Legislature(1997 - 1998)

04/07/1997 05:01 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE SPECIAL COMMITTEE ON FISHERIES                             
                         April 7, 1997                                         
                           5:01 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Alan Austerman, Chairman                                       
 Representative Ivan Ivan, Vice Chairman                                       
 Representative Scott Ogan                                                     
 Representative Mark Hodgins                                                   
 Representative Gene Kubina                                                    
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 CONFIRMATION HEARINGS ON THE GOVERNOR'S APPOINTMENTS TO:                      
 Board of Fisheries                                                            
                                                                               
         Larry J. Engel                                                        
         Robert Dersham                                                        
                                                                               
      -  CONFIRMATIONS ADVANCED                                                
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 No previous action to record                                                  
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 LARRY ENGEL, Appointee                                                        
 Alaska Board of Fisheries                                                     
 P.O. Box 197                                                                  
 Palmer, Alaska  99645                                                         
 Telephone:  (907) 745-4132                                                    
 POSITION STATEMENT:  Testified regarding his appointment to the               
                      Board of Fisheries.                                      
                                                                               
 ED DERSHAM, Appointee                                                         
 Alaska Board of Fisheries                                                     
 P.O. Box 537                                                                  
 Anchor Point, Homer  99556                                                    
 Telephone:  (907) 235-5555                                                    
 POSITION STATEMENT:  Testified regarding his appointment to the               
                      Board of Fisheries.                                      
                                                                               
 DALE BONDURANT                                                                
 HC 1 Box 1197                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-0818                                                    
 POSITION STATEMENT:  Testified in support of both appointees for              
                      confirmation.                                            
                                                                               
 REPRESENTATIVE GAIL PHILLIPS                                                  
 Alaska State Legislature                                                      
 Capitol Building, Room 208                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-2689                                                    
 POSITION STATEMENT:  Testified in support of Ed Dersham's                     
                      appointment to the Board of Fisheries.                   
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-16, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CHAIRMAN ALAN AUSTERMAN called the House Special Committee on                 
 Fisheries meeting to order at 5:01 p.m.  Members present at the               
 call to order were Representatives Austerman, Ivan, Ogan and                  
 Hodgins.  Representative Kubina arrived at 5:10 p.m.                          
                                                                               
 CONFIRMATION HEARING:  LARRY ENGEL, BOARD OF FISHERIES                      
                                                                               
 Number 029                                                                    
                                                                               
 CHAIRMAN AUSTERMAN announced the committee would hear confirmation            
 hearings on two appointees to the Board of Fisheries, Mr. Larry               
 Engel and Mr. Ed Dersham.                                                     
                                                                               
 Number 098                                                                    
                                                                               
 LARRY ENGEL, Appointee, Alaska Board of Fisheries, testified via              
 teleconference from Matsu, stated that he was born and raised in              
 Washington.  He was a crew member in his families commercial                  
 fishing business.  He has lived in Alaska since 1958.  He stated              
 that in 1958, he was stationed in the Navy, in Kodiak and had his             
 first involvement with the Territorial Department of Fisheries, as            
 the base wildlife liaison.  In 1960 he started to work for the                
 Department of Fish and Game until 1992 when he retired.  After that           
 he worked part time via a professional business agreement with the            
 borough on fisheries matters in the Matsu valley.  He stated he was           
 appointed to the Board of Fisheries in 1994 by Governor Hickel, and           
 served his three year term as chairman of the Board of Fisheries.             
                                                                               
 Number 259                                                                    
                                                                               
 MR. ENGEL stated his reason for wanting to serve on the Board of              
 Fisheries is because the fisheries has been a part of his life for            
 over 30 years.  It has been good to him, and he has the time now to           
 give back, in a voluntary capacity, what he has received from the             
 fisheries.  He believes that he has the skills, ability, interest,            
 desire and knowledge, to serve intelligently on the Board of                  
 Fisheries and make the difficult, but reasoned unbiased decisions.            
 He felt that his record reflects that he has done this over the               
 past three years.  He stated that he has probably made decisions on           
 over 1,000 fisheries proposals during the three years and has spent           
 more than 200 days in session.  He stated that he has traveled                
 throughout the state, to the Yukon River and the Kuskokwim River to           
 become familiar with the commercial and subsistence fisheries, to             
 Bristol Bay during the peak of their fishery and made contacts with           
 at least a half of dozen fish processing owners and plants.  He               
 stated that he has been to the Copper River to become familiar with           
 the personal use fisheries, has made numerous trips to the Kenai              
 Peninsula to observe that fishery and to the Alaska Peninsula, to             
 places like King Cove, Sand Point, False Pass to discuss fisheries            
 issues with the residents.  He stated that these are examples of              
 his desire to do a good job.                                                  
                                                                               
 Number 459                                                                    
                                                                               
 REPRESENTATIVE MARK HODGINS asked how he would balance the                    
 commercial fishing verses the sport fishing on the Kenai Peninsula,           
 Cook Inlet.                                                                   
                                                                               
 Number 487                                                                    
                                                                               
 MR. ENGEL replied that he doesn't know that he could balance them             
 but he does know how he deals with those issues, in a reasoned and            
 fair manner, to make allocation decisions, which are the hard                 
 decisions to make.  He stated that conservation decisions are very            
 easy to make if you have sufficient information to make those                 
 judgements.  He stated that he thinks Representative Hodgins is               
 talking about allocation which is an issue in the fisheries                   
 business that evolves through time, there are changes, different              
 gear types and other users such as subsistence.  He stated that to            
 deal fairly and realize that times change, is what he attempts to             
 do.  By listening to the concerns of the various user groups in the           
 Cook Inlet areas, as well as else where in the state and to take              
 those concerns very seriously and then try to deal fairly in that             
 regulatory process with those concerns.                                       
                                                                               
 Number 514                                                                    
                                                                               
 REPRESENTATIVE HODGINS asked how long he has been on the Board of             
 Fisheries.                                                                    
                                                                               
 Number 585                                                                    
                                                                               
 MR. ENGEL replied that he has served one term, he was appointed in            
 February 1994, by Governor Hickel.                                            
 Number 602                                                                    
                                                                               
 CHAIRMAN AUSTERMAN noted for the record that Representative Kubina            
 was present.                                                                  
                                                                               
 Number 602                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN stated that the trawlers in the Bering              
 Sea routinely have the bar coded tags taken off the King Salmon on            
 the by-catch, but nothing is being done with those to put them                
 together in any kind of comprehensive study with the by-catches and           
 the origin of the by-catch.  He asked if his appointment was                  
 confirmed, would he be willing to take a look at the information to           
 see if it could be made available to get a better handle on                   
 possible impact on some of the King Salmon fisheries in Cook Inlet.           
                                                                               
 Number 661                                                                    
                                                                               
 MR. ENGEL responded that the answer is yes.  He stated that he                
 would extend it even further than just Cook Inlet.  There are some            
 genuine concerns with the by-catch of King Salmon in the Bering Sea           
 relative to places like the Yukon River and Kuskokwim River, big              
 King Salmon producers.  He stated that we are taking certain steps            
 in that regard and that the management of those Bering Sea                    
 Fisheries fall under the North Pacific Fisheries Management Council           
 and anything outside the three-mile limit of the state, fall for              
 the most part, in their jurisdiction.  He stated that the Board of            
 Fisheries has recently met with the North Pacific Management                  
 Council and the Board of Fisheries has developed a committee of               
 Board of Fisheries members to meet with three members from the                
 council to look at issues, such as the King Salmon by-catch.  There           
 are a number of issues that we have mutual dealings with and                  
 concerns with.  It is very healthy that we are working together and           
 sharing information and analyzing the results.  He stated that he             
 is on the Board of Fisheries side of that committee that works with           
 the North Pacific Fisheries Management Council.                               
                                                                               
 Number 758                                                                    
                                                                               
 REPRESENTATIVE OGAN asked if Mr. Engel was aware that the                     
 information was being collected but not being utilized.                       
                                                                               
 Number 467                                                                    
                                                                               
 MR. ENGEL replied that he is aware of it and it is a real sore spot           
 with him.  He stated that he has attended a number of North Pacific           
 Fisheries Council meetings as an observer and at times as a                   
 representative of the Board of Fisheries.  He stated that the Board           
 of Fisheries has sent a resolution of concern to the North Pacific            
 Fisheries Council regarding the salmon by-catch.  He stated that              
 chum salmon is also a by-catch in the Bering Sea.                             
                                                                               
 Number 790                                                                    
                                                                               
 REPRESENTATIVE OGAN asked if his understanding was correct that the           
 Board of Fisheries did nothing about the possible commercial                  
 exploitation of sport caught fish by out of state residents with              
 R/V's.                                                                        
                                                                               
 Number 815                                                                    
                                                                               
 MR. ENGEL replied that it is partially correct.  In the Board of              
 Fisheries meeting in Ketchikan, a month ago, they did develop a               
 seasonal bag limit for non-residents only.  He stated that the                
 Board had the same opportunity to do that for the Sockeye Salmon in           
 the Kenai Peninsula and the board deferred action on that until               
 next year, when it can be looked at in a more comprehensive manner            
 for the entire state.                                                         
                                                                               
 CHAIRMAN AUSTERMAN noted for the record that Representative Gail              
 Phillips joined the committee.                                                
                                                                               
 Number 895                                                                    
                                                                               
 REPRESENTATIVE GENE KUBINA stated that he witnessed Mr. Engel                 
 conducting the Board of Fisheries meetings in Cordova and thought             
 he did a very good job.  His constituents were pleased and felt               
 that they were heard.  He stated that the board spent hours and               
 hours allowing the public to have the input.  He stated that there            
 was some controversy on where that meeting should be and the                  
 chairman made the decision to have a day of hearings in Fairbanks,            
 a day in Glennallen and then had the full board meeting in Cordova.           
 He stated that over all in his district, on all sides of the issue,           
 Mr. Engel has been viewed very positively.                                    
                                                                               
 Number 997                                                                    
                                                                               
 REPRESENTATIVE IVAN IVAN stated that in lower Kuskokwim, Bristol              
 Bay, there is always an argument with False Pass on the                       
 interception of chums.  He asked if he has had to make decisions on           
 the issue.                                                                    
                                                                               
 Number 1041                                                                   
                                                                               
 MR. ENGEL replied that this is probably one of the most complex and           
 difficult issues facing the Board of Fisheries which is the                   
 interception of salmon in False Pass, the South Peninsula area and            
 how that interception impacts other areas in Western Alaska.  He              
 stated that since he has been on the board he has taken many steps            
 to try and reduce that interception.  He stated that formally the             
 people in the False Pass area fished during the entire month of               
 June and July, the season ending in the fall, currently, they can             
 only fish two weeks.  The board has taken steps to balance out the            
 needs of those people out there because their livelihood is almost            
 totally dependent on the fishery wildlife resources as there are              
 not many other opportunities for income.  He stated that                      
 unfortunately there is not a great deal of information to make the            
 types of decisions that we would like to make out there.  He stated           
 that it is the Board of Fisheries number one research demand or               
 request, to the Department of Fish and Game, to give us a better              
 understanding of what stalks the fish, when, where and the time of            
 the passage of that area.  He stated that there is progress in that           
 regard, the board has information on Genetic Stock Identification             
 (GSI),  where the fish caught in the False Pass Area can be                   
 identified as to where they are going.  He stated that he has been            
 very conservative with the restrictions because those decisions               
 have had to be made on fairly scant information.  He stated that              
 subsistence needs in Western Alaska are of extreme importance and             
 it has been a driving force on his part to make some of the                   
 restrictions in that area even though he did not have all the                 
 information he would have liked, to have to make those informed               
 decisions.                                                                    
                                                                               
 Number 1203                                                                   
                                                                               
 REPRESENTATIVE IVAN stated that he would be interested if he could            
 identify some of the shortcomings in the data from the Department             
 of Fish and Game and if he could send that information.                       
                                                                               
 Number 1223                                                                   
                                                                               
 MR. ENGEL stated that he would be happy to do so.                             
                                                                               
 Number 1239                                                                   
                                                                               
 REPRESENTATIVE OGAN asked if Mr. Engel was aware that the wire-               
 coding in the Deshka River was a dismal failure.                              
                                                                               
 Number 1254                                                                   
                                                                               
 MR. ENGEL replied that it has been a dismal failure.  They have               
 been unable to catch a significant number of fish, as it takes a              
 lot of young fish to be wire-coded, to get the types of information           
 they need when they later return as adults.  He stated that he is             
 pleased that the Department is continuing that program with the               
 hatchery fish and there is a large number of fish tagged in the               
 Willow Creek area and elsewhere in Cook Inlet.  He stated that                
 hopefully, with the by-catch information a understanding of the               
 distribution of these fish in the Cook Inlet areas can make an                
 informed decision.  He stated that right now there is a blank as to           
 the migration patterns, particularly in Cook Inlet, where the fish            
 are rearing out and susceptible to harvest.                                   
                                                                               
 Number 1299                                                                   
                                                                               
 REPRESENTATIVE OGAN stated that he just recently found out that it            
 was a failure and has been waiting for the data to settle the                 
 disputes particularly in the area of the by-catch in the Shelikof             
 Straights.  He asked if it was feasible to do an enhancement                  
 project with King Salmon in the Deshka River.                                 
                                                                               
 Number 1331                                                                   
                                                                               
 MR. ENGEL stated that it was possible but we need to figure out               
 what is causing the problem before we invest a lot of money in                
 hatcheries.  Four or five years ago the run was extremely healthy             
 and all of a sudden it has gone sick.  He stated that we need to              
 identify what the factors are, rather than pouring a lot of                   
 hatchery money into it.                                                       
                                                                               
 REPRESENTATIVE OGAN suggested that he would gladly pay $10 for the            
 King Salmon tag and with the support of the Board of Fisheries, if            
 there would be some enhancement of the Deshka River.  He stated               
 that wire-coded fish can be put in there to figure out the dispute            
 of where the fish are being intercepted.                                      
                                                                               
 Number 1405                                                                   
                                                                               
 MR. ENGEL replied that it would be one of the ways to find the                
 information needed, by looking at the hatchery fish as a research             
 vehicle and would concur with something like that.  He stated he              
 did go over to the Deshka River to visit the camps and look at the            
 trapping devices.  He felt the Department of Fish and Game's                  
 frustration of not being able to catch the fish.  He stated that he           
 was aware of this right from the start of the project.                        
                                                                               
 REPRESENTATIVE OGAN stated that he wished he was.                             
                                                                               
 Number 1464                                                                   
                                                                               
 ED DERSHAM, Appointee, Alaska Board of Fisheries, testified via               
 teleconference from Homer, that he was from western Oregon,                   
 graduated from the University of Oregon, spent 15 years working for           
 the U.S. Department of Justice and retired in 1984.  He stated that           
 he was also a part-time sport fish guide in Alaska on the Deshka              
 River from 1977 to 1984.  He stated since that time he and his wife           
 have owned and operated a sport fishing lodge out of Anchor Point.            
 The fishing takes place on the lower east side of Cook Inlet, he              
 stated that we take fishermen out for King Salmon, Silver Salmon              
 and halibut.  He stated that he is a past president of the Anchor             
 Point Charter Association and the South Peninsula Sportsmen's                 
 Association and have worked quite a bit in joint efforts with                 
 commercial fishermen in the lower Cook Inlet area.                            
                                                                               
 Number 1567                                                                   
                                                                               
 MR. DERSHAM stated that his reason for wanting to be on the Board             
 of Fisheries, is because he has been involved in fishing all his              
 life and he has a desire to give something back.  He stated that he           
 is concerned about the conservation issues facing the fisheries of            
 Alaska and the future that it is facing.  He stated that he has a             
 desire to add to the effort that is already going on with the                 
 current members of the board.                                                 
                                                                               
 Number 1606                                                                   
                                                                               
 REPRESENTATIVE KUBINA stated that Mr. Dersham has an extensive                
 working knowledge in the halibut charter business and there is a              
 lot of controversy in the state with allocation between commercial            
 and sport fisheries.  He asked him to talk about it.                          
                                                                               
 Number 1634                                                                   
                                                                               
 MR. DERSHAM replied that he has been involved in that issue and he            
 forgot to mention that he has appointed to the Halibut Charter                
 Working Group of the North Pacific Fisheries Management Council.              
 He stated that he has been involved in that issue for the last                
 three years.  He feels comfortable with the current status of the             
 negotiations and the current position of the council on this issue.           
 He stated that they are going to be taking more information on                
 April 14th in Anchorage and then plan for final action in June.  He           
 stated that he is not sure what that action was going to be but he            
 is comfortable with the information that has been gathered as well            
 as the process and that the final decision will work for everyone             
 involved.                                                                     
                                                                               
 Number 1691                                                                   
                                                                               
 REPRESENTATIVE KUBINA stated that living in the area, Mr. Dersham             
 must have a good idea of the problems that the Kenai River Drainage           
 has with set netters and guides on the river and asked if he had              
 any ideas on how to deal with that situation.                                 
                                                                               
 Number 1704                                                                   
                                                                               
 MR. DERSHAM replied that conservation issues are fairly easy.  He             
 said "In the Anchorage meeting in early March we dealt with a Coho            
 Salmon issue that involved all the user groups but since there were           
 conversation aspects that made our decision aspects a littler                 
 easier and we wound up attempting to cut back each fishery in the             
 in a percentage reasonably similar to the percentage of the cohos             
 that it was already taking."  He said that this meant that the                
 guided fishery was the one taking the biggest hit.  Strictly                  
 allocation decisions are more difficult.  He stated that there was            
 a salt water King Salmon issue that impacted the fishery on the               
 sport side and he had several meetings at advisory committee                  
 locations where members of the department, members of the committee           
 and user groups came to a consensus position to the Board of                  
 Fisheries.  He stated he is in favor of the approach of having as             
 much input as possible to help the board in its work.                         
 Number 1812                                                                   
                                                                               
 REPRESENTATIVE KUBINA stated that he appreciated that answer and              
 knows that there are a lot of hard decisions to be made.  He stated           
 that it takes some real statesmen to be on the board and he hopes             
 that Mr. Dersham will be one of them.                                         
                                                                               
 Number 1834                                                                   
                                                                               
 DALE BONDURANT, testified via teleconference from Kenai, that he              
 supports both Larry Engel and Ed Dersham for confirmation before              
 the Board of Fisheries.  He stated that he has known Larry Engel              
 for several years and that by seeing him work as chairmen of the              
 Board and thinks that Mr. Engel has shown a lot of professional               
 knowledge and is respected in his decisions in fish resource                  
 management regulations.  He stated that he has not known Mr.                  
 Dersham for very long but he does approve of his approach in                  
 instructing his charter clients to use common sense in self                   
 limiting their personal use harvest.  He stated it is good that he            
 tells the clients to limit themselves to want they will use.                  
                                                                               
 Number 1921                                                                   
                                                                               
 REPRESENTATIVE GAIL PHILLIPS stated that she supports Ed Dersham              
 for the Board of Fisheries and has worked with him and his wife on            
 many different issues throughout the time she has been involved in            
 the legislature.  She stated that Mr. Dersham, through and through,           
 is an Alaskan and is concerned about many things that occur in                
 Alaska.  He and his wife are good business people, they run a good            
 business, are fair to their clients and will bring these qualities            
 to the Board of Fisheries.  She stated that she has seen Mr.                  
 Dersham work in extremely tense situations, involving extremely               
 irate people in issues, involving the lower Kenai Peninsula and he            
 always get things on an even keel and has been able to bring                  
 consensus between a lot of different people.  She stated that this            
 is one of the best appointments to the Board of Fisheries and would           
 encourage all members to support it and would be glad to personally           
 talk with any members.                                                        
                                                                               
 Number 1986                                                                   
                                                                               
 CHAIRMAN AUSTERMAN stated that he supports both members and does              
 not have a problem with forwarding there names to the Joint                   
 Senate/House Confirmation Hearings.                                           
                                                                               
 Number 2007                                                                   
                                                                               
 REPRESENTATIVE KUBINA made a motion that the appointment of Larry             
 Engel be forwarded to the Joint Session for consideration and                 
 confirmation.                                                                 
                                                                               
 Number 2029                                                                   
 REPRESENTATIVE HODGINS objected.                                              
                                                                               
 Number 2052                                                                   
                                                                               
 CHAIRMAN AUSTERMAN asked if there was discussion.                             
                                                                               
 REPRESENTATIVE KUBINA stated that it was clear that the committee             
 is just forwarding the appointee, not endorsing the appointee.                
                                                                               
 Number 2060                                                                   
                                                                               
 REPRESENTATIVE HODGINS stated that he objected for purposes of a              
 vote asked what the process was.                                              
                                                                               
 Number 2068                                                                   
                                                                               
 CHAIRMAN AUSTERMAN replied that the process is that we move the               
 names forward for other confirmation hearings.                                
                                                                               
 REPRESENTATIVE HODGINS stated that he objected as a means of having           
 a vote on it, like passing a bill out of committee.                           
                                                                               
 CHAIRMAN AUSTERMAN stated that all we are doing is moving names out           
 of the committee to a hearing and will have the opportunity to vote           
 at the Joint Session.                                                         
                                                                               
 Number 2071                                                                   
                                                                               
 REPRESENTATIVE HODGINS stated that he would remove his objection.             
                                                                               
 Number 2077                                                                   
                                                                               
 CHAIRMAN AUSTERMAN asked if there were any further objections,                
 hearing none, it was so ordered.                                              
                                                                               
 Number 2083                                                                   
                                                                               
 REPRESENTATIVE OGAN made a motion to move that the appointment of             
 Ed Dersham be forward to the Joint Session for confirmation.                  
                                                                               
 CHAIRMAN AUSTERMAN asked if there was an objection, hearing none,             
 it was so ordered.                                                            
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 2112                                                                   
                                                                               
 CHAIRMAN AUSTERMAN adjourned the Special Committee on Fisheries at            
 5:39 p.m.                                                                     
                                                                               

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