Legislature(2023 - 2024)BUTROVICH 205
04/21/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB82 | |
| SB68 | |
| SB48 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 68 | TELECONFERENCED | |
| += | SB 82 | TELECONFERENCED | |
| += | SB 48 | TELECONFERENCED | |
SB 82-COOK INLET: NEW ADMIN AREA;PERMIT BUYBACK
3:34:54 PM
CO-CHAIR BISHOP announced the consideration of SENATE BILL NO.
82 "An Act relating to the powers of the Alaska Commercial
Fisheries Entry Commission; relating to administrative areas for
regulation of certain commercial setnet entry permits;
establishing a buy-back program for certain setnet entry
permits; providing for the termination of state setnet tract
leases under the buy-back program; closing certain water to
commercial fishing; and providing for an effective date."
CO-CHAIR BISHOP noted that this was the second hearing and the
committee would hear invited testimony from Ken Coleman.
3:35:21 PM
KEN COLEMAN, President, Eastside Consolidation Association
(ECA), Kenai, Alaska, explained that ECA is a nonprofit that was
formed about six years ago to effect a change in setnet permits
on the east side of Cook Inlet through a voluntary gear buyback
program. Cook Inlet has five setnet districts and current law
does not permit an optimization program for just one district.
It would apply throughout Cook Inlet, not just the east side. SB
82 presents a solution to segregate the east side.
3:38:22 PM
MR. COLEMAN began the presentation on SB 82 by discussing the
following goals:
• Reduce the number of setnet permits and nets on
the Eastside of Cook Inlet
• An economically viable and sustainable setnet
fishery
• Sustainable escapements into our rivers
• Reasonable harvest opportunity for ALL user
groups
• Work Collaboratively in Upper Cook Inlet for the
FISH
• Passage of SB 82: Cook Inlet: New Admin Area:
Permit Buyback and Gear Reduction Act
CO-CHAIR BISHOP asked the sponsor to introduce himself.
3:39:24 PM
SENATOR JESSE BJORKMAN, District D, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 82, introduced himself.
3:39:54 PM
MR. COLMAN continued to slide 3 to describe the Eastside
Consolidation Association. The slide read as follows:
The Eastside Consolidation Association. Who are we?
The Eastside Consolidation Association (ECA) is a
Qualified Salmon Fishery Association as identified in
AS 16.40.250.
The ECA was formed as a non-profit and is licensed by
the State of Alaska as required by AS 10.20, in
addition is registered with the federal and the
Internal Revenue Code as a Section 501(c)(5) non-
profit.
ECA was formed to promote the consolidation of the
Cook Inlet setnet fishery, primarily by fleet
reduction through buyback of permits and locations.
Further, our position is that such reduction occurs in
the Upper Subdistrict of the Central District,
commonly known as the "Eastside Setnet Fishery".
Our Board of Directors is comprised of limited entry
permit holders as required.
MR. COLMAN continued to slide 4 that has family pictures and the
following description:
WE ARE EASTSIDE SETNETTERS
We are fathers and mothers, we are grandparents, we
are children, sons and daughters, we are families. We
are a community filled with generations of setnetting
families. We are an important part of our local
history. Setnetting is not just a job to us.
Setnetting defines us, it is who we are.
3:40:58 PM
MR. COLMAN advanced to slide 5," EASTSIDE SETNET HISTORY," and
spoke to the following:
For over 150 years these salmon have been feeding
people both locally and all over the world. This rich,
renewable resource was first exported in the 1840s
when ships from America and other nations began
fishing in Alaskan waters and delivering salted salmon
to ports around the world.
The first cannery in Cook Inlet was built at the mouth
of the Kasilof River in 1882. Six years later the
first salmon cannery was constructed on Kenai River.
By 1892, thirty-seven canneries had been built in
Alaska.
Gillnets had been used to some degree in the silty
waters of Cook Inlet from the beginning. Setnetters
fished between traps in the early days. After fish
traps were outlawed, independent fishermen continued
to catch salmon with gillnets to be sold at the
canneries.
3:41:29 PM
MR. COLMAN advanced to slide 6, "UPPER COOK INLET SETNET AREA."
The graphic on the left identifies the eastside as Boulder Point
on the northern end and down the beach about 60 miles to
Ninilchik on the southern end. North of the Kenai River nets can
be put out one nautical mile from the beach; south of the river
nets can be put out 1.5 nautical miles. He reviewed the
following data on the right side of the slide:
• 736 Setnet permits in Upper Cook Inlet
• 5 districts:
• Northern District
• Kalgin Island District
• Western District
• Southern District
• Central District Upper (Eastside)
• The Eastside spans approximately 60 miles and is
home to the two most popular rivers in the State
of Alaska: The Kenai and Kasilof Rivers.
• The Cook Inlet fleet reduction opportunity will
only be available to the Eastside setnet fishery.
3:43:16 PM
MR. COLMAN skipped to slide 8, "1984 "PERMIT MIGRATION TO THE
EASTSIDE," and spoke to the following:
In the mid to late 1980s, after record breaking
sockeye runs to the Kenai and Kasilof Rivers, there
was a mass movement of Cook Inlet setnet permits to
the Eastside from other Cook Inlet districts.
Setnetters at that time were looking for more
lucrative fishing and processing capability. A Cook
Inlet permit allows a permittee to move anywhere in
Cook Inlet making the migration legal. However, in the
upper subdistrict known as the Eastside Setnet site,
the permittee is required to register their intent to
fish a specific statistical area.
Although the total number of permits in Cook Inlet
have not changed, the migration to the Eastside
doubled the number of nets fishing around the Kenai
and Kasilof Rivers.
3:44:48 PM
MR. COLMAN advanced to slide 9, MECHANISM FOR REDUCING PERMITS &
CLOSING WATERS." He stated that there was fish for all parties
and enhancement became a thing of the past. Runs weren't as
robust, there were more sport and personal use fishers and the
world got a little smaller for setnetters. Everybody was
competing for the same resource and it became apparent that
change was warranted. The following is a potential solution to
increase financial viability to the fishery:
SB 82 Cook Inlet: New Admin Area: Permit Buyback and
Gear Reduction Act
"An Act relating to the powers of the Alaska
Commercial Fisheries Entry Commission; relating to
administrative areas for regulation of certain
commercial setnet entry permits; establishing a buy-
back program for certain setnet entry permits;
providing for the termination of state setnet tract
leases under the buy-back program; closing certain
water to commercial fishing; and providing for an
effective date."
3:47:01 PM
MR. COLMAN displayed slide 10, "Reducing Permits," and spoke to
the following:
• 736 Cook Inlet Permits
• 440 permits registered to the Eastside (2022
Season)
• Senate Bill 82 currently proposes to remove 200
or more Eastside permits
• 440 permits = 1,320 nets on the Eastside today
• 200 permits = 600 nets on the Eastside removed
• After fleet reduction: some 240 permits or less =
720 Eastside nets or less could remain
MR. COLEMAN noted that the language in the bill says 200 or more
permits may leave, but at this point the request is for 200
permits to leave the fishery voluntarily.
3:48:40 PM
MR. COLEMAN advanced to slide 11, "CLOSING WATERS-REMOVING
NETS," and spoke to the following:
• Roughly 44% of fishing permits in Cook Inlet have
leases assigned to them
• A lease is not mandatory to setnet in Cook Inlet
• The most crucial element of SB 82 is closing
vacated tideland waters on the Eastside
If a setnetter voluntarily decides to participate in
the gear reduction program that SB 82 creates, the
immediate tideland area associated with their permit
will be retired. It is important to note that without
the closure of the associated immediate tideland area,
the result could be a re-migration into vacated net
locations. It is important that there be no re-
migration or backfill of permits and nets into the
retired net locations. Without the "closed water"
feature of SB 82, it would result in a repeat of the
1980's migration and the diluting of the financial
prospects and stability for setnetters who remain
3:49:41 PM
MR. COLEMAN advanced to slide 12, "VOLUNTARY REDUCTION APPROVED
BY FLEET," and spoke to the following:
In 2021, former Senator Micciche conducted a survey of
the registered permit holders in the Eastside Setnet
fleet. 56% (229) responded to the following question:
1. Do you support the concept of voluntary fleet
reduction program for the Cook Inlet setnet
fishery that would cost nothing to those who do
not participate and remain fishing?
An astounding 92.4% responded that they were in
support
MR. COLEMAN underscored that the bill does not ask for any state
funds for the buyback.
MR. COLEMAN advanced to slide 13, "ESTIMATED VALUE," and spoke
to the following:
When a setnet permit and the accompanying tidal areas
are retired, the result is a small business that will
be retired forever.
The estimated value of $260,000 was determined by
taking the average earnings of a setnet permit each
year over the prior ten years. Equivalent to an
average of $20,000 per year, per permit. Adding a
number for tax implications, if volunteer
participating fishermen are included in a buyback
program, they would exit the fishery with a $200,000
sale for a small business that in many cases has been
in existence for generations.
The remaining permits will gain value and will have a
higher price point in their gross earnings per year.
3:52:15 PM
MR. COLEMAN advanced to slide 14, "REDUCTION IN SETNET PERMITS,"
and conveyed the following:
For 46 years Upper Cook Inlet Setnet permits have seen
a decrease from 746 to 736 permits today. 84% of those
permits are owned by Alaska residents.
As a setnet permit is retired, three nets will be
permanently removed from the waters on the Eastside of
Cook Inlet.
As a result, a higher percentage of the available fish
on a certain day may be harvested by the remaining
sites, yet will provide a higher percentage of fish
moving to the rivers overall. Reducing the nets by 600
will result in a Chinook and Sockeye harvest savings.
SB 82 is the mechanism moving forward to provide the
Eastside setnet fleet the opportunity and the
capability of harvesting sockeye while reducing the
harvest of non-targeted Chinook salmon in accordance
with current regulations.
3:53:43 PM
MR. COLEMAN continued to slide 15, "Fighting to remain viable -
ESSN Sockeye Harvest." The chart shows the steady decline in the
commercial harvest of sockeye salmon in the East Side Setnet
fishery from 1990 through 2021. He highlighted that the people
who are volunteering for the buyback want to continue to fish,
but in a different area.
3:54:07 PM
MR. COLEMAN advanced to slide 16, "FUTURE GENERATIONS," and
spoke to the following:
The Cook Inlet Eastside Setnet fleet reduction will
work to ensure a sustainable and financially stable
setnet fishery that will be around for future
generations.
We will continue to work with In - River user groups
to ensure that the fish entering the rivers are
harvested responsibly and sustainably.
Healthy limits on every user group will ensure there
will be healthy sustainable fisheries for generations
to come. By forming partnerships between user groups
through open dialog and collaboration, we can protect
our resource while enjoying its many benefits well
into the future.
MR. COLEMAN continued to slide 17, "COLLABORATION BY USERS," and
spoke to the following:
• Cook Inlet setnet permits have decreased in the
past 46 years. An Eastside setnet fleet reduction
will be a start to the solution.
• The Kenai River is home to the largest dipnet
fishery in the State of Alaska. This fishery has
increased in participation in the last 20 years.
Eastside setnetters will continue to work with
the Board of Fisheries to ensure healthy returns
are achieved to maximize harvestable surplus.
• The Kenai River In-river Sport fishery has
increased in the last 20 years. Eastside
setnetters look forward to working with In-River
user groups to ensure healthy, strong and
sustainable runs.
• Eastside setnetters will step forward to work
collaboratively to repair the contentious
environment that surrounds Upper Cook Inlet
Fisheries. We look forward to other users joining
the conversation. The next generation and our
State of Alaska deserve respectful dialog in the
search for collaborative solutions.
3:55:31 PM
MR. COLEMAN displayed slide 18, "Letter to Erin" from Meezie
Hermansen and posited that it would pull on members'
heartstrings if they took the time to read it. The letter read
as follows:
I have fished every Upper Cook Inlet salmon season of
my life. Forty-five years, minus however long I was in
diapers. I have never lived without fishing. I have
never lived without fish.
Seasons have been bountiful. Nets sunk. Fighting
against wind and tide and regulations to get our gear
in on time. Long hours spent bent over picking sockeye
after sockeye until my hands were sore, my back was
sore, my being was sore and I smiled. It was the
best kind of sore. Seasons have been bleak. Waterhauls
and a narrative running from, "it's still early," to
"everything is running late this year," to "well,
there's always next year."
Good years or bad, it has all been satisfying. Fishing
is not just something I do, it is who I am. It is my
passion. And my identity. Political pressures grew
along with the population. Our voice doesn't carry.
What does this one little fishery matter? But to those
of us who grew up in it, those whose families have
fished these beaches since the Territorial days of
Alaska, it seems like everything.
Most of us work other jobs in the off-season. I strove
to become a veterinarian, and it is a profession I am
extremely proud of. I love my work, yet here is the
difference. I became a veterinarian. I was born a
fisherman. People ask what it is like, being a woman
commercial fisherman. I tell them I don't know. I am
not trying to be cryptic; the truth is, I knew I was a
fisherman before I knew I was a woman.
I am not naive. I see the handwriting on the wall. One
of these days, my fishery will merely be a small
anecdote in Alaskan history. My most terrifying day of
fishing hasn't happened yet. But I fear it is close.
The day they close our fishery, the day I have to
figure out who I am when I am not a fisherman? That
will be my most terrifying day.
3:55:56 PM
CO-CHAIR BISHOP asked the sponsor if he had any comments.
SENATOR BJORKMAN reminded the committee and public that the
setnet buyback proposed in SB 82 is optional for the fishermen
in the Cook Inlet East Side Setnet fishery. The funding to
purchase the permits will come from non-governmental
organizations (NGOs) or federal grants from organizations like
the National Oceanic and Atmospheric Administration (NOAA). The
bill and program will not have a negative impact on the state
treasury. He noted that conservation issues regarding Chinook
salmon in the Kenai River and allocative decisions by the Board
of Fisheries in managing populations of king and sockeye salmon
on the east side of Cook Inlet have caused economic troubles for
this fishery. SB 82 can relieve some of those troubles and put
the fishery back on an economically viable track.
CO-CHAIR BISHOP commented that something about fish generates a
lot of interest.
3:58:18 PM
CO-CHAIR BISHOP opened public testimony on SB 82.
3:58:32 PM
PAT ZURFLUH, representing self, Scottsdale, Arizona, stated that
he had been a setnetter in the upper Cook Inlet south of the
Kenai River for 45 years. He has a small operation and he can't
make any money fishing one or two days a season. He stated
support for the buyback proposed in SB 82.
3:59:25 PM
JOANN WITHERS, representing self, Alaska, stated support for SB
82. She and her family own five setnet permits in Cook Inlet and
she's been fishing with family for more than 36 years. It's a
good way of life that contributes to feeding the world, provides
income for the family, and supports the Kenai Peninsula. The
buyback program is a way for this fishery to survive. A
reduction in the setnet fleet and the closing of those waters to
commercial fishing will enhance the Kenai River, improve the
opportunities for in-river fishing, and give commercial
fishermen more fishing time.
4:00:45 PM
RUSSEL CLARK, representing self, Kenai, Alaska, stated that he
and his family have fished Cook Inlet for more than 20 years and
he sees SB 82 as a win-win. It will bring money into the
community and help stabilize a fishery that is in dire need of
help. It will provide an opportunity for some fishermen to
retire, which will help the fishermen that are left. It's a
benefit to both. He stated support for SB 82.
4:02:25 PM
GARY HOLLIER, representing self, Kenai, Alaska, stated that he
has been setnet fishing on the east side of Cook Inlet for 52
years. He is an original limited entry permit holder and his
family now has a nine-permit operation. He related that he runs
a buying station and a survey of 48 permit holders found that
they were all in support of this buyback; 32 permit holders
indicated they would volunteer to participate. He opined that SB
82 will be good for the entire fishery - commercial, personal
use, and sport. The remaining fishers may catch more fish but a
vast majority will make it into the river and ameliorate some of
the problems on the Kenai River. He highlighted that 82 percent
of setnetters are Alaska residents and the program proposes to
use no state money. He said the bill has been before the
legislature for the last four years and he finds it appalling
that it hasn't made it out of Senate Finance. He underscored
that SB 82 is a win-win for all parties and urged its passage.
4:04:48 PM
GEORGE TOWNSEND, representing self, Kenai, Alaska, stated that
he has commercial fished since age 18 and setnet fished in
Kasilof since 1984. He opined that the East Side Buyback Program
is the only thing that makes sense for the future. Fewer nets in
the water will help make the fishery profitable again. He
thanked everyone who had worked to push SB 82 forward.
4:05:50 PM
JOHN MANLEY, representing self, Kenai, Alaska, stated that he
had commercial fished for a long time. Importantly, and like
most setnetters, he lives in the area. He agreed with the
previous testimony that SB 82 is a win-win for all parties. He
too does not understand why it hasn't passed in previous years.
4:06:19 PM
BRUCE MANLEY, representing self, Kasilof, Alaska, stated that he
had fished as a permit holder since 1975 and he completely
supports SB 82. He thanked Senator Bjorkman for sponsoring the
bill and Mr. Coleman for his time advocating for the
legislation.
4:07:09 PM
LISA GABRIEL, representing self, Kenai, Alaska, stated support
for SB 82. She and her husband have owned and operated a family
setnet site on Kalifornsky Beach since 1987. Their children,
grandchildren, and her parents are part of the operation. Each
member, regardless of age, has a purpose and value on the family
beach site. East Side setnet fishing has declined dramatically
over the last 30 years. The increased pressure on all salmon
species by all users has landed setnet fishermen on the beach
for much of the fishing season. She and her husband are the
stewards of the number 1 and number 2 shore fishery leases in
Cook Inlet. These legacy sites have survived since Territorial
Days. They hope to return them to the productive sites they were
in the past but this year they face full closure. This is not
because of the decline in the sockeye run but because their nets
might catch a king salmon. She described the situation as dire
and opined that SB 82 is the solution to return financial
viability and fishing opportunities to the historic east side
setnet fishery. She recapped what the bill proposes to do and
thanked Senator Bjorkman for introducing it.
4:09:51 PM
MARILYNN KEENER, representing self, Kenai, Alaska, stated that
she and her husband raised their children as fourth generation
east side setnet fishermen, and they all support SB 82.
4:10:15 PM
RANDY MEIER, representing self, Kasilof, Alaska, stated that he
and his family have a setnet site and have fished on the east
side at Kasilof since 1995. On behalf of his family and himself,
he stated 100 percent support for SB 82. It will be good for the
commercial fishermen who remain in the fishery and for the sport
fishermen in the area. He described SB 82 as good for the entire
Cook Inlet fishery.
4:11:06 PM
JEFF BEAUDOIN, representing self, Kasigluk, Alaska, [testimony
indiscernible.]
4:11:43 PM
At ease
4:11:53 PM
CO-CHAIR BISHOP reconvened the meeting and asked Mr. Beaudoin to
try again.
4:12:20 PM
JEFF BEAUDOIN, representing self, Kasigluk, Alaska, stated
opposition to SB 82 as currently written. He talked about the
Kasilof River sockeye escapement goals that have been exceeded
for many years. He reported that 1 million sockeye and 34 king
salmon went up the river last year. He called this gross over
escapement. He maintained that the bill violates the Commercial
Fisheries Entry Commission (CFEC) limited-entry permits issuance
in 1975, the Alaska Department of Fish and Game's (ADF&G) goal
of maximum sustainable yield, and federal law. He emphasized
that the reduction of gear would cause the escapement goals in
regulation to be grossly exceeded without generating any
economic purpose.
CO-CHAIR BISHOP asked him to send his full testimony to the
Resources Committee.
4:16:58 PM
CO-CHAIR BISHOP closed public testimony on SB 82 and held the
bill in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 82 Fiscal Note ADFG - Commercial Fisheries Entry Commission 04.20.23.pdf |
SRES 4/21/2023 3:30:00 PM |
SB 82 |
| SB 82 Presentation Eastside Consolidation Association 04.21.23.pdf |
SRES 4/21/2023 3:30:00 PM |
SB 82 |
| SB 68 Fiscal Note DEC 04.19.23.pdf |
SRES 4/21/2023 3:30:00 PM |
SB 68 |
| SB 48 Supporting Document -Carbon aboveground v. underground.pdf |
SRES 4/21/2023 3:30:00 PM |
SB 48 |
| SB 48 Public Testimony through 4.20.23.pdf |
SRES 4/21/2023 3:30:00 PM |
SB 48 |
| SB 82 Public Testimony through 04.21.23.pdf |
SRES 4/21/2023 3:30:00 PM |
SB 82 |