Legislature(2011 - 2012)BARNES 124
02/22/2012 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| Big Game Commercial Services Board | |
| Board of Game | |
| Fishermen's Fund Advisory and Appeals Council | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
February 22, 2012
1:19 p.m.
MEMBERS PRESENT
Representative Eric Feige, Co-Chair
Representative Paul Seaton, Co-Chair
Representative Alan Dick
Representative Bob Herron
Representative Scott Kawasaki
MEMBERS ABSENT
Representative Peggy Wilson, Vice Chair
Representative Neal Foster
Representative Cathy Engstrom Munoz
Representative Berta Gardner
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Big Game Commercial Services Board
Michele Metz - Douglas
Brenda Rebne - Anchorage
- HEARD
Board of Game
Lynn Keogh, Jr. - Anchorage
- HEARD
Fishermen's Fund Advisory and Appeals Council
Clay Bezenek - Ketchikan
James Herbert - Seward
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
MICHELE METZ, Appointee
Lands Manager, Sealaska Corporation
Douglas, Alaska
POSITION STATEMENT: Testified as appointee to the Big Game
Commercial Services Board (BGCSB).
BRENDA REBNE, Appointee
Anchorage, Alaska
POSITION STATEMENT: Testified as nominee for reappointment to
the Big Game Commercial Services Board (BGCSB).
LYNN KEOGH JR, Appointee
Anchorage, Alaska
POSITION STATEMENT: Testified as an appointee to the Board of
Game.
JENNY PURSELL
Juneau, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
of Mr. Keogh to the Board of Game.
ROD ARNO, Executive Director
Alaska Outdoor Council (AOC)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Mr. Keogh as
nominee to the Board of Game.
VALERIE CONNOR, Conservation Director
Alaska Center for the Environment (ACE)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the nominee,
Lynn Keogh, to the Board of Game.
AL BARRETT
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of Mr. Keogh as
nominee to the Board of Game.
TERESA SAGER ALBAUGH
Tok, Alaska
POSITION STATEMENT: Testified in support of Mr. Keogh as
nominee to the Board of Game.
CLAY BEZENEK, Appointee
Ketchikan, Alaska
POSITION STATEMENT: Testified as nominee for reappointment to
the Fishermen's Fund Advisory and Appeals Council (FFAAC).
JAMES HERBERT, Appointee
Seward, Alaska
POSITION STATEMENT: Testified as nominee for reappointment to
the Fishermen's Fund Advisory and Appeals Council (FFAAC).
JERRY MCCUNE
Juneau, Alaska
POSITION STATEMENT: Testified in support of the two appointees
to the Fishermen's Fund Advisory and Appeals Council.
ACTION NARRATIVE
1:19:21 PM
CO-CHAIR PAUL SEATON called the House Resources Standing
Committee meeting to order at 1:19 p.m. Representatives Herron,
Dick, Kawasaki, Feige, and Seaton were present at the call to
order.
^CONFIRMATION HEARING(S):
^Big Game Commercial Services Board
CONFIRMATION HEARINGS:
Big Game Commercial Services Board
1:19:44 PM
CO-CHAIR SEATON announced that the only order of business would
be confirmation hearings for the Big Game Commercial Services
Board, Board of Game, and Fisheries Fund Advisory Council. He
noted that due to a large number of committee members being
absent, he would delay the moving forward of the names of the
appointees. He began with the Big Game Commercial Services
Board (BGCSB), requesting appointee Michele Metz to state her
background and why she would like to be on the board.
1:20:42 PM
MICHELE METZ, Appointee, Lands Manager, Sealaska Corporation,
stated that she is seeking to fill one of the private landowner
seats on the Big Game Commercial Services Board, which would be
Sealaska Corporation. She explained that big game guiding has
informally occurred on Sealaska lands through leases since 1992.
Recently, Sealaska revisited this issue and Sealaska considers
the leasing as a good employment for shareholders. She said
that being involved on the board would be a good education for
her and the corporation and she could be a good servant for the
public.
1:21:56 PM
REPRESENTATIVE KAWASAKI inquired whether Ms. Metz was asked to
serve on the board and what made her be interested in serving on
the board.
MS. METZ answered that she became aware of the board through her
position at Sealaska Corporation. She indicated that Sealaska
leadership has expressed interest in learning more about the
guiding. Thus, Sealaska had several meetings with the Alaska
Department of Fish & Game (ADF&G), the U.S. Forest Service, and
the Big Game Commercial Services Board (BGCSB). Additionally,
she has held conversations with the Department of Commerce,
Community & Economic Development (DCCED), and through this
process she was asked to serve; however she was not asked to
complete an application form.
1:23:39 PM
CO-CHAIR SEATON, on Representative Kawasaki's behalf, offered to
ask Ms. Metz a few questions that normally are answered by
applicants when they fill out the application form. He then
asked whether she was a registered voter.
MS. METZ answered yes.
CO-CHAIR SEATON asked whether Ms. Metz has been convicted of a
misdemeanor within the last five years or a felony within the
last ten years.
MS. METZ answered no, she has not been convicted of either.
CO-CHAIR SEATON asked whether Ms. Metz was willing to provide
full disclosure of personal financial data under AS 39.50.010 if
she is required to do so to serve on the board or commission.
MS. METZ answered yes.
CO-CHAIR SEATON asked if Ms. Metz or anyone in her family would
be affected financially by any decisions made by the board or
commission she is applying to serve on.
MS. METZ answered no, she or her family would not have any
personal benefit or gain by decisions she would make as a board
member.
REPRESENTATIVE KAWASAKI commented that the committee has a copy
of Ms. Metz's resume, which lists her certifications, licensure,
and education. He noted that the board application form asks
further questions, but said he thought her resume covered them.
1:25:05 PM
REPRESENTATIVE HERRON recalled that Ms. Metz's reason to serve
and to fill one of the seats is to protect the interests of
large landholders like Sealaska. He said her reasons seemed
obligatory in order to protect her employer's interests and that
her skill sets related to her job will help make the BGCSB
understand the interests of large landowners such as Calista and
Sealaska.
MS. METZ offered her belief that this reason represents one
component of service on the BGCSB. She acknowledged that while
each corporation is different they all face some of the same
issues, such as balancing big game with subsistence use,
managing for trespass, and to ensure the people using the land
will follow the laws and regulations of the state and federal
government.
REPRESENTATIVE HERRON pointed out that many people seem to think
Ms. Metz's skills are superior to keep and perform her current
job. He said it appears to him that serving on the board is one
of the chores she must perform as part of her job. He inquired
as to whether she has any other reason to want to serve on the
Big Game Commercial Services Board (BGCSB).
MS. METZ answered she spends a lot of her time volunteering in
different capacities as noted on her resume. She said she
believes in giving back to her community and serving on the
board is one way she could fulfill that role.
1:27:56 PM
CO-CHAIR SEATON asked whether service on the BGCSB is a
requirement for her job as land manager at Sealaska or if it is
her personal desire.
MS. METZ answered that serving on the board is a personal
desire. She said her supervisor and upper management support
her seeking this position, but they did not ask her to do so.
1:28:39 PM
CO-CHAIR FEIGE asked Ms. Metz to describe the nature of her
duties at Sealaska with respect to natural resources.
MS. METZ answered that she has been with Sealaska since 2002 and
was initially hired in Sealaska' s Natural Resources Department
as an administrative assistant. She was promoted after a year
but performed her duties under close supervision, which included
managing land entry agreements, lease agreements, trespass, land
records such as conveyance documents, and working with the
geographic information system (GIS) manager on mapping the
easements and rock pits. Additionally, she managed 83
historical sites. After approximately four years she was
promoted to the lands manager position, and although the duties
are the same, she has less supervision and more authority and
responsibilities.
1:30:18 PM
CO-CHAIR FEIGE suggested that the BGCSB would not have much to
do with managing the lands directly, but one of the issues that
the board will be seeing is that of the guiders. He related his
understanding that DNR plans to unveil a program that would
essentially parcel out the various areas of the state for guides
to operate. He characterized this as essentially creating a
concession for a specific time period. He asked for her opinion
of the proposed DNR program in terms of managing the big game
natural resources.
MS. METZ said she was unsure since she did not have enough
information on this issue to form an opinion. She pointed out
that she saw the notice and has a basic understanding of the
guide use areas managed on federal lands. She indicated that if
the state were to manage guide use areas in the same way, she
does not yet have enough information to form an opinion.
1:31:53 PM
CO-CHAIR SEATON offered his belief that Ms. Metz has a good
background to fill the seat representing private landowners on
the BGCSB. He explained that the nominees will be brought up at
a future meeting to move the names forward. He appreciated Ms.
Metz's testimony and suggested that she may wish to participate
telephonically at a subsequent hearing.
CO-CHAIR SEATON closed public testimony on Ms. Metz's
appointment to the BGCSB after ascertaining that no one wished
to testify.
1:33:21 PM
CO-CHAIR SEATON requested that the next appointee to the Big
Game Commercial Services Board, Brenda Rebne, state why she
would like to serve on the board and whether she would be
filling a specific seat.
1:33:56 PM
BRENDA REBNE, Member, Big Game Commercial Services Board
(BGCSB), said she has served for three years on the Big Game
Commercial Services Board (BGCSB). In response to Co-Chair
Seaton about why she is seeking reappointment to the board, she
said she has been pleasantly surprised with the interactions of
the board with respect to the guiding industry. She explained
that she came to the board with a strong subsistence background,
which has continued to be the case. She has found that her
participation on the board has given her a much deeper
understanding of the big game guide-outfitter industry. She has
found that subsistence use and the guide-outfitter industry have
much more in common than not, particularly in terms of
protecting the harvestable game resources. She reported that
this aspect, protection of game resources, is as important to
the industry as it is to subsistence users. She offered her
belief that her service on the board has fostered a better
understanding and relationship between the two user groups.
1:35:41 PM
MS. REBNE related that she is a tribal member of the [Ahtna
Native Regional Corporation], and Ahtna, Inc. has had extensive
opportunities to deal with trespassing, which has not been
limited to guides or transporters. She offered her belief that
guides have a vested interest in protecting the lands they work
and operate on and she finds the relationship interesting. She
said she would like to continue to serve on the BGCSB. She
pointed out that she is still in the process of learning because
the guide-outfitter industry is very complicated and the
regulations continue to change. She suggested that the BGCSB
needs more authority to make more effective changes. She
reported that the board interacts very well together and is
composed of a member from Board of Game, a public member, and
members from the guide-outfitters, transporters, and private
landholders. She characterized her experience in serving on the
BGCSB as very positive.
1:36:25 PM
CO-CHAIR FEIGE asked Ms. Rebne whether she was familiar with the
proposed DNR program to establish guide-outfitter concession
areas across the state and if she thought the proposed program
would benefit the state.
MS. REBNE answered she was familiar with the proposed DNR
program since the BGCSB has been participating in that effort.
She said in her opinion it is a good idea. She pointed out that
she also sits on the Alaska Federation of Natives (AFN) and has
asked AFN members to comment by region on the proposal. She
has not yet formed a formal opinion on the issue since the DNR
program will directly impact the guides. She has been listening
to the guides to identify and understand their concerns related
to the specific criteria. A concern from the perspective of
rural communities is that the fee criteria for the concessions
do not provide any protection for rural communities, such as
giving the rural communities additional points. She stressed
that while it may not be her place to do so, she will still
promote that concept. She emphasized that in instances in which
the number of people operating in the industry are limited,
rural Alaskans need to have employment opportunities and she
would want to promote that aspect.
1:38:58 PM
CO-CHAIR FEIGE asked whether the proposed DNR program would
benefit rural areas of Alaska as well as management of the
resources.
MS. REBNE said she couldn't specifically agree to the statement.
In instances in which the program will set limits on the number
of operators in an area, she strongly supports that
opportunities must first be given to local residents or local
guides in the industry. She emphasized she has a strong opinion
with respect to local residents having opportunities. She
reiterated that whenever harvests are limited in any area it
will benefit the [game] population, but the proposed DNR
proposal does not necessarily address the opportunities for
transporters and others in the industry to still harvest those
animals. She assessed the DNR proposal as moving in the right
direction, but not really going far enough to offer protections
for the game resources.
1:40:16 PM
CO-CHAIR SEATON asked whether Ms. Rebne's seat on the BGCSB is a
designated seat.
MS. REBNE answered yes, she holds one of the large private
landholder seats on the BGCSB.
CO-CHAIR SEATON offered his appreciation of Ms. Rebne's
testimony and reiterated that the committee will take up these
nominations at a future meeting.
^Board of Game
Board of Game
1:41:43 PM
CO-CHAIR SEATON moved to the confirmation hearing of Lynn Keogh,
Jr., appointee to the Board of Game. He requested Mr. Keogh to
state why he would like to serve on the board and to provide his
background and qualifications.
LYNN KEOGH JR, Appointee, stated that he was born and raised in
Anchorage and has owned and operated a fishing guide service
with his wife for the last 26 years. He said he is also a
registered hunting guide and traps full-time during the winter.
He said his diverse experience makes him a good candidate for
the Board of Game because he has traveled throughout the state
in his fishing, guiding, and trapping activities, and this basic
knowledge will be an asset to the Board of Game.
CO-CHAIR SEATON asked for confirmation that Mr. Keogh has a U.S.
Coast Guard license is current.
MR. KEOGH answered yes, he has held the captain's license for
the past 25 years.
1:42:59 PM
REPRESENTATIVE HERRON understood that the governor appointed Mr.
Keogh to the Board of Game approximately eight months ago. He
asked Mr. Keogh to state why he would like to continue serving
on the board.
MR. KEOGH answered that he enjoys the process. He served
several years on the Anchorage Fish and Game Advisory Committee.
He related that he has submitted proposals to the Board of Game
and has also testified on behalf of the board. He offered his
belief that this process is the greatest process of any state in
the nation, as well as the most public process [in the nation].
He said his experiences in various areas of the state lead him
to believe he will be an asset to the Board of Game.
1:43:56 PM
REPRESENTATIVE HERRON said he has not met Mr. Keogh and has no
bias; however, in terms of full disclosure, he reported that he
is one of several legislators who have received e-mails from
concerned citizens about Mr. Keogh's appointment, specifically
pointing to some court cases. He asked Mr. Keogh to elaborate.
MR. KEOGH responded that he experienced "a hiccup" in his
business in early 2000 when [the terrorist attacks of September
11, 2001] happened. Thinking that the attacks would not affect
his business he purchased new equipment, including a truck and
boat, but the next season he suffered about a 50 percent
reduction in business. He acknowledged that his debt load was
"pretty tight" and said he and his wife struggled for several
years and could have gone bankrupt. Instead, they buckled down,
downsized, and today their business is healthier than it has
been in years. He added that while he and his wife were able to
"pull it back out," there were definitely some "hiccups." He
commented the experience is not something he would like to
repeat.
1:45:54 PM
CO-CHAIR SEATON asked whether the court records were all
financial dealings related to Mr. Keogh's business. He further
asked whether Mr. Keogh has any misdemeanors or violations of
law.
MR. KEOGH said he has not looked at the court listing. He
summarized his prior court history. He explained that he has
had some moving violations, which were tickets. He related that
his business is a sole proprietorship so the court cases were
directed at his business related expenses. He also sold a boat
to a person who came back four months later identifying problems
with the boat. He did not believe the boat problems existed at
the time he sold the boat. Therefore, the case went to small
claims court where the matter was resolved. He couldn't
specifically recall, but he thought that he paid approximately
$380 or $390 to settle the matter.
CO-CHAIR SEATON referred to page two of Mr. Keogh's application
and observed that Mr. Keogh answered no to the question about
having ever been convicted of a misdemeanor within the past five
years or a felony within the past 10 years. He asked whether
that answer is correct.
MR. KEOGH answered yes.
1:48:04 PM
REPRESENTATIVE KAWASAKI pointed out that some court cases have
been identified for committee members to review and these cases
were derived by searching CourtView, which is the Alaska Court
System's searchable online database of trial court cases. He
offered that he even typed in his own name which brought up a
speeding ticket in 1996 and operating a motor vehicle without
having his driver's license on his person in 1993. He referred
to Mr. Keogh's CourtView as part of the process to determine his
qualifications to serve. He clarified that these cases are not
felony or misdemeanor cases but are relevant cases. He then
referred to a charge on July 27, 2004, which is listed in
CourtView as Commercial Fish Permit Stip and pertains to
commercial activity without a proper permit. A second charge on
July 27, 2004, specifically pertains to using an outboard motor
in the Kenai River Special Management Area, which again was a
violation. He said he further researched the cases and the
first one related to conducting commercial activity without the
proper permit. He pointed out an additional charge for similar
activity occurred in 1995, listed in Court View as Violate
Commercial Guide, which pertains to violating commercial
guiding. He acknowledged these cases were not misdemeanors or
felonies, however the three cases seem to document someone who
violates laws. He asked Mr. Keogh to address the three cases.
1:50:22 PM
MR. KEOGH, responding in regard to the 2004 court cases,
explained that he had purchased a motor in 1999 at a local shop,
and that shop also installed the motor on his boat. He recalled
that the motor had the proper 35 horsepower (hp) sticker on it,
although he never examined the motor. He periodically changed
the oil on the outboard motor and checked to see that the lower
unit moved. He related that he was not checked by enforcement
until the summer of 2004 when the [Alaska State Park] performed
routine checks. The throttle cams on the motors were different
for the 35 hp and the 50 hp cam. He remarked that the 50 hp cam
was still installed on the motor; however, he did not change the
cam. He said he "bit the bullet" and paid the price for that
violation. He asserted that he would dispute that he violates
regulations. He emphasized that he has worked hard to obtain
his licenses and qualifications and he does not take them
lightly. He said, "Therefore, I don't believe that I would
willingly or knowingly violate any law."
1:52:00 PM
REPRESENTATIVE KAWASAKI noted the disposition of the cases
indicates the cases were closed. He asked whether Mr. Keogh
disputed any of the cases. He pointed out a fourth case in 2009
related to a failure to pay a boat launch fee.
MR. KEOGH confirmed he received a ticket in 2009. He understood
it was his responsibility to know the regulations in effect, but
said the regulations change each year. In the past if a person
had a commercial operator's permit it also qualified the
operator to launch his/her boat from the state park. This
provision changed so that a commercial operator's permit no
longer authorizes an operator to launch boats without paying for
the boat launch fee. He said he knew that was true for some
areas, but got confused as to which ones it applied to; so he
launched his boat posting his commercial operator's permit in
his truck. Once he discovered the ticket he went immediately to
the [Alaska] state park office to point out that his operator's
permit was affixed to the truck. It was then that he learned an
operator's permit no longer covered boat launch fees, which were
now separate fees. He characterized the circumstance of this
case as more of a miscommunication rather than a willing
violation.
1:53:32 PM
REPRESENTATIVE KAWASAKI noted that members of the Board of Game
are in charge of writing and revising regulations and that the
enforcement is performed by law enforcement officials. He next
referred to the conflict of interest question on the board
application form. He read, "Could you or any member of your
family be affected financially by decisions made by the board or
commission?" He asked whether Mr. Keogh had answered no to this
question.
MR. KEOGH confirmed he answered no.
REPRESENTATIVE KAWASAKI asked whether Mr. Keogh's answer to the
question is still no for his testimony today.
MR. KEOGH responded that he is a registered guide, but he does
not contract hunts. He offered his belief that the only time he
would have a conflict of interest would be if the Board of Game
was discussing a proposal that would benefit him. He said that
even though he works under a guide and does not contract any
hunts he would probably abstain from such a vote. He said he
does not believe there would be any conflict of interest.
REPRESENTATIVE KAWASAKI pointed out that most other applicants
for the Board of Game who have had some type of guiding service
or fishing service have always answered yes to that question.
MR. KEOGH reiterated that he does not contract any big game
hunts, but subcontracts with other guides. He said if he
contracted for big game hunts he would have answered
differently; however, since he does not do so he did not see
there would be a conflict of interest.
1:55:45 PM
CO-CHAIR SEATON asked Mr. Keogh how long he has been serving on
the Board of Game.
MR. KEOGH answered that he participated in the past two Board of
Game meetings, specifically the November [2011] and January
[2012] meetings.
1:55:57 PM
CO-CHAIR SEATON referred to Game Management Unit 15 C and the
aerial wolf hunting on the lower Kenai Peninsula. He asked for
the rationale used with respect to the bull and cow ratio and
the overall game population. He asked whether Mr. Keogh had
specific information that wolves had been selectively preying on
bull moose. He referred to comments committee members have
received with respect to the habitat conflict between moose and
the exploding snowshoe hare population, which has decimated the
willow habitat and other forage on the lower Kenai Peninsula.
1:57:33 PM
MR. KEOGH allowed he would not specifically say that wolf
predation was selectively preying on the bull moose. He pointed
out the presence of a very low calf survival rate. Thus a
segment of the moose population is now missing, he stated. He
did not believe any scientific data correlates the cyclical
cycle of the snowshoe hare on moose browse. He restated he was
not aware of any scientific findings to support that point. He
held discussions with numerous people from the Kenai, and
longtime residents in particular reported a consistent decline
in the moose population in the area. He acknowledged habitat
concerns probably exist; however, while he did not think the
habitat could support prior moose population figures, he
definitely thought the habitat could support more than the
current population. He reported evidence that some browse is
completely untouched, which supports his view that the moose
population could be increased. He said the immediate concern is
to solve the calf survival problem and explained that the
[board's] strategy is to give the moose a little break during
the winter. He acknowledged that other factors exist, such as
increasing brown bear populations, and related that local
residents are complaining that more bears are present than have
ever been seen in the area. The Board [of Game] addressed this
by creating a registration hunt. He clarified that several
different avenues to address the issue are being pursued, but to
give the moose a little reprieve and try to increase the calf
survival rate is the first order of business.
1:59:35 PM
CO-CHAIR SEATON inquired as to whether Mr. Keogh considered the
science and testimony that was given by the Alaska Department of
Fish & Game (ADF&G), which identified the problems as a bull to
cow ratio, barren cows, and habitat concerns. He further asked
whether Mr. Keogh did not find the department's testimony as
credible.
MR. KEOGH responded that he did find the ADF&G's testimony
credible, but at the same time the board heard substantial
testimony. Additionally, he talked to people on the Kenai
Peninsula who have lived in the area for 50 years and who spend
a lot of time in the field. He emphasized that he weighed all
of the testimony. He recognized that some habitat concerns
exist, but reiterated his belief that the current habitat could
support more moose and said he thinks the science will show that
to be true. He emphasized, however, that he did not think the
habitat could support the earlier moose population.
2:00:55 PM
REPRESENTATIVE KAWASAKI pointed out that Mr. Keogh is a member
of a Fish and Game Advisory Committee (AC). He recalled an
issue in the Fairbanks area with respect to cow and calf hunts
in game management unit (GMU) 20A, near the Fairbanks North Star
Borough area. Pointing out that the advisory committees give
advice to the Board of Game, he asked how Mr. Keogh would handle
a particularly controversial recommendation. He further asked
for clarification on the process.
MR. KEOGH answered that he pays a lot of attention to the AC
process and believes in it wholeheartedly. He recalled what
occurred in Fairbanks, saying that sometimes an AC will "get
stacked one way or the other." He pointed out that the public
process is important so long as it represents a fair and
equitable process; however, if an AC gets skewed one way or the
other, the AC has a tendency to lose credibility, particularly
if the proposal is one that is not based on data. He
characterized those types of actions as not being best for the
resource because they are promoting a specific agenda. In some
instances, he said, the system fails.
2:02:27 PM
REPRESENTATIVE DICK remarked that he had the same outboard motor
as Mr. Keogh and the difference between the 35 hp and the 50 hp
cams is almost indistinguishable. He noted that some negative
responses were received on the handful of relevant legal issues,
but said there was at least one positive e-mail from Fairbanks
with strong support for Mr. Keogh.
The committee took an at-ease from 2:03 p.m. to 2:04 p.m.
2:05:24 PM
JENNY PURSELL stated that she is a 10-year resident of Juneau
and her testimony is two-fold. First, she filed her application
with the Boards and Commissions office in April 2010 to serve on
the Board of Game. Second, she encouraged the committee to
seriously consider other applicants for the Board of Game who do
not have weighted backgrounds in hunting, trapping, and guiding,
but who have other backgrounds related to how they use, benefit,
and appreciate wildlife.
CO-CHAIR SEATON explained that the governor nominates people and
the committee only reviews the qualifications of the nominees.
He understood Ms. Pursell to be suggesting a change in statute
with respect to designated seats on the board, but pointed out
that this is not the issue before the committee today.
MS. PURSELL said she believes her testimony is relevant to Mr.
Keogh's nomination, and that she is not here to support or
oppose individual appointments.
CO-CHAIR SEATON understood the gist of Ms. Purcell's comments to
be that Mr. Keogh's background is too much slanted.
2:09:40 PM
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC),
testified that the AOC is a statewide organization of hunters,
trappers, fisherman, and those who like to recreate on public
lands. He said the AOC fully supports Mr. Keogh's confirmation
and that Mr. Keogh brings experience, including serving on
advisory committees and submitting proposals. He has frequently
seen Mr. Keogh attending Board of Game meetings and said that
Mr. Keogh is knowledgeable of the process and has field
experience that is extremely important due to intensive
management statutes. He added that the statutes require a good
understanding of the methods and means used by the board to
achieve abundance on prey species.
MR. ARNO, in regard to the current controversial issue of
snaring bears, said he has observed proposals to stop the wanton
waste. However, he continued, the Board of Game's intent is
just the opposite - which is to allow the game resource to still
be usable when a trapper arrives on scene. He said knowing that
the hide and meat is still quality when an animal has not been
dispatched for a day is the type of knowledge possessed by those
with field experience, and bringing that kind of knowledge to
the Board of Game is important. Someone with a background in
trapping is important since the regulations affect the methods
and means of trapping. Without having that background and
knowledge, some would view only the intrinsic value of the game
and not want any of the animals to be trapped; however, that is
not what the constitution or statutes indicate.
2:13:05 PM
VALERIE CONNOR, Conservation Director, Alaska Center for the
Environment (ACE), stated ACE has 6,000 Alaskan members who
support ACE's mission and value and appreciate wildlife for a
variety of reasons. She said ACE has advocated for more balance
and diversity on the Board of Game, but over the past decade the
board has instead become more and more extreme and has co-opted
Alaska's wildlife resources. The recent approval to shoot
grizzly bears from airplanes and proposals for widespread use of
snares to kill bears are only two of the latest examples.
MS. CONNOR offered her belief that the only point of view being
represented by the Board of Game is that of the consumptive user
since not one current board member represents the thousands of
Alaskans who value wildlife for purposes that include viewing,
economic benefits of tourism, or the vital role that diverse and
healthy populations of wildlife bring on an ecosystem-wide
basis.
2:14:40 PM
MS. CONNOR said the lack of science being applied by Alaska
Department of Fish & Game (ADF&G) and at the Board of Game
level, combined with the politics of wildlife management is
leading Alaska down a narrow and risky path. She emphasized the
importance of appointing qualified members who bring something
valuable and unique to the table, especially if this seven-
member board is to continue to wield all of the power over how
wildlife resources are managed. She stated that the Board of
Game should hold lively debate and compromise during
deliberations on proposals, not unanimous consent for each vote.
MS. CONNOR referred to AS 16.05.221(b), which requires diverse
interest on the board and states that members of the Board of
Game shall be appointed "on the basis of interest in public
affairs, good judgment, knowledge, and ability in the field of
action of the board, and with a view to providing diversity of
interest and points of view in the membership." She remarked
that this is sadly lacking right now.
MS. CONNOR said that after viewing Mr. Keogh's resume and
observing him at the Board of Game meetings, ACE has concluded
that Mr. Keogh will not add any diversity of interest or
expertise not already currently present on the board.
Therefore, ACE disapproves of his appointment, she said.
2:16:48 PM
AL BARRETT stated that he has served for over 10 years on the
Fairbanks AC, but is testifying today on behalf of himself. He
asked the committee to support Mr. Keogh's confirmation. He has
attended as many Board of Game meetings as possible in the past
10 years and has observed Mr. Keogh at the last two Board of
Game meetings. He related it is refreshing to see a newly
appointed board member who interacts with the public and the
ACs. Throughout the Board of Game process he has known Mr.
Keogh to read all of the materials - which can be up to 3,000
pages of personal comments - board staff reports, and other
documents, including the Department of Law and Department of
Public Safety (DPS) reports. He said he can tell Mr. Keogh has
read the materials since Mr. Keogh asks questions directly
related to written comments. He commended Mr. Keogh's knowledge
and thorough review of the materials on hand.
2:18:12 PM
MR. BARRETT said Mr. Keogh has a good understanding about
subsistence laws and regulations, which are difficult to
understand. He offered his belief that very few board members
in their first term understand the complexities of these laws
and regulations, but Mr. Keogh has demonstrated he has the
aptitude to understand the issues and has also used his
knowledge to ask pertinent and appropriate questions during the
Board of Game process.
MR. BARRETT said he thought all of the current Board of Game
members show diversity and represent all users, including
Alaskans and non-Alaskans. He concluded by saying he thinks Mr.
Keogh is a very good appointment and asked committee members for
their support.
2:19:21 PM
REPRESENTATIVE DICK asked whether Mr. Barrett personally knows
Mr. Barrett.
MR. BARRETT answered that he has known Mr. Keogh for the last
five years from different associations and activities such as
trapping. He said they both volunteer their time with the
Alaska Trapper's Association and fur actions, which is how they
became acquainted.
REPRESENTATIVE DICK asked whether the committee should perceive
Mr. Keogh as a law-abiding person or someone disrespectful of
laws.
MR. BARRETT answered that during the time he has known him, Mr.
Keogh has been an upstanding Alaskan. He commented that some
people have had difficult times and he understands that some
post 9/11 financial issues were unforeseen by Mr. Keogh as well
as by many others.
2:21:10 PM
TERESA SAGER ALBAUGH stated that she serves on the Alaska Board
of Game, but is testifying today on her own behalf. She has
only known Mr. Keogh since his appointment to the Board of Game
last year, but she has developed a respect for him based on some
important observations. First, Mr. Keogh is diligent in his
preparation for Board of Game meetings. He has displayed a good
understanding of the issues that come before the board and
faithfully reviews in detail the voluminous and sometimes
overwhelming public comments submitted to the Board. Second,
Mr. Keogh is personally very knowledgeable about Alaska's fish
and game resources. He was born and raised in Alaska, runs his
own fishing business, is an avid hunter, and runs a trapline.
She has always considered people with real world field
experience to be experts in their own right, living the
lifestyle of the average Alaskan who loves wildlife and the
outdoors. She offered her belief that this nicely compliments
the knowledge and experience of those with academic credentials
and a professional career in wildlife management.
MS. SAGER ALBAUGH shared her admiration of the attentiveness to
the views and experiences expressed by the people who devote
their time and energy, as well as their nerve, to come to a
Board of Game meeting to share personal stories of their
relationship with wildlife, whether it is hunting, trapping, or
photographing and watching the wildlife that has such deep
meaning for them. She emphasized her belief that Mr. Keogh has
this type of connection with his natural environment and
identifies with that same kind of relationship in his fellow
Alaskans. She urged members to give careful consideration to
confirming Mr. Keogh to the Alaska Board of Game.
^Fishermen's Fund Advisory and Appeals Council
Fishermen's Fund Advisory and Appeals Council
2:23:35 PM
CO-CHAIR SEATON moved to the confirmation hearings of Clay
Bezenek and James Herbert, appointees to the Fishermen's Fund
Advisory and Appeals Council. He requested Mr. Bezenek to state
why he would like to serve on the council and asked whether Mr.
Bezenek is currently serving on the council.
the confirmation hearings for the Fishermen's Fund Advisory and
Appeals Council.
2:24:10 PM
CLAY BEZENEK, Appointee, stated he is a commercial fisherman by
occupation and has served on the Fishermen's Fund Advisory and
Appeals Council (FFAAC) for one term and has enjoyed the appeals
process and policy changes to increase the $2,500 per incident
to $10,000 per incident due to rising health care costs and
associated costs. He said his reason for being on the council
is that 10 years ago he was in a near-fatal diving accident
while diving for geoducks near Craig and the fund was kind
enough to help out his family. His family was saved from
bankruptcy because of the council, so when he was asked if he
would be willing to serve he said yes. He welcomed the
opportunity to serve and give back to the council and to the
industry.
2:26:21 PM
MR. BEZENEK said he is from Minnesota and has commercially
fished in Alaska since 1983, developing a love for the state and
the policies. He has fished for king crab from the Aleutian
Chain towards Kodiak, but now resides in Southeast Alaska and
fishes for herring and salmon exclusively. He related he was
one of the founding members of Southeast Alaska Regional Dive
Fisheries Association. He emphasized the importance of giving
back to the fishing institutions.
MR. BEZENEK shared that the fund was started during the
territorial days and one of the founding members was the late
Ole Haynes from Ketchikan. He commended the founding members
who had the foresight to protect their own by putting aside a
portion of the funds from crewmember and commercial fishing
license fees into a fund to protect the people who did not have
insurance or were injured in the line of work. He said he would
like to serve another term on the council.
2:28:33 PM
CO-CHAIR SEATON asked for clarification on the award increase
from $2,500 to $10,000. He asked whether this has impacted the
fund or its reserves.
MR. BEZENEK answered that the funds have reached a plateau, but
the fund seems to be maintaining itself. He said a concern of
board members was whether the fund would shrink dramatically, so
the legislation had stopgaps that would protect the fund from
excess draws. He deferred to Mr. Jim Herbert, a fellow council
member.
CO-CHAIR SEATON turned to testimony from the next appointee, Mr.
Herbert, stating that he has been friends with Mr. Herbert for
some time. He requested Mr. Herbert to state why he would like
to be reappointed to the Fishermen's Fund Advisory and Appeals
Council.
2:31:11 PM
JAMES HERBERT, Appointee, said he was first appointed to the
Fishermen's Fund Advisory and Appeals Council (FFAAC) by
Governor Knowles in the late 1990s and has served continuously
since that time. He viewed his role as an advocate for
commercial fishermen and the industry in general. As commercial
fishermen, members of the council have a broad knowledge of
fisheries and specific fishermen throughout the state and that
helps when deliberating on insurance claims that come before the
council.
MR. HERBERT provided a brief overview of his background, noting
that he began fishing in 1971. While he is fishing less now, he
is still active and maintains his interest in connections in the
industry. He said one of the key things he has tried to keep
tabs on is the fiduciary responsibility. The fund itself is a
dedicated fund that predates statehood and is funded from a
portion of crewmember fees and commercial fishermen's license
fees. Since the fund is funded with money coming from the
people in the industry he takes extra care with it to ensure it
is properly used.
MR. HERBERT explained that the Department of Labor & Workforce
Development (DLWD) oversees the fund and admitted that he has
had differences with the department. He said he has been vocal,
but pointed out that there have been personnel changes and he
thinks "we're off on a better footing again." He asked for the
committee's support to see that the interests of the commercial
fishing industry are well met.
2:33:52 PM
CO-CHAIR FEIGE commented that Mr. Herbert appears to have had a
long and productive career in Alaska. He asked if Mr. Herbert
had plans to move back to Westchester.
MR. HERBERT answered that he does not think so. He said he left
when he was 17 and although he visits his sister periodically,
Alaska is his home and he does not want to live anywhere else.
CO-CHAIR FEIGE said he grew up in South Salem.
CO-CHAIR SEATON said we're waiting to get Jim Herbert back to
Homer.
2:34:37 PM
CO-CHAIR SEATON asked for clarification on how well the fund is
working and if there is anything the committee should understand
about the fund and whether the fund is maintaining its solvency.
MR. HERBERT reported that the fund was at a plateau based on the
last financial reports that board members reviewed. He
explained that last year revenues increased since the past
couple of years have been productive for salmon fishermen. He
further reported that that has been balanced by slight amount of
expenditures. He did not recall whether the legislation
included stopgap measures, but said it was discussed prior to
the bill being passed. He recalled that the council wanted to
be able to come to the legislature in case the balance of the
fund started to drop. He further recalled some provisions with
respect to the administration of the fund that allow the council
to restrict total benefits if the council thought the corpus of
the fund was reaching an unsustainable level. He said at this
point it seems like everything is working alright; the
Fishermen's Fund is not growing, but it is not shrinking either.
He characterized the Fishermen's Fund as being at a plateau.
2:36:40 PM
CO-CHAIR SEATON questioned the short-term seven-day commercial
fishing license for crewmembers, recalling that it would allow
for several license renewals. This would allow a nonresident to
pay the same or less than a regular full-time commercial fishing
license. He questioned whether the council tracks the impact
this may have to the fund since the reduced fees will
significantly reduce the amount deposited to the Fishermen's
Fund.
MR. HERBERT offered his belief that the license fee issue is an
agenda item for the March 2012 and said the current coordinator
of the program is supposed to gather that data from the
Commercial Fisheries Entry Commission. He offered his belief
that potentially the state is missing out on some revenue, not
in the millions, but perhaps in the range of hundreds of
thousands of dollars given the increase in the purchases of the
seven-day licenses. He related that the increase is primarily
from out of state people, since they pay the same as residents.
He did not believe the reduction has negatively impacted the
fund, but he expressed concern that it has drifted from the
initial intent, which was to increase the tourist industry
associated with commercial fishing. Instead, it has served as a
way for out-of-state people to buy cheap licenses and in a small
way has impacted state revenues. In response to Co-Chair
Seaton, he agreed to provide the committee with a synopsis of
the council's March meeting.
2:40:03 PM
JERRY MCCUNE stated he personally knows both applicants and has
attended a number of the Fishermen's Fund Advisory and Appeals
Council meetings, as well as testifying before the council. He
said it is important to note that Mr. Herbert has the real
background and institutional memory about the Fishermen's Fund.
He also said that Clay Bezenek has a rounded commercial
fisherman's experience, which is important when reviewing
commercial fishermen's injuries and how they occurred. He
stated that he supports both these nominees to the Fishermen's
Fund Advisory and Appeals Council.
2:40:52 PM
CO-CHAIR SEATON noted that last year the House and the Senate
unanimously passed a resolution which requested that the state
consider adopting a prevention and disease model. One of the
best ways to prevent diseases and injuries is to ensure that
people take adequate amounts of Vitamin D to address depression,
anxiety, or risk of fractures. He encouraged the council to
review the studies and perhaps issue an advisory notice to
fishermen. He explained that the sun is at such a low angle for
eight months of the year that a person cannot make sufficient
Vitamin D.
CO-CHAIR SEATON set aside the names for nominations to the
boards and commissions for future consideration.
2:42:59 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:43 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Big Game Commercial Svcs - Metz #1.pdf |
HRES 2/22/2012 1:00:00 PM |
|
| Big Game Commercial Svcs - Quarberg #1.pdf |
HRES 2/22/2012 1:00:00 PM |
|
| Big Game Commercial Svcs -Rebne #1.pdf |
HRES 2/22/2012 1:00:00 PM |
|
| Fishermen's Fund Appeals - Bezenek #1.pdf |
HRES 2/22/2012 1:00:00 PM |
|
| Fishermen's Fund Appeals - Herbert #1.pdf |
HRES 2/22/2012 1:00:00 PM |
|
| Game - Keogh #1.pdf |
HRES 2/22/2012 1:00:00 PM |