Legislature(2005 - 2006)CAPITOL 124

04/29/2005 01:00 PM House RESOURCES


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01:42:13 PM Start
01:55:05 PM Commercial Fisheries Entry Commission, Commissioner
01:57:12 PM Board of Fisheries
02:42:30 PM Alaska Board of Game
02:56:59 PM Alaska Department of Fish & Game, Commissioner
03:52:41 PM Alaska Department of Environmental Conservation, Commissioner
04:12:49 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to 1:30 --
+ Confirmation hearings: TELECONFERENCED
Commissioner, Environmental Conserv.
Commissioner, Fish and Game
Board of Game
Board of Fisheries
Ak Commercial Fisheries Entry Commission
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 29, 2005                                                                                         
                           1:42 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Co-Chair                                                                                             
Representative Ralph Samuels, Co-Chair                                                                                          
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Kurt Olson                                                                                                       
Representative Paul Seaton                                                                                                      
Representative Harry Crawford                                                                                                   
Representative Mary Kapsner                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jim Elkins                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Commercial Fisheries Entry Commission, Commissioner                                                                           
                                                                                                                                
     Peter Froehlich - Juneau                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Board of Fisheries                                                                                                     
                                                                                                                                
     Rupert Andrews - Juneau                                                                                                    
     John Jensen - Petersburg                                                                                                   
     Mel Morris - Kodiak                                                                                                        
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Board of Game                                                                                                          
                                                                                                                                
     Ron Somerville - Juneau                                                                                                    
     Carl Morgan - Aniak                                                                                                        
     Ted Spraker - Soldotna                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Department of Fish & Game, Commissioner                                                                                
                                                                                                                                
     McKie Campbell - Juneau                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
                                                                                                                                
Alaska Department of Environmental Conservation, Commissioner                                                                 
                                                                                                                                
     Kurt Fredriksson - Juneau                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No activity to record                                                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
PETER FROEHLICH, Appointee                                                                                                      
Commissioner                                                                                                                    
Commercial Fisheries Entry Commission                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Discussed his desire and qualifications for                                                                 
his appointment and answered questions.                                                                                         
                                                                                                                                
RUPERT ANDREWS, Appointee                                                                                                       
Alaska Board of Fisheries                                                                                                       
POSITION STATEMENT: Discussed his desire and qualifications for                                                                 
his appointment and answered questions.                                                                                         
                                                                                                                                
JOHN JENSEN, Appointee                                                                                                          
Alaska Board of Fisheries                                                                                                       
POSITION STATEMENT: Discussed his desire and qualifications for                                                                 
his appointment and answered questions.                                                                                         
                                                                                                                                
MEL MORRIS, Appointee                                                                                                           
Alaska Board of Fisheries                                                                                                       
POSITION STATEMENT: Discussed his desire and qualifications for                                                                 
his appointment and answered questions.                                                                                         
                                                                                                                                
CARL CROME, Commercial Fisherman                                                                                                
Petersburg, Alaska                                                                                                              
POSITION STATEMENT: Testified in support of the confirmation of                                                                 
John Jensen and Mel Morris.                                                                                                     
                                                                                                                                
RICKY GEASE Executive Director                                                                                                  
Kenai River Sport Fishing Association                                                                                           
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of  the confirmation of                                                               
all three  appointees to the  Board of Fisheries and  Mr. Spraker                                                               
for the Board of Game.                                                                                                          
                                                                                                                                
RONALD SOMERVILLE, Appointee                                                                                                    
Alaska Board of Game                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Discussed his desire and  qualifications for                                                               
his appointment and answered questions.                                                                                         
                                                                                                                                
CARL MORGAN, Appointee                                                                                                          
Alaska Board of Game                                                                                                            
POSITION STATEMENT: Discussed his desire and qualifications for                                                                 
his appointment and answered questions.                                                                                         
                                                                                                                                
TED SPRAKER, Appointee                                                                                                          
Board of Game                                                                                                                   
POSITION STATEMENT: Discussed his desire and qualifications for                                                                 
his appointment and answered questions.                                                                                         
                                                                                                                                
MCKIE CAMPBELL, Appointee                                                                                                       
Commissioner                                                                                                                    
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Discussed his desire and  qualifications for                                                               
his appointment and answered questions.                                                                                         
                                                                                                                                
KURT FREDRIKSSON, Appointee                                                                                                     
Commissioner                                                                                                                    
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented his vision for the department.                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  JAY   RAMRAS  called   the  House   Resources  Standing                                                             
Committee  meeting  to  order at  1:42:13  PM.    Representatives                                                             
Ramras, Seaton,  LeDoux, and  Gatto were present  at the  call to                                                               
order.   Representatives  Kapsner, Crawford,  Olson, and  Samuels                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                                                                                                                                
^Commercial Fisheries Entry Commission, Commissioner                                                                          
                                                                                                                                
CO-CHAIR RAMRAS announced that the  first order of business would                                                               
be the  confirmation hearing of Peter  Froehlich for commissioner                                                               
of the Commercial Fisheries Entry Commission.                                                                                   
                                                                                                                                
PETER   FROEHLICH,   Appointee,    Commercial   Fisheries   Entry                                                               
Commission (CFEC), said  he is uniquely qualified  because of his                                                               
experience as a  fisherman, judge, and attorney.  He  said he has                                                               
adjudicated fisheries disputes,  and he has worked  in the Office                                                               
of the  Attorney General and  as the attorney for  the Commercial                                                               
Fisheries  Entry  Commission.   He  told  the committee  that  he                                                               
recently retired  from the  District Court  Bench and  is looking                                                               
forward to the change.                                                                                                          
                                                                                                                                
REPRESENTATIVE GATTO asked if he sees  his role as an advocate of                                                               
commercial fishing and in opposition to sport fishing.                                                                          
                                                                                                                                
MR. FROEHLICH said  the role is regulatory  rather than advocacy;                                                               
the Board of Fisheries does the advocating and allocating.                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX asked  Mr. Froehlich if SB  113 passes, how                                                               
does he envision the coordination  between the Board of Fisheries                                                               
and the CFEC for public hearings on ground fish rationalization.                                                                
                                                                                                                                
MR. FROEHLICH  said it  would establish  a process  for hearings.                                                               
There may  be a team  of people  for going around  Alaska getting                                                               
the necessary and important public input, he said.                                                                              
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  his  philosophy of  who should  get                                                               
fishing privileges between boat owners and fishermen.                                                                           
                                                                                                                                
MR.  FROEHLICH   said  presence   on  board  and   ownership  are                                                               
important, but participation may be more important.                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON said  historically the  state gave  access                                                               
privileges to  the actual fishermen,  and now there is  a federal                                                               
model of awarding privileges to  the vessel owner as an investor,                                                               
and nothing to  the fisherman as a participant.   He asked again,                                                               
what Mr. Froehlich's philosophy was.                                                                                            
                                                                                                                                
MR. FROEHLICH  said that  is a  policy matter that  is up  to the                                                               
legislature, but  there seems  to be more  logic to  the presence                                                               
than  the ownership.   He  added that  there is  balancing to  be                                                               
done, but  the legislature  should do that.   If  the legislature                                                               
doesn't get involved, the federal approach will prevail.                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON  asked about  the  court  decision in  the                                                               
Chignik cooperative.                                                                                                            
                                                                                                                                
MR. FROEHLICH said it is a  problem for the state, and he thought                                                               
Judge Carpeneti  was "right on"  in his dissenting position.   He                                                               
said  there  may  be  a  simple fix  by  working  with  statutory                                                               
definition in  limited entry of  fish board statutes.   The state                                                               
is looking at restructuring fisheries  and reducing the amount of                                                               
gear, but buyback  is expensive to the  government, he commented.                                                               
Cooperatives  seems to  work well,  and legislative  action could                                                               
solve the whole thing.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX said  SB  113  does not  leave  it to  the                                                               
legislature,  so  she  asked  Mr.   Froehlich  if  it  should  be                                                               
legislative or settled by the board and the CFEC.                                                                               
                                                                                                                                
1:55:05 PM                                                                                                                    
                                                                                                                                
MR.  FROEHLICH  said he  is  not  sure  how much  discretion  the                                                               
legislature wants to  give those entities.  There  are just three                                                               
entry  commissioners, and  a lot  more  members of  the board  of                                                               
fish, he  noted.  If that  decision is granted to  board members,                                                               
that is the its call, he concluded.                                                                                             
                                                                                                                                
CO-CHAIR RAMRAS moved  to forward the name of  Peter Froehlich to                                                               
the  joint session  of  the House  and  Senate for  confirmation.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
1:56:27 PM                                                                                                                    
                                                                                                                                
^Board of Fisheries                                                                                                           
                                                                                                                                
CO-CHAIR RAMRAS announced  that the next order  of business would                                                               
be  confirmation hearings  for Rupert  Andrews, John  Jensen, and                                                               
Mel Morris for the Alaska Board of Fisheries.                                                                                   
                                                                                                                                
1:57:12 PM                                                                                                                    
                                                                                                                                
RUPERT  ANDREWS,  Appointee,  Board  of  Fisheries,  said  he  is                                                               
retired from the  Alaska Department of Fish & Game,  and his time                                                               
on the board has  been very good.  He said  he is concerned about                                                               
the protection of the resource, and he listens to people.                                                                       
                                                                                                                                
REPRESENTATIVE SEATON  asked about the Chignik  cooperative court                                                               
opinion.                                                                                                                        
                                                                                                                                
RUPERT ANDREWS said  he does not believe the  supreme court acted                                                               
correctly.   He said the board  needs to have effective  tools to                                                               
restructure the  state fisheries.   He added  that he  knows some                                                               
families  in Chignik  who will  "go under."   He  said it  can be                                                               
solved legislatively,  and the board should  have that authority.                                                               
The  board has  reaffirmed  its philosophy  with three  unanimous                                                               
votes.  The  Chignik cooperative is a bright  star, providing for                                                               
quality and efficiency, he concluded.                                                                                           
                                                                                                                                
2:02:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked about  fishing privileges assigned to                                                               
natural persons or corporations.                                                                                                
                                                                                                                                
MR. ANDREWS  said he would  have to give  that more thought.   He                                                               
supports  the process  the state  has developed  since statehood,                                                               
which is getting information  and acting on it.  He  said it is a                                                               
legislative question.                                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON noted  that HB 113 puts  that decision into                                                               
the board's court, and he asked him to keep thinking about it.                                                                  
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  about  public  hearings   in  the                                                               
affected communities.                                                                                                           
                                                                                                                                
MR. ANDREWS  said he  appreciates that question.   The  board was                                                               
told to reduce  its budget, so travel and the  number of meetings                                                               
was  reduced.   He  noted that  he  is more  than  willing to  go                                                               
anywhere in Alaska and listen.                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX asked about the  Gulf of Alaska ground fish                                                               
rationalization   stakeholders   and    the   implementation   of                                                               
differential access privileges.                                                                                                 
                                                                                                                                
MR. ANDREWS  said he has  not read  the legislation, but  said he                                                               
would listen to stakeholders and advisory committees carefully.                                                                 
                                                                                                                                
REPRESENTATIVE LEDOUX said  the Board of Fisheries  is seeking an                                                               
emergency  regulation   for  Chignik,   and  the   supreme  court                                                               
mentioned that  the co-op wasn't  necessarily the best  thing for                                                               
the community.  "What is your reaction?" she asked.                                                                             
                                                                                                                                
2:09:57 PM                                                                                                                    
                                                                                                                                
MR. ANDREWS said  the Chignik co-op is the brightest  spot in the                                                               
Alaska salmon  fishery.  Fishing  in Alaska is  over capitalized.                                                               
The co-op improved quality and  efficiency.  It is not applicable                                                               
to the whole state, but it works  in Chignik, he said.  They have                                                               
87 out of  100 permittees involved, and he told  the committee he                                                               
went there on his own time, and he was impressed.                                                                               
                                                                                                                                
2:11:35 PM                                                                                                                    
                                                                                                                                
JOHN JENSEN, Appointee, Board of  Fisheries, Petersburg, said the                                                               
first  three years  on the  board have  been intense,  and he  is                                                               
prepared to  spend another  three years.   He  noted that  he has                                                               
made  his  living  on  fish,  and   he  wants  to  see  a  strong                                                               
sustainable fishery for the future.                                                                                             
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if he considers the  Chignik co-op a                                                               
success for the community.                                                                                                      
                                                                                                                                
MR. JENSEN said he heard both  good and bad about the Chignik co-                                                               
op.   He does not  know what the different  variables contribute,                                                               
and he  mentioned the  price of oil  and the value  of fish.   He                                                               
said they have had low returns in the last few years.                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX asked his  philosophy regarding the fishing                                                               
privileges under SB 113.                                                                                                        
                                                                                                                                
MR. JENSEN said he believes it  can be worked out, where even the                                                               
crewmembers could get some kind of recognition.                                                                                 
                                                                                                                                
REPRESENTATIVE LEDOUX asked Mr. Jensen  how he sees the effect of                                                               
ground fish rationalization on the coastal communities.                                                                         
                                                                                                                                
MR. JENSEN said  the program could work out  differently than the                                                               
individual fishery  quota (IFQ)  system, which probably  did some                                                               
harm to communities, because it has more Alaskans involved.                                                                     
                                                                                                                                
2:17:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   said  the  constitution   prohibited  an                                                               
exclusive right  to a  fishery, but  an exemption  was made  by a                                                               
constitutional  amendment  to allow  limited  entry  in order  to                                                               
prevent economic distress.  He noted  that the state has had some                                                               
programs  where fishing  privileges  were assigned  to owners  or                                                               
corporations  instead of  fisherman.   "Do you  agree with  those                                                               
kinds  of programs  where it  would define  a vessel  owner as  a                                                               
fisherman, and the  person that is out fishing,  basically is not                                                               
a fisherman?"                                                                                                                   
                                                                                                                                
2:18:58 PM                                                                                                                    
                                                                                                                                
MR. JENSEN said both parties should be recognized.                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON  noted  the  severe  disruption  with  the                                                               
Chignik co-op when the supreme  court declared it not legal under                                                               
the Limited Entry Act.  If  the state goes forward with a program                                                               
in the Gulf of Alaska that assigned  a quota, "and it is found to                                                               
violate  the exclusive  right of  fishery provision,  do you  see                                                               
that as  something that you have  to worry about or  do you think                                                               
the  Board  of Fisheries  ought  to  go  forward and  assign  the                                                               
fishing privileges wherever it works  best for the testimony that                                                               
comes forward from the industry?"                                                                                               
                                                                                                                                
2:20:23 PM                                                                                                                    
                                                                                                                                
MR.  JENSEN  said  the  board  should  get  the  Chignik  problem                                                               
resolved, and he believes it will  be resolved soon.  He said the                                                               
same problems will occur if it is not cleared up.                                                                               
                                                                                                                                
2:21:06 PM                                                                                                                    
                                                                                                                                
MEL MORRIS,  Appointee, Board  of Fisheries,  said he  has worked                                                               
for the  Alaska Department  of Fish  & Game  (ADF&G) and  for the                                                               
fishing industry.   He noted that he retired in  2000 and started                                                               
a company selling seafood.  He said  he has been on the board for                                                               
the past  2.5 years,  and he  is on a  committee that  deals with                                                               
state's  rights  and  the  gulf   rationalization  program.    He                                                               
appreciates the  chance to go around  the state to meet  with the                                                               
people who can least afford to come to the meetings.                                                                            
                                                                                                                                
2:26:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked about  fishing privileges being given                                                               
to boat owners or fishermen.                                                                                                    
                                                                                                                                
MR. MORRIS  said it is a  big question, but he  feels comfortable                                                               
working  through  the board  to  determine  that.   He  said  his                                                               
philosophy  is that  both people  should be  recognized, but  the                                                               
percentage is up for discussion.                                                                                                
                                                                                                                                
2:28:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked Mr.  Morris in a gulf rationalization                                                               
plan  where  fishermen  have  been  fishing  the  state  parallel                                                               
fishery, but  have been fishing  it within the  three-mile limit,                                                               
if  they can  be  treated  identically to  people  who have  been                                                               
fishing in federal waters.                                                                                                      
                                                                                                                                
MR. MORRIS  answered that the  board can't  base what it  does on                                                               
the federal  regulations.   "If we don't  do anything  that would                                                               
mean that people  in a totally open access fishery  could fish in                                                               
state  water and  then go  out and  take their  quota in  federal                                                               
waters."  He  said he would like a seamless  process, "but unless                                                               
we are able to  issue some kind of quota shares  ... we only have                                                               
a few  options."  He noted  limited entry or restricting  gear to                                                               
rowboats, "and that  isn't going to do it; so  unless we can have                                                               
people recognized for their catch  history in some form, we can't                                                               
develop  a seamless  concept that  can work  between federal  and                                                               
state regulatory agencies."                                                                                                     
                                                                                                                                
2:30:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  asked   about   his   comment  on   gulf                                                               
rationalization,  and the  only way  it would  work is  with open                                                               
access inside and  quotas in federal waters.   There are parallel                                                               
cases, including  the North Gulf  Coast black cod quota,  and the                                                               
Aleutian  Island quota,  he said.    In those  cases, with  IFQs,                                                               
anything caught  off state waters  comes off  the IFQ.   "Are you                                                               
discounting that model? he asked.                                                                                               
                                                                                                                                
MR.  MORRIS  said  the  board has  reviewed  those,  and  doesn't                                                               
discount them.   He added  that there are possibilities,  but the                                                               
feds can't  issue quotas in state  waters.  He said  he is trying                                                               
to  make sure  the  state  waters fisheries  come  ashore to  the                                                               
coastal  communities.   "To  do away  with  the fish  derby-style                                                               
fishery, we  have to  give people some  incentive for  fishing in                                                               
the three-mile  fishery."  He  said he recognizes the  problem of                                                               
the federal and state waters.                                                                                                   
                                                                                                                                
2:33:56 PM                                                                                                                    
                                                                                                                                
CARL CROME,  Commercial Fisherman,  Petersburg, said  he supports                                                               
the confirmation of John Jensen and Mel Morris.                                                                                 
                                                                                                                                
RICKY  GEASE,  Executive  Director,  Kenai  River  Sport  Fishing                                                               
Association, said he strongly encourages  the confirmation of all                                                               
three appointees to the Board of  Fisheries.  There is a learning                                                               
curve and they will do a better job the next three years.                                                                       
                                                                                                                                
2:38:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS  moved to forward  the names of  Rupert Andrews,                                                               
John Jensen,  and Mel Morris  to the  joint session of  the House                                                               
and Senate for confirmation.                                                                                                    
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
2:38:43 PM                                                                                                                    
                                                                                                                                
^Alaska Board of Game                                                                                                         
                                                                                                                                
CO-CHAIR RAMRAS announced  that the next order  of business would                                                               
be  confirmation hearings  for Ron  Somerville, Carl  Morgan, and                                                               
Ted Spraker for the Alaska Board of Game.                                                                                       
                                                                                                                                
RONALD  SOMERVILLE,  Appointee, Alaska  Board  of  Game, said  he                                                               
wants to  serve on the board  because it is now  less passive and                                                               
wants to do  intensive management in areas  where "predators like                                                               
wolves  and  bears and  others"  are  reducing opportunities  for                                                               
hunters.   He  spoke of  five areas  where the  board is  killing                                                               
predators,  and he  said other  areas  are being  requested.   He                                                               
stated  that  the  board  has been  proactive  with  the  federal                                                               
subsistence   board  in   reducing   conflicts  between   federal                                                               
regulations and state  regulations.  He said he  is interested in                                                               
creating "a  reconnect between  the department,  the legislature,                                                               
and the board."  He said  he thinks Commissioner Campbell will do                                                               
that.                                                                                                                           
                                                                                                                                
CO-CHAIR RAMRAS asked how he felt about predator control.                                                                       
                                                                                                                                
MR.  SOMERVILLE   said  he  personally   supports  it,   but  not                                                               
everywhere.   He  thinks it  should be  scientifically supported,                                                               
and it  should be done where  wolves and bears keep  prey numbers                                                               
down, especially  in areas  like McGrath  where people  depend on                                                               
moose.   He  said  south  of Fairbanks  is  one  of the  heaviest                                                               
concentrations of moose in the state due to wolf control.                                                                       
                                                                                                                                
2:42:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  asked  if   moose  could  survive  without                                                               
predator control.                                                                                                               
                                                                                                                                
MR. SOMERVILLE said, "Sure, they  can," but look at McKinley park                                                               
where moose  numbers are  low and the  wolf and  bear populations                                                               
are healthy, and the moose population  took years to recover.  In                                                               
predator pits predators keep the  pressure on the calf production                                                               
so the  moose population  cannot recover.   Increasing  moose can                                                               
"carry the wolf population as  well as an additional harvest," he                                                               
said.  He noted that hunters  take less than five percent of prey                                                               
populations.                                                                                                                    
                                                                                                                                
2:43:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAPSNER asked what  he thought about transplanting                                                               
urban moose into areas with predator pits.                                                                                      
                                                                                                                                
MR.  SOMERVILLE said  the legislature  has made  the decision  to                                                               
implement that,  and the board  is not involved.   He said  it is                                                               
very  expensive but  worth trying  on a  case-by-case basis.   He                                                               
said the  board had a hunt  in Anchorage to try  to reduce moose.                                                               
Moving  moose from  Anchorage to  McGrath is  very expensive,  he                                                               
said,  and "we  would be  better off  to harvest  the animal  and                                                               
distribute the meat to people out there who could use it."                                                                      
                                                                                                                                
REPRESENTATIVE   KAPSNER  asked   if   Mr.   Somerville  were   a                                                               
subsistence hunter, would that offend him?                                                                                      
                                                                                                                                
MR.  SOMERVILLE said  yes because  he was  a subsistence  hunter.                                                               
He warned about  using drugs to move an animal,  which may affect                                                               
the meat.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KAPSNER  said, "You realize it  was never proposed                                                               
that this expense be born by the state."                                                                                        
                                                                                                                                
2:45:42 PM                                                                                                                    
                                                                                                                                
CARL MORGAN, Appointee,  Board of Game, said  he once represented                                                               
the  biggest district  in Alaska.   He  said he  is serving  on a                                                               
federal advisory board,  and he feels that he  is very qualified.                                                               
He said  Alaska should  manage fish  and game  with data  and not                                                               
emotions.  He said he supports predator control.                                                                                
                                                                                                                                
2:48:14 PM                                                                                                                    
                                                                                                                                
TED SPRAKER,  Appointee, Board of  Game, said he considers  it an                                                               
honor  to  serve.    He  said  he  is  retired  from  the  Alaska                                                               
Department of Fish & Game after  working for 28 years.  He agreed                                                               
with Mr. Somerville,  and he enjoys the board  and the regulatory                                                               
process.  He finds  the public testimony to be the  key part.  He                                                               
said it is  a good time to  be on the board  because the governor                                                               
didn't agree  with the  previous board.   He considers  himself a                                                               
"management thinker".                                                                                                           
                                                                                                                                
CO-CHAIR RAMRAS asked how he felt about predator control.                                                                       
                                                                                                                                
2:52:54 PM                                                                                                                    
                                                                                                                                
MR.  SPRAKER  said  he  supports  predator  control  when  it  is                                                               
scientifically based.   He said it  has to be smart,  because the                                                               
state could be drug into court.                                                                                                 
                                                                                                                                
2:54:01 PM                                                                                                                    
                                                                                                                                
MR. GEASE,  Kenai, said  the Board  of Game  has taken  the right                                                               
direction, and he supports the appointment of Mr. Spraker.                                                                      
                                                                                                                                
CO-CHAIR SAMUELS  moved to forward  the names of  Ron Somerville,                                                               
Carl Morgan,  and Ted Spraker to  the joint session of  the House                                                               
and Senate  for confirmation.   There being no objection,  it was                                                               
so ordered.                                                                                                                     
                                                                                                                                
2:55:10 PM                                                                                                                    
                                                                                                                                
^Alaska Department of Fish & Game, Commissioner                                                                               
                                                                                                                                
CO-CHAIR RAMRAS announced  that the next order  of business would                                                               
be a hearing for the confirmation of McKie Campbell.                                                                            
                                                                                                                                
MCKIE  CAMPBELL, Appointee,  Commissioner,  Alaska Department  of                                                               
Fish &  Game, said  he is  honored because  fish and  wildlife in                                                               
Alaska are  more important,  in orders  of magnitude,  than other                                                               
states.                                                                                                                         
                                                                                                                                
2:56:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAPSNER asked if the governor requested him.                                                                     
                                                                                                                                
COMMISSIONER CAMPBELL said he did  not apply during the first job                                                               
notice, and  then the administration  asked him to apply  with no                                                               
promise  of  being selected.    He  consulted with  the  governor                                                               
before he applied.                                                                                                              
                                                                                                                                
REPRESENTATIVE  KAPSNER asked  what he  would do  to resolve  the                                                               
subsistence impasse.                                                                                                            
                                                                                                                                
COMMISSIONER CAMPBELL said the state  will continue to exist with                                                               
dual management, and  "there are a number of steps  to not reduce                                                               
subsistence, but  to simplify laws and  regulations, and increase                                                               
opportunities  by all  users."    He said  he  will  talk to  the                                                               
federal subsistence board about  specific hunts with conservation                                                               
issues and  hunts that have  been only open to  local subsistence                                                               
users who are  not actually hunting there.   It is not  to try to                                                               
decrease  subsistence   activities,  but  there  is   overlap  of                                                               
regulations that make it impossible to legally abide, he said.                                                                  
                                                                                                                                
REPRESENTATIVE  KAPSNER asked  if there  is a  way to  gain state                                                               
control without a constitutional amendment.                                                                                     
                                                                                                                                
COMMISSIONER CAMPBELL  said the  state would  have to  change the                                                               
Alaska National  Interest Lands Conservation Act  (ANILCA) or the                                                               
constitution.  He  doesn't foresee either of  those happening and                                                               
said he  has a history of  making both sides mad  by advocating a                                                               
combination of a constitutional  amendment and substantive ANILCA                                                               
amendments.                                                                                                                     
                                                                                                                                
3:01:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS asked what ADF&G's biggest problem is.                                                                         
                                                                                                                                
3:01:51 PM                                                                                                                    
                                                                                                                                
COMMISSIONER CAMPBELL said the department  is beaten down because                                                               
of low  pay and strained  relations with the legislature.   Every                                                               
biologist wanted  to work for  ADF&G in  the 1970s and  1980s, he                                                               
claimed, and  now it  is last  on people's list.   He  said state                                                               
biologists  are   paid  about   30  percent  less   than  federal                                                               
biologists.                                                                                                                     
                                                                                                                                
3:03:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  RAMRAS  said  the  state  has  limited  resources,  and                                                               
therefore inquired  as to whether  it should be  allocating wages                                                               
to commissioners or field biologists.                                                                                           
                                                                                                                                
COMMISSIONER  CAMPBELL said  he needs  biologists to  be able  to                                                               
make a good salary.   He added that he took a  very large pay cut                                                               
to take this  job, so it is an issue  for commissioners and field                                                               
biologists.                                                                                                                     
                                                                                                                                
CO-CHAIR RAMRAS asked how to attract good employees.                                                                            
                                                                                                                                
3:05:13 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  CAMPBELL said  federal  biologists  get 30  percent                                                               
higher pay, and any portion of that would be a help.                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if it  is part of  his role to  be a                                                               
zealous advocate for more funds.                                                                                                
                                                                                                                                
COMMISSIONER CAMPBELL said it is.                                                                                               
                                                                                                                                
3:06:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked his vision for the next three years.                                                                
                                                                                                                                
COMMISSIONER CAMPBELL  said he  would like  the department  to be                                                               
back on the road to being the best  in the country.  On his first                                                               
day on  the job, he  asked the staff  to find how  the department                                                               
can do things better.                                                                                                           
                                                                                                                                
3:07:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAPSNER said she used to  work for ADF&G and did a                                                               
lot of data collection.  She  said her old boss submits grants to                                                               
the federal government,  is denied, and then  transfers the grant                                                               
to tribes  to partner with.   Tribe staff are not  biologists, so                                                               
it is  difficult.  It is  not the legislature's intent  for ADF&G                                                               
to partner with tribes, but  she asked what Commissioner Campbell                                                               
thinks about such partnerships.                                                                                                 
                                                                                                                                
COMMISSIONER CAMPBELL  said he  does not  know specifics,  but he                                                               
sees areas where the department can  work with tribes in a manner                                                               
that benefits  all Alaskans.  There  has been a sharp  decline in                                                               
general funds,  so the  department is  more dependent  on federal                                                               
funds.  He  said legislators tell him to stand  up to the federal                                                               
government, "and, by the way, do it all on their nickel."                                                                       
                                                                                                                                
3:09:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS asked if he supported user fees.                                                                               
                                                                                                                                
COMMISSIONER CAMPBELL said yes.                                                                                                 
                                                                                                                                
CO-CHAIR SAMUELS asked about predator control.                                                                                  
                                                                                                                                
COMMISSIONER CAMPBELL said he supports  predator control where it                                                               
is appropriate.   He said  he is concerned about  having research                                                               
to  defend ADF&G's  actions, because  of lawsuits.   He  said the                                                               
Board of Game is democratic and knowledgeable.                                                                                  
                                                                                                                                
3:12:19 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SAMUELS  asked  what   Commissioner  Campbell  what  he                                                               
thought of the Joint Salmon Task Force.                                                                                         
                                                                                                                                
COMMISSIONER  CAMPBELL  said it  was  valuable.   He  added  that                                                               
Alaska needs an overall fish policy.                                                                                            
                                                                                                                                
3:14:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  said his  constituents  want  to know  why                                                               
$600,000 was spent on nongame species.                                                                                          
                                                                                                                                
COMMISSIONER CAMPBELL said some money  was spent.  With the sharp                                                               
decline of general  funds, the department has  become creative on                                                               
funding. There  are a  number of  uses out of  the fish  and game                                                               
fund that  are not illegal but  inappropriate, he opined.   He is                                                               
looking at  those.   That money  has brought in  a great  deal of                                                               
additional federal money and some of it does benefit hunters.                                                                   
                                                                                                                                
REPRESENTATIVE GATTO said diversion of funds is prohibited.                                                                     
                                                                                                                                
COMMISSIONER CAMPBELL said  he has examined each one.   He agrees                                                               
with  Representative Gatto's  sentiment, but  the department  has                                                               
been legal.                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GATTO  asked   about  annual   reports  to   the                                                               
legislature.                                                                                                                    
                                                                                                                                
COMMISSIONER CAMPBELL said he has one.                                                                                          
                                                                                                                                
3:19:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO said the word "project" was not defined.                                                                   
                                                                                                                                
COMMISSIONER CAMPBELL said it is defined now.                                                                                   
                                                                                                                                
REPRESENTATIVE   CRAWFORD  said   he   enjoys   hunting  and   he                                                               
understands that  the department  has to work  on bag  limits and                                                               
other things, but he is  concerned about long-term threats to our                                                               
fish  and wildlife.    He  finds it  disturbing  that plastic  is                                                               
degrading in the  oceans and becoming the most  plentiful part of                                                               
the  plankton and  poisoning fish  and mammals  in the  sea.   He                                                               
noted the  ivory-billed woodpecker, and  said he doesn't  want to                                                               
see  the  decline  of  wildlife  in Alaska.    He  asked  if  the                                                               
department has the resources to look at long-term threats.                                                                      
                                                                                                                                
3:23:37 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  CAMPBELL  said  he  deeply  appreciates  that,  and                                                               
Alaska can be very proud of  its management.  We can take lessons                                                               
from the other states,  so we have a better record.   He said the                                                               
governor is  concerned.  "We  manage our own resources  very well                                                               
but we are affected by things that happen worldwide."                                                                           
                                                                                                                                
3:24:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  RAMRAS asked  what  will be  done  to enhance  ungulate                                                               
populations.                                                                                                                    
                                                                                                                                
COMMISSIONER  CAMPBELL  said  predator control  is  an  important                                                               
piece,  but there  are other  strategies  like controlled  burns,                                                               
crushing,  and  bag  limits.    He  said  there  are  more  moose                                                               
harvested in  Sweden, but  they have zero  predators and  do very                                                               
intensive habitat management.  There  is money available from the                                                               
Department of Agriculture for habitat management, he said.                                                                      
                                                                                                                                
CO-CHAIR  RAMRAS  said  the hospitality  industry  is  linked  to                                                               
predator control  programs, and  he asked  if there  are positive                                                               
things the department can do.   "Predator control programs always                                                               
suggest the negative," he  said.  He asked if there  was a way to                                                               
not look "barbaric" to others.                                                                                                  
                                                                                                                                
3:28:15 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  CAMPBELL said  the department  needs a  campaign to                                                               
inform  people of  the good  job  the state  is doing.   He  said                                                               
people come to visit because of the state's fish and wildlife.                                                                  
                                                                                                                                
CO-CHAIR RAMRAS asked  what the department can  do about habitat,                                                               
because he is  a great advocate of predator  control programs but                                                               
not the residue that they seem to leave.                                                                                        
                                                                                                                                
COMMISSIONER CAMPBELL said  the state needs to get  out the story                                                               
of what a good  job it has done.  Someone who  has no wolves back                                                               
home will  look at  predator control  with horror,  he said.   He                                                               
said he sees  eagles and Orcas from his office,  and moose wander                                                               
the yards of Anchorage.                                                                                                         
                                                                                                                                
3:31:05 PM                                                                                                                    
                                                                                                                                
COMMISSIONER CAMPBELL said there  are 859 permanent employees and                                                               
829  seasonal.    There  are  publications  staff  that  will  be                                                               
directed to promote Alaska's image.                                                                                             
                                                                                                                                
3:31:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAPSNER said she was  scorned for wearing ivory in                                                               
the lower  48.  She  asked how Commissioner Campbell  can protect                                                               
the   subsistence  division   from   budget   cuts,  and   inform                                                               
legislators who don't understand subsistence issues.                                                                            
                                                                                                                                
3:33:09 PM                                                                                                                    
                                                                                                                                
COMMISSIONER CAMPBELL said the new  legislators need to be taught                                                               
the role of the subsistence division.                                                                                           
                                                                                                                                
3:34:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR RAMRAS asked  about the request for $45  million for the                                                               
Anchorage hatchery,  when schools  are in  bad condition  and the                                                               
department   needs   money   for  biologists.      He   suggested                                                               
refurbishing it  instead of  building a new  one, and  he offered                                                               
Commissioner  Campbell the  phone number  of the  municipal power                                                               
company that offered warm wastewater for the hatchery.                                                                          
                                                                                                                                
COMMISSIONER  CAMPBELL said  he  will find  out about  production                                                               
goals.    The  department  wants to  build  something  long  term                                                               
instead of stopgap.   He said the fishing  license surcharge will                                                               
go to  the bond repayment, and  he is inclined to  save money and                                                               
will look into it.                                                                                                              
                                                                                                                                
CO-CHAIR RAMRAS  talked about the  Fairbanks hatchery, and  he is                                                               
concerned  that  it will  be  aesthetically  pleasing instead  of                                                               
maximizing fish production.   Users are providing  100 percent of                                                               
the funds for the  hatchery, so he said he doesn't  want it to be                                                               
a tourist attraction.                                                                                                           
                                                                                                                                
COMMISSIONER CAMPBELL said he will look closely at that.                                                                        
                                                                                                                                
3:46:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX said the Kodiak  ADF&G facility is woefully                                                               
inadequate.                                                                                                                     
                                                                                                                                
COMMISSIONER CAMPBELL said the department has no extra money.                                                                   
                                                                                                                                
3:49:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS moved  to forward the name of  McKie Campbell to                                                               
the  joint session  of  the House  and  Senate for  confirmation.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
^Alaska Department of Environmental Conservation, Commissioner                                                                
                                                                                                                                
CO-CHAIR RAMRAS announced that the  final order of business would                                                               
be the confirmation hearing of Kurt Fredriksson.                                                                                
                                                                                                                                
KURT   FREDRIKSSON,   Appointee,  Commissioner,   Department   of                                                               
Environmental Conservation  (DEC), said he is  looking forward to                                                               
moving  on  the  department's strategic  plan,  including  permit                                                               
streamlining,    rational   regulations,    state   control    of                                                               
environmental protection,  completing the Exxon-Valdez  oil spill                                                               
restoration, and building avenues to  get students to view DEC as                                                               
a legitimate job.                                                                                                               
                                                                                                                                
3:52:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO said  Prince William Sound looks  like it is                                                               
restored, but there is still sludge; will it ever be restored?                                                                  
                                                                                                                                
COMMISSIONER FREDRIKSSON  said there  are six resources  that are                                                               
in a  damaged state.   There  is lingering  oil on  20 subsurface                                                               
acres.  He said there are studies  to see if there is any problem                                                               
with that oil being there.   He said there is lingering oil under                                                               
Juneau, and it is not a problem.                                                                                                
                                                                                                                                
3:55:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR RAMRAS  said Commissioner  Fredriksson was a  great man.                                                               
He noted  that the food  code has  drawn criticism, and  he asked                                                               
why he was allowing the code to be implemented.                                                                                 
                                                                                                                                
COMMISSIONER FREDRIKSSON  said regulations can  be controversial.                                                               
The  code was  developed after  an extensive  work group,  and he                                                               
added that  DEC dealt  with the regulated  parties and  held nine                                                               
workshops.   He will  see the regulations  after the  director of                                                               
environmental health approves it, he said.                                                                                      
                                                                                                                                
3:58:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR RAMRAS  asked how the  department is being  sensitive to                                                               
the cost of the food code to the private sector.                                                                                
                                                                                                                                
COMMISSIONER  FREDRIKSSON   said  regulations   restrict  private                                                               
freedoms--"that's  our job."   If  DEC deviates  from legislative                                                               
mandate there  will be ultimate  legislative oversight,  he said.                                                               
He said  he is  sensitive to  costs and  burdens, but  he doesn't                                                               
know the exact cost of the food code.                                                                                           
                                                                                                                                
3:59:52 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  RAMRAS  asked  how  the   public  can  be  expected  to                                                               
understand the regulations.                                                                                                     
                                                                                                                                
COMMISSIONER  FREDRIKSSON  said  DEC  will  help  and  work  with                                                               
affected parties.                                                                                                               
                                                                                                                                
4:02:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked how  the department communicated with                                                               
affected parties, and why it was redone.                                                                                        
                                                                                                                                
COMMISSIONER FREDRIKSSON said DEC has  a mailing list of everyone                                                               
who has  ever had a  food permit,  and it communicated  with them                                                               
all and with the trade  association that represents the industry.                                                               
There was a  60-day public review period and nine  workshops.  He                                                               
added  that DEC  spent $14,000  on outreach.   The  revised state                                                               
food  code  is partly  due  to  legislation  and also  to  become                                                               
consistent with the national food code.                                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  people  are not  dropping  dead  in                                                               
droves from food poisoning.                                                                                                     
                                                                                                                                
COMMISSIONER FREDRIKSSON said there are outbreaks.                                                                              
                                                                                                                                
4:08:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  RAMRAS   asked  if   the  department   understands  the                                                               
perception of the food workers.                                                                                                 
                                                                                                                                
COMMISSIONER  FREDRIKSSON said  that  DEC  takes public  comments                                                               
very seriously.                                                                                                                 
                                                                                                                                
CO-CHAIR RAMRAS  asked if the  governor was just  concerned about                                                               
the gas pipeline and not on the onerous burden of the food code.                                                                
                                                                                                                                
4:11:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   moved  to  forward  the   name  of  Kurt                                                               
Fredriksson  to the  joint session  of the  House and  Senate for                                                               
confirmation.  There being no objection, it was so ordered.                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 4:12 PM.                                                                
                                                                                                                                
                                                                                                                                

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