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2007-06-19 Joint Work SessionJOINT BOROUGH ASSEMBLY /CITY COUNCIL WORK SESSION AGENDA Tuesday, June 19, 2007 Kodiak Island Borough Assembly Chambers 7:30 p.m. Joint work sessions are informal meetings of the Borough Assembly and City Council where elected officials discuss issues that affect both City and Borough governments and residents. Although additional items not listed on the joint work session agenda are sometimes discussed when introduced by elected officials, staff, or members of the public, no formal action is taken at joint work sessions and items that require formal action are placed on a regular Borough Assembly and /or City Council meeting agenda. Public comments at work sessions are NOT considered part of the official record. Public comments intended for the "official record" should be made at a regular Borough Assembly and City Council meeting. 1. Public Comments (limited to 2 minutes) Discussion Items 2. Joint Kodiak Fisheries Advisory Committee Appointments City Manager Freed will ask for Assembly and City Council consensus to add the following item to the agenda: Discussion of annual appointments to the Kodiak Fisheries Development Association Following is the information regarding this item. KODIAK ISLAND BOROUGH ASSEMBLY KODIAK CITY COUNC L JOINT WORK SESSION OF. 4 i 9 /tea " Please print your name Please print your name DATE: June 19, 2007 MEMO TO: Borough Assembly /City Council 1 FROM: Nova M. Javier, CMC RE: Joint Kodiak Fisheries Advi &ry Committee Applications Applications received from: 1. Alan Austerman 2. Julie Bonney 3. Steve Branson 4. Terry Haines 5. Jim Hamilton 6. Seamus Hayden 7. Chris Holland 8. Oliver Holm 9. Linda Kozak 10. Alexus Kwatchka 11. Norman Mullan 12. Theresa Peterson 13. Rolan Ruoss 14. Jeffrey Stephan 15. Jay Stinson 16. Chuck Thompson 17. John Whiddon 18. David Woodruff Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Representing: Citizen -At -Large Large Processor Seat Skipper and Crew Representative Crewmembers Large Trawler Seat (Letter of support from AK Groundfish Data Bank attached) Small Long Line Vessels Large Long Line Vessels (UFMA Recommendation) No specific designation mentioned Large Long Line /Bering Sea Aleutians Island Crab Small Long Line Vessels (Recommendation from Rolan Ruoss) Small Pot Vessels (UFMA Recommendation) Conservation Community and Salmon Gill Net (Recommendation from Rolan Ruoss) Business Community Large Pot Vessels No specific designation mentioned (Recommendation from Al Burch) Jig /Small Boat Small Processors Small Processors (UFMA Recommendation) NAME: /Pig (.,c 0/(il HOME PHONE: q07 - ' 5 - ?) WORK : ?0 3V E -MAIL: STREET ADDRESS: z-/-O ( 6( L / f c Z MAILING ADDRESS: 541 .� LENGTH OF RESIDENCE IN KODIAK: ! r14L IN ALASKA: 6 ARE YOU A REGISTERED VOTER IN KODIAK? YES (4) NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES Ks NO ( ) COMMUNITY ACTIVITIES: e (&? -- l7 (L - Cam- < 41 _ 6;o(4--(c.- ck 46-c — K . . 6. 45 4,C� PROFESSIONAL ACTIVITIES: f A A/ 5 ow ��- Kodiak Island Borough Office of the Boroug 710 Mill Bay Roa Kodiak, Alaska 99 Phone (907) 486 -9310 Fax EMAIL: njavier @kib.co. BOARD APPLICATION c es ��•�- — /°g s /csG u AREA OF EXPERTISE AND /OR ED CATION: P&skcotkc .___ / 04-sT - C IS(* 4' —f7 " ild 4 Actvicsoku -6 rtic)2- I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. Ko1(AV- t 6of-V5 400( d)si r<7Tee 2. 3. ( 0 twat -11 14,1* 6Roa,°) Signature Voter ID No Verified By: Applicant's Residence; Bor Date Appointed: Term Expires on: Comments: Documentation: 4. - STAFF USE ONLY - 010' '?" Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the /advertised deadline. Appointment Letter: Roster: Oath of Office: Financial Disclosure: Sincerely, Julie Bonney Groundfish Data Bank al PH; 907-486-3033 FAX 907-486 -3461 P.O. BOX 788 - KODLAK,AK. 99615 OD Julie Bonney, Executive Director (11 y, jb onney© gci.net Ole 9 d4"007 June 18, 2007 To the City of Kodiak Council members and the Kodiak Island Borough Assembly members, I am interested in serving on the Kodiak Fishery Advisory Committee. I would like to be appointed to the large processor seat. I feel I am qualified for the position since I represent many of the large processors in the NPFMC arena on fish policy issues and understand most of the large processor issues regarding fish policy. I believe that I am qualified to serve on the committee. I attend all the North Pacific Fisheries Management Council (NPFMC) meetings, am appointed to several NPFMC committees including the Stellar Sea Lions Mitigation Committee (SSLMC), Non - target fisheries committee and the Observer Advisory Committee. I also served on the GOA rationalization task force as an advisor to the Kodiak government officials. Thanks for considering my interest in the appointment. I will be unavailable for the meeting June 19 due to a SSLMC meeting in Seattle. If you have any questions do not hesitate to contact me. JUN 1 8 2007 BOROUGH CLERK'S OFFICE NAME: ,=3-1-et-t Signature Kodiak Island Borou Office of the 710 Mill Kodiak, Al Phone (907) 486 -9310 EMAIL: njavier @k BOARD APPLICATION HOME PHONE: ` ' 16 ? CC WORK : .5 -31 -5'(4v E -MAIL: 6 vavt56t-S6 .-' r 5 (a..s4 • STREET ADDRESS: (3 (0 i MAILING ADDRESS: goy LENGTH OF RESIDENCE IN KODIAK: 4 7 1 ' 3 ? - IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES @ NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES,) NO ( ) COMMUNITY ACTIVITIES: 1 v' 7 1. �.RA/ /' t e SG'' (bcttiftt // {- — 2. 3. 4. PROFESSIONAL ACTIVITIES: CcGZtGtLeP6 2 7SIe "t�'fit C ve 1 0-tem, S / Sv Cr Dat h r. kmav E oaa 91 4 8 3 6 -9 2007 ) 91 b.cL. -- - - BOROUGH 1 OFFICE CP 0-'71W ‘ : / 1 / 166 - 1 AREA OF EXPERTISE AND /OR EDUCATION: / L z �, '• 5 , � j Z,� (b, � 0(4 t S 5 7Q/€'4 d— Cvre, ,,�r / - e p !19 74:(,f { ` - /4C� tl ire- �f s I A INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) — 7 ( 07 A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. - STAFF USE ONLY - v Voter ID No Verified By: if Documentation: Appointment Letter: Applicants Residence; Borough ( ) City ( Roster: Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: NAME: / e R`' H-(/JE S HOME PHONE: W6. - (75 ?WORK : E-MAIL: S !oh a t j -mss 2 -A e.) co wk STREET ADDRESS: 7214 / L L /AO E MAILING ADDRESS: CA LENGTH OF RESIDENCE IN KODIAK: 7 l'12 5 IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES pi ARE YOU A PROPERTY OWNER IN KODIAK? YES' COMMUNITY ACTIVITIES: (' tvi V r ( ?'4 5 PROFESSIONAL ACTIVITIES: r1 5 k /Aff(v AREA OF EXPERTISE AND /OR EDUCATION: Me-01/3 E--P- . /1 r© C 41 1. i ( IA ,6 3. BOARD APPLICATION Signature A resume or letter of interest may be attached, but is not required. Please return the application by the advertised deadline. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kib.co.kodiak.ak.us 2. 4. JUN 1 1 200/ BOROUGH CLERK'S OFFICF I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 6 - 04 r 07 Date This application will be kept on file for one year. Voter ID if If� ,�y7 t o er No Verified led By: ✓ Applicant's Residence; Borough ( ) City ( Appointed: Term Expires on: Comments: - STAFF USE ONLY - Documentation: Appointment Letter: Roster: Oath of Office: Financial Disdosure: Groundfish Data Bank la PH: 907. 486.3033 FAX: 907.4 6.3461 P.O. BOX 788 - KODIAK, AK. 99615 J ulie Bonney, Executive Director es Julie jb onney© gci.net To the City of Kodiak Council members and the Kodiak Island Borough Assembly members, The members of Alaska Groundfish Data Bank nominate Jim Hamilton to serve on the Kodiak Fishery Advisory Committee. We believe that Jim would be an appropriate individual to be appointed to the large trawler seat. Jim is the vessel manager and part time operator of the fishing vessel Ocean Hope 3, a large trawler that is home ported in Kodiak. The vessel participates in the Bering Sea pollock fishery, the Central Gulf of Alaska rockfish pilot program, and the open access trawl fisheries in the Gulf of Alaska (GOA). While in the GOA, the vessel delivers to processors in Kodiak. Jim will be unavailable for the meeting June 19 since he is in on the way to the Bering Sea and will be operating the vessel for the beginning of the B season pollock fishery. He is willing to serve on the committee and will be available for most of the advisory meetings in Kodiak. Sincerely, e4617 Julie Bonney June 18, 2007 L JUN i 8 2007 BOROUGH CLER'K'S OFFICE. NAME: t Kodiak Island Borough Office of the Borough 710 Mill Bay Roac D Kodiak, Alaska 99E 1 Phone (907) 486 -9310 Fax (9 7 84.43g18 2007 J EMAIL: njavier @kib.co.kodia .ak.us BOROUGH CLERK'S OFFICE BOARD APPLICATION HOME PHONE: WORK :X - 2.9% E -MAIL: L. ‘)6.2. FtSr ( P01. Cow\ STREET ADDRESS: 1S1+ SP'sKes1 MAILING ADDRESS: Pa SoX g(7rGO0\ IN1/4 ��-S GJ LENGTH OF RESIDENCE IN KODIAK: S `� Pcg.. IN ALASKA: \S ARE YOU A REGISTERED VOTER IN KODIAK? YES ( ) NO O ARE YOU A PROPERTY OWNER IN KODIAK? YES (4 NO ( ) COMMUNITY ACTIVITIES: Q ,fO`�� - LcCkL PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: ack Pc L--c Z N LON Crt N I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. JO\'- J\so -y 2. 3. ! P 4. Sig : u — e A resume or letter of interest may be attached, but is not required. Please return the pplicatii by the adv rtised deadline. Cc e.c.AAL F\St\E X 1 1 \$ 0 7 D t This application will be kept on file for one year. Voter ID No Verified By: Applicants Residence; Borough Gty Date Appointed: Term Expires on: Comments: - STAFF USE ONLY - Documentation: Appointment Letter: Roster: Oath of Office: Finandal Disclosure: June 18, 2007 City of Kodiak Ms. Carolyn Floyd, Mayor City Council Members Ms. Linda Freed, Manager Kodiak Island Borough Mr. Jerome Selby, Mayor Borough Assembly Members Mr. Rick Gifford, Manager % If 1 0 11 I r s 1' 1 e• Holland- "Large Longline Vessels" Dear Mayor Floyd, Mayor Selby, Kodiak Borough Assembly Members, Kodiak City Council Members, Managers Freed and Gifford, On behalf of the membership of the United Fishermen's Marketing Association, Inc. (UFMA), I would like to recommend that you appoint Ms. Chris Holland to the Kodiak Joint Kodiak Fisheries Advisory Committee that was recently established by the Kodiak City Council and the Kodiak Island Borough Assembly. We recommend that Chris Holland be considered for appointment to the seat that has been designated for "Large Longline Vessels ". Chris and Ken Holland own and operate the F/V Point Omega (72' LOA), and participate with the F/V Point Omega in the longline and pot fisheries of the Gulf of Alaska. We believe that Chris Holland's experience and knowledge will ensure that she will make a positive contribution to this committee. Thank you. Sincerely, United Fishermen's Marketing Association, Inc. P.O. Box 2917 Kodiak, Alaska 99615 Telephone 486 -4568 fax: 907- 486 -8362 lid Jeffrey R. Stephan a•ct t 1.1_ itti e t Nova Javier Subject: FW: Kodiak Fisheries Advisory Committee - Another Application Importance: High > Another application. FYI - the first e -mail notice I sent out about > the committee, requesting applications, went out on May 28th. > 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: Oliver Holm [mailto:chicken @gci.net] > Sent: Monday, June 18, 2007 11:52 AM > To: Freed, Linda > Subject: Re: Joint City Council - Borough Assembly work session: > Tuesday, June 19th at 7:30 pm in the Kodiak Island Borough Assembly > Chambers - FISH > Importance: High > City Manager Linda Freed, > I just happened to get back into town last night and heard about the > call for interest in membership /appointment to the fisheries advisory > committee. Most people involved in the salmon industry are > currently out of town fishing. With the short notice and timing of > the announcement I am not surprised that there are so few people > putting their names in so far. > I am interested in appointment to the committee. I was on the gulf > task force as the representative of the Kodiak Fish and Game Advisory > committee, of which I am currently chairman. > I fish out of Kodiak with a 48' boat, the Sulina for Kodiak tanner > crab, Kodiak roe herring, 3A and 3B halibut, Kodiak salmon, and for > smaller amounts of pacific cod and sablefish. > My wife setnets for salmon in Uganik Bay. Four generations of my > family have lived and fished in Alaska. > I am currently president of the board of directors of the Kodiak > Regional Aquaculture association, this region's salmon enhancement > association. I also chair the Alaska Marine Conservation Council > Board. I was briefly an interim appointee to the Alaska Board of > fisheries between administrations. I served three years as a member > of the advisory panel to the North Pacific Fisheries Management > Council in the eighties. For three years I was vice president of > United Fishermen of Alaska. I served on the Kodiak Island Borough > task force that worked on the interception issues brought before the > Alaska Board of Fisheries. > I first came to Kodiak in 1962 from Juneau. I graduated from Kodiak > High School in 1966. I feel that I am well qualified to participate > in the joint city- borough fisheries advisory committee and wish to be > considered for appointment. > Oliver Holm > > 486 -6957 > > PO Box 3865 Voter Id No. Verified By_ > Kodiak, AK 99615 Applicant's residenceBorottgh it/( Date Appointed: Term Expires on: Comm ents: D E C[ !JUNI 8 2007 BOROUGH CLEFci;'S OFFICE V V/ 1 1/ LV V 1 V,. JL J J VJ KOZAk & ASSOCIATES, INC. P. O. Box 2684 - Kodiak, AlaskA 99615 PNoNr 907. 486.8824 - Cdl 907.539 -5585 - FAx 907-486-6963 E-MAIL - kozAk @AiAskA.coM TO: Kodiak City Council Kodiak island Borough Assembly FROM: SUBJ: Fisheries A visory Committee DATE: June 17, 2007 Linda Kozak Large longline - Bering Sea/Aleutian Islands crab L 111 LF1 f \VLI'11\ I would like to submit my name for consideration to be appointed to the newly formed Fisheries Advisory Committee. I was able to serve on the former Gulf Groundfish Advisory Task Force and believe I can bring something of value to the process. As you may be aware, I have been working on fisheries issues since the late 1980's, primariily with longline and crab harvesters. My family also fishes salmon in Bristol Bay and while I haven't actively fished in the last four years, I still own a setnet operation, operated by my sons. My participation on the committee would be on behalf of my clients. My understanding is that there are designated seats and my involvement could be for one of the following interest groups: Thank you for your commitment to making good decisions for our community and island regarding the important fishery issues facing us in the next few years. If Kodiak is to thrive, we need to actively work to ensure that our fisheries are healthy and that our fishermen have a dependable source of good income available to them. We can only do that through proactive measures that benefit Kodiak. I look forward to helping in that process. 'r , d1c; k Ct'�4 Co,A ►i c; I 0,4 K c k 7-L . o c o�.cc�►n p shQr es ! v I SOr ar /5"yvka`t `._-vr\ „1 vesse.k 10--KCA `S �� ac eve_ cstslarfflon i n -- ha1t + , caa SlnwA erl GA_ kos pai—rtcyi ted G` {7 -£ S (S fylatt bo aC p,s. Ate,xu 3 drdL4 \ - tskart :“ \ oti a rest dh.1- o Kodkck o � -r f, 6y o « f 5 w2-IA 1A fwi-Q ; rr ( e s +s issues f is'ikar t i v-citice S an 1 S - 11 04 k. yo4 R r cv,ns 0 (44 ` i5)A 1 v hos e1 1 -6 Oa r e-se ec4ecl L a(I I 54 BOROUGH CLERK'S OFFICE d IA C flo or 1 1h_a, -- ( -- c on t �Q, 1 NI` sh1� ° Sou.e.re ?alctvJLoss Mon Jun 16 16:15:37 2007 P. 2 June 18, 2007 City of Kodiak Ms. Carolyn Floyd, Mayor City Council Members Ms. Linda Freed, Manager Kodiak Island Borough Mr. Jerome Selby, Mayor Borough Assembly Members Mr. Rick Gifford, Manager Re: Application for appointment to Joint Kodiak Fisheries Advisory Committee /Mr. Norman Mullan- "Small Pot Vessels" designation Dear Mayor Floyd, Mayor Selby, Kodiak Borough Assembly Members, Kodiak City Council Members, Managers Freed and Gifford, On behalf of the membership of the United Fishermen's Marketing Association, Inc. (UFMA), I would like to recommend that you appoint Mr. Norman Mullan to the Kodiak Joint Kodiak Fisheries Advisory Committee that was recently established by the Kodiak City Council and the Kodiak Island Borough Assembly. We recommend that Mr. Mullan be considered for appointment to the seat that has been designated for "Small Pot Vessels ". Mr. Mullan owns and operates the F/V Cyndria Gene (53' LOA), and participates with the F/V Cyndria Gene in the pot and longline fisheries of the Gulf of Alaska. We believe that Mr. Mullan's experience and knowledge will ensure that he will make a positive contribution to this committee. Thank you. Sincerely, United Fishermen's Marketing Association, Inc. P.O. Box 2917 Kodiak, Alaska 99615 Telephone 486 -4568 fax: 907 - 486 -8362 Jeffrey R. Stephan - To ‘. - 60c-0,.. n 1 , . Ass erri LA '. 1 s krc s I eu5e . o �{ C -c esc. e �e�sc,� `-his �G�d P� s t - �e�(sv�r� 5 c.urre►�A � o c�� -ban cis111vl cui 7 -e. r --�- r S � � a-(1v e ci s �' „,, G bo�rd rve As. 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M 't ,��e)('es i c -- - n 'SUC e.- -— b a cv-e [1 Mona e,c a des ace_ su�(�vc t cvr 5-2 cved reso,Arce, / i) arves4ed b K reS) de-1 �cc i 1 7 CS b L , June 17, 2007 City of Kodiak Ms. Carolyn Floyd, Mayor City Council Members Ms. Linda Freed, Manager Kodiak Island Borough Mr. Jerome Selby, Mayor Assembly Members Mr. Rick Gifford, Manager Re: Application for appointment to Joint Kodiak Fisheries Advisory Committee /Jeff Stephan Dear Mayor Floyd, Mayor Selby, Kodiak Borough Assembly Members, Kodiak City Council Members, Managers Freed and Gifford, I hereby submit my name for consideration by the City of Kodiak Council and the Kodiak Island Borough Assembly for appointment to the Kodiak Joint Kodiak Fisheries Advisory Committee that was recently established in City of Kodiak Resolution 07 -17, and in Kodiak Island Borough Resolution FY2007 -38. After speaking to UFMA members, I herewith apply for the "Large Pot Vessels" designation (i.e., the membership of UFMA includes large and small pot fishermen, large and small longline fishermen, and salmon /herring net fishermen). I have read, am familiar with and respect the purposes that are indicated for the Kodiak Joint Kodiak Fisheries Advisory Committee. I understand the variety and diversity of the social, economic and regulatory issues and impacts that are related to federal and state fishery management actions. As you know, I served on the Kodiak Gulf of Alaska Groundfish Rationalization Task Force that was previously established by the Kodiak Island Borough and the City of Kodiak. Thank you for your consideration of my interest to participate as a member of the Kodiak Joint Kodiak Fisheries Advisory Committee. I am sure that I can make a positive contribution to achieving the objectives and purposes of this committee. Sincerely, Voter Id No. Verified By United Fishermen's Marketing Association, Inc. P.O. Box 2917 Kodiak, Alaska 99615 Telephone 486 -4568 fax: 907 - 486 -8362 Jeffrey R. Stephan Applicant's residence Borou• City Vr Date Appointed: _ Term Expires on: Comments: 06 -15 -2007 14:35 BONGEM 907481959 June 18, 2007 Ms. Carolyn Floyd, Mayor City Council Members Kodiak Island Borough Mr. Jerome Selby, Mayor Assembly Members Dear Mayors Floyd and Selby, Members of the City Council, and the Kodiak Island Borough Assembly, I am part owner of two large fishing vessels, The FN Jeanoah (82'), and the FN Pacific Venture (102') that fish with pots longline. I would like to recommend that you appoint Jeff Stephan. United Fisherman's Marketing Association, to the Kodiak City /Kodiak Island Borough Fisheries Advisory Committee for the seat designated for "Large Pot Vessels ". Sincerely, Jerry Bongen PAGE:1 BOROUGH CLERK'S OFFICE JUN, 8 2007 IL)) Alaska Draggers Association June 18, 2007 ( BOROUGH CLEK'S 'OFFICE To: Kodiak City Council Members & Kodiak Island Borough Assembly Members Dear Council and Assembly Members: The Alaska Draggers Association would like to nominate Jay Stinson to serve on the newly formed Kodiak Fishery Advisory Committee. Jay was one of the members of the previous advisory committee. He brings to the committee a lot of perspectives from life -long fisherman, to small boat management, to marketing and knowledge of the world market for fish, to international fisheries management (he is one of the United States' advisors to the North Pacific Anadromous Fisheries Commission ). Thank you for your consideration of Jay Stinson. The Alaska Draggers Association also urges you to support the appointment of Julie Bonney and Jim Hamilton to the Kodiak Fishery Advisory Committee. Sincerely, Al Burch Executive Director P.O. Box 991 Kodiak, AK 99615 (907) 486 -3910 alaska @ptialaska.net Freed, Linda From: charles thompson [dsfisheries @yahoo.com] Sent: Thursday, June 07, 2007 8:26 PM To: Freed, Linda Subject: RE: Joint Kodiak Fisheries Advisory Committee - City Council passed authorizing resolution Thursday, May 24th Linda Jig, small boat„ Thanks Chuck - -- "Freed, Linda" <lfreed @city.kodiak.ak.us> wrote: > Thanks Chuck, > What group are you interested in representing on the > Advisory Committee? Please let me know, so I can > pass the information on to the Council and Assembly. > Thanks again. > 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: charles thompson > [mailto:dsfisheries @yahoo.com] > Sent: Friday, June 01, 2007 9:51 PM > To: Freed, Linda > Subject: Re: Joint Kodiak Fisheries Advisory > Committee - City Council > passed authorizing resolution Thursday, May 24th > Linda > I am in Bristol Bay at this time. I would like my > name > included on the list for the advisory committee. > Thanks > Chuck Thompson > - -- "Freed, Linda" <lfreed @city.kodiak.ak.us> wrote: > > Hello All: > > I'm sorry if you receive this e -mail twice, but I 1 Nova Javier From: John Whiddon [jwhiddon @pacseafood.com] Sent: Friday, June 15, 2007 4:51 PM To: Freed, Linda Subject: Kodiak Fisheries Advisory Committee Ms. Freed: I would like to submit my name for consideration as a member of the Kodiak Fisheries Advisory Committee. If there is a small processor seat, I would specifically like to apply for that seat. Island Seafoods participated in the Rockfish Pilot Program as an entry level processor which provides us with valuable insights into how an entry level program works. We buy fish from all harvesting sectors and participate in most of the fisheries, so can contribute effectively from the small processor perspective. Thank you for your consideration. John Whiddon General Manager Island Seafoods Kodiak, AK The Pacific Seafood Group 0A 6/18/2007 Mon Jun 18 16:50:24 2007 P. 2 June 18, 2007 United Fishermen's Marketing Association, Inc. City of Kodiak Ms. Carolyn Floyd, Mayor City Council Members Ms. Linda Freed, Manager Kodiak Island Borough Mr. Jerome Selby, Mayor Borough Assembly Members Mr. Rick Gifford, Manager Re: Application for appointment to Joint Kodiak Fisheries Advisory Committee /Mr. Dave Woodruff - "Small Processors" designation Dear Mayor Floyd, Mayor Selby, Kodiak Borough Assembly Members, Kodiak City Council Members, Managers Freed and Gifford, On behalf of the membership of the United Fishermen's Marketing Association, Inc. (UFMA), I would like to recommend that you appoint Mr. David Wnndniff to the Kodiak Joint Kodiak Fisheries Advisory Committee that was recently established by the Kodiak City Council and the Kodiak Island Borough Assembly. We recommend that Mr Woodruff should be considered for appointment to the seat that has been designated for "Small Processors ". Mr. Woodruff is Vice President and a Partner in Alaska Fresh Seafoods (AFS). AFS has been in operation in Kodiak since 1978. As you know, Dave has been involved in many committees that address federal and state management issues. He has served as a member of the Kodiak Fish and Game Advisory Committee, having served as Chair of this committee for several years. Dave also served as a member of the Advisory Panel of North Pacific Fishery Management Council. It is important to note that as a partner in Alaska Fresh Seafoods, Dave holds an ownership investment in a Kodiak waterfront processing entity. Moreover, as the operational supervisor of AFS, he also has valuable knowledge and understanding of the operational aspects of a his small processing entity. We believe that Mr. Woodruff's experience and knowledge will ensure that he will make a positive contribution to this committee. Thank you. S incerely, Jeffrey R. Stephan P.O. Box 2917 Kodiak, Alaska 99615 Telephone 486 - 4568 fax: 907 - 486 -8362 CITY OF KODIAK RESOLUTION NUMBER 07 -17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK RESCIND- ING RESOLUTION NO. 06-2 AND ESTABLISHING A JOINT KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, WHEREAS, Kodiak is a fishing community, and Kodiak's economic health and social welfare depend on the sustained ability of its residents to harvest and process the marine resources of the Gulf of Alaska and the Bering Sea; and WHEREAS, State and Federal fishery management actions determine whether the marine resources of the Gulf of Alaska and the Bering Sea are managed for sustained yield; and WHEREAS, State and Federal fishery management actions can determine the extent to which Kodiak's residents have the ability to harvest and process the marine resources of the Gulf of Alaska and the Bering Sea, can alter the economic and social relationships among Kodiak's harvesters, processors and fishery support businesses, and can affect the overall economic health and social welfare of the Kodiak community at large; and WHEREAS, it is in Kodiak's best interests for its City and Borough governments to be well informed regarding the potential impacts of State and Federal fishery management actions on the Kodiak community and to have an opportunity to effectively comment on such actions before they are taken; and WHEREAS, it is in Kodiak's best interests to facilitate consensus among Kodiak's harvesters, processors, businesses and citizens -at -large concerning potential fishery management actions, both to promote harmony in the community and to enhance Kodiak's ability to influence State and Federal fishery policy makers and managers; and WHEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have determined that a properly constituted fisheries advisory committee can provide valuable assist- ance to the City Council and Borough Assembly by identifying fishery management actions that could affect Kodiak and by preparing community position statements regarding such fishery management actions for the consideration of the City Council and the Borough Assembly; and WHEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have determined that a properly constituted fisheries advisory committee could serve as a forum for building consensus within the Kodiak community regarding fishery management actions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that Resolution 06-2 is rescinded, and the "Kodiak Fisheries Advisory Committee" is hereby established to take the place of the "Gulf Groundfish Rationalization Task Force." BE IT FURTHER RESOLVED that: Resolution No. 07 -17 Page 1 of 3 (1) (5) The purposes of the Kodiak Fisheries Advisory Committee shall be to provide recom- mendations, when appropriate, to the Kodiak City Council and the Kodiak Island Bor- ough Assembly regarding a Kodiak position on fisheries issues, and to provide a forum for interested parties to discuss, and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses, and residents. (2) The Kodiak Fisheries Advisory Committee shall be composed of individuals representing the following Kodiak community interest groups as follows: Interest Group: Large Pot Vessels Large Trawl Vessels Large Longline Vessels Jig Vessels Crewmembers Large Processors ADF &G Advisory Committee Business Community (non — fishing related) Conservation Community Resolution No. 07 -17 Page 2 of 3 Small Pot Vessels Small Trawl Vessels Small Longline Vessels Salmon/Herring Net Vessels Kodiak Rural Communities Small Processors Lodge /Charter Boat Operators Citizen -at -Large (3) The term of Kodiak Fisheries Advisory Committee appointments shall be years, provided that appointees' terms shall extend until their replacements are named and ac- cept their appointment, and further provided that the City Council and Borough Assem- bly may modify the term of any or all Committee appointments at any time, the City Council and Borough Assembly may remove any member at any time, or may disband the entire Fisheries Advisory Committee at any time, as the City Council and Borough Assembly deem appropriate in their sole discretion. (4) Appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the City Council and Borough Assembly con- cerning State and Federal fisheries management actions from time to time, which the City Council and Borough Assembly may accept or reject in their sole discretion. Appointment to the Kodiak Fisheries Advisory Committee is conditioned on appointees acknowledging and agreeing that their service on the Committee is voluntary and without compensation. (6) Representatives of the City of Kodiak and the Kodiak Island Borough, and Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel, and the Alaska Board of Fisheries shall be ex officio, non- voting members of the Kodiak Fisheries Advisory Committee. However, ex officio members may also serve as a voting representative of a designated interest group. (7) Kodiak Fisheries Advisory Committee members shall have the authority to designate an alternate prior to a meeting if the member cannot attend. (8) The Kodiak Fisheries Advisory Committee shall have the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. ATTEST: Resolution No. 07 -17 Page 3 of 3 CITY OF KODIAK MAYOR Adopted: May 24, 2007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -38 Introduced by: Manager Gifford Requested by: Assembly /City Council Drafted by: City of Kodiak Introduced: June 7, 2007 Adopted: June 7, 2007 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESCINDING RESOLUTION FY2006 -27 AND ESTABLISHING A JOINT KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Kodiak is a fishing community, and Kodiak's economic health and social welfare depend on the sustained ability of its residents to harvest and process the marine resources of the Gulf of Alaska and the Bering Sea; and WHEREAS, State and Federal fishery management actions determine whether the marine resources of the Gulf of Alaska and the Bering Sea are managed for sustained yield; and WHEREAS, State and Federal fishery management actions can determine the extent to which Kodiak's residents have the ability to harvest and process the marine resources of the Gulf of Alaska and the Bering Sea, can alter the economic and social relationships among Kodiak's harvesters, processors and fishery support businesses, and can affect the overall economic health and social welfare of the Kodiak community at large; and WHEREAS, it is in Kodiak's best interests for its Borough and City governments to be well informed regarding the potential impacts of State and Federal fishery management actions on the Kodiak community and to have an opportunity to effectively comment on such actions before they are taken; and WHEREAS, it is in Kodiak's best interests to facilitate consensus among Kodiak's harvesters, processors, businesses and citizens -at -large concerning potential fishery management actions, both to promote harmony in the community and to enhance Kodiak's ability to influence State and Federal fishery policy makers and managers; and WHEREAS, the Kodiak Island Borough and Kodiak City Council have determined that a properly constituted fisheries advisory committee can provide valuable assistance to the Borough Assembly and City Council by identifying fishery management actions that could affect Kodiak and by preparing community position statements regarding such fishery management actions for the Borough Assembly and City Council's consideration; and WHEREAS, the Kodiak Island Borough Assembly and the Kodiak City Council have determined that a properly constituted fisheries advisory committee could serve as a forum for building consensus within the Kodiak community regarding fishery management actions; NOW, THEREFORE, BE IT RESOLVED, THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH urge that Resolution FY2006 -27 be rescinded, and the "Kodiak Fisheries Advisory Committee" is hereby created to take the place of the "Gulf Groundfish Rationalization Task Force "; and BE IT FURTHER RESOLVED THAT: (1) The purposes of the Kodiak Fisheries Advisory Committee shall be to provide recommendations, when appropriate, to the Kodiak Island Borough Assembly and the Kodiak City Council regarding a Kodiak position on fisheries issues, and to provide a forum for Kodiak Island Borough, Alaska Resolution No. FY2007 -38 Page 1 of 3 interested parties to discuss, and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents. (2) The Kodiak Fisheries Advisory Committee shall be composed of individuals representing the following Kodiak community interest groups as follows: Interest Group: Large Pot Vessels Large Trawl Vessels Large Longline Vessels Jig Vessels Crewmembers Large Processors ADF &G Advisory Committee Business Community (non fishing related) Conservation Community Small Pot Vessels Small Trawl Vessels Small Longline Vessels Salmon /Herring Net Vessels Kodiak Rural Communities Small Processors Lodge /Charter Boat Operators Citizen -At -Large (3) The term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years, provided that appointees' terms shall extend until their replacements are named and accept their appointment, and further provided that the Borough Assembly and City Council may modify the term of any or all Committee appointments at any time, the City Council and Borough Assemble may remove any member at any time, or may disband the entire Fisheries Advisory Committee at any time, as the City Council and Borough Assembly deem appropriate in their sole discretion. (4) Appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions from time to time, which the Borough Assembly and City Council may accept or reject in their sole discretion. (5) Appointment to the Kodiak Fisheries Advisory Committee is conditioned on appointees acknowledging and agreeing that their service on the Committee is voluntary and without compensation. (6) Representatives of the City of Kodiak and the Kodiak Island Borough and Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries shall be ex officio, non - voting members of the Kodiak Fisheries Advisory Committee. However, ex- officio members may also serve as a voting representative of a designated interest group. (7) Kodiak Fisheries Advisory Committee members shall have the authority to designate an alternate prior to a meeting if the member cannot attend. (8) The Kodiak Fisheries Advisory Committee shall have the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. Kodiak Island Borough, Alaska Resolution No. FY2007 -38 Page 2 of 3 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -38 Page 3 of 3 DATE: MEMO TO: FROM: RE: June 18, 2007 As of 10 a.m. this morning, following: 1. Alan Austerman 2. Julie Bonney 3. Steve Branson 4. Terry Haines 5. Jim Hamilton 6. Linda Kozak Borough Assembly /City Council Nova M. Javier, CMC Joint Kodiak Fisheries A 7. Jeffrey Stephan 8. Chuck Thompson 9. John Whiddon Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 isory Committee Applications we have received a total of 9 applications from the Citizen -At -Large Large Processor Seat Skipper and Crew Representative Crewmembers Large Trawler Seat Large Long Line /Bering Sea Aleutians Island Crab Large Pot Vessels Jig /Small Boat Small Processor A revised list will be provided tomorrow morning to the Assembly and Council. The deadline for submission of applications is today at 5 p.m. TO: Mayor and City Council Members Mayor and Borough Assembly Members FROM: Linda L. Freed, City Manager DATE: June 19, 2007 RE: Kodiak Fisheries Advisory Committee Recently, the City Council and Borough Assembly created the "Kodiak Fisheries Advisory Committee ". However, members have not yet been named to the Committee. Numerous folks have applied for and /or have been nominated to fill seats on the Committee. The purpose of this memo is to clearly outline for you who has applied for/been nominated to each of the identified Committee seats. Interest Groups /Committee Seats Large Pot Vessels: Jeffrey Stephan Large Trawl Vessels: Jim Hamilton 4 , Large Longline Vessels: Linda Kozak and Jig Vessels: Ch J Crewmembe Large Processor MEMORANDUM Small Pot Vessels: Norman Mullan Small Trawl Vessels: Jay Stinson 'Small Longline Vessels: Seamus Hayden Salmon - ing et Vessels: None Kodiak Rural Communities: None 8inall Processors: John Whiddon and Woodruff ADF &G Advisory Committee: Oliver Holm Business Community (non — fishing related): Roland Ruoss Citizen -at- Large: Alan Austerman Conservation Community: Theresa Peterson Lodge /Charter Boat Operators: None The resolution creating the Committee established that the terms of office shall be for 3 years and that it is Committee members who have the authority to designate an alternate prior to a meeting if the member cannot attend; however, one of the purposes of the Committee is to "to provide a forum for interested parties to discuss, and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents ". RESOLUTION NUMBER 05 - 29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK APPOINTING DIRECTORS TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION, KODIAK'S "ELIGIBLE CRAB COMMUNITY ENTITY" FOR THE BERING SEA/ALEUTIAN ISLANDS CRAB RATIONALIZATION PROGRAM WHEREAS, the North Pacific Fishery Management Council has adopted the Bering Sea/ Aleutian Islands crab rationalization program (Program) as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs; and WHEREAS, under the Program, Kodiak is designated an "eligible crab community" (ECC) and in connection with such designation, the City of Kodiak and the Kodiak Island Borough have the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor quota shares (PQS) allocated under the Program; and WHEREAS, to exercise their ECC ROFR, the City of Kodiak and the Kodiak Island Borough have jointly designated the Kodiak Fisheries Development Association as the entity (ECCE) having the authority to do so on their behalf; and WHEREAS, the by -laws of the Kodiak Fisheries Development Association provide for appointment of Directors to the Board of the Kodiak Fishery Development Association by the Council of the City of Kodiak and the Assembly of the Kodiak Island Borough. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that the following individuals are appointed as Directors of the Kodiak Fisheries Development Association: City Appointees: Crab Processor Representative - David M. Woodruff Crab Harvester Representative - Jeffery R. Stephan Joint Appointees: Stosh Anderson Donna Jones Laine Welch Borough Appointees Crab Processor Representative - Tuck Bonney Crab Harvester Representative - Jerry Bongen ATTEST: CITY CLERK CITY OF KODIAK MAYOR Adopted: July 28, 2005 Minutes of Kodiak Fisheries Development Assn February 27, 2006 Attending: Jerry Bongen, Jeff Stephan, Tuck Bonney, Dave Woodruff, Donna Jones, Laine O'Brien Not attending: Stosh Anderson Guest: Rick Gifford, KIB Manager The meeting was convened and called to order at 2:15pm by Donna Jones. Minutes of the inaugural meeting on September 13, 2005 were read and approved. Election of Officers Donna asked if was advisable to ask the City and/or Borough to provide a secretary and treasurer as part of the KFDA board of directors. Jeff suggested those positions be help by members of the KFDA. All agreed. It was also agreed that there was not a need for a KFDA executive director. Nominations were made for board positions, and the following were elected and approved: President — Jerry Bongen Vice President — Dave Woodruff Secretary — Laine O'Brien Treasurer — Donna Jones It was suggested that membership in the KFDA be staggered from one to three years and Jeff moved to do so by lottery. All agreed. The following terms were drawn from a hat and approved: Laine - 3 years; Jeff - 3 years; Dave — 2 years; Tuck —1 year; Jerry — 1 year; Donna — 3 years; Stosh — 2 years. Donna said that KFDA advisor Joe Sullivan reported that the City of Kodiak said it has adequate funds to purchase quota when the time comes up. Joe also suggested that the KFDA look into its status as a non - profit. ( ?) Dave addressed the issue of potential conflicts of interest regarding KFDA processors getting "first shot" at processors quota shares (PQ) when it becomes available. He said it is important that a process should stipulate how such purchases can happen. Donna read through by KFDA bylaws and said a procedure is outlined therein. The group stressed that any sale goes to the highest bidder with the intent of keeping all PQ within the Kodiak Island community. There was discussion about whether or not the KFDA must first go to the City /Borough to get funds to exercise its rights of first refusal to purchase PQ. The KFDA would then hold it and set up a process by which the PQ was made available to the community. Dave said a local processor could also request to buy the PQ instead of the City/Borough. All agreed some research should be done to more clearly define the buying /selling process. Donna said she will provide copies of all KFDA documents (i.e., bylaws, right of first refusal agreement, etc.) to members. Dave suggested the KFDA should find out from the state how much PQ is available from processors in places like Pelican, Palmer, etc. who received "dribs and drabs" of PQ but are no longer in business, or not interested in keeping them. He said by regulation any PQ holders in the Central Gulf or Southern Division must go through the NMFS/RAM Division, who in turn must notify the KFDA about the sale of PQ. Laine suggested finding out where PQ is available and soliciting it for sale to Kodiak. All agreed the KFDA needs to notify NMFS to make sure RAM is aware that the KFDA exists. Donna said she would do so. There was discussion about the exact dividing lines between the Northern and Southern Districts. Jeff said that information is in the final rule of the federal regulations, and he will provide a copy to KFDA members via email. He added that members should also be clear on how buying/selling and rights of first refusal also applies to "Community Entities" and "Community Organizations." Jeff stressed that it is important to make sure a sound process is in place and KFDA members should "do their homework." All agreed. Dave said it is also important to know the market value of PQ — current values are estimated at $25 -$30 for units of red king crab and about $6 for snow crab. Donna reminded that there is a four year "cooling off" period before PQ can exchange hands, except for small amounts of "latent" quota. All agreed it was important to have a clear understanding of all transaction processes and be well informed and prepared in advance of and transactions taking place. It was agreed that the KFDA would meeting quarterly. The next meeting was scheduled for May 22 at 2pm. Meeting adjourned at 3:30pm. BYLAWS OF KODIAK FISHERIES DEVELOPMENT ASSOCIATION ARTICLE I - NAME AND LOCATION Section 1. Name. The name of the organization shall be Kodiak Fisheries Development Association (the "Corporation "). Section 2. Location. The initial office of the Corporation shall be located at . Thereafter, the office shall be located as the Corporation's Board of Directors may determine. ARTICLE II - PURPOSE The Corporation is organized exclusively to promote the social welfare of the City of Kodiak and the Kodiak Island Borough (together, the "Kodiak Community "), consistent with Section 501(c)(4) of the Internal Revenue Code of the United States (as the same may be amended, supplemented, or replaced from time to time, the "Internal Revenue Code "). Subject to the foregoing, the specific purposes for which the Corporation is organized are as follows: A. To act as an Eligible Crab Community Entity ( "ECCE ") on behalf of the Kodiak Community for purposes of exercising rights of first refusal in connection with proposed transfers of processor quota shares ( "PQS ") and individual processor quota ( "IPQ "), pursuant to the Bering Sea /Aleutian Island ( "BS /AI ") crab rationalization program regulations set forth at 50 C.F.R. part 680, as the same may be amended from time to time (the Regulations "); B. If the Council of the City of Kodiak (the "City Council ") and the Kodiak Island Borough Assembly (the "Borough Assembly ") authorize it to do so, to act as an Eligible Crab Community Organization ( "ECCO ") for the Kodiak Community for purposes of holding crab rationalization quota shares ( "QS ") on behalf of the Kodiak Community and making the resulting individual fishing quota ( "IFQ ") available to residents of the Kodiak Community; and C. In general, to exercise those powers set forth in AS 10.20.005, et seq., as now enacted or as may hereafter be amended, and to exercise such other powers that now are or hereafter may be conferred by law upon a corporation organized for the purposes set forth herein or that are necessary or incidental to the powers so conferred, subject only to such limitations that are or may be prescribed by state or federal law, any resolution of the City Council or the Borough Assembly, these Articles of Incorporation, and the Corporation's Bylaws, including without limitation the limitations placed on organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code. ARTICLE III - MEMBERSHIP The Corporation shall have no members. ARTICLE IV - BOARD OF DIRECTORS Section 1. Functions and Powers. The initial Board of Directors (the "Initial Board ") shall have the authority to adopt the Corporation's initial Bylaws, elect its initial officers, take whatever steps may be appropriate to qualify it as an ECCE with the National Marine Fisheries Service ( "NMFS ") pursuant to the Regulations, execute right of first refusal contracts between the Corporation and PQS holders as required under the regulations, and file affidavits of execution with NMFS. All other authority to act as a board of directors for the Corporation shall be reserved to the Board of Directors appointed pursuant to Article IV, Section 3, below (the "Board of Directors" or the "Board "), provided that the authority of the Board of Directors to manage the affairs of the Corporation; determine its policies within the limits of the Articles of Incorporation and these Bylaws; collect, administer, and disburse the Corporation's funds; approve projects; and otherwise actively pursue and promote the purposes of the Corporation, shall in all cases be subject to such limits as may be jointly imposed from time to time by the City Council and the Borough Assembly. The salaries, if any, of all employees of the Corporation shall be determined by or under the direction of the City Council and the Borough Assembly. The budget and funding of the Corporation shall be as jointly approved by the City Council and Borough Assembly from time to time. Section 2. Number. The number of directors serving on the Initial Board shall be three (3). The number of Directors serving on the Board of Directors shall be seven (7). The Initial Directors shall be named by the incorporators and shall remain in office until their successors are designated and qualified in accordance with Article IV, Section 3, below. Section 3. Composition and Voting Rights. The Board of Directors of the Corporation shall be appointed by the City Council and the Borough Assembly, as follows: 2 A. Two (2) directors shall be appointed by the City Council; B. Two (2) directors shall be appointed by the Borough Assembly; and C. Three (3) directors shall be jointly appointed by the City Council and the Borough Assembly. At least two (2) directors shall represent the interests of Kodiak Community BS/ AI crab harvesters, and at least two (2) directors shall represent the interests of Kodiak Community BS/ AI crab processors. Except as otherwise provided in the Corporation's Articles of Incorporation or these Bylaws, approval by a four - sevenths (4/7) vote of all directors is required for all Board action. Section 4. Appointment and Terms of Office. Directors shall be appointed by joint resolution of the City Co , - nd the Borough Assembly. Appointments shall be made annual' , at July meet s of the City Council and Borough Assembly. Directors shall have ee (3) year terms of office, assigned by a random selection method at the first Board meeting, such that as close as possible to one third (1/3) of the Board is up for appointment each year. Directors shall serve until their successors are appointed and qualified. Section 5. Meetings. Meetings of the Corporation's Board of Directors shall be held at times and places designated by the Board. Special meetings of the Board may be called by a majority of the Board or by the President. Participation in a Board meeting by means of a telecommunications device that allows all parties to hear each other at the same time shall be the equivalent of presence in person at a meeting. Section 6. Public Participation at Meetings. Members of the public shall be permitted to attend and shall be given an opportunity to be heard at all meetings of the Corporation's Board of Directors; provided that the Board may from time to time enter closed executive session as permissible under Alaska statutes. Section 7. Notice of Meetings. Notice of each meeting describing the matters to come before the Board at that meeting shall be given in writing to each director by mail, facsimile, or electronic mail transmission, not less than three (3) days prior to the meeting. In addition, reasonable public notice of any meeting of the Corporation's directors, which notice shall include the meeting's date, time, and place, shall be given at least three (3) days in advance of the meeting, in accordance with A.S. 44.62.310(e). 3 Section 8. Waiver of Notice. A director may waive any notice required to be given by signing a written waiver either before or after the meeting. A director may not waive the failure to give public notice per A.S. 44.62.310(e). Section 9. Presumption of Assent: A director who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless: A. The director objects at the beginning of the meeting, or promptly upon the director's arrival, to holding the meeting or transacting business at the meeting; B. The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or C. The director files a written dissent or abstention with the presiding officer of the meeting before its adjournment or with the Corporation within a reasonable time after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. Section 10. Quorum. Presence of five - sevenths (5/ 7) of the directors shall constitute a quorum for the transaction of business at all meetings. Section 11. Action Without a Meetint. The Corporation's Board of Directors may not take action without a meeting. Section 12. Removal. A director may be removed from the Board of Directors at the discretion of the entity or entities that appointed such director. A director may also be removed by the Board if he or she is absent from three (3) consecutive Board meetings without being excused by a majority of the other directors. Section 13. Remuneration. No salary or other remuneration shall be paid to directors unless approved in advance by joint resolution of the City Council and the Borough Assembly. ARTICLE V - COMMITTEES Section 1. Designation. The Board of Directors may appoint committees to assist and advise the Board with those functions, powers, duties, 4 and tenure as the Board deems appropriate. Each committee shall consist of at least two (2) directors and such other persons as the Board may designate who need not be members of the Board of Directors. Section 2. Limitation of Committee Powers. Committees shall exercise advisory authority only, and any committee recommendation shall require subsequent action by the Board of Directors before binding the Corporation. ARTICLE VI - OFFICERS AND EXECUTIVE DIRECTOR Section 1. Number and Title. The officers of the Corporation shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors. The Secretary and the Treasurer may be, but need not be, members of the Board. Section 2. Election. Officers shall be elected annually, at the first meeting following appointment of the Board. The Initial Directors may elect interim officers, who shall hold office only until the Board of Directors is appointed. Section 3. Term. Officers other than those elected by the Initial Board shall hold office for one (1) year terms, and all officers shall serve until their respective successors are elected and qualified. Section 4. Resignation. Any officer of the Corporation may resign at any time by giving written notice to the Board of Directors, or to any other officer of the Corporation. Any such resignation is effective when the notice is delivered, unless the notice specifies a later date, and shall be without prejudice to the contract rights, if any, of such officer. Section 5. Removal. The Board of Directors may remove any officer elected by it, with or without cause. The removal shall be without prejudice to the contract rights, if any, of the person so removed. Section 6. Vacancies. If the office of any officer becomes vacant by any reason, the directors may appoint a successor who shall hold office for the unexpired term. Section 7. Remuneration.. No salary or other remuneration shall be paid to an officer or employee of the Corporation unless approved in advance by the City Council and the Borough Assembly. 5 Section 8. Executive Director. The City Council and Borough Assembly may authorize the Corporation to retain an Executive Director, who shall be responsible for the administration and management of the Corporation. If the City Council and Borough Assembly authorize an Executive Director, the Executive Director shall be appointed and may be removed as the City Council and Borough Assembly direct ARTICLE VII - DUTIES OF OFFICERS Section 1. President. The President shall preside at all meetings of the Board of Directors.. Section 2. Vice President. The Vice President shall, in the absence or disability of the President, perform the duties of the President. Section 3. Secretary. The Secretary shall supervise the keeping of the minutes of all meetings of the Board of Directors of the Corporation. The Secretary shall have charge of such books and papers as the Board of Directors may direct, including without limitation those records specified in Article VIII, below, which shall, at all reasonable times, be open to the examination of any director upon reasonable notice to the Secretary. The Secretary shall arrange to provide proper notice of all meetings of the Board of Directors. Section 4. Treasurer. The Treasurer shall supervise the keeping of full and accurate accounts of receipts and disbursements in books belonging to the Corporation. Section 5. Contract Rights. The appointment of an officer does not of itself create any contract rights in favor of the officer. ARTICLE VIII - BOOKS AND RECORDS Section 1. Books of Accounts and Minutes. The Corporation: A. Shall keep as permanent records minutes of all meetings of its Board of Directors and a record of all recommendations of any committee(s) of the Board of Directors; B. Shall maintain appropriate accounting records; C. Shall keep a copy of the following records at its principal office: 6 1. The Articles or Restated Articles of Incorporation and all amendments to them currently in effect; 2. The Bylaws or Restated Bylaws and all amendments to them currently in effect; 3. Its financial statements for the past three (3) years, including balance sheets showing in reasonable detail the financial condition of the Corporation as of the close of each fiscal year, and an income statement showing the results of its operations during each fiscal year prepared on the basis of generally accepted accounting principles or, if not, prepared on a basis explained therein; 4. A list of the names and business addresses of its current directors and officers; Alaska; 5. Its most recent biennial report delivered to the State of 6. Its Application to become an ECCE, and all supporting documents, including but not limited to all right of first refusal contracts with PQS and /or IPQ holders; 7. Records related to every right of first refusal offered to the Corporation, its response to the same, and all related documents; and 8. All reports the Corporation may submit to the National Marine Fisheries Service or the State of Alaska. Section 2. Copies of Resolutions. Any person dealing with the Corporation may rely upon a copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors or shareholders, when certified by the President or Secretary. ARTICLE IX - MISCELLANEOUS PROVISIONS Section 1. Checks and Notes. All financial instruments of the Corporation shall be signed by the officer or officers designated by the Board of Directors. Section 2. Fiscal Year. The fiscal year of the Corporation shall be from January 1 through December 31. 7 Section 3. Deposits. All funds of the Corporation not otherwise employed shall be deposited in interest - bearing accounts selected by the Treasurer and approved by a majority of the directors. Section 4. Acceptance of Gifts, Donations, etc. No gift, donation, bequest, or subscription to the Corporation shall be deemed to have been accepted until acted upon affirmatively by the Board of Directors. Section 5. Conflict of Interest. A director may be present during and participate in discussion and action regarding any Corporation transaction with respect to which a director has a direct or indirect material financial interest if and only if: (a) the director discloses the material facts of his or her financial interest; (b) the Board authorizes the conflicting interest transaction by a vote sufficient to meet the Board action requirements of these Bylaws, without counting any interested director's vote; and (c) the Board can demonstrate by clear and compelling evidence that the transaction is reasonable and fair to the Corporation at the time it is authorized, approved, or ratified. If any of the foregoing conditions are not satisfied with respect to any transaction involving the Corporation in connection with which a director has a direct or indirect material financial interest, such director may not be present during and may not participate in any discussion or action with respect to such transaction. ARTICLE X - PARLIAMENTARY PROCEDURE The most recent edition of Robert's Rules of Order shall govern questions of parliamentary procedure at all meetings of the Board of Directors, the Executive Committee, or any other committee of the Corporation. ARTICLE XI - AMENDMENTS These Bylaws may be amended or replaced only by a joint resolution of the City Council and Borough Assembly. ARTICLE XII - INDEMNIFICATION, INSURANCE, AND BONDING Section 1. Officers and Directors. The Corporation shall indemnify and defend all present and former directors, officers, employees, and agents of the Corporation against any expenses of any proceeding (including by or in the right of the Corporation) to which they are parties because they are or were directors, officers, employees, or agents of the Corporation, all as defined and to the fullest extent permitted by law. Section 2. Insurance. The Corporation may purchase and maintain insurance on behalf of any person who is or was serving at the request of the Corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, other enterprise, or employee benefit plan against any liability asserted against such person and incurred by such person in any such capacity or arising out of such person's status as such, whether or not the Corporation would have the power to indemnify such person against such liability under the provisions of this Article. Section 3. Bonding. The Board may require that any person authorized to sign checks for the Corporation shall furnish, at the expense of the Corporation, a fidelity bond in such sum as the Board shall prescribe. U:\ RSGT \CORPORATE\ BYLAWS-ECC-ECCO.DOC ADOPTED: September 12, 2005. President , Secretary 9 Resolution No. 05-7 Page 1 of 2 CITY OF KODIAK RESOLUTION NUMBER 05 -7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK DESIGNATING THE "KODIAK FISHERIES DEVELOPMENT ASSOCIATION" AS KODIAK'S "ELIGIBLE CRAB COMMUNITY ENTITY" IN CONNECTION WITH THE BERING SEA/ALEUTIAN ISLANDS CRAB RATIONALIZATION PROGRAM WHEREAS, the North Pacific Fishery Management Council has adopted the Bering Sea/Aleutian Islands crab rationalization program (the Program) as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs; and WHEREAS, Congress amended the Magnuson - Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to approve and implement the Program; and WHEREAS, the National Marine Fisheries Service issued a Final Rule implementing the Program on March 2, 2005, that takes effect on April 1, 2005; and WHEREAS, under the Program, Kodiak is designated an "eligible crab community" ( ECC), and in connection with such designation, the City of Kodiak and the Kodiak Island Borough have the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor quota shares (PQS) allocated to entities in Kodiak and certain communities in the Northern Gulf of Alaska, upon a proposed transfer of such PQS for use in processing outside of the community within which it is initially allocated; and WHEREAS, to exercise their ECC ROFR, the City ofKodiak and the Kodiak Island Borough must jointly designate an entity (ECCE) having the authority to do so on their behalf at least thirty (30) days prior to the ending date of the initial application period for crab quota shares under the Program; and WHEREAS, the Council of the City of Kodiak has determined that it is in the City's best interests to designate an entity having the authority to exercise Kodiak's ROFR. NOW, THEREFORE, BE IT RESOLVED by the Council of the City ofKodiak, Alaska, that the Kodiak Fisheries Development Association (the Association) is hereby designated as Kodiak's ECCE, to represent the City of Kodiak in connection with exercise of Kodiak's ROFR under the Program. BE IT FURTHER RESOLVED THAT the Articles of Incorporation and Bylaws of the Association are hereby approved, and that the incorporators of the Association identified in the attached Articles of Incorporation are hereby authorized to incorporate the Association under the laws of the State of Alaska, and to take such actions as may be necessary or convenient to cause the Association to be qualified by the National Marine Fisheries Service as the Kodiak's ECCE. ATTEST: 1 44 04 )( A .,_ Resolution No. 05-7 Page 2 of 2 CITY CLERK CITY OF KODIAK MAYOR Adopted: March 24, 2005 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -17 Introduced by: Mayor Selby Requested by: Mayor Selby Introduced: 03/17/2005 Adopted: 03/17/2005 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING THE "KODIAK FISHERIES DEVELOPMENT ASSOCIATION" AS KODIAK'S "ELIGIBLE CRAB COMMUNITY ENTITY" IN CONNECTION WITH THE BERING SEA /ALEUTIAN ISLANDS CRAB RATIONALIZATION PROGRAM WHEREAS, the North Pacific Fishery Management Council has adopted the Bering Sea /Aleutian Islands crab rationalization program (the "Program ") as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and WHEREAS, Congress amended the Magnuson - Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to approve and implement the Program; and WHEREAS, the National Marine Fisheries Service issued a Final Rule implementing the Program on March 2, 2005, that takes effect on April 1, 2005; and WHEREAS, under the Program, Kodiak is designated an "Eligible Crab Community Entity" (ECCE), and in connection with such designation, the City of Kodiak and the Kodiak Island Borough have the authority to jointly exercise certain Rights of First Refusal (ROFR) with respect to Processor Quota Shares (PQS) allocated to entities in Kodiak and certain communities in the Northern Gulf of Alaska, upon a proposed transfer of such PQS for use in processing outside of the community within which it is initially allocated; and WHEREAS, to exercise their ECCE ROFR, the City of Kodiak and the Kodiak Island Borough must jointly designate an entity (an ECCE) having the authority to do so on their behalf at (east thirty (30) days prior to the ending date of the initial application period for crab quota shares under the Program; and WHEREAS, the Kodiak Island Borough Assembly has determined that it is in the Borough's best interests to designate an entity having the authority to exercise Kodiak's ROFR; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the "Kodiak Fisheries Development Association" (the "Association ") is hereby designated as Kodiak's ECCE, to represent the Kodiak Island Borough in connection with exercise of Kodiak's ROFR under the Program; and BE IT FURTHER RESOLVED THAT the Articles of Incorporation and Bylaws of the Association are hereby approved, and that the incorporators of the Association identified in the attached Articles of Incorporation are hereby authorized to incorporate the Association under the laws of the State of Alaska, and to take such actions as may be necessary or convenient to cause the Association to be qualified by the National Marine Fisheries Service as the Kodiak's ECCE. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF MARCH 2005 ATTEST: udith A. le s - cMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jeroje M. Selby, Borough Mayor Resolution No. FY2005 -17 Page 1of1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING DIRECTORS TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION, KODIAK'S "ELIGIBLE CRAB COMMUNITY ENTITY" FOR THE BERING SEA /ALEUTIAN ISLANDS CRAB RATIONALIZATION PROGRAM WHEREAS, the North Pacific Fishery Management Council has adopted the Bering Sea /Aleutian Islands crab rationalization program (Program) as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and WHEREAS, under the Program, Kodiak is designated as an "eligible crab community" (ECC) and in connection with such designation, the Kodiak Island Borough and the City of Kodiak have the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor quota shares (POS) allocated under the Program; and WHEREAS, to exercise their ECC ROFR, the Kodiak Island Borough and the City of Kodiak have jointly designated the Kodiak Fisheries Development Association as the entity (ECCE) having the authority to do so on their behalf; and WHEREAS, the by -laws of the Kodiak Fisheries Development Association provide for appointment of Directors to the Kodiak Fisheries Development Association by the Kodiak Island Borough Assembly and the City of Kodiak Council; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the following individuals are appointed as Directors of the Kodiak Fisheries Development Association: KIB Appointees: Jerry Bongen - Crab Harvestor Representative Tuck Bonney - Crab Processor Representative COK Appointees: Jeffery R. Stephan - Crab Harvestor Representative David M. Woodruff - Crab Processor Representative Joint Appointees: Stosh Anderson, Donna Jones, Laine Welch ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FOURTH DAY OF AUGUST 2005 KODIAK ISLAND BOROUGH ATTEST: udith A. Nielsen, , Borough Clerk Kodiak Island Borough Alaska J me M. Selby, ayo Introduced by: Manager Gifford Requested by: Assembly Introduced: 08/04/2005 Adopted: 08/04/2005 Resolution No. FY2006 -04 Page 1 of 1 City Manager Freed will ask for Assembly and City Council consensus to add the following item to the agenda: Discussion of annual appointments to the Kodiak Fisheries Development Association Following is the information regarding this item.