Legislature(1999 - 2000)
04/26/1999 05:08 PM House FSH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
April 26, 1999
5:08 p.m.
MEMBERS PRESENT
Representative Bill Hudson, Chairman
Representative Fred Dyson
Representative John Harris
Representative Carl Morgan
Representative Harold Smalley
MEMBERS ABSENT
Representative Jim Whitaker
Representative Mary Kapsner
OTHER MEMBERS PRESENT
Representative Alan Austerman
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Board of Fisheries
Grant J. Miller - Sitka
Virgil L. Umphenour - Fairbanks
- CONFIRMATIONS ADVANCED
Dan Kelly Coffey - Anchorage
- CONFIRMATION HELD OVER
HOUSE CONCURRENT RESOLUTION NO. 2
Relating to the sovereignty of the State of Alaska and the
sovereign right of the State of Alaska to manage the natural
resources of Alaska.
- SCHEDULED BUT NOT HEARD
(* First public hearing)
PREVIOUS ACTION
No previous action
WITNESS REGISTER
GRANT J. MILLER, Appointee
to the Board of Fisheries
P.O. Box 6097
Sitka, Alaska 99835
Telephone: (907) 747-7870
POSITION STATEMENT: Testified as appointee to the Board of
Fisheries.
VIRGIL L. UMPHENOUR, Appointee
to the Board of Fisheries
2400 Davis Road
Fairbanks, Alaska 99701
Telephone: (907) 456-3885
POSITION STATEMENT: Testified as appointee to the Board of
Fisheries.
REPRESENTATIVE AUSTERMAN
Alaska State Legislature
Capitol Building, Room 434
Juneau, Alaska 99801
Telephone: (907) 465-4956
POSITION STATEMENT: Asked Mr. Umphenour questions.
GARY HOLLIER
P.O. Box 2965
Soldotna, Alaska 99609
Telephone: (907) 262-5785
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
JOHN HOPKINS
P.O. Box 343
Cordova, Alaska 99574
Telephone: (907) 424-7632
POSITION STATEMENT: Testified in opposition to the appointment of
Virgil Umphenour.
SUE ASPELUND, Executive Director
Cordova District Fishermen United
P.O. Box 939
Cordova, Alaska 99574
Telephone: (907) 424-3447
POSITION STATEMENT: Testified on behalf of Cordova District
Fishermen United in opposition to the
appointment of Virgil Umphenour.
JOHN RENNER
P.O. Box 756
Cordova, Alaska 99574
Telephone: (907) 424-7563
POSITION STATEMENT: Testified in opposition to the appointment of
Virgil Umphenour.
LAIFE WEATHERS
[address not provided]
Telephone: (907) 424-3745
POSITION STATEMENT: Testified in opposition to the appointment of
Virgil Umphenour.
ROBERT HEYANO
P.O. Box 1409
Dillingham, Alaska 99576
Telephone: (907) 842-1053
POSITION STATEMENT: Testified in support of Dan Coffey, Grant
Miller and Virgil Umphenour to the Board of
Fisheries.
KEVIN VANHATTEN, Member
Tanana Chiefs Conference
122 First Avenue
Fairbanks, Alaska 99701
Telephone: (907) 452-08251
POSITION STATEMENT: Testified in opposition to the appointment of
Virgil Umphenour on behalf of the TCC.
RALPH SEEKINS, President
Alaska Wildlife Conservation Association
1605 Old Steese Highway
Fairbanks, Alaska 99701
Telephone: (907) 459-4000
POSITION STATEMENT: Testified in support of Dan Coffey, Grant
Miller and Virgil Umphenour to the Board of
Fisheries.
DREW SCALZI, Representative
Kenai Peninsula Borough Assembly
41685 Redoubt Circle
Homer, Alaska 99603
Telephone: (907) 235-6359
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries on behalf of
the Kenai Peninsula Borough Assembly.
STEVE VANEK
P.O. Box 103
Ninilchik, Alaska 99639
Telephone: (907) 567-3470
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
JOHN MCCOMBS
P.O. Box 87
Ninilchik, Alaska 99639
Telephone: (907) 567-3334
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
BILL GRANGER
P.O. Box 1162
Soldotna, Alaska 99669
Telephone: (907) 262-1284
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
RION VANEK
P.O. Box 251
Ninilchik, Alaska 99639
Telephone: (907) 567-7394
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
STEVE TVENSTRUP
4928 Beaver Loop
Kenai, Alaska 99611
Telephone: (907) 283-3482
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
JOE MALATESTA, SR.
P.O. Box 318
Clam Gulch, Alaska 99568
Telephone: (907) 567-3419
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
CHUCK ROBINSON
P.O. Box 3519
Soldotna, Alaska 99669
Telephone: (907) 262-9164
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
DON FOX
P.O. Box 2971
Kodiak, Alaska 99615
Telephone: (907) 486-4738
POSITION STATEMENT: Testified in opposition to the appointment
of Virgil Umphenour.
SKIP BOLTEN
P.O. Box 2852
Kodiak, Alaska 99615
Telephone: (907) 486-4099
POSITION STATEMENT: Testified in opposition to the appointment
of Virgil Umphenour.
AL GEISER
Speaking for VIRGINIA ADAMS
P.O. Box 315
Kodiak, Alaska 99615
Telephone: (907) 486-7559
POSITION STATEMENT: Read a letter from Virginia Adams in
opposition to the appointment of
Virgil Umphenour.
BRUCE KNOWLES
P.O. Box 873206
Wasilla, Alaska 99687
Telephone: (907) 745-4965
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
RICHARD GRAHAM
P.O. Box 871495
Wasilla, Alaska 99687
Telephone: (907) 376-2137
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
JAMES CHESBRO
P.O. Box 1093
Palmer, Alaska 99645
Telephone: (907) 376-5433
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
BOB MARTINSON
900 Iriquois Drive
Wasilla, Alaska 99654
Telephone: (907) 373-2627
POSITION STATEMENT: Testified in opposition to the reappointment
of Virgil Umphenour.
KORY BLAKE
P.O. Box 1706
Palmer, Alaska 99645
Telephone: (907) 376-8325
POSITION STATEMENT: Testified in opposition to the reappointment
of Virgil Umphenour.
RON WILSON
P.O. Box 760
Willow, Alaska 99688
Telephone: (907) 495-7700
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
ROBERT HALL
Representing the Houston Chamber of Commerce
P.O. Box 871906
Wasilla, Alaska 99687
Telephone: (907) 373-6555
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
ERIC JORDAN
103 Gibson Place
Sitka, Alaska 99835
Telephone: (907) 747-6743
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
TIM SMITH, President
Nome Fishermen's Association
P.O. Box 747
Nome, Alaska 99672
Telephone: (907) 443-5352
POSITION STATEMENT: Testified in opposition to the reappointments
of Dan Coffey, Virgil Umphenour to the Board
of Fisheries on behalf of the Nome
Fishermen's Association.
ERIC OSBORNE
P.O. Box 1738
Nome, Alaska 99762
Telephone: (907) 443-7256
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
CARL ROSIER, Representative
Alaska Outdoor Council
8298 Garnet Street
Juneau, Alaska 99801
Telephone: (907) 789-9117
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
DEAN CURRAN
P.O. Box 42
Cordova, Alaska 99473
Telephone: (907) 424-7642
POSITION STATEMENT: Testified in opposition to the reappointment
of Virgil Umphenour.
DENNY WEATHERS
[Address not provided]
Cordova, Alaska 99473
Telephone: (907) 424-3745
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
THEA THOMAS, Board of Directors
Copper River Salmon Producers Association
P.O. Box 1566
Cordova, Alaska 99574
Telephone: (907) 424-5266
POSITION STATEMENT: Testified in opposition to the reappointment
of Virgil Umphenour.
DALE BONDURANT
31864 Moonshine
Soldotna, Alaska 99669
Telephone: (907) 262-0818
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
GRACE KENDELL
P.O. Box 2523
Soldotna, Alaska 99669
Telephone: (907) 262-6130
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
JOE CONNORS, President
Kenai River Professional Guide Association
P.O. Box 1085
Sterling, Alaska 99672
Telephone: (907) 262-9496
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
MARILYN KEENER
P.O. Box 2833
Kenai, Alaska 99611
Telephone: (907) 283-9513
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
PHIL SQUIRES, President
United Cook Inlet Drift Association
P.O. Box 1231
Kenai, Alaska 99611
Telephone: (907) 283-3600
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
LARRY VANSKY
HCR 1, Box 1330
Kenai, Alaska 99611
Telephone: (907) 776-8627
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
MARK DUKER
23259 South Cohoe Loop
Kasilof, Alaska 99610
Telephone: (907) 262-7989
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
PAUL SHADURA
P.O. Box 1632
Kenai, Alaska 99611
Telephone: (907) 262-1771
POSITION STATEMENT: Testified in opposition to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
MEL ERICKSON, Representing
Deep Creek Charter Boat Association
P.O. Box 1127
Soldotna, Alaska 99669
Telephone: (907) 262-2980
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
DON JOHNSON
P.O. Box 876
Soldotna, Alaska 99669
Telephone: (907) 262-7893
POSITION STATEMENT: Testified in support to the appointments
of Dan Coffey, Virgil Umphenour and Grant
Miller to the Board of Fisheries.
ACTION NARRATIVE
TAPE 99-12, SIDE A
Number 0001
CHAIRMAN BILL HUDSON called the House Special Committee on
Fisheries meeting to order at 5:08 p.m. Members present at the
call to order were Representatives Hudson, Dyson, Morgan, and
Smalley. Representative Harris joined the meeting at 6:25 p.m.
CONFIRMATION HEARINGS
Number 0060
CHAIRMAN HUDSON announced that the committee would consider three
nominees for the Board of Fisheries; they would listen to the
nominees and then to the public testimony. He indicated that
resumes were provided by all appointees.
Number 0238
GRANT J. MILLER, Appointee to the Board of Fisheries, testified via
teleconference from Sitka. He stated that he has been a commercial
fisherman for over 31 years and has been on the Board of Fisheries
for three years. He indicated that he appreciates the group of
people that he works with; there is a great deal of integrity and
concern for the resource. He is happy to be a part of the team and
that is the main reason he wants to continue to be on the Board of
Fisheries. Another reason is that they have started a committee
with the intent of producing a policy for the state for sustainable
fisheries. The project is well under way and he would like to see
it all the way to completion. He feels it is something that the
state can hold up to the rest of the country showing that Alaska
can maintain sustainability of its resources.
MR. GRANT further stated that he would like to put a word in for
his fellow board members; Virgil Umphenour and Dan Coffey. He said
that Mr. Umphenour has been a real asset to the board; his concern
for the resource has been primary and his concern for people who
have little to work with out of the resources in their area says a
lot about who he is and what he cares about. Mr. Coffey is a
tremendous organizer and has made the function of the board
extremely efficient. He added that all of these things have
contributed to an effective board and he is glad to be apart of it.
REPRESENTATIVE DYSON said that he is assuming there will be
testimony from Cook Inlet fishermen in opposition to the
reappointments of Mr. Grant, Mr. Coffey and Mr. Umphenour. He
wondered what Mr. Grant's perception is as to why Cook Inlet
fishermen are cross with them and what the issues are.
Number 0605
MR. GRANT responded that the meeting with regards to Cook Inlet the
Board of Fisheries passed an additional closure date for the drift
gillnet fleet and he believes that is why there is a considerable
amount of animosity. He indicated that it was a difficult decision
because he knows how hard it is to give up fishing time. He said
that his primary concern was the fact that some weak stocks were
passing through the Cook Inlet fishery and there was little
information on them. His tendency was to err on the side of
conservation with regards to those stocks. He feels that the
Northern district setnetters have had limited opportunity to
harvest in the past few years and he thought that the closure would
bump a few more fish into their fishery as well as pushing more
fish up into the system of the Kenai River. He pointed out that he
also made two motions following the vote on the closure that would
restrict the potential for the closures to occur. One was to
provide for a certain level of return during which the closure
would happen and the other was to extend the days during which the
closure could take place; therefore, it is possible that the
closure could take place after the peak of the run so that it would
have minimal impact.
Number 0781
REPRESENTATIVE DYSON wondered if Mr. Miller would catagorize the
disagreement as being between the commercial fleet and conservation
as opposed to between the commercial fleet and the sport fishing
industry.
MR. MILLER explained that he thinks it is a matter of perception on
the part of those who were unhappy with that decision, but he would
catagorize it as a disappointment between the drift gillnet fleet
and the additional protection from the weaker stocks and some
additional fishing time for the Northern district setnetters.
REPRESENTATIVE SMALLEY mentioned he is from the Cook Inlet area.
He asked Mr. Miller what he thought the responsibility of the
Alaska Department of Fish and Game (ADF&G) was with regards to the
management of fisheries in Alaska and what the Board of Fisheries
responsibility was with regards to fisheries.
MR. MILLER replied that the responsibilities for both are basically
the same. He thinks ADF&G's responsibility is to ensure that there
is a continued resource or that there is sustainability; the same
applies to the Board of Fisheries.
REPRESENTATIVE SMALLEY wondered, with regards to a sustainable
fishery, if Mr. Miller thinks it is possible for the Board of
Fisheries to ensure a sustainable fishery in Alaska.
Number 0980
MR. MILLER said that he believes it is possible, but that there are
a lot of other factors, which include: reduced budgets,
insufficient enforcement and lack of data. It is very difficult to
manage for sustainability without the information; it would be a
lot better if there was more research and more data on the returns.
REPRESENTATIVE SMALLEY requested clarification on whether or not
Mr. Miller thought there was sufficient biological data to support
this type of policy.
Number 1069
MR. MILLER stated that he thinks in some areas the amount of data
is greater than in others, particularly in Southeast where there is
a considerable amount of data, but in many areas of the state it is
difficult to collect the data and very expensive.
REPRESENTATIVE SMALLEY asked if it would be more appropriate for
the state to have a sustainable fishery policy developed by the
ADF&G, Department of Natural Resources (DNR) and the Department of
Environmental Conservation (DEC), rather than by the Board of
Fishery.
MR. MILLER replied no. He said that he believes it would not be
better to have DNR or the DEC develop the policy. Even when he was
not on the Board of Fisheries and was a fishermen his experiences
with DNR and DEC were not favorable. He has a lot more faith in
ADF&G and with the current Board of Fisheries. He believes that
the current board can accomplish what they need to with the limited
amount of information they have.
CHAIRMAN HUDSON stated that he has received testimony expressing
concern about a bias by certain board members toward hatcheries.
MR. MILLER stated that a certain board member feels that the
hatcheries have had a negative impact on the marketability of the
resource from his area. Mr. Miller indicated that he has a some
what different opinion, but he thinks each hatchery situation needs
to be looked at and assessed individually and that they cannot be
addressed in a broad sweeping way.
Number 1256
CHAIRMAN HUDSON said, as Mr. Miller probably knows, the legislature
is up against the wall on the subsistence issue. He wondered if
Mr. Miller or the other board members have had a chance to discuss
the ramifications that it may have with regards to the Board of
Fisheries roll with the fisheries at large.
MR. MILLER responded that he was not sure if he understood the
question being asked, but the board members have had some casual
conversations with regards to the ramifications that the federal
management of fisheries would have, and none of them feel very
positive about it. A good example is the Beluga whale stock
management issue in Cook Inlet; if the Board of Fisheries would
have had jurisdiction over that they would not have let a situation
of that nature go as far as it did.
Number 1339
REPRESENTATIVE SMALLEY wondered why there is a new committee
process if local advisory committees have advised the board for
over 40 years.
MR. MILLER stated that the advisory committee process is first
class and he feels that it needs to be empowered even more. He
also thinks that the committee process, in terms of going to each
community, has been invaluable. He said, "It is not a matter of
one or the other, it is a matter of the more opportunity there is
to get information the more information they are going to get."
REPRESENTATIVE SMALLEY commented that in the last meeting in
Soldotna it appeared that the new committee process kind of
circumvented public input because once the committee came up with
a decision that's the way it was going to be.
MR. MILLER indicated that he was not sure he saw it that way. He
said that they had some concerns about what came out of committee
and not allowing the public to respond. They made some adjustments
to that so the public could see what came out of committee and
respond at that time. He said he doesn't feel that the board is
shutting anything off; if anything, they are opening more doors.
CHAIRMAN HUDSON asked if Mr. Miller is currently participating in
a fishery as a permit holder, crew member or sport fisherman.
MR. MILLER replied that he is currently a commercial fisherman and
has a herring bait pound operation. He said that he passed his
seine, troll and long line permits over to his son.
VIRGIL L. UMPHENOUR, Appointee to the Board of Fisheries, testified
via teleconference from Fairbanks. He stated that he has lived in
Alaska since 1971 and has been on the Board of Fisheries for the
past five years. He bought a commercial fish wheel license for the
upper Yukon in 1984 and fished with that until 1995 when he turned
it over to his son. In 1985 he started a fish processing business
in Fairbanks, which he is currently operating. They process
commercial-caught fish primarily from the upper Yukon district.
They also process subsistence-caught fish and do custom processing
of wild game. He indicated that the reason he wants to stay on the
Board of Fisheries is similar to what Mr. Miller said; they have a
very good team, they are very responsive to the public, the
sustainable fishery process is important and it is important to
have a policy that will answer some of the questions that the board
has on sustainability. He also noted that the current composition
of the board is very balanced and he supports the confirmation of
Mr. Miller and Mr. Coffey.
Number 1712
REPRESENTATIVE SMALLEY asked Mr. Umphenour what he considers to be
a commercial mixed stock fishery.
MR. UMPHENOUR replied that a mixed stock fishery is a fishery that
harvests fish that are destined for more than one place; therefore,
it is a general rule that the management biologists do not have any
means to assess the strength of the individual stocks that make up
the mixed stock.
REPRESENTATIVE SMALLEY asked Mr. Umphenour what his viewpoint is on
cost recovery of aquaculture programs.
MR. UMPHENOUR stated that his viewpoint on cost recovery is that it
should be reasonable. The original purpose for the hatchery
enhancement program in the state was to rebuild depressed wild
salmon stocks; therefore, the cost recovery process is suppose to
generate operating funds to operate hatcheries in order to rebuild
the depressed stocks. Whenever an aquaculture association or a
hatchery harvests more of the hatchery-produced stocks then the
common property is allowed to harvest, he feels they are defeating
the purpose. There are cases where the cost recovery harvest is
100 percent of the harvest.
Number 1830
REPRESENTATIVE SMALLEY wondered who should implement policy
regarding the fishery source in Alaska.
MR. UMPHENOUR responded that the legislature has given that
authority to the Board of Fisheries.
CHAIRMAN HUDSON asked the same question that he asked Mr. Miller
with regards to the testimony he has received expressing concern
about a bias by certain board members toward hatcheries. He said
that some folks seemed to believe that Mr. Umphenour had a conflict
of interest.
Number 1887
MR. UMPHENOUR indicated that some people consider him biased and
prejudice against the hatcheries. He stated that he is not
prejudice against hatcheries, but he does question when the
hatchery system was set up in the state it was set up to rebuild
and rehabilitate depressed wild salmon stocks. The way it was set
up is that each region could have regional planning teams. Those
regional planning teams would decide what their production would be
without any thought given to what the impact would be on other
regions of the state; therefore, in a situation like that a small
region of the state is allowed to take public funds from the state
and they expend these public funds and they are allowed to set what
the production and marketing is going to be. When they compete
against private enterprise and increase the production it is a
situation like in Prince William Sound. In the 1980s the wild
catch of chum salmon averaged between 1.1 and 1.2 million fish,
where the hatchery production was around 100,000 and now in the
1990s it has flip flopped; the harvest of the wild chum salmon is
between 100,000 to 150,000 and they are harvesting an excess of 1
million hatchery produced chum salmon. There is a lot of concern
about the competition of the wild salmon with the hatchery salmon.
He indicated that DIPAC (Douglas Island Pink and Chum) have been
releasing chum salmon smolt near the mouth of the Taku River. The
Canadian biologists are concerned that the wild chum salmon stocks
that enter the river are being out competed by the hatchery chum
salmon smolts that are being released from the hatchery to the
extent that the wild chum salmon are approaching the endangered
species mode.
Number 2963
REPRESENTATIVE AUSTERMAN mentioned the last cycle in Anchorage
created a problem with bottom fishing statewide. He said he has
received a number of calls indicating that Mr. Umphenour is more
concerned with the in-stream fishery and that he is out to
basically do away with the bottom fisheries in Alaska.
MR. UMPHENOUR believes resident small-vessel fishermen (in the
smaller communities) should not have to compete against very large
(hard-on-bottom) trawlers, including mid-water trawlers that come
up from Washington state where the majority of them are owned by
large corporations. For example the Bank of Norway uses "American
Seafoods" as their name to mislead the American public when it's a
primarily Norwegian-owned company. He emphasized the people of
Alaska should have the first shot at the resources.
REPRESENTATIVE AUSTERMAN pointed out that the bottom fishery and
whitefish industry is the larger fishery in Alaska and that a lot
of that is offshore, however, most of the Alaska fleets would not
be able to participate due to the size of their vessels.
Number 2217
MR. UMPHENOUR explained the board only regulates out to the
three-mile limit in the groundfish fisheries. However, the board
regulates that entire crab fishery to the 200-mile limit because
the North Pacific Fisheries Management Council gave that authority
to the state. He further stated that the board is very concerned
with the by-catch and the manner in which by-catch is counted in
these trawl fisheries. The board did convince the North Pacific
Fisheries Management Council to lower the cap on king salmon in the
Bering Sea last February due to the by-catch of salmon and other
species that do affect our inshore salmon fishermen because they
just kill them and pitch them overboard. He reiterated that he is
very supportive of Alaskans having the first shot at catching
whatever the harvest is and employing people in the state because
the majority of the large fleet (which fishes offshore) employees
aren't even citizens of this country we should employ Alaskans
first.
REPRESENTATIVE AUSTERMAN asked Mr. Umphenour, "If a dragger out of
Kodiak, or Unalaska, or Chignik, as long as his fishing within the
three-miles and he's Alaskan-owned, you don't have a problem."
MR. UMPHENOUR replied he has a problem if he's hard-on-bottom
trawling.
REPRESENTATIVE AUSTERMAN asked what about mid-water.
MR. UMPHENOUR stated that he can see mid-water trawling as long as
it's done in a responsible manner.
Number 2337
REPRESENTATIVE SMALLEY asked, with an increased demand on a
fully-utilized fishery, what factors do you consider when
allocating the resource.
MR. UMPHENOUR replied that he goes by the board's allocation
criteria.
REPRESENTATIVE SMALLEY asked how would you elaborate on that.
MR. UMPHENOUR said the first thing the board addresses is the
history of the fishery, number of participants in the fishery,
where they live, whether the fishery is going to provide
recreational activities for residents and nonresidents of the state
and whether the fishery is going to provide fish to put on the
Alaskan's dinner table.
REPRESENTATIVE SMALLEY asked what is the future of commercial
fisheries and the guided sports fishing industries on Cook Inlet
and its tributaries.
Number 2360
MR. UMPHENOUR pointed out, with the growing demand for the limited
resources, sport fish guides are going to have to be regulated. He
mentioned that he has worked with Representative Austerman during
the last two years in an attempt to get the sport fishing guiding
industry regulated and until we regulate them, were going to
continue to have problems. Mr. Umphenour stated, "With growth of
that fishery and with people coming up from outside and declaring
their self a sport fish fisherman and paying for a guide, and all
they have to do is pay $50 and declare themselves one, and they are
one with absolutely no ethics, conduct - or anything to regulate
them, other than just the regulations that the boards passed and
all we can do is regulate methods and means and seasons and bag
limits, we can't regulate them. I see a lot of problems there and
the board is going to have to keep regulating the seasons and the
bag limits so that we make the pie even smaller for the
individuals. ... And a lot commercial fishermen are complaining
that their seasons have been shortened. The reason their seasons
have been shortened has been primarily because their efficiency has
increased with modernization and whenever, regardless of whether
their season shortened or not, if they're catching the same amount
of fish, or a larger amount of fish, then that's all the board can
do because we're mandated by the legislator to manage the fisheries
for sustainable yield. ... We just have to keep restricting and I
see more restrictions in the future as efficiency continues to
increase and as the population increase and because we haven't been
able to get the legislature to pass a statute to regulate sport
fish guides."
Number 2499
REPRESENTATIVE AUSTERMAN said there were two incidents in Kodiak.
The first one dealt with the sport fish industry and the second
with the limit of five kings. He noted that the advisory board
made recommendations yet those recommendations weren't followed by
the board. He asked Mr. Umphenour if he wanted to comment.
MR. UMPHENOUR indicated that was a very heated issue. He said the
advisory committee could not reach a consensus and that there was
a big dispute between the vice-chair of the advisory committee in
Kodiak and some of the other people on that committee. The board
did what they thought was the best thing to do with the least
amount of economic hardship to the people involved.
REPRESENTATIVE AUSTERMAN remarked that's not what he recalls. He
said he will have to pull the record on that issue.
MR. UMPHENOUR further explained that the board received a lot of
testimony and written documentation. He suggested Representative
Austerman obtain a copy of the minority and majority reports.
[The following witnesses testified via teleconference].
Number 2646
GARY HOLLIER testified from Anchorage in opposition to the
confirmation of Dan Coffey, Virgil Umphenour and Grant Miller to
the Board of Fisheries. He noted that he was born in Alaska, and
hired 17 people last summer, 11 of which were born and raised in
Alaska, including two Alaska Natives. He worked hard for what he
has and doesn't feel that the board has given him a fair shake.
MR. HOLLIER said the board met seven times in the last four years
and has hammered on his business with new regulations without
biological data. He urged the members not to confirm Dan Coffey,
Virgil Umphenour or Grant Miller, because the current board has put
Alaska's fishery on its knees. He remarked that Governor Knowles
said he wants the jobs for Alaskans, yet his board has destroyed
many family businesses by his appointments to the board. Mr.
Hollier stated, "How can commercial fishermen get a fair shake by
dancing with Dan Coffey when he helped author the fish initiative
which would have put commercial fishermen out of business? Three
years ago the Board of Fish [Fisheries] raised escapement goals in
the Kenai River from 700,000 to 850,000 and wanted an update from
the [Alaska] Department of Fish and Game (ADF&G) as far as to what
the impact was. [The Alaska Department of ]Fish and Game ... said
(this year) that the Kenai River, Russian River watershed, was the
number one most impaired watersheds in the state of Alaska but no
damage could be accounted for by boat wakes or angler pressure. To
me this is a joke, ... then they went and raised escapement goals
this year to l.2 million - I don't think they're good stewards for
the resource. I think Dan Coffey leads the board along with Doctor
White, the rest of the people just follow." Mr. Hollier concluded
that if you can find new individuals who aren't so biased, you can
give the people of the Kenai Peninsula Borough a fair shake. The
Kenai Peninsula Borough realizes what great harm the current Board
of Fisheries has done to the Kenai Peninsula Borough and its
citizens.
Number 2767
JOHN HOPKINS testified from Cordova in opposition to the
reappointment of Virgil Umphenour noting that he is an Alaska
Native and that he would like to respond to a few inflammatory
remarks that Mr. Umphenour made last week. Mr. Hopkins said the
PWSAC (Prince William Sound Aquaculture Corporation) debt probably
would have been in fine shape if "we" had not helped the state out
by taking over the two hatcheries that the state was having
difficulty managing. And had we known the effects of the oil
spill, we may have chosen a different plan. He said he does not
believe PWSAC would be allowed to produce salmon to the detriment
of wild stocks, PWSAC is being watched closely by ADF&G and other
state agencies, to allow any harm to come to wild stocks would be
against their rules. As for the Copper River Flats, any person
with an inkling of common sense would realize that it is not to the
best interest of any commercial fisherman to even think of wiping
out the fishery. He said the drift gillnetters on the Copper River
work hard with ADF&G to make suggestions which makes management
easier for ADF&G and allows them to be part of the team. For this
reason, they have experienced record runs of king salmon and
sockey. He concluded that their most important reason to be
conservation-minded is because they would like their children to
fish and to be able to eat the salmon because it is the best food
in the world. Mr. Hopkins said, "This is why I am opposed to Mr.
Umphenour's reappointment because he is uninformed and he doesn't
try to find out the facts and he shouldn't be allowed to be making
important decisions for this state or its people."
Number 2884
SUE ASPELUND, Executive Director, Cordova District Fishermen
United, testified from Cordova in opposition to the confirmation of
Virgil Umphenour on behalf of the Cordova District Fishermen
United, because they believe that the board and the public's
interest would be better served by the (indisc.) and unbiased
appointee, one who is clearly able to ascertain the facts and is
able to treat the public with respect. "We believe Mr. Umphenour
demonstrated prejudices and unwillingness to critically examine the
facts should preclude him from further service on the board. The
issues facing our industry are diverse. They demand the kind of
knowledge, skills and abilities that come from a broader scope of
experience than which currently exists on the board. We believe
that the appointment of someone other than Mr. Umphenour could
provide for improved balance and performance."
Number 2905
JOHN RENNER testified from Cordova in opposition to the
reappointment of Virgil Umphenour to the board noting he personally
witnessed Mr. Umphenour's outburst at the last board meeting and
that he repeats inaccurate facts. Subsequently the board went into
an executive session and asked the public to leave. He said Virgil
Umphenour is biased on his lack - Prince William Sound is important
to Cordova, he is biased on the Copper River, he has a conflict of
interest because he processes poundage out of the upper Copper
River, so of course he doesn't want a commercial fishery on the
lower Copper River. However, it has been managed affectively and
conservatively for 100 years, and it has been increasing to record
numbers. Mr. Renner stated, "The percentage of harvest by species,
by user-group on the Copper River, the percentage of that are
raising are up-river, sir, not down-river."
MR. RENNER said he is also very concerned with the new subcommittee
system that the board has gone to.
TAPE 99-12, SIDE B
MR. RENNER continued. "We have no input when things happen in
subcommittees and it's a whole different system than we've been
dealing with for years. I hope you could see it to appoint someone
who listens to facts and is less biased and can retain the facts.
Please don't reappoint Mr. Umphenour."
Number 2937
LAIFE WEATHERS testified from Cordova in opposition to the
reappointment of Virgil Umphenour to the Board of Fisheries noting
that he is a commercial fisherman in Prince William Sound. He
strongly urged the committee not to confirm Virgil Umphenour to the
Board of Fisheries because he has shown himself to be prejudice
against the Copper River drift gillnetters by telling lies about
the fishery. An example is comparing drift beach seining to drift
gillnetting for kings.
Number 2899
ROBERT HEYANO testified from Dillingham in support of Dan Coffey,
Grant Miller, and Virgil Umphenour to the Board of Fisheries. He
noted that he is a lifelong resident of the Dillingham area and is
a second-generation commercial fisherman and has represented the
local advisory committee for a number of years and worked with a
number of different Board of Fisheries members. He believes these
three members are doing a very good job, he finds them very
accessible during the meetings to discuss Dillingham's position
with them, he finds them knowledgeable in the fisheries' issues,
and they are willing to let the stakeholders work out compromises
on allocation issues. Mr. Heyano added that he finds the new
subcommittee very positive because it provides board members with
a lot more detailed information than the previous system did.
Number 2818
KEVIN VANHATTEN, testified from Fairbanks on behalf of the Tanana
Chiefs Conference in opposition to the reappointment of Virgil
Umphenour. He said the basis for our lack of support is due to the
problems that have arisen in the communities on the Koyukuk River.
Mr. Vanhatten further stated, "As you know Mr. Umphenour is a big
game guide in that area of the state and some issues concerning the
sensitivity of the Koyukuk River has been brought to our attention
regarding his operations there. Due to those reasons, we cannot
support Virgil Umphenour reappointment to the Board of Fisheries."
Number 2769
RALPH SEEKINS, President, Alaska Wildlife Conservation Association
testified from Fairbanks in support of the reappointment of Virgil
Umphenour to the Board of Fisheries. He said the Alaska Wildlife
Conservation Association thinks his perspective to the Board of
Fisheries is important especially for the people who live in the
Interior of Alaska.
Number 2757
DREW SCALZI, Representing the Kenai Peninsula Borough Assembly,
testified that the assembly chose by resolution last Tuesday to ask
the legislature to not reappoint the three incumbents to the Board
of Fisheries, noting he has been on the assembly for approximately
seven years, and in that time they have taken many steps to ensure
the health of the Kenai River. He said the assembly has taken
economically-valued selected land along the river and placed it in
preservation status, they have given part of the land back to the
state so it could be used for critical buffer areas, and they
struggled for two years with their first step of zoning in
establishing a 50-foot buffer along the Kenai River on both private
and public lands. Mr. Scalzi indicated they had much resistance
this, a lot of them were absentee property owners from Anchorage,
but nevertheless, after two years of compromising the ordinance
passed. And with the cooperation of the state, federal and borough
cooperation they came about with the Kenai River Center. He
emphasized that he brought these issues up to show that the Kenai
Peninsula Borough has stepped up both financially and with
legislation to protect and enhance the Kenai River and the assembly
does not feel that the Board of Fisheries is acting in the river's
best interest.
MR. SCALZI further stated that it was interesting to hear Mr.
Umphenour comment on what should be done regarding the amount of
pressure that the guides put on the river. However no action has
been taken, it seems that the only action they see from the Board
of Fisheries each year is that they curtail the commercial salmon
catch. By changing the terms of managing of sockey for commercial
in the management plan, and increasing the acceptable escapement
levels to 1.2 million sockey, the board has affectively allowed the
river to reach potentially high and low fluctuations and the result
of which will be economically disastrous for the commercial
industry and biologically unacceptable as anyone knows the
ramifications of over escapement and these escapement levels have
far exceeded the recommended limits of the Alaska Department of
Fish and Game.
Number 2609
STEVE VANEK testified from Ninilchik in opposition to the
confirmation of the three board members. He said Dan Coffey, Grant
Miller and Virgil Umphenour have had an agenda for Cook Inlet since
they were first appointed, that their agenda was to reduce the
catch of all salmon by commercial fishermen in the central
district. They began by generating their own anti-commercial
fishing proposals out-of-cycle and were prepared to act on them
without public comment. There was such a public outcry, from
around the state, that Mr. Coffey apologized for circumventing the
public process. Mr. Vanek stated, "Mister Miller said he was
concerned about weak stocks. What did he do about the northern
district setnetters and the sport fishermen? Shouldn't everyone
share the burden, why just the drift gillnetters? He said he
wanted to pass more fish to the northern district setnetters, how
does that protect weak stocks."
MR. VANEK noted the second reason he is opposed to the three board
members is because they have destroyed the advisory committee and
the public process through Mr. Coffey's board appointed
subcommittees and that the new board committee process makes a joke
out of the local advisory committee. Mr. Vanek stated, "We who
represent the public, from our area, must sit down on a board
subcommittee equally with special interest groups. Elected
advisory committee members have no more influence on a single
person representing a special interest. All important occur in
these subcommittees, so why would I want to waste my time on a
local advisory committee anymore, why should the public waste their
time testifying before the board anymore. This board committee
process takes more time and produces volumes of more paperwork, it
must go and so must these three board members who promoted it."
Number 2501
JOHN MCCOMBS testified from Kenai in opposition to the
confirmations of Dan Coffey, Virgil Umphenour and Grant Miller to
the Board of Fisheries. He explained the present Board of
Fisheries came to Soldotna last winter and put more fish and more
people on the Kenai River and did nothing to mitigate habitat
degradation - fish don't spawn on boardwalks. Actions taken by
this board restricted the drift fleet by removing three best
openings without financial consideration mandated by their own
allocation criteria. The present board allocated fish to
nonresident sport fishermen, taking them from resident commercial
fishermen. Mr. McCombs said the state constitution stipulates
against allocating natural resources to nonresidents, if this was
gold, or oil or timber, such an allocation would not be tolerated.
MR. MCCOMBS continued. "This board circumvented the advisory
committee, instituted a new committee process without the
traditional public notice or comment period. Columbia Wards
Cannery closed their doors in Kenai, Icicle Seafood in Homer has
chosen not to rebuild - net loss 200-300 jobs - both companies
stating the difficulty of trying to do business in a hostile
regulatory environment. Is this the purpose and function of the
Board of Fish to close businesses, bankrupt fishermen, allocate
resources and redistribute jobs and dollars? Ninety percent of the
state's total sport and commercial-economic value is not
represented by this board. There are three Cook Inlet sport fish
advocates on the present board. Geographic and economic
representation has never been worse. Without armed guards, without
hiding behind the gavel, come back to Soldotna and explain how the
board justifies killing so many jobs on the Kenai Peninsula. I
urge you not to confirm Grant Miller, Virgil Umphenour, or Dan
Coffey."
Number 2369
REPRESENTATIVE SMALLEY said he heard another cannery was closing
down on the Kenai River and noted that it was purchased. He asked
Mr. McCombs if that was correct.
MR. MCCOMBS replied yes, other processors are also going to work in
one facility and they're going to combine their efforts and thus
trying to keep their overhead down to stay in business this summer.
Number 2371
BILL GRANGER testified from Kenai in opposition to the
confirmations of Dan Coffey, Virgil Umphenour and Grant Miller to
the Board of Fisheries, noting that he has lived on the Kenai
Peninsula for 28 years and has been a commercial fisherman for 21
years, 5 years as a permit holder. He said he attended the Alaska
Board of Fisheries meeting in Soldotna and was appalled at the way
the board was conducted. He said overwhelming public comment to
the board was met with deaf ears - it became obvious to him that
the board came to town with an agenda which was designed to destroy
the commercial fishing industry in Cook Inlet. He emphasized that
he is asking the legislature to withhold the confirmation of Dan
Coffey, Virgil Umphenour and Grant Miller.
Number 2315
RION VANEK testified from Kenai in opposition to the confirmations
of Dan Coffey, Virgil Umphenour and Grant Miller to the Board of
Fisheries, noting that he is a Cook Inlet drift gillnet fisherman.
He said the current board has affected the inlet's fishery and his
livelihood dramatically. With no representation on the Board of
Fisheries from his area this board has made sweeping changes
without any regard to the economic consequence brought upon the
industry and the Kenai Peninsula. Mr. Vanek stated, "On a more
personal level, this board has brought considerable hardship to me
and my family. I bought a permit to enter a fishery with a
longstanding tradition of support by the state. One agency brings
stability by issuing and monitoring ownership of the limited
fishing rights, another agency lends money to people like me
indebting them to the state in order to keep permits in the hands
of Alaskans and provide them with opportunities. The third agency
is supposed to make sure the resource remains stable and healthy,
this third agency has instead become a vehicle for special interest
to rob commercial fishermen of their livelihood or even their
ability to make payments to the second agency. This Board of
Fisheries has not provided stability or health to the resource. We
need to have people on the Board of Fisheries who care about the
resource and understand the economics involved with closing down
our fishing industries. Increasing escapement levels, in an
already over-escaped river, shows disregard for the recourse and
even less regard for the well-being of fishing families."
Number 2231
STEVE TVENSTRUP testified from Kenai in opposition to the
confirmations of Dan Coffey, Virgil Umphenour and Grant Miller to
the Board of Fisheries, noting that he was born and raised in
Alaska and currently obtained a commercial fishing permit. He said
Grant Miller indicated that there was a few commercial fishermen
not happy with the process, and the processes that he has been in
with the Board of Fisheries for the last six years have been "take,
take, take," from the commercial fisheries. If they're worried
about weak stocks, the local Department of Fish and Game will shut
it down, for example in 1998 the drift fishermen shutdown for most
of the season by the Board of Fisheries. Mister Tvenstrup
emphasized, "There's got to be some changes here. We have to have
some representation on the commercial fisheries and on the Kenai
Peninsula here. There's no reason for these particular board
members to be shutting up the hard and fast closure like the 25 and
the 23 [of July]. The 15th has also been a very critical closure,
there used to be a handful of local fishermen on the 15 of August
would go out and fish this fishery when there was a strong stock
out there that we weren't the stock and we were able to make some
money, now we're shut down on the 8 of August ... for the silver
stocks and even the Kenai River and the Mat-Su (Matanuska-Susitna)
for silvers there for the sport fishermen. So we need some help,
we need some representation please I urge you not to reconfirm
these gentlemen."
Number 2118
JOE MALATESTA testified from Kenai in opposition to the
confirmations of Dan Coffey, Virgil Umphenour and Grant Miller to
the Board of Fisheries, noting that he forwarded a 40-plus page to
the legislature and that none of these men deserve to be
reappointed because they don't care about the habitat or about the
economy in Kenai or the people that live there. Mister Malatesta
said this board is going to go down in the history of Alaska as the
worst Board of Fisheries to circumvent the board's process. For
example, they've taken (indis.--paper shuffling) up out of cycle
two or three times just to take away fishing time for these folks.
This committee process is a joke and it's never been noticed nor
has there ever been public comment. They appoint people at random
from the public to do the public's business, it's bad and it's
illegal.
MR. MALATESTA further stated that the board dismantled the Upper
Cook Inlet Management Plan and took out the priority. He said,
"These folks down here have got a very short time to commercial
fish, they only get to fish now from the 1 - 8, and some of the 15
of August and this is terrible. They have to make their living in
that time. The industry down here is no longer viable because of
this Board of Fisheries and at this last hearing they were told by
not only businesses, but ... in front of you with a bunch of
petitions with approximately 600 people, and there's more to come.
We're tired of it, we do not want these men confirmed, they do not
deserve to sit there and make these rules and regulations, they're
hurting the resource and the habitat, and keep in mind the most
precious resource is our children."
Number 1984
CHUCK ROBINSON testified from Kenai in opposition to the
confirmations of Dan Coffey, Virgil Umphenour and Grant Miller to
the Board of Fisheries, noting that he has a commercial setnet
permit in Cook Inlet and has fished in Cook Inlet since 1976. He
stated, all three of these people have sat on the board for the
last five years and have had an agenda since that time to pretty
much restrict commercial salmon fishing in Cook Inlet to the point
where it's no longer economically viable for fishermen to do it.
The Board of Fisheries has a cycle regulation or policy that they
will only consider a subject fishery every three years,
unfortunately these three members have pushed forth considering
Cook Inlet every year. And every year that they've come up and
considered the fishery, every year they've taken something away
from the commercial fishermen. Mister Robinson further stated,
"Here's an example of why I believe Mr. Umphenour isn't fit to
serve, he was asked a question as what does he see the future of
commercial fishing and guiding to be in the Cook Inlet area, and he
addressed only one-half of the question by saying that he thought
the problem with the guides was that they were unregulated. Well,
they're certainly regulated as to time, area, bag limits, et
cetera, but he's right they're not regulated in terms of entry into
the fishery, there's not a lawful way right now for that to happen.
But he failed to talk about what he saw as the future for
commercial fishing in Cook Inlet and if you look at Virgil's
[Umphenour] voting record, I can pretty much tell you that his idea
of the future is the potential elimination and strangulation of the
fishery. The commercial fishermen are not regulated by the board
in terms of entry into its fishery either, but that doesn't mean
that because they're not regulated by entry into the fishery that
the Board of Fisheries should play favorites and give sport guides
better opportunities to fish than commercial fishermen but that's
precisely what's going on here. This idea of the state, and when
I say state I mean when the Board of Fisheries - they're state
officials, when the state gets involved in giving advantages of
competition to private individuals, it seems to me that the state
has overstepped its bounds. And by giving more competitive-edge to
sport fisheries, particularly guides, than commercial fisheries,
then they have jumped into a fray that they should never be
involved in. They should stay out of the economic competition
between users and just strictly with what's in the best interest of
the resource. And none of these men, including Dan Coffey who has
always had agenda to get rid of commercial fishing - have the
resource at heart. All they really have at heart is making it
better for their own interest groups to advance over the expense
and hardship of another."
Number 1800
DON FOX testified from Kodiak in opposition to the confirmation of
Virgil Umphenour, noting that he is a 30-year Kodiak fisherman,
that he has been on the Kodiak Advisory Committee for 12 years, is
a member of the Regional Aquaculture Committee, and is a USA
Steering Committee member. He stated, "I would like to address
this as the 'Alaska Board of Salmon,' I think there's too many
salmon members on it and there should be somebody appointed to this
who has a well-grounded knowledge of bottomfish, dragging and our
shellfish industry which are a big part of our state, so I would
like to have somebody appointed to that. And a comment on the
committee process, I saw it in action and I liked it - and I've
been to a lot of Board of Fisheries meetings and I really like it.
And to get somebody on the board who would represent these other
interests and who has a knowledge of them, I guess I would have to
say Virgil Umphenour would be the one not to confirm even though I
would love to find a reason to get rid of Dan Coffey but I can't,
I disagree with him but he does his homework, he listens, and I
don't think he's prejudice against commercial as much as other
people think. But Virgil - I think he has a habit of going into
meetings with his mind made up, I've seen it happen and no matter
what you say, it's just like in the tunnel, tunnel-vision, he's
already got his mind made up. Personally I like the man, I've
talked to him, I like him, but I would like you to reject Virgil."
Number 1691
SKIP BOLTEN testified from Kodiak in opposition to the confirmation
of Virgil Umphenour, noting that he has been a commercial
fisherman, residing and fishing out of Kodiak for the past 33 years
and during that time he has been on the Board of Directors of the
United Fishermen Marketing Association for over 20 years and has
been the Vice President of the Alaska Draggers Association for the
last four years. He said his involvement in fisheries politics
has, up until now, been on a local level. At the January Board of
Fisheries meeting, which was held in Kodiak, he testified as a
stakeholder on Proposal 132 and bottom trawling in the state waters
in Kodiak and subsequently became a member of the Groundfish
Committee, from there he was appointed by the board to serve on a
non-pelagic Trawl Task Force which he did for two months before the
March Board of Fisheries meeting in Anchorage.
MR. BOLTEN stated, "I must say that the inclination of the Board of
Fisheries to close all state waters to non-pelagic trawling had me
in disbelief that this governing body was making decisions
affecting so many people would be so biased and unwilling to listen
to both sides of the issue was shocking. In particular, Mr.
Umphenour's manner of professional conduct could not have been less
professional. During the March Board of Fisheries meeting in
Anchorage, and more specifically the final deliberations of the
Board of Fisheries and Proposal 132, Mr. Umphenour's predisposed
biased and totally unprofessional conduct was rampant as is
demonstrated by this tape. This short excerpt begins with Doctor
White, Chairman of the Board of Fisheries asking Mr. Dave Jackson,
Department of Fish and Game, Kodiak, about safety issues relating
to the proposed closed areas." [Mr. Bolten played a portion of the
tape but it was difficult to understand due to teleconferencing].
Mr. Bolten continued, "I ask you, you be the judge, is this a kind
of an individual who will make intelligent, fair, unbiased, and I'm
going to underline this: rational decisions that will not only
affect the livelihoods but also the lives of many coastal Alaskan
fishermen and their families, I don't think so. Please don't
confirm Mr. Umphenour."
CHAIRMAN HUDSON mentioned the audio was a little difficult coming
over the teleconfrence, however, the committee has a copy of the
tape if anybody would like to listen to it.
Number 1236
AL GEISER read the following letter in opposition to the
reappointment of Virgil Umphenour from VIRGINIA ADAMS to
Representative Austerman, dated April 23, 1999:
I would like to take this opportunity to comment on the
confirmation of Virgil Umphenour to the Alaska Board of
Fisheries. Since Mr. Umphenour was appointed to the Board of
Fisheries, I have attended all Board of Fisheries meetings
relating to my area, Kodiak. I have attended these meetings
as the President of Northwest Seiners Association, as a Board
member of United Fishermen of Alaska and as a member of the
Kodiak Salmon Work Group. Most recently I attended the Board
of Fisheries meetings in Anchorage dealing with state
shellfish and groundfish proposals as a Board of Fisheries
appointed member of the Kodiak Non-Pelagic Trawl Committee.
I feel I have had a great deal of time an interaction with Mr.
Virgil Umphenour on which to base my opinions regarding his
qualifications.
Mister Umphenour consistently shows an inability to keep an
open mind when deciding complex issues, and in fact can be
absolutely counted upon to bring his own strong opinions and
preconceived ideas to important Board of Fisheries
deliberations and votes. I witnessed this recently in January
at the Board of Fisheries meetings in Kodiak. Mister
Umphenour, making a point in the evening to several Board of
Fisheries attendees, took a bag of potato chips, dumped them
on the floor, ground them with his foot and then commented;
"That's what a king crab looks like after a trawl runs over
it!" This to me is not the kind of behavior I would expect
out of a person holding such an important position as a Board
of Fisheries member does.
Mister Umphenour, has earned the reputation as a closed
minded, opinionated board member whose vote can be counted on
any issue BEFORE the Board of Fisheries even meets. Mister
Umphenour is very forthright in his predisposition towards
several commercial gear types such as non-pelagic trawl, as
well as aquaculture associations in Alaska. This type of
attitude is inexcusable in an individual who holds so much
power in such an important industry to the state.
I feel the legislature has an opportunity at this time to send
the Governor a message that it is time to put some balance
back in the Board of Fisheries. It is my sincere hope that
Mr. Umphenour will not be confirmed to the Board of Fisheries
and that his vacancy will give the Governor an opportunity to
appoint an individual with commercial fish experience and
knowledge. Alaska's fishing industry deserves a Board of
Fisheries that is unbiased, intelligent and knowledgeable of
the intricacies involved in the crucial decisions that make,
many coastal families lives depend on those qualities. Quite
frankly, Mr. Umphenour does not possess those qualities and
his time on the Board of Fisheries should end. VIRGINIA ADAMS.
Number 0789
BRUCE KNOWLES testified from the Mat-Su in support of the
confirmations of Dan Coffey, Virgil Umphenour and Grant Miller to
the Board of Fisheries, noting that he serves on the Mat-Su Valley
Advisory Committee, Mat-Su Borough Blue Ribbon Fishery Committee,
and is the President of the Guides Association, Board of Directors
of the Cook Inlet Sport Fish Caucus. He indicated this is the
finest board that we've ever had and explained Alaska's statehood
was held up because the federal government felt the board which was
initially established was stacked to favor commercial fishing and
he felt it was that way for 34 years. He further noted that the
board recently obtained fair and equal representation has developed
a sustainable fisheries program and these people have to stay
together to complete this so our salmon stay healthy.
MR. KNOWLES continued, "And I bear quite a bit of complaint about
these new closures as they're being called, in reality they're
nothing but restrictions. They're restricting the drift fleets to
a 'corridor' (ph) on these days and the publications by the
Department of Fish and Game says the one restriction on the 22, 23,
time frame will put 100,000 additional fish of different species up
into the northern districts and up into the Mat-Su valley. Now
this is 100,000 fish that are coming home that had been intercepted
and we have lost the benefit of. Our commercial fishermen, ...
sport fishermen, ... subsistence will be harvesting them. We've
got runs that are serious trouble up here due to over harvesting
from commercial fishing. We've got some salmon runs in this area
that are in dire problems, McNeil River down in the lower Cook
Inlet, the wildlife conservation people are concerned about the low
number of returns to feed the bears in that area, we've seen a chum
salmon harvest drop from over 900,000 a year to less than 100,000
these last couple of years. So our board has taken action to
resolve these problems, they've developed a task force to do it.
I head the gentleman talk about the committee process of Kodiak ...
and I heard quite a lot of mumbling about the board process, after
the second day there were quite a few people that did support the
process and I do find it good and I think everybody should be
retained on the Board of Fisheries and let's bring salmon
management into the 21st century."
Number 0808
REPRESENTATIVE SMALLEY asked Mr. Knowles if he supported the sport
fish guiding industry being limited to two specific areas on the
Kenai River.
MR. KNOWLES replied that he served for 18 months on the committee
which tried to write legislation to manage guides and when the
legislature got involved it was blown-out-of-proportion and never
got anywhere. He said he would be willing to work with anybody
that's going to develop a program to manage guides, however, he
doesn't think a limited entry process would work. He said, "We've
seen how the limited entry has failed in commercial fishermen, it's
made an elite group of elitists that think they're guaranteed a
living by the state and we don't need that." Mr. Knowles mentioned
he will be in Juneau next week and will be glad to meet with
Representative Smalley.
Number 0733
RICHARD GRAHAM testified in support to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of
Fisheries, the Mat-Su Legislative Information office, noting that
he is a retired Fish and Wildlife Protection Officer and has
participated in an assortment of board meetings for approximately
23 years. He said he worked closely with Mr. Umphenour, Mr. Miller
and Mr. Coffey on issues primarily involving the enforcement of
Alaska's fishery laws and regulations and based on his positive
experience with the gentlemen and based on their demonstrated
dedication he encouraged the committee to recommend to the full
legislative body the confirmation of reappointment to the board.
MR. GRAHAM further stated, "The board recently completed a
regulatory meeting in Soldotna in which a large portion of the Cook
Inlet salmon management plans were reviewed and updated. Certainly
a review that was long overdue. As a result of that meeting,
certain groups of resource users are unhappy with the board's
action simply because they will not be able to harvest the amount
of salmon they've been allowed to harvest in recent years. These
groups now want to block the reappointment of certain board members
because of this. ... Anyone who has attended a board meeting knows
one thing that with very few exceptions, someone or some group will
leave the meeting unhappy ... because there is not enough fish to
satisfy everyone's needs. This is certainly the case in Cook Inlet
as well as other areas around the state. It is quite clear this
board . . have made great strides in attempting to accomplish a
task required by the state constitution that is the building and
the rebuilding of our fishery resources to a sustainable level.
Appointees that are in front of this committee for review have
contributed much to the success of the board and again, I encourage
you to support their confirmation."
Number 0552
JAMES CHESBRO testified in support to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of
Fisheries, from the Mat-Su, noting he has been a resident of the
Mat-Su since 1974 and has been an avid sport fisherman for 50
years. He added that he is a member of the Mat-Su Mayor's Blue
Ribbon Advisory Board, the Mat-Su State Fish and Game Advisory
Board and a member of the 600-member Alaska Fly Fishers, but is
speaking for himself. Mr. Chesbro stated the present board has
been forward thinking, professional, evenhanded, they have
established a sustained yield fisheries program and is conservation
minded and considered the entire echo-system. They have
established stakeholder committees to resolve problems, therefor,
he strongly supports the present board.
Number 0477
BOB MARTINSON testified in opposition to the appointment of Virgil
Umphenour to the Board of Fisheries from the Mat-Su, read the
following statement:
His [Mr. Umphenour's] temper tantrum raised at the 1996 board
meeting in Cordova showed him to be both biased and
uninformed. His cussing and false statement in front of the
public put the board into an executive session. Other members
had to calm him down. He clearly had a conflict of interest
toward his handling of matters concerning the Prince William
Sound Aquaculture Corporation (PWSAC) and/or matters relating
to the Copper River fishery.
During his tantrum he stated that we (Cordova) fishermen were
allowed to "seine" up all the fish at the mouth of the river.
Purse seining has never been allowed near the Copper River.
Also, the mouth of the Copper River is about 60 miles wide
across a delta with many entrances. Mr. Umphenour's interest
in a processing operation in Fairbanks provides him with
biases and personal interests when it comes to dealing with
certain areas of the state. Because of his lack of judgement,
the state should consider looking elsewhere.
Mr. Umphenour denied this event occurring in 1996 and further
explained his bias to the committee. I now have a record that
the board did indeed go into an executive session. He went on
to refer - we (Copper River gillnetters) have a bunch of
people who don't care about the resource. I fished for 31
years on the Copper River and I'm the original permit holder,
my father fished there for 40 years - he taught me the trade
with my own boat when I was 11 years old. I personally
witnessed the fine management of the Alaska Department of Fish
and Game doing their job there.
Committee members I ask you to think about this, who would
care more about the fishery and it's well-being than one who
depends on feeding their families, the commercial fishermen.
We commercial fishermen have escapement levels to achieve
before we go fishing, it's always been under strict guidelines
and that's just as it should be. The Copper River commercial
fishery is over 100 years old and only recently have the
upriver reaches become accessible to many users. I don't
think it's proper to have a biased and unknowledgeable person
making decisions on how the resource should be protected.
Mister Umphenour is purely allocative and while trying to
sound scientific he forgets this arena is to be left to
properly trained biologists. This man makes accusations
toward my user groups and makes false claims about genetic
diversity on king salmon stocks. I'd like to see his
credentials to make such statements; these statements have
been made to the board as well as to the public damaging our
credibility and reputation.
Members of the committee, please stop and think about the lack
of fairness we are facing while trying to protect our
livelihood and our resource. Also, please remember no one
cares more about the health of the fishery than one who stakes
their very life on it, the commercial fisherman. It is wrong
for political appointees to think of themselves as biologists.
Mister Umphenour must be removed from this position. He is
very inappropriate. I'm enclosing a transcript of Mr.
Umphenour's comments to House Resources.
Number 0120
KORY BLAKE testified in opposition to the reappointment of Virgil
Umphenour to the Board of Fisheries, noting he strongly disagrees
with Mr. Umphenour's reappoint to the board based on the following
concerns:
The responsibility of being a board member requires each
member to inform themselves with all the facts concerning each
user group in all areas of the state. And after the facts are
presented each board member is supposed to make an unbiased
and informed vote - each member should vote on the facts not
here say. Mister Umphenour has proven his comments during his
term on the board that he is clearly biased toward commercial
fishermen and hatcheries - not only in Prince William Sound
but statewide. Statements he has made include that Copper
River fishermen use their gillnets as beach seines, this
statement is false. We fish drift gillnets meaning that we
lay them out in a straight line and drift with the current.
He [Mr. Umphenour] quoted that the Copper River is 10 feet
deep and that we fishermen try to kill every last fish - these
are also false statements. Commercial fishermen on the Copper
River fish waters anywhere 3-300 feet in channels inside the
Barrier Islands - our historic fishing grounds can be anywhere
form 80-100 feet deep. It is a delta to say it's all 10 feet
deep, is an uninformed statement.
TAPE 99-13, SIDE A
MR. BLAKE continued.
Salmon returned at 3, 4, and 5 year fish, this means that in
1993, 1994, and 1995, the return escapement was large enough
to produce record runs in 1996, 1997 and 1998. Mister
Umphenour states that commercial fishermen have no respect for
the resource, the fishermen of Cordova along with ADF&G have
made five, ten and fifteen year plans to build a sustainable
resource on the upper Copper River. In the last 10 years the
Copper River fishery has been the bright spot in the state
management of fisheries. The king and the red catches have
been on the increase, escapement has not only met, but
exceeded the department's goals 7 out of the last 10 years.
If any informed person should be praised, the ADF&G ability to
manage a resource, instead Mr. Umphenour keeps making damaging
and false statements to the board members and the public.
This should not continue. After his years on the Board of
Fisheries, Mr. Umphenour should have a better understanding of
the fisheries within the state of Alaska instead he makes
false statements which have a lasting effect on both the board
and the public's opinion on commercial fishermen in general.
Number 0169
RON WILSON testified in support to the appointments of Dan Coffey,
Virgil Umphenour and Grant Miller to the Board of Fisheries from
the Mat-Su, noting he is a sport fisherman from the Mat-Su valley.
He said, "First of all I'd like to say I take exception to the fact
that you've allowed 18 commercial fishermen to speak and about 3
sport fishermen to speak. I go on record as going along and
agreeing that Dan Coffey, Grant Miller and Virgil Umphenour should
be retained on the Board, this is one of the first boards in quite
a few years that I've seen that has brought some fairness and
integrity to the board itself. ... People like these three
gentlemen here and also the ones that are on the board have been
more fair to the total groups that they represent and the people of
Alaska than any board that I've seen ever since I've been here.
And I'm not a lifetime Alaskan, I've come from an area that the
fisheries have been almost decimated because of lack of management
- this is one of the finest management plans I have ever seen and
I highly approve of what the board has been doing and they need to
stay together so they can keep up the good work they have been
doing."
CHAIRMAN HUDSON explained the witness list doesn't indicate the
individual is participating in sport fishing or commercial fishing.
Number 0332
ROBERT HALL, representing the Houston Chamber of Commerce,
testified in support to the appointments of Dan Coffey, Virgil
Umphenour and Grant Miller to the Board of Fisheries from the
Mat-Su. He stated, "The Little Susitna River and its salmon runs
go directly through the City of Houston and are very important to
our community. We're here to support the reappointment of all
three members to the Board of Fisheries. This Board of Fisheries
is a very dedicated hardworking group that clearly puts the
resource first before it gets into allocated issues. The very
contentious, mixed stock intercept issues in the upper Cook Inlet
have been dealt within a professional comprehensive and public
process. It is impossible to please all the user groups in Cook
Inlet, probably didn't please any of the user groups. The mixed
stock intercept or northern district fish by central district
fishermen have devastated northern district runs. I have the
utmost respect for the Kenai commercial fishermen. However, the
past intercept of northern district stocks could not continue
without devastating and possibly a long term damaging effects of
the northern district streams. Even with the changes that are
made, northern district users were disappointed that a Cook Inlet
coho salmon management plan was not instituted. Even though we
were disappointed, we came away with a feeling that it was an
honest and satisfied affair and an open process that took place.
This volunteer Board of Fisheries is the most balanced hard-working
Board of Fisheries since statehood, there's an effective team that
is putting together a long-term statewide sustainable fisheries
plan and the members should be reappointed to work with the rest of
the team so that this plan may be completed."
Number 0503
ERIC JORDAN testified in support to the appointments of Dan Coffey,
Virgil Umphenour and Grant Miller to the Board of Fisheries from
Sitka. He stated, "This is the third time I've been here and ...
the last two times I didn't get to testify so I'm really glad
you're hearing from this time. I'm a lifelong Alaskan, I served 15
years on the Sitka Fish and Game Advisory Committee, eight as
secretary and four as Chair, I served eight years on the advisory
panel to the North Pacific Fishery Council, my grandfather, father
and sons have all commercial fished in Alaska, I worked part-time
now for the Alaska Marine Conservation Council, I troll salmon, I
work as a sport fish guide and I'm a subsistence harvester. I'm a
current member of the sustainable fisheries panel - advising the
Board of Fisheries on sustainable fisheries and I'm here
representing myself. I have worked with the board ... since 1973,
it's part of my job, I work closely with this Board of Fisheries.
I've found this board's commitment to the public process and fact
finding unparalleled. I have participated in the subcommittee
process and support it, I also participate and work with the
advisory committees and I think they are complimentary. I support
the Governor's nominations and I urge you to confirm all these
incumbents. This is one of the best hardest-working Board of
Fisheries in a fine legacy of Alaska fishery boards. Service on
the Board of Fisheries takes a great deal of work and uncommon
dedication, Alaska's fortunate that these dedicated experienced
members are willing to serve again. I recommend unanimous support
from the Alaska Legislature."
Number 0681
TIM SMITH, President of the Nome Fishermen's Association, testified
in opposition, on behalf of the association, to the appointments of
Dan Coffey, Virgil Umphenour to the Board of Fisheries from Nome.
He stated, "We've been very dissatisfied with the board's handling
of salmon management in our area, for more than a decade salmon
returns have been severely depressed and the board has been
ineffective in addressing this problem. In March 1998, the board
appointed a citizen's committee to address these issues and advise
the board, and during the next year we met 24 times ... we produced
a 28-page report with a number of recommendations and we voted
unanimously in opposition to 'Tier 2' fishing. The board came to
Nome with a prepared agenda and despite the fact that diversely no
one wanted 'Tier 2,' the board through away our report and crammed
Alaska's first 'Tier 2' fishery down our throats. Alaska needs a
Board of Fisheries that listens to the public and we urge you not
to reappoint Virgil Umphenour or Dan Coffey."
Number 0771
ERIC OSBORNE testified in opposition to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Nome. He stated, "About a year ago the Board of Fisheries
came here and a citizen's committee was formed to study 'Tier 2' -
it had good citizens, somebody who used to run the college ... and
former people who worked for ADF&G and we all formed a consensus
that 'Tier 2' was bad. The board told us that we had real power,
that our decisions would be deferred to, but throughout the process
it was obvious that there was some pressure from outside of that
room, from the board, perhaps from ADF&G, that 'Tier 2' had to
come. Our group withstood enormous pressure for a year, we were
told we met more often and worked harder than any other working
group in Alaska history. When the board came they blew our report
off, all we were formed for was political cover, and when we didn't
afford that political cover, we were just blown away. And I would
estimate that the citizens of Nome put forth about a thousand hours
of free work and in a time of the budget crunch, if people in the
best tradition of small-town America will come forth and work hard
and sacrifice their time, by God you ought to listen to them. I
want these appointees thrown out the door, they've wasted my life,
and their wasting our fish."
Number 0951
CARL ROSIER, Representative, Alaska Outdoor Council, came forward
in support of the reappointments of Dan Coffey, Virgil Umphenour
and Grant Miller to the Board of Fisheries. He said, "I spent 30
years working for ADF&G in various capacities that range from
commercial fisheries assistant area biologist to a final position
as commissioner of the department under Governor Hickel. In that
time I've had the opportunity to observe and participate in a
significant number of Board of Fisheries regulatory sessions with
a variety of board members. The Alaska Outdoor Council is a strong
supporter of the Alaska board regulatory system, Alaska's system is
the most publicly opened process in the nation and when one views
the generally good condition of our fish and game resources, it's
a system that has served the state well. A part of the board's
effectiveness has been the quality and the many dedicated
individuals that have served and what we consider to be the
toughest regulatory appointment in the state."
MR. ROSIER continued. "Your committee has before it three very
dedicated and capable individuals that are truly deserving of being
confirmed for another term on the Board of Fisheries. The current
Board of Fisheries operates as a consensus building entity that has
established processes to bring opposing views to the table for
resolution among the stakeholders at the meeting and further
enlightenment of the board. The stakeholders cannot reach a
consensus, the board has the last and best information in which to
make the final decision on a given issue. The present board leaves
no question about conservation of the resource being the priority
consideration of the decision process. In this arena the Board of
Fisheries is in the process of developing a sustainable fisheries
policy for the state, development of the policy is occurring in
conjunction with stakeholder groups and technical support from
ADF&G. This policy when completed will provide guidance for the
public, the department and future boards on decision-making to
assure sustained yield of our fisheries. It's a good piece of work
in progress."
MR. ROSIER continued. "Balance in regard to decisions affecting a
variety of user groups is probably the best I have observed in my
30 years association with the board process. No one group
dominates the board as we have observed in the past, it is our view
that the present board gives true consideration of the public
demands, whether you are commercial, subsistence, personal use, or
sport users. As a participant you may not like a decision, but you
have every opportunity to make your case and know that the board is
listening and fairly evaluating your view. The three members
before you for confirmation have all grown in their knowledge and
understanding of the great numbers of fisheries in our state, each
of these individuals have become an integral part of a well
functioning regulatory board that is important to all Alaskans.
The system is functioning well and the Alaska Outdoor Council urges
you to support the confirmation of Mr. Coffee, Mr. Umphenour, and
Mr. Miller to another term on the Board of Fisheries."
Number 1169
DEAN CURRAN testified in opposition to the reappointment of Virgil
Umphenour to the Board of Fisheries from Cordova, noting that he is
a commercial fisherman and has been a resident of Alaska since
1951. He said, "I oppose the appointment of Virgil Umphenour. It
comes to my mind Virgil Umphenour processes chum salmon for the roe
and gets his fish from the Yukon [River], he doesn't like Prince
William Sound Hatchery because they produce chum salmon. The
timing for the return of these chum salmon is before the run gets
to the Yukon, so the Prince William Sound salmon is brought to
market before the Yukon chum salmon. It seems to me that Mr.
Umphenour has a conflict of interest."
Number 1229
DENNY WEATHERS testified in opposition to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Cordova. She said, "I oppose the confirmation of any of these
three members, in fact I oppose the board all together. The Board
of Fisheries does not listen to the public's views or concerns
whether it be an issue concerning shellfish, bottomfish or finfish.
We have many times tried to work with the Board of Fisheries to
save our crab fisheries in Prince William Sound which are now all
closed. Example, we submitted emergency proposals, only to be told
by the Board of Fisheries that it was not in eminent danger, the
next year our fishery was closed - that was in 1992 and none have
been opened since. We have no recourse when it comes to Board of
Fisheries, in fact it's been known that they have laughed at some
of the people who have gone to your meetings. We cannot fire them
as we did not hire them. It is the legislature that is responsible
for the Board of Fisheries and their failures. It is you that is
supposed to take them on, it is your responsibility to make the
laws and see that your board and commission acts as public servants
- they are supposed to work for us, not against us."
Number 1354
THEA THOMAS testified in opposition to the reappointment of Virgil
Umphenour to the Board of Fisheries from Cordova, noting she is a
member of the Board of Directors of the Copper River Salmon
Producers Association which represents over 350 commercial salmon
harvesters in Prince William Sound and on the Copper River Flats.
She said, "We recently sent a letter to all members of the
legislature voicing our strong opposition to the reappointment of
Virgil Umphenour. The appointments to the board must be open and
unbiased and have a commitment to proper-process and a passion for
the preservation and fair allocation of the state fisheries. We do
not believe that Mr. Umphenour brings these qualities to the board.
We urge you not to reappoint him."
Number 1417
DALE BONDURANT testified in support to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Kenai. He said, "I see the Kenai Borough's Assembly
resolution of opposition as an officialized act of intimidation of
- reflects the orchestrated demonstrations of individual acts of
(indis.) during the Soldotna public hearing. Here I address just
one resolution demand for the appointment of two commercial board
members of which one must be a Cook Inlet commercial fisherman. I
submit that if one is a commercial fisherman from Kodiak and the
other is an upper northern district setnetter, that the central
district sector - commercial fisherman, and the Kenai Borough
Assembly will vent even more strongly opposition to Governor
Knowles, the Alaska Legislature, the Board of Fisheries, and the
commissioner of the Department of Fish and Game and [the Department
of] Natural Resources. The whole resolution is aimed to give
discriminatory support to just one sector of the Kenai Peninsula
population of users of our (indisc.--teleconferencing) resources.
Please support the reappointment of these Board of Fisheries
members."
Number 1517
GRACE KENDELL testified in opposition to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Kenai, noting she has commercially fished for approximately 25
years. She said, "Governor Knowles promised to veto any bill that
mandates a specific allocation in fisheries and yet it appears to
me that's all they've done so far. Tony Knowles has also pledged
to protect our fisheries and fishing families. I'm a single person
and (indisc.) stand on the income from the fisheries and yet the
regulations passed by the Board of Fisheries have resulted in lost
income for Cook Inlet fishing families and local associated support
industries. Therefore, I feel it is in the best interest to deny
the confirmation of Dan Coffey, Virgil Umphenour and Grant Miller.
They've already served one term - I feel their political management
of the fisheries may cause damage to the Kenai River and habitat
areas. Please appoint more people who are concerned about local
people and the local economy. So far we don't have anyone on the
Board of Fisheries from the local area and yet Cook Inlet appears
to be more affected than any other area. In consideration of this
I feel we should have more say in the process instead of being
regulated by other interests."
MS. KENDELL continued. "One of the election flyers, that our
Governor put out before he was elected the first time said, 'Our
pledge to you, Alaska's commercial fisheries will continue to be
the main stay of our economy as (indisc.) jobs decline. We are
committed to keep our fisheries healthy and our fisheries' families
working,' and yet he has done just the opposite. The Board of
Fisheries has dismantled the upper Cook Inlet Management Plan,
paving the way for more allocations away from the commercial
fisheries. The fresh water tributaries, in my opinion, are
continuing to be mismanaged and won't stand up under the pressure
too many more years, and then everyone loses. Please do not
confirm Dan Coffey, Umphenour and Miller, they have done enough
damage already."
Number 1651
JOE CONNORS, President, Kenai River Professional Guide Association,
testified in support to the appointments of Dan Coffey, Virgil
Umphenour and Grant Miller to the Board of Fisheries from Kenai.
He said, "There are 347 licensed Kenai River guides, 85 percent of
those are Alaska residents - compare that to 1,150 or more Cook
Inlet limited entry permits, keep in mind please that the guides
don't fish, we take people fishing and they fish with a rod, the
corresponding 1,150 limited entry permits fish with nets. Our
membership of our organization is 92 percent Alaska residents, we
support adamantly the three people nominated by the Governor for
reconfirmation - they have gone out of their way to provide a
public process, I sat through 12 days of it, they extended it by
two days ... in Soldotna, I've been to Kodiak, I intend to go to
Fairbanks. We think that they've done an excellent job. Now, that
doesn't mean, hearing this from the president of the guide
association that we did well, they took away, from us one major
activity this year and the year 2000 we will lose one of the seven
days of the week, we will not be able to fish one out of seven days
that we are allowed to now. And in the year 2000 we will only be
allowed to take four people fishing instated of five, ... one of
those is a 20 percent reduction and the other one is about 16.5
percent - we're not bellyaching. I'm a little bit concerned and I
hope you're not fooled by the irresponsible emotional rhetoric that
some of my predecessors here at this site have put upon you, see
through that and see the true issue. More fish result in the
public gaining access to stocks that they have not been able to
get, that means Alaskans and Americans will be able take fish."
Number 1788
MARILYN KEENER testified in opposition to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Kenai, noting that she is a lifelong Alaskan. She said, "I
attended the Board of Fisheries hearings which were held in
Soldotna in February of this year. I was disappointed in the
boards lack of regard for local and state economics as well their
circumvention of local advisory boards. The subcommittee process
that this board came up with was a complete sham in my opinion.
Although Mr. Miller stated tonight that the public was allowed to
comment and give testimony during this process, I witnessed
otherwise. These subcommittees were actually meeting at the same
time in different parts of the same room, there was no way any one
person could participate or even listen to all that was going on.
It was wrong and I'm afraid you legislators have been misled as to
the public being involved in this process."
MS. KEENER continued. "Another example of the unprofessionalism
that was also exhibited was the incident that my 11 year old
daughter and I witnessed - my daughter had gone to listen to the
public testimony with me, and a short break was called for. My
daughter whispered that she wanted me to point out who Bob Penney
was, I looked all around and finally spotted him alone in the
parking lot, just then Dan Coffey walked up to him, they exchanged
a few words and Mr. Penney tucked a folded piece of paper into the
front shirt pocket of Mr. Coffey. We will never know if it was a
check or a note, but the fact remains that there is a definite lack
of professionalism by this board member. My family and I have been
hurt deeply by this board and their dismantling of the upper Cook
Inlet Management Plan. My children a fourth generation commercial
setnet fishermen in Cook Inlet, I know our great state of Alaska
can rise above the terrible precedent our Board of Fisheries has
set - that of displacing hardworking families and disregarding
biological data given in testimony and by our own Department of
Fish and Game. Please show your support of our resources, families
and fish by denying the confirmation of these three men."
Number 1908
PHIL SQUIRES, President of United Cook Inlet Drift Association,
testified in opposition to the appointments of Dan Coffey, Virgil
Umphenour and Grant Miller to the Board of Fisheries from Kenai,
noting that he has resided in Kenai for more than 20 years and is
a commercial fisherman. He said, "They've had an enormous
influence fishery in Cook Inlet which has not been positive for the
drift fishery here. I think that they've had as much influence as
anyone individual or any group of individuals should have and it's
time for a change. I hope that the backing-off little bit - I hope
that the legislators can see that the Board of Fisheries has been
formulated around a couple of issues, it appears to me statewide,
one of them is the allocation of salmon in Cook Inlet, the other is
the allocation down in False Pass. And there has been very little
regard for the rest of the commercial fisheries in this state and
I think that's wrong. You have to remember that authority wielded
by the Board of Fisheries is delegated from the legislature not
from the Governor and I would urge you not to rubber stamp these
appointees but to give them some very serious scrutiny because if
anything is apparent it's that you can predict somebody's support
or lack of for these particular appointees by their side of a
specific issue, that to me demonstrates a lack of objectivity or
perceives the lack of objectivity that their safe votes on a couple
of certain issues. For that I would like to see the legislators
take an interest in returning an objectivity to the board and
experience from a statewide perspective not just the two issues
that I have outlined."
Number 2086
LARRY VANSKY testified in opposition to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Kenai. He said, "I believe the board is very bent on creating
a fishery that's called a terminal harvest fishery, they spent two
days in Anchorage at one of the board meetings discussing terminal
harvest and they were really unable to arrive at what terminal
harvest was. So in the absence of that, they've created one by
regulating us - how they regulate here in Cook Inlet. If there's
a question of biased or unbiasedness, and terminal harvest, Virgil
Umphenour is probably situated in his position where he is the most
terminal of a commercial harvest industry. And if that is not
biased then I don't know what it is. I am very much opposed to all
three of these candidates being reappointed."
Number 2143
MARK DUKER testified in opposition to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Kenai, noting that he is a third generation commercial
fisherman. He asked, "Did Dan Coffey and Grant Miller enter into
a business arrangement in Anchorage, if they're still there maybe
they can answer that for us? Another thing I would like to point
out is that Bruce Knowles is the sponsor of a fish initiative, the
same initiative that Dan Coffey wrote and the same initiative that
the court found illegal. He also called us elitists as limited
entry permit holders. We're just common people trying to make a
living, and rough work. Thank you for your support and I really
urge you not to confirm these people."
Number 2196
PAUL SHADURA testified in opposition to the appointments of Dan
Coffey, Virgil Umphenour and Grant Miller to the Board of Fisheries
from Kenai. He said, "At present there is no represented
commercially knowledgeable Board of Fisheries member who
understands or has any commercial history in Cook Inlet. There are
three members that represent lesser users of the total resource, it
is no wonder recent regulations adopted on the major traditional
user restricts that user to a lesser nonviable category.
Prejudice, contempt, biased, dipsomania, uninformed, arrogant,
dirty deeds done cheap, are all terms that I could use in
describing the current Board of Fisheries reappointees. Please,
out of fairness of decency do not reconfirm Dan Coffey, Grant
Miller or Virgil Umphenour. This is from a 100-year family
resident of the Kenai Peninsula."
Number 2263
MEL ERICKSON, Representing Deep Creek Charter Boat Association,
testified in support to the appointments of Dan Coffey, Virgil
Umphenour and Grant Miller to the Board of Fisheries from Kenai.
He said, "We feel that they have the resource in the best interest
and are trying to put more fish in the spawning grounds and trying
to get more fish to the people. And one other issue that's a big
concern for us and that's we need some management through the
legislature on the growth of the guides, down in the Deep Creek
area we have 8,000 king salmon guideline harvest limit and we got
24 new boats coming into the fishery this year and we've already
been real close to coming over that guideline harvest level. Next
time we come up to the Board of Fisheries they'll probably have to
put restrictions on seasons and bag limits in the methods of means
on us. We do need some help there to get some sort of a management
on the growth of the guide industry or we'll face future
restrictions that will hurt us economically so we appreciate your
help in that manner."
Number 2341
DON JOHNSON testified in support to the appointments of Dan Coffey,
Virgil Umphenour and Grant Miller to the Board of Fisheries from
Kenai. He said, "I wanted you to understand that you're talking to
special interest groups and not the general public. ... Some of the
issues that have been flying by us here on the Umphenour roast ...
Mr. Umphenour has a really colorful personality but I don't spite
him for that - I think a lot of people react negatively to him
because of that. I think he's a normal thinking considerate person
and board member, probably all three members, Coffee, Miller and
Umphenour should remain and be confirmed I believe and if there is
a reason to not confirm any potential board member, it would from
some of the inflammatory statements like Mr. Umphenour said about
guides. I am a sport fishing guide and he came out basically and
said that guides need to be regulated and they aren't regulated and
it was mentioned before that it's not really a true statement, we
are currently regulated for days, time and area, and people we can
carry, and lots of other goodies on the Kenai River. I would just
like to make that clear, that we are (in my opinion) tremendously
regulated and he's talking basically about limited entry."
Number 2460
CHAIRMAN HUDSON announced Mr. Coffey's confirmation will be brought
up at the next committee hearing. He asked it there was any
objection to advancing the confirmations of Mr. Miller and Mr.
Umphenour.
REPRESENTATIVE SMALLEY objected.
CHAIRMAN HUDSON requested members say "Aye"; all members present
with the except Representative Smalley said "Aye". Therefore, the
confirmations of Mr. Miller and Mr. Umphenour advanced.
ADJOURNMENT
Number 2550
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 7:35 p.m.
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