Legislature(2023 - 2024)GRUENBERG 120

01/31/2023 10:00 AM House FISHERIES

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Audio Topic
10:00:12 AM Start
10:02:04 AM Presentation(s): Yukon Kuskokwim Fisheries Collapse Update
11:14:40 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Yukon and Kuskokwim Fisheries TELECONFERENCED
Collapse Update by Commissioner Doug
Vincent-Lang, Department of Fish and Game
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                        January 31, 2023                                                                                        
                           10:00 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sarah Vance, Chair                                                                                               
Representative Kevin McCabe                                                                                                     
Representative CJ McCormick                                                                                                     
Representative Ben Carpenter                                                                                                    
Representative Louise Stutes                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Representative Mike Cronk                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S): YUKON KUSKOKWIM FISHERIES COLLAPSE UPDATE                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DOUG VINCENT-LANG, Commissioner                                                                                                 
Department of Fish and Game                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Gave a PowerPoint presentation, titled                                                                   
"State of Artic Yukon and Kuskokwim (AYK) Fisheries."                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:00:12 AM                                                                                                                   
                                                                                                                              
CHAIR  SARAH   VANCE  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order  at  10:00  a.m.    Representatives                                                               
Carpenter, Stutes, and  Vance were present at the  call to order.                                                               
Representatives McCabe  and McCormick arrived as  the meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
^PRESENTATION(S): YUKON KUSKOKWIM FISHERIES COLLAPSE UPDATE                                                                     
   PRESENTATION(S): YUKON KUSKOKWIM FISHERIES COLLAPSE UPDATE                                                               
                                                                                                                              
10:02:04 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE announced that the only  order of business would be a                                                               
presentation on the Yukon and Kuskokwim fisheries.                                                                              
                                                                                                                                
10:02:17 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 10:02 a.m. to 10:09 a.m.                                                                     
                                                                                                                                
10:09:02 AM                                                                                                                   
                                                                                                                                
DOUG VINCENT-LANG,  Commissioner, Alaska  Department of  Fish and                                                               
Game (ADF&G),  gave a PowerPoint  presentation, titled  "State of                                                               
Artic Yukon  and Kuskokwim (AYK)  Fisheries" [hard  copy included                                                               
in the committee packet].  He  started on slide 2, which showed a                                                               
map of  the salmon management areas  in the state.   He explained                                                               
that there are also treaty  obligations when salmon spawn in both                                                               
the U.S. and Canada.                                                                                                            
                                                                                                                                
COMMISSIONER  VINCENT-LANG continued  to  slide 3  showing a  bar                                                               
graph of  the Yukon  River's total  king salmon  run.   The graph                                                               
showed that  the size  of salmon runs  fluctuate, and  he pointed                                                               
out that  in the last several  years there has been  a decline in                                                               
king salmon production statewide.   He mentioned the restrictions                                                               
that have  been put in place.   He stated that  under the Pacific                                                               
Salmon Treaty, there is an obligation  to allow up to 55,000 fish                                                               
to pass  into Canada, and  he commented that this  obligation has                                                               
not been met in recent years, as seen on the graph.                                                                             
                                                                                                                                
COMMISSIONER VINCENT-LANG  continued to  slide 4 and  pointed out                                                               
that the Yukon  River king salmon harvest has failed  to meet the                                                               
amount necessary for  subsistence.  He added that  the amount has                                                               
only been met twice  over the past 15 years.   He stated that the                                                               
treaty is taking precedence over  subsistence.  He moved to slide                                                               
5 and  addressed the  Yukon River summer  chum salmon  total run.                                                               
He  pointed out  that this  graph  only shows  fish that  spawned                                                               
entirely in  U.S. waters.   He  pointed out  that there  has been                                                               
very poor escapement even though it was expected to be average.                                                                 
                                                                                                                                
10:15:19 AM                                                                                                                   
                                                                                                                                
COMMISSIONER  VINCENT-LANG showed  slide 6,  titled "Yukon  River                                                               
Summer Chum  Salmon Harvest  by Type."   He explained  that ADF&G                                                               
has  been meeting  amounts necessary  for subsistence  (ANS), but                                                               
from 2020 to  2022, there was severely  restricted commercial and                                                               
subsistence  fishing,  and  from  2021  to  2022,  there  was  no                                                               
commercial fishing.   He  moved to  slide 7  and pointed  out the                                                               
failed escapement  goals from 2020  through 2022.  He  noted that                                                               
2022 had  shown improvements and  a slight rebuilding.   He moved                                                               
to slide 8 and discussed  the Yukon River chum salmon subsistence                                                               
and  personal use  harvests, which  also failed  escapement goals                                                               
from  2020 to  2022.   He  pointed out  a  chart on  slide 9  and                                                               
discussed the  Kuskokwim River king  salmon escapement  from 1990                                                               
to 2022.                                                                                                                        
                                                                                                                                
10:17:57 AM                                                                                                                   
                                                                                                                                
COMMISSIONER  VINCENT-LANG  continued to  a  graph  on slide  10,                                                               
which showed  the current ANS range  on the Kuskokwim River.   He                                                               
stated that  although escapement  goals are  being met,  ADF&G is                                                               
not meeting ANS ranges.   He noted that the jurisdictional issues                                                               
in the  Lower Kuskokwim River  have contributed to  this outcome.                                                               
He displayed slide  11 and stated that the  chum salmon situation                                                               
for  the Kuskokwim  River  is  like the  situation  in the  Yukon                                                               
River, as  it was way below  average in terms of  returns and for                                                               
ANS in  2020 through 2022.   He  highlighted the graphs  on slide                                                               
12, which  showed a  reduced production  rate from  2018 forward.                                                               
He moved  to slide 13,  titled "Kuskokwim River  Sockeye Salmon."                                                               
He pointed  out that this is  a "bright spot," as  sockeye salmon                                                               
have performed well  across coastal Western Alaska.   He moved to                                                               
the  summary  on  slide 14,  which  shows  reduced  productivity,                                                               
results of  reduction, and increased  productivity.   He stressed                                                               
the  impact   on  local  communities,  cultural   practices,  and                                                               
economy.  He paused for questions from committee members.                                                                       
                                                                                                                                
10:22:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MCCABE  asked  why  the  federal  government  has                                                               
control over the king salmon on the Lower Kuskokwim River.                                                                      
                                                                                                                                
COMMISSIONER VINCENT-LANG  answered that last spring  the federal                                                               
government sued ADF&G and the  State of Alaska, claiming that the                                                               
state's  management was  interfering with  the management  of the                                                               
Federal  Subsistence  Board.    A federal  judge  in  Alaska  has                                                               
restrained  ADF&G  from issuing  emergency  orders  in the  Lower                                                               
Kuskokwim  River until  the  case is  heard.   In  response to  a                                                               
follow-up  question,  he  expressed   the  expectation  that  the                                                               
injunction would  be put in place  this year.  He  added that the                                                               
Kuskokwim  River is  a  navigable waterway  owned  by the  state;                                                               
however, it is adjacent to or near abutting federal land.                                                                       
                                                                                                                                
REPRESENTATIVE MCCABE asked  if the "404 primacy"  that the state                                                               
is working on would be helpful for a resolution.                                                                                
                                                                                                                                
COMMISSIONER VINCENT-LANG expressed the  belief that the state is                                                               
vested  in the  statehood compact,  and as  a result,  it is  the                                                               
state's  authority to  manage fish  and game  resources, not  the                                                               
federal government's  authority.   He said  ADF&G would  fight to                                                               
maintain this  authority.  In  response to a  follow-up question,                                                               
he  explained  that  ADF&G  manages   the  salmon  resources  for                                                               
sustainability, and  this includes  the fisheries  dependent upon                                                               
this  resource.    He  explained that  the  minimum  returns  the                                                               
department is  targeting would be  the minimum of  the escapement                                                               
goal range.   He made it clear that ADF&G  does not believe these                                                               
resources are  in danger of  extinction.   He went on  to explain                                                               
several of  the things ADF&G  is moving forward on,  ranging from                                                               
using  Covid-19 funds,  working with  governmental organizations,                                                               
implementing  a marine  science program,  and utilizing  money in                                                               
the budget  to extend into the  north Gulf of Alaska  to find out                                                               
if  there are  common  linkages.   He  noted  that projects  also                                                               
require cooperation of other international entities.                                                                            
                                                                                                                                
COMMISSIONER VINCENT-LANG,  in response to a  committee question,                                                               
answered that there  is evidence salmon are  returning at reduced                                                               
numbers,  sizes,  and   at  younger  ages.     He  expressed  the                                                               
understanding  that   this  last  piece  of   evidence  indicates                                                               
something  is affecting  most of  the  fish.   He suggested  that                                                               
warmer waters are a contributing factor.                                                                                        
                                                                                                                                
COMMISSIONER VINCENT-LANG continued to  slide 16, which addressed                                                               
the   Bycatch   Review   Task   Force.      He   confirmed   that                                                               
recommendations  from  the  task force  would  determine  ADF&G's                                                               
actions.   In response  to a committee  question, he  stated that                                                               
the  Bycatch Review  Task Force  is made  up of  a wide  range of                                                               
individuals from  across the state, including  members of various                                                               
commercial  and sport  fishing groups  and industries,  including                                                               
those from the  AYK region.  He stated  that within approximately                                                               
9 months,  the group had  conducted up to  50 meetings, and  as a                                                               
result, ADF&G  came up with a  set of solid recommendations.   In                                                               
response to  a follow-up question,  he stated that a  decision on                                                               
whether  to continue  the  task  force has  not  been  made.   He                                                               
continued  that ADF&G  does not  know if  there will  be anything                                                               
more   to  report   until  some   of   the  recommendations   are                                                               
implemented.  He continued that  other ADF&G actions concern chum                                                               
salmon in  the Bering Sea,  and in the  past year, it  has worked                                                               
with  the  Bering  Sea  trawl  fisheries  to  learn  about  self-                                                               
regulation,  which resulted  in  significant  reductions of  chum                                                               
salmon bycatch.  He said ADF&G  is asking the industry to look at                                                               
innovative ways to reduce bycatch of all species.                                                                               
                                                                                                                                
10:46:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES  asked how ADF&G  is working with  the long                                                               
line or pot fishermen and their bycatch situation.                                                                              
                                                                                                                                
COMMISSIONER  VINCENT-LANG explained  that  ADF&G  is looking  at                                                               
electronic monitoring  and increasing observer coverage  to avoid                                                               
bycatch,  and to  get better  estimates of  what is  happening in                                                               
these two  gear types.  In  response to a follow-up  question, he                                                               
stated  that  there  is  a  requirement in  some  of  the  bigger                                                               
fisheries with long  line or pot fishing gear in  the Bering Sea,                                                               
but the  smaller and  medium size fisheries  are not  100 percent                                                               
monitored.                                                                                                                      
                                                                                                                                
REPRESENTATIVE MCCABE asked about  the difference between bycatch                                                               
in pot and trawl fisheries.                                                                                                     
                                                                                                                                
COMMISSIONER  VINCENT-LANG responded  that  the  methods are  all                                                               
unique in how fish are caught,  and bycatch is affected.  He gave                                                               
examples  of how  different species  are affected  with different                                                               
gear  used.    In  response   to  a  follow-up  question  bycatch                                                               
concerning the  mortality rate, he  reiterated that  this depends                                                               
on a wide  range of issues associated with the  gear, such as how                                                               
long the  pot gear is  "soaked" and the size  of the trap  on the                                                               
pots.   He  expressed  uncertainty concerning  the exact  bycatch                                                               
fatality rate.   He  moved to slide  17, which  addressed working                                                               
with  partners   concerning  fisheries  disasters.     The  slide                                                               
highlighted the development of the  Spend Plan, disaster funding,                                                               
and in-river studies  with partners.  He stated that  this is all                                                               
with the hope of affecting returns and survival.                                                                                
                                                                                                                                
REPRESENTATIVE CARPENTER,  concerning the Spend  Plan, questioned                                                               
what  percentages would  be put  into the  research portion,  the                                                               
administration  for   research  portion,  and  the   portion  for                                                               
individual fishers for the disaster relief.                                                                                     
                                                                                                                                
COMMISSIONER   VINCENT-LANG  explained   that   ADF&G  has   been                                                               
successful  in  getting  additional  federal  money  through  the                                                               
Pacific  Salmon  Treaty; therefore,  this  money  would be  going                                                               
toward answering these  questions.  He further  responded that 15                                                               
to 20 percent of the money would be going to non-research.                                                                      
                                                                                                                                
CHAIR  VANCE   questioned  how  the   Spend  Plan   would  affect                                                               
subsistence users.                                                                                                              
                                                                                                                                
COMMISSIONER VINCENT-LANG acknowledged  that there is frustration                                                               
over the federal  designation of Pacific states  to develop these                                                               
plans, and the amount of time it  would take.  He said that ADF&G                                                               
has taken steps with the Pacific  states to speed the process up.                                                               
He stated that public review would  also play a major part in how                                                               
the  money is  spent, although  this would  take more  time.   In                                                               
response to  a follow-up question,  he confirmed that  there have                                                               
been  positive responses  to community  involvement in  the Spend                                                               
Plan.                                                                                                                           
                                                                                                                                
COMMISSIONER VINCENT-LANG concluded on  slide 18, summarizing the                                                               
entities ADF&G is  working with.  He added that  ADF&G is open to                                                               
working with other partners as well.                                                                                            
                                                                                                                                
CHAIR VANCE asked whether the  in-river incubation boxes would be                                                               
under the educational permit system.                                                                                            
                                                                                                                                
COMMISSIONER VINCENT-LANG responded  that the proposed incubation                                                               
boxes  would  be   implemented  through  the  hatchery-permitting                                                               
program.                                                                                                                        
                                                                                                                                
CHAIR VANCE asked if there  was a difference between a full-scale                                                               
hatchery and the proposed incubation boxes.                                                                                     
                                                                                                                                
COMMISSIONER  VINCENT-LANG expressed  the  opinion that  survival                                                               
could be increased by using the incubation boxes.                                                                               
                                                                                                                                
CHAIR VANCE  commented on  having the  Bycatch Review  Task Force                                                               
available  for   questions  so  members   would  have   a  better                                                               
understanding of how the state should proceed.                                                                                  
                                                                                                                                
11:14:40 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries meeting  was adjourned  at 11:15                                                               
a.m.                                                                                                                            

Document Name Date/Time Subjects
(H)FSH ADF&G Presentation on AYK Fisheries 1.31.23.pdf HFSH 1/31/2023 10:00:00 AM
(H)FSH ADF&G Presentation on AYK Fisheries 1.31.23