Legislature(2007 - 2008)BARNES 124
04/20/2007 08:30 AM House FISHERIES
| Audio | Topic |
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| Start | |
| Confirmation Hearing(s)|| Board of Fisheries | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
April 20, 2007
8:56 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Kyle Johansen
Representative Craig Johnson
Representative Gabrielle LeDoux
Representative Peggy Wilson
Representative Bryce Edgmon
MEMBERS ABSENT
Representative Lindsey Holmes
OTHER MEMBERS PRESENT
Representative Bill Thomas
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Board of Fisheries
Larry Edfelt - Juneau
CONFIRMATION(S) ADVANCED
Claude Vincent Webster - King Salmon
CONFIRMATION(S) ADVANCED
Howard Delo - Big Lake
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
LARRY EDFELT, Appointee
to the Board of Fisheries (BOF)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the BOF, and
responded to questions.
DICK BISHOP, President
Alaska Outdoor Council
Fairbanks, Alaska
POSITION STATEMENT: Testified no objection to the appointment
of Larry Edfelt, or Claude Vincent Webster, to the Board of
Fisheries.
RICHARD BUCY, Chairman
Kenai River Sportfishing Association
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Larry Edfelt, and Claude Vincent Webster, to the Board of
Fisheries.
JOHN JENSEN, Member
Board of Fisheries
Petersburg, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Larry Edfelt, and Claude Vincent Webster, to the Board of
Fisheries.
GARY HOLLIER
Kenai, Alaska
POSITION STATEMENT: Testified with reservation for the
appointment of Larry Edfelt, and pledged support for the
appointment of Claude Vincent Webster, to the Board of
Fisheries.
BILL GIFFORD
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Larry Edfelt, and Claude Vincent Webster, to the Board of
Fisheries.
RON RAINEY, Member
Kenai River Sportfishing Association
Kenai, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Larry Edfelt, and Claude Vincent Webster, to the Board of
Fisheries.
RICHARD GEASE, Executive Director
Kenai River Sportfishing Association
Kenai, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Larry Edfelt, and Claude Vincent Webster, to the Board of
Fisheries.
MONTE ROBERTS, Vice President
Kenai River Professional Guides Association
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Larry Edfelt, and Claude Vincent Webster, to the Board of
Fisheries.
JIM GOLDEN, Board Member
Kenai River Sportfishing Association
POSITION STATEMENT: Testified with support for the appointment
of Larry Edfelt, to the Board of Fisheries.
STEVE TVENSTRUP, President
United Cook Inlet Drift Netters Association
Kenai, Alaska
POSITION STATEMENT: Testified with opposition to the
appointment of Larry Edfelt, and pledged support for the
appointment of Claude Vincent Webster, to the Board of
Fisheries.
CLAUDE VINCENT WEBSTER, Appointee
to the Board of Fisheries (BOF)
King Salmon, Alaska
POSITION STATEMENT: Testified as appointee to the BOF, and
responded to questions.
ANDY RUBY, Regional Fisheries Coordinator
Bristol Bay Economic Development Corporation
Dillingham, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Claude Vincent Webster, to the Board of Fisheries.
WESLEY HUMBYRD
Homer, Alaska
POSITION STATEMENT: Testified with support for the appointment
of Claude Vincent Webster, to the Board of Fisheries.
FRANK MULLEN, Member
United Cook Inlet Drift Association Board
POSITION STATEMENT: Testified with support for the appointment
of Claude Vincent Webster, to the Board of Fisheries.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House Special Committee on
Fisheries meeting to order at 8:56:05 AM. Representatives
LeDoux, Johnson, and Edgmon were present at the call to order.
Representatives Wilson and Johansen arrived as the meeting was
in progress. Also in attendance was Representative Thomas.
^CONFIRMATION HEARING(S)
^Board of Fisheries
8:56:21 AM
CHAIR SEATON announced that the only order of business would be
the review of the Board of Fisheries (BOF), nominees for
confirmation to the vacant seats.
8:57:37 AM
CHAIR SEATON explained the committee process for appointment of
these positions, including the subsequent committee of referral;
Natural Resources.
8:58:32 AM
REPRESENTATIVE LEDOUX asked what would happen if one of the
committees didn't hold a meeting on an applicant.
CHAIR SEATON explained that the review of the application is for
the committee's benefit, and the names would still be advanced
to the joint session.
9:00:33 AM
LARRY EDFELT, Appointee to the Board of Fisheries (BOF),
introduced himself with a brief biography. He is nominated to
fill the position vacated by a deceased member, Rupert Andrews.
9:01:50 AM
CHAIR SEATON observed that he was deputy director of Commercial
Fisheries, Alaska Department of Fish & Game.
MR. EDFELT confirmed that he held that position for five years.
CHAIR SEATON directed Mr. Edfelt's attention to a packet on
escapement, indicating over escapement on 55 per cent of the
monitored streams. He asked for his philosophy of fishery
escapement.
9:03:47 AM
MR. EDFELT said he is primarily interested in achieving minimum
escapement goals. He explained the conflicts in the management
plans for the various areas, and noted that even when following
management plans, over escapement can occur. Achieving the
minimums can be more important than suffering the overages, he
opined. To a follow up question, he said that achieving minimum
escapement goals in all of the systems would not necessarily by
important. However, escapement to as many areas as possible
would be good, and that may provide over escapement to others.
It is important to work towards balancing healthy commercial and
sport fisheries.
9:08:44 AM
CHAIR SEATON related how in-season managers have imposed
closures that do not correspond with run timing. He asked for
an opinion on fixed date management.
MR. EDFELT suggested that the fixed date window closures will
probably be discussed at the winter BOF meeting, and he is
looking forward to hearing the testimony. He conceded that he
is not as yet up to speed on all of the information that the
staff has to provide regarding in-season management.
9:10:57 AM
CHAIR SEATON reiterated that his concern is not regarding a
specific element of a management plan, but the philosophy of the
board to take away the flexibility of the managers to adjust
plans for in-season run timing.
MR. EDFELT stated that his interest is to provide managers with
the maximum flexibility to react to different resource
situations, during a season.
CHAIR SEATON restated that Mr. Edfelt's philosophy would be to
provide management guidelines for a staff to work flexibly
within.
MR. EDFELT responded, "Absolutely, I believe in maximum
flexibility for the staff."
9:12:48 AM
CHAIR SEATON directed attention to the committee packet and
noted that the appointee has a recorded violation.
MR. EDFELT explained how this came about. The violation
involved the setting a personal use king crab pot early in the
season. Although he was not present when his friends set the
pot, his name was on the buoy, and he paid the fine. He
emphasized that this type of action is inconsistent with his
character, and it was an embarrassment to his reputation as an
ex-regulatory manager with the department.
9:14:36 AM
REPRESENTATIVE LEDOUX asked if he knew that they would be
setting the pot early.
MR. EDFELT said, "No, I did not."
9:14:48 AM
REPRESENTATIVE EDGMON queried whether he is considering serving
beyond the one year position that he is being seated to fill.
MR. EDFELT reminded the committee that it will depend primarily
on the governor's wishes.
REPRESENTATIVE EDGMON asked what the BOF's role is regarding
habitat protection, and has it changed during the time that the
habitat office has been under DNR.
MR. EDFELT recalled that the only habitat protection authority
for the BOF is in state game refuges and state critical habitat
areas.
9:17:41 AM
CHAIR SEATON reviewed the over escapement issue that is a
concern for this committee. He requested that Mr. Edfelt review
the handout provided, to become fully aware of the situation.
9:19:46 AM
REPRESENTATIVE WILSON said that there is an inherent conflict
between commercial and sport fisherman. This can lead to
pressure on board members making crucial decisions. She asked
if he will be able to base his decisions on scientific data, vs.
political clout.
MR. EDFELT agreed that the conflict between these fisheries is
intense and growing, particularly in Cook Inlet. However, he
said that he finds it easier to make decisions on science and
data vs. pressure from interest groups.
9:21:38 AM
REPRESENTATIVE THOMAS pointed out that it's not always about
fish; commercial and sport crab harvest can become an issue.
Additionally, managing one population of fish over another can
be a problem.
MR. EDFELT agreed.
9:23:18 AM
REPRESENTATIVE EDGMON recalled the recent issue of BOF members
needing to conflict out, due to family or financial interests.
MR. EDFELT said that before that was a rule, the BOF operated
fairly, and he speculated that it could again. He would prefer
to allow all BOF members to vote on the issues.
REPRESENTATIVE EDGMON restated that Mr. Edfelt considers it
important to have local board members, with expertise for a
region, be able to serve, vote, and participate to the fullest
extent.
MR. EDFELT replied, "Yes."
9:26:12 AM
DICK BISHOP, President, Alaska Outdoor Council, stated no
objection to the nomination of Larry Edfelt to the BOF.
9:26:53 AM
REPRESENTATIVE LEDOUX asked if the phrase, "we have no
objection," stands as an endorsement.
MR. BISHOP responded that it is not the same, but in the review
process the nominee was acceptable.
9:28:15 AM
RICHARD BUCY, Chairman, Kenai River Sportfishing Association,
stated support for the appointment of Larry Edfelt, to the BOF.
9:28:52 AM
JOHN JENSEN, Member, Board of Fisheries, Petersburg, stated
support for the appointment of Larry Edfelt, to the BOF.
9:29:38 AM
GARY HOLLIER, stated reservation for the appointment of Larry
Edfelt, to the BOF. He updated what the escapement goals are
for the Kenai and asked for the candidate to comment.
9:31:43 AM
BILL GIFFORD, stated support for the appointment of Larry
Edfelt, to the BOF.
9:32:04 AM
RON RAINEY, Member, Kenai River Sportfishing Association, stated
support for the appointment of Larry Edfelt, to the BOF.
9:32:31 AM
RICHARD GEASE, Executive Director, Kenai River Sportfishing
Association stated support for the appointment of Larry Edfelt,
to the BOF.
9:32:44 AM
MONTE ROBERTS, Vice President, Kenai River Professional Guides
Association, stated support for the appointment of Larry Edfelt,
to the BOF.
9:33:11 AM
JIM GOLDEN, Board Member, Kenai River Sportfishing Association,
stated support based on Mr. Edfelt's statement, "The resource
comes before any special interest group." He opined that this
stance indicates integrity and an open mindedness to scientific
evaluation.
9:34:00 AM
STEVE TVENSTRUP, President, United Cook Inlet Drift Netters
Association, stated his opposition to the appointment of Larry
Edfelt to the BOF.
9:35:49 AM
GARY HOLLIER rearticulated his question regarding the Kenai end
river escapement goals. These goals have been over achieved and
he asked for clarity on Mr. Edfelt's stance for this escapement
allocation.
MR. EDFELT stated that ADF&G determines the escapement goals and
makes recommendations. The BOF adds to those goals to account
for the in-river fishery. He stated that action he takes on the
BOF will be consistent with whatever the department has
determined to be the optimum escapement goal.
CHAIR SEATON summarized that his philosophy is to be in accord
with ADF&G.
MR. EDFELT said, "That's correct."
9:39:03 AM
REPRESENTATIVE WILSON moved that the committee forward Larry
Edfelt's name to the full body for consideration in joint
session. There being no objection, Mr. Edfelt's name was
advanced.
9:39:24 AM
CHAIR SEATON announced that the next order of business would be
to consider the nomination of Claude Vincent Webster, to the
BOF.
9:39:32 AM
CLAUDE VINCENT WEBSTER, Appointee to the Board of Fisheries
(BOF), referred to his resume in the committee packet, and added
that he is also a member of the Kvichak River Task Force.
Additionally, his wife and two sons own Bristol Bay set net
permits.
9:40:51 AM
CHAIR SEATON asked the nominee to comment on his escapement
philosophy for the constitutional maximization of resources.
MR. WEBSTER responded that the BOF has an obligation to set
regulations that will allow ADF&G to manage for optimal harvest
of a resource.
CHAIR SEATON requested that, should he be confirmed, he take up
the work of achieving appropriate escapement goals to benefit
the people of Alaska, in all areas of the state.
9:42:56 AM
REPRESENTATIVE EDGMON referred to the appointees' previous
position on the Naknek/Kvichak Advisory Committee, and asked him
to speak to the advisory committee's role regarding over
escapement.
9:43:29 AM
MR. WEBSTER said that the advisory committee role is to provide
local knowledge of a system. The advisory committee is made up
of representatives from the area user groups, who bring their
expertise to the table.
9:44:29 AM
REPRESENTATIVE EDGMON asked what his understanding is of the
role BOF plays regarding habitat protection.
MR. WEBSTER responded that the BOF has the authority under the
Administration Procedure Act to set aside fish reserve areas,
refugees, and sanctuaries in state waters on the approval of the
legislature. The authority extends to the adoption of
regulations for watershed and habitat improvements.
9:45:10 AM
REPRESENTATIVE EDGMON referred to HB 15 and the conflict out of
BOF members, and asked for the appointees' opinion on the issue.
MR. WEBSTER stated that having to conflict out is contradictory
to why someone serves. He upheld that members should be
participating and voting. If a member states that they have a
conflict, and should it interfere with their ability to serve,
the governor may choose to remove that member from the board.
9:46:27 AM
REPRESENTATIVE WILSON asked how the candidate expects to hold up
under the pressure brought by commercial fishing interests, as
well as sport fishing interests, and on what will he base his
decisions.
MR. WEBSTER stated that his policy is to put the resource ahead
of personal gain. Further, he said that allocation decisions
should be based on scientific and historical data, and the seven
guiding principles held in statute.
9:48:23 AM
REPRESENTATIVE LEDOUX queried what his understanding is
regarding the board's role in respect to mining activities.
MR. WEBSTER answered that he is not aware of how the board
directly addresses mining activity, however, if there is a
critical area that may be impacted, by any activity, the BOF has
an obligation to protect the habitat.
9:49:29 AM
DICK BISHOP, President, Alaska Outdoor Council, stated no
objection to the appointment of Claude Vincent Webster.
9:50:11 AM
RICHARD BUCY, Chairman, Kenai River Sportfishing Association,
stated support for the appointment of Claude Vincent Webster to
the BOF.
9:50:18 AM
JOHN JENSEN, Member, Board of Fisheries, stated support for the
appointment of Claude Vincent Webster to the BOF.
9:50:46 AM
ANDY RUBY, Regional Fisheries Coordinator, Bristol Bay Economic
Development Corporation, stated support for the appointment of
Claude Vincent Webster to the BOF. He cited his recent,
positive interactions with the nominee, at a meeting in
Dillingham.
9:51:59 AM
GARY HOLLIER, stated support for the appointment of Claude
Vincent Webster to the BOF.
9:52:21 AM
BILL GIFFORD, stated support for the appointment of Claude
Vincent Webster to the BOF.
9:52:36 AM
RON RAINEY, Member, Kenai River Sportfishing Association, stated
support for the appointment of Claude Vincent Webster to the
BOF.
9:52:45 AM
RICHARD GEASE, Executive Director, Kenai River Sportfishing
Association, stated support for the appointment of Claude
Vincent Webster to the BOF.
9:53:10 AM
MONTE ROBERTS, Vice President, Kenai River Professional Guides
Association, stated support for the appointment of Claude
Vincent Webster to the BOF.
9:53:22 AM
WESLEY HUMBYRD stated support for the appointment of Claude
Vincent Webster to the BOF, and said that he looks forward to
having a commercial fisherman serving on the board.
9:53:58 AM
FRANK MULLEN, Member, United Cook Inlet Drift Association Board,
stated support for the appointment of Claude Vincent Webster to
the BOF. He described the over escapement issues of the Cook
Inlet area, and expects Mr. Webster will address this issue.
9:55:53 AM
STEVE TVENSTRUP, President, United Cook Inlet Drift Netters
Association, stated support for the appointment of Claude
Vincent Webster to the BOF, echoing the sentiments of the
previous witness.
9:57:06 AM
REPRESENTATIVE LEDOUX moved that the committee forward Claude
Vincent Webster's name to the full body for consideration in
joint session. There being no objection, Mr. Webster's name was
advanced.
9:57:20 AM
CHAIR SEATON provided that, due to time constraints, the review
of the third nominee, Howard Delo, would be taken up at a future
meeting.
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 9:57
a.m.
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