Legislature(2005 - 2006)CAPITOL 124

02/08/2006 08:30 AM House FISHERIES


Download Mp3. <- Right click and save file as

Audio Topic
08:34:01 AM Start
08:34:18 AM Alaska Commercial Fisheries Entry Commission
08:53:43 AM Board of Fisheries
10:01:15 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings TELECONFERENCED
Alaska Commercial Fisheries Entry
Commission (CFEC)
Board of Fisheries
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                        February 8, 2006                                                                                        
                           8:34 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Bill Thomas, Co-Chair                                                                                            
Representative John Harris                                                                                                      
Representative Jim Elkins                                                                                                       
Representative Peggy Wilson                                                                                                     
Representative Mary Kapsner                                                                                                     
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Alaska Commercial Fisheries Entry Commission                                                                                  
                                                                                                                                
     Bruce C. Twomley - Juneau                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Fisheries                                                                                                            
                                                                                                                                
     Jeremiah D. Campbell - Seward                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BRUCE TWOMLEY, Appointee                                                                                                        
to the Commercial Fisheries Entry Commission (CFEC)                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As appointee to the CFEC offered a brief                                                                   
biography, summation of his new duties, and answered questions.                                                                 
                                                                                                                                
JEREMIAH D. CAMPBELL, Appointee                                                                                                 
to the Board of Fisheries                                                                                                       
Seward, Alaska                                                                                                                  
POSITION  STATEMENT:   As  appointee to  the  Board of  Fisheries                                                               
offered  a brief  biography,  summation of  his  new duties,  and                                                               
answered questions.                                                                                                             
                                                                                                                                
MEL MORRIS, Vice Chairman                                                                                                       
Board of Fisheries                                                                                                              
Kodiak, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
RENEE COOK, Member                                                                                                              
Sitka Charter Boat Operators Association;                                                                                       
Board Member, Alaska Conservation Alliance                                                                                      
Sitka, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
BURNIS SIMS, Member                                                                                                             
Alaska Conservation Alliance                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
DEBORAH SIMMS                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
PETER KARWOWSKI                                                                                                                 
Magic Waters Charter                                                                                                            
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified that Mr. Campbell is  able to see                                                               
both sides of an issue.                                                                                                         
                                                                                                                                
BRUCE ELKINS                                                                                                                    
Sea Flight Charters                                                                                                             
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified that Mr. Campbell will  do a good                                                               
job as a member of the Board of Fisheries.                                                                                      
                                                                                                                                
KEITH KALKE                                                                                                                     
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
BEAVER NELSON                                                                                                                   
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
JAMIE ROSS                                                                                                                      
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
DONNA BONDIOLINI                                                                                                                
(No address provided)                                                                                                           
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
RICKY GEASE, Executive Director                                                                                                 
Kenai River Sport Fishing Association                                                                                           
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
RON RAINEY, Chairman                                                                                                            
Kenai River Sport Fishing Association                                                                                           
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
VIRGIL UMPHENOUR, Chairman                                                                                                      
Fisheries Subcommittee                                                                                                          
Fish and Game Advisory Committee                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  in  support  of Mr.  Campbell's                                                               
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
DICK BISHOP                                                                                                                     
Alaska Outdoor Council                                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   Testified that  the AOC  strongly supports                                                               
Mr. Campbell's appointment to the Board of Fisheries.                                                                           
                                                                                                                                
BOB THORSTENSON, President                                                                                                      
United Fishermen of Alaska;                                                                                                     
Lobbyist for  the Sitka Herring  Group, Southeast  Alaska Seiners                                                               
Association, Armstrong-Keta Inc., and Wrangell Seafood Inc.                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in  opposition to the confirmation                                                               
of Mr. Campbell.                                                                                                                
                                                                                                                                
SCOTT MCALLISTER, President                                                                                                     
Herring Marketing Association                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments  regarding the Sitka Sound                                                               
sac roe fishery.                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR GABRIELLE  LEDOUX called the House  Special Committee on                                                             
Fisheries  meeting  to  order at  8:34:01  AM.    Representatives                                                             
LeDoux, Thomas, Kapsner, Salmon,  Elkins, and Harris were present                                                               
at  the call  to order.    Representative Wilson  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                                                                                                                                
^Alaska Commercial Fisheries Entry Commission                                                                                 
                                                                                                                                
8:34:18 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced that the  first order of business would                                                               
be a confirmation hearing for  Bruce C. Twomley to the Commercial                                                               
Fisheries Entry Commission (CFEC).                                                                                              
                                                                                                                                
8:34:52 AM                                                                                                                    
                                                                                                                                
BRUCE  C. TWOMLEY,  Appointee to  the Commercial  Fisheries Entry                                                               
Commission  (CFEC),  informed the  committee  that  he was  first                                                               
appointed to  the Limited Entry  Commission in 1982 and  has been                                                               
reappointed in  successive administrations.  He  further informed                                                               
the committee that  prior to serving on CFEC, he  was an attorney                                                               
for Alaska  Legal Service.   He suggested that he  has experience                                                               
being on the receiving end of  agency decisions and knows ways in                                                               
which to  keep an agency out  of trouble.  Mr.  Twomley said that                                                               
although  serving  on CFEC  is  demanding  work, it's  especially                                                               
strong  with  the current  membership.    Therefore, Mr.  Twomley                                                               
requested the  committee's permission to continue  sitting on the                                                               
CFEC in order to conclude some of the work he began.                                                                            
                                                                                                                                
8:36:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS inquired as to what CFEC does.                                                                            
                                                                                                                                
MR. TWOMLEY explained that the notion  is that in order to manage                                                               
the  fisheries  in  the  state  one  must  gain  control  of  the                                                               
variables.    One  of  the  large  variables  is  the  number  of                                                               
participants and the  pressure they exert on the  fisheries.  For                                                               
quite some time,  Alaska failed in its efforts to  limit entry in                                                               
its  salmon fisheries,  which lead  to the  establishment of  the                                                               
current limited  entry commission.   He specified that  CFEC will                                                               
limit entry  if it will  serve conservation and  prevent economic                                                               
distress among  fishermen.  The  statute requires that  CFEC rank                                                               
each applicant  and award permits  based on who  has demonstrated                                                               
the most dependence on the fishery.                                                                                             
                                                                                                                                
8:38:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS asked  if CFEC  supports the  state buying                                                               
back limited entry permits under certain conditions.                                                                            
                                                                                                                                
MR.  TWOMLEY  answered that  he  is  supportive of  reducing  the                                                               
fleets,  particularly in  the salmon  fishery,  in situations  in                                                               
which it  can improve the  situation.   He expressed the  need to                                                               
perform  a  fishery-by-fishery  analysis in  order  to  determine                                                               
whether it's a good investment in a particular area.                                                                            
                                                                                                                                
8:38:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  recalled mention that in  some cases there                                                               
are more permit  holders than [permit holders  who] actually fish                                                               
and asked  if that's a  problem for the  state or the  fishery in                                                               
the future.                                                                                                                     
                                                                                                                                
MR. TWOMLEY  opined that it's  a major  issue.  Such  a situation                                                               
may improve the economics for those  who are active in a fishery.                                                               
However, it's a  large factor when considering any  type of fleet                                                               
reduction remedies because the question  becomes whether it would                                                               
be a  good investment  [for the state]  to purchase  permits that                                                               
aren't being fished.                                                                                                            
                                                                                                                                
8:39:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS  recollected  discussion  of  taking  back                                                               
permits  because, in  some cases,  the state  gave permits  at no                                                               
cost.                                                                                                                           
                                                                                                                                
MR. TWOMLEY related  that the nature of limited  entry permits is                                                               
that they  are privileges.   Statute is  explicit that  the state                                                               
has  the power  to  take  back or  modify  those permits  without                                                               
compensation.   However,  that principle  is being  challenged in                                                               
court in a  case in the Kenai  fishery.  In that  case, the claim                                                               
is that  the limited entry  permits are more than  privileges and                                                               
they represent  a property  right that  should be  compensated if                                                               
taken.    In  further  response  to  Representative  Harris,  Mr.                                                               
Twomley  related  his  belief  that  limited  entry  permits  are                                                               
clearly a privilege  under the law.  The  aforementioned has been                                                               
very  important  in dealing  with  other  entities, such  as  the                                                               
Internal  Revenue Service  (IRS), that  would like  to seize  and                                                               
force the sale of limited entry permits.                                                                                        
                                                                                                                                
8:41:36 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS  directed attention to the  shrimp fishery, which                                                               
CFEC is  attempting to limit  now.  He related  his understanding                                                               
that there will be a lottery to give out the last permits.                                                                      
                                                                                                                                
MR. TWOMLEY  explained that statute  instructs the CFEC  to award                                                               
the  permits to  those who  need it  the most  and move  down the                                                               
point level.   The shrimp  fishery is  reaching a point  level at                                                               
which there are more people than  permits.  In that instance, the                                                               
statute specifies that there be a  lottery confined to those at a                                                               
specific point level.                                                                                                           
                                                                                                                                
8:42:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS surmised  then that the dependency  basis will be                                                               
dropped when a lottery is implemented.                                                                                          
                                                                                                                                
MR.  TWOMLEY  pointed  out  that  this process  was  set  by  the                                                               
legislature and  thus is modifiable.   "It  is the case  that all                                                               
the  people  in  that  category  have measured  up  in  terms  of                                                               
dependence under  the system.   So,  they all  at least  look the                                                               
same when it  comes to the standard measures  for dependence," he                                                               
explained.   He acknowledged  that there may  be other  things to                                                               
consider.                                                                                                                       
                                                                                                                                
8:44:25 AM                                                                                                                    
                                                                                                                                
MR.  TWOMLEY,  in response  to  Co-Chair  Thomas, explained  that                                                               
dependence  is measured  by the  point system  that measures  all                                                               
applicants.       The   dependence   measure    doesn't   include                                                               
consideration of who is currently fishing and who isn't.                                                                        
                                                                                                                                
8:44:58 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX inquired as to how the log of the CFEC is doing.                                                                
                                                                                                                                
MR. TWOMLEY  opined that the CFEC  has made progress in  the last                                                               
decades.   He reminded the  committee that there was  a difficult                                                               
confluence of events in the  1980s during which the supreme court                                                               
held up  many cases  while waiting for  the decision  in Ostrosky                                                             
because  some speculated  that it  would  eliminate [the  limited                                                               
entry  system]  entirely.   However,  when  Ostrosky  upheld  the                                                             
decision, all  the supreme  court decisions came  in a  flood and                                                               
many  reversed   past  CFEC  decisions.     Furthermore,  it  was                                                               
determined  that  reversal of  a  CFEC  decision can  be  applied                                                               
retroactively  and   could  basically   undo  a  fishery.     The                                                               
aforementioned was coupled with  several fisheries under pressure                                                               
that had to  be limited in the late 1980s  and [the CFEC] decided                                                               
to settle the  Wassillie case, which provided an  entire class of                                                             
plaintiffs  an  opportunity  to apply  for  the  original  salmon                                                               
fisheries.  Therefore,  a flood of new  applications came forward                                                               
and under  the settlement the Wassillie  applicants couldn't fish                                                             
until and unless  a permanent permit was received  from the CFEC.                                                               
This all led to  the CFEC facing some 900 cases  in the 1990s and                                                               
since  that  time at  least  26  additional fisheries  have  been                                                               
limited.  To  date, the total number of cases  before the hearing                                                               
officers and CFEC is 230.                                                                                                       
                                                                                                                                
8:48:13 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  asked if there  is any  effort to look  back and                                                               
determine whether  there are cases  that have fallen  through the                                                               
cracks.                                                                                                                         
                                                                                                                                
MR. TWOMLEY  replied yes.   He explained that the  first priority                                                               
is for  cases in which  the immediate right  to fish is  at stake                                                               
and  then the  oldest  cases are  taken next  unless  there is  a                                                               
particular   fishery   that's   under  pressure   and   requiring                                                               
attention.   The Wassillie  case was a  priority and  those cases                                                             
were completed  in the  fall of  2000.  In  the 1990s  there were                                                               
also fisheries that were under  pressure and requiring attention.                                                               
In  1997  when  the  bottom   fell  out  from  under  the  salmon                                                               
fisheries, everything changed.                                                                                                  
                                                                                                                                
8:49:30 AM                                                                                                                    
                                                                                                                                
MR. TWOMLEY, in further response  to Co-Chair LeDoux, highlighted                                                               
that  sometimes it  appears that  a  fishery can  wait when,  for                                                               
example, it  is healthy and wealthy.   He emphasized the  need to                                                               
prioritize.                                                                                                                     
                                                                                                                                
8:50:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS  inquired as to  whether the sport  charter fleet                                                               
could petition the CFEC to be limited under state law.                                                                          
                                                                                                                                
MR.  TWOMLEY  related  his  understanding   that  it  would  take                                                               
legislation to do so because he  didn't believe that the CFEC has                                                               
such authority.                                                                                                                 
                                                                                                                                
8:51:47 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
CO-CHAIR  LEDOUX, upon  determining that  no one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
8:53:07 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS moved that the  committee forward Bruce Twomley's                                                               
name to the full body for  consideration in joint session.  There                                                               
being no objection, Mr. Twomley's name was advanced.                                                                            
                                                                                                                                
^Board of Fisheries                                                                                                           
                                                                                                                                
CO-CHAIR LEDOUX announced  that the next order  of business would                                                               
be a confirmation  hearing for Jeremiah D. Campbell  to the Board                                                               
of Fisheries.                                                                                                                   
                                                                                                                                
8:53:43 AM                                                                                                                    
                                                                                                                                
JEREMIAH  D.  CAMPBELL,  Appointee  to the  Board  of  Fisheries,                                                               
introduced himself.                                                                                                             
                                                                                                                                
8:54:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  inquired as  to Mr.  Campbell's background                                                               
noting  that  he  is  in  receipt  of  letters  from  the  United                                                               
Fishermen  of Alaska  (UFA)  who aren't  very  supportive of  Mr.                                                               
Campbell's nomination.                                                                                                          
                                                                                                                                
8:54:39 AM                                                                                                                    
                                                                                                                                
MR. CAMPBELL informed  the committee that he was  born and raised                                                               
in  Seward  and  has  commercial   fished  in  various  types  of                                                               
fisheries.   He noted  that his family  started a  custom seafood                                                               
processing  shop  and as  of  three  years  ago started  a  sport                                                               
fishing charter  business.  That  business also  does sightseeing                                                               
and with  the purchase  of a  100-foot commercial  fishing tender                                                               
the  [charter   business]  will   also  do  salmon   and  herring                                                               
tendering.   In  further response  to Representative  Harris, Mr.                                                               
Campbell confirmed that he is  actively participating in both the                                                               
sport and commercial fishing industries.                                                                                        
                                                                                                                                
8:56:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS asked if Mr.  Campbell felt that he has the                                                               
experience  and knowledge  to address  the allocation  issues and                                                               
other complicated state issues of the various fisheries.                                                                        
                                                                                                                                
MR. CAMPBELL  replied yes, and  related that  by growing up  in a                                                               
small fishing  community he  has been  allowed to  experience the                                                               
various  commercial  fisheries,  sport  fishing,  tendering,  and                                                               
seafood [processing].   The  aforementioned experience,  he said,                                                               
affords him  the ability  and qualities  to reach  decisions that                                                               
are consistent  with good fishery  management.   Furthermore, Mr.                                                               
Campbell said that he has good  people skills and has always made                                                               
himself available to  those on all sides of an  issue.  Moreover,                                                               
he related  that he believes in  the board process and  trying to                                                               
keep  an open  mind when  trying  to reach  tough decisions  that                                                               
impact the livelihood of many.                                                                                                  
                                                                                                                                
8:58:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS asked  if Mr.  Campbell  has sat  in on  a                                                               
board meeting.                                                                                                                  
                                                                                                                                
MR. CAMPBELL replied  yes, adding that he  just completed sitting                                                               
in  on his  third  or fourth  meeting.   In  fact,  he noted,  he                                                               
chaired   his  first   committee,  the   Southeast  King   Salmon                                                               
Management  Plans for  Districts 8  and 11.   The  aforementioned                                                               
committee had  to address many  tough issues.   He noted  that he                                                               
received many compliments  with regard to how  he handled himself                                                               
and thus  the opposition  from the  UFA was  a setback,  which he                                                               
characterized as unfair and unwarranted.   Mr. Campbell explained                                                               
that the opposition  from the UFA was in response  to his vote in                                                               
opposition to the equal split herring fishery.                                                                                  
                                                                                                                                
9:00:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  asked if  Mr. Campbell's  testimony before                                                               
the  House Resources  Standing Committee  referred to  investment                                                               
fisheries.                                                                                                                      
                                                                                                                                
MR.  CAMPBELL replied  yes.   He recalled  that his  reference to                                                               
investment fisheries was  in the context of  rationalization.  He                                                               
explained that he didn't want  the state's fisheries to turn into                                                               
investment fisheries such  as has been the case with  some of the                                                               
federal  fisheries  in which  the  actual  permit holder  doesn't                                                               
actively  participate  in  the  fishery  and  in  essence  leases                                                               
his/her permit.                                                                                                                 
                                                                                                                                
9:01:27 AM                                                                                                                    
                                                                                                                                
MR.  CAMPBELL,  in  further response  to  Representative  Harris,                                                               
clarified   that  he   doesn't   support  the   lack  of   active                                                               
participation [by the  permit holder].  Mr.  Campbell opined that                                                               
he didn't  want the little guys  to be squeezed out  by those who                                                               
are  buying up  as  many permits  and  individual fishery  quotas                                                               
(IFQs) as possible in order to simply have an investment.                                                                       
                                                                                                                                
9:02:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HARRIS  recalled   Mr.  Campbell's   mention  of                                                               
chairing a  committee on  the board  and asked  if it  dealt with                                                               
equal split harvest proposal.                                                                                                   
                                                                                                                                
MR. CAMPBELL replied  no.  In further  response to Representative                                                               
Harris, Mr. Campbell said that he  did make comments on the split                                                               
harvest  relating his  belief  that the  fishery  was a  healthy,                                                               
competitive  fishery  that  was  doing  well  under  the  current                                                               
management plan  given the current conservation  statistics.  The                                                               
issue  for  him,  he  related,  was in  relation  to  the  public                                                               
ownership  and the  means of  production.   He opined  that there                                                               
were just  too many unknowns  in regard to  the loss of  jobs and                                                               
small businesses  that depend upon  the sac roe fishery  for part                                                               
of their income.   At the time, he said he  didn't believe it was                                                               
warranted to  choose that route.   However, he  acknowledged that                                                               
in the future  such an option may be warranted.   Furthermore, it                                                               
didn't  seem  fair to  penalize  those  who bought  into  limited                                                               
entry.                                                                                                                          
                                                                                                                                
9:05:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS inquired  as to  the difference  between a                                                               
rationalized and a restructured fishery.                                                                                        
                                                                                                                                
MR. CAMPBELL  related his belief that  Chignik probably qualifies                                                               
as a restructured fishery and thus  it's being tweaked to make it                                                               
a  more  viable fishery.    A  restructured fishery  changes  the                                                               
policies in order to allow  progressive opportunities such that a                                                               
long-term sustainable fishery is  created while the limited entry                                                               
aspect of  that fishery  is maintained.   The board  has provided                                                               
options  such that  fishermen  can be  competitive  or enter  the                                                               
cooperative.  On the other  hand, a rationalized fishery is when,                                                               
due  to  conservation or  economic  concerns,  the state  or  the                                                               
federal government  enters the scene  and divides up  the shares.                                                               
In  such a  situation there  are not  many choices,  there is  no                                                               
competitiveness, and many people don't qualify, he opined.                                                                      
                                                                                                                                
9:10:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS inquired  as to what Mr.  Campbell views as                                                               
the most  important issues facing  the Board of Fisheries  in the                                                               
next couple  of years.  He  also inquired as to  how Mr. Campbell                                                               
believes allocation amounts should be determined.                                                                               
                                                                                                                                
MR.  CAMPBELL opined  that probably  some of  the most  important                                                               
issues  will  be the  following:    restructuring of  the  salmon                                                               
industry around  the state;  the rationalization  of the  Gulf of                                                               
Alaska;  and the  charter IFQ.    With regard  to the  allocative                                                               
decisions, those are based on  various things, including history,                                                               
length of  participation in  a fishery,  et cetera.   As  a board                                                               
member,  Mr.   Campbell  said   that  during   deliberations  and                                                               
committee work regarding allocation  amounts much information can                                                               
be extracted and one can decide  what is the best for the overall                                                               
health of  a fishery.   He  highlighted the  need to  be cautious                                                               
when allocation amounts are moved from one sector to another.                                                                   
                                                                                                                                
9:14:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON recalled  Mr.  Campbell's  support of  the                                                               
reduction of  the Copper  River King  salmon fishery,  which many                                                               
people believed was too drastic of a reduction.                                                                                 
                                                                                                                                
MR.  CAMPBELL   characterized  the  aforementioned   decision  as                                                               
difficult.   He explained  that the purpose  of the  reduction of                                                               
the  Copper River  King  salmon fishery  was  to restrict  access                                                               
inside  the  barrier  islands  of   the  Copper  River  Delta  to                                                               
commercial  fisheries.    He recalled  that  under  the  original                                                               
proposal no  more than  one 12-hour opening  for the  first three                                                               
weeks  of the  Copper  River  fishing season  was  allowed.   The                                                               
majority of  that meeting dealt with  the lack of King  salmon in                                                               
the upper river areas.   Mr. Campbell pointed out that ultimately                                                               
the  openings in  the Copper  River area  were restricted  in the                                                               
first  two  weeks.    He   explained  that  the  first  amendment                                                               
restricted the Copper  River fishery to a 12-hour  opening in the                                                               
first two weeks of the fishery.   The second amendment, which Mr.                                                               
Campbell offered, changed the language  "12-hour opening" to "one                                                               
commercial fishing period".   Mr. Campbell said he  made it clear                                                               
that  if the  run  was large,  the period  could  be extended  by                                                               
emergency order.  He opined that  the board was trying to balance                                                               
the needs of all the users in the Upper Copper River.                                                                           
                                                                                                                                
9:18:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON asked  if  Mr.  Campbell, a  nonqualifying                                                               
halibut chart  owner, can remain neutral  through the discussions                                                               
regarding IFQs.                                                                                                                 
                                                                                                                                
MR. CAMPBELL  replied yes  and emphasized  that he  doesn't bring                                                               
any agenda to  the board.  He  opined that the board  needs to do                                                               
what is right for  the resource and the fleet.   He noted that he                                                               
does oppose  IFQs as currently  written.   Although the IFQ  is a                                                               
great tool  for the  commercial fishing  industry, he  opined, it                                                               
isn't  appropriate   for  the   sport  fishing   charter  sector.                                                               
However, he said that he  does support limitations on the charter                                                               
fleet because something  needs to be done to check  the growth of                                                               
the charter  fleet, otherwise the  guideline harvest  levels will                                                               
be exceeded.   He discussed the  various options that need  to be                                                               
reviewed.  The charter fleet is  stuck because it's not an actual                                                               
user of  the resource as it  is a service industry  that provides                                                               
access.    Therefore, the  question  becomes  how access  can  be                                                               
limited  for the  hundreds of  thousands  of people  who use  the                                                               
resource.   In  further  response to  Representative Wilson,  Mr.                                                               
Campbell said  that his sport fishing  and sightseeing businesses                                                               
wouldn't  qualify   for  any  [IFQs]  because   they  weren't  in                                                               
existence during the qualifying years.                                                                                          
                                                                                                                                
9:23:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  returned to  the equal split  proposal for                                                               
the herring sac roe fishery and  pointed out that over 80 percent                                                               
of  the permit  holders  were  agreeable and  90  percent of  the                                                               
processors  were agreeable.   She  requested  explanation of  the                                                               
decision.                                                                                                                       
                                                                                                                                
MR. CAMPBELL  opined that the  Board of Fisheries took  all sides                                                               
into account on  that decision.  He reiterated  the huge unknowns                                                               
in changing the  management scheme and emphasized  that he didn't                                                               
believe the time was right for the equal split proposal.                                                                        
                                                                                                                                
9:24:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAPSNER referred to  Bob Tkacz's journal "Laws for                                                               
the Sea"  in which Mr. Campbell  was quoted, in reference  to the                                                               
sac roe herring issue, as saying  that perhaps UFA was using this                                                               
as a  smoke screen.   If that's the case,  Representative Kapsner                                                               
inquired as to  the reason Mr. Campbell believes  UFA opposes his                                                               
nomination to the Board of Fisheries.                                                                                           
                                                                                                                                
MR. CAMPBELL  opined that  it appears the  UFA president  who was                                                               
hired for the  Sitka Herring Group was upset when  this vote came                                                               
down.   Within 12  hours of  the vote,  hundreds of  e-mails were                                                               
submitted from the  president of UFA requesting  that UFA members                                                               
withdraw support for  his nomination.  He opined, "My  vote is my                                                               
vote."   Mr. Campbell  then pointed out  that three  other people                                                               
voted the  same as  he did.   The issue is  that the  equal split                                                               
didn't  occur.   However, he  highlighted that  this is  only one                                                               
issue and  that he  has received  positive feedback  from various                                                               
sectors of the fishing industry.   Mr. Campbell specified that he                                                               
views each issue on its own merits.                                                                                             
                                                                                                                                
9:27:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SALMON inquired  as  to Mr.  Campbell's views  on                                                               
subsistence fishing and where it  falls in terms of priority with                                                               
sport and  commercial fishing.   He further inquired as  to which                                                               
fishery takes priority when the runs are low.                                                                                   
                                                                                                                                
MR. CAMPBELL opined that subsistence  is a vital part of Alaska's                                                               
heritage  and  economies  in  rural  areas.    However,  the  law                                                               
specifies  that is  no longer  a rural/urban  preference and  all                                                               
Alaskans have to  be considered equal with  regard to subsistence                                                               
use.    When runs  are  low  subsistence  should have  the  first                                                               
priority, which is  the way the law  is set up.  If  runs are too                                                               
low to support subsistence, then the  matter moves to Tier II and                                                               
where  the individual  lives and  the  importance of  subsistence                                                               
fishing  to  that  individual's survival  comes  into  plan  when                                                               
determining priority.                                                                                                           
                                                                                                                                
REPRESENTATIVE  ELKINS asked  if  Mr. Campbell's  opinion of  the                                                               
president of UFA is  that he is a paid lobbyist.    He then asked                                                               
if  the president  of UFA  is listed  as a  paid lobbyist  by the                                                               
Alaska Public Offices Commission (APOC).                                                                                        
                                                                                                                                
9:30:44 AM                                                                                                                    
                                                                                                                                
MR. CAMPBELL said that he was  told that the president of the UFA                                                               
was a  lobbyist by  members at  the Southeast  meeting.   He said                                                               
that he  could neither confirm or  deny that.  He  mentioned that                                                               
the president of UFA was hard core on his views.                                                                                
                                                                                                                                
9:32:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  recommended that Mr. Campbell  find out if                                                               
the individual  in question  is a paid  lobbyist before  making a                                                               
statement to that effect.                                                                                                       
                                                                                                                                
MR. CAMPBELL  said that  if he's  speaking out  of turn  he would                                                               
apologize.                                                                                                                      
                                                                                                                                
9:32:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS  asked if Mr.  Campbell believes that  sport fish                                                               
operators should pay a raw fish tax.                                                                                            
                                                                                                                                
MR. CAMPBELL answered that he  would probably say no, adding that                                                               
he didn't know how it would be paid.                                                                                            
                                                                                                                                
CO-CHAIR THOMAS  explained that  the raw fish  tax is  similar to                                                               
what loggers pay to harvest  timber.  Co-Chair Thomas related his                                                               
belief that whomever  harvests the fish should pay  the state for                                                               
doing so.   He  then asked  if Mr.  Campbell believes  that sport                                                               
charters  should  pay  an  enhancement  tax  to  hatcheries  that                                                               
produce fish for those who fish.                                                                                                
                                                                                                                                
MR.  CAMPBELL opined  that much  of the  sport fishing  interests                                                               
have paid for  certain amounts of releases  and operational costs                                                               
at some of the hatcheries  in Southeast.  Mr. Campbell emphasized                                                               
that if  the sport fishing  fleet wants  to have access  to those                                                               
hatchery fish, then the fleet should pay its share.                                                                             
                                                                                                                                
9:35:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS noted that he  represents Cordova and opined that                                                               
with  the board  has  driven  another nail  in  the  coffin of  a                                                               
struggling community.   He said  he understood the need  for fish                                                               
"Up  River,"   but  taking   fish  out   of  one   spawning  area                                                               
consistently for a  few years results in the  fish not returning.                                                               
He related his belief that  the management techniques should have                                                               
been  decided by  the  managers, who  are  difficult to  recruit,                                                               
particularly when  the Board of  Fisheries usurps  his/her power.                                                               
He then  turned attention  to the  Sitka co-op  that is  based on                                                               
safety  and noted  that  Sitka has  done that  before.   He  then                                                               
recalled  Mr.  Campbell's comments  about  handing  down IFQs  to                                                               
[family  members] to  which  he  opined that  if  one works  hard                                                               
he/she deserve to  reap the rewards.  He then  questioned why Mr.                                                               
Campbell  entered the  commercial tender  business when  everyone                                                               
else  is leaving  it.   He questioned  whether Mr.  Campbell knew                                                               
something he didn't or is  co-oped/partnered with someone who got                                                               
Mr. Campbell a contract.  If  the aforementioned is the case, Co-                                                               
Chair Thomas  opined that Mr.  Campbell would have a  conflict of                                                               
interest.    Co-Chair  Thomas  related that  he  would  like  Mr.                                                               
Campbell  to use  his influence  to  obtain a  32-inch limit  for                                                               
halibut  for   sport  fish,   sport  charters,   and  subsistence                                                               
fisheries.   Co-Chair Thomas  concluded by  saying that  he's not                                                               
totally pleased  with Mr. Campbell's nomination,  and inquired as                                                               
to  why he  decided  to serve.   However,  he  commended him  for                                                               
stepping forward.                                                                                                               
                                                                                                                                
9:40:41 AM                                                                                                                    
                                                                                                                                
MR.  CAMPBELL said  that he  has  had a  desire to  be in  public                                                               
service and fisheries seemed to  be appropriate since he has been                                                               
involved in  it for most of  his life.  Mr.  Campbell opined that                                                               
he  can  help  make  a  difference  in  the  future  of  Alaska's                                                               
fisheries by making good decisions  within the board process.  He                                                               
further opined  that board members must  have an open mind  and a                                                               
willingness to learn.  He  mentioned that some individuals in the                                                               
sport fishing industry  encouraged him to look into  the Board of                                                               
Fisheries.                                                                                                                      
                                                                                                                                
9:43:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON recalled  that Mr.  Campbell is  connected                                                               
with  sport  and  commercial  fishing.     She  highlighted  that                                                               
currently  if  one  is involved  with  commercial  fishing,  that                                                               
individual is conflicted  out, but that's not the case  if one is                                                               
involved with sport fishing.   She asked if Mr. Campbell believes                                                               
that's appropriate.                                                                                                             
                                                                                                                                
MR. CAMPBELL related his understanding  that any issue before the                                                               
board that  provides a direct  financial interest for  the member                                                               
or  his/her  family,  regardless  of  whether  it  was  sport  or                                                               
commercial fishing,  could lead to  the member having  a conflict                                                               
of interest [and being unable to  participate on that issue].  He                                                               
said he would  review whether the conflict  of interest provision                                                               
applies to sport fishing interests.                                                                                             
                                                                                                                                
9:45:37 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX then turned to public testimony.                                                                                
                                                                                                                                
9:45:52 AM                                                                                                                    
                                                                                                                                
MEL  MORRIS,  Vice Chairman,  Board  of  Fisheries, informed  the                                                               
committee that he  has been on the board for  three years.  After                                                               
working with Mr.  Campbell over the last four  months, Mr. Morris                                                               
said he has been extremely  impressed with Mr. Campbell's ability                                                               
to work  hard and  chair the  Southeast Committee.   Furthermore,                                                               
Mr. Campbell  is articulate regarding  his views and  accepts the                                                               
outcome, Mr.  Morris related.   He concluded by opining  that Mr.                                                               
Campbell  will  make   an  excellent  member  of   the  Board  of                                                               
Fisheries.                                                                                                                      
                                                                                                                                
9:47:25 AM                                                                                                                    
                                                                                                                                
RENEE  COOK, Member,  Sitka Charter  Boat Operators  Association;                                                               
Board Member,  Alaska Conservation Alliance, related  her support                                                               
of Mr. Campbell,  which she opined is open minded  enough to make                                                               
the proper  decisions.  She said  that thus far Mr.  Campbell has                                                               
done a great job.                                                                                                               
                                                                                                                                
9:47:59 AM                                                                                                                    
                                                                                                                                
BURNIS SIMS,  Member, Alaska Conservation Alliance,  informed the                                                               
committee that he  runs a charter boat out of  Homer.  He related                                                               
his belief  that Mr.  Campbell would  make a  good member  of the                                                               
Board of Fisheries.                                                                                                             
                                                                                                                                
9:48:28 AM                                                                                                                    
                                                                                                                                
DEBORAH SIMMS informed  the committee that she is  also a charter                                                               
boat  owner.   She  opined  that  Mr.  Campbell  will be  a  good                                                               
representative on  the Board of  Fisheries because he  has worked                                                               
hard and has  worked on both sides.  She  noted that Mr. Campbell                                                               
has been a vice president  of the Seward Charter Boat Association                                                               
and  Seward Fish  & Game  Advisory  Committee.   She related  her                                                               
support for Mr. Campbell.                                                                                                       
                                                                                                                                
9:49:07 AM                                                                                                                    
                                                                                                                                
PETER KARWOWSKI,  Magic Waters Charter, opined  that Mr. Campbell                                                               
will be open minded and able to see both sides of an issue.                                                                     
                                                                                                                                
9:49:37 AM                                                                                                                    
                                                                                                                                
BRUCE  ELKINS, Sea  Flight Charters,  said that  he believes  Mr.                                                               
Campbell will do a good job.                                                                                                    
                                                                                                                                
9:49:48 AM                                                                                                                    
                                                                                                                                
KEITH KALKE  stated support  for Mr.  Campbell and  applauded his                                                               
participation.                                                                                                                  
                                                                                                                                
9:50:01 AM                                                                                                                    
                                                                                                                                
BEAVER  NELSON  informed the  committee  that  he has  commercial                                                               
fished  since  1969.    He  related that  he  is  an  avid  sport                                                               
fisherman and  hunter and  is a  member of the  UFA.   He further                                                               
related that he  fished the Sitka sac roe  herring and personally                                                               
attended  the  Board of  Fisheries  deliberations  in Valdez  and                                                               
Ketchikan  during  which  the board  addressed  very  contentious                                                               
allocative issues.   During both meetings, Mr.  Campbell acted in                                                               
a responsible and thoughtful manner  to all issues presented.  He                                                               
said that  he saw no evidence  to support that Mr.  Campbell is a                                                               
single-issue board  member.  Furthermore,  members of  the public                                                               
who  worked with  Mr. Campbell  at the  committee level  provided                                                               
comments  in regard  to how  well Mr.  Campbell handled  himself.                                                               
Mr. Nelson  said that  he particularly  values that  Mr. Campbell                                                               
has hands-on experience in a  variety of Alaska outdoor endeavors                                                               
because  these  experiences  and  his ability  to  ask  pertinent                                                               
questions have enabled  Mr. Campbell to quickly come  up to speed                                                               
on complicated  issues.   In conclusion,  Mr. Nelson  opined that                                                               
Mr. Campbell  has done a good  job on the Board  of Fisheries and                                                               
will do so in the future.                                                                                                       
                                                                                                                                
9:50:53 AM                                                                                                                    
                                                                                                                                
JAMIE ROSS informed  the committee that he has  been a commercial                                                               
fisherman for 25 years and has  been involved in some of the most                                                               
controversial  fisheries in  Alaska, including  fishing in  False                                                               
Pass and Chignik and participating  in the Sitka sac roe fishery.                                                               
In fact, he estimated that he  has been before two to three Board                                                               
of Fisheries meetings  a year for the past 20  years.  He related                                                               
his belief  that a board  member should  be judged just  like any                                                               
other  man  and  that  is   based  on  whether  he  has  honesty,                                                               
integrity, and  is willing  to perform hard  work.   Mr. Campbell                                                               
exhibits all  of those qualities,  he opined.  He  further opined                                                               
that Mr.  Campbell will  be one  of the  best Board  of Fisheries                                                               
members of the board.                                                                                                           
                                                                                                                                
9:52:03 AM                                                                                                                    
                                                                                                                                
DONNA  BONDIOLINI  stated  her support  the  appointment  of  Mr.                                                               
Campbell  to the  Board of  Fisheries.   She  suggested that  Mr.                                                               
Campbell's diversified background will be  an asset for the Board                                                               
of Fisheries.  Furthermore, she  didn't believe that Mr. Campbell                                                               
has  an agenda,  which  is how  it  should be  for  the Board  of                                                               
Fisheries members.                                                                                                              
                                                                                                                                
9:52:45 AM                                                                                                                    
                                                                                                                                
RICKY  GEASE,  Executive  Director,  Kenai  River  Sport  Fishing                                                               
Association, related the association's  support of Mr. Campbell's                                                               
appointment  to  the Board  of  Fisheries.   After  watching  him                                                               
during two Board  of Fisheries meetings, Mr. Gease  said that Mr.                                                               
Campbell  works hard  to seek  solutions that  will work  for all                                                               
user groups.  Furthermore, Mr.  Gease opined that Mr. Campbell is                                                               
articulate, meticulous in planning and  decision making, and is a                                                               
great addition to  the Board of Fisheries.   Therefore, Mr. Gease                                                               
encouraged the committee to confirm Mr. Campbell.                                                                               
                                                                                                                                
9:53:43 AM                                                                                                                    
                                                                                                                                
RON  RAINEY, Chairman,  Kenai  River  Sport Fishing  Association,                                                               
reiterated   the   association's   support  of   Mr.   Campbell's                                                               
appointment.  He noted that  he was impressed with Mr. Campbell's                                                               
commercial and  sport fishing background.   He indicated  that he                                                               
was also impressed  with the way in which Mr.  Campbell seeks in-                                                               
depth  information  on the  issues.    Furthermore, Mr.  Campbell                                                               
seems  to   be  fair  and   willing  to  make   tough  decisions.                                                               
Therefore,  Mr. Rainey  encouraged the  committee to  confirm Mr.                                                               
Campbell, which  he characterized  as the right  thing to  do for                                                               
the state.                                                                                                                      
                                                                                                                                
9:54:27 AM                                                                                                                    
                                                                                                                                
VIRGIL  UMPHENOUR,  Chairman, Fisheries  Subcommittee,  Fairbanks                                                               
Fish and  Game Advisory  Committee, said  he is  in favor  of the                                                               
confirmation  of  Mr. Campbell.    He  recalled that  during  the                                                               
Valdez  Board  of  Fisheries meeting,  he  ascertained  that  Mr.                                                               
Campbell  reads the  various staff  reports, listens  to all  the                                                               
user groups, and does his  homework.  Mr. Umphenhour concluded by                                                               
strongly urging the committee to confirm Mr. Campbell.                                                                          
                                                                                                                                
9:56:13 AM                                                                                                                    
                                                                                                                                
DICK  BISHOP,   Alaska  Outdoor   Council  (AOC),   reminded  the                                                               
committee  that  the AOC  is  the  state's largest  outdoor  user                                                               
group,  summing 12,000  strong.   The AOC,  he related,  strongly                                                               
supports Mr. Campbell's appointment to  the Board of Fisheries as                                                               
he has  an impressive resume,  great experience, and  performed a                                                               
good job  during his  short tenure  with the  board.   Mr. Bishop                                                               
opined that Mr.  Campbell has handled the issues  fairly and with                                                               
an  open mind.   He  highlighted Mr.  Campbell's earlier  comment                                                               
that he attempts to do what  is right for the resource, which Mr.                                                               
Bishop said is of most importance.                                                                                              
                                                                                                                                
9:57:43 AM                                                                                                                    
                                                                                                                                
BOB THORSTENSON, President, United  Fishermen of Alaska; Lobbyist                                                               
for   the  Sitka   Herring   Group,   Southeast  Alaska   Seiners                                                               
Association,  Armstrong-Keta  Inc.,  and Wrangell  Seafood  Inc.,                                                               
began by saying that he could  think of no higher calling than to                                                               
be  paid  to work  for  commercial  fishermen.   Mr.  Thorstenson                                                               
pointed out  that although his  vote may have been  influenced by                                                               
the  recent Board  of Fisheries  meeting, 16  other organizations                                                               
within UFA voted to oppose the  confirmation of Mr. Campbell.  He                                                               
noted that  none of those 16  groups had anything to  do with the                                                               
Sitka sac  roe, but rather  have an  interest in what  happens in                                                               
the halibut  fishery, the  fishery in  Prince William  Sound, and                                                               
the issues  in Cook Inlet.   Therefore,  he related that  the UFA                                                               
vigorously  opposes the  confirmation  of Mr.  Campbell, who  the                                                               
organization believes  is inexperienced.  Furthermore,  the three                                                               
meetings during the five months  of his service indicate that Mr.                                                               
Campbell  will be  a poor  board member  for both  commercial and                                                               
sport fishermen.                                                                                                                
                                                                                                                                
9:59:17 AM                                                                                                                    
                                                                                                                                
SCOTT  MCALLISTER,  President,   Herring  Marketing  Association,                                                               
explained that  the Herring Marketing Association  represents the                                                               
marketing interests of the Sitka Sound  sac roe group in which he                                                               
is a  fishermen.   He informed  the committee  that he  has never                                                               
qualified  for  one pound  of  IFQ  or  been awarded  any  permit                                                               
through  the permit  process  but  rather has  been  vested as  a                                                               
businessman  in  commercial fisheries.    He  explained that  the                                                               
Ketchikan meeting regarding  the Sitka Sound sac  roe fishery was                                                               
a plea  from fellow  businessmen in that  industry to  change the                                                               
paradigm  of the  Sitka sac  roe  fishery to  a more  cooperative                                                               
effort  for biological  concerns,  subsistence, and  to secure  a                                                               
foothold in the Japanese market for roe.                                                                                        
                                                                                                                                
10:00:57 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  LEDOUX  announced that  Mr.  Campbell's  name would  be                                                               
forwarded to the full body for consideration.                                                                                   
                                                                                                                                
10:01:07 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special Committee on Fisheries meeting  was adjourned at 10:01:15                                                             
AM.                                                                                                                           

Document Name Date/Time Subjects