Legislature(2011 - 2012)CAPITOL 120
01/26/2012 05:00 PM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| HB261 | |
| HCR13 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 261 | TELECONFERENCED | |
| *+ | HCR 13 | TELECONFERENCED | |
HCR 13-NORTH PACIFIC FISHERY MANAGEMENT COUNCIL
6:01:59 PM
CHAIR THOMPSON announced that the final order of business would
be HOUSE CONCURRENT RESOLUTION NO. 13, Requesting the governor
to designate one seat on the North Pacific Fishery Management
Council for a sport fish licensee and one seat on the North
Pacific Fishery Management Council for a subsistence user.
6:02:30 PM
JANE PIERSON, Staff, Representative Steve Thompson, Alaska State
Legislature, paraphrased from the following written sponsor
statement, which read as follows [original punctuation
provided]:
The North Pacific Fishery Management Council (NPFMC)
is one of eight regional councils established by the
Magnuson-Stevens Fishery Conservation and Management
Act to oversee management of the nation's fisheries.
The North Pacific Fishery Management Council has
jurisdiction over the million square mile Exclusive
Economic Zone (EEZ) off Alaska. NPFMC manages federal
fisheries in Alaska valued at over one billion dollars
annually, with primary responsibility for ground fish
management in the Gulf of Alaska, Bering Sea, and
Aleutian Islands, including cod, Pollock, flatfish,
mackerel, sablefish, and rockfish species.
The Council has eleven voting members and four non-
voting members. The eleven voting members include the
Commissioner of the Department of Fish & Game,
Director of the Washington Department of Fish &
Wildlife, Director of the Oregon Department of Fish &
wildlife, the Alaska Regional Administrator of NOAA
Fisheries, five public members appointed by the
Governor of Alaska, and two public members appointed
by the Secretary from the State of Washington.
Since, it is estimated that 95 percent of rural
households consume fish caught for subsistence, and
sports fishing contributes over one-hundred and twenty
three million dollars annually, their voices are vital
to the sustainability of the resource and should be
represented at the North Pacific Fishery Management
Council. Both sports fish licensees and Alaska
subsistence users who have participated in NPFMC
meetings have commonly expressed frustration with the
lack of opportunity to meaningfully participate in the
process, and a lack of representation on the Council.
However, allocation of fish in waters managed by NPFMC
directly affects the quantity of fish available for
harvest by sports fish licensee and subsistence users.
HCR 13 requests that the Governor designate both a
sports fish licensee and a subsistence user for a seat
on the North Pacific Fishery Management Council. In a
state that is home to 3,000 rivers, 3,000,000 lakes,
and 6,640 miles of coastline, protecting opportunities
for sports fishers and subsistence users is vital.
MS. PIERSON highlighted that NPFMC is the only council that
doesn't designate membership for specific users or groups, such
as sport fishers or subsistence users.
6:06:42 PM
THERESA WEISER, President, Sitka Charter Boat Operators
Association, related her support for HCR 13, which she opined
would help in terms of aligning the representation with those
who use the resources.
6:07:24 PM
HEATH HILYARD, Executive Director, Southeast Alaska Guides
Organization, related support of the concept of HCR 13, as he
has not had the opportunity to vet the resolution with his
board. He acknowledged that the membership of NPFMC isn't
consistent with the other councils under the Magnuson-Stevens
Fishery Conservation and Management Act, but emphasized that
domain knowledge and understanding of business models is more
important than the issue of parity amongst the user groups. In
his experience with NPFMC, a number of the council members and
its staff don't generally understand the unique dynamics of
charter fishing business models, particularly in Southeast
Alaska. He opined that in addition to providing parity,
stipulating membership to also include sports fishermen would
provide NPFMC understanding in the development of management
measures that preserve the conversation of species with the
least economic harm.
6:09:15 PM
MELVIN GROVE, President, Prince William Sound Charter Boat
Association, urged the committee to [pass] HCR 13 and attach it
to SB 24 so that it's a requirement. He highlighted that one of
the state's greatest resources is declining dramatically,
irrespective of the estimates of abundance that allowed the
commercial sector to overharvest. He expressed the need to
select more people for NPFMC who would act as watchdogs. He
urged the committee to pass HCR 13.
6:11:07 PM
DONNA BONDIOLI, Captain B's Alaskan C's Adventures, clarified
that her comments are on behalf of the sports fish licensees who
fish on her boat. She informed the committee that she has
participated in NPFMC since 2000 and has been appalled with the
lack of balance with fishing sectors on NPFMC. After writing
the other seven councils regarding their makeup, she discovered
that almost all of them have a 50:50 split between sport and
commercial entities. None of the councils are as off balance as
NPFMC. She reminded the committee that the intent of the
Magnuson-Stevens Fishery Conservation and Management Act was to
have representation for all. For years, there have been
requests for more sports fish appointees. She informed the
committee that this summer when U.S. Senator Mark Begich was in
Homer he said he would like to endorse and promote more
candidates for a balanced council, but he has to choose a
candidate from the names submitted by the governor. Therefore,
Ms. Bondioli emphasized that she wholeheartedly endorse asking
the governor to appoint both a sport fish licensee and a
subsistence representative for NPFMC.
6:13:22 PM
ART IVANOFF, Chairman, Southern Norton Sound Fish and Game
Advisory Committee, testified in support of HCR 13, with a
suggested addition. He suggested the inclusion of language
referring to [representation from] tribal governments. He
opined that there is a real need to advocate for inclusion [of
tribal governments] in the process. He specified the need to
include nongovernmental organizations and tribal governments in
this process. There is a 2003 report by Josh Eagle which
identifies problematic areas of the Magnuson-Stevens Fishery
Conservation and Management Act.
6:14:40 PM
KEN LARSON began by telling the committee that since 1993 he has
owned and operated a small lodge and halibut and salmon charter
business out of Valdez. He related his strong support for HCR
13, but he suggested that the language be amended to clarify
that the appointees be Alaska residents without ties to the
commercial fishing industry. He opined that since this is a
nonbinding resolution, he expressed concern that it wouldn't
have any impact on the governor. The governor and past
governors, he further opined, have long chosen to disregard the
sport fish, subsistence, National Oceanic and Atmospheric
Administration (NOAA), and Department of Commerce, Community &
Economic Development's (DCCED) request for more equitable
noncommercial fish representation on [NPFMC]. He emphasized
that he would rather see this type of language included in HB 20
or SB 24 in order to result in a regulatory or statutory
requirement. The aforementioned would help the sport and
subsistence users receive "a better shake" in these fisheries.
Therefore, he opined that any efforts to obtain a more equitable
representation on the governing boards would be appreciated.
6:16:08 PM
BOB PENNEY began his testimony by noting that he was the first
public member appointed to NPFMC by Former Governor Tony
Knowles. Prior to his appointment, NPFMC was comprised of
mainly industry people. He said that he learned that it's
critical for NPFMC to have a public member. There are 220,000
licensed anglers in Cook Inlet; the majority of which he
surmised are issued for halibut. Halibut is controlled from the
shore to the 200-mile limit by NPFMC. He emphasized the
importance of the public having a NPFMC member that they can
approach. As mentioned earlier, every other council has sports
fishery representation. He, too, pointed out that the Magnuson-
Stevens Fishery Conservation and Management Act refers to public
representation on the boards. He remarked that [the proposal in
HCR 13] is long overdue and very important to carry through. He
related a suggestion from NPFMC member Ed Dersham that the
subsistence member language might be changed to require that
member to be a member of the community development quotas (CDQs)
who would likely be involved with an Alaska Native
establishment. In conclusion, Mr. Penney encouraged the
committee to carry forward and pass HCR 13.
6:18:49 PM
REPRESENTATIVE AUSTERMAN inquired as to how many people with a
sport fishing background have been appointed to NPFMC.
MR. PENNEY related that he was the first, then Ed Rasmuson (ph),
Ben Ellis' (ph) name was forwarded but not confirmed, and then
Ed Dersham was appointed. He related that the seat has remained
a public seat since he was appointed by Governor Knowles. He
restated his belief that it's important for the public to have
someone to talk to on NPFMC when something affects a major
fishery in the state and it should continue.
6:20:02 PM
KAREN GILLIS, Executive Director, Bering Sea Fishermen's
Association, related support for HCR 13. She reminded the
committee that subsistence fishing provides a large share of the
food consumed in rural Alaska. These stocks are impacted by the
decisions made by NPFMC members. Furthermore, there is a clear
and obvious lack of representation on NPFMC, she said. This
resolution is a good step, but as mentioned earlier it's
nonbinding and she would prefer to have a more binding piece of
legislation that places [requirements] in statute. She pointed
out that for the Pacific Fishery Management Council the
Magnuson-Stevens Fishery Conservation and Management Act
specifies that a tribal seat be required. The Pacific Fishery
Management Council consists of the states of California,
Washington, Oregon, and Idaho. She argued that those states
have no more or less Indian tribal authority than Alaska.
Therefore, the State of Alaska should correct the lack of such
representation on NPFMC.
6:22:29 PM
REPRESENTATIVE HERRON reminded everyone that Chair Thompson will
be offering language for a seat for a subsistence user. He then
announced that he will be offering an amendment to insert the
following language: "an individual nominated by an Alaska
Native organization that represents rural subsistence users".
He inquired as to Ms. Gillis' thoughts.
MS. GILLIS said that the language doesn't "quite measure up" to
the [requirements] of the Magnuson-Stevens Fishery Conservation
and Management Act, although she felt it was getting closer.
6:23:34 PM
RICKY GEASE, Executive Director, Kenai River Sport Fishing
Association, said he would relate some of his own personal
observations of NPFMC since 2004. He further related that since
becoming the executive director of the Kenai River Sport Fishing
Association he has participated in the halibut charter
stakeholder committee process that developed the halibut
moratorium permit program and also participated in the first
recreational summit for sport fishing interests presented by
NOAA. Three things that came out of the NOAA conference were
that it was important for the sport fishing interests to have
the Marine Recreation Information Program completed, which
provides an accurate tally of harvest and effort data. The
other two main issues from the NOAA conference were having
balanced representation on councils and a sound basis of
economic data such that the allocation issues are understood to
the point of allowing the councils to maximize the value from
the resources. Currently, there is a lack of economic data on
the sport fishing side as well as the subsistence side. While
he said he supports HCR 13, he pointed out that NPFMC does have
a de facto public seat, as pointed out by Mr. Penney.
Furthermore, he opined that it's important to get subsistence
voices on NPFMC because its decisions impacts salmon and
halibut. Typically, salmon issues are influenced on the Yukon
River. He related his observation that in NPFMC there is a
divide in the Alaska Native community on NPFMC decisions. There
are CDQ groups that are getting vested and becoming very
economically productive in Western Alaska. However, that
productivity impacts the salmon by-catch issues that impact up-
river users on the Yukon River. There is a dynamic tension at
NPFMC meetings and the disenchanted group is the up-river
subsistence users. In terms of the public, NPFMC member Ed
Dersham has been a real plus for halibut issues; and therefore,
he opined that it's important to have someone with an
understanding of the sport fishing industry on NPFMC.
Obviously, NPFMC oversees the largest seafood productivity in
North America and Alaska is over 50 percent of all seafood
production in North America. Although NPFMC should have the de
facto commercial fishing industry seats, sport and subsistence
fisheries should also have voices on NPFMC. Mr. Gease opined
that ultimately having those [sport and subsistence fishery]
voices in the NPFMC process results in better decisions with
regard to the allocation of resources.
6:28:01 PM
GREG SUTTER, President, Alaska Charter Association, related
support for HCR 13. He opined that balanced representation on
NPFMC is necessary and [HCR 13] is one way in which to ensure
such. He then said he wanted to echo Mr. Gease's sentiments and
add that these renewable resources, fish, are the future of
Alaska.
6:29:56 PM
JOHN "SKY" STARKEY, Attorney, Association of Village Council
Presidents, related support for HCR 13. He said he wanted to
echo the comments of Ms. Gillis and Mr. Ivanoff and urge the
committee to amend the language of HCR 13 that speaks to
subsistence. The current language doesn't mean much because
under Alaska law, every Alaskan is an eligible subsistence user.
In fact, every Alaskan that has sat on NPFMC would satisfy the
criteria. Furthermore, there are federally recognized tribes in
Alaska, NPFMC is a federal management body, and the Magnuson-
Stevens Fishery Conservation and Management Act already
recognizes the federally recognized tribes in the Pacific
Fisheries Management Council and provides a seat for them.
Therefore, it would make sense for that to be followed with
NPFMC as well and thus he urged the committee to make the change
to NPFMC membership [requirements] to bring it in line with the
other councils.
6:32:20 PM
REPRESENTATIVE HERRON recalled asking last year why there isn't
a subsistence seat on NPFMC to which he was told that the chair
of NPFMC is from Dillingham and two other council members are
empathetic to the subsistence viewpoint. However, the seats of
those members have a singular purpose and efficiency. He asked
if Mr. Starkey believes subsistence and sports fishermen should
also have a [designated] seat in order to achieve that purpose
and efficiency.
MR. STARKEY acknowledged that regardless of how one may feel and
support subsistence and sport fisheries, it's difficult to wear
two hats at once. He further acknowledged that Eric Olson,
Chair, NPFMC, has done a remarkable job creating balance,
although that isn't always the case and there are instances in
which having a representative is important to have as an
advocate and voting member. Therefore, he felt that
Representative Herron's observations are "on the mark."
6:34:28 PM
REPRESENTATIVE HERRON opined that if there was a sport fish seat
and a subsistence seat, those seats would also be empathetic to
the commercial fishing point of view.
6:35:31 PM
REPRESENTATIVE HERRON moved to adopt Amendment A.3, labeled 27-
LS0802\A.3, 1/26/12, which read:
Page 1, line 3:
Delete "a subsistence user"
Insert "an individual nominated by an Alaska
Native organization that represents rural subsistence
users"
Page 1, following line 14:
Insert new material to read:
"WHEREAS the Pacific Fishery Management Council,
whose jurisdiction consists of the exclusive economic
zone off the coasts of Washington, Oregon, and
California, includes a voting member nominated by a
federally recognized Native American tribe; and
WHEREAS Alaska's Native peoples have the right
under federal law to take, for subsistence purposes,
fur seals and other marine mammals, sea birds and
other migratory waterfowl, and certain species listed
under the Endangered Species Act of 1973, all of which
are affected by decisions made by the North Pacific
Fishery Management Council, yet the federally
recognized tribal governments of those peoples are not
represented on the council; and"
Page 2, lines 16 - 17:
Delete "a subsistence user"
Insert "an individual nominated by an Alaska
Native organization that represents rural subsistence
users"
6:36:00 PM
REPRESENTATIVE AUSTERMAN said that he has a problem with the
first part of Amendment A.3. He clarified his belief that there
should be a subsistence user on NPFMC and the committee should
encourage the governor to continue to make the same appointment
as he has in the past. As a 68-year resident of Alaska who is a
subsistence user, he understood [the change per Amendment A.3]
would mean that he would not be a possible appointee unless he
is named by an Alaska Native organization. Although he said he
understood the desire to use a federally recognized tribal
government agency as the entity that would make an appointment,
at the same time it doesn't allow him [and others similarly
situated] to be a potential appointee to NPFMC.
6:37:51 PM
REPRESENTATIVE HERRON argued that the amendment does not
restrict anyone from being nominated by an Alaska Native
organization that represents rural subsistence users.
6:39:05 PM
REPRESENTATIVE AUSTERMAN objected to the motion to adopt
Amendment A.3.
6:39:18 PM
A roll call vote was taken. Representatives Herron, Kawasaki,
Miller, and Thompson voted in favor of the adoption of Amendment
A.3. Representatives Pruitt and Austerman voted against it.
Therefore, A.3 was adopted by a vote of 4:2.
6:41:17 PM
REPRESENTATIVE AUSTERMAN moved to report HCR 13, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHCR
13(FSH) was reported from the House Special Committee on
Fisheries.