Legislature(1993 - 1994)
04/13/1994 08:15 AM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE RESOURCES STANDING COMMITTEE April 13, 1994 8:15 a.m. MEMBERS PRESENT Representative Bill Williams, Chairman Representative Bill Hudson, Vice Chairman Representative Con Bunde Representative Pat Carney Representative John Davies Representative Joe Green Representative Jeannette James MEMBERS ABSENT Representative David Finkelstein Representative Eldon Mulder OTHER LEGISLATORS PRESENT Representative Carl Moses COMMITTEE CALENDAR Confirmation Hearing: Board of Fisheries: Kay Andrew Dick Bower Larry Engel Board of Game Richard Burley Ed Grasser Ernest Polley Big Game Commercial Services Board Scott Ogan Thomas Scarborough Commercial Fisheries Entry Commission Dale Anderson Oil and Gas Conservation Commission Tuckerman Babcock COMMITTEE REPORTS SIGNED FOR ALL APPOINTEES WITNESS REGISTER LARRY ENGEL P.O. Box 197 Palmer, Alaska 99645 Phone: 745-4132 POSITION STATEMENT: Appointee, Board of Fisheries DONALD WESTLUND P.O. Box 7883 Ketchikan, Alaska 99901 Phone: 225-9319 POSITION STATEMENT: Opposed Kay Andrew's confirmation BRIAN WARMUTH, Chairman Ketchikan Trollers Committee P.O. Box 6342 Ketchikan, Alaska 99901 Phone: 225-0432 POSITION STATEMENT: Supported Kay Andrew's confirmation GEORGE YASKA, Director of Wildlife Tanana Chiefs Conference 122 1st Avenue Fairbanks, Alaska 99701 Phone: 452-8251 POSITION STATEMENT: Supported Larry Engel's and all Board of Game appointees confirmation; Opposed Kay Andrew's and Dick Bower's confirmation GEOFF BULLOCK, Representative United Southeast Alaska Gillnetters 204 N. Franklin, Suite 2 Juneau, Alaska 99801 Phone: 586-5860 POSITION STATEMENT: Supported Kay Andrew's confirmation DALE BONDURANT HC1 Box 1197 Soldotna, Alaska 99669 POSITION STATEMENT: Supported Larry Engel's and Dick Bower's confirmation BEN ELLIS, Executive Director Kenai River Sport Fishing, Inc. P.O. Box 1228 Soldotna, Alaska 99669 Phone: 262-8588 POSITION STATEMENT: Supported Larry Engel's and Dick Bower's confirmation; Opposed Kay Andrew's confirmation JEFF PARKER, Representative Alaska Sport Fishing Association Trout Unlimited 1201 Hyder Anchorage, Alaska 99501 Phone: 274-5418 POSITION STATEMENT: Supported Larry Engel's and Dick Bower's confirmation; Opposed Kay Andrew's confirmation DAN ALBRECHT, Executive Director Yukon River Drainage Fisheries Association 733 W. 4th, #881 Anchorage, Alaska 99501 Phone: 279-6519 POSITION STATEMENT: Opposed Kay Andrew's confirmation KAREN SAMUELSON, Fisheries Specialist Association of Village Council Presidents P.O. Box 219 Bethel, Alaska 99559 Phone: 543-3521 POSITION STATEMENT: Opposed Kay Andrew's and Dick Bower's confirmation MYRON NANENG, President Association of Village Council Presidents P.O. Box 219 Bethel, Alaska 99559 Phone: 543-3521 POSITION STATEMENT: Opposed Kay Andrew's and Dick Bower's confirmation ARTHUR NELSON, Fisheries Specialist Kawerak, Inc. P.O. Box 948 Nome, Alaska 99762 Phone: 443-5231 POSITION STATEMENT: Opposed Kay Andrew's and Dick Bower's confirmation; Supported Larry Engel's confirmation EILEEN NORBERT, Executive Director Kawerak, Inc. P.O. Box 948 Nome, Alaska 99762 Phone: 443-5231 POSITION STATEMENT: Opposed Kay Andrew's and Dick Bower's confirmation; Supported Larry Engel's confirmation CHARLES SLATSKY Address Unavailable Unalakleet, Alaska 99684 POSITION STATEMENT: Opposed Kay Andrew's and Dick Bower's confirmation DEBBIE GIFFORD, Member Port Alexander Fish and Game Advisory Board P.O. Box 8125 Port Alexander, Alaska 99836 Phone: 568-2244 POSITION STATEMENT: Supported Kay Andrew's confirmation DENNIS LONGSMITH P.O. Box 8066 Port Alexander, Alaska 99836 Phone: 568-2243 POSITION STATEMENT: Supported Kay Andrew's confirmation ROBERT JAHNKE P.O. Box 991 Ward Cove, Alaska 99928 Phone: 247-8207 POSITION STATEMENT: Supported Kay Andrew's confirmation KATIE FISHER P.O. Box 8052 Ketchikan, Alaska 99901 Phone: 225-7688 POSITION STATEMENT: Supported Kay Andrew's confirmation CHESTER DURAND, Chairman Alaska Resident Sport Anglers Association 6590 Glacier Highway, #139 Juneau, Alaska 99801 Phone: 780-6889 POSITION STATEMENT: Opposed Dick Bower's and Larry Engel's confirmation KATE TROLL, Executive Director Southeast Alaska Seiners Association 9226 Long Run Juneau, Alaska 99801 Phone: 789-5117 POSITION STATEMENT: Supported Kay Andrew's confirmation JOSEPH JOLLY, President United Cook Inlet Drift Association HC02 P.O. Box 753 Soldotna, Alaska 99669 Phone: 283-9505 POSITION STATEMENT: Supported Kay Andrew's confirmation; Opposed Larry Engel's and Dick Bower's confirmation KARL KIRCHER, Vice President Kenai Peninsula Fishermen Association P.O. Box 95 Kasilof, Alaska 99610 Phone: 262-2519 POSITION STATEMENT: Opposed Dick Bower's confirmation HENRY MITCHELL, Executive Director Bering Sea Fishermen's Association 725 Christenson Drive Anchorage, Alaska 99501 Phone: 279-6519 POSITION STATEMENT: Opposed Kay Andrew's confirmation HAROLD SPARCK P.O. Box 267 Bethel, Alaska 99559 Phone: 543-3788 POSITION STATEMENT: Opposed Kay Andrew's confirmation PAGE HERRING, Board Member Northern District Setnetters Association P.O. Box 878837 Wasilla, Alaska 99687 Phone: 376-7243 POSITION STATEMENT: Opposed Kay Andrew's and Dick Bower's confirmation FRANK CHARLES, Executive Director Coastal and In-Rivers Fisheries Alliance P.O. Box 927 Bethel, Alaska 99559 Phone: 543-2608 POSITION STATEMENT: Opposed Kay Andrew's and Dick Bower's confirmation NEVIN MAY P.O. Box 3160 Ketchikan, Alaska 99901 Phone: 247-4685 POSITION STATEMENT: Supported Kay Andrew's confirmation HAROLD HELFRICH P.O. Box 6278 Ketchikan, Alaska 99901 Phone: 225-4058 POSITION STATEMENT: Supported Kay Andrew's confirmation DEAN PADDOCK, Representative Bristol Bay Driftnetters Association P.O. Box 21951 Juneau, Alaska 99802 Phone: 463-4970 POSITION STATEMENT: Neutral position JERRY MCCUNE, President United Fishermen of Alaska 211 Fourth St., #211 Juneau, Alaska 99801 Phone: 586-2820 POSITION STATEMENT: Supported Kay Andrew's confirmation; Opposed Larry Engel's and Dick Bower's confirmation MARY HELFRICH P.O. Box 6278 Ketchikan, Alaska 99901 Phone: 225-4058 POSITION STATEMENT: Supported Kay Andrew's confirmation DAVID BRAY, Secretary-Treasurer United Southeast Alaska Gillnetters 2729 Tongass Avenue Ketchikan, Alaska 99901 Phone: 225-3505 POSITION STATEMENT: Supported Kay Andrew's confirmation ROLLO BRAY 2729 Tongass Avenue Ketchikan, Alaska 99901 Phone: 225-3505 POSITION STATEMENT: Supported Kay Andrew's confirmation AL WICKENS P.O. Box 9465 Ketchikan, Alaska 99901 Phone: 225-7623 POSITION STATEMENT: Supported Kay Andrew's confirmation GREG RICE 200 Mattle Road Ketchikan, Alaska 99901 Phone: 225-3093 POSITION STATEMENT: Supported Kay Andrew's confirmation KEN DUCKETT P.O. Box 3178 Ketchikan, Alaska 99901 Phone: 225-0241 POSITION STATEMENT: Supported Kay Andrew's confirmation DICK BOWER P.O. Box 3662 Soldotna, Alaska 99669 Phone: 262-7132 POSITION STATEMENT: Appointee, Board of Fisheries KAY ANDREW P.O. Box 7211 Ketchikan, Alaska 99901 Phone: 225-2463 POSITION STATEMENT: Appointee, Board of Fisheries ACTION NARRATIVE TAPE 94-51, SIDE A Number 000 The House Resources Committee was called to order by Chairman Bill Williams at 8:27 a.m. Members present at the call to order were Representatives Williams, Hudson, Bunde, Carney, and Green. Members absent were Representatives Davies, Finkelstein, James, and Mulder. CHAIRMAN BILL WILLIAMS announced there is a quorum present. He stated the meeting is on teleconference with Anchorage, Bethel, Cordova, Dillingham, Fairbanks, Ketchikan, Mat-Su, Nome, Petersburg, Sitka, Kenai/Soldotna, Port Alexander, and Unalakleet. Number 023 LARRY ENGEL, APPOINTEE, BOARD OF FISHERIES (BOF), PALMER, testified via teleconference and stated he came to Alaska in 1958 and has lived in the state since then. He spent 32 years with the Alaska Department of Fish and Game (ADF&G) as a fishery biologist. He stated he has gained much from the fishery resources in the state. He felt he has the qualifications, interest, and the time to voluntarily give back to that resource. REPRESENTATIVE BILL HUDSON asked Mr. Engel to comment on his career as a fish biologist and what areas he served. MR. ENGEL responded he served less than a year in Juneau and his remaining work was in the Cook Inlet area. Initially, he functioned as a research biologist with the Division of Sport Fish and for the past 25 years, as a management biologist with the same division. REPRESENTATIVE HUDSON asked Mr. Engel if he has any contractual relationship with the Mat-Su Borough. MR. ENGEL stated prior to being appointed to the BOF, he served as a Fishery Advisor to the Mat-Su Borough but upon being appointed to the BOF, he extinguished that relationship. REPRESENTATIVE CON BUNDE clarified that Mr. Engel is aware of the Kenai red salmon allocation problem and asked if he has any ideas about solving that problem. MR. ENGEL responded there needs to be an adjustment of the allocation of red salmon in the Cook Inlet area. He felt Ms. Andrew took a desirable first step to review the problem by appointing a group of fishermen, from both sides of the issue, to try to work toward a consensus point to bring back to the BOF for action in the fall. Number 077 REPRESENTATIVE HUDSON asked how the legislature, while trying to serve all of the various gear groups and regions, can best achieve an impartial and professional view on the premise of the board. He wondered if the current constitution of the BOF and the way the board operates provides for impartiality and professionalism. MR. ENGEL replied the current BOF process is not perfect but he felt there is no way to change that process. He stressed there is a need to have lay people with different expertise on the BOF, people sensitive to people's issues, good listeners, and people who try to come up with a responsible decision when there are different opinions throughout the regional areas or between commercial, sport, or personal use fishermen. He said the fishery resources are very valued resources which are high in demand and there will always be a certain amount of debate on issues regarding these resources. He felt it is important to have the very best possible group of people willing to serve on the BOF. MR. ENGEL stated the fisheries are in good shape currently as compared to the beginning of statehood, which can partly be attributed to the BOF process, ADF&G, the Magnuson Act, etc. He thought the BOF is truly a working body. Number 117 CHAIRMAN WILLIAMS asked Mr. Engel to rank the importance of subsistence, commercial, sport and other fisheries. MR. ENGEL responded subsistence is the most important. He felt the importance of the other uses varies in different areas of the state. He felt that is why the BOF exists--to allocate the resources in the most sensitive, fair, and open way. REPRESENTATIVE BUNDE asked Mr. Engel to comment on what he feels is the most pressing problem the BOF is currently facing. MR. ENGEL stated there are many problems but one of the most challenging is the problem with who, between the federal and state government, has jurisdiction over the resources, which has already had an impact on wildlife management. Another problem is the challenges faced with the Bering Sea and the Gulf of Alaska intercept of salmon and other precious resources which are administered by the federal government. REPRESENTATIVE BUNDE asked Mr. Engel his opinion about the commercial selling of subsistence caught fish. MR. ENGEL stated subsistence fishing is primarily for nutrient purposes. He did not feel the commercial selling of subsistence caught fish is a proper or wise use of the resource. He stressed the BOF has taken steps to ensure that subsistence caught fish are used for the purpose they are intended. REPRESENTATIVE HUDSON requested Mr. Engel to rate the support from ADF&G when the BOF is addressing difficult issues and asked what the most difficult issue the BOF is facing. MR. ENGEL stated the ADF&G is one of the finest departments in the nation and has some very dedicated scientists. He said the department is hindered by the lack of funding and is asked to do remarkable things to manage fishery resources with very little financial resources being allocated to the situation. Therefore, the department operates in a gray area, in terms of the necessary scientific information needed for the BOF to make wise decisions to ensure sustained yield of the state's resources. He said in the case of intercept fisheries, these fisheries are occurring thousands of miles away from where the fish will ultimately spawn. He felt intercept fisheries are the most difficult types of fisheries to manage because they are very costly because the fish stocks being dealt with are not known and since they are being caught, possible surpluses are also not known. It is a real dilemma for ADF&G to wisely manage intercept fisheries, especially when the department does not have the resources to research the various aspects. MR. ENGEL said in the case of the chum salmon problem in Western Alaska and the Unimak/Shumagin Islands intercept fishery, the whole basis of the decision made was based on tagging done in 1987. That is the type of knowledge currently in existence for the impact of that fishery. He felt the state has not invested enough in the fishery resources to ensure the wisest continued use of these resources. REPRESENTATIVE HUDSON asked Mr. Engel what year he retired. MR. ENGEL responded 1992. Number 205 REPRESENTATIVE HUDSON observed in years past there were considerably less resources than there are today. He said populations have grown and the conflicts between gear groups has risen to larger proportions. He clarified that Mr. Engel made tough decisions in years past. MR. ENGEL replied he did and added that the decisions back then were harder to make because there was even less information available on which to base the decisions. Number 220 REPRESENTATIVE HUDSON wondered if the BOF should be constituted differently with advisory boards behind the BOF and perhaps a commission. MR. ENGEL responded the BOF, although not perfect, has guided the fishery resources since statehood to all time record levels of abundance. He noted there still are not enough fish for all of the fishery users. There will always be a question of what is fair, what is responsible, and what is the best way to allocate the resources among the variety of user groups. He said whether the BOF is a professional board, full-time board, etc., it always comes down to social, economic, and other issues and the decisions are difficult. Number 245 MR. ENGEL said the BOF needs to be made up of responsible, fair, open-minded people, whether they are full-time, professional, or whatever, making these decisions. He felt the BOF, as constituted today, is a very workable body. Number 253 REPRESENTATIVE HUDSON said he has no concern in regard to the desire to serve, the professionalism, and the dedication the BOF members have. He stated his concern is whether or not the system has sufficient flexibility, given the fact the BOF is dealing with greater and differing populations, which are pressing upon a changing fish population. (CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVE JAMES and REPRESENTATIVE DAVIES joined the committee at 8:35 a.m. and 8:45 a.m. He also noted that REPRESENTATIVE MOSES was in the audience.) Number 291 DONALD WESTLUND, KETCHIKAN, testified via teleconference and expressed opposition to the confirmation of Kay Andrew who has anti-sport/pro-commercial fishing views. With between 97-98 percent of the catchable resource being caught by the commercial fishermen, the sport fishermen need a representative on the BOF who has fair views. He felt it is time for the sport users to get a larger share of the resource. BRIAN WARMUTH, KETCHIKAN, testified via teleconference and stated he is a troller and long liner, and also chairman of the Ketchikan Trollers Committee. He expressed support of Kay Andrew's confirmation. He stated Ms. Andrew is an honest and fair person and he is confident that she has the ability to manage the state's fishery resources in a fair and equitable manner. Number 334 GEORGE YASKA, DIRECTOR OF WILDLIFE, TANANA CHIEFS CONFERENCE (TCC), stated TCC supports Larry Engel and the Board of Game appointees and opposes the confirmation of Kay Andrew and Dick Bower. In initially reviewing the resumes and qualifications of Ms. Andrew and Mr. Bower, TCC was appreciative of their qualifications. However, TCC also had the opportunity to review their performance and found their performance to be unacceptable. He said the ADF&G commissioner and department spoke clearly about the need for conservation measures in Western Alaska. He noted the 1987 tag study talked about 20-50 percent of the catch caught in the False Pass area (Area M) were fish bound for western Alaska. Another study stated 70-90 percent of the catch of chum salmon in Area M were bound for western Alaska. MR. YASKA said these projections are scary. When the south Unimak fishing district catches over 500,000 chum salmon, while he cannot even catch one chum salmon on the Yukon River, and people in the Norton Sound have been unable to catch at least one chum salmon for over seven years, the situation is unfair. He advised Ms. Andrew and Mr. Bower the BOF cannot conduct business as usual and the commissioner agreed. ADF&G outlined a range of savings to be gained if the BOF were to reduce the chum salmon cap at the intercept fishery of south Unimak. An example is the Snake River near Nome. The department stated the savings would be from 20-100 fish. When the stream is down to 300 fish and an extra 100 might be gained, that is a substantial savings. He stressed that Ms. Andrew and Mr. Bower said the savings were not enough and did not justify harming or placing a financial hardship on the commercial fishery. TCC feels Ms. Andrew and Mr. Bower place a higher value on the commercial fisheries than the conservation of the resource. Number 401 GEOFF BULLOCK, REPRESENTATIVE, UNITED SOUTHEAST ALASKA GILLNETTERS (USAG), said when Ms. Andrew had asked USAG to endorse her for the BOF a year ago, she was advised not to put her name in because it is difficult to be appointed, go through several BOF meetings, and then be up for confirmation since she would then have a track record, which some people may not like. He expressed concern about the precedence being set in the sense that a decision was made, a vote was taken, and now there is plenty of opposition. He stated Ms. Andrew did a great job at the Ketchikan meeting, not siding with the gillnetters, even though her husband is a gillnetter. He felt Ms. Andrew is level headed, sincere, and goes by the facts. MR. BULLOCK said from what he has heard, there were no facts on the effects of the False Pass issue. He felt Ms. Andrew spoke from her heart by stating another fishery should not be penalized or shut down because there may be a possibility a cap might help. He stressed ADF&G needs to provide solid figures and facts. He thought it was unfair to oppose someone who made a decision based on information which was not factual. He felt the committee should be looking at Ms. Andrew's qualifications and urged their support for her appointment. Number 450 DALE BONDURANT, SOLDOTNA, testified via teleconference and expressed support of the confirmations of Larry Engel and Dick Bower. He has known Mr. Engel for many years and finds him to be level-headed. He said Mr. Bower has been an active public participant in fishery resources issues and has shown his concern by the amount of work he has done. He stated he only heard Ms. Andrew speak for about five days at a recent BOF hearing but felt she ran an excellent meeting. However, he has not formed any opinions in regard to her position on managing for sustained yield, managing mixed stock fisheries, or conservation of the total fishing resources. His position on Ms. Andrew's confirmation is neutral, although he leans toward favoring her appointment because of the fact that sometimes the Chair is more critically appraised than any other member. He pointed out the BOF must have had good reasons for selecting Ms. Andrew as Chair. BEN ELLIS, EXECUTIVE DIRECTOR, KENAI RIVER SPORT FISHING, INC. (KRSF), testified via teleconference and stated KRSF supports the confirmation of Dick Bower and Larry Engel and opposes the confirmation of Kay Andrew to the BOF. KRSF believes that regardless of whether a person is a strong advocate for commercial fisheries or a staunch supporter of the sport, personal, or subsistence fishing, everyone agrees that the state's fisheries have been a critical part of Alaska's past and will be an important aspect to the state's future. He felt everyone also agrees that Alaska's fishing footprint is changing. The depressed prices for commercially caught fish, overseas competition from pen- reared salmon, and wanton waste of hundreds of thousands of incidental bycatch each year has sent commercial fishing into a tail spin. Number 515 MR. ELLIS said while the state's commercial fishing industry is facing one of the toughest decades ever, personal use, sport, and subsistence fishing has grown from a wet behind the ears towhead to an adult in the state's economic and political arena. He stated sport fishing continues to field a growing tourist economy which accounted for more than $1 billion last year, more Alaskans are asking for a larger share of the state's fishery pie to fill their freezers and Alaska Natives continue to push, under federal and state laws, for more of this already fully allocated resource for their traditional and customary lifestyles, as they should. To meet these challenges, there must be BOF members who realize that mixed stock fisheries must be harvested for the most part after the stock has naturally separated themselves into terminal rivers and streams. There must be BOF members who will act to protect the resource first, provide noncommercial users their constitutional right and then after these commitments have been met, allow a commercial harvest of any surplus fish. There must be BOF members who will bring changing management plans to fit the new footprint. MR. ELLIS stated KRSF believes Mr. Bower and Mr. Engel measure up to these standards. Even though KRSF may not agree with all of Mr. Bower's and Mr. Engel's votes, in listening to their reasoning, it is hard to fault these two men who bring a sport fishing perspective to the BOF from Southcentral Alaska. He noted KRSF believes Ms. Andrew is a fine individual, and has appeared to give her best shot during the year she has served on the BOF. However, her continued apparent bias toward protecting the state's commercially dominated fisheries management plans, at the expense of terminal users, and more recently, her inability as Board Chair to apply the newly developed mixed stock management plan during the AYK area (indiscernible), among other things, leads KRSF to oppose her confirmation. He said it is a critical time for the BOF and the board must be comprised of members who will respond to the public's wishes for change which is not all status quo. He stressed Mr. Bower and Mr. Engel know what needs to be done to make the transition to the new Alaska fisheries. Number 564 JEFF PARKER, REPRESENTATIVE, ALASKA SPORT FISHING ASSOCIATION AND TROUT UNLIMITED, testified via teleconference and stated both organizations support the confirmations of Dick Bower and Larry Engel and oppose the confirmation of Kay Andrew. He stated the BOF needs the best possible people to deal with fishery conservation and allocation issues, which should not be determined so much by how any given individual votes on any particular issue, but rather should be determined first by putting conservation of the fishery resources ahead of any other user group's interest and ahead of allocation. The BOF members need to recognize that after conservation is the subsistence priority and then allocations between different user groups. MR. PARKER said there is a need to have people on the BOF who have the highest integrity, who can put the public's interests above personal interests, who can deal with complex issues in the context of decreased budgets and limited information, and who can work with and get the respect of ADF&G's staff. Both organizations believe Ms. Andrew does not meet this criteria. He stated Ms. Andrew appears to have the inability to deal with and implement the mixed stock policy in the Area M fishery, where ADF&G has clear factual data showing the amount of intercepts of chum salmon, the degree of the conservation problem at issue in western Alaska and the degree of the noncompliance with the subsistence priority. It is felt that Ms. Andrew ignored the data, which is part of the reason why both organizations do not support her confirmation. MR. PARKER stressed what is more important is how any BOF member addresses the complex issues and the data presented by ADF&G staff. It is felt that Ms. Andrew did not try and assimilate that data and did not do an adequate job of leading the Board toward utilizing that data. Both organizations feel that Mr. Engel has impeccable credentials and clearly understands that conservation comes first, understands subsistence priorities, and the complexities of the allocation issues. In regard to Mr. Bower and his vote on the Area M, it is felt he tried to grapple with very complex issues. Mr. Parker thought that Mr. Bower does understand that the conservation priority is first, which was reflected in his testimony on Monday and he clearly understands the subsistence priority. Although Mr. Parker disagreed with how Mr. Bower voted on the chum cap issue, he felt Mr. Bower brings to the BOF the type of capability necessary to make these decisions. Number 632 DAN ALBRECHT, EXECUTIVE DIRECTOR, YUKON RIVER DRAINAGE FISHERIES ASSOCIATION, testified via teleconference and expressed opposition to the confirmation of Kay Andrew to the BOF. He said he had heard Ms. Andrew state on Monday that ADF&G had said only 4,000 fish would be saved if the chum salmon cap was reduced to 300,000. He clarified that the 4,000 fish to be saved was for the Norton Sound alone and the actual savings for western Alaska chum salmon would be from 20-50 percent (as indicated by the tag study) or perhaps above that. Therefore, the potential savings would be from 150,000 to 300,000 fish for western Alaska, at a time when the escapement goals were not even being met, when commercial fisheries were closed, and at a time when even the subsistence fisheries were closed. MR. ALBRECHT recalled at the time, there was a lot of discussion that a cap would not make that much difference, yet there were a lot of fish missing. He said the Director of Commercial Fisheries, Jeff Koenings and the ADF&G commissioner had pointed out that every single fish helps. He pointed out that in the Yukon area, there has been a drastically restricted commercial fisheries since 1990 and there were complete subsistence closures in 1993, all done to protect the resource. The fishermen understand the need to cut back yet those fishermen go to the BOF meetings and watch Ms. Andrew do everything she can to ensure that Area M gets their red salmon and ignore the conservation mandate for chum salmon. MR. ALBRECHT stated it was pointed out by several experts at the BOF meetings that the chum salmon cap needs to be lowered and they showed clear savings, depending on how much the cap was reduced. He stressed the fishermen in the villages are frustrated and are wondering if there is a need to close subsistence fishing for five or ten years before the BOF will do anything to restrict the mixed stock commercial intercept fishery. Mr. Albrecht said his association urges the rejection of Ms. Andrew's confirmation. Number 712 KAREN SAMUELSON, FISHERIES SPECIALIST, ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS (AVCP), testified via teleconference and stated AVCP opposes the confirmation of Kay Andrew and Dick Bower to the BOF. She pointed out that at the last BOF meeting, both Mr. Bower and Ms. Andrew voted against the conservation of chum salmon in western Alaska by not attempting to lower the chum salmon cap. ADF&G presented information which stated that chum stocks returning to the AYK region have been declining and despite significant efforts to revoke the decline, it has not helped. ADF&G is forecasting below average returns and if the survival rate for chum salmon is similar to 1993, returns will be critically low. She stressed that situation will result in subsistence closures and restrictions in Norton Sound, Yukon, and Kuskokwim River drainages. MS. SAMUELSON stated ADF&G had stressed that savings from a reduced cap would be significant. With this information and the department's recommendation to lower the chum salmon cap, both Ms. Andrew and Mr. Bower voted not to lower the cap. By this action, they have clearly shown they hold commercial and economic interests over historic sustained yield. She said the Alaska BOF is a valuable process, but it is only as effective as the people on the board. AVCP believes that Ms. Andrew and Mr. Bower do not intend to uphold the requirements of the law for sustained yield or subsistence priority, especially in light of the conservation crisis, making the BOF process biased and unworkable. AVCP feels upholding the state's requirement for sustained yield and subsistence priority are a necessary qualification for the members of the board, of which Ms. Andrew and Mr. Bower do not have. AVCP requests the House Resources Committee to not confirm the appointments of Mr. Bower and Ms. Andrew to the BOF. TAPE 94-51, SIDE B Number 000 MYRON NANENG, PRESIDENT, AVCP, testified via teleconference and stated the March BOF meeting was the third meeting to address conservation concerns. He stressed the BOF voted to ignore the sustained yield principle and the requirements of the State Constitution. He pointed out that Kay Andrew and Dick Bower ignored the fact that Area M is part of the migratory route of the chum salmon now in trouble. He felt these actions reflect a problem with the BOF system. Comments such as "the fishery a thousand miles away does not have any impact on the fishery in the AYK area" makes him wonder if the BOF is going to wait until the complete elimination of those types of fish before any action is taken. He gave an example of conservation efforts in regard to migratory birds. MR. NANENG felt these type of situations and actions have to be looked at when considering people for the BOF. If this problem continues to be ignored, the people affected by this system are going to be looking at the Endangered Species Act for their protection. AVCP requests the House Resources Committee to oppose the appointments of Kay Andrew and Dick Bower who have further placed people into federal management and given them more reason to do so because currently, federal management is the people's only alternative to protect the resource and their livelihood. He stressed people should not be scolded by the BOF Chair for pleading to have food on their tables. AVCP does not support Ms. Andrew or Mr. Bower because they voted to eliminate a resource of the state. Number 042 ARTHUR NELSON, FISHERIES SPECIALIST, KAWERAK, INC., testified via teleconference and stated with the outcome of the March BOF meetings, it seems it will be business as usual for the Area M fishermen. He said when Kay Andrew and Dick Bower voted against the reduction in the chum cap, they essentially voted against the state's sustained yield policy and subsistence use priority. He felt the March BOF meetings failed to do much about the real problem at hand. The BOF was shown there is a link between a decline in western Alaska chum salmon runs and the commercial interceptions occurring within Area M. He pointed out little was done to solve the problem, except to place more restrictions upon the terminal fishermen of AYK who are already carrying the full burden of conservation. MR. NELSON stated when basing decisions on little information, it seems logical to error on the side of conservation. The BOF members voting against the 300,000 chum cap erred on the side of economics. He quoted a statement which Kay Andrew made before the BOF voted on the cap where she put the potential economic impacts of Area M above the sustained yield for the depressed chum stocks. She said, "Is it worth taking that away from the people in the North Peninsula and causing them gigantic financial difficulties for twenty fish in the Snake River." He stressed 20 fish is highly significant to such a severely depressed stock such as the Snake River. MR. NELSON stressed the issue was not only about 20 fish for the Snake River. He stated according to the data which was before the BOF in March, a cap meant up to 43,000 fish for the Yukon, 42,000 for the Kuskokwim, and 16,000 for the Norton Sound. He recalled at the Monday morning House Resources Committee meeting, Ms. Andrew stated incorrectly that the reduced chum cap would only mean an extra 4,000 fish for AYK. He pointed out the reduction in the chum cap would actually give 98,000 chum salmon back to the AYK area. He also recalled that Ms. Andrew and Mr. Bower had mentioned troll bycatch at that earlier meeting. He felt those comments were an effort to draw attention away from the issue which was before them in March. He said troll bycatch may very well be another cause for the chum decline but that was not up to the BOF, but rather Area M was and it was shown to be an interception problem. MR. NELSON commended Commissioner Rosier and Larry Engel for their willingness to take a stand on the conservation of chum salmon in western Alaska. He felt Ms. Andrew and Mr. Bower failed to heed the recommendations of the department and see the urgency of the problem. He expressed opposition to the confirmation of Kay Andrew and Dick Bower and supports Larry Engel's confirmation. Number 080 EILEEN NORBERT, EXECUTIVE DIRECTOR, KAWERAK, INC., testified via teleconference and strongly urged committee members to not confirm Kay Andrew and Dick Bower for the BOF. Kawerak, Inc. supports the confirmation of Larry Engel. She stressed there is a critical conservation problem in Norton Sound and noted that Norton Sound chum salmon are the most depressed stocks in western Alaska and have been so for the longest period of time. Subsistence fishing has been closed to the Nome subdistrict for the past three years, last year Elim was closed down, and next year the area biologists predict subsistence fishing will have to be shut down in Golovin. MS. NORBERT stated ADF&G has acknowledged all regulatory measures implemented to address the situation have not worked. There have been no subsistence fish in the Snake River for many years and last year, only 317 fish escaped. She said people tend to forget that the Area M chum harvest is a bycatch. The chum cap was put into effect as a conservation measure. She felt Area M is treated like a sacred cow which cannot be touched. She pointed out that Ms. Andrew and Mr. Bower did not hesitate to vote for more restrictions on the AYK area. She noted that residents in the AYK area are willing to do their part. However, neither Ms. Andrew or Mr. Bower voted to reduce the Area M bycatch, which showed a dereliction of duties considering what the State Constitution, stated regulations and the BOF mixed stock policy all say about conservation being first, subsistence priority next and then other uses later. MS. NORBERT stated all that is desired is good judgment and fair treatment. She felt Ms. Andrew was contradictory on what she said at the March meeting and what she said at Monday's House Resources Committee meeting. Number 132 CHARLES SLATSKY, UNALAKLEET, testified via teleconference and stated he is a subsistence and commercial fisherman. He expressed opposition to the confirmation of Kay Andrew and Dick Bower to the BOF. He stressed Alaska needs a BOF Chair who looks at the entire state and regional complexities and he felt Ms. Andrew does not have that capability. He said at the March BOF meetings, Ms. Andrew (indiscernible) regarding the Area M chum cap. He noted Ms. Andrew contradicts herself. At the most recent Kawerak Board of Elders meeting, she said she would support the subsistence effort at the BOF meeting, yet did not do so. He felt Ms. Andrew has a callused attitude toward ADF&G staff, who gave her a recommendation to lower the chum cap and gave proof there is a scientific link between Area M and the AYK area. He remarked that Mr. Bower has the same attitude toward the AYK region. He stressed Alaska needs two effective BOF members who will look at the whole picture. Number 160 DEBBIE GIFFORD, MEMBER, PORT ALEXANDER FISH AND GAME ADVISORY BOARD, testified via teleconference and expressed support for the confirmation of Kay Andrew. She saw Ms. Andrew at work at the Ketchikan January BOF meetings and felt Ms. Andrew conducted herself in a professional manner, was easy to approach with questions, and was attentive and responsive to concerns expressed. She pointed out that Ms. Andrew did not hesitate to ask questions if she was not clear on a subject. DENNIS LONGSMITH, PORT ALEXANDER, testified via teleconference and expressed support for the confirmation of Kay Andrew to the BOF. He stated Ms. Andrew represents Southeast Alaska and commercial fisheries. He felt it is important to have all groups and areas represented on the BOF and therefore, he does not oppose the confirmations of Larry Engel or Dick Bower. He said at the January BOF meetings in Ketchikan, he found Ms. Andrew to be attentive, approachable, and considerate in deliberations. Number 185 ROBERT JAHNKE, WARD COVE, testified via teleconference and expressed support for the confirmation of Kay Andrew. He said he had witnessed Ms. Andrew over the years and the key word with Ms. Andrew is integrity. He also felt Ms. Andrew is intelligent and fair. He stated Ms. Andrew makes fair decisions and is familiar with all of the regions in the state, as well as the controversies and problems at hand. He expressed support also for the BOF and Advisory Board processes. KATIE FISHER, KETCHIKAN, testified via teleconference and noted her husband has been a commercial fisherman in Southeast Alaska for 20 years. She and her husband both support the confirmation of Kay Andrew to the BOF because she provides the best representation for southern Southeast Alaska fisheries. Number 216 CHESTER DURAND, CHAIRMAN, ALASKA RESIDENT SPORT ANGLERS ASSOCIATION (ARSAA), expressed opposition to the confirmation of Larry Engel and Dick Bower. ARSAA believes Mr. Engel and Mr. Bower both have strong ties to the commercial charter fishing industry and therefore cannot support the resident sport anglers and subsistence users. It is felt Mr. Engel and Mr. Bower will go forward with the commercial charter industry first and then whatever is left over will go back to the personal use fishermen. KATE TROLL, EXECUTIVE DIRECTOR, SOUTHEAST ALASKA SEINERS ASSOCIATION, said committee members will probably think because her association is a commercial group, it will automatically support Kay Andrew's confirmation. She stressed it is not automatic because the seiners and gillnetters have a history of long, controversial allocation battles in Southeast Alaska and when Ms. Andrew's name came up, there were concerns and questions. She stated Ms. Andrew was observed at the Ketchikan BOF meetings and after that meeting, the Southeast Alaska Seiners Association Board voted unanimously to support Ms. Andrew. Ms. Andrew treated Ms. Troll's board fairly and openly and asked good questions. It was felt that Ms. Andrew had the interest of all users in mind. The fact that Ms. Troll's board supports Ms. Andrew, after a history of confrontation with the other gear group, speaks well of her ability to go forward and serve the state. Number 256 JOSEPH JOLLY, PRESIDENT, UNITED COOK INLET DRIFT ASSOCIATION (UCIDA), testified via teleconference and expressed support for the confirmation of Kay Andrew and opposes the confirmations of Larry Engel and Dick Bower. He said letters contained in committee members' folders indicate a neutral position on Mr. Bower but after Monday's House Resources Committee meeting and Mr. Bower's response to a question posed by Representative Nicholia, the UCIDA Board voted unanimously to oppose the confirmation of Dick Bower. Number 268 KARL KIRCHER, KASILOF, VICE PRESIDENT, KENAI PENINSULA FISHERMEN ASSOCIATION (KPFA), testified via teleconference and expressed opposition to the confirmation of Dick Bower to the BOF. He said Mr. Bower's appointment is a continuation of a promise Governor Hickel made when running for office to curtail the commercial fishery in Cook Inlet in favor of sport fishing. He said Mr. Bower has shown no previous commitment to become involved in Alaska fisheries issues prior to this allocation issue. Mr. Bower's appointment came from the short list supplied to the Governor by Bob Penney, who continues to call the Governor on his campaign promise. The furor orchestrated by Mr. Penney with his Cook Inlet allocation bill, as well as continued requests for an agenda change to address Cook Inlet issues at the BOF, created an atmosphere in which Mr. Bower's appointment was made with one issue in mind. MR. KIRCHER stated although seemingly (indiscernible), Mr. Bower's appointment for the above reasons could have been mere speculation if it had not been for his testimony before the committee on Monday. Mr. Bower stated in no uncertain terms that he does carry a preconceived agenda on allocation issues; that being the commercial allocation is always the lowest priority. Mr. Bower had stated, "Based on that approach to it, I would say that commercial allocation then becomes, if you will, the lowest priority." MR. KIRCHER thought in Mr. Bower's mind, the allocations criteria given to the BOF by the legislature should be forgotten and his own approach should be used, socking it to the commercial fisherman. When asked by Representative Nicholia to speak on subsistence, commercial fishing, and sustained yield in regard to mixed stock fisheries, Mr. Bower turned his answer into a monologue on sport fishing priorities. Mr. Kircher noted that Mr. Bower had stated, "In the underlying existing circumstances that the number one allocation after spawning and subsistence is noncommercial use." For that reason, Mr. Kircher opposes Mr. Bower's confirmation. If Mr. Bower is to serve on the BOF, these underlying circumstances along with his appointment and his agenda will affect all of his decisions. MR. KIRCHER felt the BOF has too great of (indiscernible) and too much important work to do to give up one of the seats to a person with such a narrow focus. He said Mr. Bower failed to take (indiscernible) long enough to answer Representative Nicholia's question and instead used the opportunity to (indiscernible). KPFA is not opposed to Mr. Bower's confirmation because he is a sport fishing representative, but because he approaches his task without being objective and does not bring expertise to the board, but instead advocacy to the BOF process. He stressed there are many confident individuals who could bring the sport fish perspective to the BOF and participate objectively as the board addresses tough allocation questions. KPFA does not believe Mr. Bower is one of them. Number 320 HENRY MITCHELL, EXECUTIVE DIRECTOR, BERING SEA FISHERMEN'S ASSOCIATION (BSFA), testified via teleconference and expressed opposition to the confirmation of Kay Andrew for the BOF. He stated Ms. Andrew's performance at the recent BOF meeting was one of the worst performances by a Chair he has ever witnessed. He pointed out Ms. Andrew used her position to congratulate witnesses who were attacking the commissioner and his staff, and turned the meeting into a vehicle to denounce the commissioner. He recalled someone earlier had mentioned ADF&G has the finest staff in the nation. BSFA feels that is true. BSFA also believes the ADF&G staff took the best available information and informed the BOF they had serious conservation concerns needing to be addressed. Ms. Andrew, in her position as Chair, manipulated the BOF, confused the issues, and put the BOF in a position of not taking any action on one of the most serious conservation issues facing the state. MR. MITCHELL stated it is interesting that everyone is commenting on why they may or may not like the appointees and he observed that people like certain people because they represent an interest. He asked who is there to represent the fish, which is the first mandate in the State's Constitution and also mandated in the mixed stock policy. He stressed the BOF is ignoring the mandates. BSFA believes that Ms. Andrew knows what the law is but has decided to ignore it for fear that any precedence set in the Area M fishery, would ricochet and hit every commercial fishery in the state. If there are conservation concerns in other areas of the state, the BOF has to be in a position of dealing with them. He stressed the fish come first, not the petty allocation battles between commercial and sport fishing. Number 372 HAROLD SPARCK, BETHEL, testified via teleconference and stated he and his family are subsistence fishermen dependent on the run of chum salmon into western Alaska. He said he is also knowledgeable about the history of state allocation decisions and the federal fisheries in regard to how fish are managed to provide for sustained yield. At the recent BOF meetings, Ms. Andrew was very hostile to ADF&G and people from western Alaska, who were concerned about fish being put back into spawning streams, having future runs, and trying to put food on their family's table for subsistence. MR. SPARCK spoke with Ms. Andrew at the meeting and questioned her about her premises and Noyes Island came up. He noted that Noyes Island is a very controversial fishery in Southeast Alaska and is a source of irritation to Southeast Alaska people in regard to the Pacific Salmon Treaty. He asked Ms. Andrew why Noyes Island was in her mind when she was looking at western Alaska and in response, she talked about a domino effect. She said anything done in Area M was going to affect Noyes Island and would similarly affect Kodiak. He stated these three areas are fisheries conducted on mixed stocks of fish. He noted Ms. Andrew went into the meeting, which dealt specifically with the regional issue of the bycatch of chum salmon down from western Alaska's spawning streams, with the idea that she had to take actions to protect Noyes Island. MR. SPARCK said based on the way that Ms. Andrew conducted herself at the meeting as Chair, the way she asked questions, and berated witnesses and the commissioner, it was clear she had other intentions. Therefore, he does not support Kay Andrew's confirmation. Number 431 PAGE HERRING, BOARD MEMBER, NORTHERN DISTRICT SETNETTERS ASSOCIATION (NDSA), testified via teleconference and expressed opposition to the confirmation of Kay Andrew and Dick Bower to the BOF. NDSA believes both appointees have been easily swayed by the big intercept fisheries and have refused to look at terminal (indiscernible) interest. She said Mr. Bower's focus apparently does not go beyond the (indiscernible) in Cook Inlet. NDSA feels when it comes to decisions about Cook Inlet, Mr. Bower will probably look at the Kenai only and ignore not only the commercial setnetters in the northern district but also the Mat-Su Borough sport fishermen. NDSA is also extremely upset over Ms. Andrew's and Mr. Bower's reluctance to apply the mixed stock policy to the Kodiak/Shelikof Straight issue. MS. HERRING recalled in Monday's committee meeting, Ms. Andrew had said she kept hearing from the public that they wanted a task force. She wondered which public Ms. Andrew had talked to because the Cook Inlet people clearly wanted a vote and an application of the mixed stock policy. Ms. Andrew had indicated to several people that she was afraid to do that because of the implications in the AYK/Area M dispute. Number 460 FRANK CHARLES, EXECUTIVE DIRECTOR, COASTAL AND IN-RIVER FISHERIES ALLIANCE (CIRFA), testified via teleconference and expressed opposition to the confirmation of Kay Andrew and Dick Bower to the Alaska BOF. At the beginning, CIRFA's involvement and understanding of the appointees' views and philosophy on fisheries management in the state was a positive one. He said unfortunately, by voting against a chum cap in Area M based on faulty and political reasoning clearly demonstrated Mr. Bower and Ms. Andrew are not capable of seeing through the background noise, which is always a problem at BOF meetings, nor willing to vote or deliberate for the protection of migrating western Alaska chum salmon. He noted Mr. Bower and Ms. Andrew were also not supportive of any restrictive measures in the Kodiak/Shelikof Straight fishery to protect migrating Cook Inlet bound sockeye, placing those sockeye at the mercy of targeting by the Kodiak fleet. By voting to establish a task force to address this continued intercept fishery only delays and compounds an ongoing problem. MR. CHARLES stated it was evident that Ms. Andrew was willing to protect Southeast Alaska from the possibility of the same types of measures being adopted there some time in the future. CIRFA believes that the AYK area and the (indiscernible) chum salmon in the north Shelikof (indiscernible) intercept of (indiscernible) sockeye are (indiscernible) problems which should be addressed separately from any other regions in the state. He stressed the problem with depressed chum salmon stocks should be based on biological facts and solutions, not on an economic or political basis. He pointed out that Ms. Andrew's comments on Monday were not reflective of the true situation. CIRFA believes Ms. Andrew's and Mr. Bower's lack of experience and leadership will and can be a detriment to the public process established by previous Boards. MR. CHARLES commented that neither Ms. Andrew nor Mr. Bower have demonstrated they can work with (indiscernible) on the board. He said the state should place people on the BOF who care for the state's most important renewable resource and look at every measure and action to keep the resources. Number 525 NEVIN MAY, KETCHIKAN, testified via teleconference and stated he is a 28 year commercial fisherman. He expressed support for the confirmation of Kay Andrew to the BOF. He has known Ms. Andrew for many years and knows her to be a person who will listen to all sides and make fair and equitable decisions for everyone involved. HAROLD HELFRICH, KETCHIKAN, testified via teleconference and expressed support for the confirmation of Kay Andrew to the BOF. He said Ms. Andrew has a wealth of knowledge and experience in all Alaska fishery issues. He felt Ms. Andrew will be a valuable member of the BOF who will be able to make fair decisions and a person who will represent all of Alaska. DEAN PADDOCK, REPRESENTATIVE, BRISTOL BAY DRIFTNETTERS ASSOCIATION, stated what is being discussed is the present BOF process, which is unique and has worked well since statehood. He noted the most recent meetings of the BOF have been difficult and contentious. He stressed he was not pleased with the action the BOF failed to take at the March meeting concerning Area M. In his opinion, two of the three appointees voted wrong. He believed there was a scientific link demonstrated and every intercept fishery should share in the pain when there is a stock faced with a crisis. However, he is not ready to oppose the confirmations of any of the appointees because of the difficulty and complexity of the issues involved. MR. PADDOCK stated the BOF process is unique and he is not ready to see it eliminated. He felt urging the rejection of a new member because of a vote on one issue, even though it is the most important issue ever to come before the BOF, will mean coming back to the legislature and arguing about every appointment. He predicted if that happens, the legislature will be considering a professional, full-time board. He stressed Alaska fishery issues are the most extensive anywhere in the U.S. If the BOF is going to be a lay board, there is a need to see a much higher level of professionalism on the part of the ADF&G staff. While he agrees that the ADF&G staff is the finest in the U.S., they need to get their act together even more because as indicated at the last BOF meeting, board members do not always accept the information given by ADF&G. He noted each BOF member is being hammered on by competing fisheries interests, and their vote is a demonstration of which contending interest they give the most credence to. Number 648 JERRY MCCUNE, PRESIDENT, UNITED FISHERMEN OF ALASKA (UFA) expressed support for the confirmation of Kay Andrew and opposed the confirmations of Larry Engel and Dick Bower. He acknowledged being a member of the BOF is not an easy job and expressed appreciation to the appointees for addressing one of the most controversial issues in the state. He felt there must be some commercial fishing expertise on the BOF and it has been frustrating to see every appointee, who has any commercial fishing background, eliminated. MR. MCCUNE stated on Monday, Mr. Bower put the Alaska commercial fishermen below the nonresident fishermen. He felt Mr. Bower does not understand the State's Constitution and the policies of the BOF. According to Mr. Bower, he (Mr. McCune), as an Alaska commercial fisherman, is below anyone who comes to the state to fish, including sport fishermen, commercial fishermen, etc. He said most of the writings by Mr. Engel pertain to the Cook Inlet fishery. Mr. McCune questions whether or not Mr. Engel can change his philosophy indicated in his writings--doing away with commercial fishing in Cook Inlet. He thought many of Mr. Engel's writings are damaging to commercial fishing. He also wondered if Mr. Engel can be open minded. MARY HELFRICH, KETCHIKAN, testified via teleconference and expressed support for the confirmation of Kay Andrew. She felt Ms. Andrew is needed on the BOF. Ms. Andrew has a wealth of knowledge of the history of Alaska's fisheries and is fair and openly listens to all testimony. She said Ms. Andrew is quite capable of weighing testimony and making a decision. She reminded committee members that the BOF represents all of Alaska and she feels Ms. Andrew balances the board. DAVID BRAY, SECRETARY/TREASURER, UNITED SOUTHEAST ALASKA GILLNETTERS, testified via teleconference and expressed support for the confirmation of Kay Andrew. He felt Ms. Andrew is fair and will not bow to any pressure from various fishing groups. TAPE 94-52, SIDE A Number 000 ROLLO BRAY, KETCHIKAN, testified via teleconference and expressed support for the confirmation of Kay Andrew. He stated he has lived in Ketchikan for 55 years and he does not know of anyone there who is against Ms. Andrew. AL WICKENS, KETCHIKAN, testified via teleconference and expressed support for the confirmation of Kay Andrew. He felt Ms. Andrew is a competent and knowledgeable person, able to make a tough decision. He said not everyone is going to receive a favorable vote and if they did, the BOF would be ineffective and not have the ability to manage. GREG RICE, KETCHIKAN, testified via teleconference and expressed support for the confirmation of Kay Andrew. He stated in watching Ms. Andrew work at the BOF meeting in Ketchikan, he could see that she is clear thinking, articulate, and acts conscientiously in making decisions affecting subsistence, sport, and commercial fishing issues. Number 023 KEN DUCKETT, KETCHIKAN, testified via teleconference and expressed support for the confirmation of Kay Andrew. He recalled that it was stated earlier that somehow district 4/Noyes Island seine fishery and the general Southeast Alaska fisheries influenced the decision Ms. Andrew made on Area M. He stressed that is not possible. He said the gillnetters fish behind the seiners. If Ms. Andrew was going to make any decision which would somehow be influenced by the fishery she is in, she would not be supporting a mixed stock fisheries or the intercept fisheries. Rather, she would be voting the other way. He felt that Ms. Andrew reviewed the facts, weighed the evidence and made a decision she felt was right. LARRY ENGEL, APPOINTEE, BOARD OF FISHERIES, testified via teleconference and stated there has been criticism of Kay Andrew. He felt Ms. Andrew runs a good meeting and has done a good job. He did not feel she has been hostile to any individual. DICK BOWER, APPOINTEE, BOARD OF FISHERIES, testified via teleconference and agreed with Mr. Engel's comments. He felt Ms. Andrew did an excellent job presiding over a very difficult BOF meeting. He stressed he is not seeking a position on the BOF to represent any special interest and if confirmed, he will do what he can to do what is in the best interest of the resource and of the people of the state. KAY ANDREW, KETCHIKAN, testified via teleconference and stated she went into the chairmanship of the BOF quite surprised that she was even considered by her fellow board members. She has tried to learn very rapidly how to conduct a meeting. One of things she was told was that she was not exerting her power as chairman. She did not think being chairman of the BOF meant having any special privileges, other than trying to keep the meeting going in an easy manner. She said if she did direct the BOF in the manner which Mr. Mitchell testified, then she must be better at it than what she realized. She stated she polled the BOF several times trying to get their feelings and never made any decisions by herself. MS. ANDREW felt she is being opposed because of her vote on the chum salmon cap. In all the testimony heard, no one has mentioned all of the measures the BOF took and on which she voted for to save chum salmon. She noted it has been stated that Area M has not shared in the burden, which is not true. One of the tools given to ADF&G was the authority to regulate the fishery in Area M and lessen the chum cap. MS. ANDREW stressed she has always placed her personality and her life, and raised her children on her integrity and honesty. She said the easy way out would have been to vote for the 300,000 chum salmon cap, which would have assured her of sitting in the BOF chairmanship position. She chose not to do that because she felt with all of the information received, all the testimony heard, and the other things which were done gave the department the authority to regulate that fishery along with the others intercepting. Number 140 REPRESENTATIVE HUDSON made a MOTION to MOVE the appointees of the Board of Fisheries, Board of Game, Big Game Commercial Services Board, Commercial Fisheries Entry Commission, and Oil and Gas Conservation Commission out of committee with INDIVIDUAL RECOMMENDATIONS. CHAIRMAN WILLIAMS asked if there were any objections. Hearing none, the MOTION PASSED. ANNOUNCEMENTS CHAIRMAN WILLIAMS announced the committee will meet on Friday, April 15 at 8;15 a.m. to hear SB 310. ADJOURNMENT There being no further business to come before the House Resources Committee, Chairman Williams adjourned the meeting at 10:11 a.m.
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