Legislature(2011 - 2012)

03/22/2011 06:06 PM House FSH


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06:06:41 PM Start
06:06:52 PM Confirmation Hearings: Alaska Department of Fish & Game
06:40:17 PM Commercial Fisheries Entry Commission (cfec)
06:48:13 PM Alaska Board of Fisheries (bof)
06:58:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         March 22, 2011                                                                                         
                           6:06 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Steve Thompson, Chair                                                                                            
Representative Craig Johnson, Vice Chair                                                                                        
Representative Lance Pruitt                                                                                                     
Representative Scott Kawasaki                                                                                                   
Representative Bob Miller                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Alan Austerman                                                                                                   
Representative Bob Herron                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS(S):                                                                                                       
                                                                                                                                
Alaska Department of Fish & Game                                                                                              
                                                                                                                                
     Cora Campbell - Juneau                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Commercial Fisheries Entry Commission                                                                                         
                                                                                                                                
     Benjamin Brown - Juneau                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Board of Fisheries                                                                                                     
                                                                                                                                
     Michael Smith - Fairbanks                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CORA CAMPBELL, Commissioner                                                                                                     
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Testified as  appointed  commissioner  to                                                             
Alaska Department of Fish & Game (ADF&G).                                                                                       
                                                                                                                                
JULIANNE CURRY, Director                                                                                                        
Petersburg Vessel Owners Association                                                                                            
Petersburg, Alaska                                                                                                              
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Commissioner Cora Campbell.                                                                                                     
                                                                                                                                
GERALD McCUNE, Lobbyist                                                                                                         
United Fishermen of Alaska (UFA)                                                                                                
Cordova, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Commissioner Cora Campbell.                                                                                                     
                                                                                                                                
KARL JOHNSTONE, Vice Chair                                                                                                      
Alaska Board of Fisheries (BOF)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Commissioner Cora Campbell.                                                                                                     
                                                                                                                                
RICK GEASE, Executive Director                                                                                                  
Kenai River Sportfishing Association (KRSA)                                                                                     
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Commissioner Cora Campbell.                                                                                                     
                                                                                                                                
CRAIG COMPEAU, Board Member                                                                                                     
Sportsmen for Fish and Wildlife Alaska (SFW)                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Commissioner Cora Campbell.                                                                                                     
                                                                                                                                
KEN LARSEN, Secretary                                                                                                           
Prince William Sound Charter Boat Association                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Commissioner Cora Campbell.                                                                                                     
                                                                                                                                
BENJAMIN BROWN, Appointee                                                                                                       
Commercial Fisheries Entry Commission (CFEC)                                                                                    
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified as  appointee to  the Commercial                                                             
Fisheries Entry Commission (CFEC).                                                                                              
                                                                                                                                
MICHAEL SMITH, Appointee                                                                                                        
Alaska Board of Fisheries (BOF)                                                                                                 
Alaska Department of Fish & Game (ADF&G)                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Testified as appointee to  the Alaska Board                                                             
of Fisheries (BOF).                                                                                                             
                                                                                                                                
RICK GEASE, Executive Director                                                                                                  
Kenai River Sportfishing Association (KRSA)                                                                                     
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Michael Smith.                                                                                                                  
                                                                                                                                
KARL JOHNSTONE, Vice Chair                                                                                                      
Alaska Board of Fisheries (BOF)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Michael Smith.                                                                                                                  
                                                                                                                                
CRAIG COMPEAU, Board Member                                                                                                     
Sportsmen for Fish and Wildlife Alaska (SFW)                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  support of the confirmation of                                                             
Michael Smith.                                                                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
6:06:41 PM                                                                                                                    
                                                                                                                                
CHAIR  STEVE  THOMPSON  called the  House  Special  Committee  on                                                             
Fisheries meeting to  order at 6:06 p.m.  Present  at the call to                                                               
order  were Representatives  Thompson, Kawasaki,  Pruitt, Miller,                                                               
and Johnson.                                                                                                                    
                                                                                                                                
^Confirmation Hearings:  Alaska Department of Fish & Game                                                                       
                    CONFIRMATION HEARING(S):                                                                                
                Alaska Department of Fish & Game                                                                            
                                                                                                                                
6:06:52 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON  announced that the  only order of  business would                                                               
be  confirmation  hearings  for various  board  and  commissioner                                                               
appointments.                                                                                                                   
                                                                                                                                
6:07:46 PM                                                                                                                    
                                                                                                                                
CORA  CAMPBELL, Commissioner,  Alaska Department  of Fish  & Game                                                               
(ADF&G), provided a brief biography  of growing up in Petersburg,                                                               
Alaska,  in  a fishing  family.    Additionally, she  provided  a                                                               
summary of  her education  and work in  the fishing  industry and                                                               
political arena.                                                                                                                
                                                                                                                                
6:10:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  a series  of  prepared  question,                                                               
beginning with:                                                                                                                 
                                                                                                                                
     Can you give us your view concerning the priority that                                                                     
     is given to subsistence hunting and fishing in Alaska.                                                                     
                                                                                                                                
COMMISSIONER   CAMPBELL  stated   support  for   the  subsistence                                                               
priority  law  as  set  forth  by  both  the  state  and  federal                                                               
governments.   She stated her belief  that continuing subsistence                                                               
traditions represents an important  use of Alaskan resources, and                                                               
said she intends to manage the department accordingly.                                                                          
                                                                                                                                
6:11:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON continued:                                                                                               
                                                                                                                                
     How will  you work to improve  the relationship between                                                                    
     the  Alaska Department  of Fish  & Game,  the Board  of                                                                    
     Game,  and the  Board of  Fish, and  Alaska subsistence                                                                    
     users.                                                                                                                     
                                                                                                                                
COMMISSIONER CAMPBELL  replied that  dialogue has  been initiated                                                               
with  the named  entities  and  she expressed  a  desire to  work                                                               
cooperatively.    Additionally,  areas of  shared  interests  are                                                               
being identified in order to promote working together.                                                                          
                                                                                                                                
6:12:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked:                                                                                                   
                                                                                                                                
         What will you do to address the ... low salmon                                                                         
     returns.                                                                                                                   
                                                                                                                                
COMMISSIONER CAMPBELL answered that the  low salmon returns are a                                                               
cause for great concern, particularly  the lack of Chinook to the                                                               
Yukon  River.   The  Chinook  salmon are  being  researched on  a                                                               
global  level  to  gain  a   better  understanding  of  the  run;                                                               
utilizing test  fisheries, sonar,  and working through  the North                                                               
Pacific Fisheries  Management Council  (NPFMC) process  to obtain                                                               
by-catch control.                                                                                                               
                                                                                                                                
6:13:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON posed:                                                                                                   
                                                                                                                                
     Most people agree  that we should manage  fish and game                                                                    
     and  wildlife in  our state  upon the  basic scientific                                                                    
     principles.   Can you explain  your knowledge  of these                                                                    
     principles in  which the management of  these resources                                                                    
     is based.                                                                                                                  
                                                                                                                                
COMMISSIONER   CAMPBELL  said   that   three  principles   apply,                                                               
regardless  of the  resource being  discussed:   sustained  yield                                                               
where all populations are managed to  a size that allows for self                                                               
sustainability;  precautionary,   which  states  that   the  more                                                               
uncertainty that  exists in a population  assessment, precautions                                                               
are  taken to  incorporate  a built-in  buffer regarding  harvest                                                               
opportunities;  and   the  eco  system  principle   holding  that                                                               
everything  is interrelated  and  interdependent,  thus a  single                                                               
population should  not be managed  in isolation.   The principles                                                               
would  be applied  differently, depending  on the  resource being                                                               
considered.   Regarding salmon populations  the goal would  be to                                                               
allow harvest in excess of  escapement needs.  When considering a                                                               
population of  long lived,  slow growing  rock fish,  the harvest                                                               
approach would need to be more conservative.                                                                                    
                                                                                                                                
6:15:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON summarized the final question:                                                                           
                                                                                                                                
     Most  of  your  experience is  in  commercial  fishing.                                                                    
     That causes  some concern  for some  of the  other user                                                                    
     groups.  Can you please explain  why it should not be a                                                                    
     concern  for personal  use and  sports fisherman,  that                                                                    
     you as commissioner and all  of your vast experience in                                                                    
     commercial ...  Please help me understand that.                                                                            
                                                                                                                                
COMMISSIONER   CAMPBELL   said   she  routinely   sport   fishes,                                                               
participates in personal  use fisheries, and holds  a respect for                                                               
all of  the resources and  fishery responsibilities.   Citing her                                                               
work at the  governor's office, she said she has  learned to work                                                               
with all users,  has become an advocate for  fisheries first, and                                                               
believes  she will  be  able  to address  issues  in  a fair  and                                                               
balanced way.                                                                                                                   
                                                                                                                                
6:17:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  queried whether she has  plans for helping                                                               
improve the salmon runs and stemming the by-catch issues.                                                                       
                                                                                                                                
COMMISSIONER CAMPBELL responded that  the NPFMC has taken action,                                                               
which is now  being implemented, that places a cap  on the number                                                               
of Chinook that can be taken  by the Pollock toll fisheries.  The                                                               
cap  is being  argued,  but  it's the  first  time  one has  been                                                               
imposed, and represents  a step forward.  The  department is also                                                               
working through the  council process to create  a similar program                                                               
for non-Chinook by-catch,  in the Bering Sea  trawl fisheries, as                                                               
well as to address Chinook by-catch in the Gulf of Alaska (GOF).                                                                
                                                                                                                                
REPRESENTATIVE  MILLER noted  that  the  programs mentioned  were                                                               
entered into prior to her  appointment, and asked whether she has                                                               
any   new    initiatives   to   offer   for    consideration   or                                                               
implementation.                                                                                                                 
                                                                                                                                
COMMISSIONER CAMPBELL  responded that  development of  the Bering                                                               
Sea non-Chinook by-catch, and GOF  Chinook by-catch programs have                                                               
occurred  as  a  result  of  her being  seated  on  the  council.                                                               
Mechanisms   for  cooperative   information  sharing   are  being                                                               
considered, as an alternative to  a hard cap maximum on fisheries                                                               
involved with by-catch limits.                                                                                                  
                                                                                                                                
REPRESENTATIVE  MILLER asked  whether she  has previously  held a                                                               
position that involved hiring and firing.                                                                                       
                                                                                                                                
COMMISSIONER  CAMPBELL said  yes,  although firing  has not  been                                                               
necessary.                                                                                                                      
                                                                                                                                
6:21:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON referred to  the self imposed, one percent                                                               
levy, which  the Bristol Bay  fishermen impose on  themselves for                                                               
salmon development, and inquired how  it works and whether it's a                                                               
model that could be used elsewhere.                                                                                             
                                                                                                                                
COMMISSIONER CAMPBELL said  that the state collects  the levy and                                                               
passes  it  on  to  a Regional  Seafood  Development  Association                                                               
(RSDA).   Members are permit  holders, who have chosen  to assess                                                               
themselves, and are  governed by participants elected  to a board                                                               
of directors, which manage the funds  for the best benefit of the                                                               
fisheries.    She  named  three existing  RSDA's  and  said  that                                                               
provisions  exist to  allow additional  RSDA's to  form, on  this                                                               
model.  To  a follow-up question, she deferred  to the department                                                               
with purview  over the  collection and  disbursement of  the RSDA                                                               
assessments;  the Department  of Commerce,  Community &  Economic                                                               
Development (DCCED).   She clarified  that ADF&G is  not involved                                                               
with the program nor does it provide oversight.                                                                                 
                                                                                                                                
6:25:15 PM                                                                                                                    
                                                                                                                                
CHAIR  THOMPSON   said  that  the   charter  industry   is  being                                                               
devastated by  the recent halibut  regulation changes  imposed by                                                               
the International  Pacific Halibut  Commission (IPHC),  and asked                                                               
whether the  state can take  any action to mitigate  this federal                                                               
mandate.                                                                                                                        
                                                                                                                                
COMMISSIONER CAMPBELL  indicated that the concern  is shared, and                                                               
that the limits may be an  overly restrictive measure to hold the                                                               
charter  fleet to  the halibut  allocations.   The department  is                                                               
attempting to analyze  whether there is a size  limit which would                                                               
be  more   reasonable  than  what  the   federal  government  has                                                               
mandated; other mechanisms are being considered for proposal.                                                                   
                                                                                                                                
6:26:51 PM                                                                                                                    
                                                                                                                                
JULIANNE CURRY,  Director, Petersburg Vessel  Owners Association,                                                               
expressed support for the  confirmation of Commissioner Campbell,                                                               
and stated  her belief that  the appointee  will do what  is best                                                               
for the resource and not favor individual entities or divisions.                                                                
                                                                                                                                
6:28:24 PM                                                                                                                    
                                                                                                                                
GERALD  McCUNE,  Lobbyist,  United  Fishermen  of  Alaska  (UFA),                                                               
expressed support for the  confirmation of Commissioner Campbell,                                                               
and said  that she  provides a  breath of  fresh air,  arrives to                                                               
meetings prepared,  and does  a great  job.   He opined  that she                                                               
will make an excellent commissioner for all Alaskans.                                                                           
                                                                                                                                
6:29:32 PM                                                                                                                    
                                                                                                                                
KARL  JOHNSTONE, Vice  Chair, Alaska  Board  of Fisheries  (BOF),                                                               
expressed support for the  confirmation of Commissioner Campbell,                                                               
and said she is capable of  making advised policy decisions, is a                                                               
leader,  and   focuses  appropriate  attention  on   the  issues.                                                               
Additionally, the  leadership team,  which she has  appointed, is                                                               
excellent.                                                                                                                      
                                                                                                                                
6:31:29 PM                                                                                                                    
                                                                                                                                
RICK   GEASE,  Executive   Director,  Kenai   River  Sportfishing                                                               
Association,   expressed   support   for  the   confirmation   of                                                               
Commissioner  Campbell, stating  that she  is smart,  articulate,                                                               
and approachable.   He opined that concern  for her understanding                                                               
of  scientific issues  has  been unfounded,  as  she has  brought                                                               
herself up to  speed on the research  and established appropriate                                                               
priorities.                                                                                                                     
                                                                                                                                
6:33:53 PM                                                                                                                    
                                                                                                                                
CRAIG  COMPEAU, Board  Member, Sportsmen  for  Fish and  Wildlife                                                               
Alaska  (SFW),   expressed  support   for  the   confirmation  of                                                               
Commissioner  Campbell,  and  said  the Sportsmen  for  Fish  and                                                               
Wildlife (SFW)  board has  been impressed  with her  knowledge of                                                               
the issues  on the game side  of the department, and  opined that                                                               
fisheries  concerns  will  be addressed  as  appropriately.    He                                                               
underscored that  being a  qualified appointee  is not  about the                                                               
thickness of the resume, but the attitude.                                                                                      
                                                                                                                                
6:35:28 PM                                                                                                                    
                                                                                                                                
KEN  LARSEN,   Secretary,  Prince  William  Sound   Charter  Boat                                                               
Association,   expressed   support   for  the   confirmation   of                                                               
Commissioner  Campbell, stating  that  there is  no objection  to                                                               
this  appointment.   However,  the  association would  appreciate                                                               
having  specific considerations  addressed  regarding the  recent                                                               
IPHC  mandate   for  charter  caught  halibut;   statistics  were                                                               
offered.                                                                                                                        
                                                                                                                                
CHAIR THOMPSON closed public testimony.                                                                                         
                                                                                                                                
6:38:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  said  that  opposition  prevailed,  when                                                               
Commissioner  Campbell  was   initially  appointed;  however,  he                                                               
noted, opinions reversed once she assumed the office.                                                                           
                                                                                                                                
CHAIR   THOMPSON   concurred    with   Representative   Johnson's                                                               
observation.                                                                                                                    
                                                                                                                                
^Commercial Fisheries Entry Commission (CFEC)                                                                                   
          Commercial Fisheries Entry Commission (CFEC)                                                                      
                                                                                                                                
6:40:17 PM                                                                                                                    
                                                                                                                                
BENJAMIN BROWN, Appointee,  Commercial Fisheries Entry Commission                                                               
(CFEC),  Alaska Department  of Fish  & Game  (ADF&G), provided  a                                                               
brief  biography of  being a  lifelong Alaskan,  and studying  at                                                               
Georgetown  University.   He continued  at  university, became  a                                                               
lawyer, and  worked in  a variety  of venues  including interning                                                               
with the Honorable U.S. Senator  Ted Stevens, in Washington D.C.,                                                               
as  well as  clerking for  the  Honorable Judge  Larry Weeks,  in                                                               
Juneau.  He  pointed out that he does not  have a vested interest                                                               
in the  fishing industry, which  is a requirement for  sitting on                                                               
the commission.                                                                                                                 
                                                                                                                                
6:44:53 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON asked what brought him to the CFEC.                                                                              
                                                                                                                                
COMMISSIONER BROWN said that when  he learned that there would be                                                               
an  opening on  the commission,  he conferred  with Judge  Weeks,                                                               
among others,  regarding the requirements.   He reported interest                                                               
in  how the  CFEC  process  works and  opined  that learning  the                                                               
jurisprudence of  the commission  is appealing.   Leaving private                                                               
practice  will allow  him to  focus  on a  specific, complex,  if                                                               
arcane, area of law.                                                                                                            
                                                                                                                                
^Alaska Board of Fisheries (BOF)                                                                                                
                Alaska Board of Fisheries (BOF)                                                                             
                                                                                                                                
6:48:13 PM                                                                                                                    
                                                                                                                                
MICHAEL  SMITH,  Appointee,  Alaska  Board  of  Fisheries  (BOF),                                                               
Alaska  Department  of Fish  &  Game  (ADF&G), provided  a  brief                                                               
history of his  life growing up on the banks  of the Yukon River.                                                               
He is an Alaskan Native, and  participated in a number of fishery                                                               
related groups  including serving on the  by-catch committee, the                                                               
treaty  council, and  organizations that  have formed  to address                                                               
the  Yukon Chinook  salmon issues.   He  described a  few of  the                                                               
current fisheries activities he is  involved in, which includes a                                                               
sampling program of the Yukon River Chinook salmon.                                                                             
                                                                                                                                
6:51:46 PM                                                                                                                    
                                                                                                                                
RICK   GEASE,  Executive   Director,  Kenai   River  Sportfishing                                                               
Association, expressed  support for  the confirmation  of Michael                                                               
Smith, stating that  he has been involved, with the  board, for a                                                               
number of  years, has an  understanding of the issues,  and knows                                                               
the importance of  aligning the stakeholders.  He  said Mr. Smith                                                               
is approachable,  well prepared, and  has a broad  knowledge base                                                               
of  the fisheries  in  Alaska, particularly  salmon  issues.   He                                                               
predicted   that   management   issues  will   be   appropriately                                                               
addressed, and said that Mr. Smith  will continue to bring a good                                                               
understanding of the interior to the board.                                                                                     
                                                                                                                                
6:54:38 PM                                                                                                                    
                                                                                                                                
KARL  JOHNSTONE, Vice  Chair, Alaska  Board  of Fisheries  (BOF),                                                               
expressed  support for  the confirmation  of  Michael Smith,  and                                                               
said the BOF is  a daunting task, but Mr. Smith  has proven to be                                                               
approachable,  arrives prepared,  remains  open  minded, and  can                                                               
make hard decisions.                                                                                                            
                                                                                                                                
6:56:29 PM                                                                                                                    
                                                                                                                                
CRAIG  COMPEAU, Board  Member, Sportsmen  for  Fish and  Wildlife                                                               
Alaska (SFW),  expressed support for the  confirmation of Michael                                                               
Smith,   and   underscored   that  Mr.   Smith   is   articulate,                                                               
professional, represents all of Alaska,  and is a good choice for                                                               
the BOF.                                                                                                                        
                                                                                                                                
6:57:47 PM                                                                                                                    
                                                                                                                                
CHAIR  THOMPSON  reminded  members   that  signing  the  reports,                                                               
regarding  appointments  to boards  and  commissions,  in no  way                                                               
reflects  individual  members'  approval or  disapproval  of  the                                                               
appointees, and that the nominations  are merely forwarded to the                                                               
full legislature for  confirmation or rejection.   There being no                                                               
objection,  Chair  Thompson  announced  that the  names  of  Cora                                                               
Campbell, Benjamin  Brown, and Michael  Smith would  be forwarded                                                               
to the joint session of the House and Senate for confirmation.                                                                  
                                                                                                                                
6:58:21 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries  meeting was  adjourned at  6:58                                                               
p.m.                                                                                                                            

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