Legislature(2023 - 2024)BUTROVICH 205
03/13/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HJR5 | |
| SB67 | |
| SB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 5 | TELECONFERENCED | |
| += | SB 67 | TELECONFERENCED | |
| += | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HJR 5-ALASKA FISHERIES; TROLL FISHERIES
3:32:09 PM
CO-CHAIR BISHOP announced the consideration of CS FOR HOUSE
JOINT RESOLUTION NO. 5(FSH) Urging the United States Secretary
of Commerce, the National Marine Fisheries Service, the Alaska
Department of Fish and Game, and other federal and state
agencies to defend the state's fisheries, including the
Southeast Alaska troll fishery.
He stated the intention to hear the bill and look to the will of
the committee.
3:32:32 PM
REPRESENTATIVE REBECCA HIMSCHOOT, District 2, Alaska State
Legislature, Juneau, Alaska, sponsor of HJR 5, introduced the
legislation speaking to the following prepared statement:
HJRS urges federal and state agencies to continue to
defend Alaska's fisheries, including the Southeast
Alaska troll fishery.
This is important because the lawsuit filed by the
Seattle-based Wild Fish Conservancy that targets the
local Southeast Alaska salmon troll fishery is a
threat to a way of life. Southeast households rely on
salmon as a food source, communities depend on salmon
to support the salmon and tourism sectors that are
pillars of the economy. There is every reason to
protect these fish.
The fear is that this is an attack on one that may
become an attack on all. . Rather than examining the
pollution, vessel traffic, dams in salmon streams and
other pressures on the areas in their area, the Wild
Fish Conservancy has attacked the local troll fleet of
Southeast Alaska, 1,000 miles away. I'd like to
explain who the trollers are and what the lawsuit
contends.
Data from the last 100 years shows that trolling is
one of the most sustainable fisheries there is. It
involves about 1,500 fishermen who bring about $85
million into the local economy. Each fish is caught
with a hook and line. The bycatch is the most limited
of any fishery. Trolling is a low barrier fishery, so
almost all Southeast communities, including Meyers
Chuck, have at least one troller. Each trolling vessel
is a family business, and each family business
supports local schools and local economies.
REPRESENTATIVE HIMSCHOOT deferred to Thatcher Brower to provide
additional information.
3:35:15 PM
THATCHER BROUWER, Staff, Representative Rebecca Himschoot,
Alaska State Legislature, Juneau, Alaska, stated that he is a
commercial troller who fishes in the summer and he also serves
on the Alaska Trollers Association Board of Directors. He
conveyed the following in support of HJR 5:
• In 2019, the National Marine Fisheries Service
conducted a consultation and issued a Biological
Opinion under the Endangered Species Act (ESA) that
considers what effect implementing the fishing
regimes, negotiated by the Pacific Salmon Commission
(Treaty), will have on species listed as threatened
or endangered under the Endangered Species Act.
These species include Chinook salmon and Southern
Resident Killer Whales. An Incidental Take Statement
was issued, which allows the fisheries to be
conducted under State of Alaska authority using
measures which are believed necessary to minimize
impacts on listed stocks.
• On March 18, 2020, the Wild Fish Conservancy, a
Washington-based organization, filed a complaint
against the National Marine Fisheries Service
seeking to invalidate the 2019 Biological Opinion.
• Wild Fish Conservancy sought to halt the production
of Chinook salmon by Columbia River hatcheries that
were intended to increase prey availability to the
Southern Resident Killer Whales. Wild Fish
Conservancy also sought to invalidate the Incidental
Take Statement that covered the Southeast Alaska
troll fishery.
• In September 2021, Magistrate Judge Michelle
Peterson issued a Report and Recommendation finding
that the analysis governing the Columbia River prey
increase program was flawed under federal law, and
that the Incidental Take Statement governing the
Southeast Alaska troll fishery was therefor also
legally deficient. Judge Richard Jones adopted
Magistrate Peterson's Report and Recommendation on
August 8, 2022.
• National Marine Fisheries Service is rewriting the
Biological Opinion, but it will probably [take] some
time.
• Since the adoption of the magistrate's Report and
Recommendation, the parties engaged in briefing on
what the remedy for National Marine Fisheries
Service's violations should be. Judge Peterson
issued a second Report and Recommendation on
December 13, 2022. That Report and Recommendation
would invalidate the Incidental Take Statement for
the Southeast Alaska troll fishery with respect to
the winter and summer fisheries, putting those
seasons in jeopardy.
• U.S. District Court Judge Jones is now deliberating
on the U.S. Magistrate Judge Peterson's Report and
Recommendations for the remedy and will likely make
a decision in the near future.
• If the judge rules in the plaintiff's favor, there
is an opportunity for the case to be appealed to the
th
9 Circuit Court of Appeals.
3:38:24 PM
At ease
3:38:42 PM
CO-CHAIR BISHOP reconvened the meeting and opened public
testimony on HJR 5.
3:39:05 PM
AMY DAUGHERTY, Executive Director, Alaska Trollers Association,
Juneau, Alaska, testified in support of HJR 5. She stated that
the Southeast troll fishery predates any data keeping by the
Alaska Department of Fish and Game (ADF&G) and during
Territorial Days. She said this fishery is subject to the treaty
allocation and the Board of Fisheries and it was doing well
until the Wild Fish Conservancy filed a lawsuit. Since then, ATA
has been doing everything possible to keep Southeast trollers
fishing. She noted that the congressional delegation filed an
amicus brief based on the economic importance of the troll
fishery to the entire Southeast region that includes Yakutat.
3:41:22 PM
TIM O'CONNOR, Mayor of Craig and Vice President, Alaska Trollers
Association, Craig, Alaska, testified in support of HJR 5. He
stated that Craig is the main port on Prince of Wales Island,
which has a total population of just under 4,000. The commercial
seafood landings at the port total 21 million pounds and have a
value of $22.7 million. The port is ranked 30th in the nation
for poundage and 52nd for valuation based on the top 137 ports
in the US. Since logging has all but disappeared on Prince of
Wales Island, commercial and sport fishing are mainstays of
Craig's economy. The Wild Fish Conservancy lawsuit targets the
troll industry, but if it's successful all gear groups are at
risk. He said the Alaska Trollers Association and the City of
Craig need the state to commit resources to help stop the
lawsuit and protect the state's right to manage its fish
resources. That right is in jeopardy. He highlighted that the
City of Craig recently passed Resolution 23-03 supporting ATA's
defense against the WFC lawsuit. He urged the committee to
support HJR 5.
3:43:42 PM
DANI EVENSON, Extended Jurisdiction Program Manager, Alaska
Department of Fish and Game (ADF&G), Juneau, Alaska, stated that
she also serves as the Pacific Salmon Treaty Coordinator. This
makes her the department's point person on the Wild Fish
Conservancy lawsuit alongside Aaron Peterson from the Department
of Law. She continued her testimony speaking to the following
prepared remarks:
This case is a challenge to the National Marine
Fisheries Service (NMFS) Biological Opinion for the
Southeast Alaska salmon fishery the document that
gives Alaska Endangered Species Act (ESA) "incidental
take" coverage and allows our Pacific Salmon Treaty
salmon fisheries to operate. The State of Alaska and
Alaska Trollers Association (ATA) intervened in the
case to defend Alaska's fisheries and interests.
The lawsuit was brought by the Wild Fish Conservancy,
a conservation organization based in Washington State.
The suit specifically attacks Alaska's management of
its Chinook salmon troll fisheries under the Pacific
Salmon Treaty. The lawsuit argues that the Southeast
Alaska Chinook troll fishery threatens the survival of
several ESA-listed Chinook salmon stocks in Washington
and Oregon, and the endangered Southern Resident
Killer Whales that depend on Chinook salmon for food.
The Federal Court in the Western District of
Washington ruled in favor of the Wild Fish Conservancy
supporting their claims.
3:48:59 PM
The Wild Fish Conservancy disputed the provision of
the BiOp [Biological Opinion] that required $118
million of federal funding be provided for mitigation
actions to support Chinook salmon hatchery production
to increase prey for killer whales, Puget Sound
habitat restoration, and Puget Sound conservation
hatcheries. These actions not only allow Alaska
fisheries to continue in the face of ESA concerns, but
also provide mitigation to allow salmon fisheries in
the lower 48 to proceed. This lawsuit does not attack
similar fisheries that occur off the coasts of
Washington and Oregon, despite similar impacts.
The District Court Judge ruled on behalf of the
Plaintiff Wild Fish Conservancy citing that NMFS
violated its obligations under the ESA [Endangered
Species Act] and NEPA [National Environmental Policy
Act] in issuing its incidental take statement.
Key Points from the Judge's order on summary judgment
11included:
1. NMFS's actions require certain mitigation
2. NMFS failed to create a binding mitigation
measure that described "in detail the action
agency's plan to offset the environmental damage
caused by the project" for the prey increase
program.
3. NMFS's failure to make a jeopardy determination
on the prey increase program for the Chinook
salmon ESUs violated its obligations under the
ESA
4. NMFS violated NEPA requirements in issuing the
ITS.
Present Situation
The lawsuit is currently in the "remedy" phase. U.S.
Magistrate Judge Michelle Peterson issued a report and
recommendation (R&R) and proposed order mid-December.
The magistrate recommends:
(1) the Biological Opinion be remanded to NMFS to
remedy ESA and NEPA violations,
(2) portions of the 2019 SEAK BiOp that authorize
"take" of SRKW and ESA-listed Chinook salmon
resulting from commercial harvests of Chinook salmon
during the winter and summer seasons (excluding the
spring season) of the troll fisheries be VACATED.
In other words, removing ESA coverage for these
fisheries while NMFS fixes the flawed BiOp. The
magistrate judge denied Plaintiff's requests to vacate
the portion of the BiOp on the prey increase program
and to enjoin implementation of that program. The
parties have completed briefings on their objections
to the magistrate's report and recommendation
regarding the appropriate remedy, and last week,
Alaska's congressional delegation filed an amicus
curae brief to provide support to the troll fleet.
This portion of the case will be under consideration
by the District Judge in the near future.
3:51:36 PM
This litigation is still active and what happens next
is in the hands of the judge. In the meantime,
fisheries are proceeding as normal and ADF&G staff
have offered assistance to NMFS to help re-write the
BiOp since time is of the essence.
Viewpoint
The State of Alaska abides by the terms of the Pacific
Salmon Treaty and the Biological Opinion that is tied
to it and it is troubling that this ruling singles out
our fisheries. We have a responsibility to look out
for our fisheries and the Southeast coastal
communities and families that rely on them. We will
defend the right for our fisheries to operate while
the NMFS addresses the rewrite of their Biological
Opinion and that includes appealing any adverse
decision that unjustly only targets our fisheries.
Further, Alaska will not tolerate the suspension of
its fisheries while other west coast fisheries equally
impactful to killer whales and dependent upon the
hatchery mitigation actions contained in the Southeast
Alaska Biological Opinion, but not the target of this
lawsuit, are allowed to proceed. If this decision
sticks, we will be looking at having all fisheries
that affect these salmon being treated equally under
the law.
3:54:03 PM
SENATOR CLAMAN said he wasn't clear about what the judge ruled
on in favor of the plaintiff and the remedy that was sought.
3:54:14 PM
SENATOR WIELECHOWSKI joined the committee.
MS. EVANSON said key points on summary judgement included that
part of the $118 million mitigation package was the annual
requirement to provide NMFS with no less than $5.6 million per
year for hatchery production. The judge said this couldn't be
guaranteed because congressional appropriations are annual. NMFS
also failed to create binding mitigation measures that provided
a detailed description of the action agency's plan to offset the
environmental damage caused by the project for the prey increase
program. The question was whether ESA listed species in the area
were impacted by the increase in hatchery fish. NMFS is
addressing this in separate biological opinions for each
hatchery. She said NMFS's failure to make a jeopardy
determination on the prey increase program for the listed
Chinook salmon violated its obligations under the Endangered
Species Act and that NMFS violated the National Environmental
Policy Act requirements in issuing its incidental take
statement.
SENATOR CLAMAN said he'd continue the conversation offline.
3:57:10 PM
At ease
3:57:21 PM
CO-CHAIR BISHOP reconvened the meeting.
3:57:32 PM
SENATOR KAWASAKI asked whether other fisheries were impacted by
the ruling.
MS. EVANSON answered no; the ruling only targets the troll
Chinook salmon fisheries in Southeast Alaska that take place in
the summer and winter months.
3:58:11 PM
SENATOR DUNBAR commented that if the troll fishery can be a
target, there is no question that other gear types will be
challenged in the future.
He asked how the Wild Fish Conservancy justified targeting the
Alaska troll fishery and not the troll fisheries in Washington
and Oregon.
MS. EVANSON replied that the Wild Fish Conservancy targeted the
Southeast Chinook troll fisheries because the state's biological
opinion had the $118 mitigation package; $56 million went to
prey production and that troll fishery was tied to it. She
speculated that the reasons included that that's where the
lion's share of the harvest is and that the WFC board is largely
comprised of sport fishermen. The thought process could be that
without the Chinook troll fishery, the hatchery production from
the Lower 48 wasn't necessary; one would offset the other. She
said the reality is that all fisheries on the western seaboard
rely on the mitigation measure; a foregone harvest in Southeast,
doesn't equal a commensurate level of fish available to killer
whales.
4:00:55 PM
CO-CHAIR BISHOP opened public testimony on HJR 5; finding none,
he closed public testimony. Finding no further questions or
comments, he solicited a motion.
4:01:17 PM
CO-CHAIR GIESSEL moved to report the CS for HJR 5, work order
33-LS0338\U, from committee with individual recommendations and
attached fiscal note(s).
4:01:30 PM
CO-CHAIR BISHOP found no objection and CSHJR 5(FSH) was reported
from the Senate Resources Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 67 Sponsor Responses to Committee Questions 03.01.23.pdf |
SRES 3/13/2023 3:30:00 PM |
SB 67 |
| SB 67 - Testimony received as of 3.11.23.pdf |
SRES 3/13/2023 3:30:00 PM |
SB 67 |
| HJR 05 CS(FSH) Version U 2.15.23.PDF |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Explanation of Changes Version S to U 2.15.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Sponsor Statement Version U 2.24.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Fiscal Note One - House Special Committee on Fisheries 2.15.23.PDF |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Research - KCAW Article 2.1.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Research - ATA and ALFA Orca White Paper Handout 12.7.22.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Research - ADFG Press Release 8.8.22.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Testimony - Received as of 3.13.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |