Legislature(2001 - 2002)

05/03/2002 03:40 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE RESOURCES COMMITTEE                                                                                 
                           May 3, 2002                                                                                          
                            3:40 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Torgerson, Chair                                                                                                   
Senator Gary Wilken, Vice Chair                                                                                                 
Senator Robin Taylor                                                                                                            
Senator Ben Stevens                                                                                                             
Senator Kim Elton                                                                                                               
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Rick Halford                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Confirmation Hearings                                                                                                         
                                                                                                                                
Board of Fisheries                                                                                                              
     Art Nelson                                                                                                                 
     Gerry Merrigan                                                                                                             
     Brett Huber                                                                                                                
Commercial Fisheries Entry Commissioner                                                                                         
     Mary McDowell                                                                                                              
                                                                                                                                
SENATE BILL NO. 371                                                                                                             
"An Act exempting the use of munitions in certain areas from a                                                                  
waste disposal permit requirement of the Department of                                                                          
Environmental Conservation."                                                                                                    
                                                                                                                                
     MOVED CSSB 371(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 371 - No previous action to consider.                                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Joe Balash                                                                                                                  
Staff to Senator Therriault                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on SB 371 for the sponsor.                                                                      
                                                                                                                                
Ms. Pam Miller                                                                                                                  
ACAT                                                                                                                            
505 W. Northern Lights                                                                                                          
Anchorage AK 99501                                                                                                              
POSITION STATEMENT: Opposed SB 371.                                                                                           
                                                                                                                                
Mr. Steve Cleary                                                                                                                
Alaska Public Information Research Group                                                                                        
POB 101093                                                                                                                      
Anchorage AK 99501                                                                                                              
POSITION STATEMENT: Opposed SB 371.                                                                                           
                                                                                                                                
Ms. Nancy Hillstrand                                                                                                            
POB 170                                                                                                                         
Homer AK 99603                                                                                                                  
POSITION STATEMENT: Opposed SB 371.                                                                                           
                                                                                                                                
Mr. Tom Chapple, Director                                                                                                       
Division of Air and Water Quality                                                                                               
Department of Environmental Conservation                                                                                        
555 Cordova St.                                                                                                                 
Anchorage AK 99501                                                                                                              
POSITION STATEMENT: Commented on SB 371.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-25, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN  JOHN TORGERSON  called  the Senate  Resources  Committee                                                            
meeting to  order at 3:40 p.m.  and announced the  committee would                                                              
first  take up  Mary McDowell's  reappointment  to the  Commercial                                                              
Fisheries Entry Commission (CFEC).                                                                                              
                                                                                                                                
MS.  MARY MCDOWELL  told  members  she has  been  nominated for  a                                                              
second  term.   She  has  experienced   the  fisheries   from  the                                                              
government side  as a legislative staffer  for 16 years  and was a                                                              
fish buyer  in a rural community  for 18 years. She learned  a lot                                                              
in her first term  in office and hopes to have  the opportunity to                                                              
use that experience during a second term.                                                                                       
                                                                                                                                
SENATOR LINCOLN asked why she wanted to be reappointed.                                                                         
                                                                                                                                
MS.  MCDOWELL replied  that this  is a  career job,  but she  also                                                              
believes  that  she has  something  to  contribute and  she  cares                                                              
deeply  about the fishing  industry  in the state.  She added,  "I                                                              
think it's one of  the most important things we have  going as far                                                              
as  a sustainable  economy  that creates  a  lot of  jobs in  this                                                              
state. It's  at a transition  point right  now and I  would really                                                              
like  to be  part  of helping  everyone  work  through these  next                                                              
couple of years."                                                                                                               
                                                                                                                                
SENATOR  ELTON  said  he  hadn't  heard  any  opposition  to  Mary                                                              
McDowell's  reappointment. He thought  Mary would  be an  asset in                                                              
getting  through  the  challenges  facing  the  fishing  industry,                                                              
especially in the salmon fisheries.                                                                                             
                                                                                                                                
CHAIRMAN  TORGERSON said  that Ms.  McDowell has  helped him  over                                                              
some hurdles and has been a pleasure to work with.                                                                              
                                                                                                                                
SENATOR LINCOLN moved  to forward the nomination  of Mary McDowell                                                              
to the  full Senate  for consideration.  There were no  objections                                                              
and it was so ordered.                                                                                                          
                                                                                                                                
          SB 371-WASTE PERMIT & COASTAL ZONE EXEMPTIONS                                                                     
                                                                                                                              
CHAIRMAN TORGERSON announced SB 371 to be up for consideration.                                                                 
                                                                                                                                
MR. JOE  BALASH, staff  to Senator  Therriault,  said SB 371  came                                                              
about  after  the  U.S.  Army  contacted   Senator  Therriault  in                                                              
relation to the  passage of SB 356. On April 12,  2002, a group of                                                              
people sued  the U.S.  Army for allegedly  operating an  artillery                                                              
range without  obtaining  a waste disposal  permit. In  discussing                                                              
the  matter  with the  Department  of  Environmental  Conservation                                                              
(DEC), department  staff said they never interpreted  the statutes                                                              
to  require a  waste disposal  permit for  operating an  artillery                                                              
range.  Rather than  chance  having a  federal  judge interpret  a                                                              
state  law  in a  particular  way,  the  Army requested  that  the                                                              
legislature make it clear in statute  that a waste disposal permit                                                              
is not required  on an active range.  He said the House  adopted a                                                              
committee substitute (CS) in a companion  bill that clarifies that                                                              
this language would cover state and private ranges as well.                                                                     
                                                                                                                                
SENATOR  LINCOLN said  she has  concerns  because live  ammunition                                                              
exists on some  military ranges, therefore fires  cannot be fought                                                              
on those ranges.  She said she has heard repeated  concerns in her                                                              
district  that the  military  is  not cleaning  up  its site.  She                                                              
stated, "I  am concerned that we  are taking another check  off of                                                              
having a waste  disposal permit. I don't know what  the problem is                                                              
with getting  a permit for  the military." She  questioned whether                                                              
the process  is time  consuming and  why this  bill is before  the                                                              
legislature.                                                                                                                    
                                                                                                                                
MR.   BALASH  said   that  regarding   the  unexploded   munitions                                                              
ordinance,  DEC has testified  that it  fully intends to  maintain                                                              
its ability  to maintain oversight  of it. In addition,  this bill                                                              
will  not  restrict  DEC's  ability   to  continue  to  deal  with                                                              
contaminated  areas. He  pointed  out the  lawsuit  is asking  the                                                              
judge to consider  projectiles as waste. DEC's  current definition                                                              
of solid waste doesn't apply to projectiles.                                                                                    
                                                                                                                                
MS.  PAM MILLER  said she  represented the  plaintiffs. The  major                                                              
points  they are seeking  in this  litigation  are to define  what                                                              
portions of  the Federal  Clean Water Act  and other  federal laws                                                              
apply to this range and to cleanup  the unexploded ordinance under                                                              
the Superfund  law. Her group tried  to settle this matter  out of                                                              
court.  They  know  the  Army  has  more  than  10,000  unexploded                                                              
munitions in and around the Eagle  River flats and the toxicity of                                                              
those  munitions poses  a danger  to  wildlife and  people in  the                                                              
area. The exemption  from existing state law is  not necessary and                                                              
would  undermine the  state's  authority to  administer  pollution                                                              
control  laws  and  endanger  state   program  certification.  The                                                              
Department  of Defense  is also seeking  exemptions under  federal                                                              
law. She opposed passage of SB 371.                                                                                             
                                                                                                                                
MR.  STEVE  CLEARY,  Alaska  Public   Information  Research  Group                                                              
(AkPIRG), stated opposition to SB 371 and said:                                                                                 
                                                                                                                                
     No  agency should  be above  the  law, particularly  one                                                                   
     responsible  for   six  different  [indisc.]   sites  in                                                                   
     Alaska,  which  the  military  is  responsible  for  and                                                                   
     should  be held  accountable  to. We  hear our  Governor                                                                   
     talk a lot about doing development  right and I think we                                                                   
     need  to  apply  that  to the  U.S.  military  as  well,                                                                   
     particularly  when they are  creating public health  and                                                                   
     safety hazards.                                                                                                            
                                                                                                                                
MR. CLEARY  said he couldn't understand  the purpose of  this bill                                                              
other than  to avoid  responsibility for  cleaning up Eagle  River                                                              
flats and to avoid being held accountable in a court of law.                                                                    
                                                                                                                                
MS. NANCY HILLSTRAND  opposed SB 371. She said it  is a health and                                                              
safety issue and,  as the other speakers have  said, U.S. citizens                                                              
have the responsibility  to keep everything clean  and orderly and                                                              
the  U.S. Government  should be  a shining  example of  how to  do                                                              
business.                                                                                                                       
                                                                                                                                
MR.  TOM CHAPPLE,  Director, Division  of Air  and Water  Quality,                                                              
DEC, said the  bill before them actually covers  several functions                                                              
at  DEC, both  its  Solid Waste  Program,  its Contaminated  Sites                                                              
Program and wastewater permitting.  He said he has three points to                                                              
make.  First, the  legislation  makes  changes to  the  permitting                                                              
authority  for an  activity that  in their  view does  not need  a                                                              
permit.  DEC doesn't  intend to  require permits  for the  current                                                              
activities on an  active military firing range  or training range.                                                              
DEC's current  reading of existing  law is that  current practices                                                              
do  not  constitute solid  waste  and  do  not require  a  permit.                                                              
However, once  a site is  closed, DEC  may require a  site closure                                                              
plan.                                                                                                                           
                                                                                                                                
The second  point is, that  while no  permit is required  for this                                                              
activity, DEC has  other responsibilities in primarily  two areas.                                                              
First, if  the range activity causes  pollution, even if  the site                                                              
is still  active, DEC  has an obligation  to address  that problem                                                              
with the  Army. Furthermore, upon  closure of the range,  DEC will                                                              
ensure that the site poses no ongoing  threat to the health or the                                                              
environment. It's  clear that this legislation is  not intended to                                                              
affect  DEC's ability  to  deal with  contamination  at an  active                                                              
firing range should  contamination pose a risk. DEC  has worked in                                                              
the  past with  the  Army to  determine  that  ingestion of  white                                                              
phosphorus  was killing  waterfowl and  as a result  the Army  has                                                              
quit  using white  phosphorous nationwide  where  it would  impact                                                              
wetlands.  In  addition, on  the  Eagle  River flats  the  problem                                                              
occurred only when the ground was frozen.                                                                                       
                                                                                                                                
Due  to  historic  hazardous substances  releases,  in  1994  Fort                                                              
Richardson was put on the Superfund  list and the Army, the State,                                                              
and EPA eventually signed a three-way  agreement that detailed how                                                              
the facility was going to be investigated and cleaned up.                                                                       
                                                                                                                                
His third  point was that there  is a significant  national effort                                                              
under way right now by the Department  of Defense to address what,                                                              
if  any, changes  to  national and  state  environmental laws  are                                                              
necessary  for  national  security  and  combat  readiness.    The                                                              
Department of Defense  addressed a meeting last  week in Wisconsin                                                              
of  all states'  environmental staff.  The  Department of  Defense                                                              
promised the  states that  the limitations it  is seeking  will be                                                              
surgical.                                                                                                                       
                                                                                                                                
He added  that SB 371  is not the result  of any problem  the Army                                                              
has had working  with DEC. While he worked cooperatively  with the                                                              
sponsor  and the  Army  on this  legislation  to  ensure that  the                                                              
language  does not  jeopardize other  important work  that DEC  is                                                              
doing, he is concerned that this  change might lead to litigation.                                                              
He urged committee members to consider  whether this would be more                                                              
appropriately done at a national level first.                                                                                   
                                                                                                                                
CHAIRMAN  TORGERSON  announced  an  at-ease  while  teleconference                                                              
equipment was being fixed. He called  the meeting back to order at                                                              
4:10 p.m.                                                                                                                       
                                                                                                                                
MR. CHAPPLE  asked the  committee to  consider that a  significant                                                              
effort is  underway at the national  level to try to  address what                                                              
exclusions  to   environmental  laws  are  necessary   for  combat                                                              
readiness.  He  asked the  committee  to  consider whether  it  is                                                              
appropriate to address  this issue at the state level  or to allow                                                              
the national level to take the lead.                                                                                            
                                                                                                                                
CHAIRMAN TORGERSON asked if it is  correct to say that Mr. Chapple                                                              
has no position  on the bill because it doesn't  really affect DEC                                                              
and that he does  not intend to permit military  ranges. If issues                                                              
with hazardous  materials or air  quality arise, he  would respond                                                              
to that anyway.                                                                                                                 
                                                                                                                                
MR. CHAPPLE said that is a very good summary of what he said.                                                                   
                                                                                                                                
SENATOR  ELTON asked  if DEC's  definition  of solid  waste is  in                                                              
statute or regulation.                                                                                                          
                                                                                                                                
MR. CHAPPLE replied that the definition  is in AS 46.03.900 and is                                                              
definition 25.                                                                                                                  
                                                                                                                                
SENATOR ELTON asked Mr. Chapple how  DEC deals with the Department                                                              
of  Transportation  and Public  Facilities  (DOTPF)  when it  does                                                              
avalanche work.                                                                                                                 
                                                                                                                                
MR. CHAPPLE  said DEC does not  require any permits  for avalanche                                                              
control. He  explained that the  definition of solid  waste hinges                                                              
upon  whether  the   waste  material  is  being   disposed  of  or                                                              
abandoned. Until a military site  is closed, the waste material is                                                              
not being disposed of or abandoned.                                                                                             
                                                                                                                                
SENATOR ELTON clarified that his  question surrounds the fact that                                                              
avalanche control  work is accomplished by firing  explosives into                                                              
cornices.                                                                                                                       
                                                                                                                                
MR. CHAPPLE said  DEC has never required a permit  for a discharge                                                              
out of an artillery weapon.                                                                                                     
                                                                                                                                
SENATOR STEVENS proposed a conceptual amendment (number 1) to:                                                                  
                                                                                                                                
Insert  "conventional  military"  on line  6,  after "of"  and  to                                                              
delete "active"  and insert  "designated  lived fire ranges".  The                                                              
reworded sentence would read:                                                                                                   
                                                                                                                                
     This  section does  not  apply to  discharges  resulting                                                                   
     from the  firing or other  use of conventional  military                                                                   
     munitions   in   training    activities   conducted   on                                                                   
     designated  live  fire  ranges operated  by  the  United                                                                   
     States  Department   of  Defense  or  a   United  States                                                                   
     military agency.                                                                                                           
                                                                                                                                
SENATOR LINCOLN asked how that would improve the bill.                                                                          
                                                                                                                                
SENATOR  STEVENS  responded  that  he talked  to  senior  military                                                              
officials  when  they  were  here for  the  Joint  Armed  Services                                                              
Committee.  In  the  Lauterbach  legal  opinion,  there  was  some                                                              
concern  about  the  definition  of  a live  fire  range  and  the                                                              
definitions of what munitions would  be exempt under this proposed                                                              
legislation. He explained:                                                                                                      
                                                                                                                                
     This essentially  confines it  to conventional  military                                                                   
     munitions and  leaves it at active designated  live fire                                                                   
     ranges.  Therefore, it doesn't  bring up any  indication                                                                   
     or allow anything to be considered  in terms of remedial                                                                   
     of sites that have occurred  in the past. It only occurs                                                                   
     to live sites and conventional military munitions.                                                                         
                                                                                                                                
SENATOR LINCOLN asked if the word "active" will be deleted.                                                                     
                                                                                                                                
SENATOR STEVENS said  that is correct and that it  will be changed                                                              
to designated.                                                                                                                  
                                                                                                                                
SENATOR LINCOLN  asked if that means  that a designated  live fire                                                              
range has to be an active designated live fire range.                                                                           
                                                                                                                                
SENATOR STEVENS  replied that the  explanation he heard is  that a                                                              
range  is either  a  designated range  or it's  not.  If it's  not                                                              
designated, it goes into a remedial work status.                                                                                
                                                                                                                                
SENATOR  THERRIAULT  said  the  bill   is  worded  to  also  cover                                                              
municipal rifle  ranges. His concern  is if it's limited  to apply                                                              
only  to military  ranges that,  by  omission, might  mean that  a                                                              
solid waste permit is now going to  be required on municipal rifle                                                              
ranges or at areas where hunters  traditionally site their rifles,                                                              
for example  at abandoned  DOTPF gravel pits.  He said  that might                                                              
create a problem for DEC at areas  where it does not require solid                                                              
waste permits.                                                                                                                  
                                                                                                                                
CHAIRMAN  TORGERSON  responded,  "Didn't  you  have  that  problem                                                              
before?"                                                                                                                        
                                                                                                                                
SENATOR THERRIAULT  replied that he thought the  wording was broad                                                              
enough.                                                                                                                         
                                                                                                                                
CHAIRMAN  TORGERSON   noted  the  amendment  says   firing  ranges                                                              
operated  by  the  Department  of   Defense.  He  said  the  House                                                              
Resources Committee added the word  "including" before "active" so                                                              
that it  reads, "including  active ranges  operated by  the United                                                              
States..."                                                                                                                      
                                                                                                                                
MR. BALASH  explained that  the House  Resources language  states,                                                              
"This  section  does not  apply  to the  firing  or  other use  of                                                              
munitions in training activities conducted on active ranges,".                                                                  
                                                                                                                                
MR. BALASH said  they could accommodate Senator  Stevens' language                                                              
following  the   comma  so  that   it  is  clear  it   applies  to                                                              
conventional military ordinance being  used on a designated range.                                                              
                                                                                                                                
SENATOR ELTON  said the problem seems  to be the language  on line                                                              
7, which limits activity.                                                                                                       
                                                                                                                                
CHAIRMAN TORGERSON  asked Mr.  Balash and Mr.  Chapple to  work on                                                              
that  language  while  the  committee  took  up  the  confirmation                                                              
hearings.                                                                                                                       
                                                                                                                                
                      CONFIRMATION HEARINGS                                                                                 
                                                                                                                                
CHAIRMAN  TORGERSON   said  the   committee  would  take   up  the                                                              
confirmation  of  Brett  Huber  to the  Board  of  Fisheries.  Mr.                                                              
Huber's seat will expire June 30, 2005.                                                                                         
                                                                                                                                
MR.  BRETT HUBER  said  he lives  in Soldotna  with  his wife  and                                                              
children  and is  an 18-year  Alaska  resident. He  noted, "A  big                                                              
reason, a big part  of what moved me to Alaska  is the opportunity                                                              
to participate in  hunting and fishing." He said  regarding why he                                                              
wants to serve  on the Board of  Fish, he sees it as  an extremely                                                              
important function  as Alaska's fisheries are an  integral part of                                                              
the  cultural,  social economic  fabric  of  Alaska. He  hopes  to                                                              
return something  in the form of  public service to  the fisheries                                                              
that  have  been  good  to  him. He  brings  some  skills  to  the                                                              
position.  He  believes  he  has   a  good  understanding  of  the                                                              
constitutional, statutory  and regulatory framework  for fisheries                                                              
in Alaska  and he understands  and has  participated in  the board                                                              
process. He said  that board members should be  able to facilitate                                                              
discussion.  He  said he  is  also  familiar with  the  management                                                              
agencies.   He  reviewed  his   professional  qualifications   and                                                              
provided  the committee with  a copy  of his  resume. He  noted he                                                              
omitted  one  affiliation that  being  that  he is  an  ex-officio                                                              
director of the Alaska Fisheries Development Foundation.                                                                        
                                                                                                                                
MR.  HUBER said  he is  currently  the executive  director of  the                                                              
Kenai  Sport  Fishing  Association  (KSFA)  whose  mission  is  to                                                              
preserve  the   Kenai  River  through  protecting   fish  habitat,                                                              
providing education and promoting  responsible sport fishing. KSFA                                                              
deals  with  angler  access,  conservation  and  public  education                                                              
issues. He  is an annual salaried  employee. He said  his position                                                              
is  not  dependent  upon  Board  decisions.  There  are  potential                                                              
conflicts, however,  as anyone would have with  public service and                                                              
those must be disclosed and ruled on by the Chair.                                                                              
                                                                                                                                
He has  been accused  of being against  consumptive use,  but that                                                              
would come  as a surprise to his  family and people who  know him,                                                              
who have  participated in fisheries  with him in various  areas of                                                              
the state,  who harvest,  prepare and eat  fish with him.  When he                                                              
has all  he can  eat, he participates  in the  sport and  lets the                                                              
fish  go.  He  has  also  been  accused  of  ignoring  science  or                                                              
advocating  for  positions  in conflict  with  sound  biology.  He                                                              
stated, "I  in no way  believe that public  opinion ought  to sway                                                              
sound science…"                                                                                                                 
                                                                                                                                
He said he has  also been accused of advocating for  the demise of                                                              
the  commercial  fisheries and  that  can't  be further  from  the                                                              
truth:                                                                                                                          
                                                                                                                                
     Commercial   fisheries   are  extremely   important   to                                                                   
     Alaska…I  think there are  some substantial hurdles  and                                                                   
     challenges  ahead  for the  Alaska salmon  industry  and                                                                   
     think   having  someone   that  brings   a  sport   fish                                                                   
     perspective is  willing to work  in that process  can be                                                                   
     beneficial as  we work to address those issues.  I don't                                                                   
     think  it's  the  Board's  job   to  come  up  with  the                                                                   
     solutions.  I  don't think  the  Board probably  can;  I                                                                   
     think  it's  going  to  take  a  lot  of  folks  working                                                                   
     together  and the  industry is  going to  have to  bring                                                                   
     some ideas  forward and it's the Board's  responsibility                                                                   
     to work through those ideas with them.                                                                                     
                                                                                                                                
TAPE 02-25, SIDE B                                                                                                            
                                                                                                                              
MR. HUBER said  a Board of Fish  member should listen to  all user                                                              
and gear groups,  rely on sound science, manage  conservatively if                                                              
information is lacking,  seek advice from the managers  on what is                                                              
considered sustainable,  etc. and fully consider  the implications                                                              
of the  board's decisions. The  process should be  transparent and                                                              
understandable, fair and consistent. He remarked:                                                                               
                                                                                                                                
     Mr. Chairman  and members of the committee,  should I be                                                                   
     confirmed to this important  position, I look forward to                                                                   
     doing  my  level best  to  meet those  expectations  for                                                                   
     others.  I  look  forward  to working,  if  I  have  the                                                                   
     chance, with my other appointees  and the four dedicated                                                                   
     folks  that  are continuing  their  service  and I'd  be                                                                   
     happy to try to answer any questions for you.                                                                              
                                                                                                                                
CHAIRMAN  TORGERSON said  he would  have  Mr. Huber  wait for  the                                                              
committee to deal with SB 371 and then come right back to him.                                                                  
                                                                                                                                
          SB 371-WASTE PERMIT & COASTAL ZONE EXEMPTIONS                                                                     
                                                                                                                              
CHAIRMAN  TORGERSON   announced  SB  371   to  be  up   again  for                                                              
consideration.                                                                                                                  
                                                                                                                                
SENATOR  STEVENS moved  to  withdraw Amendment  1.  There were  no                                                              
objections and it was so ordered.                                                                                               
                                                                                                                                
CHAIRMAN TORGERSON  noted that the language they  were considering                                                              
was House language that was adopted earlier in the meeting.                                                                     
                                                                                                                                
SENATOR TAYLOR moved to adopt Amendment 2.                                                                                      
                                                                                                                                
SENATOR  LINCOLN objected  and explained  that Amendment  2 is  so                                                              
broad that  it doesn't apply to  firing or other use  of munitions                                                              
in training activities conducted  on active ranges including those                                                              
by the military.  The sponsor stated it wasn't the  intent to have                                                              
municipalities involved in the exemption for firing ranges.                                                                     
                                                                                                                                
The  motion to  adopt Amendment  2 carried  with SENATORS  WILKEN,                                                              
TAYLOR,  STEVENS  and  CHAIRMAN TORGERSON  voting  in  favor,  and                                                              
SENATORS ELTON and LINCOLN opposed.                                                                                             
                                                                                                                                
SENATOR TAYLOR  moved to  pass CSSB  371(RES) from committee  with                                                              
individual recommendations.                                                                                                     
                                                                                                                                
SENATOR  ELTON objected,  saying that  the committee  had taken  a                                                              
bill  that addressed  a  very  discrete problem  and  dramatically                                                              
increased its  scope without  taking any testimony  at all  on the                                                              
impacts. He said  that he couldn't recall any  problems Juneau had                                                              
in establishing a safe and active firing rang. He added:                                                                        
                                                                                                                                
     The most  compelling testimony was  that we may be  in a                                                                   
     position  of making  a  change to  state  law, but  will                                                                   
     maybe need  to return following the national  initiative                                                                   
     that  is going  to try  to standardize  the rules  under                                                                   
     which the military operates.  I think we've broadened it                                                                   
     to  a great  extent and  we may  be getting  ahead of  a                                                                   
     process  that  will  hopefully  provide  a  standardized                                                                   
     method  for the military  to operate  when dealing  with                                                                   
     these issues.                                                                                                              
                                                                                                                                
SENATOR TAYLOR  said he  made the  motion to move  the bill  for a                                                              
specific purpose:                                                                                                               
                                                                                                                                
     My  son-in-law  serves today  as  a captain  in  Special                                                                   
     Forces  in the United  States Army.  He's based at  Fort                                                                   
     Cole  where he's doing  reviews of  special forces  unit                                                                   
     teams  that   come  through   and  go  through   various                                                                   
     difficult  training exercises and  he must review  them.                                                                   
     Those same young  men end up in places  like Afghanistan                                                                   
     and  other places  in the world  today. Before  shipping                                                                   
     them into  harms way, I want  them to have  every single                                                                   
     opportunity  available,  the   finest  training  we  can                                                                   
     provide. Alaska  retains its military bases  in light of                                                                   
     the  [indisc.] base  closures  primarily  because we  do                                                                   
     have  the  free  fire  training   ranges  that  we  have                                                                   
     available   for  that  personnel   in  this  state.   If                                                                   
     political  correctness is  going to  get in  the way  of                                                                   
     defending this nation, then  I want to be standing right                                                                   
     out in  front and  say I'm not  going to be  politically                                                                   
     correct on this one and I'm very proud of it…                                                                              
                                                                                                                                
SENATOR  WILKEN said  he wanted  to associate  himself with  those                                                              
remarks.  His son-in-law  is Major  Cameron Curry,  an A-10  pilot                                                              
stationed at Eielson Air Force Base.  He stated, "In no way, shape                                                              
or form would I sit at this table  while I do anything to diminish                                                              
his  training capabilities  unless there  is a  clear and  present                                                              
danger to the people of Alaska…"                                                                                                
                                                                                                                                
SENATOR ELTON  said he  didn't know  how to  begin to respond.  He                                                              
agreed  with   the  comments  from   the  previous   speakers.  He                                                              
personally trained on live fire ranges  and that training was very                                                              
beneficial to him  when he was in a live fire  zone in Vietnam. He                                                              
would hate to leave the impression  that his vote on this bill has                                                              
anything  to do  with  political correctness  or  with wanting  to                                                              
interfere  with the  training  mission of  the  U.S. military.  He                                                              
said:                                                                                                                           
                                                                                                                                
     We  have not  heard testimony  that  would even  suggest                                                                   
     that. So I want to make it very  clear to the members of                                                                   
     this  committee that  my  negative vote  has  absolutely                                                                   
     nothing  to   do  with  the  comments  that   were  made                                                                   
     previously…We have  not heard testimony that  that would                                                                   
     happen. I, too,  believe as they do that we  ought to do                                                                   
     nothing  that would  minimize the kind  of training  our                                                                   
     men in uniform have.                                                                                                       
                                                                                                                                
SENATOR LINCOLN said she was offended  that members suggested that                                                              
voting against  moving this bill  from committee means  that she's                                                              
not patriotic or supportive of the military. She added:                                                                         
                                                                                                                                
     To the  contrary, I support  the military 100%  and have                                                                   
     done so my  12 years here. My problem with  this is that                                                                   
     we're exempting  a permit requirement and I  didn't hear                                                                   
     from Tom that  that stopped in any way the  process from                                                                   
     going  on, in  that if  we need  to  expedite a  permit,                                                                   
     that's  one  thing,  but  just  to  eliminate  a  permit                                                                   
     requirement is of concern to me, regardless who it is.                                                                     
                                                                                                                                
SENATOR THERRIAULT  responded that he  wanted to make it  clear to                                                              
the  committee that  passage  of  the CS  does  nothing more  than                                                              
enshrine a current administrative  interpretation of the statutes.                                                              
It doesn't remove  a current permit regulation. It  does mean that                                                              
a  federal   court  is  not  going   to  broaden  or   change  our                                                              
administrative  interpretation  of our  own  statutes against  our                                                              
will.                                                                                                                           
                                                                                                                                
CHAIRMAN TORGERSON  asked for  a roll call  vote on the  motion to                                                              
move the bill out of committee.                                                                                                 
                                                                                                                                
The motion  carried with  SENATORS LINCOLN  and ELTON opposed  and                                                              
SENATORS TAYLOR, WILKEN, STEVENS and TORGERSON in favor.                                                                        
                                                                                                                                
                      CONFIRMATION HEARINGS                                                                                 
                                                                                                                                
CHAIRMAN  TORGERSON noted  that  the committee  was  ready to  ask                                                              
questions of Mr. Brett Huber, nominee to the Board of Fish.                                                                     
                                                                                                                                
SENATOR LINCOLN said she had a number  of questions, but wanted to                                                              
note that  she also  had a number  of communications  from out-of-                                                              
state.                                                                                                                          
                                                                                                                                
SENATOR LINCOLN  said she  gave great kudos  to Mr. Huber  for his                                                              
work as an aide  to the Senate Resources Committee,  but she has a                                                              
number  of  questions  for  him about  his  new  role.  First  and                                                              
foremost  is  his  involvement with  the  Alaska  Outdoor  Council                                                              
(AOC), which has clashed with them  in the past over management of                                                              
fish and game. She was surprised  to see that he is vice president                                                              
of AOC's political action committee.  Since she had never received                                                              
a  check  from  the  AOC,  she  assumed  that  position  was  very                                                              
political and party oriented. She remarked:                                                                                     
                                                                                                                                
     That's very,  very political  when you are  contributing                                                                   
     to candidates that are in the  legislature and how would                                                                   
     that affect  you then sitting  on the Board of  Fish and                                                                   
     the  other party  makes proposals  to  you? What  affect                                                                   
     would that have?                                                                                                           
                                                                                                                                
MR. HUBER said the AOC is a political  action committee, but it is                                                              
not single party oriented:                                                                                                      
                                                                                                                                
     There have  been endorsements and contributions  made by                                                                   
     the PAC  to multiple  parties over time.  Do I sign  the                                                                   
     checks for  the PAC? No I  don't. And I have  no problem                                                                   
     resigning that  position and intend to do  that and have                                                                   
     notified  them  as  such.  How   that  would  affect  my                                                                   
     decisions  should I be  confirmed as fit  as a Board  of                                                                   
     Fish member? It won't affect  those decisions. As I said                                                                   
     in  my  opening  statement,   anybody  that  takes  that                                                                   
     important  position needs to  be able  to listen to  all                                                                   
     positions,  all   user  groups,  all  points   of  view.                                                                   
     Certainly  we bring  some personal  experiences or  life                                                                   
     experiences  or  perspectives  to anything  we  do,  but                                                                   
     public service  is public service and it  shouldn't come                                                                   
     in with an agenda or a specific  attitude. I would do my                                                                   
      best to listen to all points of view, to consult with                                                                     
     the managers to make fair, conscientious decisions.                                                                        
                                                                                                                                
SENATOR  LINCOLN  asked if  he  was part  of  the PAC  group  that                                                              
decides who gets the checks.                                                                                                    
                                                                                                                                
MR.  HUBER  replied  yes  and  that  it's  a  seven-member  board.                                                              
Questionnaires  are  sent  out  to  members.  He  participated  in                                                              
discussions over candidates.                                                                                                    
                                                                                                                                
SENATOR LINCOLN said she read every  single letter about him, both                                                              
pro  and con  and that  those opposed  greatly  outweigh those  in                                                              
favor. She  said two letters stand  out. One was from  someone who                                                              
has  known  him for  a  number  of  years,  both socially  and  in                                                              
business, and  thought Mr. Huber's  opinions were very  closed and                                                              
he would  not change  his mind. He  felt that  he had made  up his                                                              
mind ahead of time  and the doors are shut. She  stated, "A number                                                              
of letters go in that direction -  that you're already predisposed                                                              
to your opinion on fisheries and will not listen."                                                                              
                                                                                                                                
MR. HUBER responded that he disagrees  with that point of view and                                                              
that other people say differently.  He said, "I can certainly tell                                                              
you  that the  Board of  Fish process  doesn't work  if you  don't                                                              
listen."                                                                                                                        
                                                                                                                                
SENATOR LINCOLN  said some letters  in the "do not  confirm" stack                                                              
said that as  the executive director of the KRSA,  Mr. Huber found                                                              
fault   with  ADF&G   scientific   findings   and  hired   outside                                                              
consultants  for the express  purpose of  finding fault  more than                                                              
once.                                                                                                                           
                                                                                                                                
MR.  HUBER said  that  science is  not always  absolutely  crystal                                                              
clear. When  it's clear  the decisions are  easy for the  Board to                                                              
make, but there are things that we  don't know about our fisheries                                                              
because information  is scant, new or non-existent.  Those are the                                                              
more difficult decisions  and, when in doubt, you  have to be more                                                              
conservative, "because sustainability  has to be the ultimate goal                                                              
to take care of any users regardless of their perspective."                                                                     
                                                                                                                                
Regarding her question  about the KSFA hiring  outside consultants                                                              
and biologists  to review  fisheries data, MR.  HUBER said  it has                                                              
and note  that is  not uncommon,  even for  ADF&G, itself.  When a                                                              
scientific article  is going  to be published,  it goes  through a                                                              
peer   review  process.   Scientists  welcome   review  by   other                                                              
individuals.                                                                                                                    
                                                                                                                                
SENATOR LINCOLN said she thought  that most of the concerns in the                                                              
letters are  about Mr. Huber's  lack of communication  skills. She                                                              
asked how  he planned to  build communication support  among other                                                              
user groups that are his detractors.                                                                                            
                                                                                                                                
MR. HUBER replied:                                                                                                              
                                                                                                                                
     I think the  only way you convince your  detractors that                                                                   
     you are  somebody that they  can work with and  that you                                                                   
     are not deserving  of as much angst as  you're receiving                                                                   
     is  to do  your  job well.  I  think the  Board  process                                                                   
     should be as open as possible;  it should be as inviting                                                                   
     to the  public as possible.  It is  best to meet  in the                                                                   
     communities that  are affected. I think the  Board ought                                                                   
     to do  as good a  job as it  can of noticing  the issues                                                                   
     it's going  to be dealing  with so people  are prepared.                                                                   
     They know what's on the table….                                                                                            
                                                                                                                                
4:55 p.m.                                                                                                                       
                                                                                                                                
CHAIRMAN  TORGERSON  said  he  had   a  letter  from  the  Central                                                              
Peninsula Fish and Game Advisory  Board who opposes his nomination                                                              
for nine reasons. Four of them are very important. He noted:                                                                    
                                                                                                                                
     All of these  start out with a sentence before  that you                                                                   
     have  drafted and  supported proposals  to the Board  of                                                                   
     Fish  that takes  biological  management  away from  the                                                                   
     fisheries and management biologists.                                                                                       
                                                                                                                                
He asked Mr. Huber to respond.                                                                                                  
                                                                                                                                
MR. HUBER responded  that is a generalized statement.  He believes                                                              
that  fisheries management  is not  a  perfect science.  Fisheries                                                              
change,  run  predictions are  often  wrong  and the  ability  for                                                              
fishery managers to apply adaptive  management is important. Also,                                                              
he  thought  part of  the  Board's  prerogative  is to  put  plans                                                              
together that  take care  of the fish  and are responsible  to the                                                              
numerous user groups  that participate in the  fishery. He stated,                                                              
"The  Board  has  to  work  very much  hand  in  glove  with  [the                                                              
management biologists]."                                                                                                        
                                                                                                                                
CHAIRMAN TORGERSON  said the second one takes  the emergency order                                                              
authority away from the management biologists.                                                                                  
                                                                                                                                
MR. HUBER  replied the only  proposal he  helped draft was  at the                                                              
last Cook  Inlet meeting.  He said he  has attended many  meetings                                                              
and  commented on  board  proposals. In  the  previous cycle,  the                                                              
Board  adopted  an  abundance-based  management  policy  for  Cook                                                              
Inlet.  He helped  draft a proposal that lengthened  the amount of                                                              
time they  could fish  to abundance,  which is  what the  managers                                                              
said, yet  provided for some  passage of fish,  because escapement                                                              
involves  more than  numbers; run  cycles have  to be  considered.                                                              
Components of each  run need to escape. The proposal  linked it to                                                              
time, but didn't specify when the  closures would be and left that                                                              
up  to the  managers. The  KSFA supported  proposals that  removed                                                              
mandatory closures and left that to the discretion of ADF&G.                                                                    
                                                                                                                                
CHAIRMAN TORGERSON  said the committee  received a lot  of letters                                                              
in opposition to his appointment  from folks who are upset because                                                              
of the  Board's decision  to go to the  trophy fishery,  catch and                                                              
release keeping  the larger ones  for trophies. This  prevents the                                                              
local angler from harvesting salmon,  but allows non-resident hook                                                              
and  release.  He asked  him  to  comment  on that  policy,  which                                                              
everyone has credited to him.                                                                                                   
                                                                                                                                
MR. HUBER  replied that created a  lot of press, but  there hadn't                                                              
been much give and  take. The ADF&G had a growing  concern for the                                                              
loss of  the size  component of  the run  of the 5  to 7  year old                                                              
fish. The department decided not  to bring a proposal forward, but                                                              
took these concerns to the Kenai  Soldotna Advisory Committee, who                                                              
drafted a proposal,  No. 297, that asked for some  protections for                                                              
those  first  fish  in  the  first  run.  Its  recommendation  was                                                              
established  in  a non-retention  slot.  They  wanted to  try  and                                                              
reestablish  the age  component in  that run.  That proposal  came                                                              
before the  Board and they discussed  options. A lot of  the Board                                                              
members felt they  should try catch and release  management on the                                                              
first run for  the life cycle of  the fish and see what  that does                                                              
for both numbers. He added:                                                                                                     
                                                                                                                                
     It's not just big fish; that  run is also a fairly small                                                                   
     run that has a lot of participation.  It's had in-season                                                                   
     restrictions for six of the  last 12 years and in-season                                                                   
     regulatory changes for nine  of the last 12 years. So do                                                                   
     you try  to reduce  participation and  how would you  go                                                                   
     about that or do you try to  reduce harvest? Because the                                                                   
     biologists that  I've talked to all say, if  you want to                                                                   
     get more big  fish in a salmon run, the  first thing you                                                                   
     need is more  fish, because big fish are  a component of                                                                   
     the  total run.  The Board  did take  that position  and                                                                   
     ended  up adopting  a policy that  said a  non-retention                                                                   
     slot for the  beginning of the run through  June 10, the                                                                   
     last  20 days  in June,  catch  and release.  As far  as                                                                   
     taking away harvest opportunity  from the local anglers,                                                                   
     harvest  opportunity  on  the Kenai  River  before  that                                                                   
     regulation is  two fish per year; after  that regulatory                                                                   
     change,  it's  two  fish  per   year.  Certainly,  local                                                                   
     anglers   probably  have   a   greater  opportunity   to                                                                   
     participate  when it's not a  catch and release  fishery                                                                   
     than  people  that  choose to  visit  during  that  time                                                                   
     period.                                                                                                                    
                                                                                                                                
CHAIRMAN TORGERSON asked,  "What happens if you get  a real strong                                                              
run and you have this policy there?"                                                                                            
                                                                                                                                
MR. HUBER  replied that  he asked the  managers that  question and                                                              
they  do  not view  this  as  a  rigid rule.  They  believe  their                                                              
emergency  order authority  would allow  them, if  there are  just                                                              
loads of fish coming  back in the first run and  a big harvestable                                                              
surplus  that  would  go  unutilized,  to open  the  fishery.  The                                                              
Division  of Commercial  Fisheries Chief  Scientist, Doug  Eggers,                                                              
said that "over-escapement"  is probably a bad  word: "It's really                                                              
a question of economics and yield."                                                                                             
                                                                                                                                
SENATOR ELTON  said that no  one comes to  the Board with  a clean                                                              
slate and  he agrees with  many of the  things Mr. Huber  said. He                                                              
asked how  he plans to break  through communication barriers  as a                                                              
board member.                                                                                                                   
                                                                                                                                
MR. HUBER replied that he served  on the Halibut Subsistence Proxy                                                              
Committee for  the North  Pacific Fisheries  Council as  the sport                                                              
fish representative. He had a great  opportunity to discuss issues                                                              
with 25 other  people and it didn't  seem to be a  great hindrance                                                              
to explain  himself or to understand  what others were  saying. He                                                              
said, "You just  have to work through it and do  the best job that                                                              
you can."                                                                                                                       
                                                                                                                                
SENATOR ELTON said  his concern is that they are  asking the Board                                                              
of  Fish to  do  near  the impossible  with  allocation  decisions                                                              
without the science that we should have available to the Board.                                                                 
                                                                                                                                
MR. HUBER responded that the first  folks who approached him about                                                              
serving on the Board are current  Board members, Chairman Gersham,                                                              
Larry Engle,  Dan Coffee,  John White,  Russell Nelson,  and Grant                                                              
Miller.  They assumed  those filters  would not  make his  service                                                              
impossible or they would not have urged him to apply.                                                                           
                                                                                                                                
SENATOR STEVENS  asked how many times  he had been involved  in an                                                              
agenda change request.                                                                                                          
                                                                                                                                
MR. HUBER replied that he has not  filed an agenda change request.                                                              
That process  is limited  in scope  to adopting  an agenda  change                                                              
request to  correct an error in  regulation or for  a conservation                                                              
reason.                                                                                                                         
                                                                                                                                
SENATOR STEVENS asked  if he was saying that an  agenda change had                                                              
never been requested for the Kenai Peninsula region.                                                                            
                                                                                                                                
MR.  HUBER replied  that  neither  he nor  the  Kenai River  Sport                                                              
Fishing Association  had requested one.  He added that  the agenda                                                              
change  requests are  reviewed at  the fall work  session and,  in                                                              
general, no public testimony is taken.  The Board works with ADF&G                                                              
to determine whether  they think there's an issue  that warrants a                                                              
change.                                                                                                                         
                                                                                                                                
SENATOR  STEVENS asked  if the agenda  change  is on a  three-year                                                              
cycle.                                                                                                                          
                                                                                                                                
MR. HUBER replied it is.                                                                                                        
                                                                                                                                
SENATOR STEVENS said that the majority  of Mr. Huber's involvement                                                              
with the  Board of Fish  is in one region  of the state  where the                                                              
Board faces the most divisive allocation issues.                                                                                
                                                                                                                                
MR.  HUBER replied  that he  also  participated in  Board of  Fish                                                              
meetings that dealt with Western Alaska and Area M.                                                                             
                                                                                                                                
SENATOR  STEVENS  said  there  is  a  difference  in  divisiveness                                                              
between commercial user groups and  multiple user groups. He asked                                                              
Mr. Huber how, as  a Board member, he would view  a request for an                                                              
agenda  change that  had  happened  in the  past  and he  couldn't                                                              
address critical issues to certain  regions of the state that have                                                              
small populations but where the commercial fishery is important.                                                                
                                                                                                                                
MR. HUBER said he didn't understand the question.                                                                               
                                                                                                                                
SENATOR STEVENS said legislation  has been initiated to change the                                                              
agenda change request mechanism. He explained:                                                                                  
                                                                                                                                
     If you had a certain area of  the state that continually                                                                   
     wants their issues  solved in front of the  Board at the                                                                   
     expense of solving  issues in other areas  of the state,                                                                   
     how would you respond to that?                                                                                             
                                                                                                                                
MR. HUBER  replied that the regulatory  process of the  Board that                                                              
is supposed  to be taken up  in order should never  suffer because                                                              
of an agenda  change request. The  request ought to  be considered                                                              
on its biological merits or as an  unexpected happening because of                                                              
a change in regulation. He added:                                                                                               
                                                                                                                                
     The more the  Board can keep to the set  schedule and to                                                                   
     provide that  notice and that surety to the  public, the                                                                   
     better. However,  I would never  suggest that  the Board                                                                   
     should not be able to take something  up out of cycle if                                                                   
     there is truly a pressing conservation  issue that needs                                                                   
     to be taken care of.                                                                                                       
                                                                                                                                
SENATOR STEVENS said there is a piece  of legislation that changes                                                              
the  procedures under  which  an emergency  order  can be  ordered                                                              
under conservation. He asked Mr. Huber's opinion on that.                                                                       
                                                                                                                                
MR. HUBER  replied that both the  sponsor and ADF&G have  told him                                                              
that they  believe the  same authority  in the  bill is  available                                                              
now, but the bill better delineates  how to exercise it in certain                                                              
circumstances.                                                                                                                  
                                                                                                                                
SENATOR STEVENS said  the majority of Mr. Huber's  involvement has                                                              
been  from  a  sport fish  perspective  in  regions  mainly  where                                                              
there's an  allocation issue with  commercial fishermen.  But, the                                                              
Board manages  commercial fishing in  areas where there is  a non-                                                              
existent multiple  user group  issue. The  issues that  face those                                                              
regions are based on sound management  and the ability to open and                                                              
close fisheries and  to set commercial harvests. He  asked how Mr.                                                              
Huber would rate his capacity to make decisions like that.                                                                      
                                                                                                                                
MR. HUBER  disagreed that  he has only  been involved in  a single                                                              
region  and from a  certain perspective.  He said  he also  worked                                                              
with the  Board and  ADF&G to put  a framework and  implementation                                                              
plans together  that affect all  fisheries regardless of  the user                                                              
group  through   the  statewide  escapement  policy   and  through                                                              
meetings in Western Alaska. He stated:                                                                                          
                                                                                                                                
     There  is a  learning curve  for any  new Board  member.                                                                   
     Commercial  fisheries in areas  where there is  no sport                                                                   
     fishery tend  to have gear groups within  the commercial                                                                   
     fisheries  that  have  differences of  opinion.  All  of                                                                   
     those  things are relying  on the  managers to give  you                                                                   
     their advice,  relying on  the stakeholders, doing  your                                                                   
     homework,  listening to your  fellow board members  that                                                                   
     perhaps have  more expertise  in an individual  area and                                                                   
     doing  the best job  you can  and I  believe I have  the                                                                   
     capacity to do  that. If I did not believe  that, sir, I                                                                   
     would not have applied for the appointment.                                                                                
                                                                                                                                
CHAIRMAN TORGERSON read from a letter:                                                                                          
                                                                                                                                
     Mr.  Huber states  that he feels  commercial fishing  is                                                                   
     important to  the state, but  he has neglected  to state                                                                   
     that  by   his  direction   the  philosophy  that   he's                                                                   
     incorporated with  the help of a paid  fishery biologist                                                                   
     from Oregon  was to  sacrifice yield  in the Cook  Inlet                                                                   
     sockeye  fishery. Since  a sustained  high yield of  red                                                                   
     salmon is the engine for the  commercial fishing in many                                                                   
     areas  of the  state, how  can  this mean  Mr. Huber  is                                                                   
     supportive of commercial fishing communities?                                                                              
                                                                                                                                
CHAIRMAN TORGERSON asked him how  he was going to bring commercial                                                              
fisheries and allocation issues to some sort of resolution.                                                                     
                                                                                                                                
MR.  HUBER disagreed  with  the contention  that  he advocated  to                                                              
forego harvest of sockeye salmon. He explained:                                                                                 
                                                                                                                                
     The escapement  goal for the  Kenai River system  is set                                                                   
     for  500,000  to  800,000  fish.   That's  a  biological                                                                   
     escapement goal  that's arrived at by the  managers. The                                                                   
     escapement  goal that  came before  and after this  last                                                                   
     meeting was  the same BEG [biological  escapement goal].                                                                   
     We didn't  propose a change to  the BEG. As a  matter of                                                                   
     fact,  a number of  my detractors  that are involved  in                                                                   
     some of the  questions you're asking today  had numerous                                                                   
     proposals before  the Board to lower the  BEG regardless                                                                   
     of  whether  that  was  based  on  the  best  biological                                                                   
     information  from  the  managers  or  not.  I  certainly                                                                   
     didn't take that position.                                                                                                 
                                                                                                                                
He  noted  it's   not  uncommon  for  a  Cook   Inlet  sport  fish                                                              
appointment to have the commercial  fishing industry from all over                                                              
the state  oppose their  nomination.  This has  not been the  case                                                              
with  him.  The  Bristol  Bay fishermen  passed  a  resolution  in                                                              
support of  him and  other commercial  fishermen support  him, but                                                              
they can't  come out in support  of a sport-fishing  candidate. He                                                              
noted:                                                                                                                          
                                                                                                                                
     But  certainly,  there  is  a  mix.  If  we  manage  our                                                                   
     fisheries  properly on  a sustained  yield basis and  do                                                                   
     the best  job that  we can, there's  not enough  fish to                                                                   
     satisfy multiple users in Alaska.  I can't imagine where                                                                   
     there would be, sir.                                                                                                       
                                                                                                                                
TAPE 02-26, SIDE A                                                                                                            
                                                                                                                                
SENATOR TAYLOR  said he is amazed  that the Board currently  has a                                                              
policy on the Kenai that says you  can catch and eat a king salmon                                                              
if it's over 55 inches long. He stated:                                                                                         
                                                                                                                                
     It would  seem to me  that if we  catch and eat  all the                                                                   
     kind [of]  salmon that are  longer than 55  inches long,                                                                   
     within  a  very  short  period of  time,  we  will  have                                                                   
     destroyed a genetic strain for  which the Kenai is world                                                                   
     famous,  because  we're only  turning  loose the  little                                                                   
     fish  and  we're  eating  the big  fish.  I  have  asked                                                                   
     biologists to explain that to me…                                                                                          
                                                                                                                                
MR. HUBER  responded that a few  years ago there was  a discussion                                                              
about using a catch  and release fishery to slow  it down in years                                                              
that they believe escapement goals  will be met, but there's not a                                                              
harvestable surplus.  They had a  policy of catch and  release and                                                              
retention  of fish over  52 inches.  In the  preceding six  years,                                                              
ADF&G's information was that 60 or  66 fish were harvested in that                                                              
size category. The new size limit  is 55 inches. ADF&G's testimony                                                              
to the  Board indicated  there might  be one a  year or  every two                                                              
years that  would be harvested.  The predominant  5 to 7  year old                                                              
fish fall under the 55-inch category. He added:                                                                                 
                                                                                                                                
     I thought about  it, Senator, and I said  the same thing                                                                   
     in  the  House  committee  the   other  day.  I  started                                                                   
     thinking  about, oh  yeah, but  if there's  only two  of                                                                   
     them, do  you want  to kill those  two? I would  have to                                                                   
     agree  and concur  that it  makes more  sense if  you're                                                                   
     protecting  that big strain  of fish  that the Kenai  is                                                                   
     unique because  of that all  of them are released  for a                                                                   
     life-cycle of fish  to see what kind of rebound  in that                                                                   
     age class we see.                                                                                                          
                                                                                                                                
SENATOR TAYLOR wished  him good luck and said, "And  as long as no                                                              
one  comes after  my commercial  fishermen, I'm  not coming  after                                                              
you. I hope people understand that."                                                                                            
                                                                                                                                
SENATOR LINCOLN  commented on  four more  letters from  people who                                                              
live  out-of-state  but  said the  committee  indicated  it  isn't                                                              
concerned with  opinions from  people who live  out of  state. She                                                              
then  asked  if he  supports  the  current efforts  for  long-term                                                              
planning and the  salmon task force for the revitalization  of the                                                              
Alaska Salmon Industry.                                                                                                         
                                                                                                                                
MR. HUBER replied:                                                                                                              
                                                                                                                                
     I think it is absolutely necessary  for Alaskans to come                                                                   
     together  and look  for ways  to shore up  and create  a                                                                   
     salmon  industry   that  is  economically   sustainable.                                                                   
     Certainly I support those efforts.                                                                                         
                                                                                                                                
SENATOR LINCOLN said  a question was asked in  the House Resources                                                              
Committee about  whether ADF&G is  best suited to  make biological                                                              
decisions, especially when it comes  to agenda change requests for                                                              
the  Board of  Fish and  Mr. Huber  had answered  yes, they  would                                                              
provide the best biological advice.  She noted that is contrary to                                                              
what  he said  earlier  about seeking  outside  expertise when  it                                                              
wasn't provided by ADF&G.                                                                                                       
                                                                                                                                
MR.  HUBER replied  that  he doesn't  think  those two  statements                                                              
conflict because ADF&G itself seeks  advice from peers outside the                                                              
state as it looks at setting escapement  goals. In Western Alaska,                                                              
for instance, a  peer review team was put together  that consisted                                                              
of renowned  salmon biologists  from across  the states  and ADF&G                                                              
looked  at their  work.  Contracting  with biologists  outside  of                                                              
Alaska is  normally done  by a  number of  advocacy groups  in all                                                              
areas. He maintained:                                                                                                           
                                                                                                                                
     That's not  what the  Board of Fish  does. The Board  of                                                                   
     Fish relies on the advice of  the Department of Fish and                                                                   
     Game.  And the  reason I said  advice to  the Board  and                                                                   
     agenda  change  requests  is sometimes  you  have  local                                                                   
     managers  that have  a lot  of expertise  in a  specific                                                                   
     area,  but you have  fisheries that  transit that  local                                                                   
     area and go  to another local area. So, the  Board often                                                                   
     times  has  had  the  benefit  of  talking  to  an  area                                                                   
     management   biologist  there   as  well   as  an   area                                                                   
     management  biologist   here  that  don't   always  have                                                                   
     exactly the same view of what  regulatory change or what                                                                   
     science needs between those two regions…                                                                                   
                                                                                                                                
SENATOR LINCOLN asked  to see a copy of the  resolution in support                                                              
of his appointment by the Bristol Bay fishermen.                                                                                
                                                                                                                                
SENATOR STEVENS  said his question has  to do with the  Bering Sea                                                              
Crab  Management  Plan. About  five  years  ago they  reduced  the                                                              
exploitation  rate from 20%  to 10% of  the estimated  biomass and                                                              
there is a sort  of industry consensus from the  harvesting sector                                                              
that that didn't  do anything to save the biomass.  All it did was                                                              
leave money on the table or product  in the ocean to rot. He asked                                                              
Mr. Huber  to expand on  what sort of  process the board  might go                                                              
through internally to make a decision  to either raise or lower an                                                              
exploitation  rate of  a resource  that continually  stays in  the                                                              
ocean and regenerates.                                                                                                          
                                                                                                                                
MR.  HUBER replied  that  he  would take  a  stab at  it  although                                                              
shellfish  is  not  his  area  of   expertise.  Stakeholders  have                                                              
different  opinions  on  what  to do.  Where  the  Department  has                                                              
reliable information,  they say they are comfortable  with current                                                              
harvest levels.                                                                                                                 
                                                                                                                                
SENATOR  STEVENS said  that this  is something  people are  taking                                                              
guesses at  and he  wanted to know  how Mr.  Huber would  go about                                                              
formulating his guess.                                                                                                          
                                                                                                                                
MR. HUBER replied:                                                                                                              
                                                                                                                                
     You  first   formulate  your   guess  by  listening   to                                                                   
     stakeholders,  looking  at what  information  there  is,                                                                   
     whether  it's scant  or not.  Then  I think  one of  the                                                                   
     reasons that maybe  this is a little bit  harder to have                                                                   
     fun  at than  you would  like  it to  be for  me is  the                                                                   
     legislative  delegation is to  conserve and to  develop.                                                                   
     If the delegation  was to just conserve, it  would be an                                                                   
     easy  job. If it  was just  to develop,  it would be  an                                                                   
     easy job,  but that's the balance that's  difficult. So,                                                                   
     when  you  have  stakeholders  wanting  to  develop  and                                                                   
     managers saying  we need to be conservative  or you have                                                                   
     a  situation  where you  don't  know  or are  in  doubt,                                                                   
     information  is scant, I  think you have  to err  on the                                                                   
     side of  that conservation, because you  can overdevelop                                                                   
     and not  have the chance  to conserve. That's  the tough                                                                   
     part of the  job of the Board of Fish. To  say here's my                                                                   
     road map for doing it upon an  individual or all issues,                                                                   
     I think  is very difficult.  I think it's going  to take                                                                   
     being in  that situation, listening to  that discussion,                                                                   
     looking at the  information and you may use  a different                                                                   
     mechanism or  process to get  there in one area  of your                                                                   
     fishery than you do in another.                                                                                            
                                                                                                                                
CHAIRMAN TORGERSON  thanked Mr. Huber  for sitting one and  a half                                                              
hours  on the hot  seat. He  said they  would next  take up  Gerry                                                              
Merrigan's nomination.                                                                                                          
                                                                                                                                
5:30 p.m.                                                                                                                       
                                                                                                                                
MR.  MERRIGAN noted  that copies  of  his two-page  resume are  in                                                              
members' packets. He came to Alaska  in 1977 and became a resident                                                              
in 1979  and has  lived here ever  since. He  worked for  the U.S.                                                              
Forest Service and  ADF&G as a fish biologist.  He currently holds                                                              
a Southeast  salmon  power troll  permit and halibut  IFQ.  He has                                                              
also worked as a Dungeness crabber,  gillnetter, seiner, longliner                                                              
and has fished for  herring. He has fished in Bristol  Bay as well                                                              
as Southeast and  has landed king salmon on a sport  rod. He has a                                                              
background as well in Canadian fisheries.                                                                                       
                                                                                                                                
He concluded:                                                                                                                   
                                                                                                                                
     I think I  can bring a good breadth of  knowledge to the                                                                   
     Board process.  Then when  a member put  my name  in for                                                                   
     the  Board I  realized how  little I  actually do  know.                                                                   
     It's clear to  me how dependent the Board of  Fish is on                                                                   
     public  input and  must maintain  a  working process  to                                                                   
     provide that input…                                                                                                        
                                                                                                                                
CHAIRMAN TORGRERSON  asked how he  would handle allocation  issues                                                              
for the sport fish industry since he is a commercial fisherman.                                                                 
                                                                                                                                
MR.  MERRIGAN replied  that  he has  been  involved in  allocation                                                              
issues between  sport and  commercial fisheries  and believes  one                                                              
has to work  with people and be  flexible to get a  resolution. He                                                              
has seen good leadership emerging  on the sport fish side. He said                                                              
he  would do  things  on a  factual  basis. When  it  comes to  an                                                              
allocation  decision he  would look at  something consistent  with                                                              
Board policy. He  feels that he can talk to  sport fishermen. "You                                                              
don't   get   away  from   Petersburg   without   being   somewhat                                                              
knowledgeable on sport issues."                                                                                                 
                                                                                                                                
SENATOR WILKEN said he wouldn't support  Mr. Merrigan's nomination                                                              
but it has nothing to do with him personally. He explained:                                                                     
                                                                                                                                
     My  concern is with  our Governor  not reappointing  Mr.                                                                   
     Virgil Umphenour  to the Fish  Board and will  hope that                                                                   
     when we  have a new governor  that I'll be able  to talk                                                                   
     to him or her and make an attempt  to have Mr. Umphenour                                                                   
      reappointed to a Board that he has served in Interior                                                                     
     Alaska with great distinction…                                                                                             
                                                                                                                                
CHAIRMAN TORGERSON  announced that  the committee would  hear from                                                              
Mr. Art Nelson next.                                                                                                            
                                                                                                                                
MR. ART NELSON said  that he moved to Alaska in  1982 from Seattle                                                              
and has spent  time in different areas of Alaska  participating in                                                              
different  types  of fisheries.  He  worked  with the  Bering  Sea                                                              
Fishermen's  Association  to assess  the  troubled  king and  chum                                                              
salmon returns in Western Alaska;  that is a major issue the Board                                                              
will have to deal with in the future.  He is currently employed by                                                              
the  At-Sea  Processors  Association, which  participated  in  the                                                              
Bering Sea polluck fishery.                                                                                                     
                                                                                                                                
SENATOR  LINCOLN   asked  him  to  explain  how   he  worked  with                                                              
subsistence.                                                                                                                    
                                                                                                                                
MR. NELSON  said he  was a fisheries  specialist and  advocated on                                                              
behalf of  residents of  the small  boat commercial fisheries  and                                                              
subsistence fishery needs to the  Board of Fisheries and the North                                                              
Pacific Fisheries  Management Council.  He also started  a program                                                              
to put escapement-monitoring projects out in various rivers.                                                                    
                                                                                                                                
SENATOR STEVENS  asked what he thought  the most crucial  issue is                                                              
in front of the Board of Fisheries right now.                                                                                   
                                                                                                                                
MR.  NELSON said  there  would  be a  handful  of issues  that  he                                                              
considers to  be important  for the Board,  but probably  the most                                                              
important over  the next  5 to 10 years  is the revitalization  of                                                              
the state's salmon  fisheries. There would be  different solutions                                                              
for different areas and some areas might not need a solution.                                                                   
                                                                                                                                
SENATOR STEVENS  asked how he saw  the Board of  Fisheries playing                                                              
in the procedure.                                                                                                               
                                                                                                                                
MR. NELSON replied that the participants  in the fisheries have to                                                              
bring proposed solutions to the Board and then work with ADF&G.                                                                 
                                                                                                                                
SENATOR STEVENS  said the  issues facing  the Cook Inlet  drainage                                                              
are  hot buttons  because there  are so  many people  and so  many                                                              
individual  users and  user groups.  He asked  Mr. Nelson how  his                                                              
education, training and experience  in the industry can contribute                                                              
to solving that issue.                                                                                                          
                                                                                                                                
MR. NELSON  responded that  he hoped he  could contribute  to some                                                              
solutions  there.  He  thought  he  had  a  balance  in  his  life                                                              
experience  with different fisheries  to give  him the  ability to                                                              
see things from both sides of the table.                                                                                        
                                                                                                                                
SENATOR WILKEN asked him if he knew Virgil Umphenour.                                                                           
                                                                                                                                
MR. NELSON replied yes.                                                                                                         
                                                                                                                                
SENATOR WILKEN asked  if he felt comfortable replacing  him on the                                                              
Board and representing Yukon Tanana River drainage issues.                                                                      
                                                                                                                                
MR.  NELSON replied  that  he is  not  as familiar  with  Interior                                                              
issues as  Mr. Umphenour  was, but  he is a  friend and  could sit                                                              
down with him and get more familiar  with those issues. Even if he                                                              
isn't a Board member, he will be  a member of the public in future                                                              
meetings.                                                                                                                       
                                                                                                                                
SENATOR WILKEN asked if Mr. Nelson  could "comfort" him  by saying                                                              
he would use Mr. Umphenour as a reference  for issues that have to                                                              
do  with  Interior  river  drainages  should he  have  to  make  a                                                              
decision on those drainages.                                                                                                    
                                                                                                                                
MR. NELSON replied, "Absolutely."                                                                                               
                                                                                                                                
SENATOR LINCOLN said  she wanted some assurance that  should he be                                                              
confirmed,  he would  never  refer  to her  Yukon  River as  brown                                                              
water.                                                                                                                          
                                                                                                                                
CHAIRMAN TORGERSON thanked Mr. Nelson for joining the committee.                                                                
                                                                                                                                
SENATOR WILKEN  moved that the committee  report the names  of Art                                                              
Nelson,  Gerry Merrigan  and  Brett  Huber to  the  full body  for                                                              
consideration  as nominees  to the  Board of Fish.  There were  no                                                              
objections and it was so ordered.                                                                                               
                                                                                                                                
CHAIRMAN TORGERSON adjourned the meeting at 5:57 pm.                                                                            

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