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FY2009-17 Fisheries and Oceanic Research Board1 2 3 Introduced by: Assembly member Jeffrey 4 Requested by: KIB Assembly 5 Drafted by: Assembly member Jeffrey 6 Introduced on: 02/19/2009 7 Public Hearing: 03/05/2009 8 Amended: 03/05/2009 9 Adopted: 03/05/2009 10 11 KODIAK ISLAND BOROUGH 12 ORDINANCE NO. FY2009 -17 13 14 15 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 16 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES 17 TITLE 2 ADMINISTRATION AND PERSONNEL BY ADDING 18 CHAPTER 2.150 FISHERIES AND OCEANIC RESEARCH BOARD 19 AND AMENDING CHAPTER 2.100 BOARDS, COMMITTEES, AND COMMISSIONS 20 SECTION 2.100.010 BOARD, COMMITTEE, AND COMMISSION MEMBERS 21 SUBJECT TO THIS CHAPTER 22 23 WHEREAS, the Kodiak Island Archipelago is located in the heart of the diverse and abundant 24 fisheries of the of the Gulf of Alaska, second only to the Bering Sea as the world's most prolific 25 fisheries habitat; and 26 27 WHEREAS, throughout its history, Kodiak has served and continues to serve as the major 28 industry center and service hub of the Gulf of Alaska; and 29 30 WHEREAS, for more than 40 years, Kodiak consistently has ranked among the top three fishing 31 ports in the nation; and 32 33 WHEREAS, the Kodiak community is affected by and susceptible to rapid changes in 34 environmentally - forced changes in the marine ecosystem as was observed in the 1978 regime 35 shift from a crab and shrimp dominated ecosystem to one dominated by groundfish; and 36 37 WHEREAS, one of the economic engines of the State of Alaska and Kodiak is the utilization 38 (processing, value- adding, packaging, storing, shipping) of aquatic resources and without 39 utilization there is very little economic value; and 40 41 WHEREAS, Alaska's fishing industry is the largest private sector employer in the state with the 42 state's subsistence, sports, and commercial fishing industries contributing significantly to the 43 state economy; and 44 45 WHEREAS, the US Coast Guard has its largest support center in Kodiak because Kodiak is 46 strategically located in the Gulf Alaska and to the Bering Sea; and 47 48 WHEREAS, Kodiak is the optimal location for fisheries and oceanic research because its 49 geographic location is at the center of ecosystems important to research; and Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 1 of 5 50 WHEREAS, Kodiak is homeport to the NOAA Research Vessel Oscar Dyson; and 51 52 WHEREAS, Kodiak is home to the NOAA Kodiak Laboratory in the Kodiak Fisheries Research 53 Center, now the primary facility for the Alaska Fisheries Science Center's RACE Shellfish 54 Assessment Program and support facility for the RACE Groundfish Assessment Program, North 55 Pacific Groundfish Observer Program, National Marine Mammal Laboratory; and 56 57 WHEREAS, Kodiak is home to the University of Alaska Fairbanks School of Fisheries and 58 Ocean Sciences Fishery Industrial Technology Center, which is dedicated to increase the value 59 of Alaska's fishing industry and marine resources through research, technological development, 60 education and service; and 61 62 WHEREAS, Kodiak is home to the Alaska Department of Fish & Game Region IV 63 Headquarters, which manages subsistence, sports, and commercial fisheries in state waters of 64 the Kodiak Archipelago and westward along the Alaska Peninsula to the Bering Sea; and 65 66 WHEREAS, the federal government requires the North Pacific Fisheries Management Council 67 to consider the health of fish stocks and ocean ecosystems when managing Alaska's sports and 68 commercial fisheries and thereby relies on current ocean and fisheries research data; and 69 70 WHEREAS, the Kodiak Island Archipelago suffered environmental and economic losses when 71 oil from the Exxon Valdez Oil Spill of 1989 polluted Kodiak's coastal shores, resulted in shutting 72 down the island -wide commercial salmon season of 1989 and damaged many marine species 73 and critical habitat; and 74 75 WHEREAS, the Exxon Valdez Oil Spill of 1989 dramatically illustrated that the Kodiak Island 76 Archipelago is vulnerable to future shipping disasters or other environmental changes in the 77 North Pacific Ocean; and 78 79 WHEREAS, the expansion of research efforts in the Gulf of Alaska and Bering Sea is vital to the 80 sustainability of Alaska's diverse and abundant ocean resources, to the monitoring of the effects 81 of the 1989 Exxon Valdez Oil Spill, and to the health and protection of Alaska's marine 82 ecosystem; and 83 84 WHEREAS, the Kodiak Island Borough, the City of Kodiak and small communities jointly 85 support and continue to invest in ongoing research infrastructure to protect Alaska's healthy 86 ocean ecosystems and Alaska's sustainable subsistence, sports, and commercial fisheries and 87 utilization of aquatic resources that are vital to the state's economy; and 88 89 WHEREAS, the Assembly would like to create a Fisheries and Oceanic Research Board for the 90 Kodiak Island Borough to assist in identifying creative and workable solutions to strengthen 91 fisheries and oceanic research efforts in the Gulf of Alaska, Bering Sea and Arctic Ocean; and 92 93 WHEREAS, this board will provide a forum for input and recommendations that will keep the 94 Kodiak Island Borough and its communities apprised of Kodiak's research sector; and 95 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 2 of 5 96 WHEREAS, this board will provide a forum to streamline communication and collaboration 97 among all research efforts in the Gulf of Alaska and Bering Sea, including state, federal, and 98 university researchers; and 99 100 WHEREAS, this board will explore expansion of fisheries and oceanic research education 101 programs to foster an understanding of the dynamic marine ecosystems and diverse fisheries at 102 Kodiak's doorstep; and 103 104 WHEREAS, this board will keep the Kodiak Island Borough Assembly and its communities 105 apprised of research developments and how they may affect Kodiak's subsistence, sports, and 106 commercial fisheries and fish habitat; and 107 108 WHEREAS, this board will work collaboratively with the Assembly and City Council to seek 109 means to strengthen Kodiak's fisheries and oceanic capability; and 110 111 WHEREAS, this board will work collaboratively with the Assembly and City Council to seek the 112 means to strengthen Kodiak's fisheries and oceanic research capability; and 113 114 WHEREAS, Section 2.100.020 of the Kodiak Island Borough Code states: "The assembly, by 115 ordinance, may provide for advisory, regulatory, appellate or quasi - judicial boards or 116 commissions." 117 118 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 119 BOROUGH THAT: 120 121 Section 1: This ordinance is of a general and permanent nature and shall become a part of 122 the Kodiak Island Borough Code of Ordinances. 123 124 Section 2: Title 2 of the Kodiak Island Borough Code of Ordinances is amended by adding 125 Chapter 2.150 Fisheries and Oceanic Research Board as follows: 126 127 Chapter 2.150 128 129 Fisheries and Oceanic Research Board 130 131 Sections: 132 2.150.010 Created - Membership. 133 2.150.020 Organization. 134 2.150.030 Term - compensation. 135 2.150.040 Powers and duties. 136 2.150.050 Administrative assistance. 137 138 2.150.010 Created - Membership. There is created a Fisheries and Oceanic Research Board 139 which will consist of the following 11 designated seats. Except for the Kodiak Island Borough 140 mayor and the borough manager, each holder of a designated seat will be invited to participate 141 on the board either personally or by a designated representative. 142 1. Mayor, Kodiak Island Borough 143 2. Mayor, City of Kodiak Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 3 of 5 144 3. Village Mayor (Rotating Seat) 145 4. Director, Fishery Industrial Technology Center 146 5. Director, NOAA Fisheries Kodiak Laboratory 147 6. Supervisor, Alaska Department of Fish and Game Region IV Headquarters, 148 Kodiak 149 7. Manager, Kodiak National Wildlife Refuge 150 8. Commanding Officer, US Coast Guard Support Center Kodiak 151 9. Director, Alutiiq Museum and Archaeological Repository 152 10. Superintendent, Kodiak Island Borough School District 153 11. Director, University of Alaska Anchorage Kodiak College 154 • Borough Manager - Ex- officio Seat 155 • City Manager — Ex- officio Seat 156 • Kodiak Fisheries Advisory Committee Liaison — Ex- officio Seat 157 158 2.150.020 Organization. The board shall designate its chair and vice -chair at the first meeting 159 of the calendar year and shall hold at least one meeting semi - annually. 160 161 2.150.030 Compensation. 162 A. Members of the board shall serve without compensation. 163 164 2.150.040 Powers and duties. The board shall assist in identifying creative and workable 165 opportunities to augment Kodiak's fisheries and oceanic research sector: 166 A. Serve in an advisory capacity to the mayor and assembly on matters affecting the 167 research capabilities in Kodiak, which meets the needs, desires and goals of the Assembly as 168 stated in the Strategic Plan for 2009 -2013. 169 B. Provide for balanced consideration and representation of the viewpoints, problems and 170 issues regarding development of Kodiak's fisheries and oceanic research sector. 171 C. Provide a forum for decision - making in development of specific projects that support 172 Kodiak's fisheries and oceanic research sector. 173 D. Identify goals, policies and procedures to help the Assembly educate the public and 174 state and federal officials about ongoing fisheries and oceanic research programs based in 175 Kodiak. 176 177 2.150.050 Administrative assistance. The manager or designee shall: 178 A. Furnish the board with copies of all requested documents and other information 179 necessary or reasonably related to board functions; 180 B. Provide the board with such supplies, meeting space, and secretarial assistance as the 181 manager deems reasonably required; 182 C. Refer to the board, for their discussion, all non - emergency matters within the scope of 183 its powers and duties prior to presenting those matters to the assembly for action; and 184 D. Transmit all recommendations and other communications from the board to the 185 assembly. 186 187 188 189 190 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 4 of 5 191 2.150.060 Quorum and voting requirements. 192 A majority of the holders of the designated seats or their designated representatives shall be a 193 quorum for the transaction of business. The affirmative votes of the majority of the holders of the 194 designated seats or their designated representatives shall be required to carry a question. In the 195 absence of a quorum for the transaction of business, any number less than a quorum may 196 recess a meeting to a later time or date. 197 198 2.150.070 Conflict of interest. 199 Every member shall vote on all questions unless he has a direct or substantial indirect financial 200 interest in the matter being discussed. 201 202 2.150.080 Procedure. 203 Procedural rules and order of business shall be established, except as otherwise provided by 204 law, subject to approval by the assembly. In all matters of procedure not covered by rules 205 adopted by the board, Robert's Rules of Order, as revised, shall be applicable and shall govern. 206 207 2.150.090 Reports and minutes. 208 Minutes of the proceedings shall be kept, and such minutes shall record the vote of each 209 member upon every question formally presented for consideration. The minutes shall be filed in 210 the office of the clerk and shall be a public record, open to inspection by any person. 211 212 Section 3: Title 2 Administration and Personnel Chapter 2.100 Boards, Committees and 213 Commissions Section 2.100.010 Board, Committee, And Commission Members 214 Subject To This Chapter is hereby amended as follows: 215 216 2.100.010 Board, committee, and commission members subject to this chapter. 217 All boards, committees, and commissions, with the exclusion of the board of equalization, and 218 service area advisory boards, and the fisheries and oceanic research board shall be governed 219 by each of the provisions set forth in this chapter. 220 221 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 222 223 224 225 226 227 i( 228 Je me M. Selby, Borou h 229 ATTEST: 232 Thcr. AA)("A" 230 Kodiak Island Borough, Alaska THIS FIFTH DAY OF MARCH, 2009 KODIAK ISLAND BOROUGH Ordinance No. FY2009 -17 Page 5 of 5