Legislature(2009 - 2010)CAPITOL 106
04/05/2010 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Board of Game | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 5, 2010
1:06 p.m.
MEMBERS PRESENT
Representative Craig Johnson, Co-Chair
Representative Bryce Edgmon
Representative Paul Seaton
Representative David Guttenberg
Representative Scott Kawasaki
Representative Chris Tuck
MEMBERS ABSENT
Representative Mark Neuman, Co-Chair
Representative Kurt Olson
Representative Peggy Wilson
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Commercial Fisheries Entry Commission
Bruce C. Twomley - Juneau
- CONFIRMATION(S) ADVANCED
Big Game Commercial Services Board
Robert D. Mumford - Anchorage
- CONFIRMATION(S) ADVANCED
Board of Game
Ben Grussendorf - Sitka
Allen F. Barrette - Fairbanks
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
BRUCE C. TWOMLEY, Appointee
Alaska Commercial Fisheries Entry Commission (CFEC)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Commercial
Fisheries Entry Commission.
ROBERT D. MUMFORD, Appointee
Big Game Commercial Services Board
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Big Game
Commercial Services Board.
BEN GRUSSENDORF, Appointee
Board of Game
Sitka, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Game.
ALLEN F. BARRETTE, Appointee
Board of Game
Sitka, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Game.
VIRGIL UMPHENOUR
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of Mr. Mumford's
appointment to the Big Game Commercial Services Board.
KELLY WALTERS
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Mr. Grussendorf to the Board of Game.
TINA BROWN, Board Member
Alaska Wildlife Alliance
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to Mr. Barrette's
appointment to the Board of Game.
KARLA HART
Juneau, Alaska
POSITION STATEMENT: Expressed concerns with the appointment of
Mr. Barrette to the Alaska Board of Game.
KELLY WALTERS
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Mr. Barrette to the Board of Game.
WILLIAM SHERWONIT
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Mr. Barrette to the Board of Game.
CHUCK GREY
Fairbanks, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
on the appointment of Mr. Barrette to the Board of Game.
VIRGIL UPHENOUR
Fairbanks, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for the appointment of Mr. Barrette to the Board of Game.
JACK REAKOFF
Wiseman, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Mr. Barrette to the Board of Game.
LYNNETTE HINES (ph)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Mr. Barrette to the Board of Game.
WADE WILLIS
No address provided
POSITION STATEMENT: Expressed concerns with the appointment of
Mr. Barrette to the Board of Game.
ART GREENWALT
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Mr. Barrette to the Board of Game.
SHANNON MOORE
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition the appointment of
Mr. Barrette to the Board of Game.
GREG BROWN
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Mr. Barrette to the Board of Game.
DAVE TURNBULL
Anchorage, Alaska
POSITION STATEMENT: Expressed concerns with the appointment of
Mr. Barrette to the Board of Game.
ACTION NARRATIVE
1:06:34 PM
CO-CHAIR CRAIG JOHNSON called the House Resources Standing
Committee meeting to order at 1:06 p.m. Representatives
Guttenberg, Kawasaki, Tuck, Seaton, Edgmon, and Johnson were
present at the call to order.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Commercial Fisheries Entry Commission
Commercial Fisheries Entry Commission
^Big Game Commercial Services Board
Big Game Commercial Services Board
^Board of Game
Board of Game
[Contains discussion of HB 267.]
1:07:19 PM
CO-CHAIR JOHNSON announced the only order of business, the
confirmation hearings on the appointments of Bruce C. Twomley to
the Alaska Commercial Fisheries Entry Commission, Robert D.
Mumford to the Big Game Commercial Services Board, and Ben
Grussendorf and Allen F. Barrette to the Board of Game.
1:07:44 PM
BRUCE C. TWOMLEY, Appointee, Alaska Commercial Fisheries Entry
Commission (CFEC), said he has served on the commission under
seven governors. He related that before serving on the
commission, he worked as a lawyer for Alaska Legal Services and
sued the state and federal governments for a living, and he said
the commission is unlike any agency he ever sued. He described
the high work ethic and professional commitment found at the
commission. He said the work there is challenging; the
decisions made are controversial because people feel strongly
about their fishing rights. He said those working on the
commission must work not only as administrators and rule makers,
but also as administrative law judges who produce legal opinions
daily.
MR. TWOMLEY said the [Alaska] Supreme Court held that the
reversal of a commission decision can be applied retroactively
to undo past decisions of the commission. The court also held
that the commission must accept new applications for the first
time in limited fisheries long after the deadline for applying
had occurred. Mr. Twomley said this decision poses a threat to
Alaska fishermen who depend on limited fisheries for their
livelihood. He said the court's decision makes it even more
imperative that the commission take the greatest care in issuing
its decisions. Mr. Twomley relayed that the [Alaska] Supreme
Court has not done a retroactive application since 1984, which
he said he thinks means the commission is doing the right thing.
He asked the committee for the opportunity to continue with his
work on the commission.
1:10:32 PM
REPRESENTATIVE SEATON brought up the issue of special right of
fisheries as prohibited in the constitution, and asked at what
point in restricting permits does the state "reach that special
right of fishery." He specifically referenced the scallop
fishery, which currently has only two vessels harvesting the
entire stock for Alaska. He asked what a special right of
fisheries means to Mr. Twomley. He further asked if the state
allowing one vessel to harvest the entire scallop fishery would
constitute a special right of fishery.
MR. TWOMLEY responded that the best guidance thus far comes from
an Alaska Supreme Court decision made in the Simpson case, which
he said stands in part for the proposition that "on these
questions, conservation is paramount." Without conservation,
other issues, such as the economics of the fishery, can become
irrelevant. He said he thinks that if small numbers serve a
sound conservation purpose, then generally the shape of a
fishery can be defended. He said Alaska's in-state waters
scallop fishery is not very large, and the commission limited
entry into that fishery, which produced only eight permits
authorized to operate on the state portion of the fishery. He
said the bulk of the fishery - at least 80 percent - occurs in
federal waters, which is limited by the federal government.
1:13:24 PM
MR. TWOMLEY said there is an important conservation feature that
comes up in the [scallop] fishery, which relates to management
practices in other fisheries in the state, for example, the
Southeast herring purse seine fishery, where there have been
occasions when the managers were unwilling to turn to whole
fleet loose on the available resource, because it could do too
much damage. The solution was to tell members of the fleet to
get together and send only a couple of catchers to go out and
take the quota, he said. Mr. Twomley explained that that bears
some relation to the scallop fishery, because the scallop
dredges can do terrible damage to the sea bottom and pick up
king crab and other species, which do not survive the experience
of being hauled up by a dredge. He said it is a fishery where
fewer boats are better.
1:15:03 PM
MR. TWOMLEY continued as follows:
It's not to say that you're not pointing out a serious
issue, and it's one that we would have to keep an eye
on. It's not strictly within ... the normal optimal
number considerations, because what's happening out
there is that for whatever reason some people are
choosing not to fish - and it's voluntary; it's not
the state dictating that only a few -- I mean, it's
less than what goes on when needed in the Sitka Sound
herring fishery. It's something that's happening;
it's happening because there are fisherman choosing
not to fish, and as a result there are only a few
units a year out there. But essentially, ... I think
that's consistent with the conservation needs of the
fishery. ... Although we have to keep monitoring and
we have to hear any claims put to us, and I'd have to
reserve judgment to do that, we haven't viewed it as a
cause for alarm.
1:16:08 PM
REPRESENTATIVE SEATON asked Mr. Twomley if he is saying that
having one vessel harvesting the entire [scallop] stock in
Alaska would not run afoul of the special right of fishery, is
optimal for controllability, and is an allowable permit system
because it is easier to manage.
MR. TWOMLEY clarified that that is not his meaning. He stated:
In considering what a fishery can support,
conservation is a paramount consideration. And if
there is a strong conservation to be made for smaller
numbers, that's something that we would ... definitely
consider. And it's a fairly powerful case in this
fishery, simply because the way you get a cleaner
fishery that does less damage to the habitat and other
... valuable resources, is by having fewer scallop
dredges out there at a time.
1:18:22 PM
REPRESENTATIVE SEATON asked if preventing the unintended catch
of other species or having a cooperative continuous operation
would be reason for Mr. Twomley to grant a permit.
MR. TWOMLEY answered that he has heard hours of testimony on
this issue and has not heard a better alternative proposed;
however, he reiterated that he must reserve some judgment. He
said the commission may face a petition asking for an optimum
number determination for the fishery, and he said he would be
part of that decision.
1:20:12 PM
MR. TWOMLEY, in response to Chair Johnson, said the reason he
wants to continue his work is that the job is challenging, and
he has a vested interest in ensuring the job is done in a way
that preserves fisheries for those that depend on them. He
concluded, "We can do that if we take great care with our
decisions and, to the extent that we can with our capacity,
avoid being reversed in court."
1:20:37 PM
CO-CHAIR JOHNSON thanked Mr. Twomley for his service and then
brought attention to the appointment of Robert D. Mumford to the
Big Game Commercial Services Board.
1:21:07 PM
ROBERT D. MUMFORD, Appointee, Big Game Commercial Services
Board, related that he has served one term on the board and
considers that an honor. He said he is anxious to continue with
the work of the board. He said the board has only been going
for the past four years. He relayed that he helped write the
ethical standards for the big game guides and transporters. He
said he currently serves as a liaison from the board to the
[Division of Alaska Wildlife Troopers] and the Alaska State
Troopers.
CO-CHAIR JOHNSON thanked Mr. Mumford for his service.
1:22:54 PM
CO-CHAIR JOHNSON turned to the appointments of Ben Grussendorf
and Allen F. Barrette to the Board of Game.
1:23:11 PM
BEN GRUSSENDORF, Appointee, Board of Game, told the committee
that he grew up in Minnesota hunting and fishing and has served
on the board for some time now. He related that he worked with
Ken Fanning on the wanton waste bill that was codified in 1983.
The biggest issue at that time was to determine what was edible
on a bird. He said he also worked with Ramona Barnes regarding
the problem of moose kill on the Alaska Railroad tracks. He
said he has been interested in wildlife resources his entire
life and he emphasized that he enjoys working on the board.
1:24:49 PM
MR. GRUSSENDORF, in response to Representative Guttenberg, spoke
of the large issues that have come before the board. He said
there has been intensive management for the production of
caribou and moose. He relayed that there are two active
predator control areas in the state, with two more in progress.
He explained that the board is trying to ensure that the caribou
herds and moose population are available for human harvest and
subsistence. He said it is a challenge to consider the needs of
both those who want to hunt an animal and those who want to
observe the animal.
1:26:10 PM
REPRESENTATIVE P. WILSON noted that she has not received a
single e-mail or call against the job Mr. Grussendorf has been
doing, and she indicated she supports his appointment.
MR. GRUSSENDORF responded that the lack of complaints surprises
him. He stated that although people may not agree with a
decision, the hope is that they will understand why it has been
made.
CHAIR JOHNSON thanked Mr. Grussendorf for his service.
1:27:37 PM
ALLEN F. BARRETTE, Appointee, Board of Game, related that he has
been an Alaska resident since 1988, is married, and has three
children. He said he spends a lot of time with family outdoors.
He said he spends much of his time answering questions regarding
game issues, so that the public understands Alaska's regulations
and policies. He said he likes teaching ethics and "advising
people how to do things." He related his view that serving on
the board provides him with an opportunity to share what he has
learned and experienced as an Alaskan - his passion for Alaskan
wildlife.
MR. BARRETTE said he can bring an Interior perspective to the
board. He said he interacts with those in rural communities.
He indicated that between 2004 and current time, he has been in
leadership positions, having served on the Fairbanks Fish & Game
Advisory Committee, as well as having been elected as the chair
for the Trapping Subcommittee. He emphasized that is where he
learned to listen to public input and concerns, which he said is
an important part of his decision making.
1:30:25 PM
REPRESENTATIVE EDGMON noted that he has a large stack of public
comments before him in regard to Mr. Barrette's appointment. He
said a biblical quote from the Book of Genesis has been
attributed to Mr. Barrette and this quote is contained within a
number of the opposition e-mails. He requested Mr. Barrette
comment on why people are opposing his appointment.
MR. BARRETTE responded that he had done an interview with
Backpacker Magazine, during which he may not have been as clear
as he should have been. He stated, "My religious beliefs on
management is just the cornerstone of my basic management." He
offered his belief that the board must listen to the public and
to the professionals that provide data, statistical information,
and perspective on how to manage game. He said he understands
another controversial issue which resulted in a lot of the
emails to legislators was the closure of the wolf buffer zone in
the Stampede Trail Area. He said he made his decision after
listening to all the public testimony and written testimony and
advice from the professionals from the Alaska Department of Fish
& Game (ADF&G). He said the information provided was that this
was not a biological issue, and four or five of the advisory
committees that commented were not in favor of keeping or
expanding the buffer zone. He related that the superintendent
of Denali National Park and Preserve testified that the taking
of wolves outside the park boundaries could not be documented as
a factor to viewing opportunities inside the park. That was the
basis of his decision, he said.
1:33:25 PM
REPRESENTATIVE EDGMON noted another issue of controversy is that
Mr. Barrette owns a hide tannery as well as a business that
makes and markets wolf traps, which could mean Mr. Barrette has
an inherent conflict of interest.
MR. BARRETTE replied that currently a confidential ethics review
is taking place on that issue. He said he is willing to waive
that confidentiality to tell the committee that prior to a board
meeting he had given a disclosure statement that he "did own a
fur tannery" and "small trap company" and "none of my family or
immediate family members benefited from any of that."
1:34:53 PM
REPRESENTATIVE EDGMON said according to remarks written in some
of the aforementioned e-mails, Mr. Barrette might have to recuse
himself from a number of board votes.
MR. BARRETTE said he does not believe he has a conflict of
interest, and he indicated that an attorney for the board, as
well as the chair of the board has expressed concurrence.
1:36:44 PM
MR. BARRETTE, in response to Representative Seaton, opined that
it is important to educate those who may not understand the
reasoning behind consumptive use of game and wildlife. He said
those that do not understand are not stupid, and education
improves people in terms of understanding situations and
concepts.
1:37:58 PM
REPRESENTATIVE SEATON said someone came to his office and talked
about support for the snaring of bears, labeling them for
predator control, and not requiring guides for hunting bears.
He asked Mr. Barrette whether that would have a strong negative
impact on the economic base of the guiding industry, and to
explain where he thinks the balance is.
MR. BARRETTE replied that the snaring of bears was a public
program targeting black bears, and unfortunately there was some
incidental snaring of grizzlies. He said the system is being
improved to avoid harming grizzlies, and he predicted that
better effects of the program will be seen in the future. In
regard to guiding, he said he believes that industry is viable
to Alaska, and he indicated that he has no intent or agenda in
that regard. In further response to Representative Seaton, Mr.
Barrette said at this time he sees no need to implement the
snaring of grizzly bears.
1:40:52 PM
REPRESENTATIVE TUCK commented on the number of e-mails he has
received regarding Mr. Barrette's position regarding gassing
wolves, gassing dens, snaring bears, and using helicopters [for
wolf control]. He asked Mr. Barrette if there are any means of
predator control that he views as off limits.
MR. BARRETTE responded that he has had no involvement or taken
part in any discussion regarding gassing. He said he has been
involved with the snaring of black bears only through the
direction of the Alaska Department of Fish & Game (ADF&G). He
said the use of helicopters, under the direction of the
department, has recently been done and makes predator control
programs more efficient. He added, "It's all through the
management plans."
1:42:47 PM
REPRESENTATIVE TUCK recollected there had been a recent
regulation change that increased the allowable caribou harvest
for residents and non-residents from two bull caribous to five
caribous of any gender or age.
MR. BARRETTE said that change related to the Central Caribou
Herd in areas 26B and 25A. He said it was a proposal put in by
the department, based upon its census and the tools available to
control the harvest there. He indicated that the [caribou]
population in the North Slope Region is at least double the
projected goal population in the management plan. He expressed
his support of the proposal. In response to a follow-up
question, he said the proposal does not pertain to predator
control.
1:45:03 PM
MR. BARRETTE, in response to a question from Representative
Wilson regarding his resume, said he has been back to Wisconsin
four times since living in Alaska, but has not resided there
since he was 18 years old. In response to Chair Johnson, he
confirmed that the address on his resume is the address at which
he currently resides.
1:45:37 PM
REPRESENTATIVE GUTTENBERG recollected that Mr. Barrette had
spoke of educating less educated persons. He questioned how Mr.
Barrette addresses those with higher education.
MR. BARRETTE recognized that there are many independent
biologists and people with PhDs, and it is important to review
their data and match it against that of the state, taking into
account public opinion and advisory committees, and then making
the soundest decision for the state. In further response to
Representative Guttenberg, Mr. Barrette offered his
understanding that state biologists - through a chain of command
- come up with a unified opinion, which may not actually reflect
on the opinions of local biologists. He clarified that when he
says "independent" biologist, he means those not paid by the
state.
1:48:30 PM
REPRESENTATIVE GUTTENBERG said, "I would be surprised if
anything as controversial as that is uniform through any state
agency." He said one of the jobs of the legislature is to find
the opinions of each agency. Representative Guttenberg then
noted that Mr. Barrette has relayed in his written information
that he opposes the restricting of trapping in the Healy area.
He asked what brought about the comments regarding restricting
trapping in residential areas like Healy.
MR. BARRETTE offered his belief that that issue was a proposal
heard at the last meeting. He said what brought it about is
that several people's pets were caught in traps. He offered his
understanding that the Alaska Bureau of Wildlife Enforcement
cited the trapper involved with a wildlife violation. He said
the Alaska Trappers Association has organized seminars for
trappers and non-trappers to encourage better use of multi-use
trails. He said two individuals from Healy were giving related
classes.
1:51:00 PM
REPRESENTATIVE GUTTENBERG asked Mr. Barrette how close to
population centers he supports allowing trapping.
MR. BARRETTE responded, "How close is very opinionated." He
said he agrees with the Trapper Association's adage: "When in
doubt, don't trap there." He said there are confines to work
within, such as land ownership, private property, and borough
and state regulations. He said trapping is allowed in Creamers
Field in Fairbanks. He said the state does allow trapping as
close as is possible to get to city limits. He concluded, "It's
all discretionary and done under discernment."
1:52:16 PM
REPRESENTATIVE SEATON offered his understanding that Mr.
Barrette voted to revoke the buffer zone around Denali National
Park and Preserve. He requested Mr. Barrette to reiterate his
earlier statement in regard to the testimony that was provided
by the park superintendent before the Board of Game during that
meeting.
MR. BARRETTE said he believes it was stated that the taking of
wolves outside the park has not been documented as a factor of
viewing opportunities inside the park.
1:53:19 PM
REPRESENTATIVE SEATON inquired whether the park superintendent's
testimony was given while the buffer zone was in place or if the
superintendent was testifying that it did not matter whether the
buffer zone was in place.
MR. BARRETTE responded that according to the proposal he read,
the question was asked from an historical perspective.
REPRESENTATIVE SEATON surmised that it was while the buffer zone
was in place that the park superintendent had made that
testimony. He stated his understanding that when that buffer
zone was taken away, Mr. Barrette authorized the use of snow
machines to harvest wolves in the area of the old buffer zone.
He asked if any park officials or biologists testified regarding
that proposal.
MR. BARRETTE replied that the use of a snow machine was never a
factor within the "Stampede Trail Area and now what has been
eliminated as the Stampede Trail Closed Closure Area." He said
people were allowed to use snow machines within that buffer zone
and outside that buffer zone on state land; they just were
restricted "to not the taking of wolves or coyotes in the
restricted area."
1:55:33 PM
REPRESENTATIVE GUTTENBERG stated his understanding that after
the buffer zone was restricted, Mr. Barrette was the sole voice
to allow snow machines to harvest wolves in that area; no one
else on the Board of Game supported that. He asked Mr. Barrette
if he had petitioned the Board of Game to authorize the use of
snow machines to harvest wolves in that area.
MR. BARRETTE responded no.
REPRESENTATIVE GUTTENBERG noted that HB 267 would provide for
opening the Dalton Highway to snow machine use. He related that
HB 267 is being presented as a recreational issue that has
nothing to do with harvesting of game or the management of game;
however, the Board of Game voted a waiver to support the bill.
He asked what involvement Mr. Barrette thinks the Board of Game
has with HB 267 given that legislators are being told this is
not a game issue.
MR. BARRETTE replied, "The only involvement the Board of Game
has at this time with it was a letter of support for the concept
of using a snow machine within the five-mile James Dalton
Highway corridor."
REPRESENTATIVE GUTTENBERG inquired why the board would support a
decision that has nothing to do with game management.
MR. BARRETTE suggested that perhaps, in the future, the board
might be able to take advantage of the allowed use of [snow
mobiles] in that area as a means of managing game.
1:58:41 PM
REPRESENTATIVE GUTTENBERG expressed concern that the committee
is being told that HB 267 has nothing to do with game control,
while Mr. Barrette is suggesting that it could.
MR. BARRETTE indicated that the board cannot project a
management need.
CHAIR JOHNSON expressed appreciation for Mr. Barrette's
willingness to serve on the board.
1:59:16 PM
CO-CHAIR JOHNSON invited testimony for the appointments of Mr.
Twomley, Mr. Mumford, and Mr. Grussendorf.
2:00:28 PM
VIRGIL UMPHENOUR testified in support of Mr. Mumford's
appointment to the Big Game Commercial Services Board. He said
Mr. Mumford has worked hard with the guiding industry to bring
about ethics regulations which have now been promulgated. He
opined that there are still a lot of other issues that need to
be addressed to "get rid of some of the people that really
shouldn't be out there representing the state and to bring forth
higher standards in the industry."
2:02:36 PM
KELLY WALTERS testified in support of the appointment of Mr.
Grussendorf to the Board of Game. He emphasized the need for
someone to serve on the board who is reasonable and makes
decisions based on science.
2:03:34 PM
CO-CHAIR JOHNSON opened testimony for the appointment of Mr.
Barrette to the Board of Game.
2:04:12 PM
TINA BROWN, Board Member, Alaska Wildlife Alliance, testified in
opposition to the appointment of Mr. Barrette to the Board of
Game. She said the Alaska Wildlife Alliance was founded in 1978
and is the only group in Alaska dedicated to the protection of
Alaska's wildlife. She said the alliance does not oppose guns
or hunting, but rather promotes "an eco-system approach to
wildlife management that represents non-consumptive use." She
opined that Mr. Barrette's patent and manufacture of a wolf
trap, as well as his proprietorship of a fur tannery presents a
conflict of interest. She offered her belief that Mr. Barrette
did not satisfactorily address the previous question regarding
that conflict of interest.
MS. BROWN said Mr. Barrette recently voted to eliminate the
buffer zone around Denali National Park. That zone, she said,
protected the wolf packs in the area from being hunted and
trapped since 2002. Ms. Brown said although Mr. Barrette
stressed the importance of listening to the public's concerns,
in his vote regarding the buffer zone, he ignored the wishes of
100,000 park visitors and Alaskans in order to favor three or
four recreational trappers. She said Mr. Barrette also ignored
the best interests of the state's economy regarding the tourism
industry. She relayed that a 2006 U.S. Department of Interior
study showed that wildlife viewing in Alaska is a $581 million
business that is growing, while the hunting industry is a $124
million business that is shrinking. She said the wildlife
industry would not be adequately represented with Mr. Barrett's
appointment.
2:06:45 PM
MS. BROWN, regarding the issue of snow machines, quoted the
response of the chair of the Board of Game, Cliff Judkins, as
follows:
I just cringe at the thought of a snow machine running
down a park boundary chasing wolves. It's almost
beyond me. It might be something to do, but I don't
know if I could do it.
MS. BROWN said Mr. Barrette does not recognize the separation of
church and state and "allows this problem to affect his
judgment." She read a statement she noted Mr. Barrette had made
during the aforementioned interview with Backpacker magazine, as
follows:
It specifically puts out in the first book of the
Bible, in Genesis, that we should subdue nature and
control it. We should be the managers of the animals
through the sin of Adam of Eve, is what brought it on.
MS. BROWN added, "This does not represent sound wildlife
management views."
2:08:05 PM
MS. BROWN noted that fewer than 20 percent of Alaskans have
hunting licenses. She said already the Board of Game does not
adequately represent the 80 percent of Alaskans who are non-
consumptive users of wildlife. She said Mr. Barrette's
appointment would further exacerbate this lack of
representation. She urged the committee to support the majority
of Alaskans, as well as the best interests of the state, by
voting against the appointment of Mr. Barrette. She related
that recent letters to the editors of all three of the state's
major newspapers, people have expressed concern with Alaska's
current management of wildlife. She said a couple weeks ago
over 200 people attended an event in Juneau in opposition to
wildlife management policies in Alaska, and over 100 people
attended a rally the Saturday before last in front of the
capital. Recently, she said, collared wolves and "Yukon
Charlie" were fatally shot because of a "misunderstanding"
between state and federal officials.
MS. BROWN listed other events she indicated are problematic:
the Denali buffer zone was eliminated; Corey Rossi was recently
appointed as the state's new wildlife director; and extreme
predator policies have become the norm in Alaska and are
increasing in number and area. She said a recent on line poll
in Alaska Magazine showed overwhelming opposition to predator
control in Alaska. She said tourism is being negatively
affected by the state's wildlife management policies. She said
she knows of several cancellations resulting from those
policies, in particular, the elimination of the Denali buffer
zone.
MS. BROWN concluded:
As a non-consumptive user and a citizen who
constitutionally owns our state's wildlife, I'm not
being represented by our state's Board of Game. The
appointment of Mr. Barrette to the [board] would add
insult to injury.
2:11:40 PM
KARLA HART testified regarding the appointment of Mr. Barrette
to the Alaska Board of Game. She related that having served as
a former ADF&G employee for six years, during which time she ran
the Wildlife Viewing program, she had the opportunity to be on
the receiving end of public opinion regarding predator control.
She noted that many of the concerns that have been raised are
related to the appointment of Mr. Barrette to the Board of Game,
and she indicated that she would focus on Mr. Barrette's
appointment in terms of its effect on the population. Ms. Hart
stated that the board should reflect the diversity of wildlife
use among Alaskans. She reminded the committee that the
Constitution of the State of Alaska states that wildlife and
natural resources are for the maximum benefit of all Alaskans.
Currently, that is not reflected by the Board of Game.
MS. HART provided the committee with the following statistics:
85 percent of Alaskans age 16 and over - the age at which a
hunting license is required - do not hunt; 96 percent of women
in Alaska do not hold a hunting license; and well over 50
percent of Alaskans responded affirmatively in a national survey
that they watch wildlife. Ms. Hart added, "I think we all know
that the number of Alaskans watching wildlife is much higher."
She stated that tourism wildlife photography and resident
wildlife viewing are not represented on the Board of Game and do
not have a voice, yet under the constitution they should. She
said, "The economics are clearly behind wildlife viewing and
tourism."
MS. HART asked the committee to thank Mr. Barrette for his
interest in serving but ask the governor to find an appointee
that would better reflect all constituents in "the broad use of
Alaska's wildlife."
2:13:30 PM
CO-CHAIR JOHNSON noted that the purpose of a confirmation
hearing is for the committee to review the qualifications of
each appointee; the actual voting in favor of, or opposition to,
each appointee is done during a joint session of the House and
Senate.
2:14:08 PM
KELLY WALTERS testified in opposition to the appointment of Mr.
Barrette to the Board of Game. He said, "The vote on the wolf
buffer zone was pretty much my last straw." He related that he
had spoken to Mr. Barrette on the telephone to urge him to
resign because of his conflict of interest, at which time Mr.
Barrette told him what he stated earlier to the committee: that
his family has not benefited from his business interest. Mr.
Walters said he cannot understand that, because he does not
think Mr. Barrette gives his traps away for free.
MR. WALTERS said he is a hunter and fisherman. He said he
produced a television show called, "Moore Up North," in which
there was a panel discussion about predator control that was
broadcast statewide. During that discussion, former Board of
Game member Bob Bell stated that he would not have voted to
eliminate the Denali wolf zone because he recognizes that the
wolves in Denali Park are worth more alive for viewing by
tourists than they are worth dead. He offered his understanding
that Mr. Bell is against the appointment of [Mr. Barrette] to
the Board of Game. He said there have already been close calls
with the board voting whether to allow hunting of habituated
bears in the McNeil River area and Katmai National Park, and he
expressed concern that if Mr. Barrette's appointment is
confirmed, the board would be "tipped too far to one side."
MR. WALTERS related that in 2001, the people of McGrath were
concerned that the moose population might be lacking. The
thought was that there were 850 moose in the area, with a target
of 3,600, so ADF&G conducted a comprehensive survey and found
that there were actually 3,600 moose in the area. However,
within the experimental micromanagement area (EMA) - an
approximately 12 by 12 mile area around McGrath - the target was
30 bulls per 100 cows for a sustainable hunting population, but
the area was down to 6 bulls per 100 cows. Outside of EMA, he
said, that ratio jumped to 44 bulls per 100 cows. Mr. Walters
said he thinks that study was covered up and never discussed.
He stated, "That's the kind of science that has been denied
continually by the [Alaska] Department of Fish & Game and the
Board of Game, and if Mr. Barrette is brought on there, this
process will continue until we don't have any predators
anymore." He said science has shown undeniably that "wolves
actually strengthen herds."
MR. WALTERS expressed concern with Governor Sean Parnell's
appointment of Mr. Barrette. He said three times there have
been initiatives through which Alaskans have voted down predator
control. He stated his belief that predator control would have
been voted down again in August 2008, had it not been for
"Governor Sean Parnell's time with the lieutenant governor who
manipulated the language of the ballot initiative [and] was
brought into court several times." Mr. Walters said he has
intelligent friends in many occupations that were confused by
the initiative; people who wanted to end predator control voted
the wrong way. He urged the committee not to support the
appointment of Mr. Barrette to the Board of Game.
2:19:34 PM
WILLIAM SHERWONIT testified in opposition to the appointment of
Mr. Barrette to the Board of Game. He relayed that he heard Mr.
Barrette speak during a recent Board of Game meeting in
Fairbanks. He said, "I just want to say that I think Mr.
Barrette is, if not misrepresenting the Park Service position on
the Denali wolf buffer issue, is sort of picking and choosing
his spot." He related that the Park Service put forth a
proposal that not only supported the buffer zone, but also
proposed to increase the size of the zone. He said there has
been increased take of wolves within Denali Park along the
border of the buffer zone. He said he thinks Mr. Barrette was
"trying to give the sense that the Park Service testimony, in
fact, supported the ... closure of the buffer, and in fact the
Park Service pushed for an increased buffer."
MR. SHERWONIT, regarding Healy trapping, said a resident of
Healy made clear that trapping was occurring in the Healy area
very close to residential areas, and a number of pets had been
trapped. He said he was amazed the board voted to continue
trapping in the residential area of Healy. He said this is a
larger public safety issue than one bad trapper. He said it
would have been easy for the board to put a ban on trapping in
the Healy residential area. He said Mr. Barrette was a part of
that decision; therefore, he questions the man's judgment.
MR. SHERWONIT said he knows people's comments can be taken out
of context, which could have been the case regarding the
biblical quote used by Mr. Barrette. However, Mr. Sherwonit
said it is important to note that within the aforementioned
quote, Mr. Barrette emphasized that humans are mandated to
subdue and control nature. He questioned the wisdom of putting
someone on the Board of Game who believes it is the job of human
beings to subdue and control nature. He said the board already
represents a narrow slice of Alaskans, and to put someone on the
board who "takes the board to an even more extreme place" is
troubling. He said he thinks many Alaskans would prefer that
the Board of Game actually represent a broader spectrum of
Alaskans. Mr. Sherwonit noted that Mr. Barrette had testified
that he wants to educate others, but Mr. Sherwonit questioned
Mr. Barrette's own education in terms of a broader wildlife
management perspective. He opined that Mr. Barrette's
nomination to the board should be denied.
2:25:11 PM
CHUCK GREY told the committee that he will be 82 years old this
year, and he has lived in Alaska since he was 15. He related
that he worked at the Daily News Miner for 42 years. He said he
carries a master guide license and knows something about fish
and game. He opined that Mr. Barrette is a unique person to
have on the board, because he is "probably as well-informed or
better than almost anybody in this area." He said Mr.
Barrette's business headquarters is a grand central station for
hunters and fisherman in the area. He said he thinks Mr.
Barrette is "uniquely capable." He said the opposition seems to
be more on one vote that Mr. Barrette cast. He said Mr.
Barrette has a way of looking at issues rationally and fairly.
2:27:23 PM
VIRGIL UPHENOUR told the committee that he served three terms on
the Board of Fisheries and is the vice chair of the Fairbanks
Fish and Game Advisory Committee. He said people are talking
about conflict of interest, but if there is no interest, there
is no conflict. He said the majority of the Board of Fisheries
are all either commercial fisherman or are involved in the sport
fishing industry. He posited that the "anti-hunting
individuals" are only focusing on managing just a part of the
resource. Mr. Uphenour said he is a master guide and owns a
fish processing business in Fairbanks. He said he hears mostly
about fishing, while Mr. Barrette hears more about hunting and
trapping. He said he knows Mr. Barrette surprised the board
when he showed up with his own copy of the statute and
regulation books used by the board. He opined that that speaks
to Mr. Barrette's interest in managing the state's resources
responsibly.
2:30:13 PM
JACK REAKOFF related that he was born in the territory of Alaska
and has lived in the Brooks Range since the age of three. He
said he is currently co-chair of the Koyukuk River Advisory
Committee and the chair of the Western Interior Advisory
Council. He said Mr. Barrette may be a nice, industrious
person, but the question is whether he will uphold the legal
mandate and has the conservation ethic to perform the role of
protector of the state's game. He said Mr. Barrette voted
several times to reduce the amounts necessary for subsistence.
He noted that any additional animals can be allocated to non-
residents. He mentioned a caribou hunt "boondoggle" that was
proposed by the department for the North Slope and Brooks Range,
and said, "No one in their right mind shoots cow caribou or
allows the public to shoot cow caribous that have three-week-old
calves." Mr. Rekoff, in conclusion, opined that Mr. Barrette
has proven several times during the last Board of Game meetings
that he is not qualified to be a board member for the majority
of Alaskans.
2:33:43 PM
LYNNETTE HINES (ph) testified in opposition to the appointment
of Mr. Barrette to the Board of Game. She told the committee
that she is an Alaska Native who has brothers and uncles that
hunt and fish throughout the state. She noted that she is a
past president of the Anchorage Tlingit and Haida Clan, as well
as the Alaska Native Sisterhood. She said she knows about the
woman who was killed just recently by wolves in the Chignik Lake
area, and said that was a sad event.
MS. HINES said she opposes Mr. Barrette's appointment because he
owns a business that can be affected by the decisions of the
board. She expressed disapproval of the board for not following
the rules during its January 5 election. She explained that one
of the board's employees, as well as one of the wives of a
candidate, counted the ballots. She said she wrote a piece to
the Anchorage Daily News concerning that issue. She credited
[the board] for approving the [Ahtna, Inc.] proposal for
ceremonial potlatches.
MS. HINES said she has lived in Southcentral Alaska for over 40
years, has driven cabs, and knows that tourism brings a lot of
dollars to Alaska. She related having seen a wolf recently
between the Alaska and Canada border along the route from
Anchorage to Haines. She emphasized her priority issue is
subsistence. She talked about the importance of the animal
spirit. She said she does not support Mr. Barrette's
appointment because she does not think he would be fair.
2:39:12 PM
WADE WILLIS, testifying on the appointment of Mr. Barrette to
the Board of Game, stated that the board is responsible for
managing game on state park lands where "subduing nature" is not
the mandate. He said the board must work cooperatively in those
areas. Mr. Willis expressed concern that Mr. Barrette does not
seem to have a fundamental view of wildlife management that
"allows that form of letting Mother Nature ... be natural." He
questioned Mr. Barrette's willingness to work with the
scientific community and the public, because he witness Mr.
Barrette vote to revoke the ADF&G statewide bear management
policy that guides the department on the scientific management
of Alaska's bears. Furthermore, Mr. Barrette voted to "do all
kinds of expansions of bear baiting and bear trapping into the
summer."
MR. WILLIS said his primary concern is that in his initial
testimony, Mr. Barrette never mentioned that he owns a trapping
business and a tannery. He stated that Mr. Barrette blatantly
lied when he said he did not petition the board to allow the use
of snow machines in the old buffer zone area. He offered to
send Mr. Barrette's testimony to the committee; he said it was
proposal number 62, which was done on March 5. Mr. Willis
expressed concern that Mr. Barrette does not represent the
diverse points of view the state needs to possess in order to
manage both state and federal lands. He said he has clearly
shown that he is quite biased and willing to lie.
2:42:34 PM
ART GREENWALT stated that there are numerous reasons why he
thinks Mr. Barrette would be an unsatisfactory choice for a
position on the Board of Game. First, he said Mr. Barrette's
revenue source is from the manufacture of wolf traps and the
operation of a fur tannery. Both incomes rely directly upon
decisions made by the board - decisions in which Mr. Barrette
would play a significant part. Second, relating the Denali Park
buffer zone vote, Mr. Greenwalt said he thinks Mr. Barrette
demonstrated a disregard for the input of Alaska residents, when
he voted on the side of a few recreational trappers rather than
listening to the over 500 local residents who signed a petition
requesting the zone be expanded, or the local Park Service
superintendent who also requested that the zone be expanded. He
said he was astounded that Mr. Barrette could disregard such an
overwhelming local public opinion.
MR. GREENWALT opined that Mr. Barrette would bring no real
diversity to the board. He stated, "His appointment would
create a total absence of any representation for the entire
Southcentral region." He asked the committee to keep in mind
that there are hundreds of thousands of Alaskans who do not
belong to hunting groups, or agree with them, that would not be
represented by Mr. Barrette. He urged the committee to deny Mr.
Barrette's confirmation. He concluded, "To allow him to be
confirmed would be the same as telling Alaskans integrity and
professionalism have no place on the Board of Game."
2:44:53 PM
SHANNON MOORE stated that the Board of Game already addresses
controversial issues without the addition of a member who has an
obvious conflict of interest. She revealed that she is both a
consumer of hunted game and an observer of game; therefore she
does not have a bias against hunting. She said it would be
great to see broader vision on the board - someone who
represents more of Alaska. She said she agrees with former
testimony that Anchorage and the Southcentral Region need "at
least one voice" after the retirement of former board member Bob
Bell. She urged the committee not to forward the name of Mr.
Barrette to the joint Senate and House.
2:46:41 PM
GREG BROWN said he is a resident of Juneau who started hunting
when he was 10 years old. He said he runs a small whale-
watching business in Juneau. He noted that currently the
consumptive use of game is a $124 million business that is
"sinking like a rock." Conversely, wildlife viewing is a $581
million business, which has been rising 6-10 percent for the
last 10 years, not only in Alaska but throughout the nation.
Mr. Brown related that Alaska is not even ranked in the top half
of the states for animal viewing, and he opined that it should
be.
MR. BROWN said he had never heard of Friends of Animals until
three weeks ago, and he has now received three e-mails from
people questioning whether they want to come take a trip they
booked with him months ago. He indicated this uncertainty
pertains to a boycott generated by Friends of Animals. He said
the buffer zone issue is based on providing opportunities for
four trappers, which would risk a $581 million business. He
said wolves have increased business in Yellowstone National Park
by $35 million a year, but Alaska is creating a terrible image
of shooting wolves. He said he has been hearing feedback from
people in the Lower 48 about the use of helicopters and the
shooting of collared wolves [in Alaska]. He asked, "How smart
do you have to be to know that if a wolf has a collar, it's
probably a government person putting it on, [so] you shouldn't
shoot it? It doesn't take a lot of brains to do that."
MR. BROWN said he has never before testified against an
appointee; however, he said some of the recent actions on the
Board of Game have raised his ire. He said Mr. Barrette's
business is a conflict of interest. He stated his opposition of
the appointment of Mr. Barrette to the Board of Game. He said
the board is stacked with people with conflicts of interest
already, and he urged consideration be made to appoint a member
of the board who is a non-consumptive user of resources.
2:50:50 PM
DAVE TURNBULL stated that his home of Anchorage is currently
unrepresented on the Board of Game and is in need of
representation. He noted that former board member, Bob Bell,
whom he disagrees with on most issues, called Mr. Barrette an
extremist that has no place on the board. Mr. Turnbull opined
that Board of Game decisions should be based on science, not on
financial interests, such as Mr. Barrette's interest in his
trapping company and fur tannery, or on religious doctrine,
which Mr. Barrette mentioned during his interview with
Backpacker Magazine. He asked the committee not to confirm Mr.
Barrette to the Board of Game.
2:52:09 PM
CO-CHAIR JOHNSON reiterated the process that is followed by the
committee during confirmation hearings. He said the vote of the
Joint Senate and House is scheduled to take place on Friday,
April 9.
2:53:08 PM
REPRESENTATIVE P. WILSON moved to advance the confirmation of
Bruce C. Twomley to the joint session of the House and Senate.
There being no objection, the nomination of Bruce C. Twomley to
the Commercial Fisheries Entry Commission was advanced.
2:53:30 PM
REPRESENTATIVE P. WILSON moved to advance the confirmation of
Robert D. Mumford to the joint session of the House and Senate.
There being no objection, the nomination of Robert D. Mumford to
the Big Game Commercial Services Board was advanced.
2:53:43 PM
REPRESENTATIVE P. WILSON moved to advance the confirmation of
Ben Grussendorf to the joint session of the House and Senate.
There being no objection, the nomination of Ben Grussendorf to
the Board of Game was advanced.
2:53:55 PM
REPRESENTATIVE P. WILSON moved to advance the confirmation of
Allen F. Barrette to the joint session of the House and Senate.
There being no objection, the nomination of Allen F. Barrette to
the Board of Game was advanced.
2:54:13 PM
REPRESENTATIVE GUTTENBERG emphasized Co-Chair Johnson's previous
explanation by relating that even a standing committee does not
have the authority to stop a nomination.
CO-CHAIR JOHNSON confirmed the foregoing is correct.
2:55:04 PM
CO-CHAIR JOHNSON recessed the House Resources Standing Committee
to 3:00 p.m.
3:00:03 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 3:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Appointees-Other Boards-Letters.pdf |
HRES 4/5/2010 1:00:00 PM |
|
| Appointees-Other Boards-Letters 2.pdf |
HRES 4/5/2010 1:00:00 PM |