Legislature(2001 - 2002)

02/21/2001 01:10 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 10-GROUNDFISH FISHERIES AND STELLER SEA LION                                                                              
                                                                                                                                
CO-CHAIR SCALZI announced that the  first order of business would                                                               
be HOUSE JOINT  RESOLUTION NO. 10, Relating to  the management of                                                               
the  Bering Sea/Aleutian  Islands and  Gulf of  Alaska groundfish                                                               
fisheries and the  protection and restoration of  the Steller sea                                                               
lion.  [Before the committee was CSHJR 10(FSH).]                                                                                
                                                                                                                                
Number 0160                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI  noted for the  record that  Representative Green                                                               
had arrived.   He  mentioned that  Dr. Gordon  Kruse and  Dr. Bob                                                               
Small would be testifying together.                                                                                             
                                                                                                                                
Number 0278                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI said  [HJR 10] "is not an attack  on the National                                                               
Marine Fisheries Service [NMFS], Steller  sea lions, nor is it an                                                               
endorsement  of  any  particular   fishing  practice  in  Alaskan                                                               
waters.   Rather,  this resolution  is  a strong  request to  the                                                               
United States  Congress that any  implementations imposed  on our                                                               
fisheries  management plans  by  the Endangered  Species Act  are                                                               
based on  sound and thorough science."   He said that  today U.S.                                                               
Senator  Frank Murkowski  had spoken  to that  issue, in  general                                                               
terms,  "but  offered  the  same  consideration  to  all  of  our                                                               
resources, that we  take these things out of  the political arena                                                               
and back to scientists."                                                                                                        
                                                                                                                                
Number 0350                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI  stated that the  figures in this  resolution are                                                               
not  exaggerated.   He  said,  "The task  before  [NMFS], by  the                                                               
Endangered Species  Act, is to  prove a  negative.  They  have to                                                               
prove that  the commercial fishing  industry is not the  cause of                                                               
the decline  of the Steller sea  lion, and what measures  ... are                                                               
going  to  be  implemented  to mitigate  that  assumption."    He                                                               
commented that  it would  be a difficult  task.   Co-Chair Scalzi                                                               
continued, saying:                                                                                                              
                                                                                                                                
     There [are]  very evident problems trying  to reach the                                                                    
     conclusion in  proving a negative on  something that is                                                                    
     this extensive and far-reaching.   Some of the evidence                                                                    
     that you've probably  been aware of in  the packet, the                                                                    
     documents  that you  have, is  some of  the discussions                                                                    
     regarding  orca   predation,  the  sustenance   of  the                                                                    
     fishing -- of the diet for Steller sea lions.                                                                              
                                                                                                                                
     And the  conclusions that  you read at  the end  of the                                                                    
     bi-op [biological  opinion], one  thing that  struck me                                                                    
     was  that  in section  5.21,  line  21, in  the  bi-op,                                                                    
     there's a quote that  said, "However, the authors noted                                                                    
     that  the results  of the  simulations  are not  better                                                                    
     than the assumptions  they are built on."   This is ...                                                                    
     kind of dramatic  to me because it went  through a very                                                                    
     detailed  analogy  of how  many  animals  were here  15                                                                    
     years ago and  how many are here  today, the percentage                                                                    
     that they estimate  that the orcas are  [killing].  But                                                                    
     yet, after going through all  those pieces of evidence,                                                                    
     they ...  say that we  can't assume anything;  we don't                                                                    
     even  believe  our  own  evidence.    So,  [it's]  very                                                                    
     frustrating, particularly  with the  commercial fishing                                                                    
     industry (indisc.) up to $800  million dollars over the                                                                    
     course of the  next few years, just what  that is going                                                                    
     to mean dramatically to the ... industry.                                                                                  
                                                                                                                                
CO-CHAIR  SCALZI  said  there  is not  sufficient  data  to  make                                                               
confident decisions, and  that HJR 10 is asking  for evidence "so                                                               
that the  delay in  restrictions are maintained  until we  do get                                                               
that degree of  confidence."  He introduced Gordon  Kruse and Bob                                                               
Small and invited them to begin their testimony.                                                                                
                                                                                                                                
Number 0565                                                                                                                     
                                                                                                                                
GORDON KRUSE, Marine Fisheries  Scientist, Division of Commercial                                                               
Fisheries, Alaska  Department of  Fish &  Game (ADF&G),  spoke as                                                               
Chair of  the Steller Sea  Lion Restoration  Team.  He  offered a                                                               
"thumbnail sketch of where we've been and where we're headed":                                                                  
                                                                                                                                
     As you all know,  the National Marine Fisheries Service                                                                    
     issued their  biological opinion on November  30, 2000.                                                                    
     And, as  pointed out, that  generated a lot  of concern                                                                    
     among the  fishing industry  and others  concerning the                                                                    
     magnitude of  the management measures, as  well as some                                                                    
     of the science  and how it would  (indisc.) science was                                                                    
     evaluated  in that  opinion.   The governor  formed the                                                                    
     state's restoration  team, again,  ... of which  we are                                                                    
     members.                                                                                                                   
                                                                                                                                
     Principally, our mission, as  we hope everyone's is, is                                                                    
     to try to  restore Steller sea lions, at  the same time                                                                    
     providing  some  avenues  for  commercial  fishing  and                                                                    
     other  fishing in  Alaska.   The main  points of  [the]                                                                    
     objectives  of   our  committee   are  to   review  the                                                                    
     biological  opinion, to  make research  recommendations                                                                    
     as far  as particular  needs, [in order]  to understand                                                                    
     the  causes   of  population  changes,  to   make  some                                                                    
     recommendations about prudent  management measures, and                                                                    
     some other  things.   But those  are probably  the main                                                                    
     highlights.                                                                                                                
                                                                                                                                
     Concerns  about  the  science, the  way  the  different                                                                    
     alternatives and hypotheses were  evaluated, was one of                                                                    
     the  main  reasons for  stemming  the  creation of  the                                                                    
     state's  restoration  team.   In  addition,  the  North                                                                    
     Pacific Fishery  Management Council [NPFMC],  through a                                                                    
     scientific  and  statistical committee,  also  reviewed                                                                    
     the biological  opinion, and they  have a  draft review                                                                    
     of their ... comments at this point in time.                                                                               
                                                                                                                                
     Again,  because  of  concern for  the  science  in  the                                                                    
     document, there will be a  National Academy of Sciences                                                                    
     review of  the biological  opinion, and that  will take                                                                    
     about 18 months to be  conducted.  Because of that time                                                                    
     line,  the  [NPFMC]  will  also   have  a  ...  quicker                                                                    
     turnaround review process,  involving three peer review                                                                    
     scientists  that can  provide  information, again,  for                                                                    
     the council - a quicker turnaround.                                                                                        
                                                                                                                                
     ... I can highlight one of  the points in our review to                                                                    
     this  point, which  we articulated  in a  memorandum to                                                                    
     our  deputy  commissioner,  and  that  was,  given  our                                                                    
     initial  review, the  restoration team  feels that  the                                                                    
     reasonable  and   prudent  alternative  to   finding  a                                                                    
     biological opinion  is not justified based  on the data                                                                    
     and analysis provided.  ...  We plan to have a complete                                                                    
     review  from our  restoration  team  of the  biological                                                                    
     opinion in the next month or two.                                                                                          
                                                                                                                                
     As  far as  into the  future, there  ... is  ... what's                                                                    
     called   an   RPA   committee  -   Reasonable   Prudent                                                                    
     Alternative committee - essentially,  that is the suite                                                                    
     of  management   measures.    Bob  Small   is  on  that                                                                    
     committee,  and in  a moment  I'll let  him describe  a                                                                    
     little of  what that committee's  up to.  They  met for                                                                    
     the first  time yesterday.   But essentially  the goal,                                                                    
     then, is through the [NPFMC]  to bring forward some ...                                                                    
     alternatives  to  the  management  measures  that  were                                                                    
     proposed by  [NMFS] that  could be  put into  place, at                                                                    
     least  for the  second half  of this  year, 2001.   And                                                                    
     then,  later in  the  fall,  there may  well  be a  new                                                                    
     biological  opinion  prepared,  and  the  council  will                                                                    
     consider  a  set  of longer-range  management  measures                                                                    
     that hopefully  would restore  the [Steller]  sea lions                                                                    
     into the future, as well as provide for fishing.                                                                           
                                                                                                                                
Number 0875                                                                                                                     
                                                                                                                                
DR.  ROBERT  SMALL,  Marine   Mammals  Coordinator,  Division  of                                                               
Wildlife  Conservation,  Alaska  Department   of  Fish  and  Game                                                               
(ADF&G),  said  that   the  first  meeting  of   RPA  took  place                                                               
yesterday,  February 20,  2001, and  it would  meet another  four                                                               
times in  the next  six weeks  to "look  at what  application for                                                               
fishing  restrictions would  be in  place for  the remaining  six                                                               
months of the  calendar year, 2001."  He stated  that the overall                                                               
objective of  the RPA will be  "to try to determine  if there are                                                               
alternatives to  the RPA that  [are] published in  the biological                                                               
opinion."                                                                                                                       
                                                                                                                                
DR. SMALL said the  RPA meetings will be open to  the public.  He                                                               
stated that membership in the  RPA is composed of representatives                                                               
from NMFS,  ADF&G, and fishing groups.   Dr. Small said  that the                                                               
process for potential revisions through  the RPA will begin after                                                               
the April council meeting.  He  said that the RPA's first meeting                                                               
served  to   gather  available  information   and  to   look  for                                                               
additional data  that may not  have been fully  disclosed "within                                                               
the  biological opinion"  and that  may need  further study.   He                                                               
stated that  the next six meetings  would be used to  dissect the                                                               
information  gathered and  to decide  what objective  conclusions                                                               
are allowed by  science and "when do we  start making assumptions                                                               
and  subjective  decisions."   Dr.  Small  said  that  scientific                                                               
evidence  is   limited;  there   is  still   the  need   for  the                                                               
interpretation and application of it.   He commented that the RPA                                                               
would be a very "dynamic group."                                                                                                
                                                                                                                                
Number 1032                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI noted for the  record that Representative Kapsner                                                               
had arrived.  He opened up the floor to questions.                                                                              
                                                                                                                                
Number 1055                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS said  he appreciated  the efforts  of the                                                               
RPA  team.   He  asked  where the  research  dollars were  going,                                                               
stating his  concern that  "they are going  in the  right place."                                                               
He mentioned  that the House  Special Committee on  Fisheries had                                                               
heard from  Dr. Andrew  Trites, and  he asked  Dr. Small  for his                                                               
opinion on Dr. Trites' research.                                                                                                
                                                                                                                                
Number 1105                                                                                                                     
                                                                                                                                
DR. SMALL responded by saying  that Dr. Trites is highly regarded                                                               
and that his argument is  very compelling and deserves attention;                                                               
however, it  is based on  theories that  are not proven  and that                                                               
need further scrutiny.  Dr. Small continued, saying:                                                                            
                                                                                                                                
     I think Dr. Trites - as  far as the research side of it                                                                    
     -   he   has   received,  within   the   last   federal                                                                    
     appropriation,  $800,000  as  an  earmark  towards  the                                                                    
     North Pacific  Consortium ...  of universities  that he                                                                    
     represents.   And  so that  is a  specific earmark,  as                                                                    
     well.   The rider  that [U.S.] Senator  Stevens brought                                                                    
     across, there's  a large amount  of money, and  I think                                                                    
     some of  the ... materials  in front of you  break down                                                                    
     those funds.   And the large portion of  the money that                                                                    
     was brought in on that  rider will now be going through                                                                    
     a "request for proposal" process.   And so, Dr. Trites,                                                                    
     as  well as  anybody else  [who] feels  as though  they                                                                    
     have the  background, the  knowledge to  try to  get at                                                                    
     some   of  these   other  questions,   will  have   the                                                                    
     opportunity to go after those funds.                                                                                       
                                                                                                                                
Number 1212                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS asked whether  NMFS or another group would                                                               
make  the  decisions  about  how the  research  dollars  will  be                                                               
utilized.                                                                                                                       
                                                                                                                                
DR. SMALL  said, "As of last  Friday, I don't believe  that final                                                               
decision has  been made.   My  understanding is  that it  will be                                                               
outside of  the [NMFS],  but through  what organization,  I'm not                                                               
sure yet."   Dr. Small made a distinction between  "the funds and                                                               
the rider, and the annual appropriations":                                                                                      
                                                                                                                                
     A research  funding horizon has  been quite low,  and I                                                                    
     think now that we see the  impact of this issue and the                                                                    
     amount  of dollars  that are  needed to  really try  to                                                                    
     keep it  apart, we're moving  into sort of  a different                                                                    
     era here now.  Whereas  the amount of money that's been                                                                    
     available is  quite small (indisc.)  for the  next year                                                                    
     or  two we've  got  some  of those  sources.   And  the                                                                    
     department's own  research program  ... has  an earmark                                                                    
     that we  go through on  an annual  basis to try  to get                                                                    
     the funds  through the  [NMFS].   But outside  of those                                                                    
     funds,  there  are  no  other  funds  for  the  state's                                                                    
     programs or for the [NMFS].                                                                                                
                                                                                                                                
Number 1300                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  mentioned research being done  and expressed                                                               
concern about the  length of time required to  make any decisions                                                               
because of the  complexity of the issue.  He  asked Dr. Small and                                                               
Dr.  Kruse  if they  had  any  idea  of  what the  timelines  for                                                               
decision making would be, taking  into consideration not only the                                                               
complexity of new research, but  the agreement on those differing                                                               
research projects.   Representative  Fate said he  has a  fear of                                                               
the process taking so long that the federal government will step                                                                
in to take over.                                                                                                                
                                                                                                                                
Number 1391                                                                                                                     
                                                                                                                                
DR. KRUSE answered:                                                                                                             
                                                                                                                                
     I think  there's a  couple levels.   And  you're right,                                                                    
     the timeline  is ... really critical.   Certainly, when                                                                    
     new money  comes available, you design  new studies and                                                                    
     you put them in the water.   It can take a couple years                                                                    
     to  complete a  project, write  up results.   So,  that                                                                    
     timeline can  be frustrating to people  wanting to make                                                                    
     decisions for fishing later this  year and for the next                                                                    
     year.   But I think  [there are] two  things happening.                                                                    
     One is [that] the  biological opinion that was prepared                                                                    
     was  done  so  by  largely  one  component  within  the                                                                    
     [NMFS].  We're  on a ... time track now  for more of an                                                                    
     open   process  through   the  peer   reviews  of   the                                                                    
     restoration   team   and   other  committees   that   I                                                                    
     mentioned, plus  this RPA  committee on  the management                                                                    
     side.                                                                                                                      
                                                                                                                                
     So,  I think  that  might provide  a  vehicle for  more                                                                    
     input to  the [NMFS]  - which  makes the  ultimate call                                                                    
     and does write the biological  opinion - to have others                                                                    
     involved and looking at  alternative hypotheses and the                                                                    
     preponderance  of evidence,  if you  will.   So there's                                                                    
     kind of  two levels of  things:  ... One  is collecting                                                                    
     new information  ... that  will pay  off in  the future                                                                    
     when that  research becomes concluded and  agreed upon;                                                                    
     the  other is  evaluating  existing evidence,  existing                                                                    
     data.   And there's still  opportunity to do that  on a                                                                    
     quicker turnaround with a  broader group of scientists,                                                                    
     including peer review scientists.   So, I think there's                                                                    
     two levels over  which there could be  payoffs in terms                                                                    
     of improving  our understanding of a  situation and the                                                                    
     correct measures to take.                                                                                                  
                                                                                                                                
Number 1498                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE expressed his concern about the length of                                                                   
time it will take to consider all the differing sets of data.                                                                   
He asked Dr. Kruse what his projected timeline is.                                                                              
                                                                                                                                
Number 1559                                                                                                                     
                                                                                                                                
DR. KRUSE said:                                                                                                                 
                                                                                                                                
     I  guess in  terms of  the management  side, there's  a                                                                    
     quick timeline  for ... this  RPA committee  getting in                                                                    
     new measures for the second  half of this fishing year.                                                                    
     So,  that  committee  that  Bob Small  is  on  will  be                                                                    
     delivering  some  products,  in  terms  of  alternative                                                                    
     management  measures,  to  the North  Pacific  [Fishery                                                                    
     Management]  Council   in  April.    And   that  is  as                                                                    
     contracted  a  possible.     My  understanding  is  the                                                                    
     council  would hear  those, select  a  subset of  them,                                                                    
     recommend  it ...  to be  analyzed, go  out for  public                                                                    
     review, and then decisions will be made in June.                                                                           
                                                                                                                                
     When  councils  make  decisions,  I think  it  takes  a                                                                    
     couple of months  for those to be  implemented, but the                                                                    
     NMFS  can implement  an emergency  rule, so  that those                                                                    
     measures could  be implemented  July 1,  2001.   So, in                                                                    
     terms  of management,  that's as  quick  a timeline  as                                                                    
     possible.      Again,   it  will   be   operating   on,                                                                    
     essentially,  the information  that we  currently have.                                                                    
     It  won't benefit  from additional  scientific evidence                                                                    
     or ... new studies.                                                                                                        
                                                                                                                                
     So ... incorporate that into  the management process; I                                                                    
     think,   essentially,   that   will   happen   as   new                                                                    
     information comes  available that  changes the  view on                                                                    
     whether  it is  the orcas  or it  is climate  or it  is                                                                    
     fishing.  That information,  then, would drive the need                                                                    
     for  a new  biological opinion,  and, therefore,  a new                                                                    
     set of management measures.                                                                                                
                                                                                                                                
     So, ...  I expect that  there'll be new bi-ops  and new                                                                    
     management  measures put  in place  as new  information                                                                    
     comes available  that changes the opinion  of, I guess,                                                                    
     essentially the [NMFS], since  they're the ones writing                                                                    
     the biological opinion.  But it is frustrating.                                                                            
                                                                                                                                
Number 1651                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  asked if it  would be  safe to say  that the                                                               
new  opinions would  be available  by January  2001, so  that the                                                               
legislators are  able to make some  appropriate legislation based                                                               
on the new material.                                                                                                            
                                                                                                                                
Number 1687                                                                                                                     
                                                                                                                                
DR.  KRUSE responded  that it  is  his understanding  that a  new                                                               
biological opinion may be generated in the Fall of 2001.                                                                        
                                                                                                                                
Number 1702                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN asked  Dr. Kruse  and  Dr. Small  if it  is                                                               
possible that  the data provided  by the RPA might  conflict with                                                               
that of the NMFS to such an  extent that a third study would have                                                               
to be done,  thereby prolonging the whole process, or  if the new                                                               
study would be so overwhelming as to be unquestioned.                                                                           
                                                                                                                                
Number 1754                                                                                                                     
                                                                                                                                
DR. SMALL answered:                                                                                                             
                                                                                                                                
     I think the distinction that  you made earlier is quite                                                                    
     important here.   The  information that'll  take place,                                                                    
     or  that  will be  generated  here  over the  next  six                                                                    
     months, or within this calendar  year, I think is going                                                                    
     to be  more a reevaluation  and difference  of opinions                                                                    
     of existing  data.  As  for some finality, to  say this                                                                    
     is the cause for the  decline - whether you're speaking                                                                    
     of the  recent decline or  the historic decline  - that                                                                    
     information will not  be here by the end  of this year,                                                                    
     unless there's a  silver bullet out there  that ... all                                                                    
     the  scientists have  been trying  to  find for  years,                                                                    
     [and] it just shows up.   I don't mean to make light of                                                                    
     this situation,  but the  complexity and  the magnitude                                                                    
     of  this type  of issue  is not  something that  we can                                                                    
     solve within  a short period of  time.  So I  think the                                                                    
     timeline that we are all  on in the process, the public                                                                    
     process  [by  which]  more  people   can  have  a  good                                                                    
     thorough look at  it, is the best thing that  we can do                                                                    
     with the existing data.   The research that is going to                                                                    
     be  continued  this  year, and  for  the  next  several                                                                    
     years,  I think  will allow  us  to begin  to tease  it                                                                    
     apart more and more.  But  I ... just want to make sure                                                                    
     that  it's not  presupposed that  there'll be  some new                                                                    
     data within [a  certain] period of time  that will give                                                                    
     us a definitive  answer to this issue,  because it will                                                                    
     take some time.                                                                                                            
                                                                                                                                
Number 1836                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  asked if new research  disagreeing with old                                                               
wouldn't cause the need for  further research, thereby prolonging                                                               
the process.                                                                                                                    
                                                                                                                                
Number 1875                                                                                                                     
                                                                                                                                
DR. SMALL clarified that the  reanalysis of existing data will be                                                               
subjective.   He said, "There  will be a  new set of  opinions or                                                               
interpretations in a  much more open process  than the biological                                                               
opinion was generated  this first time through.  But  in terms of                                                               
a long-term recovery  and pulling back of  some restrictions, the                                                               
data  that's needed  for those  types  of actions  ... will  take                                                               
additional time."                                                                                                               
                                                                                                                                
Number 1909                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Dr. Small how long that would take.                                                                  
                                                                                                                                
Number 1920                                                                                                                     
                                                                                                                                
DR. SMALL  answered several years  to get the different  types of                                                               
data, but  said that  the groups involved  can make  decisions as                                                               
they  go along.   He  added,  "The reason  it's so  controversial                                                               
right now is because the information  isn't there to make a clear                                                               
understanding."                                                                                                                 
                                                                                                                                
Number 1943                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  explained that reading results  of research                                                               
would be like  two people reading a book.   If they both disagree                                                               
on its  intent, they will have  to go to the  author for answers,                                                               
which  could  turn  out  to  be  a  long  and  involved  process.                                                               
Representative  Green asked  if  NMFS would  "continue to  create                                                               
problems  for  commercial  fishing,  or will  they  maybe  resume                                                               
pending the outcome of further research."                                                                                       
                                                                                                                                
Number 1984                                                                                                                     
                                                                                                                                
DR. SMALL said  that he could not predict what  NMFS will do, but                                                               
commented  that  he thought  that  the  plan  would be  to  limit                                                               
restrictions  on fisheries,  "with the  understanding that  those                                                               
restrictions  have to  be in  compliance  with removing  jeopardy                                                               
under the Endangered Species Act."                                                                                              
                                                                                                                                
Number 2011                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN expressed his concern  that if the review of                                                               
the existing  data supports  NMFS policy,  there wouldn't  be any                                                               
possibility to  continue with research, knowing  that the outcome                                                               
may be "at odds with NMFS."                                                                                                     
                                                                                                                                
DR. SMALL  explained that  there is a  variety of  research being                                                               
done  on an  ongoing basis.   Although  results will  continue to                                                               
come in, some will take a long time to be completed.                                                                            
                                                                                                                                
Number 2084                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS commented on  the amount of research being                                                               
done in the Seattle area  on Alaska's Steller sea lion situation.                                                               
He asked Dr.  Small for his opinion on the  possibility of moving                                                               
the  scientific  research  facilities  out of  Seattle  and  into                                                               
Alaska.                                                                                                                         
                                                                                                                                
Number 2124                                                                                                                     
                                                                                                                                
DR.  SMALL responded  that  the NMFS  has  already increased  its                                                               
presence in Alaska.  It has  plans to hire some people in Kodiak,                                                               
as  well as  Anchorage, although  the feasibility  of moving  the                                                               
entire  research facilities  is arguable.   He  pointed out  that                                                               
although most  of the scientists  spend time in Alaska,  they are                                                               
based out of  Seattle.  He said that the  regional office, run by                                                               
Dr. Balsigner and his group, is located in Juneau.                                                                              
                                                                                                                                
Number 2189                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI  told Representative Stevens  that he had  made a                                                               
good point.   He  said that  there are  facilities in  Alaska for                                                               
research, and perhaps  the legislature could add  support to that                                                               
idea.                                                                                                                           
                                                                                                                                
Number 2200                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE stated  that "conclusion  in the  scientific                                                               
world  is hard  to come  by,"  and asked  Dr. Small  if there  is                                                               
enough evidence to take action now, rather than waiting.                                                                        
                                                                                                                                
Number 2295                                                                                                                     
                                                                                                                                
DR.  SMALL said,  "Actions  are  being made  now,  and they  will                                                               
continue  to be  made,  revised, hopefully  more enlightened  and                                                               
more definitive, as new information comes in."                                                                                  
                                                                                                                                
Number 2320                                                                                                                     
                                                                                                                                
FRANK  KELTY, Resource  Department, City  of Unalaska,  testified                                                               
via  teleconference.    Until  recently   a  long-time  mayor  of                                                               
Unalaska,  he  spent  30  years working  in  the  Alaska  seafood                                                               
industry, he  said, and 18  years as  an elected official  in his                                                               
community.    He  urged  the committee  to  move  the  resolution                                                               
forward and specified that the community supports it as written.                                                                
                                                                                                                                
MR.  KELTY  said this  issue  is  of  extreme importance  to  the                                                               
communities of  the Gulf [of Alaska]  and the Bering Sea;  in his                                                               
30 years of involvement, this is  one of the most critical issues                                                               
he has  seen.   There is  extreme concern  about the  problems it                                                               
will cause  for the  second part  of the  year, because  the RPAs                                                               
will go into effect in June.                                                                                                    
                                                                                                                                
MR. KELTY noted  that he had attended the  North Pacific [Fishery                                                               
Management]   Council  meeting   a  week   ago;  the   scientific                                                               
statistical committee that  works for the council,  which is made                                                               
up of  scientists, gave its  report on the  [biological opinion].                                                               
He   stated,  "Basically,   they  said   it  was   scientifically                                                               
deficient, and  the RPAs weren't  warranted based on  the science                                                               
that was involved."                                                                                                             
                                                                                                                                
MR. KELTY said most of the  communities have a major problem with                                                               
the [biological  opinions] and  RPAs.  Unalaska,  the hub  of the                                                               
fishing  industry  in  the  Bering Sea,  has  been  the  nation's                                                               
number-one commercial fishing  port for a dozen years.   When the                                                               
previous [biological  opinion] came out, it  was "basically going                                                               
into the  pollock fishery."   Now, he said, the  restrictions and                                                               
RPAs  have moved  into  "the Pacific  cod  fishery, the  mackerel                                                               
fishery, all gear types, large  boats, small boats, and will have                                                               
a dramatic  impact on  our community  and other  communities, all                                                               
fishery-dependent communities  in the Gulf  and the  Bering Sea."                                                               
Mr. Kelty continued:                                                                                                            
                                                                                                                                
     We  have no  state-water fishery  here in  Unalaska, so                                                                    
     our local-resident  small boats  that are  mostly under                                                                    
     60 feet,  there's no way they  can drive up to  Area 7,                                                                    
     which is north of Unimak  Island from Unalaska, to find                                                                    
     a  place  to  fish.   ...  Our  small-boat  fleet  will                                                                    
     basically be shut down.                                                                                                    
                                                                                                                                
     Our shoreside vessels are going  to be greatly impacted                                                                    
     by this.   The  reductions of area  ... are  worse than                                                                    
     what Judge Zilly  had in place in his  injunction.  And                                                                    
     this  is going  to lead  to problems  that we  saw last                                                                    
     year during the  "C and D" season here in  the fall, of                                                                    
     many days  where the  plants here  locally had  no fish                                                                    
     because  the vessels  were so  far  away, you  couldn't                                                                    
     keep a  rotation together. ... That  leads to increased                                                                    
     costs, product  problems - the  value of the  product -                                                                    
     because  ... you're  getting older  fish to  work with,                                                                    
     [resulting in  a] decreased  tax base.   It's  going to                                                                    
     cost jobs.  It's just a major problem.                                                                                     
                                                                                                                                
     Some of the other issues I  think we're going to see if                                                                    
     these restrictions go  in place later on  this year are                                                                    
     bycatch issues  and gear conflicts.   They have opening                                                                    
     dates for  June for trawling  in the Gulf  and trawling                                                                    
     in the Bering  Sea, when you have  ... salmon migrating                                                                    
     to other areas  of Western Alaska.  I can  see this ...                                                                    
     could  have some  major problems  [because of]  bycatch                                                                    
     and  gear   conflicts.  ...   I  would   encourage  the                                                                    
     committee to  approve this resolution  and move  it out                                                                    
     and get it to the floor.                                                                                                   
                                                                                                                                
Number 2534                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI commented  that a lot of people  think the impact                                                               
will  be largely  on  the  trawl fleet,  but  Dutch Harbor,  Sand                                                               
Point, and King  Cove have small-boat fisheries  included in this                                                               
restriction  due  to the  [biological  opinion]  saying that  the                                                               
small "footprint" of  pot boats and jig boats will  still have an                                                               
impact.  He asked whether that is correct.                                                                                      
                                                                                                                                
MR. KELTY  affirmed that.  He  said this takes in  all gear types                                                               
and vessel  sizes.  He  emphasized the  importance of cod.   With                                                               
the decline  of crab  stocks, a majority  of crabbers  there have                                                               
been involved  in pot cod  fishing and  will be "shoved  into the                                                               
same area where  trawlers are, in that one  critical habitat area                                                               
that's open  north of Unimak,  Area 7."   Having all  three gear-                                                               
types in that area will  cause major problems.  Furthermore, when                                                               
the only  industry in his  own community is affected,  there will                                                               
be  a trickle-down  effect to  support  businesses, schools,  and                                                               
government.     Mr.  Kelty  restated  his   appreciation  of  the                                                               
committee's  consideration of  this  resolution and  the show  of                                                               
support for Alaska's coastal communities.                                                                                       
                                                                                                                                
Number 2648                                                                                                                     
                                                                                                                                
JERRY  McCUNE, United  Fishermen  of Alaska,  came  forward.   He                                                               
stated:                                                                                                                         
                                                                                                                                
     One  thing   that  brought  this   all  about   is  the                                                                    
     litigation  from Greenpeace.   And  so whether  we have                                                                    
     [an]  answer  in  science  or  not,  it  still  can  be                                                                    
     challenged in  court. ... The  way the  ESA [Endangered                                                                    
     Species Act]  is written, I  could pretty much go  to a                                                                    
     bay  and say,  "I don't  see sea  otters anymore,"  and                                                                    
     file. ... I don't have  to have any scientific evidence                                                                    
     of that.   I can file on that; it  doesn't mean they'll                                                                    
     take that petition up, but they can.                                                                                       
                                                                                                                                
     And so that's part of  the problem that we're fighting,                                                                    
     too, ...  the way  the ESA  is written.   ...  It's not                                                                    
     [so] much  [the] intent [of] Congress  when [they wrote                                                                    
     about] how to  deal with these issues;  it's mostly the                                                                    
     environmental  groups [that]  are  dealing  with it  in                                                                    
     court.    If  they  don't agree  with  the  [biological                                                                    
     opinion] that NMFS comes out  with, or the science that                                                                    
     the scientists come  up with behind me,  here, they can                                                                    
     challenge it,  based on  I don't  know what,  because I                                                                    
     haven't seen  anything they based ...  their science on                                                                    
     yet.  So, that's the other equation in this thing.                                                                         
                                                                                                                                
     So, to come  out of the science and  not be challenged,                                                                    
     and be  able to put  the fishery  back on track  -- the                                                                    
     president of  the university laid  it out to  me pretty                                                                    
     good.   He said,  ... "The  question isn't  why they're                                                                    
     declining; the  question is  to find  out why  ... they                                                                    
     continue  to decline,  ... when  the ones  in Southeast                                                                    
     are bouncing back."                                                                                                        
                                                                                                                                
MR. McCUNE emphasized  that the questions behind  the reasons for                                                               
the decline,  including whether the  cause is the climate  or the                                                               
food, for  example, are still out  there.  He restated  that part                                                               
of the problem is that it is challenged in court.                                                                               
                                                                                                                                
Number 2740                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE  asked what  efforts  have  been made  to                                                               
approach either [U.S.] Senator  Murkowski, [U.S.] Senator Stevens                                                               
or Congressman  Young to introduce  legislation that  would fine-                                                               
tune the  ESA so that there  are some basic benchmarks  that must                                                               
be met before one can file litigation.                                                                                          
                                                                                                                                
MR. McCUNE replied, "We've tried it  a couple of times."  He said                                                               
it is  a formidable task  when opposing well-financed  people who                                                               
want to keep the  status quo.  Mr. McCune stated  that he takes a                                                               
"middle  of the  road" approach.   He  believes action  should be                                                               
taken if a  species is endangered, but does not  agree with using                                                               
an endangered  species to  stop timber cutting  or fishing.   Mr.                                                               
McCune   suggested  that   the  opportunity   to  challenge   the                                                               
legislation  successfully  may  exist  now, because  of  the  new                                                               
[federal] administration.   He's  heard [U.S.]  Senator Murkowski                                                               
speaking about  revisiting that  issue.   Even so,  it will  be a                                                               
huge fight.                                                                                                                     
                                                                                                                                
Number 2808                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE   clarified  that  she  believes   it  is                                                               
important  that  there be  balance,  and  endangered species  are                                                               
important  to protect.    Her concern,  however,  is that  "we're                                                               
going too far one  way or the other."  She said  that if this may                                                               
be used  as an abusive technique  to stall a process,  she thinks                                                               
that is wrong.  She restated the need for benchmarks.                                                                           
                                                                                                                                
Number 2832                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  said he has  heard that  this is not  a new                                                               
issue,  and that  [Steller sea  lions]  will move  to follow  the                                                               
food.                                                                                                                           
                                                                                                                                
MR. McCUNE said  he could only offer his own  experience.  In the                                                               
past  five  years,  he  has  seen many  changes  in  his  fishing                                                               
environment.   One  year, he  won't see  birds, and  then another                                                               
year he will see  more birds than ever.  He  referred to the diet                                                               
of the sea lions  and said he isn't convinced -  from what he has                                                               
read thus far from the scientists  - that their diet is the total                                                               
problem.   He said sea lions  come into the Copper  River for the                                                               
hooligan, then stick around for  the salmon, which they catch out                                                               
of  the nets;  then  they leave.   In  Prince  William Sound,  he                                                               
noted, a  lot of tags from  pups have been found  in orca whales;                                                               
what impact  that has, he isn't  sure.  He noted  that orcas have                                                               
also  learned how  to take  fish off  of longlines.   Mr.  McCune                                                               
stated his amazement at the many changes in the last 25 years.                                                                  
                                                                                                                                
Number 2915                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI asked  whether  anyone else  wished to  testify.                                                               
Hearing no response, he closed public testimony.                                                                                
                                                                                                                                
REPRESENTATIVE STEVENS offered  an amendment on page  3, line 15.                                                               
[The amendment  is not  on tape  at this  point but  was restated                                                               
later.]                                                                                                                         
                                                                                                                                
TAPE 01-13, SIDE B                                                                                                              
Number 2935                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA expressed  concern that  [the amendment]                                                               
might  [introduce  a  separate topic]  that  might  better  stand                                                               
alone; however, she indicated a  willingness to go along with the                                                               
consensus of the committee.                                                                                                     
                                                                                                                                
Number 2915                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS said  he  understood what  Representative                                                               
Kerttula was saying,  but noted that the title  of the resolution                                                               
is,  "Relating to  the  Management of  the  Bering Sea,  Aleutian                                                               
Islands,  and  Gulf  of  Alaska   Groundfish  Fisheries  and  the                                                               
Protection and Restoration of the Steller  Sea Lion."  He said an                                                               
amendment dealing with the research  on the Steller sea lion does                                                               
fit within the title.                                                                                                           
                                                                                                                                
REPRESENTATIVE KERTTULA indicated concurrence,  "if it's only the                                                               
movement  of the  people dealing  with  that issue;  but if  it's                                                               
dealing with  movement of  the whole  office," then  an amendment                                                               
would surely be needed.  She  liked the idea, she added, but just                                                               
was not sure it should be included in HJR 10.                                                                                   
                                                                                                                                
Number 2881                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS  said  to  that end,  he  would  offer  a                                                               
friendly amendment  to his own  amendment, saying,  "relocated to                                                               
Alaska Steller  sea lion  research to Alaska."   He  specified it                                                               
would read as  follows:  "amend to insert after  line 15, further                                                               
resolve that  the Alaska  State Legislature  respectfully request                                                               
the  National  Marine  Fisheries   Service  relocate  its  Alaska                                                               
Steller sea lion research to Alaska."                                                                                           
                                                                                                                                
Number 2825                                                                                                                     
                                                                                                                                
REPRESENTATIVE MASEK  asked whether  there is the  technology for                                                               
lab work set up  here in the state.  "Would we  be able to handle                                                               
it logistically?" she added.                                                                                                    
                                                                                                                                
REPRESENTATIVE  STEVENS  replied that  as  far  as he  knew,  the                                                               
answer  was  yes.     He  didn't  want  to   get  specific  about                                                               
communities because  it might appear  self-serving, but  he noted                                                               
that Kodiak has  a large facility, brand new, that  is 80 percent                                                               
occupied  by the  National Marine  Fisheries Service.   There  is                                                               
space available.   The University  of Alaska leases part  of that                                                               
[space], which they  are not using, and  [the University's leased                                                               
space] would  be available as well.   [Work also is  underway on]                                                               
developing  a  facility in  Juneau  where  there would  be  space                                                               
available in time.   In addition, there is a  facility in Seward.                                                               
He thought one  of the representatives from ADF&G  could speak to                                                               
the question more accurately than he could.                                                                                     
                                                                                                                                
Number 2769                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MASEK  noted  that  the word  "research"  in  the                                                               
amendment  could  mean  "just  about  anything,"  and  asked  for                                                               
clarification of the maker's intent in using that word.                                                                         
                                                                                                                                
Number 2748                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS replied:                                                                                                 
                                                                                                                                
     The intent  is the  biological research on  the Steller                                                                    
     sea lion,  what their diet  is, what their  habits are,                                                                    
     ... their  breeding, the pup  activity.  So I  think it                                                                    
     would [mean] the whole gamut  of biological research on                                                                    
     the Steller sea  lion.  I'm not  talking about economic                                                                    
     research   or  anything   like   that,  but   [research                                                                    
     specific] to the biological creature.                                                                                      
                                                                                                                                
Number 2728                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE said  she  liked the  idea, and  proposed                                                               
saying, "We  request that facilities  relating to  the management                                                               
of  the  Bering  Sea,  Aleutian   Islands,  and  Gulf  of  Alaska                                                               
groundfish fisheries  and the protection  and restoration  of the                                                               
sea lion be located in Alaska."   She said she thought that title                                                               
would be a little broader,  and explained, "You're looking at the                                                               
management of  the Bering Sea,  Aleutian Islands,  itself; you're                                                               
also  looking  at  groundfish  studies  that  might  directly  or                                                               
indirectly link into the Steller sea lion research."                                                                            
                                                                                                                                
REPRESENTATIVE McGUIRE  further suggested incorporating,  "just a                                                               
teeny  sentence about  policy,  about  why it  is  that we  think                                                               
that's  important;  that the  legislature  feels  that ...  being                                                               
closer  to the  region  about which  the  scientific studies  are                                                               
being conducted is in the  best interest of science, or something                                                               
like that."                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI  concurred  with Representative  Kerttula.    He                                                               
said,  "In all  due  respect  to the  attempt  at  a motion,"  he                                                               
thought  the motion  is  an amendment  that  warrants a  separate                                                               
resolution.    He  thought  the  idea of  moving  some  of  those                                                               
[research]  facilities to  where the  ongoing research  should be                                                               
was very justifiable.   He noted that sponsors had  gone over HJR
10 with ADF&G,  NMFS, and all industry.  To  now change the title                                                               
is certainly within  the purview of this body, but  a lot of work                                                               
has gone into  focusing this, particularly, on this  issue of the                                                               
Endangered Species  Act and the  ramifications it has.   While he                                                               
agreed with  the intent  of the  amendment, he  did not  think he                                                               
could support "getting too far off track on this."                                                                              
                                                                                                                                
Number 2599                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS observed  that he  had learned  something                                                               
and  believed that  a separate  resolution might  be better.   He                                                               
withdrew his amendment and indicated  his intention to write up a                                                               
separate resolution.                                                                                                            
                                                                                                                                
Number 2580                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA suggested that  he consider making that a                                                               
committee resolution.                                                                                                           
                                                                                                                                
REPRESENTATIVE STEVENS concurred.                                                                                               
                                                                                                                                
REPRESENTATIVE  McGUIRE suggested  the  House Resources  Standing                                                               
Committee  consider broadening  it beyond  just Steller  sea lion                                                               
research.                                                                                                                       
                                                                                                                                
Number 2531                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE  moved  to   report  CSHJR  10(FSH)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHJR  10(FSH)  was                                                               
reported out of the House Resources Standing Committee.                                                                         
                                                                                                                                

Document Name Date/Time Subjects