Alaskans and the economy. 3:40:29 PM SENATOR KAWASAKI said he was going to ask the same question of Mr. Vincent-Lang that he posed to the Department of Environmental Conservation commissioner, which is whether he concurred that human activity, including burning of fossil fuels, agriculture, deforestation, and industry, is the primary cause of climate change. COMMISSIONER DESIGNEE VINCENT-LANG responded that he did agree that climate change is affecting fish and wildlife management and they should be addressing climate change, as they do any other factor. SENATOR KAWASAKI stated that the question is whether he concurs. His follow-up question would be about mitigation, but he wanted a straight answer on that. CHAIR BIRCH stated that Senator Kawasaki calling for straight answers was impugning the program they had going that afternoon. SENATOR KAWASAKI said it is a question because this is an agency that deals with science. COMMISSIONER DESIGNEE VINCENT-LANG said that the Department of Fish and Game is the only department with a climate change assessment on its website. Climate is affecting fish and wildlife. He won't get into the causes of climate change, but he will pay attention to the factor it plays in sustaining fish and game resources. 3:42:32 PM SENATOR KAWASAKI stated that the Chitina fishery is important to him. They can tell when the commercial fisheries are going because there is a dip before the fish migrate up to where he fishes. He asked how Commissioner Designee Vincent-Lang would prioritize or allocate between subsistence, personal use, sport, and commercial. COMMISSIONER DESIGNEE VINCENT-LANG answered that allocation decisions belong to the Board of Fisheries, so they will work with the board. Clearly, subsistence is the priority of all those issues. SENATOR BISHOP mentioned that he and Commissioner Designee Vincent-Lang had had many conversations in the past about cow moose harvest. He said he was glad to hear Commissioner Designee Vincent-Lang say that he would use science to make decisions and that he would talk to a lot of people to make informed decisions. He asked for his opinion about using UAVs [Unmanned Aerial Vehicle] for pilot projects for cow moose surveys. 3:44:21 PM COMMISSIONER DESIGNEE VINCENT-LANG answered that when they had this discussion four years ago, the state didn't have the long- range capacity to use UAVs to do aerial moose surveys, but now the University of Alaska Fairbanks (UAF) may have a drone capable of flying more than 20 or 30 minutes. They need a drone that will fly 100 miles, so he is very interested in talking to UAF about the feasibility of using that drone to count moose. Counting moose has become increasingly challenging, especially with delayed winters. They are looking at different technologies, including infrared. SENATOR REINBOLD said she had had a lot of complaints about sports fishermen. She asked him if had directed any closures. COMMISSIONER DESIGNEE VINCENT-LANG answered that one of the biggest closures he had done since taking the job was Northern Cook Inlet. Within the first week of taking the job he saw projections for chinook salmon escapement for Northern Cook Inlet streams. Even without any fishing, they were projected to get half the escapement they needed for long-term sustainability of those runs. They closed sport fishing, commercial fishing, personal use fishing, and partially restricted subsistence fishing based on a discussion with Tyonek. He won't hesitate to close fisheries when necessary for long-term viability and sustainability, but they will do it based on talking to people. The biggest criticism for the department last year was not giving enough notice regarding those closures, so this year they did that in January when they issued the forecast and projections. 3:46:41 PM SENATOR REINBOLD asked what rivers are impacted, what areas of commercial fishing and sports fishing are affected, and how significant the impact is. She also asked what the pushback has been. COMMISSIONER DESIGNEE VINCENT-LANG replied that it is significant. It is basically the entire Northern Cook Inlet drainages and the Little Susitna River. It excludes the hatchery runs going into Eklutna in the Anchorage area. They looked at every possibility of keeping some fisheries open. Even the mortality rate for catch-and-release was too high. The closure came at a cost, but it was the right thing to do considering the long-term impacts. SENATOR KIEHL said that in the last round of Pacific Salmon Treaty negotiations, they gave up some of their share of sockeyes from the Taku River, one of the big sockeye producers in his district, to the Canadians with the promise of some federal funding for much better science, much better counts. He said it is not clear to him that that money will come through. He asked Commissioner Designee Vincent-Lang what recourse they have if that money does not come through. 3:48:28 PM COMMISSIONER DESIGNEE VINCENT-LANG said that other than the Northern Cook Inlet drainages, the Pacific Salmon Treaty has caused him to get more gray hair since he took this job two months ago. The salmon treaty was negotiated with some chinook and sockeye reductions up and down the coast. He wasn't in the room when the treaty was negotiated, but the chinook reductions were probably somewhat justified given the chinook levels across the northern Gulf Coast. Sockeye was reduced because of concerns in Canada and of lower 48 streams. The whole treaty was predicated on a premise of a federally funded mitigation package to offset some of Alaska's losses, including increased money for hatcheries in Alaska. A second piece was money for Alaska to manage resources according to the stipulations of the treaty. And third, and probably most importantly, money was supposed to be dedicated to mitigating the impacts to orcas and endangered species in Puget Sound. For some reason, the treaty was signed without the guarantee of money. COMMISSIONER DESIGNEE VINCENT-LANG said if he were a fisherman, he would be worried about the money for Puget Sound orcas and salmon because if the money doesn't come forward, NMFS [National Marine Fisheries Service] has threatened Alaska with pulling its incidental take permits to prosecute all of Alaska's fisheries. They are working hard to get that federal mitigation package. He has put the U.S. commissioners of the salmon treaty on notice of what will happen in two years if the state doesn't get the money. SENATOR BISHOP asked how much money. COMMISSIONER DESIGNEE VINCENT-LANG answered from $50 to $60 million. 3:51:01 PM SENATOR KAWASAKI said there is now an expedited environmental impact statement for the Pebble. Commissioner Designee Vincent- Lang will have some say because he oversees the Habitat Division. He asked how he will protect the state's rights and whether he has enough support in the department to complete the work. COMMISSIONER DESIGNEE VINCENT-LANG answered that he can't say what he believes about Pebble because he is a permitting authority for it. However, anyone giving out permits for large projects such as Pebble should be cautious. They will look at Pebble the way they would any big project. They looked at the scoping document and asked all divisions at Fish and Game what should be examined to evaluate impacts as part of that scoping process. Everything the staff wanted to evaluate was forwarded to the Department of Natural Resources (DNR) and eventually to the Army Corps of Engineers. There was no vetting of the kinds of information staff wanted to evaluate. He is confident that because it is an environmental impact statement process, ADF&G will have more than enough information to evaluate its Title 16 responsibilities as they move forward. SENATOR KIEHL said the Resource Committee had discussions about economic opportunities in mariculture, in hatchery restoration. There was public comment about the balance between the precautionary principle and mariculture. He asked how Commissioner Designee Vincent-Lang sees the department balancing those internal tensions between both missions for the agency. COMMISSIONER DESIGNEE VINCENT-LANG answered clearly there is a lot of ocean out there and some opportunity for mariculture to occur. He has made no formal commitment yet about the mariculture bill before them. They are still looking at that in terms of fiscal impact and a variety of other things, but clearly, hatchery production across the state is adding to the economy. He wouldn't want to put it on top of the more heavily used parts of the state, but the state has a lot of coastline. 3:53:35 PM SENATOR KIEHL said he has heard a fair amount of concern about how the board decision was made about the location of an upcoming meeting about Cook Inlet issues. He asked Commissioner Designee Vincent-Lang about the value of hearing from folks who are directly impacted in a variety of areas. COMMISSIONER DESIGNEE VINCENT-LANG said he tries to leave decisions about where board wants to meet to the board as long as it doesn't cost a significant amount of money for his agency. There was little cost difference, so he left it up to them. For this one they will hear from everybody no matter whether the meeting is in Kenai, Anchorage, or the Mat-Su Valley. It's all relatively close to each other. 3:55:04 PM CHAIR BIRCH opened public testimony. VIRGIL UMPHENOUR, representing self, North Pole, Alaska, said he has known Commissioner Designee Vincent-Lang for 25 years. He has worked with him on the state Board of Fisheries and several other projects as the chairman of the Fairbanks Fish and Game Advisory Committee. He is exceptionally well qualified. He demonstrates the leadership principles taught to military officers. His integrity is beyond reproach. He has extensive knowledge about fisheries management. 3:58:27 PM MIKE CRAWFORD, representing self, Soldotna, Alaska, said he was chairman of the Kenai-Soldotna Fish and Game Advisory Committee and director-at-large for Safari Club International. Commissioner Designee Vincent-Lang is open minded and understands the importance of opportunity and food security issues for Alaskans. He is an expert on federal overreach issues. He has diverse qualifications. He has expertise in fishing and hunting. He is pro state rights and most important, he has common sense. He is excited to see him on board. 4:00:15 PM SAM ROHRER, President, Alaska Professional Hunters Association (APHA), Kodiak, Alaska, said he is a hunting guide and president of APHA. Their support for Commissioner Designee Vincent-Lang is based on three considerations: sound wildlife management, commitments to building public trust, and a desire to see ADF&G set the highest standards nationally. During Commissioner Designee Vincent-Lang's tenure as Director of Wildlife, his number one priority was wildlife conservation and sound scientific management. He brought science and defensibility to intensive management (IM), which can be controversial. Alaskans who rely on wildlife and enjoy hunting recreationally generally support IM. Others do not. Everyone does agree that the program should be justified by sound science and research. As director of Wildlife Conservation, Commissioner Designee Vincent-Lang recognized the need to reform the division's approach to IM. His tough reforms as director of Wildlife demonstrated his commitment to science-based wildlife management. Mr. Vincent- Lang was a fierce advocate for his staff and division but also was available to meet with stakeholders and work through tough issues. Mr. Vincent-Lang successfully built trust with APHA. Alaska was granted full authority to manage fish and wildlife within its borders when it became a state. Mr. Vincent-Lang's staunch support of state wildlife management authority is balanced by his commitment to sound management. Under his leadership, ADF&G will maintain its position as the preeminent fish and game department in North America. 4:04:11 PM VIC VAN BALLENBERGHE, representing self, Anchorage, Alaska, said he has worked as a wildlife biologist. He was appointed to the Board of Game three times by two different governors. Governor Dunleavy was sworn in on December 3, 2018. One of his first acts was to appoint Doug Vincent-Lang as acting commissioner of ADF&G. One month later Mr. Vincent-Lang sent a letter to the U.S. Department of the Interior with a 41-page enclosure of a long list of grievances against the department and its agencies. Included were at least 65 specific recommendations pertaining to fish and wildlife management. These were generally intended to appeal federal regulations, amend federal statutes, modify federal policies, and revise agency directors' orders in order to rectify perceived federal overreach of authority. The recommendations would hamper the federal agencies from managing fish and wildlife on federal land according to directives in federal statutes. Since the passage of the Alaska National Interest Lands Conservation Act (ANILCA) in 1980, federal managers have sought collaborative relationships with the state of Alaska. These relationships have eroded in recent years as the state is taking an increasingly aggressive posture toward wildlife management issues. Mr. Vincent-Lang will accelerate this unfortunate process. The resulting conflicts will not benefit the state or federal government. They deserve a commissioner who understands the importance of working with federal partners. Mr. Van Ballenberghe encouraged the committee to read his submitted written testimony. 4:08:04 PM NANCY BALE, representing self, Anchorage, Alaska, said that she has lived in Alaska since 1971. She spent over 20 years living in the Alaska Bush and working in Denali National Park. Although she moved to Anchorage, she continued to pay attention to wildlife management Wildlife Management Units 20A and 20C. Mr. Vincent-Lang is qualified based on executive experience with the department, but based on his public statements and management focus, she is concerned. She hunted and ate moose meat. She is not antihunter. She believes in using resources to benefit Alaskans. She believes the federal presence of Denali Park and other federal units in Alaska is a good thing and is undervalued by the legislature and Department of Fish and Game. Tourists come from all over to hunt and fish on federal and state land. There is a good balance, but little state celebration of it. So much of what she sees from Mr. Vincent-Lang is antifederal sentiment and accusations. Sometimes it is not accurate or reasonable or reflective of the broad public consensus in Alaska. She disagrees with Mr. Vincent-Lang about whether federal park preserves have the authority to prohibit certain hunting practices. The federal barriers are not a significant impediment to Alaska game managers or to her access to hunting. It is important to recognize the role federal land management plays. She hopes Mr. Vincent-Lang and committee will tone down dangerous antifederal rhetoric on fish and game policy. 4:12:33 PM JOHN STURGEON, representing self, Anchorage, Alaska, shared that he is on the boards of the Safari Club International Alaska Chapter, the Alaska Wild Sheep Foundation, and the Alaska Outdoor Council. He has worked with Mr. Vincent-Lang in various capacities. Mr. Vincent-Lang is a professional and knowledgeable person with extensive experience. The federal government is trying to usurp state authority. Mr. Vincent-Lang will be a strong advocate of state rights 4:14:15 PM MARK RICHARDS, Executive Director, Residents Hunters of Alaska, Fairbanks, Alaska, said as Executive Director of Resident Hunters of Alaska he represents 2,000 Alaskans and their families. Mr. Vincent-Lang is unique among past commissioners in that he has experience in both fisheries and game. When he was director of the Wildlife Division in the Parnell administration, he always engaged the public on various issues, some very controversial. He always sought to bring people together. He will protect Alaska's right to manage wildlife as Alaskans deem best. Mr. Richards urged the committee to read the letter to the Department of the Interior defending the state's rights to manages its own fish and game. Mr. Vincent-Lang is supremely qualified for this position. 4:16:58 PM ROD ARNO, Executive Director, Alaska Outdoor Council, Palmer, Alaska, said the Alaska Outdoor Council has over 10,000 members statewide representing 47 different outdoor clubs. He has worked with Mr. Vincent-Lang for decades. He has always made himself available to the public. The council has seen Mr. Vincent-Lang's knowledge of dealing with federal legislation that determines the use of public resources of fish and game on 220 million acres of this state grow. At this juncture in Alaska history they are fortunate to have a person qualified and willing to be commissioner and work through issues with federal land managers and continue to make Alaska a national example, if not a world example, of a publicly-run fish and game department that gets allocation decisions from the public. Many of the hunters who buy hunting and fishing licenses trust Mr. Vincent-Lang to ensure that those funds will be used for the ability of all Alaskans to participate in fish and game outdoor activities. 4:20:12 PM SYLVIA PANZARELLA, representing self, Anchorage, Alaska, said she and her husband are not against ethical hunting, but from what she has read about Commissioner Designee Vincent-Lang, instead of representing the state, he represents an extremist group, Safari Club International. The Safari group puts notches on their belts from how many animals they have killed, not how much meat they have put in the freezer. Mr. Vincent-Lang is the treasurer of Alaska chapter of the Safari Club. As acting commissioner, he appointed Edward Grasser, a registered lobbyist for the Safari Club, as director of the Wildlife Division. This is not the balanced opinion that Alaskans need. She wants someone who represents the state more than a special interest group like the Safari Club. 4:23:05 PM MICHAEL HAUKEDALEN, representing self, Anchorage, Alaska, said Mr. Vincent-Lang represents continuation of the status quo and business as usual for ADF&G and the Board of Game. He works with individuals in grass roots organizations who understand and respect sports hunting, especially subsistence hunting. The department falls short of its mission to manage shared resources in the best interests of the economy and the people of Alaska. Two examples discussed have been predator control and intensive game management. This is, at best, questionable science. He has found consistent opposition in the legislature and the Department of Fish and Game to listen to anything that comes from outside--peer-reviewed scientific articles and opinions. One example of predator control problems is the Upper Yukon Tanana wolf control program, which ADF&G itself admitted was a failure. Another example is the department refusal to reestablish the Denali buffer zone, which imperils the tourism economy. The board has approved a buffer before and then rescinded the buffer, an arbitrary and capricious decision. 4:26:46 PM STACEE KLEINSMITH, representing self, Anchorage, Alaska, said she is an active outdoor enthusiast and bow hunter. She has served on boards with Mr. Vincent-Lang. He is an ardent conservationist and very approachable. 4:28:52 PM CHAIR BIRCH closed public testimony. He invited Commissioner Designee Vincent-Lang to address the committee again. COMMISSIONER DESIGNEE VINCENT-LANG explained that he did write a 41-page letter to the Department of the Interior to respond to a request from the Secretary of the Interior Zinke. When he called the Department of the Interior to ask what type of response the department wanted, the answer was a comprehensive list. The staff had been working on the list during the previous administration. This is what the Department of the Interior wanted from them. COMMISSIONER DESIGNEE VINCENT-LANG concluded by saying that he is excited about serving as commissioner. There are lots of challenges ahead in finding the right balance among different users. He's ready for it and excited about it. 4:30:49 PM CHAIR BIRCH stated that in accordance with AS 39.05.080, the Senate Resources Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Commissioner, Alaska Department of Fish and Game, Doug Vincent-Lang. CHAIR BIRCH reminded members that signing the reports regarding appointments to boards and commissions in no way reflects individual members' approval or disapproval of the appointees; the nominations are merely forwarded to the full legislature for confirmation or rejection. At ease 4:33:04 PM There being no further business to come before the committee, Chair Birch adjourned the Senate Resources Standing Committee at 4:33 p.m.