03/01/2005 Joint Work SessionAbandoned Vehicles -_
Kodiak Island Borough /City of Kodiak
Joint Work Session Agenda
March 1, 2005, 7:30 p.m.
Borough Conference Room
Borough Ch ' ing
1
1. Citizens' Comments 3�ip` P°
.
5 i 1
Crab Purchase Entity Status Report 0�
Discussion of the Joint Ground Fish Resolution
New ADF &G Building on Near Island
5
Annexation of Watershed and Requested Private Property/
SENATE BILL NO. 113
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY- FOURTH LEGISLATURE - FIRST SESSION
BY SENATOR BEN STEVENS BY REQUEST
Introduced: 2/23/05
Referred: Resources, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to entry into and management of Gulf of Alaska . groundfish fisheries."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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3 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
4 to read:
5 FINDINGS AND PURPOSE. (a) The Alaska State Legislature finds that
6 (1) groundfish fisheries in the Gulf' of Alaska are facing significant challenges
7 from changing economic conditions and fishery management practices in the federal
8 exclusive economic zone that affect fisheries and fishery resources in a manner that is likely
9 to increase pressures on groundfish stocks;
10 (2) some form of limitation on access into the fisheries may be necessary to
11 provide for the economic health of fishermen in the Gulf of Alaska groundfish fisheries and
12 those dependent upon them for a livelihood and to ensure conservation of the biological and
13 capital resources of the fishery;
14 (3) groundfish fisheries in the Gulf of Alaska are prosecuted by a diverse
15 fishing fleet using many different types of gear and sizes of vessels to harvest multiple species
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1 of groundfish;
2 (4) the current forms of limited entry authorized under AS 16.43 may not be
3 well - suited to promote the best interests of the State of Alaska in the Gulf of Alaska
4 groundfish fisheries;
5 (5) the Alaska Board of' Fisheries has led an effort to explore how best to
6 respond to the changes facing the Gulf of Alaska groundfish fisheries;
7 (6) the Alaska Board of Fisheries has concluded that either the board or the
8 Alaska Commercial Fisheries Entry Commission or both the board and the commission
9 should have statutory authority, applicable only to the Gulf of Alaska groundfish fisheries, to
10 limit participation in the fisheries to persons or vessel owners, or both, with a history of
11 participation in the fisheries;
12 (7) the Alaska Board of Fisheries has concluded that, for the Gulf of Alaska
13 groundfish fisheries, the board or commission, or both, should have authority to allocate
14 differential, exclusive harvest shares to persons or vessel owners, or both, either individually
15 or as members of a harvesting association, based on the history of harvests in the fishery;
16 (8) because the Gulf of Alaska groundfish fisheries are managed by harvest
17 limits, dedicated access privileges may be feasible and appropriate and may better serve the
18 goals of resource conservation, prevention of economic distress among fishermen and those
19 dependent upon fishermen for a livelihood, and promoting the safety of fishermen involved in
20 the fisheries.
21 (b) It is the purpose of this Act to authorize a new type of access limitation program,
22 called a dedicated access privilege program, as best serves the interests of the State of Alaska.
23 The dedicated access privilege program, if adopted and implemented, should result in the
24 allocation of harvest share privileges, in the Gulf of Alaska groundfish fisheries, in a manner
25 that serves the purposes of limited entry under art. VIII, sec. 15, Constitution of the State of
26 Alaska, with the least impingement on the open access principles embodied in art. VIII,
27 Constitution of the State of Alaska.
28 * Sec. 2. AS 16.05 is amended by adding a new section to article 5 to read:
29 Sec. 16.05.740. Allocation of Gulf of Alaska groundfish fishery resources.
30 (a) If the Alaska Commercial Fisheries Entry Commission has adopted a dedicated
31 access privilege program under AS 16.43.530, the holder of a dedicated access
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1 privilege is entitled to share in the overall harvest authorized by the Board of Fisheries
2 to the extent provided by the dedicated access privilege.
3 (b) The Board of Fisheries may adopt regulations to allocate portions of the
4 harvestable surplus of Gulf of Alaska groundfish species to associations of dedicated
5 access privilege holders authorized by the board based on the combined dedicated
6 access privileges held by the members of each association.
7 (c) In considering whether to approve allocation of Gulf of Alaska groundfish
8 species, to the extent practicable, the board shall seek to promote
9 (1) sound fishery management;
10 (2) resource conservation;
11 (3) the economic health of the commercial Gulf of Alaska groundfish
12 fisheries;
13 (4) the economy of the state and of regions of the state dependent on
14 the Gulf of Alaska groundfish fisheries;
15 (5) the enforcement and enforceability of the allocations;
16 (6) coordination With the fishery management system for Gulf of
17 Alaska groundfish fisheries in the adjacent federal exclusive economic zone;
18 (7) the safety of participants in the commercial Gulf of Alaska
19 groundfish fisheries;
20 (8) other important goals as identified by the board.
21 * Sec. 3. AS 16.43.210(a) is amended to read:
22 (a) For each fishery that is not subject to a maximum number of entry permits
23 under AS 16.43.240 and not subject to a moratorium under AS 16.43.225 or a
24 dedicated access privilege program under AS 16.43.530 the commission shall issue
25 interim -use permits under regulations adopted by the commission to all applicants who
26 can establish their present ability to participate actively in the fishery for which they
27 are making application.
28 * Sec. 4. AS 16:43.210 is amended by adding a new subsection to read:
29 (1) An interim -use permit for a fishery subject to a dedicated access privilege
30 program established under AS 16.43.530 may be issued only to a person who qualifies
31 under regulations adopted by the commission under AS 16.43.530.
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1 * Sec. 5. AS 16.43 is amended by adding new sections to read:
2 Article 7A. Gulf of Alaska Groundfish Fisheries.
3 Sec. 16.43.530. Dedicated access privileges for Gulf of Alaska groundfish
4 fisheries. (a) If the commission finds that entry into a Gulf of Alaska groundfish
5 fishery should be limited on the basis of dedicated access privileges to serve the
6 purposes of this chapter, the commission may adopt regulations, developed in
7 conjunction with the Board of Fisheries, that are necessary to establish and implement
8 a dedicated access privilege program for that fishery. The amount of dedicated access
9 privileges initially issued to qualified applicants under a dedicated access privilege
10 program may be based on the quantity of qualified past landings credited to the
11 applicant.
12 (b) In adopting a dedicated access privilege program for a Gulf of Alaska
13 groundfish fishery, to the extent practicable, the commission shall seek to promote
14 (1) sound fishery management;
15 (2) resource conservation;
16 (3) the economic health of the commercial Gulf of Alaska groundfish
17 fisheries;
18 (4) the economy of the state and of regions of the state dependent on
19 the Gulf of Alaska groundfish fisheries;
20 (5) the enforcement and enforceability of the allocations;
21 (6) coordination with the fishery management system for Gulf of
22 Alaska groundfish fisheries in the adjacent federal exclusive economic zone;
23 (7) the safety of participants in the commercial Gulf of Alaska
24 groundfish fisheries;
25 (8) other important goals as identified by the commission.
26 (c) If the commission adopts regulations under (a) of this section to establish a
27 dedicated access privilege program, the commission shall in writing
28 (1) identify how a limitation on access into the fishery on the basis of
29 dedicated access privileges serves the purposes of this chapter;
30 (2) describe why other access limitation programs authorized under
31 this chapter would not best serve the purposes of the chapter, would not be feasible, or
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1 would not serve the best interests of the State of Alaska and its citizens;
2 (3) describe why other feasible access limitation programs authorized
3 under this chapter would be expected to be more exclusive than the dedicated access
4 privilege program adopted by the commission.
5 (d) Regulations adopted by the commission to establish a dedicated access
6 privilege program under this section must address
7 (1) the qualification date, eligibility period, landings threshold, and
8 years of participation in the fishery to be used to determine qualified landings in the
9 fishery, qualified applicants, and initial access to implement the dedicated access
10 privilege program;
11 (2) the permits that must be held by qualified interim -use permit
12 holders, entry permit holders, vessel owners, dedicated access privilege holders, and
13 commercial fishing license holders before and after dedicated access privileges are
14 issued;
15 (3) qualifications for receiving and holding an interim -use permit for a
16 fishery subject to a dedicated access privilege program and requisite restrictions on the
17 holder of an interim -use permit under a dedicated access privilege program;
18 (4) whether the qualified past landings are to be credited, solely or
19 partially, to interim -use permit holders, entry permit holders, vessel owners, or
20 commercial fishing license holders;
21 (5) whether qualified past landings or the dedicated access privileges
22 based on those qualified landings are transferable and the terms and conditions under
23 which the landings or privileges may be transferred;
24 (6) whether dedicated access privileges expire or attenuate over time
25 and the terms and conditions under which the privileges expire or attenuate;
26 (7) the procedures by which persons or vessels without qualified past
27 landings may gain entry into the fishery;
28 (8) the process by which the commission will prevent the fishery from
29 becoming too exclusive;
30 (9) other issues the commission determines appropriate.
31 (e) In this section, "groundfish" means a species of marine finfish other than
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1 halibut, osmerids, herring, or salmonids.
2 Sec. 16.43.535. Dedicated access privileges; general provisions. (a) A
3 dedicated access privilege issued under AS 16.43.530 constitutes a use privilege that
4 may be modified or revoked by order of the commission or by law without
5 compensation.
6 (b) A dedicated access privilege issued under AS 16.43.530 may not be
7 pledged, mortgaged, encumbered, attached, distrained, or sold on execution of
8 judgment or under any other process or order of any court.
9 (c) Nothing in AS 16.43.530 - 16.43.540 limits the powers of the Board of
10 Fisheries or the Department of Fish and Game.
11 Sec. 16.43.540. Dedicated access privileges; fees. (a) The commission shall
12 establish fees for the issuance and renewal of dedicated access privileges. Fees
13 established under this subsection must reasonably reflect the rate of economic return
14 of the dedicated access privileges.
15 (b) Subject to AS 37.10.050(a), the commission may establish fees for
16 processing applications for dedicated access privileges and, if authorized by the
17 commission, transfer of dedicated access privileges.
18 (c) The commission may charge interest at a rate not to exceed the legal rate
19 of interest established in AS 45.45.010(a) on fees established under this section that
20 are more than 60 days overdue
21 * Sec. 6. AS 16.43.945 is amended to read:
22 Sec. 16.43.945. Commercial fishing privileges exempt from claims of
23 creditors. Except as provided in AS 16.10.333 - 16.10.338, AS 16.43.170(g),
24 AS 44.81.215, and 44 81 231 - 44.81.250, commercial fishing privileges granted under
25 this chapter, including entry permits and dedicated access privileges, are exempt
26 from claims of creditors, including claims under AS 09.38.065 and AS 45.29.408.
27 * Sec. 7. AS 16.43.960(a) is amended to read:
28 (a) The commission may revoke, suspend, or transfer all entry or interim -use
29 permits, vessel entry permits, [OR] vessel interim -use permits, or dedicated access
30 privileges held by a person or entity who knowingly provides or assists in providing
31 false information, or fails to correct false information provided to the commission for
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1 the purpose of obtaining a benefit for self or another, including the issuance, renewal,
2 duplication, or transfer of an entry or interim -use permit, vessel license, vessel entry
3 permit, [OR] vessel interim -use permit, or dedicated access privilege. The
4 commission may suspend, as appropriate, that person's or entity's eligibility to hold an
5 entry or interim -use permit, vessel entry permit, [OR] vessel interim -use permit, or
6 dedicated access privilege for a period not to exceed three years, and may impose an
7 administrative fine of not more than $5,000 on the person or entity whose officers,
8 employees, representatives, or agents knowingly provide or assist in providing false
9 information, or fail to correct false information provided, to the commission for the
10 purpose of obtaining a benefit.
11 * Sec. 8. AS 16.43.960(b) is amended to read:
12 (b) The commission shall serve the respondent personally or by certified or
13 registered mail with a notice to show cause why the proposed action should not take
14 place. The notice to show cause must
15 (1) be supported by an affidavit, which may be made on information or
16 belief, setting out the facts that are the basis of the proposed actions;
17 (2) provide for a least 30 days' notice of the place, date, and time of the
18 hearing where the respondent may present evidence in opposition to the proposed
19 action; unless waived in writing by the respondent, the hearing shall be held within the
20 judicial district in which the respondent resides if the respondent resides in the state;
21 the hearing place shall be at the discretion of the commission for those respondents
22 residing outside the state;
23 (3) specify the statutes or regulations violated;
24 (4) state with particularity the action proposed to be taken;
25 (5) indicate to the respondent that the respondent's ability to
26 permanently transfer the permits or dedicated access privileges that [WHICH] are
27 the subject of the show cause proceedings has been suspended as of the date of the
28 notice and will continue to be suspended until the exhaustion of all administrative and
29 judicial remedies; and
30 (6) provide other information the commission considers proper.
31 * Sec. 9. AS 16.43.960(c) is amended to read.
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1 (c) A permit or dedicated access privilege subject to show cause proceedings
2 under this section may not be transferred after the date of the notice in (b) of this
3 section pending exhaustion of all administrative and judicial remedies arising from
4 action taken under this section.
5 * Sec. 10. AS 16.43.960(g) is amended to read:
6 (g) The provisions of this section apply to conduct occurring after January 1,
7 1973, but do not affect a permit or dedicated access privilege held by a person who is
8 a bona fide purchaser. Failure to correct false information is a continuing offense.
9 * Sec. 11. AS 16.43.970(b) is amended to read:
10 (b) A person or entity who knowingly makes a false statement to the
11 commission for the purpose of obtaining a benefit, including the issuance, renewal,
12 duplication, or transfer of an entry or interim -use permit, vessel license, vessel
13 interim -use permit, [OR] vessel entry permit or dedicated access privilege, or a
14 person who assists another by knowingly making a false statement to the commission
15 for the purpose of obtaining a benefit for another, is guilty of the crime of unswom
16 falsification as set out in AS 11.56.210. Upon conviction, the person or entity is also
17 subject to suspension of commercial fishing privileges and revocation of commercial
18 fishing permits under (i) of this section.
19 * Sec. 12. AS 16.43.970(d) is amended to read:
20 (d) If a permit holder or a dedicated access privilege holder is charged by
21 the state with violating a provision of this chapter or a regulation adopted under this
22 chapter, the holder may not transfer any interim -use or entry permit under
23 AS 16.43.170, [OR] any transferable vessel entry permit under AS 16.43.450 -
24 16.43.520, or any dedicated access privilege until after the final adjudication or
25 dismissal of the charges.
26 * Sec. 13. AS 16.43.970(e) is amended to read:
27 (e) Notwithstanding any other provision of this section, an interim -use or entry
28 permit, [OR] transferable vessel entry permit, or dedicated access privilege may not
29 be transferred while under suspension, without the consent of the commission.
30 * Sec. 14. AS 16.43.970(j)(2) is amended to read:
31 (2) "commercial fishing privileges" means the privilege of
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1 participating in an activity for which a commercial fishing permit or dedicated access
2 privilege is required and the privilege of obtaining a commercial fishing permit or
3 dedicated access privilege.
4 * Sec. 15. AS 16.43.990 is amended by adding a new paragraph to read:
5 (12) "dedicated access privilege" means a harvest -use privilege issued
6 by the commission under AS 16.43.530 that authorizes the holder of the privilege to
7 harvest a specified portion of the overall harvest of a specified fishery resource
8 allowed by the Board of Fisheries in a specified fishery.
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SB 113
CITY OF KODIAK
RESOLUTION NUMBER 04-10
A. RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK
SUPPORTING THE RENOVATION AND OCCUPANCY OF THE ALASKA
DEPARTMENT OF FISH AND GAME BUILDING IN DOWNTOWN KODIAK
WHEREAS, for years, Kodiak employees of the Alaska Department of Fish and Game
(ADF &G) have worked in overcrowded conditions and without adequate laboratory space; and
WHEREAS, with a state legislative grant, using a consultant, the Kodiak Island Borough
and local representatives of ADF &G studied several building options; and
WHEREAS, the study determined that a new building can best provide both sufficient office
and laboratory space for ADF &G staff - creating a modern facility to allow ADF &G to continue
their role in the protection of the marine resources in the Kodiak spill region; and
WHEREAS, the study also determined that a minimum of $1.4 million in building code
deficiencies exist in the current Alaska Department of Fish and Game building, and that any
renovation costs for functional space utilization of the building are in excess of this amount; and
WHEREAS, the proposed location for the new ADF &G facility is on Near Island,
considered by many as an ideal location because it provides close proximity to the Fishery
Industrial Technology Center and the Kodiak Fisheries Research Center; and
WHEREAS, the physical proximity will encourage the staff working in all three buildings to
share resources and ideas for marine research in the Kodiak area, especially applied fisheries
research; and
WHEREAS, the City of Kodiak is located in the Exxon Valdez oil spill impact area and the
major goals of the Exxon Valdez Oil Spill Fund are to rehabilitate damaged habitat and monitor
the habitat within the spill zone, and construction of a new Alaska Department of Fish and Game
building contributes to both of these goals; and
•
WHEREAS, the Kodiak City Council has serious concerns that the current ADF &G building
in downtown Kodiak will be left vacant. Such a circumstance can only exacerbate the decline of
downtown Kodiak; and
WHEREAS, since the downtown ADF &G building will be left vacant with the construction
of a new facility on Near Island, the existing building needs to be rehabilitated and renovated to
ensure its continued occupancy; and
WHEREAS, the City of Kodiak is in the process of developing a community emergency
operations center to be co- located with City -owned administrative offices; and
Resolution 04-10
Page lof 2
WHEREAS, the Exxon Valdez Oil Spill Fund also has as a goal, "restoration, other than
habitat, which may include community and economic restoration projects and facilities "; and
WHEREAS, the City of- Kodiak has a substantial interest in the elimination of building code
deficiencies in the current ADF &G building and renovation of the building for functional space
utilization due to the building's significance to the community and economy of downtown
Kodiak; and
WHEREAS, the code - compliant, renovated and expanded ADF &G building in downtown
Kodiak could serve as the City's new community emergency operations center and City -owned
administrative offices.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that
the Council supports the construction of a new Alaska Department of Fish and Game building on
Near Island through the transfer of approximately $8.2 million of Exxon Valdez Oil Spill Fund
monies to the Kodiak Island Borough for this purpose; ONLY IF the existing, downtown Kodiak
Alaska Department of Fish and Game building is transferred to the City of Kodiak with
approximately $2.2 million of Exxon Valdez Oil Spill Fund monies for the purpose of
renovating and maintaining occupancy of the building.
ATTEST:
Resolution 04-10
Page 2 of 2
CITY CLERK
CITY OF KODTAK
M AYOR
Adopted: March 25, 2004
PETITION f3Y' Pt taPEizetV owNott AND kESIbENt ktEDISTEkEb POI
ANNEXATION to THE ltt� a
Subject to approval by the Local 'Boundary Commission of a petition from a city
government, AS 29.06.040(c)(3) allows territory adjoining the petitioning city
government to be anhexed to that city if all owners of the property proposed for
annexation and all registered voters residing on that property first petition the
governing body of that city for annexation.
The owner(s) of and all registered voter(s) residing on the property described
below hereby petition the Cit of �Ie a W for annexation of the property described
below to the City of
YC
Legal description of the property:
Names of resident registered voters currently living on the property:
Signature
Street Address (or equivalent)
Printed Name
Date
Signature
Street Address (or equivalent)
Printed Name
Date
1 3 AAC 110.990(12 defines "property owner" to mean "a legal person holding a vested fee simple
interest in the surface estate of any real property Including submerged lands; "property owner"
does not include Ilenholders, mortgagees, deed of trust beneficiaries, remaindermen, lessees, or
holders of unvested interests in land."
Exhibit 1- Authorization
Page
Signature
Street Address (or equivalent)
Signature
Street Address (or equivalent)
Printed Name
Date
Printed Name
Date
Signature
Street Address (or equivalent)
Printed Name
Date
Signature
Street Address (or equivalent)
Printed Name
Date
Signature
Street Address (or equivalent)
Printed Name
Date
Signature
Street Address (or equivalent)
Printed Name
Date
United Fishermen's Marketing Association, Inc.
P.O. Box 1035 Kodiak, Alaska 99615
Telephone 486 -3453
Fax: 907 - 486 -8362
February 28, 2005
Mayor Carolyn Floyd, City of Kodiak
Members, Kodiak City Council
Mayor Jerome Selby, Kodiak Island Borough
Members, Kodiak Island Borough Assembly
Dear Mayors of the City of Kodiak and the Kodiak Island Borough, Members of the
Kodiak City Council, Members of the Kodiak Island Borough Assembly,
Representatives of the fishing industry, university and state and federal agency
communities who have interest in exploring the opportunities and potential with respect
to enhancing king crab stocks in Alaska have formed the Alaskan Crab Enhancement
Steering Committee. The Steering Committee has tentatively established an objective of
conducting a crab enhancement workshop in Kodiak during the two days immediately
preceding ComFish 2006 (i.e., March 14 and 15, 2006). The workshop is intended to
focus on the three major themes of (1) technical issues, (2) alternative approaches, and
(3) management and social issues. Within these themes, we hope to expand current
knowledge and understanding with respect to several issues that are associated with king
crab enhancement, including, the goals of crab enhancement; cultivation, collection and
transplantation technology and methodology; habitat needs, protection and enhancement;
life -cycle considerations; costs and benefits; sources of capital; successes, failures and
best practices; locations and scale; management and policy considerations; benchmarks
and metrics for evaluating results, efficacy, success and impacts; etc.
The Alaska Crab Enhancement Steering Committee includes: Dr. Bradley Stevens,
National Marine Fisheries Service (NMFS), Kodiak Fishery Research Center; Dr.
Douglas Demaster, NMFS, Director, Alaska Fisheries Science Center; Earl Krygier,
Alaska Department of Fish and Game (ADF &G); Dr. Brian Allee, Director, Alaska Sea
Grant College Program; Ray Ralonde, Aquaculture Specialist, Alaska Sea Grant Marine
Advisory Program; Jeff Stephan, United Fishermen's Marketing Association; Dave
Woodruff, Alaska Fresh Seafoods; Arni Thomson, Alaska Crab Coalition; Gale Vick,
Gulf of Alaska Coastal Communities Coalition; Heather McCarty, Central Bering Sea
Fishermen's Association; Glenn Haight, Fisheries Development Specialist, Alaska
Department of Commerce, Community & Economic Development.
City of Kodiak, Kodiak Island Borough
Alaska Crab Enhancement Workshop; Funding Request
022805; page 2/2
We intend to invite researchers, scientists, practitioners and other individuals from
around the world who posses knowledge or experience with respect to understanding the
complex variables that apply to crab enhancement. We anticipate that the workshop will
cost approximately $50,000.00. These costs include travel related expenses for several
foreign and domestic participants, and other costs that are generally associated with
staging such an event (e.g., informational materials and handouts, clerical support,
refreshments, banquet, luncheons, transportation, meeting space, etc.). We have received
several preliminary pledges of support from NMFS, ADF &G, Alaska Sea Grant, and
others. We anticipate that Alaska Sea Grant will provide logistical and organizational
support, serve as the central treasury, and publish a "proceedings ".
Conducting this event in Kodiak is beneficial for our community. We would be grateful
if the Kodiak City Council and the Kodiak Island Borough Assembly were to consider
making a contribution of $10,000.00 each to support this important workshop. We are
currently establishing the accounting framework for accepting and receiving financial
support and contributions. Therefore, at this time, if you find yourselves favorably
disposed with respect to our request, we respectfully request that you please provide a
placeholder in your respective FY 2006 Budgets to support this workshop. We will be
certain to provide you with periodic updates as we progress with our planning.
Thank you for your consideration of our request for support for the Alaska Crab
Enhancement Workshop. Brad Stevens and I will attend your joint workshop on March 1
to provide further details and information with respect to this request.
Sincerely,
Jeffrey R. Stephan
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2005 -15
Introduced by: Assembly
Requested by: Assembly
Introduced: 03/03/2005
Adopted:
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
SUPPORTING LEGISLATION REQUESTED BY THE ALASKA BOARD OF FISHERIES CONCERNING
ALLOCATIONS OF GULF OF ALASKA GROUNDFISH FISHERY RESOURCES AND ALLOCATIONS
OF FISHERY RESOURCES TO FISHERMEN'S COOPERATIVES
WHEREAS, the fishing industry has requested that the North Pacific Fishery Management Council
develop a rationalization plan for the groundfish fisheries of the Gulf of Alaska; and
WHEREAS, the Kodiak Island Borough and the City of Kodiak have adopted resolutions in support
of a Gulf of Alaska groundfish rationalization program, on the conditions that such program
provides for the long term stability and sustainability of Kodiak Island coastal communities, and
includes elements that mitigate potential negative impacts of rationalization on Kodiak Island
coastal communities; and
WHEREAS, the effectiveness of any Gulf of Alaska groundfish rationalization plan will depend on
its extension into the waters of the State of Alaska and to the waters off Alaska under Federal
fishery management; and
WHEREAS, any rationalization plan implemented in Alaska's waters must recognize the
sovereignty of the State over those waters and allocations of fishing privileges for Alaska waters
must be made, if made at all, with the least possible impingement on the clauses of the Alaska
Constitution that provide "fish...are reserved to the people for their common use" and "laws and
regulations governing the use or disposal of natural resources must apply equally to all persons
similarly situated "; and
WHEREAS, the Alaska Board of Fisheries charged a committee to develop Gulf groundfish
rationalization alternatives for Alaska's waters, taking into account the Constitution's "least
impingement" standard, and the Board's committee formed a steering committee of stakeholder
representatives that held extensive discussions regarding such alternatives; and
WHEREAS, after extensive stakeholder discussion and debate, the Board's committee
recommended a Gulf groundfish rationalization alternative under which fisherman could receive a
temporary privilege to catch a specific portion of the harvestable surplus of a stock of fish which
would be allocated on the basis of historic landings, and that some or all of each such fishery
resource allocation would automatically expire on a time certain basis and revert to the State for
reallocation; and
WHEREAS, the Board of fisheries has found it desirable for the Board to have express statutory
authority to allocate to cooperatives, as the Board believes that cooperatives may be an effective
means through which harvests of groundfish stocks that straddle jurisdictional boundaries
between the State of Alaska and the Federal government could be cooperatives; and
WHEREAS, the Board of Fisheries does not currently have express statutory authority to allocate
fishery resources in proportion to historic landings, or to allocate fishery resources to
cooperatives; and
WHEREAS, the Board of Fisheries has therefore charged its Gulf Groundfish Rationalization
Committee with advocating the adoption of legislation that would provide the Board of Fisheries
and /or the Commercial Fisheries Entry Commission, or a combination of the two, with express
authority to allocate Gulf of Alaska groundfish fishery resources, and only Gulf groundfish fishery
Kodiak Island Borough, Alaska Resolution No. FY2005 -14
Page 1 of 2
resources, to skippers, crew members, vessel owners or other entities, as deemed appropriate,
on the basis of historic landings; and
WHEREAS, the Board of Fisheries has charged its committee with advocating the adoption of
legislation that would provide the Board with express authority to allocate fishery resources to
cooperatives; and
WHEREAS, the Board of Fisheries has traditionally promoted the interests of Alaska's fishermen
and fishing communities, and has specifically taken steps to promote access to the Gulf's Pacific
cod resources for fisherman of the Gulf's coastal communities; and
WHEREAS, any allocation measure ultimately pursued by the Board of Fisheries would be
developed through the Board's public process, and would in any case be subject to the Alaska
Constitution's "least possible impingement" standard: and
WHEREAS, providing the Board of Fisheries with such authority would facilitate adoption of a
Gulf of Alaska groundfish rationalization favorable to the interests of the Kodiak Island fishing
community;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
that the Governor of the State of Alaska is encouraged to support and the Alaska State
Legislature is encouraged to adopt legislation that authorizes the Alaska Board of Fisheries or the
Commercial Fisheries Entry Commission, or the two of them in combination, to:
Section 1: Allocate Gulf of Alaska groundfish fishery resources, and only Gulf of Alaska
groundfish resources, to skippers, crew members, vessel owners or some
combination of them, on the basis of historical landings.
Section 2:
Kodiak Island Borough, Alaska
Allocate fishery resources to fisherman's cooperatives.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2005
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Borough Mayor
Judith A. Nielsen, cMC, Borough Clerk
Resolution No. FY2005 -14
Page 2 of 2
DRAFT DRAFT DRAFT DRAFT
CITY OF KODIAK
RESOLUTION NUMBER 05 -5
A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK SUPPORTING
LEGISLATION REQUESTED BY THE ALASKA BOARD OF FISHERIES CONCERNING
ALLOCATIONS OF GULF OF ALASKA GROUNDFISH FISHERY RESOURCES AND
ALLOCATIONS OF FISHERY RESOURCES TO FISHERMEN'S COOPERATIVES
WHEREAS, the fishing industry has requested that the North Pacific Fishery Management
Council develop a rationalization plan for the groundfish fisheries of the Gulf of Alaska; and
WHEREAS, the City of Kodiak and the Kodiak Island Borough have adopted resolutions in
support of a Gulf of Alaska groundfish rationalization program, on the conditions that such program
provides for the long term stability and sustainability of Kodiak Island coastal communities, and
includes elements that mitigate potential negative impacts of rationalization on Kodiak Island coastal
communities; and
WHEREAS, the effectiveness of any Gulf of Alaska groundfish rationalization plan will
depend on its extension into the waters of the State of Alaska and to the waters off Alaska under
Federal fishery management; and
WHEREAS, any rationalization plan implemented in Alaska's waters must recognize the
sovereignty of the State over those waters and allocations of fishing privileges for Alaska waters, and
must be made, if made at all, with the least possible impingement on the clauses of the Alaska
Constitution that provide "fish are reserved to the people for their common use" and "laws and
regulations governing the use or disposal of natural resources must apply equally to all persons
similarly situated"; and
WHEREAS, the Alaska Board of Fisheries charged a committee to develop Gulf groundfish
rationalization alternatives for Alaska's waters, taking into account the Constitution's "least
impingement" standard, and the Board's committee formed a steering committee of stakeholder
representatives that held extensive discussions regarding such alternatives; and
WHEREAS, after extensive stakeholder discussion and debate, the Board's committee
recommended a Gulf groundfish rationalization alternative under which fishermen could receive a
temporary privilege to catch a specific portion of the harvestable surplus ofa stock of fish that would
be allocated on the basis of historic landings, and that some or all of each such fishery resource
allocation would automatically expire on a time certain basis and revert to the State for reallocation;
and
WHEREAS, the Board of Fisheries has found it desirable for the Board to have express
statutory authority to allocate to cooperatives, as the Board believes that cooperatives may be an
effective means through which harvests of groundfish stocks that straddle jurisdictional boundaries
between the State of Alaska and the Federal government could be coordinated; and
Resolution No. 05-5
Page 1 of 2
WHEREAS, the Board of Fisheries does not currently have express statutory authority to
allocate fishery resources in proportion to historic landings, or to allocate fishery resources to
cooperatives; and
WHEREAS, the Board of Fisheries has, therefore, charged its Gulf Groundfish
Rationalization Committee with advocating the adoption of legislation that would provide the Board
of Fisheries and/or the Commercial Fisheries Entry Commission, or a combination of the two, with
express authority to allocate Gulf of Alaska groundfish fishery resources, and only Gulf groundfish
fishery resources, to skippers, crew members, vessel owners, or other entities, as deemed appropriate,
on the basis of historic landings; and
WHEREAS, the Board of Fisheries has charged its committee with advocating the adoption
of legislation that would provide the Board with express authority to allocate fishery resources to
cooperatives; and
WHEREAS, the Board of Fisheries has traditionally promoted the interests of Alaska's
fishermen and fishing communities, and has specifically taken steps to promote access to the Gulf's
Pacific cod resources for fishermen of the Gulf's coastal communities; and
WHEREAS, any allocation measure ultimately pursued by the Board of Fisheries would be
developed through the Board's public process, and would in any case be subject to the Alaska
Constitution's "least possible impingement" standard; and
WHEREAS providing the Board of Fisheries with such authority would facilitate adoption
of a Gulf of Alaska groundfish rationalization favorable to the interests of the Kodiak Island fishing
community.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City ofKodiak, Alaska, that
the Governor of the State of Alaska is encouraged to support and the Alaska State Legislature is
encouraged to adopt legislation that authorizes the Alaska Board of Fisheries or the Commercial
Fisheries Entry Commission, or the two of them in combination, to:
Section 1.
Section 2. Allocate fishery resources to fishermen's cooperatives.
ATTEST:
Resolution No. 05-5
Page 2 of 2
Allocate Gulf of Alaska groundfish fishery resources, and only Gulf of
Alaska groundfish resources, to skippers, crew members, vessel owners, or
some combination of them, on the basis of historical landings.
CITY CLERK Adopted:
CITY OF KODIAK
MAYOR
Read & Postponed: 2/24/05
PROPOSED AMENDED LANGUAGE TO RESOLUTION 05 -5
?del 4-e/a-ostazete._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KODIAK
SUPPORTING (REQUESTING REGIONAL COASTAL COMMUNITY HEARINGS
CONCERNING) LEGISLATION REQUESTED BY THE ALASKA BOARD OF
FISHERIES CONCERNING ALLOCATIONS OF THE GULF OF ALASKA
GROUNDFISHERY RESOURCES AND ALLOCATIONS OF FISHERY
RESOURCES TO FISHERMAN'S COOPERATIVES
Paragraph 1 page one: delete
Paragraph 6 page one: Whereas, after extensive stakeholder discussion and debate, the
Board's (GOA rationalization committee) recommended....
Paragraph 6 page two: Whereas, providing the Board of Fisheries with such authority
would f acilitate adoption ofa Gulf o Alaska groundfish rationalization (change the
structure of Alaska's fisheries management and the entry into the ground fisheries); and
NOW, THEREFORE, BE IT RESOLVED by the Councfl of the City of Kodiak, Alaska
that the Governor of the State of Alaska is encouraged to support and the Alaska State
Legislature is encouraged to adopt legislation that authorizes the Alaska Board of
Fisheries or the Commercial Fisheries Entry Commission, or the two of them in
combination (request and the Alaska State Legislature to hold, and/or facilitate
regional /community hearings throughout Coastal Alaska's fishing communities
concerning the request for express statutory authority to allocate fishing history in a state
water fishery by the Board of Fisheries and/or by the Commercial Fisheries Entry
Commission), to:
Page two:
Section 1. Provide ample opportunity for public input
Section 2. Allow for appropriate action by the Council of the City of Kodiak
Suggested additions to the Resolution:
Suggested additions to the Resolution:
' o a h
shat Wei
FURTHER BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that
the Alaska State Legislature is requested to include, and the Governor of the State of
Alaska is requested to support, provisions in such legislation that prohibit the State of
Alaska from making any claims whatsoever to any fishing history that has been earned by
Kodiak resident harvesters by harvesting GOA groundfish from inside of three miles
from the federal groundfish TAC during the federal GOA groundfish fishery.
BE IT FURTHER RESOLVED by the Council of the City of Kodiak, Alaska, that
the North Pacific Fishery Management Council is requested to ensure that Kodiak
resident harvesters who have harvested GOA groundfish from inside of three miles from
the federal groundfish TAC during the federal GOA groundfish fishery are treated equal
to those harvesters who have harvested GOA groundfish from outside of three miles, and
that this equal treatment includes actions that affect the award, assignment, distribution,
allocation and rules for ownership and transfer that are associated with the allocation or
award of fishing privileges that derive from fishing history.
FURTHER BE IT RESOLVED by the Kodiak Island Borough that the Alaska
State Legislature is requested to include, and the Governor of the State of Alaska is
requested to support, provisions in such legislation that prohibit the State of Alaska from
making any claims whatsoever to any fishing history that has been earned by Kodiak
resident harvesters by harvesting GOA groundfish from inside of three miles from the
federal groundfish TAC during the federal GOA groundfish fishery.
BE IT FURTHER RESOLVED by the Kodiak Island Borough that the North
Pacific Fishery Management Council is requested to ensure that Kodiak resident
harvesters who have harvested GOA groundfish from inside of three miles from the
federal groundfish TAC during the federal GOA groundfish fishery are treated equal to
those harvesters who have harvested GOA groundfish from outside of three miles, and
that this equal treatment includes actions that affect the award, assignment, distribution,
allocation and rules for ownership and transfer that are associated with the allocation or
award of fishing privileges that derive from fishing history.
b2/21/2005 15:37 9074866048
February 20, 2005
Public Comment: Gulf of Alaska Groundfish Rationalization
Joint Meeting of the NPFMC and the Alaska Board of Fisheries; February 25, 2005
Mr. Art Nelson, Chair
Alaska Board of Fisheries
Ms. Stephanie Madsen, Chair
North Pacific Fishery Management Council
Dear Ms. Madsen and Mr. Nelson,
I am concerned that my federal GOA groundfish fishing history may be taken away from me by the State of
Alaska, or that the Council may allocate my federal GOA groundfish fishing history to the State of Alaska, just
because l earned such federal history during the federal GOA groundfish fishery that occurred inside of three
miles, rather than outside of three miles. 1 am also concerned that my federal GOA groundfish fishing history that
I earned inside of three miles, if allocated to me, may be allocated with rules for ownership, use and transferability
that are different from those rules that govern fishermen who eamed their federal history outside of three miles. It
is not right, just or equitable for the Council to either allocate the federal history that 1 tamed and qualify for under
the criteria for Gulf of Alaska groundfish rationalization to the State of Alaska, or to allow the State of Alaska to
establish rules of ownership, use and transferability for my federal history that are different from those federal
rules that are established for other harvesters who meet the same criteria for GOA groundfish rationalization,
except for the fact that they earned their federal history outside of three miles. It is not right for the Council to
permit the state to even possibly reallocate my federal history to others.
1 have been pot fishing for GOA p. cod since 1991. 1 have earned almost my entire fishing history during the
federal GOA groundfish fishery inside three miles. 1 recently discovered that the federal fishery that occurs inside
three miles was called the parallel fishery, and most participants in this fishery understood that we were fishing in
the federal GOA groundfish fishery. We were told that we needed a federal fishing permit, and an LLP, to
participate in the federal GOA groundfish fishery inside three miles. 1 have carried a federal GOA groundfish
LLP, and a federal fisheries perinit, in every year during which these documents were required. In fact, I was
required to fill out a federal groundfish logbook until vessels under 60 feet became exempt from the federal
logbook requirements. 1 own and operate the FN Cindria Gene (a 53' steel combination vessel), I have been
fishing for 33 years, I am a third generation fisherman, I was born and raised in Kodiak, and commercial fishing
represents 100 % of my income. 1, and my crew and their families (all Kodiak and Alaska residents), rely heavily
on GOA p. cod to support our families, and our fishing business.
I deserve to receive the same rights and privileges for the federal GOA groundfish history that I earned during the
federal GOA groundfish fishery inside of three miles, and to be subject to the same rules of ownership, use and
transferability, as will apply to fishermen who tamed their history outside of three miles during the same federal
fishery. 1 do not want my federal parallel GOA groundfish fishing history that otherwise meets Council, Secretary
of Commerce and federal criteria for Gulf of Alaska groundfish rationalization to be allocated to the State of
Alaska. if necessary, I would be agreeable to harvest my allocation of federal fishing rights outside of three miles.
I deserve to receive the federal fishing history that 1 earned in the federal GOA groundfish fishery, and to own, use
and transfer it, in the same way as those fishermen who earned their history outside of three miles.
Sincerely,
Norman J. Mullan
MULLAN
Norman 3. Mullan
FN Cindria Gene
PO Box 92, Kodiak, AK 99615
Phone, 907486- 5012 /fax, 907.486. 6048 /email, njmullan@alaska.com
TAB 2
FEBRUARY 2005
Supplemental
" FROM : STAR
February 21, 2005
Public Comment
Gulf of Alaska Groundfish Rationalization
Joint Meeting/NPFMC /Alaska Board of Fisheries/February 25, 2005
Ms. Stephanie Madsen, Chair
North Pacific Fishery Management Council
Mr. Art Nelson, Chair
Alaska Board of Fisheries
FAX NO. : 9074865413 Feb. 21 2005 05:03PM P2
Polar Star, Inc.
Patrick Pikus, President
Deana Pikus, Secretary- Treasurer
P.O. Box 2843
Kodiak, Alaska 99615
(907) 486 -5258 Fax (907) 486 -5413
To Whom It May Concern:
I own and skipper the fishing vessel Polar Star, a 58 foot crabber /seiner /longliner based
in Kodiak. All of my crew and I live in Kodiak, and commercial fishing represents
nearly all of our income. The Gulf of Alaska pacific cod fishery results in a significant
portion of that income, so I am greatly concerned about the GOA groundfish
rationalization program that is currently under development by the North Pacific Fishery
Management Council, and about which the State of Alaska is apparently developing
policy and legislation.
My principal concern with the entire rationalization process is that if the federal fishery is
rationalized, and fishing rights are allocated to individuals, then the allocation should be
fair and equitable to all the participants who participated in the federal GOA groundfish
fishery, and who otherwise meet the Council - adopted qualifications for GOA groundfish
rationalization. During the qualifying years I fished during the federal GOA groundfish
fishery both inside and outside of the 3 nautical mile line; approximately 30 of the
federal history that I earned during the federal p. cod fishery occurred inside 3 nm All of
my landings during the federal GOA groundfish fisheries were made under either a
federal fisheries permit or an LLP; I understood that 1 was participating in a federal
fishery, with the quota coming from the federal TAC. Thus, l feel that when the federal
fishery is rationalized, I should receive a federal allocation for fish caught both inside and
FROM : STAR
outside 3 nm. To take 30% to 40% of my federal history away from me because it was
caught inside of an arbitrary boundary would be unjust. Indeed, there are some local
fishermen i know who stand to lose nearly all of their federal rights if their history inside
3 nm is unjustly given to the state.
I recognize that there are many difficulties in coordinating the federal and state fisheries
under the GOA rationalization program. However, I ask the Council to recognize the
rights and federal history of those who participated in the federal fishery inside 3 nm by
implementing unambiguous provisions in your GOA groundfish rationalization program
that clearly allocate federal rights for the history that was earned during the federal GOA
groundfish fishery inside 3 nm. Further, I would ask that any state legislation or policy
that addresses the coordination of federal and state interests with regard to GOA
groundfish rationalization include provisions that support the full allocation of federal
catch history that was earned inside of 3 nm to the individuals who generated that history.
I also ask that these allocations be granted the same quality of use and transferability
priveliges of the federal allocations that result from catch history earned outside of 3 nm.
To take that history or those privileges away from us would be unfair, and, I believe,
ultimately detrimental to many long -time fishermen here in Kodiak, and to the best
interests of Alaska's citizens and coastal communities.
Thank you for your consideration.
Patrick J. Pikus
H /llPolar Star
P.O. Box 2843
Kodiak, AK 99615
Phone: (907) 486 -5258
Fax: (907) 486-5413
FAX NO. : 9074865413 Feb. 21 2005 05:04PM P3
02 09124 FROM F'V PCINT DMEGP- HOLLPND
TO:
Ms. Stephanie Madsen, Chair
North Pacific Fishery Management Council
Fax #: 907- 271 -2817
_JO t9072712817 P.01
SUBJECT:
Public Comment: Gulf of Alaska Groundfish Rationalization
Joint Meeting, North Pacific Fishery Management Council/Alaska Board of Fisheries
February 25, 2005
North Pacific Council
Alaska Board of fisheries
Public Comment.. Joint Meeting, 2/25/05, GOA groundfish rationalization
February 20, 2005
Kenneth N. Holland, Jr.
F/V Point Omega
P.O. Box 608, Kodiak, AK 99615
Tel/fax: 907-486.3764
Dear Board of Fisheries and Council Members,
1 request the Council and the Board of Fisheries to not take any action that would diminish or
extinguish my rights to fully receive, own, use or transfer fishing history that I have earned during my
participation in the federal gulf of Alaska p. cod pot groundfish fishery inside thiee miles. 1 request that
you do not allocate my federal p. cod history to the state of Alaska, and that you do not establish any
special or differential requirements for the ownership, use or transfer of my history, or criteria or standards
for me to receive my history, that are different from those requirements, criteria or standards that are
established for fishermen who have earned their GOA federal p. cod history from outside of throe miles.
• Since 1985 approximately 99% of my harvest of GOA federal p. cod from the federal TAC was earned
inside three miles. This federal history is significant to my fishing business. I invested a significant
amount of personal energy and financial resources to earn this federal p. cod history from the federal GOA
groundfish p. cod TAC fishery. 1 am opposed to being 'seated differently than those fishermen who fished
outside of three miles, just because I earned my federal history inside off three miles. I am opposed to the
allocation of the history that 1 earned during the federal p. cod TAC fishery being allocated to the State of
Alaska. lam opposed to the provision of authority to the state of Alaska to restrict the receipt, ownership,
use and transferability of my earned federal p. cod history in a manner that is different than thc•ndes that
are established by the federal government for the receipt, ownership, use and transferability for any
fishermen who earned their federal p. cod history from outside of three miles.
• 1 first began to harvest federal p. cod from the GOA federal TAC with pots from within 3 miles in
1985, and 1 have mostly fished cod from the federal TAC inside 3 miles since then. This was considered a
federal fishery then, and has been since. 1 carried a federal LLP and a federal fisheries permit for all the
years that NMFS required these documents as a prerequisite to participate in the federal fishery for GOA p.
cod inside three miles. Most fishermen who harvested p. cod from inside three miles from the federal TAC
knew that they were participating in a federal fishery, and we expected that we would be given the same
rights and privileges as those fishermen who fished during the same federal fishery on the same federal
• TAC outside of three miles.
Please allocate the fishing rights and history to me that have 1 earned from fishing cod in the
federal TAC fishery inside three miles during the rationalization years according to the same criteria that
you will use to allocate fishing rights to fishermen who earned their rights and history from fishing cod
from the same federal TAC fishery during the rationalization years from outside of three miles. Please do
not impose more restriccivc requirements on me for receipt, ownetship, use and transfer of my fishing
history than those requirements that you impose on fishermen who earned their history from outside of
three miles
Sincerely yours,
Kenneth N. Holland, Jr.
02 -20 -2005 09:04 BONGEM 907481959 PAGE:2
NPFMC and ABOF
Joint Meeting, 2/25/05
GOA Groundfish Rationalization
Stephanie Madsen, Chair, NPFMC
Art Nelson, Chair, ABOF
Dear Ms. Madsen and Mr. Nelson,
I would like to encourage the Council and Board to be consistent with groundfish history
earned in State waters and history earned in Federal waters. Though very little of my
GOA groundfish history (specifically Pacific cod) occurs within State waters, I believe it
is only fair and equitable that all participants in GOA groundfish fisheries have the same
rights and opportunities attached to their history. A vast majority of fishermen who
harvested Pacific cod during the parallel fishery within three miles carried the same
permits and or licenses as fishermen who harvested Pacific cod outside three miles. To
attach special conditions to participants whose history in the Federal Pacific cod
occurred inside three miles would have a very negative impact both financial and social
on their fishing operations and the communities that they live.
1 am owner /operator of the FN Jeanoah and a resident of Kodiak. We started fishing
Pacific cod in the GOA with pots in 1987, and have participated in the Pacific cod pot
fishery every year since.
With my history of participation in the Pacific cod pot fishery 1 feel I have a good grasp
on the implications of the proposals before you and I believe that unless the history of
all participants in the Federal Pacific cod pot fishery is addressed in like manner, those
whose history was derived inside three miles will suffer significant negative impacts.
Sincerely
Jerry Bongen
PO Box 3523
Kodiak, AK 99615
907 -486 -6245
907 -486 -1959
Feb. 22, 2005
Feb 24 05 09:03a Omega 907.486.8126 p.l
Thorvold L. Olsen
FN Viking Star
PO Box 322, Kodiak, AK 99615
voice: 907-486-5387, far 907 - 486 -8126
February 22, 2005
Letter on Gulf of Alaska Groundfish Rationalization to the joint meeting of the Alas
the North Pacific Fishery Council on February 25, 2005
Mr. Art Nelson, Alaska Board of Fish Ms. Stephanie Madsen, North Pac
ka Board of Fish and
ific Fishery Council
Dear Board and Council members,
I own and operate the 58 -foot F/V Viking Star (pot/longline /seine). I have earned approximately 90% of
my Gulf of Alaska federal p. cod pot and longline harvest history from inside of three miles from the
federal p. cod TAC during the federal p. cod fishery. I am a veteran, and a life -long Alaskan. I have been
fishing in Alaska since I was 13 years old (over 50 years), and I have been fishing p. cod with pots and
longline since 1986. Commercial fishing is 100% of my income. My entire crew are local residents.
As the Council develops the GOA groundfish rationalization program, I request that you award me, and
not the state of Alaska, the federal GOA p. cod history that I earned while harvesting federal p. cod from
inside of three miles from the federal TAC during the federal GOA groundfish fishery. I object to having
my federal cod history, or any rights to my federal cod history, allocated to the state of Alaska by the
Council or the federal government. I also object to the Council or federal government giving the state any
jurisdiction over my history, or over how much of my history the federal government allocates to me, or
over how 1 may receive, use or transfer my federal history. The Council and the Secretary of Commerce
should treat me the same way as they will treat any other fishermen who earned their history while
harvesting p. cod from the federal TAC during the federal GOA groundfish fishery, and the fact that I
earned my federal history from inside of three miles should not be a reason to discriminate against me. I
should be treated the same with regard to the allocation of my federal p. cod history as any other
fishermen who meet the qualifications for GOA groundfish rationalization. Many fishermen who earned
their federal p. cod history from inside of three miles from the federal TAC during the federal fishery are
Alaska residents, and many are Kodiak/Alaskan -sized vessels (45'- 100'). Why would the Council or the
state put so many of these Alaska resident fishermen at a disadvantage as compared to other fishermen?
It is unfair and unjust for the Council and the federal government to allocate the federal GOA groundfish
history that 1 earned, and that belongs to me, to the state of Alaska, or to their jurisdiction.
I have historically fished in Shelikof Strait during the federal p. cod fishery. Almost all the grounds
outside of three miles in the Shelikof Strait are unfishable due to the tides and the nature of the
topography. I have been required to have a federal fishing permit and an LLP for as long as they have
been required by regulation. I also kept a federal GOA logbook when they were required.
I should be allocated federal rights for 100% of my cod history that I earned while fishing inside of three
miles from the federal p. cod TAC during the federal GOA p. cod fishery. The state has no claim to any
of my history, or to how I should receive it, use it or transfer it.
Sincerely,
7je.- � i
Thorvold L. Olsen
Judi Nielsen
From: Freed, Linda [lfreed @city.kodiak.ak.us]
Sent: Tuesday, February 22, 2005 6:15 PM
To: Judi Nielsen
Cc: Nancy Galstad; Marlar, Debra
Subject: RE: Joint Work Session - March 1st
Annexation
Petition2.doc
Judi,
I've attached a backup item for the "Annexation of Watershed and Requested Private
Property" item that the City requested be on the joint work session agenda.
In addition, at our crab purchase task force meeting earlier today, Tuck and Dave asked
that the following item be added to the joint work session agenda as the first item.
"Crab Purchase Entity Status Report"
I don't have any backup material for this item right now. It may end up being a handout at
the meeting. Let me know if you need anything else from me. Thanks.
Linda L. Freed
City Manager, City of Kodiak
710 Mill Bay Road
Kodiak, Alaska 99615
(907) 486 -8640 (voice)
(907) 486 -8600 (fax)
lfreed @city.kodiak.ak.us
Original Message
From: Judi Nielsen [ mailto :jnielsen @kib.co.kodiak.ak.us]
Sent: Tuesday, February 22, 2005 3:32 PM
To: Freed, Linda
Subject: RE: Joint Work Session - March 1st
Hi,
Do you have any backup that can be copied for the Assembly and Council?
Thanks, Judi
Original Message
From: Freed, Linda [ mailto :lfreed @city.kodiak.ak.us]
Sent: Monday, February 21, 2005 3:21 PM
To: Nancy Galstad; Judi Nielsen
Cc: Marlar, Debra
Subject: Joint Work Session - March 1st
Hi Nancy /Judy:
The Kodiak City Council can meet in a joint work session with the Borough Assembly on
March 1st at 7:30 pm. Several Council members are unable to make it to a noon work
session. It is my understanding that the Assembly is able to meet in the evening, since
the Council can't meet during the day.
We understand that the items the Borough would like on the agenda are:
* New ADF &G Building on Near Island
*Abandoned Vehicles