Legislature(2011 - 2012)BARNES 124
02/02/2011 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Overview: Alaska Department of Fish & Game - Division of Sport Fish, Division of Commercial Fisheries | |
| Overview: Department of Public Safety - Alaska Fisheries Enforcement Issues | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
February 2, 2011
1:04 p.m.
MEMBERS PRESENT
Representative Eric Feige, Co-Chair
Representative Paul Seaton, Co-Chair
Representative Peggy Wilson, Vice Chair
Representative Alan Dick
Representative Neal Foster
Representative Bob Herron
Representative Cathy Engstrom Munoz
Representative Berta Gardner
Representative Scott Kawasaki
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Alan Austerman
COMMITTEE CALENDAR
OVERVIEW: ALASKA DEPARTMENT OF FISH & GAME - DIVISION OF SPORT
FISH, DIVISION OF COMMERCIAL FISHERIES
- HEARD
OVERVIEW: DEPARTMENT OF PUBLIC SAFETY - ALASKA FISHERIES
ENFORCEMENT ISSUES
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
CHARLES SWANTON, Director
Division of Sport Fish
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Provided an overview of the Division of
Sport Fish.
SUE ASPELUND, Acting Director
Division of Commercial Fisheries
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint overview on the
Division of Commercial Fisheries.
SCOTT KELLEY, Regional Supervisor
Division of Commercial Fisheries
Alaska Department of Fish & Game (ADF&G)
Douglas, Alaska
POSITION STATEMENT: During the Division of Commercial Fisheries
overview, answered questions.
JOHN LINDERMAN, Arctic-Yukon-Kuskokwim Regional Supervisor
Division of Commercial Fisheries
Alaska Department of Fish & Game (ADF&G)
Anchorage, Alaska
POSITION STATEMENT: During the Division of Commercial Fisheries
overview, answered questions.
ANDREW MUNRO, Fisheries Scientist
Division of Commercial Fisheries
Alaska Department of Fish & Game (ADF&G)
Anchorage, Alaska
POSITION STATEMENT: During the Division of Commercial Fisheries
overview, answered questions.
JEFF WADLE, Fishery Biologist
Division of Commercial Fisheries
Alaska Department of Fish & Game (ADF&G)
Kodiak, Alaska
POSITION STATEMENT: During the Division of Commercial Fisheries
overview, answered questions.
DOUG PENGILLY, Fishery Biologist
Division of Commercial Fisheries
Alaska Department of Fish & Game (ADF&G)
Kodiak, Alaska
POSITION STATEMENT: During the Division of Commercial Fisheries
overview, answered questions.
STEVE HALL, Lieutenant
Division of Alaska Wildlife Troopers
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint overview regarding
fisheries enforcement.
GARY FOLGER, Colonel, Director
Central Office
Division of Alaska Wildlife Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Assisted in providing a PowerPoint overview
regarding fisheries enforcement.
ACTION NARRATIVE
1:04:40 PM
CO-CHAIR PAUL SEATON called the House Resources Standing
Committee meeting to order at 1:04 p.m. Representatives Seaton,
Feige, P. Wilson, Herron, Dick, Kawasaki, Gardner, Munoz, and
Foster were present at the call to order.
^OVERVIEW: Alaska Department of Fish & Game - Division of Sport
Fish, Division of Commercial Fisheries
OVERVIEW: Alaska Department of Fish & Game - Division of Sport
Fish, Division of Commercial Fisheries
1:05:17 PM
CO-CHAIR SEATON announced that the first order of business is an
overview of the Alaska Department of Fish & Game, Division of
Sport Fish, followed by an overview of the Division of
Commercial Fisheries.
1:05:31 PM
CHARLES SWANTON, Director, Division of Sport Fish, Alaska
Department of Fish & Game (ADF&G), stated that the division's
mission is "to protect and improve the state's recreational
fisheries resources." Founded on this mission are [seven] core
services: fishery management, fishery research, fisheries
enhancement, angler access, information and education services,
fish habitat, and workforce support.
MR. SWANTON, in response to Co-Chair Seaton, said he has
provided committee members with a [three page] handout [from
which he is speaking].
MR. SWANTON, continuing his presentation, explained that "the
division measures success in meeting its mission by assessing
the outcomes of sustained recreational fishing opportunities
while optimizing social and economic benefits." To accomplish
this the division has the following four targets: sell 450,000
sport fishing licenses annually, maintain 2.5 million angler
days [of recreational fishing effort annually], maintain a
positive trend in sport fishing trip-related expenditures, and
maintain at least 75 percent of anglers satisfied with their
sport fishing experience.
1:07:16 PM
MR. SWANTON, in response to Representative P. Wilson, said the
division has met its target of selling 450,000 sport fishing
licenses in the past. In calendar year 2010, about 434,000
licenses were sold and in 2009 about 237,000 were sold. The
division's assumption is that the economic downturn in the
visitor industry is the reason the target was not met in the
last two years.
MR. SWANTON, in response to Co-Chair Seaton about what can be
done about the downturn, said the State of Alaska and ADF&G have
fisheries programs in place that are very attractive for
recreational angling, so the product is there. Based upon the
decrease in the number of nonresident anglers, he surmised it
probably has to do with the current national and international
economic situation. What can be done about not meeting the
target is essentially what the division is doing in some cases
and possibly some additional partnering with tourism industries
to get the message out. In further response to Co-Chair Seaton,
Mr. Swanton agreed to provide the committee with a five-year
look-back for each of the four targets.
1:10:06 PM
MR. SWANTON, resuming to his presentation, noted that challenges
currently impacting the division's ability to achieve its
mission include: maintaining existing hatchery production while
constructing new hatcheries in Fairbanks and Anchorage;
subscribing to the Sustainable Salmon Fisheries Management
Policy, the [Salmon] Escapement Goal Policy, and the Policy for
the Management of Sustainable Wild Trout Fisheries; continuing
to refine and improve the accuracy of ADF&G and Dingell-Johnson
fund projections in order to do a better job of revenue
forecasting and operational costs; improving resident angler
satisfaction by diversifying fishing opportunities and
modernizing harvest data collection methods; ensuring public
access and minimizing impacts to recreational users as lands are
conveyed; and improving current and/or developing new approaches
to better inform and educate the public about sport fishing
opportunities and regulations.
MR. SWANTON reported that the division's total request for
Fiscal Year (FY) 2012 is $48,389,500, which represents a
decrease of about $858,000 from FY 2011. He said the division
has one component, which is Sport Fisheries. The division has
231 full-time employees and 204 permanent seasonal employees.
Three regional offices located in Fairbanks, Anchorage, and
Douglas, and 22 area offices are spread around the state.
1:11:48 PM
REPRESENTATIVE GARDNER inquired whether the challenge of
maintaining existing hatchery production while constructing new
facilities is a funding issue or personnel issue.
MR. SWANTON replied it has more to do with trying to maintain a
level of production at the division's antiquated hatchery
facilities while moving towards transitioning into the new
facilities that are being built, which is a juggling act. There
has been a downturn in the amount of fish that are available for
programs primarily located in Interior and Southcentral Alaska.
CO-CHAIR SEATON requested Mr. Swanton to provide data on
hatchery production and anticipated production in each hatchery
and how the goal of providing those recreational fishing
opportunities will be met.
1:13:31 PM
REPRESENTATIVE GARDNER asked what makes for a satisfactory
angling experience and whether there is a difference in
providing this for resident anglers versus general anglers.
MR. SWANTON responded that the division's 2007 economic survey
included a section with questions specific to angler
satisfaction. That survey shows that generally about 81.3
percent of anglers, both resident as well as nonresident, were
satisfied with the fishing experiences that they had for that
given year. The division uses that as a general guide; it does
not assess that year in and year out. It is a general target
and in some cases it is one where a wide array of folks are
asked that question and it is an average of how those people
respond. In further response, he nodded in agreement that he
did not intentionally mean to distinguish between resident and
nonresident anglers.
1:15:42 PM
CO-CHAIR SEATON understood the challenge to be a goal of
improving angler satisfaction, not measuring or tracking it. He
inquired whether creel censuses are used in this regard or
whether this is basically a statement that the division wants to
have anglers satisfied with their fishing experience.
MR. SWANTON concurred that the division's challenges are things
that are ongoing in terms of the division's efforts. The
division does not routinely collect angler satisfaction
information through its statewide harbor survey, log book
program, or creel programs. He said he is unsure what the
division would do with that information if it were to be
collected on an annual basis given that it would have to be
relatively specific to a particular fishery or group of similar
fisheries for the division to be able to do to something to
modify that. Thus, angler satisfaction is a general guide that
the division uses to move forward. The division will be
instituting a satisfaction component when it updates its
economic survey information which was last done in 2007. That
information was released in late 2009 and those statistics show
that recreational angling in Alaska is an economic activity of
about $1.4 billion in value.
1:17:27 PM
CO-CHAIR SEATON surmised that the reduction in the number of
fishing licenses sold on an annual basis is unrelated to angler
satisfaction; rather it is related to other factors.
MR. SWANTON agreed and said trend in resident fishing licenses
over the past five years has remained relatively stable with
some increases, whereas nonresident licenses are where the
downturn has occurred.
1:18:46 PM
REPRESENTATIVE KAWASAKI asked why the new hatchery in Fairbanks
has not yet produced fish and when will production begin.
MR. SWANTON answered that the division is finishing a booklet of
frequently asked questions and trends that will be circulated to
legislators next week. The problem encountered at the Fairbanks
hatchery has to do with the water treatment and filtration
system because the water in Fairbanks is different than anywhere
else in the country. The filtration system is being retrofitted
and the hope is to have fish in the hatchery by May 2011, which
is a year later than had been planned.
1:21:08 PM
REPRESENTATIVE KAWASAKI asked whether any additional funds will
be necessary outside of those previously in the capital budget.
MR. SWANTON replied that a number of things still need to be
settled with the contractor and the design engineering firms,
and until the problem is solved he is unable to say.
REPRESENTATIVE KAWASAKI expressed his fear that the hatchery
will not open and the legislature will not have enough time to
think about it as a budget item.
1:22:08 PM
REPRESENTATIVE P. WILSON understood the Fairbanks hatchery
problem is going to be quite a bit of extra cost. She asked
whether the problem is that the water was not checked at the
start or it was checked and thought to have been handled.
MR. SWANTON responded that it was both. Some components in the
original design were not capable of functioning the way they
were supposed to. Water temperatures were also an issue based
upon the data that was used, and various other components were
problematic. Certain elements have been re-designed and it will
be re-plumbed. There will be a heating component and there is
also the issue specifically related to the performance standards
being adhered to as they were originally designed into the
system. How much still needs to be done and what it will cost
are where things are at right now.
1:24:04 PM
MR. SWANTON, in response to Representative P. Wilson, confirmed
that the division's headquarters office is located in Juneau and
a regional office is located in Douglas.
REPRESENTATIVE P. WILSON inquired whether there would be a cost
savings to have just one office for the aforementioned.
MR. SWANTON suggested the question be posed to Representative
Munoz.
1:25:15 PM
REPRESENTATIVE P. WILSON requested Mr. Swanton to elaborate on
any problems that may be forthcoming in regard to page 2 of the
handout, fifth bullet, which states: "ensuring public access
and minimizing impacts to recreational users as lands are
conveyed or restricted by federal managers or federal
subsistence regulations."
MR. SWANTON answered that the aforementioned is in reference to
division staff working with federal entities, such as the U.S.
Forest Service, National Park Service, and Bureau of Land
Management, to maintain recreational access opportunities for
both fishing and hunting. Division staff reviews federal plans
and activities for a broad array of topics, including trails and
RS 2477 areas, to ensure that historical public access is
maintained or access easements are provided.
1:26:56 PM
REPRESENTATIVE P. WILSON asked whether federal managers have
implemented more regulations that are making it harder for the
state to keep what it has now.
MR. SWANTON replied it would depend on whether the difference
relates to ten years ago or twenty years ago.
REPRESENTATIVE P. WILSON asked whether there are restrictions at
the federal level now that were not there in the past. She
further asked whether there are now federal subsistence
regulations that were not there in the past.
MR. SWANTON responded yes. In further response, he nodded in
agreement that he would provide members with written information
in this regard.
1:28:25 PM
REPRESENTATIVE DICK inquired whether it is the responsibility of
the department or of fishing guides to educate the public about
the locations of good fishing areas.
MR. SWANTON answered that guides working in fresh water are
required to complete a log book for each trip with information
about the location, number of clients, and so forth; that
information would be available to the area management biologist.
However, it is a two-edged sword in that some people are willing
to share information about their favorite locations and some do
not want area management staff to share those new-found areas.
For certain locations the division does not necessarily
publicize the information, but would provide the information if
specifically asked by someone.
1:29:58 PM
REPRESENTATIVE DICK asked whether a dollar value has been put on
sport fishing in rivers, such as the Kenai, as opposed to
commercial fishing in the ocean or subsistence fishing.
MR. SWANTON replied that economists and others have struggled
with this question for quite some time and are probably no
closer to an answer than when they started. He offered to
provide members with information that is available regarding
economic activities for particular fisheries.
1:31:16 PM
REPRESENTATIVE DICK said he would appreciate receiving that
information because he supports sport fishing. He then inquired
whether the fishery on the Kuskokwim River would be enhanced if
predatory fish like northern pike were addressed.
MR. SWANTON responded that a fair amount of attention has been
given to the opportunities on the Kuskokwim River that are
different than other areas in the state; for example, the
opportunity to fish for king salmon in the morning, fish for
resident species in the afternoon, followed up by pike fishing
in the slews. The division has contacted people and tried to
get them interested, but the efforts have been unsuccessful.
1:33:01 PM
CO-CHAIR FEIGE asked what the best candidates are for permitting
and building new hatcheries to support the sport fishing
industry.
MR. SWANTON quipped he would like to wait four or five years to
answer the question, given the struggles he has had over the
past few years with constructing and funding the two sport fish
hatcheries.
1:33:47 PM
REPRESENTATIVE MUNOZ thanked Mr. Swanton for his help with the
educational programs for youth that have been well used by
Juneau residents. She related that the International Halibut
Commission (IHC) recently announced a cut to the halibut quotas
for Southeast Alaska. She asked how the division works with the
IHC in terms of taking those recommendations and what the next
step in implementing those changes will be.
MR. SWANTON pointed out that it is an international treaty that
starts the whole process, and the division's role is largely
peripheral since it has no management authority for halibut.
The North Pacific Fisheries Management Council is in the process
of finalizing a catch sharing plan, which is tangential to the
most recent announcement of the one 37-inch fish limit for
Southeast Alaska as a harvest control measure. The division
provides the harvest information from the sport fishery as well
as the subsistence fisheries for consideration during
deliberations. When asked, the division does offer counsel with
regard to what various options might do to harvests.
1:36:03 PM
MR. SWANTON, in response to Representative Munoz, confirmed that
the National Marine Fisheries Service also has input into the
process from a scientific standpoint. In further response, he
agreed that there have been changes to the scientific modeling.
In the most recent change to the model, the integration of
movements of halibut in the Gulf of Alaska is not as accentuated
as it was in the past.
1:37:15 PM
REPRESENTATIVE HERRON inquired whether the 2009 sport fishing
data included online for Survey Area V, the Kuskokwim River, is
part of the data used for closing sport fishing on rivers
immediately above Bethel for this coming season.
MR. SWANTON replied that he will speak to the area management
biologist who affected that and will get back to members. He
confirmed that the statewide harvest survey information is part
of the decision making process.
REPRESENTATIVE HERRON said that these sport fishing surveys need
to be put in context; for example, in 2009 the fresh water days
fished was almost 18,000. Where he comes from, most of the fish
that go into the freezer are from driftnets. Many people in his
region like recreational rod and reel fishing, so he would like
this information as a perspective on how the division makes
decisions elsewhere in the state.
1:39:07 PM
REPRESENTATIVE KAWASAKI asked how the delayed start of the
Fairbanks fish hatchery will impact fish stocks in the lakes and
rivers where the fish are released.
MR. SWANTON responded that it will continue the situation as it
currently exists, which is that the fishing is poor for the
stock waters program in the Interior. The delay will push that
program out an additional year.
REPRESENTATIVE KAWASAKI commented that catching a fish would be
the number one metric for satisfaction as far as the angler
satisfaction survey goes. He then inquired whether public
access on RS 2477 areas is in the purview of the Division of
Sport Fish or the Department of Natural Resources, or whether
the two work together on this issue.
MR. SWANTON answered that the division works in consort with the
Department of Natural Resources.
1:41:10 PM
CO-CHAIR SEATON surmised that the personal use fishery on the
Kenai River is the largest, or close to the largest, fishery
that the Division of Sport Fish manages in the state. Yet, as
he understands it, the take assessment relied on about two days
of sampling. He asked whether the division has plans to make a
more accurate monitoring of the take for such a large fishery.
He further maintained that the number of fish taken is more like
750,000 than 350,000.
MR. SWANTON allowed that Co-Chair Seaton's assessment is
correct, but said he is unsure about characterizing the Kenai
River's personal use fishery as the largest managed by the
division. He estimated that about 24,000 to 25,000 households
fish personal use on the Kenai and said he believes that the
permit system in place provides a reasonably accurate assessment
of the harvest. People are required and reminded to complete
the permit card and the return rate is greater than 80 percent.
He has personally spent time in the effort to check permits and
the division has found that the number of fish on the permits
versus the number actually in the cooler or boat is pretty
close. Therefore, he does not believe more effort is needed to
assess the accuracy. He allowed that there are things the
division would like to do to modernize, such as recording and
turning in the permits via online. Given the substantial amount
of enforcement effort he said he does not subscribe to the
viewpoint that the harvests are double what are being reported.
1:45:31 PM
CO-CHAIR SEATON said he is also talking about the in-season
numbers. He urged that more attention be paid to the assessment
on the river which could be done by picking a portion of the
river and just watching that particular spot to get an estimate
of the harvest rate. Another assessment method could be to use
aerial photography to document the number of boats on the river.
He suggested the division publish the number of times it is on
the river so there can be more confidence in the numbers.
1:47:14 PM
MR. SWANTON, in response to Representative Munoz, said that the
Division of Sport Fish does not manage the king crab personal
use fishery in the Juneau area.
MR. SWANTON, in response to Co-Chair Feige, responded that the
46,000 square foot facility in Fairbanks is primarily a resident
species hatchery that will produce over 750,000 fish annually
and will include a variety of species. Most of the fish, if not
all, will go into impoundments; very few fish will be stocked
into flowing waters. The king and coho salmon will be stocked
in the various lakes that are accessible by the road systems.
The division stocks as far down as Glennallen and along the
Edgerton cutoff. He confirmed that the Fairbanks hatchery
became necessary when the "Elmendorf" hatchery closed.
REPRESENTATIVE P. WILSON commented that if the lakes in the Tok
area were not stocked people would be unable to catch as many
fish as they do and therefore the program is appreciated.
1:50:49 PM
MR. SWANTON, continuing his presentation, noted that page 3 of
his handout is an overview of the various funding sources from
which the division receives revenue. While there is a wide
array of funding sources, the bulk of the division's funding is
federal excise tax pass-through and license and stamp monies
from the Alaska Department of Fish & Game. Additionally, the
division invests about $3-$3.2 million annually in various
boater access projects around the state.
MR. SWANTON, in response to Co-Chair Seaton, confirmed that the
funds coming from the Alaska Department of Fish & Game are from
state fishing licenses as well as king salmon stamp sales.
CO-CHAIR SEATON inquired whether access for fishermen along
streams must be maintained even when the state disposes of the
land along those streams. He surmised this might be a question
for the Department of Natural Resources.
MR. SWANTON deferred to the Department of Natural Resources.
1:53:46 PM
The committee took an at-ease from 1:53 p.m. to 1:56 p.m.
1:56:32 PM
SUE ASPELUND, Acting Director, Division of Commercial Fisheries,
Alaska Department of Fish & Game (ADF&G), introduced a number of
division staff located throughout the state who were online to
assist with any questions. She paraphrased from the division's
mission statement written on slide 2 of her presentation:
Manage, protect, rehabilitate, enhance, and develop
the fisheries and aquatic plant resources in the
interest of the economy and general well being of the
state, consistent with the sustained yield principle
and subject to allocations established through public
regulatory processes.
MS. ASPELUND reviewed the division's primary responsibilities
[slide 3]. The division manages all commercial fisheries in
state waters, with the exception of halibut and some salmon in
Southeast Alaska and the Yukon River which are managed under
international treaty. Under delegation from the federal
government, the division manages several species in federal
fisheries from 3 to 200 miles, such as scallops, crab, and some
groundfish. The division also manages subsistence fisheries in
the Arctic-Yukon-Kuskokwim and Southcentral Alaska regions as
well as subsistence and personal use fisheries in marine waters
in Southeast Alaska and the westward region of the state. Some
of the commercially important species of seafood in Alaska
include five species of salmon, seven species of crab, four
species of shrimp, walleye pollock, Pacific halibut, Pacific
cod, sablefish, herring, flatfish, rockfish, ling cod, geoducks,
sea cucumbers, and sea urchins. In addition to the
aforementioned wild species, aquatic farms in the state also
produce oysters, littleneck clams, and geoducks.
1:59:17 PM
MS. ASPELUND highlighted the division's four core services:
harvest management, stock assessment and applied research,
aquaculture permitting, and information services and public
participation [slide 4]. Regarding harvest management, the
division controls the harvest of fisheries resources for
subsistence, commercial, and personal uses according to plans
and regulations and subject to Board of Fisheries allocations.
Regarding stock assessment and applied research, the division
maintains ongoing programs for the enumeration, assessment, and
understanding of the state's salmon, herring, groundfish, and
shellfish stocks. Aquaculture permitting is the process by
which the division permits, regulates, and provides technical
and planning services to aquatic farmers and to private non-
profit hatcheries throughout the state. Through its information
services and public participation efforts the division develops,
maintains, and disseminates data; provides analysis of the data;
and publishes reports for use by the public, staff, and policy
makers.
MS. ASPELUND elaborated that under the harvest management core
service, the division and the Board of Fisheries strive to
utilize the most rigorous science available to manage
sustainable fisheries, consistent with the policy for the
management of sustainable fisheries and the policy for statewide
escapement goals which are in regulation [slide 5]. The
division does this by supporting the Board of Fisheries in
establishing regulations and management plans, opening and
closing fishing areas, and setting fishing times, collecting
harvest and biological data, and writing annual management
reports that synthesize that information.
2:01:03 PM
MS. ASPELUND said the division employs two harvest management
components for commercial fisheries: in-season management and
applied science [slide 6]. In-season management vests the
division's on-the-grounds fisheries managers with the ability to
open and close fisheries based upon the most current scientific
information, the managers' professional judgments, and subject
to Board of Fisheries allocations. The applied science
component supports the fisheries managers to ensure that they
have the best information available with which to manage the
fisheries, and the division works closely with the Division of
Sport Fish on this element of management.
MS. ASPELUND noted that the fisheries managed by the Division of
Commercial Fisheries are very diverse [slides 7-8] and includes
such fisheries as the small boat fleet that fishes in Kuskokwim
Bay and delivering fish in Quinhagak and the large boat
[crabbers in the Bering Sea].
MS. ASPELUND pointed out that the stock assessment and applied
research program utilizes weirs, towers, sonar, and foot and
aerial surveys for salmon escapement enumeration [slide 9].
Other tools utilized in the program include those listed on the
slide: [juvenile salmon estimation, groundfish and shellfish
surveys, herring spawn deposition and hydro acoustic surveys,
aerial herring surveys, dive surveys, and biological, genetic,
and coded-wire tag sampling].
2:02:34 PM
MS. ASPELUND displayed pictorials demonstrating the work done by
the division. She explained that the upper left and right
photos [on slide 10] are the division's Ayakulik and Karluk
weirs, respectively, on Kodiak Island. The bottom left photo is
Frazer Fish Pass on Kodiak Island, which is now home to a
successfully introduced sockeye salmon run in a previously
barren lake. This run was introduced in the 1950s and is now
self-sustaining, providing an annual harvest of about 1 million
sockeye salmon. The upper left photo [on slide 11] depicts the
Bear River weir on the Alaska Peninsula, and the upper right
photo shows the PeterPan Seafoods cannery at Port Moller that
supports the division's Port Moller/Bristol Bay test fish boat
that provides information about the sockeye salmon run entry
into Bristol Bay. The lower left photo is of a technician
pulling a scale for aging and the photo on the right is a salmon
fingerling about to be tagged.
MS. ASPELUND, in response to several questions from Co-Chair
Seaton, said the tag would likely be a coded-wire tag that is
put into the fingerling's head. She deferred to other division
staff to provide further information in this regard.
2:04:27 PM
SCOTT KELLEY, Regional Supervisor, Division of Commercial
Fisheries, Alaska Department of Fish & Game (ADF&G), explained
that most juvenile salmon smolt are tagged with a coded-wire
about 1 millimeter long that is injected with a needle. In
response to further questions from Co-Chair Seaton, he explained
that at the same time the coded-wire tag is injected the fish's
adipose fin is cut off. Then, when the division's port samplers
and creel technicians see a salmon with a missing adipose fin,
the head of that fish is collected and shipped to the tag lab
where a magnetic detector locates the tag, which is subsequently
retrieved by lab technicians. The tag has a binary code that is
based on a lot. Northwest Marine Technology sells the tag lots
in various increments of 5,000 to 100,000 and each tag in that
lot has the same code.
2:06:12 PM
MS. ASPELUND returned to her presentation, noting that [slide
12] depicts some of the division's assessment activities on the
Yukon River. The upper left photo is of a test fishery and the
lower right photo is deployment of the sonar. The upper left
photo [on slide 13] is a department diver conducting a sea
cucumber transect to estimate abundance, the lower left photo is
of crew on a research vessel conducting a tanner crab survey in
Southeast Alaska to establish a guideline harvest level, and the
right photo is of a littleneck clam survey being conducted in
Prince William Sound. The upper left aerial photo [on slide 14]
shows herring spawn deposition on an island near Sitka. Aerial
surveys are flown to detect and calculate the miles of spawn
which show up as milky-colored areas. The right photo is of a
successful prawn pot pull. The lower center photo is of a small
octopus found while conducting division work.
MS. ASPELUND reviewed the division's core service of aquaculture
permitting [slide 15]. The division provides technical advice,
and permits salmon non-profit hatcheries, a shellfish hatchery
in Seward, and assists with the permitting of shellfish farms.
The state has 34 hatcheries, 1 shellfish hatchery, and numerous
shellfish farms.
2:07:58 PM
REPRESENTATIVE KAWASAKI noted that the Yukon River salmon run
has been tough over the past few years. He recalled that one of
the sonar devices for the studies was found to not work. He
asked for assurance that the necessary science is being done to
ensure sustainability of that fishery.
MS. ASPELUND replied that the division recognizes that there
were some issues with the sonar equipment and with the Pilot
Station sonar in particular in 2009. She deferred to division
staff serving in that area for further comment.
JOHN LINDERMAN, Arctic-Yukon-Kuskokwim Regional Supervisor,
Division of Commercial Fisheries, Alaska Department of Fish &
Game (ADF&G), regarding the Pilot Station sonar in 2009,
explained that the river had record high water levels and debris
load during much of June when the king salmon run was coming
through that area of the river. The sonar itself was working
properly, but those conditions reduced its ability to detect
fish at farther distances, which resulted in an underestimate.
Since that time, steps have been taken and the region is
currently doing feasibility work on a new technology called
side-scan sonar that shows a lot of promise, but some evaluation
of this technology still needs to be done. This side-scan sonar
may be able to see fish more clearly farther out in the main
channel of the river at Pilot Station and the hope is that it
can be integrated into the existing program so this will not
occur again.
2:10:45 PM
REPRESENTATIVE FOSTER inquired whether side-scan sonar was put
into service this last summer and, if so, did the initial tests
of the new system work.
MR. LINDERMAN confirmed that the side-scan sonar was operated
for about five weeks this past summer, focusing almost
exclusively on June when the king run was coming through and
when high water and heavy debris load conditions typically
occur. The side-scan sonar was successful, but this past year
the water was very low for that time of year. He noted that
this technology had never been used to count fish, especially in
a moving river system from a stationary deployment; its primary
uses are in search and rescue operations and in hyper-accurate
mapping of seafloors, river bottoms, and lake bottoms. However,
the results immediately showed that it was able to count fish,
even to the extent that the region conducted separate estimates
using the side-scan data versus the project's existing sonar
technologies to make comparisons. Unfortunately, without the
poor conditions of silt load, high water, and debris load, the
region was unable to evaluate whether the side-scan sonar will
address the issues that occurred in 2009. It is a matter of
waiting for those conditions to present themselves so it can be
tested and fully evaluated in those conditions. The region will
continue to do feasibility work into this coming season and as
long as necessary to determine the utility of this technology.
2:13:19 PM
MS. ASPELUND, turning back to her presentation, addressed the
division's core service of information services and public
information [slide 16]. The division's data systems provide a
variety of information including salmon forecasts, harvest
summaries, fish tickets, custom reports from the data bases, and
ex-vessel values and wholesale values for the staff, public, and
policy makers. Additionally, the division has two sets of
services that support all of the core services. The first is
laboratory services [slide 17], such as the coded wire tag
laboratory, which provides critical information that assists
managers. The second is data processing [slide 18]. The
division utilizes eight primary database systems to manage
fisheries and to provide information about them. The eLanding
electronic catch reporting system is an important and innovative
element of the division's data processing system. Some time ago
the federal government initiated a rationalized crab program,
which the division manages upon delegation from the federal
government. Under this very complicated system, individual
fishing quota crab deliveries are matched with an available
processor-held processor quota for a large portion of the
fisheries. It is the most complex data quota program that the
division manages and precise in-season and real-time tracking of
the accounts is necessary. The division expanded that real-time
accounting program into groundfish, and this last summer pilot
programs were undertaken for salmon. Being able to expand the
program into salmon, the largest fishery the division manages,
would result in real-time reporting of harvest data, would
reduce manual fish ticket entry which can take months for the
salmon fishery, and would improve the division's efficiency.
2:15:31 PM
MS. ASPELUND said that to accomplish its work the division is
organization into regions [slide 19]. The Southeast Fisheries
Management Region is located in Douglas and runs from Dixon
Entrance to Yakutat. The Central Fisheries Management Region is
located in Anchorage and covers Prince William Sound, Cook
Inlet, and Bristol Bay. The Arctic-Yukon-Kuskokwim (A-Y-K)
Fisheries Management Region is located in Anchorage and consists
of the Yukon and Kuskokwim rivers and Norton and Kotzebue
sounds. The Westward Fisheries Management Region is located in
Kodiak and is comprised of the Aleutian Islands, Kodiak, Alaska
Peninsula, and the Bering Sea region. The divisional
headquarters is located in Juneau.
MS. ASPELUND related that for Fiscal Year 2012 division
personnel consists of 314 permanent staff, 450 non-permanent and
seasonal staff, and 3 recently added interns, for a total of 767
positions. The division maintains 20 permanent offices, 84
seasonal offices and field camps, and 6 large research vessels.
2:16:57 PM
MS. ASPELUND moved to the division's missions and measures and
discussed the four targets that represent the division's current
highest priorities [slide 22]. The first mission is to maintain
the ex-vessel value of commercial harvest and mariculture
production at about $1 billion annually [slide 23]. Since 2001,
the division has met or exceeded the measure for this mission.
The second mission is to achieve salmon escapement goals in 80
percent of monitored stocks [slide 24]. The goals have been met
for coho and pink salmon, but the division has been challenged
in recent years for sockeye, chum, and chinook. A robust inter-
divisional approach is employed to develop scientifically
defensible escapement goals for roughly 290 salmon stocks
statewide, and the division has published a reference guide on
salmon escapement goals and performance. In response to Co-
Chair Seaton, she agreed to provide members with a copy of this
guide which was written by division staff Munro and Volk.
2:18:39 PM
CO-CHAIR SEATON inquired whether the division is still providing
reports on forgone harvests and the maximizing of resources.
MS. ASPELUND responded that she is unable to speak specifically
as to whether the division is updating the forgone harvest
report on an annual basis, but said she will check. She
explained that for many of the state's systems the escapement
goals have a lower range and an upper range and she believes
that [slide 24] reflects meeting that range. She noted that
there are some systems where there is only a minimum and that is
based on a lack of information.
ANDREW MUNRO, Fisheries Scientist, Division of Commercial
Fisheries, Alaska Department of Fish & Game (ADF&G), said he
believes that his calculations [for this presentation] were
based on whether the minimum goal was met.
CO-CHAIR SEATON surmised that an over-escapement would show as
meeting the escapement.
MR. MUNRO replied that that is correct for this presentation.
However, the Munro and Volk report breaks down whether the
escapement was under the goal, within the range, or over the
range of the escapement goal.
2:22:43 PM
MS. ASPELUND, relative to the species for which the goals have
not been achieved, said it is well known that chinook have
experienced decline throughout much of the state for any number
of reasons, some of which could be related to bycatch in other
fisheries, ocean conditions, and climate change. However, the
chinook decline is inconsistent statewide; for example, Chignik
on the south Alaska Peninsula has met its chinook salmon
escapement goals for the past 30 years. The broad-scale
declines likely point to issues that are not necessarily stock
or river specific, but reflect some larger influences that need
to be investigated further.
REPRESENTATIVE KAWASAKI asked whether the division is requesting
increments in its budget for studies to figure out the reason or
reasons for the chinook decline.
MS. ASPELUND answered that the division is involved in some of
those efforts. A fair amount of funding has been invested by
the federal government in answering some of those questions:
the Alaska Sustainable Salmon Fund is funding some of those
programs and the North Pacific Fishery Management Council is
conducting some genetic sampling programs in the Bering Sea
pollock fishery. The state has not sought specific funding to
answer those questions largely because while it would be nice to
know the answers, if it is an ocean issue there is not much the
division can do other than better understand what those
mechanisms are. Given constricted budgets and the efforts that
other agencies have put into that question, the division has not
felt it be a priority at this point.
2:25:15 PM
MS. ASPELUND, continuing her presentation, stated that sockeye
and chum salmon runs are naturally highly variable and trends
are inconsistent across the state [slide 24]. Where possible,
escapements are monitored while fisheries are actually going on.
Based on the in-season run projection, fishing effort can be
constrained and adjusted to ensure that adequate numbers of fish
reach the spawning grounds. In some cases, however, many of the
goals are basically post-season report cards because the
escapement projects are quite distance from the fisheries or the
species goal in question is not the target. For example, sonar
on the upper Yukon River at Eagle enumerates fish as they enter
Canada but the fisheries are prosecuted 1,000 miles away at the
mouth of the river. This is also an example of one of the
division's many challenges. The division might not make all of
the goals all of the time. Missing the goals occasionally is
not a threat to sustainability, but chronic inability to achieve
those goals would be a threat. Chronic inability is defined as
missing the escapement goal in four out of five years, the life
cycle for most salmon. When this occurs, additional restrictive
management measures are taken in-season when runs appear to be
weaker than anticipated and the department will recommend to the
Alaska Board of Fisheries that it consider a status of stock of
concern, which then sets in place more restrictive measures,
research plans, habitat analysis, and so forth to protect such
stocks and again achieve the escapement goals.
2:27:06 PM
REPRESENTATIVE KAWASAKI observed [from slide 24] that the
chinook escapement goal has been missed for three years and is
coming up on the fourth year. He asked whether that is
considered chronic and necessitates the division talking to the
Alaska Board of Fisheries about allocation issues or closures.
MS. ASPELUND replied that that is basically the status the
division is in right now for Yukon chinook salmon.
CO-CHAIR FEIGE inquired how far back the division's data goes.
MS. ASPELUND responded that it depends on the fisheries. For
some fisheries, such as heavily utilized commercial fisheries,
the division has data going back nearly 100 years. For others
it ranges depending on the fishery, so she cannot give a
specific answer. She offered to find out the information if the
co-chair has a specific fishery he would like to ask about.
2:27:58 PM
MS. ASPELUND, moving on with her presentation, explained that
the division's third mission and measures is to develop genetic
baselines for Alaskan chinook, chum, and sockeye salmon stocks
that will include 100 stocks in each baseline [slide 25]. Since
2008 the division has met or exceeded that measure. The Western
Alaska Salmon Stock Identification Program is a huge effort to
identify where stocks from the south Alaska Peninsula, north
Alaska Peninsula, Bristol Bay, Kuskokwim, and Yukon are going
and to develop the baseline for samples to be able to be taken
throughout the fisheries and then attribute those as they are
moving past different fisheries based on genetics.
CO-CHAIR FEIGE surmised that the division determines where fish
come from by going to the headwaters of the drainages and taking
DNA samples.
MS. ASPELUND answered yes, that work is the baseline and then
the sampling work is compared to that baseline.
2:29:15 PM
MS. ASPELUND, returning to her presentation, said the fourth
mission is that all aquatic farms will operate with current
permits, which the division is meeting [slide 26].
MS. ASPELUND noted that the division's Fiscal Year 2012 budget
request is for $66.159 million [slide 27]. Unrestricted general
funds are 65.4 percent of that request, designated general funds
are 5 percent, federal sources are 16.3 percent, and other
sources are 13 percent.
MS. ASPELUND closed her presentation by reviewing the economic
impact of the seafood industry on Alaska's economy. According
to a 2009 Northern Economics, Inc. report based on 2007 data,
the seafood industry generates over 78,000 jobs in seafood
harvesting, processing, and support industries, with over half
of those jobs held by Alaskans. Not as much revenue comes back
to Alaska residents as the division would like to see [$774.7
million in direct payments to labor with $237 million going to
Alaska residents]. Federal and state waters in Alaska generated
total sales of $3.6 billion and paid more taxes to the state
general fund than any other industry with the exception of oil
and gas. According to the National Marine Fisheries Service's
Commercial Landing Report, Alaska upheld its position as the
number one fishing state in the nation, harvesting more than 54
percent of all of the fish harvested in the U.S., which was up
32 percent from 2007, and accounts for 39 percent of the total
U.S. ex-vessel value.
2:31:09 PM
MS. ASPELUND reported that the ex-vessel value of Alaska's
salmon industry has increased from the late 1990s when it took a
hit from the onset of farmed fish [slide 29]. Salmon is the
most valuable commercial fishery managed by the state inside
state waters, with the preliminary ex-vessel value for 2010 at
over $533 million. In addition to the economic value of the
fisheries, the value of subsistence and personal use harvest is
inestimable in both cultural terms and food replacement costs.
REPRESENTATIVE MUNOZ asked whether the division tracks the
number of nonresident permit holders versus resident.
MS. ASPELUND replied that the Commercial Fisheries Entry
Commission has this information on its website.
2:32:49 PM
CO-CHAIR SEATON noted that the committee packet includes a
summary of the 2001-2009 Pacific salmon escapement goals. He
understood that radio frequency identification (RFID) tags were
put on fish in the Susitna drainage last year so that every time
the fish went through a weir they were registered on the
automatic screens. He asked whether this technique is being
used anywhere else.
MS. ASPELUND responded yes, the division uses radio tags in a
number of places around the state. She deferred to Jeff Wadle
to provide further details.
JEFF WADLE, Fishery Biologist, Division of Commercial Fisheries,
Alaska Department of Fish & Game (ADF&G), confirmed that RFID
tags are currently being used in the Susitna drainage and said
the division will be using them this coming year in the Nushagak
drainage for work on Nushagak chinook and sockeye salmon. In
further response, he confirmed that RFID tagging has proved an
effective technique. The fish do not have to be recaptured, so
they are handled only once. The stations pick up and identify
each fish as it passes through so the division can know when and
where that fish was captured and track its movements.
2:34:43 PM
CO-CHAIR SEATON understood that ADF&G developed a digital photo
and strobe light system for the scallop fishery that could be
towed at four knots to conduct sampling. He inquired whether
the division is still applying this assessment methodology and
whether it has been expanded to any other fisheries.
DOUG PENGILLY, Fishery Biologist, Division of Commercial
Fisheries, Alaska Department of Fish & Game (ADF&G), confirmed
that the aforementioned was developed primarily for scallop
stock assessment. The division used it a couple of years ago in
the Bering Sea to address some issues pertaining to the snow
crab fishery. There is currently a proposal to use this
methodology in conjunction with other devices for habitat
mapping to get a better idea of the habitat that is being
surveyed with the Westward Region's trawl survey.
2:37:27 PM
REPRESENTATIVE KAWASAKI noted that the pollock fishery's bycatch
this year was triple the historical average. He understood it
is a federal issue, but asked whether the department will be
intervening or participating in any discussions in this regard.
MS. ASPELUND answered that ADF&G sits in the state seat on the
North Pacific Fishery Management Council. The council has taken
this issue very seriously and last year passed a chinook bycatch
restriction program. The state led the effort on bycatch
reduction in the Bering Sea. A Bering Sea chum salmon bycatch
reduction program is now being entered into and a chinook
bycatch reduction program in the Gulf of Alaska is also being
fast tracked because of the record high harvests there. She
offered to provide members with a briefing paper.
REPRESENTATIVE KAWASAKI said he would like to receive the paper.
2:39:31 PM
REPRESENTATIVE P. WILSON inquired whether the fishing taxes paid
to the state are mostly returned to the fishing industry.
MS. ASPELUND replied that not all of it is. She and Geron Bruce
are in the process of updating data from 2001. She has been
amazed at how many different tax sources there are in the
fishing industry. She said that for either the business tax or
landing tax - she is unsure which one - the legislature makes
the choice to turn 50 percent back to the local governments in
closest proximity to the fisheries. She said she will provide
that information to members once the information has been
completely put together.
^OVERVIEW: Department of Public Safety - Alaska Fisheries
Enforcement Issues
OVERVIEW: Department of Public Safety - Alaska Fisheries
Enforcement Issues
2:40:34 PM
CO-CHAIR SEATON announced that the next order of business is an
overview from the Department of Public Safety about Alaska
fisheries enforcement issues.
2:41:52 PM
STEVE HALL, Lieutenant, Division of Alaska Wildlife Troopers,
Department of Public Safety (DPS), encouraged members to first
review the slide entitled "Fisheries Enforcement," which states
[original punctuation provided]:
Fisheries enforcement is often described as the third
leg that supports the three-legged stool of fisheries
management. While a great deal of attention is paid
to the legs of science and policy, enforcement is
often lost in those discussions. The complexity of
fisheries enforcement requires applying the
intricacies of a vast array of regulations, providing
a presence to deter and apprehend violators, and
cooperatively litigating the cases within the court
system. Enforcement also requires a great deal of
public relations building in order to help deter and
avoid violations. Sport, commercial, and subsistence
fisheries in Alaska are a mix of overlapping (and
sometimes conflicting) state and federal jurisdictions
and regulations. Commercial fisheries add additional
significant levels of complexity in that international
relations, regulations, and treaties all play roles in
developing enforcement goals, policies, and on-the-
water strategies. In fact, the international
complexities even extend to some Alaskan sport
fisheries (halibut, for example), which are
cooperatively state and federally enforced but
ultimately regulated pursuant to an international
treaty. This session will provide an overview of
Alaska fisheries enforcement with the objective of
providing a better understanding of how fisheries
enforcement along with policy and scientific research
support that three-legged stool of fisheries
management.
GARY FOLGER, Colonel, Director, Central Office, Division of
Alaska Wildlife Troopers, Department of Public Safety (DPS),
noted that this description explains the essence of what the
troopers do and where they are coming from. He credited the
U.S. Coast Guard with authoring this statement.
2:43:46 PM
LIEUTENANT HALL stated that the mission of the Division of
Alaska Wildlife Troopers (AWT) is to protect Alaska's natural
resources through wildlife enforcement. Through education,
presence, and enforcement action the division is committed to
the following: statewide patrol of commercial big game services,
statewide commercial fisheries, statewide sport fish and sport
fish guiding, statewide game and trapping, and safeguarding
habitat. He explained that the Alaska Wildlife Troopers is a
division within the Department of Public Safety (DPS). The
division has 173 authorized employees of which 97 are
commissioned positions. Five trooper positions are currently
vacant, and there are 40 civilian employees and 36 public safety
technicians.
LIEUTENANT HALL, in response to Co-Chair Seaton, confirmed that
there are two divisions with the Department of Public Safety.
He explained that troopers wear a blue uniform for more formal
occasions and in the field troopers wear a uniform that has a
brown shirt and blue pants.
2:45:30 PM
LIEUTENANT HALL, returning to his presentation, noted that the
division partially funds two outside positions - a special
wildlife prosecutor and a liaison person with the Alaska
Department of Fish & Game (ADF&G) whose primary work is to
represent the interests of AWT at the Alaska Board of Fisheries.
For the past several years AWT has employed a part-time criminal
justice person to represent AWT's interest at the Alaska Board
of Game and at the Big Game Commercial Services Board. The
division is divided into five detachments, each headed by a
lieutenant. The A Detachment covers Southeast Alaska and is
headquartered in Juneau; B Detachment covers Southcentral Alaska
and is headquartered in Palmer; C Detachment covers Southwest
Alaska and is headquartered in Kodiak; D Detachment covers the
interior, northern, and western regions, and is headquartered in
Fairbanks; and E Detachment covers the Kenai Peninsula and
Prince William Sound and is headquartered in Soldotna.
Including the headquarters for each detachment, there are 37
posts strategically located throughout Alaska.
2:47:18 PM
LIEUTENANT HALL said that historically AWT has not been grant
funded, rather it is funded through the general fund, which is
in contrast to the Division of Alaska State Troopers (AST) that
receives some federal funding. This is by design because there
are a lot of competing state agencies, such as ADF&G, that
derive a major portion of their operating and capital budgets
from grant-based funds such as the Pittman-Robertson Act.
LIEUTENANT HALL pointed out that there are some exceptions to
federal funding, the major one being the Department of Commerce,
Community & Economic Development which oversees the National
Oceanic and Atmospheric Administration and the National Marine
Fisheries Service. In the last five years the face of
groundfish and shellfish fisheries has gone from a free-for-all
type of fishery to one of quotas. The AWT has entered into a
joint enforcement agreement which pays for personnel, equipment,
and air hours. The money provided varies from agreement to
agreement, but is in the neighborhood of $1.3 million a year.
The reasoning behind this agreement is that the National Marine
Fisheries Service does not have boots on the ground like AWT;
thus, AWT provides a valuable frontline defense against abuses
in the federal fisheries. Joint Enforcement Agreement (JEA)
funding is often competitive with other states. Other
exceptions to federal funding are the U.S. Forest Service
contracts for patrols on national forest lands, as well as Click
It or Ticket funding and DWI overtime that is primarily managed
by AST.
2:48:58 PM
LIEUTENANT HALL explained the four budgetary components within
the Division of Alaska Wildlife Troopers. The first component
is the director's office located in Anchorage headquarters that
is staffed by the colonel, a major, a captain, and a lieutenant.
The second component is the patrol and wildlife investigations
unit. The wildlife investigations unit works major wildlife
crimes and conducts covert operations; it is overseen by the
headquarters lieutenant, is supervised by its sergeant, and has
six commissioned personnel including the sergeant. The third
component is the marine section, which falls under AWT but which
supports the entire department. Within the marine section are
101 marine vessels ranging in size from rafts to 156-foot
vessels. Of these vessels, 18 are budgeted for individually,
whereas the smaller class vessels are funded by each detachment.
All of AWT's major class vessels are in good shape. The fourth
component, the aircraft section with approximately 42 aircraft,
is located within AWT, but supports the entire department. The
aircraft section recently took over possession of a new hanger
at Lake Hood.
2:51:48 PM
LIEUTENANT HALL said the authority and statutory mission for the
Division of Alaska Wildlife Troopers is to protect the state's
resources. Additionally, AWT is a sister agency to the Alaska
State Troopers, with both agencies often assisting each other.
The goals are to hold the division to the highest standard. The
division's biggest asset is the public, who is often AWT's eyes
and ears in Alaska's outdoors. Many of AWT's cases are
generated by the very participants in resource use.
LIEUTENANT HALL stated that AWT conducts its patrols by
partnering with various agencies, primarily the Alaska
Department of Fish & Game. Priorities are established for any
given area, and then program plans are established and
implemented. At the conclusion of many of these program plans
an after-action report is done. There are routine patrols
throughout some fisheries, such as Bristol Bay, dip netting at
Chitina, and the Kenai. Because there is not enough staff, AWT
often ships personnel from one region to another each year to
target areas for extra enforcement efforts. The highest
priority is given to places that have a biological concern
expressed by ADF&G.
2:53:58 PM
REPRESENTATIVE MUNOZ asked whether AWT's boarding of a vessel is
usually a reaction to a complaint or a routine activity.
LIEUTENANT HALL replied that both cases would apply. The AWT
conducts many routine checks to determine compliance with
regulations as well as contacts if there has been a complaint.
REPRESENTATIVE MUNOZ related that charter businesses in her
community have felt targeted and have experienced numerous
checks in a short period of time when there was no evidence of
violations during those checks.
LIEUTENANT HALL responded that for boardings of commercial
fishing vessels, AWT tries to keep track and not re-board a
vessel soon after, but that is not necessarily the case with
sport fish guides because the people on board change every day.
So, a sport fish guide might be checked multiple times in a week
to verify that people are properly licensed and limits are being
adhered to. In further response, he confirmed that AWT is
cognizant of the delay caused to these individuals and it tries
to accomplish those checks in as short a time as possible. If a
person is actively bringing in a fish, the AWT tries not to
interrupt at that time.
2:56:39 PM
REPRESENTATIVE KAWASAKI noted that the Alaska Board of Game will
soon be bringing up Proposal 220 which was proposed by the
Division of Alaska Wildlife Troopers. The proposal deals with
authority to inspect taxidermy businesses. He asked why it is
necessary to enter taxidermy businesses to see whether they are
complying with the law.
COLONEL FOLGER replied that those same circumstances exist in
commercial fishing - inspecting fish plants - and with that in
mind is the reason for extending that to taxidermists. For most
part, AWT is invited into those places, but there is an occasion
where AWT is excluded. This would give AWT some legal authority
to stand on short of a search warrant.
REPRESENTATIVE KAWASAKI said he does not see the benefit of this
proposal, given how few taxidermists there are in the state. He
was alerted to this proposal by a taxidermist in Fairbanks and
he is further aware that taxidermists running legal businesses
in the state are upset with this proposal.
COLONEL FOLGER responded that he knows Representative Kawasaki's
constituent well and he is a good man.
2:59:09 PM
CO-CHAIR SEATON, regarding the Kenai River personal use fishery,
noted that it is illegal to ship those fish out of state since
personal use fisheries are for the personal use of the person
catching the fish. He understood that FedEx ships about 5,000
pounds of fish a day out of the Kenai airport but when the
personal use fishery begins that increases to about 50,000
pounds per day. He inquired why the Department of Public Safety
has not cooperated in following up on this given that it is a
Lacey Act violation to knowingly ship fish that have been caught
illegally or being used illegally.
COLONEL FOLGER explained that the dilemma is regarding at what
point fish or game belongs to the taker. For example, if a
person takes a fish out of the freezer and gives it to a
neighbor, would there need to be a transfer of possession form?
The AWT pretty much has to stop at the point of when a fisheries
product has reached either preservation or processing. An
investigation would probably be triggered if AWT gets complaints
or has suspicion that some of the take or product itself may be
illegal.
3:02:13 PM
CO-CHAIR SEATON noted that the regulation and law say that a
personal-use fish is not allowed to be transferred. He asked
whether the Department of Public Safety has determined to ignore
that control so that a person can do anything he or she wants
with a fish once it is frozen.
COLONEL FOLGER answered no; if that was occurring the department
would be glad to look into it. He has always prided his
division on not taking sides.
CO-CHAIR SEATON said it is frustrating that the Department of
Public Safety has said that the personal use fishery is an
allocation issue so it is not going to enforce the law. He
inquired whether AWT is enforcing the law or has decided it is
an allocation issue. He requested Colonel Folger to talk to the
attorney general and get back to the committee regarding whether
this regulation will be enforced.
3:04:44 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 3:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2011 DCF Overview.pdf |
HRES 2/2/2011 1:00:00 PM |
|
| Sport Fish Division Overview Handout.pdf |
HRES 2/2/2011 1:00:00 PM |
|
| AWT Fisheries Enforcement II.ppt |
HRES 2/2/2011 1:00:00 PM |