Legislature(2009 - 2010)BARNES 124
04/03/2009 01:00 PM House RESOURCES
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| Board of Game | |
| Adjourn |
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ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 3, 2009
1:05 p.m.
MEMBERS PRESENT
Representative Mark Neuman, Co-Chair
Representative Bryce Edgmon
Representative Kurt Olson
Representative Paul Seaton
Representative Peggy Wilson
Representative David Guttenberg
Representative Scott Kawasaki
Representative Chris Tuck
MEMBERS ABSENT
Representative Craig Johnson, Co-Chair
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Board of Fisheries
Judge Karl Johnstone - Anchorage
- CONFIRMATION(S) ADVANCED
Board of Game
Cliff Judkins - Wasilla
Teresa Sager-Albaugh - Mentasta Pass
Stanley "Stosh" Hoffman, Jr. - Bethel
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to report
WITNESS REGISTER
KARL JOHNSTONE, Judge (Retired), Appointee
to the Board of Fisheries
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Fisheries.
RUBEN HENKE (ph)
(No address provided)
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
MONTE ROBERTS, President
Kenai River Professional Guide Association
Soldotna, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
JOE CONNORS
Sterling, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
RICKY GEASE, Executive Director
Kenai River Sportfishing Association
Soldotna, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
MEL MORRIS, Member
Board of Fisheries
Kodiak, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
BOB THORSTENSON, Executive Director; Lobbyist
Southeast Alaska Seiners Association
Juneau, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
PAUL SHADURA, Executive Director
Kenai Peninsula Fishermen's Association
Soldotna, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
THERESA WEISER, President
Sitka Charterboat Operators Association
Sitka, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
JOHN BELCHER
Sitka, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
JEFF WEDEKIND
Ketchikan Guided Sportfish Association
Ketchikan, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
JOHN JENSEN, Chairman
Board of Fisheries
Petersburg, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
JOHN BLAIR, Executive Director
SouthEast Alaska Guides Organization
Sitka, Alaska
POSITION STATEMENT: Supported the appointment of Karl Johnstone
to the Board of Fisheries.
CLIFF JUDKINS, Appointee
to the Board of Game
Wasilla, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Game.
TERESA SAGER-ALBAUGH, Appointee
to the Board of Game
Mentasta Pass, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Game.
STANLEY "STOSH" HOFFMAN, JR., Appointee
to the Board of Game
Bethel, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Game.
ACTION NARRATIVE
1:04:30 PM
CO-CHAIR MARK NEUMAN called the House Resources Standing
Committee meeting to order at 1:05 p.m. Representatives Neuman,
Seaton, Olson, Wilson, Tuck, Kawasaki, and Guttenberg were
present at the call to order. Representative Edgmon arrived as
the meeting was in progress.
^CONFIRMATION HEARING(S):
^Board of Fisheries
1:05:51 PM
CO-CHAIR NEUMAN announced that the first order of business would
be the confirmation hearing on the appointment of Judge Karl
Johnstone to the Board of Fisheries. He asked Mr. Johnstone to
introduce himself to the committee.
KARL JOHNSTONE, Judge (Retired), Appointee to the Board of
Fisheries, stated that he is 65 years old and came to Alaska in
1967 fresh out of law school. He practiced law before his
appointment to the Superior Court bench by Governor Jay Hammond.
Since leaving his position on the court in 1997 he has been
lightly engaged in arbitration, mediation, and as a lawyer. He
said he has always been intensely interested in fish and game
resources and has benefitted from them from the day he arrived
in Alaska. He still does some recreational hunting and fishing
as well as golf and writing.
MR. JOHNSTONE said that when the position on the Board of
Fisheries came up he decided it was time to give something back
to the state. He was appointed to the Board of Fisheries in
early December [2008] and has attended four board meetings thus
far. He said he has found the position to be very challenging,
time consuming, and interesting and he hopes he will be re-
appointed as he likes the work and wants to do the best job he
can. In response to Co-Chair Neuman, he explained that he was
first appointed for the remainder of a term that expires on
June 30, 2009, and the governor has now re-appointed him for a
full three-year term.
1:09:45 PM
CO-CHAIR NEUMAN asked Judge Johnstone to list some particular
issues that he has dealt with.
JUDGE JOHNSTONE said the issues he finds important or
interesting are allocation, conservation, subsistence, the sac
roe herring resource, and ground fish issues on the Aleutian
Chain. The allocation and conservation issues are the ones he
finds most interesting, he said, but they all are interesting so
it is difficult to pick out one particular issue as being more
important than the others because they all are important.
1:11:17 PM
REPRESENTATIVE GUTTENBERG inquired how Mr. Johnson balances
allocations between commercial, personal use, sport, and
subsistence fishing.
JUDGE JOHNSTONE answered that Alaska's constitution directs that
Alaska's resources must be managed for the benefit of everyone
and managed on the basis of sustained yield. He said he thinks
the Board of Fisheries and the Alaska Department of Fish & Game
(ADF&G) have been very good at this, even though not everyone
benefitting from the resources will be pleased all the time.
Subsistence has priority and if there is not enough to go
around, the subsistence share must come first, and he said he
agrees that this is the way it should be. In allocating between
users, guideline policies have been set forth in regulation,
statute, and [Alaska] Supreme Court decision, he explained.
These policies provide factors that must be considered, such as
the history of the user groups, how important harvesting the
resource is to people, as well as the economic importance.
Advisory committees located throughout the state, comprised of
local members from each area, help advise the board as do the
public, ADF&G, and the board's support section. Each case is
based on the facts of that case. He said his intent has been,
and will always be, to use all the information, guidelines, and
statutory requirements that he can to make the fairest and most
impartial decision possible.
1:14:40 PM
REPRESENTATIVE GUTTENBERG related that he has been a Chitina
dipnetter for over 35 years and he used to be allocated two king
salmon, but now it is only one. He noted that this allocation
issue has been a fight before the Board of Fisheries for years
and asked how Judge Johnstone would balance the personal use
fishery with the sport and commercial fisheries.
JUDGE JOHNSTONE stated that it is important to the individual
personal use fisherman to harvest his or her Chinook and it is
important to the commercial fisher to harvest a Chinook that
will pay his bills through its sale to an Alaska resident. He
said it is a balancing act and, to his knowledge, the personal
use fishery does not have any more priority than does the
commercial fishery. At this time there is enough of the
resource that everyone gets a fair share of the resource, but
one person might consider two kings to be a fair share while
another says one is enough, and the commercial fisherman will
likely never believe he or she has gotten enough. However, he
cautioned, no one is going to get enough Chinook if something is
not done to manage the resource better because the stocks are in
decline for a number of reasons. He said the only way to answer
the question is to state that he knows this issue is important
to everybody.
1:17:16 PM
REPRESENTATIVE KAWASAKI noted that he is also an upriver dip
netter and shares the same concerns as his colleague from
Fairbanks. He recollected a time in the early 1990s when the
fish tag reply forms had to be picked up from ADF&G and the
allocation of fish was five. He contended that it is often the
upriver users who get slighted. He read from the statutes which
state that appointments shall be made without regard to
geographic location of residence, and that while he understands
this, he is concerned that the Board of Fisheries could soon be
comprised only of people residing south of Wasilla, and that
these people primarily have a background in commercial fishing
and will not have an understanding of the subsistence and
personal use fisheries farther north.
JUDGE JOHNSTONE appreciated Representative Kawasaki's concerns
and agreed that appointees are not picked with regard to
geographical area. He said that when Southeast Alaska issues
were before the board, the local advisory committees helped him
learn about these fisheries. He therefore expects that the
board will hear from the advisory committees from the areas
north and west of Wasilla. He said he does not have a
commercial fisheries background and he looks at his job as
representing Fairbanks as equally as Anchorage. Just because he
lives in Anchorage does not mean he is not equally interested in
the resources and user groups of Fairbanks and the northern
parts of Alaska.
CO-CHAIR NEUMAN remarked that he is glad to hear about the local
advisory committees and Judge Johnstone's desire to listen to
them regarding the management of fish and game.
1:22:05 PM
REPRESENTATIVE SEATON noted that when the Pacific cod fishery
was established about 10 years ago, the Board of Fisheries did
not put a size limit on the pots, which have since increased
substantially in size. He asked how Judge Johnstone would
change the management or allocation system once a fishery
becomes "derby style".
JUDGE JOHNSTONE related that the governor expressed a desire to
increase the number of participants in this fishery by using
smaller vessels and last December the board adopted a regulation
in the Aleutians to limit vessel size and lengthen the season.
He said that with his limited knowledge of the fishery as a new
board member at the time, it sounded like a good idea to him to
allow more participation, especially by local people, and slow
the fishery down. He said he thinks this makes it more
manageable by ADF&G as well. He concurred that the larger the
gear and the more the gear the more it speeds up the fishery.
Further, "derby-style" fisheries have proven not to be healthy.
He noted that slowing the fishery down also provides a better
product.
1:25:44 PM
RUBEN HENKE (ph) supported Karl Johnstone's appointment to the
Board of Fisheries. He stated that at the board meetings he has
attended, Judge Johnstone was very approachable and willing to
work with the public. He added that Judge Johnstone is doing a
very good job and will make a great board member.
MONTE ROBERTS, President, Kenai River Professional Guide
Association, said his organization supports the appointment of
Karl Johnstone to the Board of Fisheries because of his
valuable, balanced, and unbiased opinions.
1:27:05 PM
JOE CONNORS noted that he is a lodge owner in Sterling. He said
he supports Karl Johnstone's appointment to the Board of
Fisheries because Judge Johnstone has already demonstrated his
willingness to spend the time and make the effort. In addition,
Judge Johnstone has demonstrated the ability to grasp very
complicated issues and will be of tremendous benefit to the
state of Alaska.
1:27:37 PM
RICKY GEASE, Executive Director, Kenai River Sportfishing
Association, advised the committee of his organization's support
for the appointment of Karl Johnstone to the Board of Fisheries.
He said he is impressed by Judge Johnstone's ability to
synthesize a lot of information and ask pertinent questions. In
addition, Judge Johnstone is very approachable by the public,
seeks out information from local advisory committee members and
the public, has the resource at heart, and has all Alaskans in
mind when making allocation decisions.
1:29:04 PM
MEL MORRIS, Member, Board of Fisheries, spoke in favor of Karl
Johnstone's confirmation, saying that he will make a great
member of the Board of Fisheries. He said he is especially
impressed by Judge Johnstone's preparation for the board
meetings. Further, Judge Johnstone is not afraid to ask
questions and learns a lot from the public because he is
extremely approachable and willing to listen.
1:30:35 PM
BOB THORSTENSON, Executive Director; Lobbyist, Southeast Seiners
Association, stated that he is a commercial and sport fisherman
in favor of Karl Johnstone's confirmation to the Board of
Fisheries. While he has had some differences with Judge
Johnstone in regard to the Southeast Alaska herring fishery, he
said he believes the two of them came to closer ground as a
result of what Judge Johnstone learned from the board meeting
that dealt with this issue.
1:32:49 PM
PAUL SHADURA, Executive Director, Kenai Peninsula Fishermen's
Association, supported the confirmation of Karl Johnstone on
behalf of his association's members. He said Judge Johnstone's
positive and inquisitive nature were evident at the board
meetings and his fair and impartial decisions on matters before
the board will not polarize users.
1:34:37 PM
THERESA WEISER, President, Sitka Charterboat Operators
Association, said her organization supports the confirmation of
Karl Johnstone to the Board of Fisheries. She said Judge
Johnstone is very concerned about sustainability of the resource
and maintaining a fair and balanced approach when making
decisions that affect the public. He is fair and impartial,
makes himself available to the public, and goes above and beyond
to understand the different points of view. Judge Johnstone is
very articulate, she continued, and with his legal background he
follows the letter of the law in the prosecution of his duties.
1:35:48 PM
JOHN BELCHER noted that he is a commercial fisherman and charter
boat captain. He said he supports Karl Johnstone's appointment
to the Board of Fisheries because he believes Judge Johnstone
will do an excellent job given his legal background and the way
he diligently researches the issues in order to make a fair and
unbiased decision.
1:36:34 PM
JEFF WEDEKIND, Ketchikan Guided Sportfish Association, stated
his organization's support for Karl Johnstone's appointment to
the Board of Fisheries. He said Judge Johnstone has shown that
he will take the time to research and become informed on an
issue before making a decision. Judge Johnstone has
demonstrated a commitment to sustainability and conservation and
has acted fairly and impartially on allocation issues, he
continued, and Judge Johnstone's legal background adds a sense
of credibility to the process.
1:37:36 PM
JOHN JENSEN, Chairman, Board of Fisheries, offered his support
for the appointment of Karl Johnstone to the Board of Fisheries.
He said Judge Johnstone has been a delight to work with and that
Judge Johnstone studies and understands the material prior to
the meetings and therefore comes to the meetings prepared.
Judge Johnstone has learned the board's process quickly, has
dealt with the issues in a non-biased way, and supports
sustainability of the resource.
1:38:39 PM
JOHN BLAIR, Executive Director, SouthEast Alaska Guides
Organization, supported Judge Johnstone's appointment to the
Board of Fisheries. While attending the last two board
meetings, he said he observed the following about Judge
Johnstone: he made a concentrated effort to be well informed on
the various proposals and researched issues beyond the
information that was provided by the board's staff; during
public testimony and committee discussions, he made
extraordinary outreach to understand the different points of
view; he demonstrated a commitment to the sustainability of
Alaska's fishery resources; and he followed the letter of the
law in the prosecution of his duties.
1:39:49 PM
CO-CHAIR NEUMAN stated his appreciation for the time that so
many people took to testify and noted that it says a lot about
the character of Judge Johnstone.
REPRESENTATIVE WILSON moved to forward the name of Karl
Johnstone to the joint session of the House and Senate for
confirmation to the Board of Fisheries. There being no
objection, the confirmation of Karl Johnstone was advanced from
the House Resources Standing Committee.
^Board of Game
1:40:44 PM
CO-CHAIR NEUMAN announced that the next order of business would
be the confirmation hearing on the appointments of Cliff
Judkins, Stan Hoffman, and Teresa Sager-Albaugh to the Board of
Game. He requested Mr. Judkins to introduce himself.
CLIFF JUDKINS, Appointee to the Board of Game, stated that he
came to Alaska in 1962 after graduating from college with a
degree in wildlife management. He served as director of the
Greater Anchorage Area Borough's Department of Environmental
Quality until 1974 when he moved to Moose Pass to build Crown
Point Lodge which he operated until 1986. He purchased Wasilla
Mini Storage in 1988, retired from that in 1998, and then
established a building inspection and energy rating company in
2000. He said he was first appointed to the Board of Game in
2003 after serving as the chair of the Matanuska Valley Fish and
Game Advisory Committee for a couple of years. He was
reappointed to the Board of Game in 2006 and has now been
reappointed for a third term.
REPRESENTATIVE WILSON moved to forward the name of Cliff Judkins
to the joint session of the House and Senate for confirmation to
the Board of Game. There being no objection, the confirmation
of Cliff Judkins was advanced from the House Resources Standing
Committee.
1:42:48 PM
CO-CHAIR NEUMAN requested Ms. Sager-Albaugh to introduce
herself.
TERESA SAGER-ALBAUGH, Appointee to the Board of Game, noted that
she is a life-long Alaska resident. She moved from Fairbanks to
the Mentasta Pass area in 1984. She said she is an avid hunter,
fisher, and trapper and she believes she has been given an
opportunity to represent the average Alaskan's interests on the
Board of Game.
REPRESENTATIVE TUCK asked whether in the past Ms. Sager-Albaugh
supported aerial predator control in Denali State Park.
MS. SAGER-ALBAUGH replied that she did not support it as a Board
of Game member.
REPRESENTATIVE TUCK noted that Ms. Sager-Albaugh was the only
Board of Game member who voted to approve aerial predator
control in parts of Denali State Park. He inquired about her
reasoning for that decision.
MS. SAGER-ALBAUGH recalled that the measure was a predator
control plan that included a small portion of Denali State Park.
She said she supported it because it had an area that was
suitable for the landing of fixed wing aircraft and without that
portion of the park fixed-wing landing opportunities in the area
were almost nil. She felt that the effectiveness of the program
would be diminished if that area was not included.
1:45:31 PM
REPRESENTATIVE TUCK inquired whether Ms. Sager-Albaugh supported
the use of helicopters for predator control when airplanes could
not land in the park.
MS. SAGER-ALBAUGH answered that helicopter use was a separate
question.
REPRESENTATIVE TUCK asked what Ms. Sager-Albaugh's position was
on the use of helicopters for predator control in Denali State
Park.
MS. SAGER-ALBAUGH said she does not recall that use of
helicopters in Denali State Park was one of the proposals before
the board. She apologized for not recalling and explained that
the board acted on 247 proposals in 8 days and she does not
think these two were connected.
1:46:40 PM
REPRESENTATIVE KAWASAKI inquired about Ms. Sager-Albaugh's
opinion on moose cow and calf hunts in Unit 20A.
MS. SAGER-ALBAUGH stated she knows the cow and calf hunts in
Unit 20A have been controversial, and that the advisory
committees in the area have attempted to refine and deal with
the problems that have cropped up on the antlerless moose hunts.
She said the provisions recently adopted by the Board of Game
were a compromise to find a solution that could be supported by
the four advisory committees that were involved. In further
response, she said she supports antlerless hunts as long as they
are part of a management program that is proven effective and
directed at maintaining the habitat.
1:48:35 PM
REPRESENTATIVE KAWASAKI asked for Ms. Sager-Albaugh's opinion on
the re-introduction of Wood Bison.
MS. SAGER-ALBAUGH replied that she is generally supportive of
the introduction of Wood Bison in the Doyon area.
REPRESENTATIVE KAWASAKI asked what would make Ms. Sager-Albaugh
not support the introduction.
MS. SAGER-ALBAUGH said evidence would have to be presented that
would indicate a clear problem with the habitat or other
wildlife in the area.
REPRESENTATIVE WILSON moved to forward the name of Teresa Sager-
Albaugh to the joint session of the House and Senate for
confirmation to the Board of Game. There being no objection,
the confirmation of Teresa Sager-Albaugh was advanced from the
House Resources Standing Committee.
1:50:42 PM
CO-CHAIR NEUMAN requested Mr. Hoffman to introduce himself.
STANLEY "STOSH" HOFFMAN, JR., Appointee to the Board of Game,
stated that he is a Yupik Eskimo born in Bethel in 1970. He
moved to McGrath in 1974, then moved to Anchorage after
graduating from high school, and then moved to Bethel in 1991.
He was employed by the family business hauling bulk fuel for
five years, after which he worked for the City of Bethel for
five years. For the past three years he has been with the Yukon
Kuskokwim Health Corporation and he owns several small
businesses.
REPRESENTATIVE WILSON moved to forward the name of Stanley
"Stosh" Hoffman, Jr. to the joint session of the House and
Senate for confirmation to the Board of Game. There being no
objection, the confirmation of Stanley "Stosh" Hoffman, Jr. was
advanced from the House Resources Standing Committee.
1:52:18 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 1:52 p.m.
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