Legislature(2011 - 2012)CAPITOL 120
04/05/2012 05:00 PM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings: Board of Fisheries | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
April 5, 2012
5:01 p.m.
MEMBERS PRESENT
Representative Steve Thompson, Chair
Representative Craig Johnson, Vice Chair
Representative Alan Austerman
Representative Bob Herron
Representative Lance Pruitt
Representative Scott Kawasaki
Representative Bob Miller
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS: BOARD OF FISHERIES
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
ORVILLE HUNTINGTON, Appointee
Huslia, Alaska
POSITION STATEMENT: Testified as an appointee to the Board of
Fisheries (BOF).
ROD ARNO, Executive Director
Alaska Outdoor Council (AOC)
Palmer, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
of Mr. Orville Huntington to the Board of Fisheries (BOF).
RICKY GEASE
Kenai River Sportfishing Association (KRSA)
Soldotna, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for Mr. Orville Huntington's appointment to the Board of Fish
(BOF).
REUBEN HANKE
Soldotna, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for Mr. Orville Huntington's appointment to the Board of
Fisheries (BOF).
MELVIN GROVE
Big Lake, Alaska
POSITION STATEMENT: Testified during Mr. Orville Huntington's
confirmation hearing for appointment to the Board of Fisheries
(BOF).
ROSE FOSDICK, Representative
Kawerak Inc.
Nome, Alaska
POSITION STATEMENT: Testified in support of Mr. Orville
Huntington's appointment to the Board of Fisheries (BOF).
ANDY SZCZESNY
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Mr. Orville Huntington to the Board of Fisheries (BOF).
MIKE KRAMER
Fairbanks, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
on the appointment of Mr. Orville Huntington to the Board of
Fisheries (BOF).
HEATH HILYARD, Executive Director
SouthEast Alaska Guides Organization (SEAGO)
Anchorage, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for Mr. Orville Huntington's appointment to the Board of
Fisheries (BOF).
GEORGE PIERCE
Kasilof, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
on the appointment of Mr. Orville Huntington to the Board of
Fisheries (BOF).
KARL JOHNSTONE, Appointee
Alaska Board of Fisheries (BOF)
Alaska Department of Fish & Game (ADF&G)
Anchorage, Alaska
POSITION STATEMENT: Testified as nominee for reappointment to
the Board of Fisheries (BOF).
BILL BROWN, Member; Vice-Chair
Board of Fisheries (BOF)
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
REED MORISKY
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
HOWARD DELO, Member
Matanuska-Susitna Borough Fish and Wildlife Commission
Big Lake, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
ANDREW COUCH
Palmer, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries.
BRUCE KNOWLES
Willow, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
MELVIN GROVE
Big Lake, Alaska
POSITION STATEMENT: Testified during the discussion on the
reappointment of Mr. Karl Johnstone to the Board of Fisheries
(BOF).
ROLAND MAW
Kasilof, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for reappointment of Mr. Karl Johnstone to the Board of
Fisheries (BOF).
MIKE CRAWFORD
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Karl Johnstone to the Board of Fisheries (BOF).
JOE CONNERS
Sterling, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Karl Johnstone to the Board of Fisheries (BOF).
MONTY ROBERTS
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
DAVID GOGGIA, President
Kenai River Professional Guide Association
Kenai, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
STAN MALCOM
Member
Petersburg Charter Boat Association (PCBA)
Petersburg, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
RICKY GEASE
Executive Director
Kenai River Sportfishing Association (KRSA)
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
REUBEN HANKE
Soldotna, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for the reappointment of Karl Johnstone to the Board of
Fisheries (BOF).
ANDY SZCZESNY, Member
Board of Directors
Kenai River Guide Academy (KRGA)
Kenai, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
MIKE KRAMER
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
HOLLY VANPELT
Homer, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
HEATH HILYARD, Executive Director
SouthEast Alaska Guides Organization (SEAGO)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of Mr. Karl Johnstone to the Board of Fisheries (BOF).
GEORGE PIERCE
Kasilof, Alaska
POSITION STATEMENT: Testified in opposition to the
reappointment of Mr. Karl Johnstone to the Board of Fisheries
(BOF).
ACTION NARRATIVE
5:01:39 PM
CHAIR STEVE THOMPSON called the House Special Committee on
Fisheries meeting to order at 5:01 p.m. Representatives
Kawasaki, Miller, Austerman, and Thompson were present at the
call to order. Representatives Johnson, Herron, and Pruitt
arrived as the meeting was in progress.
5:02:02 PM
^Confirmation Hearings: Board of Fisheries
Confirmation Hearings: Board of Fisheries
CHAIR THOMPSON announced that the only order of business would
be Confirmation Hearings: Board of Fisheries.
5:03:09 PM
ORVILLE HUNTINGTON, Appointee, provided a brief biography,
including that he currently works for the Tanana Chiefs
Conference (TCC) and is a lifelong resident of Huslia, Alaska.
His father, James Huntington, previously served on the Board of
Fisheries. He said he has an undergraduate degree from the
University of Alaska Fairbanks (UAF). He volunteered to serve
because he believes he can be fair to all users of fisheries
resources in the state and could also bring Interior Alaska's
voice to the board.
5:04:28 PM
REPRESENTATIVE AUSTERMAN asked whether he is currently serving
on the board.
MR. HUNTINGTON answered no.
REPRESENTATIVE AUSTERMAN reminded the appointee of the amount of
time involved in serving on the BOF and asked if he was prepared
to do so.
MR. HUNTINGTON answered yes.
5:05:08 PM
REPRESENTATIVE KAWASAKI asked him to define subsistence user.
MR. HUNTINGTON responded that a subsistence user is anyone who
relies on fish and wildlife resources for food and for their
culture - whether it is sport fishing or sport hunting, or
subsistence hunting. He offered his belief it is all the same.
5:06:00 PM
REPRESENTATIVE HERRON asked about his family origins.
MR. HUNTINGTON answered that Sidney Huntington, who retired from
the Board of Game, is his uncle and Jimmy Huntington, who served
as a legislator and on the Board of Fisheries (BOF), was his
dad.
5:06:31 PM
CHAIR THOMPSON asked whether a board member should be allowed to
vote on issues in which they or their family members will gain
financially as a result of their vote.
MR. HUNTINGTON answered absolutely not. He did not think it is
right and the member should be unbiased and fair to all users.
CHAIR THOMPSON asked how many of his family fishes commercially.
MR. HUNTINGTON answered none since there is currently not any
commercial fishing in Interior Alaska. He reported that when it
was open his cousins Gilbert and Roger Huntington fished.
CHAIR THOMPSON noted that there have been nine Huntington permit
holders since 2010.
MR. HUNTINGTON confirmed the number and said he previously held
a permit, but he let his license sunset since he did not use it.
He said there isn't any money in it.
CHAIR THOMPSON, regarding the aboriginal rights of the Native
people, asked what it means in terms of fisheries since those
rights were extinguished with the passage of federal law.
MR. HUNTINGTON agreed that there are no aboriginal rights in the
state any longer, except perhaps for Metlakatla. He said he has
worked for the federal government and the term has a different
meaning in the federal arena.
5:08:55 PM
REPRESENTATIVE KAWASAKI asked about Mr. Huntington's experience
on the TCC and asked how it might assist him to serve on the
BOF.
MR. HUNTINGTON responded that he has worked with partners and
people in Western Alaska as well as with the Association of
Village Council Presidents (AVCP). He said he knows almost
everyone in the TCC villages. He has collaborated and testified
before the Northern Pacific [Universities] Marine Mammal
[Research] Consortium]. He said he tries not to say negative
things, but testifies on science or positive management aspects.
REPRESENTATIVE KAWASAKI questioned whether the candidate feels
he needs further study to understand some of the issues that may
come before the board.
MR. HUNTINGTON said he has knowledge of the Bering Sea and the
river areas of Interior Alaska, but is weak on Southeast Alaska
and Southcentral Alaska. He would rely on other board members
to answer question for other regions. He characterized his
position as being unbiased and that he will listen.
REPRESENTATIVE KAWASAKI asked for the process he would use to
make a decision and if he would use the advisory councils, the
department, and the public to guide him.
MR. HUNTINGTON stated he would primarily rely on information
from the Department of Fish and Game (ADF&G), particularly given
their solid scientific base. He indicated if there is a concern
between the ADF&G and a local group that he would listen to both
sides. He said he would not support a proposal that could not
be defended, even if it was from his local area.
REPRESENTATIVE KAWASAKI asked who wrote the memorandum of
introduction for the committee packet.
MR. HUNTINGTON answered that John Moller, [Senior Rural Affairs
Advisor] or Jason Hooley [Director, Boards and Commissions] may
have been the author, but he also submitted his own resume.
5:12:57 PM
CHAIR THOMPSON recalled a 2004 harassment case that was brought
against Mr. Huntington and asked whether there would be any
continued issues along those lines.
MR. HUNTINGTON said the incident happened just before his wife
died and he was in a tenuous situation. He pled no contest in
the case and the case was set aside by the court. He clarified
that it was not due to an anger problem.
5:14:24 PM
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC),
stated that the AOC is a statewide organization that represents
over 10,000 Alaskans who hunt, fish, trap, and enjoy the
outdoors. He related the AOC has noticed a disturbing trend,
which is that the governor has been nominating and the
legislature has been confirming appointees to the BOF who do not
know the laws. The AOC expects members appointed to the BOF to
understand Article 8, Sections 3, 15, and 17, which are commonly
referred to as the common use clauses of Alaska's Constitution.
The Alaska Supreme Court has affirmed and reaffirmed in a number
of decisions what the framers meant when they wrote the words
"all Alaskans have equal rights to fish and game." As a result
of the situation, members of the Chitina Dipnetters - many of
whom live in Chair Thompson's district - have had to finance a
legal action against the Board of Fisheries all the way to the
Alaska Supreme Court. The basic issue has been that the board
ignored the common use clause.
5:15:35 PM
MR. ARNO stated the AOC has reviewed Mr. Huntington's
application and is concerned about his statement, " ...
committed to protecting aboriginal rights of Native people to
continue to live a subsistence way of life and to preserve the
cultural beliefs associated with that way of life ...." He
stated that if Mr. Huntington had simply said he supported the
subsistence way of life, the AOC would have no cause for
concern. He pointed out the Alaska Supreme Court has ruled that
all Alaskans can choose to be subsistence users and the AOC has
members who participate in a subsistence lifestyle. He wanted
to be clear that subsistence is not the issue. Further, if Mr.
Huntington had said he would like to support Native cultural
beliefs, the AOC would not have any cause for concern. He
related that AOC members engage in a variety of belief systems.
MR. ARNO reiterated Mr. Huntington's statement that he wants to
protect aboriginal rights is a cause of concern. He said it is
settled law that the aboriginal rights were extinguished under
ANCSA. He questioned how Mr. Huntington would reconcile what he
perceives as subsistence aboriginal rights with the common use
clause of the Alaska Constitution. He said, "There's no wiggle
room here, Mr. Chairman. We are all equal when it comes to
advocating fisheries resources. We all - no one has any more
right in the process than anyone else." He acknowledged Mr.
Huntington may have clarified this somewhat, but it is still
troubling that he wrote it. He concluded that the AOC cannot
support the appointment of Mr. Orville Huntington to the BOF at
this time.
5:17:35 PM
REPRESENTATIVE AUSTERMAN referred to the partially read line
that Mr. Arno read. He read from Mr. Huntington's one-page
handout in members' packets, " ... as it consistent with State
and Federal law." He asked whether that made any difference to
the AOC.
MR. ARNO answered that it doesn't make any difference since he
was uncertain what language in state or federal law would
acknowledge aboriginal rights in Alaska.
REPRESENTATIVE AUSTERMAN countered that if there isn't any law
then the subject is moot.
MR. ARNO agreed, but asked why this candidate would include the
statement that he is advocating for aboriginal rights since
numerous court decisions have addressed this, including the
Madison, Kenaitze, McDowell, and Payton decisions - noting the
decisions advocated equal participation in subsistence
fisheries.
5:18:56 PM
REPRESENTATIVE KAWASAKI stated that the biography is written in
the third person and it was possibly written by someone in the
governor's office. Hence, the language may not be attributed
directly to the appointee.
MR. ARNO acknowledged that point. He indicated the AOC could
ask the governor's office the reason the statement was included
in Mr. Huntington's biography. He pointed out that that is the
source of the conflict and the reason the litigation is
currently being brought against the BOF.
5:21:19 PM
RICKY GEASE, Kenai River Sportfishing Association (KRSA), stated
the KRSA is neutral on the appointment of Mr. Huntington to the
BOF and said the appointee's comments to the committee were
encouraging. He offered his belief that Mr. Huntington answered
the questions in a fair and honest manner, which cleared up what
could be some troubling questions and issues for the KRSA.
Although the KRSA is currently neutral, said he liked Mr.
Huntington's comments that he will base his decisions on
science. He pointed out what is important in BOFs' members is
that fish comes first the state is conserving fish, and the BOF
will make allocation decisions by consulting with communities.
He concluded by stating he is looking forward to sitting down
with Mr. Huntington and discussing Southcentral Alaska's fishery
issues.
5:22:39 PM
REUBEN HANKE stated that he and his wife own and operate a
fishing business on the Kenai River. He concurred with Mr.
Gease that he has not had an opportunity to interact with Mr.
Huntington at all, but he hoped to do so soon. He said he was
also impressed with Mr. Huntington's answers. He offered a
neutral position on the appointment of Mr. Orville Huntington to
the BOF.
5:23:37 PM
MELVIN GROVE gave a brief synopsis of his affiliations. He said
he is the president of the Prince William Sound Charter Boat
Association, a member of the Mat-Su Fish and Game Advisory
Committee, a board member of the AOC, and president of Alaska
Outdoor Access Alliance; however, he is testifying on behalf of
himself. He related he missed some of Mr. Huntington's
testimony. He said he was concerned about the Native preference
that Mr. Arno previously discussed and was in agreement with his
comments. He said if Mr. Huntington is in support of all
Alaskans as subsistence users he will support his nomination.
He offered his belief this must be the basis for anyone serving
on the BOF since the core principle is that everyone must be
able to participate in any harvestable surplus. He reiterated
that if Mr. Huntington believes in this core principle he will
support his nomination.
5:25:29 PM
ROSE FOSDICK, Member, Kawerak Inc., stated that Kawerak Inc. is
a nonprofit regional organization representing 20 communities in
Northwest Alaska. She stated support for the appointment of Mr.
Orville Huntington to the BOF. She said that Mr. Huntington is
a lifelong resident of Alaska. He is knowledgeable in
subsistence fishing means and methods of harvest and processing.
He also understands the Yukon River and has a good historical
knowledge of the fisheries resources. Further, he understands
the policies and procedures of the BOF from the public side as a
result of his efforts and participation in the process of
regulation changes. She acknowledged his rural perspective and
traditional knowledge of local people in natural resources,
which is why Kawerak Inc. fully supports Mr. Orville
Huntington's nomination to the BOF.
5:27:26 PM
ANDY SZCZESNY stated he does not know Mr. Huntington; however,
he offered his support for the appointment of Mr. Orville
Huntington to the BOF.
5:28:07 PM
MIKE KRAMER stated that he is a long-term member of the
Fairbanks Fish and Game Advisory Committee, although he is not
speaking on behalf of the advisory committee today. He related
he has served as the fisheries subcommittee chair for many
years. He did not have a position on Mr. Huntington. He
expressed his preference to have a strong Interior Alaska voice,
preferably from Fairbanks, who understands the local issues
serving on the board. He said it sounds like Mr. Huntington has
a very good grasp of Yukon River issues, which is important to
Interior Alaskans. He expressed concern, as did Mr. Arno, with
Mr. Huntington's comments with respect to aboriginal rights.
He, too, looked forward to meeting with Mr. Huntington and
learning more about his views on those issues. He urged the
committee to ensure that Interior Alaska has adequate
representation on the BOF.
5:30:12 PM
HEATH HILYARD, Executive Director, SouthEast Alaska Guides
Organization (SEAGO), echoed Mr. Gease's comments in support of
decisions based on the scientific approach of the department,
which he suggested is one of the most critical considerations
when selecting a board member. He stated that SEAGO is neutral
on Mr. Huntington's appointment, but he was encouraged by some
of his comments, his qualifications, and his positions.
5:31:14 PM
GEORGE PIERCE expressed concern with representation on the BOF.
He offered his belief that the BOF has been heavily influenced
by outsiders and special interest groups, such as the KSFA. The
BOF's members should have expertise in science and biology and
represent the people statewide not nonresidents. He urged
members to evaluate the potential members and to remove those
with political motivations. He offered his belief that the BOF
has been politically motivated. He disagreed with the
governor's prior selections to the BOF. He urged the committee
members to fix the corruption on the BOF.
5:33:43 PM
CHAIR THOMPSON closed public testimony on the confirmation
hearing for Mr. Orville Huntington to the BOF.
5:34:01 PM
REPRESENTATIVE MILLER referred to the comment that all Alaskans
are subsistence users and asked for clarification on his
comment.
MR. HUNTINGTON offered his belief that he wrote those comments
when he was working for the federal Fish and Wildlife Service
just after he graduated from college. He characterized his
views as being pretty "gung ho" back then. He said he supports
the rights of all subsistence people receiving their fair share.
He did not think there was any question about that and he did
not think it was an issue.
5:35:25 PM
CHAIR THOMPSON announced that the final order of business would
be the confirmation hearing for Mr. Karl Johnstone to the BOF.
5:36:02 PM
KARL JOHNSTONE, Appointee, Alaska Board of Fisheries (BOF),
Alaska Department of Fish & Game (ADF&G), provided a brief
biography, relating he came to Alaska from law school in 1967
and quickly discovered Alaska was the place for him, due in part
to career opportunities, but primarily due to outdoor
activities. He has been a resident since then. He was
appointed to the Superior Court by Governor Hammond in 1979 and
served on the court until the late 1990s. Additionally, he
served as the presiding judge of the Third Judicial District.
He then briefly worked as a mediator, arbitrator, and lawyer.
He reviewed his previous experience, noting he was appointed to
the BOF in December 2008 to serve out a term. He was appointed
to a full three-year term in 2009. Last October he was elected
as chairman of the BOF. He spoke about his initial service on
the board, indicating that he thought he knew a lot about
fisheries resources since he had commercially fished for salmon
in Bristol Bay and for herring in Southeast Alaska Prince
William Sound. However, he quickly discovered the steep
learning curve necessary to understand fisheries issues. He
emphasized that it takes three years to complete a full cycle to
hear proposals from all areas of the state. He declared that in
most cases board members become better members in their second
term. He concluded by stating that with his background and
experience he fits that category and is willing to serve another
term. He said he finds the job very challenging, if not
particularly enjoyable. He emphasized the state has been good
to him and his family and he finds board services as one means
to give back to the state.
5:38:23 PM
REPRESENTATIVE HERRON said he has never met Mr. Johnstone, but
has seen news reports when he had acted as a judge on some court
case. He referred to the appointee's statement that it is a
difficult job, yet enjoyable. He asked whether the governor
approached him or if he asked the governor to allow him to serve
a second term.
MR. JOHNSTONE clarified that the first term he served one year
but initially turned down the appointment; however, Governor
Palin asked him to serve so he accepted. He related that he did
not object to serving a subsequent term. He clarified that he
did not say he enjoyed the job; rather the job is not enjoyable,
but he finds it challenging. He characterized the BOF's service
as engaging, challenging, and worthwhile.
REPRESENTATIVE HERRON reported that he has received numerous e-
mails with respect to Mr. Johnstone's reappointment for another
three-year term. He said, "Most of the time, to be perfectly
honest, it's about having a Board of Fish member who - quote,
unquote - 'commutes' from the Lower 48. Can you please comment
on that?"
MR. JOHNSTONE said this isn't the first time his residency has
been questioned. He stated he is qualified to assess residency
since he has often decided those issues as a judge and lawyer.
He said he does not commute to Alaska, but after retiring as a
judge has spent winters outside of the state in Prescott,
Arizona to remain active. He highlighted that he has maintained
his voting residency in Alaska and his cars are registered in
Alaska. Additionally, he has resident hunting and fishing
licenses, conducts his business from Anchorage, and has owned a
home in Anchorage since 1968. He has received the permanent
fund dividend (PFD) check for the past few years and he intends
to remain a resident of the state. He offered his belief that
owning a home in Prescott, Arizona does not legally preclude his
residency in Alaska. He just doesn't want to spend winters in
Alaska and thousands of other Alaskans travel outside Alaska
during the winter and don't lose their residency. He agreed he
is not in Alaska full-time, but spends enough time in Alaska to
maintain his residency.
REPRESENTATIVE HERRON asked whether he applies for a PFD.
MR. JOHNSTONE replied yes. He said he has applied for and
received his PFD check the last three years.
5:42:52 PM
REPRESENTATIVE KAWASAKI referred to documents from his office
received in opposition to Mr. Johnstone's appointment. He
acknowledged that he normally doesn't give unsigned documents
much weight; however, he summarized the allegations in a four-
page unsigned letter. The letter alleges he winters in Arizona
where he maintains a home for eight months of the year.
Further, the letter alleges that in the past two years the BOF
met in Anchorage for a total of 43 days and Mr. Johnstone
collected per diem during that time. He asked whether this is
true and for him to outline any extenuating circumstances.
MR. JOHNSTONE said he addressed this several times in the past
thirty days. After the first two meetings he realized the job
extended beyond eight hours. He related that the BOF meets long
days, beginning at six in the morning and often go late into the
evening. He asked the executive director about the policy. He
said he did not demand a hotel, but he informed staff he did not
want to spend time outside the meetings at breakfasts and
dinners being "wined and dined" while meeting with stakeholders
and then have to drive the 15 or so miles to his home at 10 or
11 p.m. He said he was told it was preferable for him to stay
in the city and other state employees in similar circumstances
have stayed in hotels and received per diem. He agreed to do
so. He received approval to remain in the city, versus. He
said, "Apparently I was issued a waiver at the request of the
board-supported executive director from the rule that under
normal circumstances prohibited paying for a hotel (indisc.) or
per diem when attending a meeting in a city he lived in." He
related that [the waiver] was issued by Kevin Brooks,
administrative director of the Alaska Department of Fish & Game
(ADF&G) because he found it was in the best interest of the
state to have him remain close at hand, versus him driving the
30-45 minute commute home. He said he agreed with the decision.
He concluded by stating that a procedure and policy was set
forth and he has followed those policies.
REPRESENTATIVE KAWASAKI offered to provide him with a copy.
5:48:46 PM
BILL BROWN, Member; Vice-Chair, Board of Fisheries, Alaska
Department of Fish & Game (ADF&G) stated he was appointed in
2008 by Governor Palin and reappointed in 2011 by Governor
Parnell. In 2008, he met Mr. Johnstone and served with him on
the BOF for four years. He said feels he knows him very well
and gives him the strongest possible recommendation. He pointed
out Mr. Johnstone comes to meetings extremely well prepared,
despite that members often have 2,000 pages of materials to read
for a meeting. Mr. Johnstone brings extensive notes to
meetings, attesting to his preparation. He brings a sense of
fairness to the BOF, considers all sides of issues, and he
brings a unique background of commercial fishing, sport fishing,
and legal expertise to the BOF. He acknowledged at times Mr.
Johnstone is brusque, but he still listens to people and spends
significant time with stakeholders. As chair, he runs the BOF
meetings well and allows everyone an opportunity to speak.
While he often does not share Mr. Johnstone's viewpoint and he
often votes differently from him, he respects Mr. Johnstone's
opinion. He emphasized an effective board must have members
with broad knowledge and perspective who have a statewide
perspectives on all fishing sectors, including subsistence and
commercial fishing. He concluded his testimony by stating, "I
give him the highest possible recommendation, Mr. Chair."
5:52:23 PM
REED MORISKY related that he is a sport fishing guide in
Interior Alaska. His family owns a sport fishing guide business
in Fairbanks. He offered his favorable support for the
appointment of Mr. Karl Johnstone to the BOF. He described Mr.
Johnstone's decision-making process as even handed. He also
finds him to be neutral on sport fishing and commercial fishing.
He concluded by reiterating that Mr. Johnstone is an even-
handed, well-considered board member who takes everyone's
insight into consideration. He understands and applies the
principles of Alaska's Constitution in the BOF process. He
concluded that he supports the confirmation of Mr. Johnstone to
the BOF.
5:53:56 PM
HOWARD DELO, Member, Matanuska-Susitna Borough Fish and Wildlife
Commission, stated he is a past member of the BOF. He spoke in
support of Mr. Karl Johnstone's reappointment to the BOF. He
served with him for about 18 months as a fellow board member.
He echoed Mr. Brown's statements about Mr. Johnstone's
preparedness. He described him as one of the most knowledgeable
board members. He has the ability to clarify discussions and
puts the fish resources first to ensure that the resource is
protected. Further, the appointee has been even handed and fair
in determining allocation issues. He offered his belief that
Mr. Johnstone represents the best qualities of a board member.
He agreed a board member becomes more valuable when they serve a
second term. He concluded by stating that he firmly supports
Mr. Johnstone's confirmation to the BOF for a second term.
5:58:05 PM
ANDREW COUCH stated he is a member of the Matanuska-Susitna Fish
& Game Advisory Committee and has served on the Matanuska-
Susitna Borough Fish and Wildlife Commission. He said he is a
fishing guide in the Matanuska-Susitna Valley and owner of Fish
Tale River Guides. Additionally, he said he is a member of the
Alaska Outdoor Council (AOC), the Alaska Sportfishing
Association, the Mat-Su Anglers Club, but is representing
himself today. He offered his support for the reappointment of
Mr. Karl Johnstone to the BOF. He stated he has had direct
experience with the appointee, which has been positive. He
highlighted that Mr. Johnstone considers conservation of the
resources, noting the significant concern which has been raised
over Mat-Su fisheries stocks. He indicated Mr. Johnstone has
worked to resolve these issues, which are ongoing. He noted he
has personally submitted proposals to the BOF, some of which the
appointee has not supported; however, he has found Mr. Johnstone
is well prepared for meetings and he fully supports him serving
another term on the BOF.
6:01:11 PM
BRUCE KNOWLES stated he serves on the Susitna Fish and Game
Advisory Committee and he also serves on the MSB's [Fish and
Wildlife Commission]. He characterized Mr. Johnstone as one of
the top five board members who have served on the BOF in the
past twenty years. He credited him with the ability to shape
the issue concisely and as someone who has helped resolve
longstanding issues in the Cook Inlet. He described him as a
dynamic leader, capable of resolving upcoming issues in the next
three years, who puts the fishery resources first. He offered
his support for the reappointment of Mr. Karl Johnstone to the
BOF.
6:02:39 PM
MELVIN GROVE stated he runs a charter fishing operation in
Valdez and serves as president of the Prince William Sound
Charter Boat Association. He provided a partial list of his
affiliations, including that he serves on the Alaska Outdoor
Access Alliance and as a committee member on the Mat-Su Fish and
Game Advisory Committee. He said he has participated in
numerous BOF meetings. While he acknowledged Mr. Johnstone as a
professional who runs a great meeting, he said he disagrees with
Mr. Johnstone's vote on the Chitina Dipnet Fishery. He offered
his belief that vote went against the core value that all
Alaskans are subsistence users given that many people had
established a history of fishing in that fishery for years. He
suggested that may be his own philosophy, but many people he
knows share this core value. While Mr. Johnstone seemed fair in
a number of his decisions, the previously mentioned core
principle is lacking. He emphasized that Alaskans should come
first over commercial fishing use. He preferred to have someone
serve on the board that will hold the core values and principles
that Alaskans come first as subsistence users.
6:05:47 PM
ROLAND MAW observed that some suitability issues have arisen and
he finds Mr. Johnstone short with members of the public. He has
also observed rather loud discussions arise in the community.
He reiterated that suitability issues have arisen during Mr.
Johnstone's current tenure and he does not appear to be tolerant
of some input from residents. He suggested that while some
suitability and temperament issues exist, if Mr. Johnstone
doesn't repeat this behavior it could result in a positive
experience in the future. He questioned, given the temperament
issues, whether Mr. Johnstone should serve a second term.
6:07:20 PM
MIKE CRAWFORD stated he is the current chair of the Kenai-
Soldotna Fish and Game Advisory Committee and serves as the
president of the Safari Club on the Kenai Peninsula; however he
is speaking on behalf of himself today. He has attended
numerous Board of Fisheries and Board of Game meetings. He
indicated he has found Mr. Johnstone well prepared for meetings
and his legal, sport fish, and commercial fishing background are
beneficial. Further, he runs an organized, direct, and timely
meeting and makes himself available before, during breaks, and
after the meetings. He said Mr. Johnstone has done a good job
and he would like to see him continue on the BOF. He offered
his support for the reappointment of Mr. Karl Johnstone to the
BOF.
6:08:22 PM
JOE CONNERS stated he has lived on the Kenai River at Sterling
for the last forty years. He said he is a lodge owner and runs
a charter business. He related he has participated in nearly
all the committees and activities for the last 35 years. He
said he has been extremely pleased with Mr. Johnstone's
demonstrated behavior to date. He likes his analytical skills
and that he "cuts to the chase." He described him as very
knowledgeable. He spoke in support of the reappointment of Mr.
Karl Johnstone to the BOF, simply based on his behavior.
6:09:31 PM
MONTY ROBERTS stated he has a number of groups he supports, but
he would stick to making comments on his observations about Mr.
Johnstone's service on the BOF. He related that Mr. Johnstone
knows the issues and makes balanced and fair decisions, whether
the decisions were in his favor or not. He offered his support
for the reappointment of Mr. Karl Johnstone to the BOF.
6:10:34 PM
DAVID GOGGIA, President, Kenai River Professional Guide
Association (KRPGA), stated he is a longtime Kenai resident. He
echoed the earlier testimony with respect to the positive
influence Mr. Johnstone has had on the BOF. He described him as
easy to talk to, accessible, and knowledgeable. He said the
board would be at a loss if Mr. Johnstone was not reappointed.
He concluded by stating he would appreciate members' vote and
support for the reappointment of Mr. Karl Johnstone to the BOF.
6:11:22 PM
STAN MALCOM, Member, Petersburg Charter Boat Association (PCBA),
offered his support for the reappointment and confirmation of
Mr. Karl Johnstone to the BOF. He said he has attended all of
Southeast Alaska's BOF meetings since Mr. Johnstone was first
appointed to the BOF and has no doubt that Mr. Johnstone's
primary concern is for the long term sustainability of our fish
resources. He noted that how the department manages those
resources does not result in Mr. Johnstone's automatic
endorsement of their recommendations. His professionalism and
how he conducts the board process as chair is the best he has
seen during his attendance of over 20 years of Board of
Fisheries meetings. He described Mr. Johnstone's approach to
decision making as fair and reasoned regarding the state's
resources and management, as well as how those decisions affect
different user groups. He offered his belief that it will be a
loss for the state if Mr. Johnstone is not confirmed.
6:12:51 PM
RICKY GEASE, Executive Director, Kenai River Sportfishing
Association (KRSA), related that the KRSA is a nonprofit fishery
conservation organization in Soldotna. He has personally
attended many BOF meetings in the Cook Inlet and around the
state. He offered the KRSA's full support for the reappointment
of Karl Johnstone to the BOF. He related that Mr. Johnstone's
judicial background and training are evident when it comes to
seeking and eliciting input on the differing viewpoints
proposals that come before the BOF. He said Mr. Johnstone is
well prepared, in fact, he has not seen a better prepared
member. He related a scenario during which several weeks of
meetings were held on an issue in Cook Inlet. He surmised that
Mr. Johnstone was the only board member who read through
thousands of pages of materials. Further, he found Mr.
Johnstone approachable and interested in feedback and opinions
of the user groups.
MR. GEASE said he has noticed Mr. Johnstone's approach as board
chair. First, Mr. Johnstone has set up a process for the BOF to
use on contentious issues. Second, he has worked to reconsider
policies and procedures with respect to conflicts of interest.
Third, he has built a record of decision-making into the
process. He provided an example of record building, such as
when a regulation was adopted, but the regulation was not based
on language approved by the board. The record and BOF's audio
for the meeting was reviewed and in doing so it was evident that
the clearest discussion came from Mr. Johnstone's thorough
testimony since Mr. Johnstone went line-by-line through the
proposals to clarify with the department and legal exactly what
was meant. He said the outcome was the regulation was appealed
to the commissioner and the BOF. He reiterated that Mr.
Johnstone is thorough, well prepared, and his legal expertise is
a bonus to the board. Further, his background in commercial
fisheries, personal use, and sport fishing is very important.
He characterized the BOF as a difficult board on which to serve,
noting many people underestimate the time, effort, and intensity
that it takes to work through the board process. He considered
Mr. Johnstone BOF's service the gold standard.
6:16:42 PM
REUBEN HANKE stated he and his wife own a business on the Kenai.
He said he has had the pleasure of working with Mr. Johnstone in
Cook Inlet meetings as well as observing him during the Board of
Fisheries meetings. He said he finds Mr. Johnstone very
approachable before, during breaks, and after every meeting and
he makes himself very accessible to people. He agreed with Mr.
Gease that Mr. Johnstone has been working to establish policies
and procedures that contribute to the transparency, which is
important to the public process.
6:18:17 PM
ANDY SZCZESNY, Member, Board of Directors, Kenai River Guide
Academy (KRGA), stated he is a former BOF member. He stated
everyone has already stated all of the good things about Mr.
Johnstone. He said he is one of the brightest and most prepared
members he has seen in 20 years. He spoke in support for the
reappointment of Mr. Karl Johnstone to the BOF.
6:18:41 PM
MIKE KRAMER spoke in support of the reappointment of Karl
Johnstone to the BOF. He echoed former member Mr. Delo's
comments about a board member's second term since the member
will have gone through the complete cycle of proposals and can
better understand the fisheries in the state. He said he
doesn't always agree with Mr. Johnstone, but he appreciates some
of the procedural changes he has made on the BOF, which has
resulted in more efficient and transparent meetings. He offered
his belief that Mr. Johnstone is a leader on the board. He
concluded by reiterating his support for Mr. Johnstone's
reappointment to the BOF.
6:19:35 PM
HOLLY VANPELT stated she is a 38-year resident of Alaska. She
has previously participated in the charter industry; however,
she is currently a recreational angler. She said she has also
testified and attended numerous fisheries meetings. She
stressed the importance that a person serving on a decision-
making process be diligent, informed, and put the resources
first. She said she listened to today's testimony and found the
predominate view to be that Mr. Johnstone is a well informed and
well-respected person, as well as an efficient handler of the
process. She concluded that she would like to see Mr. Johnstone
reappointed to achieve a transparent and well-functioning BOF.
6:20:43 PM
HEATH HILYARD, Executive Director, SouthEast Alaska Guides
Organization (SEAGO), echoed earlier remarks. He offered the
SEAGO's unqualified support for the reappointment of Mr. Karl
Johnstone to the BOF. He related a personal experience he had
in March 2012, attending his first BOF meeting as the executive
director of SEAGO. While he was fortunate to have other members
advise him, Mr. Johnstone provided feedback to better help him
understand the process. He recalled one particular proposal
that SEAGO proposed with respect to changes in the allocation of
commercial rockfish in Southeast Alaska. He approached Mr.
Johnstone regarding the merits of the proposal. He found Mr.
Johnstone listened intently, but Mr. Johnstone made comments
that he did not find sufficient evidence in the proposal to
warrant reallocation at this time. He has also viewed his
action on other proposals and in each one Mr. Johnstone
demonstrated his deference to scientific support for the
fisheries. He echoed earlier comments about Mr. Johnstone's
preparedness and engagement. He concluded with SEAGO's
wholehearted support for Mr. Johnstone's reappointment to the
BOF.
6:23:17 PM
GEORGE PIERCE stated his opposition for the reappointment of Mr.
Karl Johnstone to the BOF. He said the BOF needs to be
investigated. He expressed concerns about special interest
groups serving on the board and noted one reason people want Mr.
Johnstone to continue to serve is that they all agree. He
suggested that scientists and biologists should serve on the
fish board. He offered his belief that fish guides have been
representing their own interests. He questioned whether
residents have been heard from at this hearing and how informed
Mr. Johnstone could be if he only lives in Alaska part time. He
recalled that the sport fishing guides all testified on Mr.
Johnstone's behalf. He suggested that the system should be
broken up. He testified several years ago on the personal use
fishery, which he characterized as a bad fishery. He declared
it to be overfished. He noted that it kills the habitat, kills
people, and the BOF doesn't address this issue. He surmised
that the BOF does not look out for the residents of Alaska, but
looks out for special interest groups.
MR. PIERCE referred to an earlier comment that Mr. Johnstone
[and other board members are] "wined and dined." He said, "We
don't need them wined and dined." He suggested the BOF members
currently have lunch and barbeques with the sports fishing
organizations. He also said, "We need scientists, gentlemen,
and it's up to you to break this chain." The board members
should be available for 12 months out of the year. He urged the
committee to withhold the advancement of this appointee. He
concluded the state doesn't need judges to make fisheries'
decisions; instead, we need biologists and someone who
represents Alaskans to make them. He asked members to change
this cycle and get someone on the BOF that will do what's right.
He expressed frustration that the BOF will not meet on the Kenai
Peninsula even though ninety percent of proposals are generated
from the area. He questioned why the BOF does not meet on the
Kenai Peninsula, which he characterized as a "slap in the face"
to the residents on the Kenai Peninsula who are disenfranchised
unless they go to Anchorage or Ketchikan to attend BOF meetings.
He concluded by stating that special interest groups are
controlling the [BOF.]
6:27:04 PM
CHAIR THOMPSON closed public testimony on the confirmation
hearing for Mr. Johnstone to the BOF.
6:27:18 PM
CHAIR THOMPSON announced that the House Special Committee on
Fisheries has reviewed the qualifications of the governor's
appointees referred to the House Special Committee on Fisheries.
REPRESENTATIVE THOMPSON moved to advance the confirmations for
the appointees and to forward the names of Mr. Orville
Huntington and Mr. Karl Johnstone on to the joint session of the
legislature for confirmation by the full body. He noted that
each member's signature on the committee's report in no way
reflects the member's vote during the joint floor session.
There being no objection, the confirmations were advanced.
6:27:48 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 6:27
p.m.
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