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2007-11-29 Special Meeting
4. ADJOURNMENT Kodiak Island Borough Assembly Special Meeting Agenda November 29, 2007 Work Session of the Assembly Starts at 7:30 p.m. Borough Conference Room The Assembly will take a recess during work session before packet review to hold the special meeting. 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING a. Resolution No. FY2008 -19 of the Kodiak Island Borough Assembly to the North Pacific Fishery Management Council Supporting the Bering Sea Crab Crewmen's Proposal, a Motion to Agenda, Analyze and Include these Historical Rights in the 3 -Year Review Process (And Consider During 18 -Month Review.) This meeting was called by the Deputy Presiding Officer. Page 1 of 1 Kodiak Island Borough Assembly Special Meeting Guidelines November 29, 2007, 7:30 p.m., Borough Conference Room 1. ROLL CALL 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING a. Resolution No. FY2008 -19 of the Kodiak Island Borough Assembly to the North Pacific Fishery Management Council Supporting the Bering Sea Crab Crewmen's Proposal, a Motion to Agenda, Analyze and Include these Historical Rights in the 3 -Year Review Process (And Consider During 18 -Month Review.) Recommended motion: Move to adopt Resolution No. FY2008 -19. ROLL CALL VOTE ON MOTION 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines November 20, 2007 Page 1 G z O U m N ON saA Mr. Abell Ms. Branson Mr. Friend Ms. Lynch ;I 'JIN Ms. Stutes TOTAL In case of a tie Mayor Selby G Z O 5: W CO V1 ON S9A Mr. Abell Ms. Branson Mr. Friend Ms. J effrey Ms. Lynch Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby 11111, *-) C Z O 5' W m N ON gaA 'JVH Mr. Abell Ms. BransonX Mr. Friend II Ms. Lynch 3IeMSO 'aW Ms. Stutes NYONE WISH TO C TOTAL In case of a tie Mayor Selby S Z O W CO N ON . SBA a 0 o IV S30a 12 Mr. Abell .1J Ms. Branso Mr. Friend Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby 0 O W m N ON N s 3A Mr. Abell Ms. Branson Mr. Friend J Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes 1 1 TOTAL 1 In case of a tie Mayor Selby :CO U ) a Q V) co Q.) KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll c:all sheet KFAC Report for Borough Assembly The KFAC has created a subcommittee to review and rewrite the Crewman's Draft Resolution. The general consensus was that some of the language was a little controversial and could be toned down or edited. A couple points were also raised about other sectors of the community that have suffered from rationalization, for example small processors and their workers, and that they should also be included in the resolution. The committee agreed unanimously to the motion of tabling the draft resolution based on the fact that the Borough and City have already sent letters to the Council requesting the review and the inclusion of the crew in the discussion. The subcommittee has agreed to have an amended draft resolution to the KFAC by its December 21st meeting for them to vote on. If the draft resolution passes the KFAC I will forward it on to the City and Borough for your review and hopeful acceptance by the February NPFMC meeting. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -19 Introduced by: Kodiak Fisheries Advisory Committee (KFAC) Requested by: Shawn Dochtermann Drafted by: Shawn Dochtermann/ KFAC Introduced: 11/29/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL — SUPPORTING THE BERING SEA CRAB CREMEN'S PROPOSAL, A MOTION TO AGENDA, ANALYZE AND INCLUDE THESE HISTORICAL RIGHTS IN THE 3 -YEAR REVIEW PROCESS (AND CONSIDER DURING 18 -MONTH REVIEW) WHEREAS, the Kodiak Fisheries Advisory Council (KFAC) has met on September 4 and 20, 2007, with a significant portion of those meetings concerning the topics of crew data reporting and the Bering Sea Crewmembers Proposal- that the NPFMC consider scheduling an agenda item and staff tasking for the purposes of making this issue part of the 18 month and 3 -year review of Crab Rationalization and beginning the socio- economic analysis required to properly assess historical rights for crewmen as vessel operators with business rights to shares on crab quota vessels that result in incomes that affect Kodiak, Alaska and other communities; and WHEREAS, the Crewmen's Association has also come before both bodies to explain their proposal to reallocate a portion of quota rights to skippers and crewmen (vessel operators) in the form of a pool of shared but not owned 'common use' quota that they may take with them onto working vessels; and WHEREAS, these bodies agree that the community, state, and regional economy have been negatively affected by the NPFMC and Secretary of Commerce, and Congress leaving behind those historical rights to a fair and equitable share for vessel operators; and WHEREAS, a failure to consider these rights and a reallocation of that fair and equitable share to all within the vessel operators category may lead to judicial review, and that such a lawsuit might also enjoin the City and Borough and other communities; and WHEREAS, this and other concerns warrant the NPFMC, Secretary of Commerce, and Congress addressing this issue before any litigation might occur - especially recognizing the failures of Due Process and related procedural and statutory concerns - such that the proper course of immediate action would be to make a motion to task Council staff for a respective socio- economic analysis and to agenda the Crewmen's Bering Sea Crab Proposal (copy attached); and WHEREAS, regardless of any consensus of the KFAC, the Borough believes it to be in the best interests of the State of Alaska coastal communities and specifically -the 'balanced' interests of Kodiak fishermen, processors, businesses and residents, for it to support such a motion; and WHEREAS, the leading component required for remedy is to deal with the Crewmen's Proposal; NOW, THEREFORE, BE IT RESOLVED THAT the Assembly of the Kodiak Island Borough asks the NPFMC Council members to introduce, second, and lend majority support to such Motion Kodiak Island Borough, Alaska Resolution No. FY2008 -19 Page 1 of 2 placing the Crewmen's Proposal on the federal Council's agenda and beginning thorough analysis at the earliest date possible; and BE IT FURTHER RESOLVED THAT the Assembly of the Kodiak Island Borough hereby requests that said motion be made at the Council before further discussions on crab shares ( "A ", "B" and "C ") and the 90/10 split issues proceed further, so that the rights of all vessel operators in the crab fisheries off Alaska's Bering Sea and related coastal communities' interests may be properly addressed in light of the effects (so far, negative) to date, and consider changes to ensure potential benefits (maximizes multiplier benefits) to the State, Kodiak, and region by enhancing crew -based (fishermen) incomes that provide these direct, indirect and induced benefits. 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. FY2008 -19 Page 2 of 2 Nova Javier From: Marylynn McFarland Sent: Wednesday, November 21, 2007 4:33 PM To: trevor @kodiak.org Cc: Nova Javier; Rick Gifford; Jessica Kepley Subject: FW: Attached image data. Attachments: 11390. pdf Trevor, attached is the draft resolution about Bering Sea Crab crewmen's proposal that Shaun Dochtermann dropped off, per our telephone conversation. Please have the Fisheries Group review at your meeting Wednesday, November 28 and let the clerk's office know Thursday the status before the work session that evening. Thanks. Marylynn - Deputy Clerk Original Message From: Copier @kib.co.kodiak.ak.us [mailto :Copier @kib.co.kodiak.ak.us] Sent: Wednesday, November 21, 2007 3:59 PM To: Marylynn McFarland Subject: Attached image data. This is image data from the scanner. 1 k ()- DRAFT RESOLUTION — EXAMPLE TEMPLA CITY OF KODIAK / KODIAK ISLAND BORO RESOLUTION NUMBER 07- A RESOLUTION OF 1 ASSEMBLY OF ' 1 ' Hl: BOROUGH OF KOD TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL SUPPORTING THE BERING SEA CRAB CREWMEN'S PROPOSAL, A MOTION TO AGENDA, ANALYZE AND INCLUDE THESE HISTORICAL RIGHTS IN THE 3-YEAR REVIEW PROCESS (AND CONSIDER DURING 18- MONTH REVIEW). WHEREAS, the JKFAC has met on September 4 and 20, 2007, with a significant portion of those meetings concerning the topics of crew data reporting and the Bering Sea Crewmembers Proposal — that the NPFMC consider scheduling an agenda item and staff tasking for the purposes of making this issue part of the 18 month and 3 -year review of Crab Rationalization and beginning the socio - economic analysis required to properly assess historical rights for crewmen as vessel operators with business rights to shares on crab quota vessels that result in incomes that affect Kodiak, Alaska and other communities; and WHEREAS, the Crewmen's Association has also come before both bodies to explain their proposal to reallocate a portion of quota rights to skippers and crewmen (vessel operators) in the form of a pool of shared but not owned `common use' quota that they may take with them onto working vessels; and WHEREAS, these bodies agree that the community, state and regional economy have been negatively affected by the NPFMC and Secretary of Commerce, and Congress leaving behind those historical rights to a fair and equitable share for vessel operators; and WHEREAS, a failure to consider these rights and a reallocation of that fair and equitable share to all within the vessel operators category may lead to judicial review, and that such a lawsuit might also enjoin the City and Borough and other communities; and WHEREAS, this and other concerns warrant the NPFMC, Secretary and Congress addressing this issue before any litigation might occur — especially recognizing the failures of Due Process and related procedural and statutory concerns .-- such that the proper course of immediate action would be to make a Motion to task Council staff for a respective socio - economic analysis and to agenda the Crewmen's Bering Sea Crab Proposal (copy attached); and WHEREAS, regardless of any consensus of the JKFAC, the City and Borough believe it to be in the best interests of the State of Alaska coastal communities and specifically the `balanced' interests of Kodiak fishermen, processors, businesses and residents, for us to support such a motion; WHEREAS, the leading component required for remedy is to deal with the Crewmen's Proposal; may it NOW, THEREFORE, BE IT RESOLVED by the Council/Assembly of the City/Borough of Kodiak, Alaska, that both bodies ask the NPFMC Council members to introduce, second, and lend majority support to such Motion placing the Crewmen's Proposal on the federal Council's agenda and beginning thorough analysis at the earliest date possible; and BE IT FURTHER RESOLVED that the Council/Assembly hereby requests that said motion be made at the Council before further discussions on crab shares ( "A ", `B" and "C ") and the 90/10 split issues proceed further, so that the rights of all vessel operators in the crab fisheries off Alaska's Bering Sea and related coastal communities' interests may be properly addressed in light of the effects (so far, negative) to date, and consider changes to ensure potential benefits (maximizes multiplier benefits) to the State, Kodiak, and region by enhancing crew -based (fishermen) incomes that provide these direct, indirect and induced benefits. SESSION ADDRESS Alaska State Capitol Juneau, AK 99801 -1182 (907) 465-2487 Fax (907) 465 -4956 Representative Gabrielle LeDoux ALASKA STATE LEGISLATURE Representative Gabrielle LeDoux Facsimile Transmittal TO: NORTH PACIFIC FISHERIES MANAGEMENT COUNCIL MEMBERS FROM: REPRESENTATIVE GABRIELLE LEDOUX DATE: APRIL 10, 2007 RE: BSAI CRAB SHARE REALOCATION B (r (1 r DUrgent DFor Review DPlease Comment DPlease Reply DPlease Recycle Representative Gabrielle LeDoux@legis.state.ak.us INTERIM ADDRESS 112 Mill Bay Road Kodiak, AK 99615 (907)486 -8872 Fax (907)486 -5264 NOV 2 7 2007 Dear Council Members, I have heard from a number of my constituents about the unfairness of current Bering Sea crab allocations. They have offered several options to you for reallocation, including allocating shares to crewmen who worked on crab boats before rationalization. As you are no doubt aware, crab rationalization has led to a severe consolidation of the crab fleet, meaning fewer boats and fewer jobs. Please give full consideration to these proposals. Sincerely, SESSION ADDRESS: Alaska State Capitol Juneau, Alaska 99801 -1182 (907) 465-4925 Fax: (907) 465 -3517 Toll Free: 1 -800- 821 -4925 October 5, 2007 North Pacific Fishery Management Council 605 West 4th Suite 306 Anchorage, AK 99501 -2252 Dear Council Members, As the Alaska State Senator for District R, I represent the legislative interests of numerous coastal communities that have been impacted by the Bering Sea Crab Rationalization program. Since rationalization went into effect, several of my constituents have expressed to me their concerns regarding the program's unfairness to deckhands and hired skippers who worked on boats prior to its implementation, and the loss of jobs resulting from the consolidation of the crab fleet. It is my understanding some of my constituents have asked you to revisit rationalization, and to consider new proposals to address issues surrounding deckhands and hired skippers in your upcoming meetings. I encourage you to address these concerns and consider these proposals. I also support a thorough review and analysis of the crab fishing program and its far - reaching impacts on fisheries employment and economies. With so much at stake for the future of our fisheries and coastal communities, I believe it is critical that the NPFMC develop policies that are beneficial to all fishing interests. I hope you will be part of that process. Thank you for your consideration of this letter. Senator Gary Stevens Alaska State Legislature cc: Denby Lloyd, Commissioner, Alaska Department of Fish and Game Cora Crome, Fisheries Policy Advisor, State of Alaska Senate District R Senator_Gary_Stevens@legis.state.ak.us INTERIM ADDRESS: 112 Mill Bay Road Kodiak, Alaska 99615 (907) 486-4925 Fax: (907) 486 -5264 Bering Sea /Aleutian Island (BSAI) Crab Rationalization Plan (CR Crab) Problem Statement: The problem is an inequitable distribution of CR Crab fishing privileges (crab quota shares) that resulted in excessive shares being assigned to vessel owners, and granted them inordinate control over fishermen on decks and in the wheelhouses, who are engaged in active fish harvesting. This was an unbalanced, direct and deliberate distribution of the opportunity to fish to a discrete user group or set of individuals that excluded long -term participants (boots -on -deck fishermen) without any justification in terms of the objectives of the Crab Rationalization FMP. This failed to preserve the status quo of economic distributions in the crab fisheries, ignored the dependence of present participants (crew) and coastal communities, and failed to fully consider the social and economic consequences (harms) of the scheme (rationalization). 1. The Crewmen lost their historical participation, fair and equitable access, and were furnished with diminished earnings /shares due to BSAI Crab Rationalization (CR crab). 2. Fishery dependent communities experienced damaged economies as a result of diminished jobs for crewmen and indirect employment losses, lost business revenues and resultant lost taxes. 3. Exorbitant lease rates (royalties) are being extracted for their crab IFQ's by a majority of boat owners who then furnish/pay crewmen with largely diminished earnings. 4. A closed class of processors now have control of the market/pricing for crab products delivered, which has resulted in lower ex- vessel prices, and less distributions to crewmen/skippers. No. NAME & CONTACT INFORMATION Crab Fisheri etc. #Years Fished 1 $a 4 1 121f ‘ i 1) 1i/,+ Signature: fall!, [c) 54 /92.04- 0 � .!9 r ti. Email: 9 0 -1 :-3 I-7 6, 7 1 3 2 VI � 0 Si 'At . = lure: A' A 347 . .��t 1�!%1 f l =, i 1 1 1 '. I 2 1 Email: Email: 0 1/.6A, 11 �� l iCO ■ • t- . - .r 7I Sig . re: Email 4 6,,, iii/""t,, ,,,, Si e: r' .7 i L) 6 6) Z-0;73 tl' L-09 a A i Ali ni-1 G y ' .--- ---_' Email: ON /1-1 ; l ', r- U Pi., Lt,,,: fie i , A67-1 S i_jC)f_l f7 Signature: C' .147) _ _ f f.3 ; �q f 1� C?,L c:, �;. j\Ct, +1r;t)..-' q Email: c 1,- .. 6 i 5 E — V n"i5E -0._ ) • c i S C Si � t. �_k i 2. i 3 `— �-i z_+s"' jai. - 5 &- +„` A . Cis (' "C_ Email: =- Lt..0 -y L' M I � i• acure: � / -'� 4 ---- r 2 , v to Signature; — Signatures Eanait: f rka 8 /14 on/ SCr l ( '//ez R-e-,C S Af'Pwo f (,� 7 1.0zi i s .i2(' i 11'75 Email: seu //f I) Q 1 t � cm - 1/Na 9 V el 14 (^ C 44A04 " ti ( 10 1 t AV' 5 ezei S i gn : 1© ,, Ice.,/,/, t / �-. €v c� f / / Ems: �' P evi77 FROM : F/V NORTH POINT Fit) STORMBIPD PHONE N0. : e 486 22 (2 SIGN-ON SHEET FOR CRAB CR_EW I support the proposal to NMPFC/NMFS by Shawn Dochtermann for the formation of a erewmember's trust of quota shares, in orde rights in the North Pacific crab fisheries taken away by Crab Rati Page NA( QIY ` r e Crewman's Assoc tnd E vim D rHri rt No- NAME & CONTACT INFORMATION Crab Fisheries etc. #Years Fished _S, rmpz 'Ai .4* ,r 40+6. j 1 i 01 ( (4 t Imo,. q. C: i " �T %r' -reC e7 gnature Si: .� �S� _ ��" Email:_ 2 / 44 cJt� / Si 7.__ —) `` l X Gam/ 6 fU )4 '2_2,9'1 '2_2,9'1 � > /C4, 1 1967i .. -' �, Signature: Email: 97/ 2 3 s / . iv' , 14-f> kv, 'DQ,`' 14. 0 - "Nq- (o. • I Email: • .r .. ! r .. • 0 ■ 1 1, , (� j LCo �'o t#t F) l L k 9�1r1P l Stgnature_ C / firs IQ, 48( act tor j �k. � 1 of Email: Kr k KaN LeA e4 9 i" V ♦ o B Z1 Ll 1,v $ k Signature: e2( tgZ5 ty29 soy it. ,list Qloc.e. s + w Wilt i -. Email: 70C- 3 56'2423 cell UV Z13 -23z I t*. II ccrn y' ( L✓/ so Si / ��y'rJ a 3 / 4 Cov K. f?c � � / Email: V?) j 7 - 2341 &1444K -- V 336 d i ore: thtiP.S l� f MA � 7 1/0•41:1 Elaaar>h tJ 7 I�.� S 1Vr 8 .3044.-A/ • /I. o 56vP6elSEA/ ' ft5"*. 7 4 itz1 wit-?9 'IL- Si aatwe: 4t ( After 'l1ya► =eta 4 r c CAM Die f*/ 441 ( CRS = - Lmail: 9 Krd1 ( '4L � . Signature: 3 y Ktnet c.,,._. /4 -1c-- /44 Ea►aii: M M &t4 134 4'9I MO 1 • Co vw-t 10 / e. aegroDE 1 44 T gow drill. Bv. i atture: as CtK /w /hem , C'.a• 9p9ia A 7 yrs ea"ea /A Email: ow iee Q al &sc.ieA_ . AA FROM : F A) NORTH VU 1 N I I /V b I UW"I1j 1 Kll F'HUNt NU. : 'JO f 4tib GG (Z Jun. eintJ • r hr i r SIGN -ON SHEET FOR CRAB CREWMAN PROPOSAL I support the proposal to NMPFC/NMFS by Shawn r)ochtermann and the Crewman's Association for the formation of a crewmember's trust of quota shares, in order to restore deckband/skipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. Page 2 tke&b y .1. Q yell 6 . No. NAME & CONTACT INFORMATION Crab Fisheries etc. # Years Fished K ; r v '"'-' ‘ 6887 a V () ' Email: e-klrt 41de,* 4 4 C 2 . fieT 2 1 y e a dddd �g�, ! C w Sien ' J ` / L y �lar f , g . ' � c�� l f ! I I L + �� Erna: C✓ ° 1) 1 3 / 1J /k G 0rT 4-/'"� Si • a , - , gY ,R 7/ d�� �� /1--- Email: 4 L i h U N J� r Signature: i ��., .1 c rg i v 6 m1p (0 wo :� � Email: ' : l: 5 30.3-- -0 c - 4 S \ .) 1� ..<" S I/ G it y" ,i5 6 092_ godlei.1C J4-If qq- (5- Email : - - -7 ; 6 �� (/ �Qo 5 r r i y qc 340 3 S Email: m 7 i# / I / �/C ' 0,8 i i:'3 ature: 2f yam C,41.7 p5/' Email: - 8 signatwre: ._ i q , :-r m \\\c \CI 3 i r..v) eti ' !'' e . o_ �6 Si. .. ' ' • , , f e?ef. r'.) /. �� -,. AViek .4( " qy I,� � signature Email: i 6- 2.5 19 IU s � - I - r` Email: f, 7 . 4 • e I ."' • • v 1'VS I I I • V a • • • 1 • v VIV1 - 1 • 1 wa1 W , 11_.111L 1 1V• • JCJ 1 LL 1G Page J UI 1. GJ IC J 1 [JJ. J 1 RI 1 I J. SIGN -ON SHEET FOR CRAB CRL;WMAN PROPOSAL, support the proposal to NMPFC/NMFS by Shawn Dochtermann and the Crewman's Association for the formation of a crewmember's trust of shares, in order to restore deckhand/skipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. 3 No. NAME & CONTACT INFORMATION Crab Fisheries etc. # Years Fished I Signature: 20-t- L q s 1 o f Emaiil: f�V►ij0 ) 4 e S 41064 , ft-,..0- 2 J }_ b -i AN' i / 1 To"- y o A- ES Signature: o"G S J G gs 1m d k d . ii-4 at R‘l�` i score Email: e•t k"'1 oQ, t og ci-i1P. re / 0 (- t 1->( CAS ei % P b etN75 /06)1:cd/14/ ei Email: (1 -Ste ei - /'q- 'r . c i Signature_ / 5 .. Email: T . t;+v ' L 6 J i--t) '" y i''I t R,ST `) nat e• Si ur 2,1 1 i I ( D _... n / li tili -- Signature: mow-7 Ar r rAl L� ) .; ° PK-A Email: 'in .- /96 , i 4 tJi) j.7f'_ /69" — 3 q- 3 c)v Pe 6-7.;1. lyrcliau .4/ �/ I3 Email: 5:e M561ii47c4 C; pifi ri. Lt)M r. a.-✓ ' Si store: / , , L i (4) i3 9.3. r 1e., d /4 )` Lj 'Ukg ! Email: 964 t(`,_.cJ4 .-, .' ) c. s 1 i € 1 4 1 , M 6 /j Si>,nat,m: /e Y �® , 544 ''" /r a7Y Ill o t4 � C Email: `7.01 - YQ ' c ,13° t t _ h.Gy1 Signature: ��� .- -- i ar - • t.a A • Email: � ` 1) 37,4-00 10 A ,i44 -e, -r j wt A----1 i 7 Signature: 9 -� �r / O J i3 `i 1� i L(`, So---1 , !/4^x- .S Emaitk 3 CO f2."7 /6 f' I KUM ; r / V NUK t h rU 1 N 1 r / v 5 UKrIti 1 K1J t 1UNt NU. ■ 7k2( 40M Ge (G Jun. GJ cm( CJJ • J r ru i r 1 SIGN -ON SHEET FOR CRAB CREWMAN PROPOSAL 1 support the proposal to NMPFC/NMFS by Shawn f ?ochtermann and the Crewman's Association for the formation of a crewmember's trust of quota shares, in order to restore deckhand/skipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. Page 4 Y e (1d( 4a.f. - N NAME & CONTACT INFORMATION C Crab Fisheries e etc. r F # Years 7 A Email: /FIJI ,.. , g_ ' /yr 0 051,5 II S Signature; _ 72- 11 li-1.-50C- Pe- eoPlik- 1 156 -17 5 Email: 0 a-i ii,.. ? 2-4 a i Cbil „------ 45 l i 0 (k 70 • • \-- 13or 7 Y.5 I:14:1 Email: 4 1 1 E r� T 1 11 11 SIGN SHEET FOR CRAB CREWMAN PROPOSAL I support the proposal to NMPFUNNIFS by Shawn Dochtermann and the Crewman's Association for the formation of a crewmember's mist of quota shares, in order to restore deckhand/skipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. 1- I .1) FROM FA/ NORTH MJINI I-/v I URrIBIKIJ 1-11UNt NU. : 4 1e3( 411b Jun. f 10z. ittri r j. SION-ON SHEET FOR CRAB CR12WMAN PROPOSAL I support the proposal to NMPFC/NMFS by Shawn Dochtermann and the Crewman's Association for the formation of a erewmember's trust of quota shares, in order to restore deckhandlskipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. No. NAME & CONTACT INFORMATION de /1 i /7 Ec eep, , Email: t o ci • A/e r 3 4 Email: 103- Ektikaw. EtA 537 717/ .....--- , 1/ \ t r: 4 :„5 ' LCCJ . ctf-cf.4,1( 1 l'(! - z Crab Fisheries etc. Sinatw a a/44 k Simiature: 7 - 17-11MPOC j 0 0 ) t ) 0 smiaturt; 97 e 9 — /37" I , .. R ir—i.x_ .c._ I1'fic -2-7 1 -Z--2.3 / ii) 1 /-----Z- 4 I ' ? ( / ic• # Years Fished 2-3 cY 30 2_ 2- ;/-5 / v3 No. NAME & CONTACT INFORMATION Crab Fisheries etc. # Years Fished YLvtu, --- / - ?",o 3 ILQ z D3itil: -;M r( , _ 2 (ie. -7-- Y , - - i'i-- (,) ' , ;) , Wi,4.- A1 -e 6 1 . im. A t Mg Etna: • - a ytvt Mill VCAft -1- -acc- 'CJet 4 Ti ■••■•-- g t Qr- 2 S isc A)t._ 11 26 I 61 LY 1110 sLiaAu= sitalsisv 0....v.„ s-Ve...D., nit altt 0.4..A S'yi .l.l.A...rdli r i— 7 To* le 3 Yie 5T e 1-24 , r .4) 442 ii c 2 1 Rona: ■r ( ------) - IV - t - ■4) . ___.__l___._________ signtum: A-.../.-. 41 - Signature: Email: '2- lo - 2,71 7 Pe 441 C.,--Y- n ( '.C' y -7 ... ,&44....7 . 41 g s .. „&dlc...__ e iof rcl--frispe„ Etna: r 1 irA•1 A " /A SiZIature W it j - tr A s S L 15' :A,4_ i , ' --ikdyraar\ C Email: atAg-14-4__ 8 44 pi t1/4/\44,i y•k 1 tm.4n: . Si• ,4-(_■.=ii-,,9-h4 2 ,411, )-- , of ,c 0 - 6 3sro 0 A U - I 010 .12( t 1 r+,4 , t*" ' 10 ...a... /7 s / /- , 14111 WIIP . 1 1 rum' rev ; urcrizsi rw rrcuri= SIGN-ON SHEET FOR CRAB CREWMAN 1 )SAL I support the proposal to NMPFC/NMFS by Shawn Doehtermann and the C Association for the formation of a erewmembees trust of quota shares, in order to restore deckhand/skiPPer rights in the North Pacific crab fisheries taken away by Crab Rationalization, - .SEC /q5 No. NAME & CONTACT INFORMATION Crab Fisheries etc. # Years Fished .@P- SignatUre: 11 r-4 6.1? — 2, q tb- Age 2 / .., / 1 7 tdp - I 1 k 1 /AA do _.49-ri- Elsa: -F5 /04e_em 0, ,6 1..) k-t)Ci si 22- - PT 6 C kbD lAk AL 11 P y 44. TO 1 4 • 1 +.1" ,— 'MUI.121.- (A,CrIl f ‘ I 3 z )i Affss r.--- X./ . / dr.dc - ,-• 1 Email: (- 7 0 - -- 4t-s 5 -1- --- - '' R e ,i/ Av Sismatim: I A;t5(5, inallig g G ( I 6 t/i1(e)-iilf --.1tIre: zo.,4,_ - ALL, Enrait : / 6 7 ci y 6 r ;-- ,i. 0, f i (c 29i Erna: f VA fie .• ncA- ' 1. --, - , Si: .....-1 i 0 _ j J . f 2_ ,- / A Email: I-74,ft ; it --- - ---'---- -c .-.77----. -( 7- .'", -- ? :. 7 , .--,7—'''-- / 8 9 .... signature: —T— T7:t, - lbh. :.,--Zf / inatutc: -' Ein*n: c 'el 1 - a5` 1-:.: : 7 C3 /1 _. - w / / 4., . * —*or .-- 76j I 1 AK - / \ '10 xvie, -f Mitzi"- p3 - tof - 6149- Si-Tr Aft rr-c.- I fi eL4,- 1 ,..... i -it 1 6 ei,L_AIL 51" lk 1 r Emit kvAl--fal 1? FRUM F/V NUMIH IIJLNI t-fV blUKTWIKU 111U N NU. ; 71elf ARset e(e Jun. JJI s SION-ON SHEET FOR CRAB CREWMAN PROPOSAL support the proposal to NMPFC/NMFS by Shawn Dochterrnann and the Crewman's Association for the formation of a crewmember's trust of quota shares, in order to restore deckhand/skipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. kis cr, No. NAME & CONTACT INFORMATION - Crab Fisheri - t # Years ):; fished �--� .�.1i ,/ - 19 y 3/S ti/j.(/.._ 5. A0d e4rc ,ors Ems: <5' 0 0-0— *x44 o, e-06--. 1 ,t/� GAr - & rotAh B 3g I, . . . , A €ft Email: '/0- —'/ S6. ow 7--A- `d &7 A- Signature' t * 0 '30 o 3 i A ttz Ems: `')U 9- 0 ce / v � 5 4/4 �� 136 Su.'400 Ave 1A j . Signature_ �, Email: 4 3) 565 3 55e S opiA 6'v ng-14 i c% ,,: c1por+B- t z. 2l SgZ i. s.-3 4-4 °i l'1 /'iZt; f , Eni iJ: o - - l : / 5 \ c \ � � �D �� Sim LI , J Gl in C-G, -Al . E : p 7 - 2— 2.7 h `tom n t ''- .d 3, A Ste: Email: e i 6 3 5 - 4 ii* i\ " - Email: ei J.3 6 36f f e)40„, cityt si_i„... �/ "Z Ulan: P f d h y OM/V ' 10 GJq. r (.1— t \ Gi Fes" // g • i.2:- iAt, 6U oL l Asa "l / Ems: Q O 5"(? .`"` SIGN -ON SHEET FOR CRAB CREWMAN PR.OPOSAI, I support the proposal to NMPFC/NMFS by Shawn Dochtermann and the Crewman's Association for the formation of a crewmember's trust of quota shares, in order to restore deckhand/skippe rights in the North Pacific crab fisheries taken away by Crab Rationalization. Prin Page el / No. NAME & CONTACT INFORMATION Crab Fisheries etc. # Years ished I t, 1. IA a LAAA- .�s d >r. r- �Sh -�r►� Si e. .. 36 , r 5& ( p, t .[A` ki y\. 3(4, vc,� ! 2 - ' )4 rac \ A`1CYLt•►b t- Sisfamm: v .e._ h 1 4 1 C- (0q24 t V lam' A✓ 6,V Steven ' 1,,tt\ `N $ 2s0d Email: , v..... o`w - * o0 0 , 3 , L \ i;t, C t� b .-15 Ler or v s• � =:. i i : ' z 2 \ CL'," G tL 4 ., \ a,J NTT -01kt° f_ii SLi LA.D -(%) Ste: 7.1z ( 0 z 6 �C3 S i,3 cif' \e qi-i" lipp Signature: mail: 5 6 7 +M;P+tlf - E' CTS T I LL.o �3bjc 2S 1 t .7o� A c a K. °1t — ' , 6 'r Email: • : � 's C7--C... - Ale cA"--- NVCAJ Si _ `� 2 '�` s. Signahn'e: ,� 2y 3 ' v v . 1 VA 1Z Email: , '7 (` o" r4 '� � ig ~ �'1 ,� t %ti f,,,o r s et , ,rP /J /0 ,1%�, , =.r3 -_�: t/ Ir /.i! 'A t e, . /l.A.V., , r Email: 8 1 S ' ' s .. A7 Va /7//n/frr9 irvr' Email: 4-n -CA-- , r r 9s° 6-- s Email: " IN — , -b - . -I- 10 Ro Ba _IA ir � /1 - 9� lS�- 1 -Aveha w,Ak G ang /mew" „—. il Email: l' ©71 L ' - O / - FROM : F/V NORTH PU1N1 1-/V b 1U M 1Ku ii-tui t Nu. : r Limp cere Page / SIGN -ON SHEET FOR CRAB C:RL:WMAN PROPOSAI, 1 support the proposal to NMPFC/NMFS by Shawn Dochtermann and the Crewman's Association for the formation of a crewmember's trust of quota shares, in order to restore deckhand/skipper rights in the North Pacific crab fisheries taken awa by Crab Rationalization. No. NAME & CONTACT INFORMATION Crab Fisheries etc. # Years Fistted sw 7 n(10 ------ ; h .( s \‘ i - S" — AWt 2 , 4 7 V 7 (5 it: ‘, 6- ' ' D - , b , -- - A d a ifk 4 101-‘)'-1 ` a1gn -„ ti L 'or 1 L (I' R653 Tult-''C__ L. L- ' c avY-- h ( C i z,--t ' Erna: e(_f(o .. ftffialai Etna! gli ( {) t, 4 f)A-o e , 51,914 _ K-,.. --- 4/ //‘ /5- ,..- .4_4 ,, - , , c- _.,,, 41 ,:,)/ , , , ..6,-6 v. c, 774) .1.4marl: 4 'A ii -,- .0.01 fri 'Ai :1 Z-V & I I -. AI Eina r • 7 / / pi's' qox-1(4 - 41 It ISIllir '‘.r' % C f 0e( cf r lifairiltM ...., ?? s , . !mall: sf 1,1M1WiliirSiMe.# C 01 8 / 6e:c. k---- 461- 4/r2._ WZ ., •Po 4,ix 5-N3 p-ocivil.r 41.( Cl?e,6 Email: i'Voiv-/e6c cif s / t / , 1 '' / -3 / Zeraji: 5749:___6 7_9(97 10 i Li4 _._ 4 , , d ...... ___ „_V mii,z 7., ./ r ,' , gl 6, i ' t. 1 MINI • r v ru-sm i n ruurt rev I LIM to mar I Filial 1G. SION-ON SHEET FOR CRAB CREWMAN PR.OPOSAI. 1 support the proposal to NMPFC/NMFS by Shawn Dochtermann and the Crewman's Association for the formation of a crewmember's trust of quota shares, in order to restore deckhandfskipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. 1 No. NAME & CONTACT INFORMATION Crab Fisheries etc. if Years Fished 1 /:,,.. Ili Signre /; S K,./ , / r'' , k n ,. , , j le / ri‘i 5 7 7 (1 (/,,,,z______-_— Email: ' - 2 i ' ' 'f\ \ \KC- 75 L.- \ I signature: L- I 1-=--t X4 kf: \c,, , 4.k (V II ; / h, t 'A % Email: .cv (.-• ' .. ' ' ' , L)4 Signature- r 0 C 0 X L 'i ( C`)' 3 0 Ic A k ei54,, i<2 1.77 Email: ' ,' . • - -\01 C71() -`0 , , ., . cciti, 4 . (E"..*„. aigagt fec---(-' c , iZ c - I S Email: e A /IA c y . ,- --, _, , ' , , c c 0'7 ,.... 5 .....-----• , , i /' sic: / pc /SciA 7'/7 L- .,, i.-. ‘g--Q gI7TSY'5/1 Etusul:„_. • td :: Pier ,/j', / , v 6 ' sigoaturly/ --;-,-%----- �`' 1. _ , ,,,,,, 4 : e /51 r c.vi / i__- q i / • ‘-- . A, "i,../(..' c- 1,Litc. ..., Elnag: AC 4J p..,L57 c' yitik6 i ...,‘ v- ti , kvAAe-, Aki • t t- -) I °LI N 15 // Email: 1, 1 1- f. Dm ` af_ LC . . 0) e4- 8 5 k L...::\e-t 1--C "---- - , aisitla ' --)/ --- .._..! / (. '`-----:., . , ci 2_ 5 -"e' le I Ad ( e's,e k ,c-..c) . Em-'--' : 9 01 it / 1H , - ...- ,- 1 z-J , e I, L t j___;i,- Lj r . , Elmo: - I r ' 10 i\d/4 r v. MANI Signature: — Fl .,,, „IPJA ,.......~4•■••■■■•■•••■• 0 ' Email: 10,1 ' r • FROM : FA) NORTH POINT FA/ STURM:11RO t1-LE ft NU. : f gob ze re JUJU G.,' Grucio 'Ndvo-e AD.OLcsl ?We SIGN S HEF,T FOR CRAB CREWMAN rROP'OSAT, I support the proposal to NMPFC/NMFS by Shawn Dochtermann and the Crewman's Association for the formation of a crewmember's trust of quota shares, in order to restore deckimpd/skipper rights in the North Pacific crab fisheries taken away by Crab Rationalization. Page 1 (- slia-1 CACI November 28, 2007 Carolyn L. Floyd Mayor Via Fax (907) 271 -2817 Mr. Eric Olson, Chairman North Pacific Fishery Management Council 605 West 4th Avenue, Suite 306 Anchorage, AK 99501 -2252 isak i- R to° Office of the Mayor and Council Dear Chairman Olson: As you are aware, the City of Kodiak has been impacted by the Bering Sea/Aleutian Island (BSAI) Crab Rationalization program. As a result of our concerns about the impact of BSAi Crab Rationalization, the City commissioned a study by the University of Alaska to help quantify the impacts. One clearly documented result of rationalization has been the consolidation of the crab fishing fleet and the subsequent loss of crew positions in the fishery. The loss of these jobs and the changed nature of crew positions in the fishery have impacted the social and economic fabric of our community. The City of Kodiak supports the Council's efforts to evaluate and consider modifications to the BSAi Crab Rationalization Program. We urge the Council to include in the evaluation process program modifications that will address frequently expressed concerns about the program's impacts on deckhands and hired skippers. We support a thorough review and analysis of the BSAi Crab Rationalization Program and its impacts on fisheries employment and community economies. We appreciate the Council's redefinition of the Bering Sea Crab Advisory Committee with the inclusion of additional "stakeholders." We intend to fully participate in the Committee process and believe that it has to address the concerns of crew members, if it is to be successful. Sincerely, 710 Mill Bay Road, Room 220, Kodiak, Alaska 99615 c: Senator Gary Stevens Representative Gabrielle LeDoux Denby Lloyd, Commissioner, Alaska Department of Fish and Game Cora Crome, Fisheries Policy Advisor, State of Alaska Kodiak Island Borough Mayor and Assembly Kodiak Fisheries Advisory Committee Telephone (907) 466 -1636 / Fax (907) 416-8633 clerkecity.kodiak.ak.ue Table of Contents Pages Request for endorsement by Gov. Palin 1 -2 BS /AI Crab Crewmen's reallocation proposal 3 -5 Fishheads public comment Feb 2007 NPFMC 6 -9 AP NPFMC minority report June 2002 10 -11 National Standard #4 30 page document 12 -13 NPFMC letter to Congress on Crab Ratz 14 -15 The Crewmen's Association (CA) requests that Gov. Palin , the Kodiak City Council (KCC) and the Kodiak Island Borough (KIB) sign on to a resolution endorsing the BS/AI crab crewmen's reallocation proposal as a cooperative. Please write letters to Governor Sarah Palin, the KCC, and MB requesting that they support this most earnest effort to protect coastal fishermen and communities. Please contact any of the following three members of the CA if you have any questions: Steven Branson 539 -5610 bransons @ptialaska.net Terry Haines 942 -0365 yohaines @alaska.com Shawn Dochtermann 486 -8777 Hm 425 - 367 -8777 Cell drdrmann @hotmail.com Hon. Governor Sarah Palin State of Alaska, Office of the Governor F.O. Box 110001 Juneau, Alaska 99811 -0001 April 23, 2007 RE: Requesting Endorsement by Governor's Office for Reallocation of Bering Sea Crab Individual Fish Quotas to a Crewmen's Cooperative Dear Governor Palin, Bering Sea/Aleutian Island `crab rationalization' has created unforeseen negative consequences in the fishing industry that need to be addressed now. However, the Palin administration has yet to formulate its position regarding the effects of this federal (`CR crab') privatization program on Alaskans, and deal with the excessive market powers granted under the 90/10% allocation occurring under the Knowles administration. The job losses due to corporate consolidation and reduction of the fishing fleet have been exponential. And every time I return from sea, I find another Kodiak business has closed its doors. Therefore, we ask for your endorsement of a proposal to promote a fair reallocation and thereby increase stability for the Bering Sea/Aleutian Islands crab fisheries and dependent communities. Soon after briefly telling you this March in Juneau that I had presented a draft of this formal proposal to certain legislators, I asked the North Pacific Fishery Management Council to reallocate a portion of the total allowable catch (TAC) to the crab crewmen. Absent a free market with transparency and accountability, and absent any fair price - making mechanism, along with a majority of our crab being shipped overseas subject to offshore profit taking, we need this proposal moved forward soon in order to form a cooperative that will help us gain bargaining power to obtain fair and equitable earnings. Please allow me to humbly ask for your assistance in endorsing the proposal to the North Pacific Fishery Management Council and Secretary of Commerce to help promote this earnest effort to have Congress put crab crewmen back in the their rightful place, on the decks of boats. With a restored historical share - and given the cooperative's profits - crewmembers would have a stronger interest in the crab fishery and that would provide for professional crewmen and restore the opportunity for new entrants. These additional issues on Crab Rationalization also need to be addressed: 1. Restraints of Trade that arose as a result of processor quotas, which also have harmful antitrust effects on ex- vessel prices. 2. The economic damages to coastal communities as a result of crewmen and indirect employment losses, lost business revenues and resultant lost taxes. 3. Exorbitant lease rates are being extracted for their crab IFQ's by a majority of boat owners who then furnish/pay crewmen with largely diminished earnings. Page 2 – Shawn Dochtermann, April 23 The North Pacific Fishery Management Council was frequently warned that such potential damaging effects would occur as the result of privatization. This was clearly predicted by its own Advisory Panel, in a minority report issued in June of 2002. The Department of Justice's Antitrust Division also warned of the possible economic harms that would arise. However, the regional fish Council and Congress failed to heed those warnings, a congressional appropriations rider provided an end -run of public due process, and now we are suffering under all of those predicted consequences. An arm's length, open - market exchange system has been a viable system of economic free trade that has existed for thousands of years. It works to the benefit of buyers, sellers and consumers. Yet the new system of CR Crab privatization operates with 90% closed markets; the forced binding arbitration for the product delivery price has over - complicated the crab fishery; and this promotes price -fixing and restraint of open trade. At the April 2007 NPFMC meeting in Anchorage, during the 18 -month review of the program, processors and cooperative directors asked for `immunity' for those involved in binding arbitration. Repeatedly stressing a desire to handle any problems `privately and contractually" among themselves only, these beneficiaries not only reject public scrutiny of public resources, but also asked for immunity not only for participants, but for arbitration lawyers and market analysts, as well. The future of Alaska's fishing industry depends on viable and sustainable fisheries, with on -deck fishermen earning fair incomes, and on those first dollars helping our fishery- dependent communities to maintain a healthy state economy. And that depends on continued public scrutiny. And I believe that a fair balance of quota lease fees, crew compensation, and prices paid for crab products can only be achieved with a suitable reallocation of crab quotas to a crew and skippers' cooperative. At some point, the Constitutional rights of Alaskans to maximum benefits from common use resources, and the implications of Alaska's own antitrust legal doctrines come into play. It is time to recognize the excessive market powers granted to a few consolidating corporations domiciled elsewhere, and to help us bring back statehood's promised rewards. Please consider writing a letter endorsing the proposal to the Legislature, Secretary of Commerce and the NPFMC. Thank you. Respectfully, Sh C a D r va C. - LV{,11LCIIIItIIlI] Crewman's Association, Secretary FN Isanotski P.O. Box 3886 Kodiak, AK 99615 Tel: 907 -486 -8777 Email: BS/AI CRAB RATIONALIZATION IFQ REALLOCATION FOR SKIPPER/CREWMEN COOPERATIVE AMENDMENT PROPOSAL RE: C-4 CRAB MANAGEMENT North Pacific Fishery Management Conseil Name of sponsor: Shawn C. Dochtennann Date: April 1, 2007 Address: P.O. Box 3886 Kodiak, AK 99615 Telephone: 907- 486 -8777 Email: drdrmann@hotmail.com Brief Statement of Proposal: 1. Reallocation of a percentage of Individual Fish Quota (IFQs) harvest privilege shares of "CR Crab" - Bering Sea/Aleutian Islands king crab, opitio, and tanner crab fisheries — to active crab crewmembera; and 2. Provision for a single Crewmember's Coops alive for all "CR Crab ". 3. Retain Open Market for MI Crvwmember Shares. Obiectives of the Proposal (What Is the Problem ?): The problem is an inequitable distribution of CR Crab fishing privileges that resulted in excessive shares being assigned to vessel owners, and granted fishermen on decks and in the wheelhouses, who are engaged in them inordinate active fish h control over fish harvestin This was an unbalanced, direct and deliberate distribution of the opportunity g. discrete user group or set of individuals that excluded 1 participants o to fish to a fishermen) without any justification in terms of the objectives of the Crab Rationalization FMP. This failed to preserve the status quo of economic distributions in the crab fisheries, ignored the dependence of present participants (crew) and coastal communities, and failed to fully consider the social and economic consequences (harms) of the scheme (rationalization). 1. Correct Inequitable Distribution of Harvester Shares ander CR Crab FMP; and Restore Historical Creweremt,cr C . t Skipper shares of 3%, combined with a complete failure to recognize deckhands as members of a vessel crew (by allocating 0% to them), fall drastically short of the historical earnings of crewmembers who actually harvest crab. A germane legal argument is that an inequitable `takings' occurred as vessel owners confiscated upwards of 70% of ex- vessel fish ticket earnings as quota rents once the CR Crab FMP went into effect. Reallocation of crab quotas would provide the crewmen with fair and equitable with which they, as small businesses that were needlessly harmed (even foreclosed quotas sed) by inequitable allocations under Crab Rationalization to date, can retain future employment opportunities in these crab fisheries. 2. Crewmember Representation in Binding Arbitration & Price Negotiation: interests d c the skippers representatives to the binding arbitration tables to protect the financial Ppers and crewmembers. 3. Assure Experienced Crews are Available and Rewarded in CR Crab Fisheries. Assure crewmenbe jobs in the future have earnings that are commensurate fisheries. to their personal investments and the dangers of participation in CR Crab fisheries. Needs and Justifications for Council Action can't , roblem , : , thin h othe channels? The drastic reduction of jobs and fisheris forces this ' pay with the massive consolidation of the rationalized crab Lssue to be dealt with forthwith. There actually receive allocated quota ... was no provision for crewmen to initially in BS/AI crab nationalization, which violates: Section 600.325 National Standard #4 Allocations. Conservation and management measures shall not discriminate between residents of different states. !fit becomes necessary to allocate or assign fishing privileges among various U.S.. fishermen, such allocations shall be: (1) Fair and equitable to all such fishermen. (2) Reasonably calculated to promote conservation (3) Carried out in such a manner that no particular in other entity acquires an ercessivre share of suck privilege& corporation, or Discussion: In determining the allocations wider CR Crab not rationally connected to the achievement of °e(all c nsi ng were Op4imum Yield through the c�mnembers that eld — especially considering that it communities. The motives for at maximum net economic benefits flow widely to objectives — i.e. to increase safety g particular allocations were not justified in terms of o individuals and a user � and reduce overcapacity — and disadvantaged �wmembers as in from group, without cause. Nor did the RAP properly, contain income crewmembers to rent-seeking owners, nor deter acquisition of excessive shares. This resulted in obvious inequities that need to be corrected, not the least of which are up to 70% quota lease rents. There are t ..spa to CVfI'eCt nun; 1 ) Council action to correct the inequities and re-establish erewmembers quota share (ownership) rights; or 2) Judicial Review — i.e. a lawsnk. litigation. proposal gives the Council the opportunity to correct pin flaws and avoid such Foreseeable Impacts of the Proposal (Who wins, who loses ?): Who Wins: By having quota rights Crrewmembers (dockhands, engineers and skippers) gain ability for substantial employment opportunities and are more likely to achieve fair earnings. This enhances the interests of new entrants, as well. Crew will benefit from increased bargaining power for ex vessel compensation with both cooperatives and processors. Fishery dependent communities will benefit from increased (restored) crew incomes. Federal and state taxes will likely be higher, in total, as crewmembers invariably pay taxes whereas corporations shelter them. Are there alternative solutions? If so, what are they? And why do you consider vour proposal the best wav of solving the problem ?: Yes, an alternative would be to overturn crab rationalization and return to Open Access with a 100 pot limit for king crab and 250 for opilio. This is the option that would best have modified Status Quo, which when coupled with buyback would have helped maintain crew jobs and avoid excessive consolidation onto fewer boats. A second alternative is to cap rents for vessel owners to a much reduced percentage, more like 35%, rather than the current exorbitant rates of between 70% -50% being taken by boatowners/JFQ holders. This would be coupled with giving the crewmembers their historical 35% - 40% of total fish value. Reallocation to fair and equitable historical participation levels through Council action is far better than facing inevitable and costly litigation. Supportive Data and Other Information (What data are available and where can they be found ?): Previous to IFQ shares being allocated to all entities, vessel owners, or corporations they were all required to submit 3 years ( 2002 -04) of crab data to NMFS in order to receive crab quota shares. NMFS and/or related agencies could release this data in summary to substantiate the overall participation levels (i.e. to establish the estimated 35% to 40% historical crew rights). The present BS/AI crab rationalization requires that all quota shares holders furnish NMFS with extensive crew and other data. Gunnar Knapp of ISER conducted a study for the City of Kodiak and it contained preliminary analysis that puts job losses in the BSAI crab industry at 892 persons who held jobs prior to rationalization. (An estunatod 1,500 persons previously held crab jobs before rationalization.) Additional Notes Inherent in this proposal is a request that the Council begin a Discussion Paper and provide data for the allocation of the historical crewmembers' share of Bering Sea/Aleutian Islands "CR Crab" IFQs to be assigned to a Crewmembers Cooperative. Signature: North Pacific Fishery Management Council 604 West 4 Avenue Suite #306 Anchorage, Alaska 99501 180 Plenary Session — February 5-13, 2007 Benson Hotel Portland, Oregon Testimony Fish Heads Public Comment re: D-2 BSAI Crab By: Mr. Shawn C. Dochtermann Kodiak, Alaska Tel: (907)486 -4759 Mr. Secretary, Madame Chair, Council members, and Honorable Citizens of the United States, My name is Shawn Dochtermann a 30 years commercial fisherman, 20 of those years for crab in the Bering Sea. I am here representing Fish Heads an organization representing fishermen, their families and coastal communities and their protections. We're here to address multiple concerns about Bering Sea/ Aleutian Islands crab rationalization. 1. The question of whether the NPFMC had the authority to. create a program as specified by the Congressional record. 2. Whether the proper economic analysis of the impacts of all the options on communities, processors and fishing fleets were done in a timely manner. 3. The claims of improved economic conditions for all sectors of the industry. 4. The claims that the council designed a program that was fair and equitable, and that would protect the interests of all those that depend on the BSAI crab fisheries. The Congressional Record dated December 15, 2000 Pages H12276-79 SEC. 144 (a) The Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et. seq.) is amended -- The North Pacific Fishery Management Council shall examine the fisheries under its jurisdiction, particularly the Gulf of Alaska groundfish and the Bering Sea crab fisheries, to determine whether rationalization is needed In particular, the North Pacific Fishery Management Council shall analyze individual fishing quotas, processor quotas, cooperatives, and quotas held by communities. The analysis should include an economic analysis of the impact of all options on communities and processo rs as well as the fishing fleets. The North Paces Fishery Management Council shall present all its analysis to the appropriations and authorizing committees of the Senate and the House of Representatives in a timely manner. The council was asked to determine whether rationalization was needed for the Bering Sea crab fishery. They were then asked to analyze IFQs, PQs, Co -ops, and quota held by communities. Then the council was mandated to present all its analysis to the authorizing committees of the US Senate and House of Representatives. 1. There was no mention of the Aleutian Island crab fishery. 2. There was no mention that the council had authorization to submit only a preferred alternative. 3. It was clear that the mandate was to present all the analysis on BS crab rationalization. I'm going to quote from a letter written to congress from the chairman Dave Benton of the NPFMC as of August 5, 2002. "The council recently completed an analysis of rationalization alternatives for the BSAI crab fisheries as requested by Congress." The final EISs were not available until late 2004. This was not in accordance with the mandate which the congress requested. "Rationalization will improve economic conditions substantially, for all sectors of the crab industry." "Allocations of harvest shares would be made to harvesters. communities, and captains." Next I will refer to the minority report of AP dated June 2002 Dutch Harbor, Alaska. The multi- sector effort was undertaken to provide viable alternative to the two -pie proposal. The motion offered was flatly rejected by the processing sector. by processing sector. - - - -- The minority feel the IPQs will: • Un- necessarily complicate management of the crab fishery • Create a highly segmented market, negatively impacting competition and prices • Contribute nothing to achieve resource conservation goals • Artificially allocate market shares • Turn fishermen into a commodity, extinguishing market freedom • Constitute economic protections rather than rationalization • Accelerate irreversible consolidation • Undermine the ability of Kodiak and other communities to benefit from rationalization • Allocate public fishery resource control to the foreign corporations Here the council had a minority report that predicted all the ills of crab ratz, and now the ugly head of the beast has arisen. We're sitting in this room today with vessels that can't go out and prosecute the Opilio fishery or even make a delivery until March and probably April. This council, the Department of Commerce, Ted Stevens and the Congress are all responsible for halting the natural progression of commerce in the Bering Sea crab fisheries. You have allowed the very basic properties of the problem statement to be broken Trident, Unisea, Icicle and Snopac have been given special rights to not process in the Northern region. This is contrary to the community protections clauses promulgated in the program. The city of King Cove has been devastated by the onslaught of crab rationalization. The new boat harbor that was built is almost empty year round. The pot hauling business has 6 or 7 boats now verses 60-70 boats to haul gear for. The stores have lost about 90% of their crab food orders and crew gear buying sprees. Where were their protections? In just two years we've seen a dramatic decline in price of king and opilio crab. Binding arbitration is like negotiating over a cow after the product has been processed through the sewer plant. PQs have given the processors the overall control of the price making mechanism. There is no comparable uncontrollable price as the crab market is controlled by a cartel that you have created. PQs violate antitrust laws of this country. The council at their own volition can change the extreme distress to the industry. I would appreciate if all of you would move to make a motion to remove PQs from crab rationalization forthwith to let the free market operate as it has since this country gained its independence. The fishermen, the actual harvesters, w ere g iven noting. I w_ nothing t � . _ -__, were � d ...,......a....a�, a will repeat LpTaing IOr our life risking services. Without crew not one single crab would have been hauled aboard, sorted for legal size, put in the holding tanks, and brought to the dock and delivered to market. We work in some of the most adverse conditions in the world and all this council came up was "it was too hard to figure out who the crews were", as spoken by Dr. Earl Kryger. There are such things as crew contracts, vessel logs, and 1099s that the boat owners retain, so I beg to differ. The most interesting fact that will need to be dealt with in the very near future is that there is no definition for "fishermen" in the MSA. But the council decided to allocate quota without a definition. Well, I'll tell you what a fisherman is: a person that puts on his boots, goes down to the dock, prepares his boat and gear, and actually goes to the fishing grounds and prosecutes a fishery, then returns to port and delivers his catch. This council gave all the fishing rights to investors, not to the true harvesters, except the pittance of 3% of allocations to the skippers/captains. I will repeat as I have previously spoken to this council that they have disregarded Sec. 600.325 National Standard #4 Allocations If it becomes necessary to allocate or assign fishing privileges among various U.S fishermen, such allocations shall be: (1) Fair and equitable to all such fishermen (2) Reasonably calculated to promote conservation (3) Carried out in such a manner that no particular individual, corporation, or other entity acquire an excessive share of such privileges The crab allocations were not fair and equitably distributed to the crewmen and if this council will not make provisions in the future for crewmen allocations we will have no other choice but to seek judicial review. A letter of update to the Congress from the NPFMC, April 2003: additional provisions "A program that would allocate a portion of each fishery for the exclusive use of captains and crew" So where is it? The so-called program for crew to purchase quota is devoid, as there is no money appropriated for the program. Why should the crewmen that worked for 5, 10, or even 20 years such as my self have to purchase the public resource that was given to investor/boat owners. For the 18 month review we expect this council to initiate a motion for a discussion paper from the staff on the redistribution of crab quotas to crews with a guild system built in so that there is a viable future for crab fishermen, AKA Crewmen. I would appreciate if this council would carefully consider my comments. Many professional crewmen did exist before crab rationalization and are now out of work and would like to participate in the Bering Sea crab fishery. They will not work for peanuts, which is how the majority of the vessels/co -ops are paying them because of the intolerable lease fees as the t of crab rationalization. Shawn C. Dochtermann Fish Heads - Member market to any buyer. The crew pool of QS would be overseen by RAM. The proceeds from the sale of this QS by auction to the highest qualified bidder would go into a dedicated low interest loan program for crew. Motion passed 16/0 Option D Low Interest Loan Program A low - interest rate loan program, consistent with MSA provisions, for skipper and crew purchases of QS would be established or made part of the existing loan program for IFQ purchases using 25% of the Crab IFQ fee program finds collected. Motion passed 16/7 The AP recommends that the Council include the binding arbitration process as part of the crab IFQ program. Motion passed 15/1. AFA sideboards Issue 1 AFA Procession Sideboards Option The crab processing caps enacted by Section 211(cx2(A) of the AFA would be temainated (from Section 2.8.1) Motion passed 16/0 Issue 2 AFA Harvester Sideboards Option Eliminate AFA crab harvester sideboard caps upon implementation of the crab rationalization program (from Section 1.8.5) Motion passed 16/0 Ob server Prosraa Status Quo — ADF&G and the BOF will establish vessel and processor observer coverage levels as needed under the rationalized fishery program. Motion passed 16/0 A motion to adopt the BSAI rationalization program alternatives faikd 5/11 Minority Report on the main motion: The undersigned feel the framework motion failed precisely because it represented a good solution that required compromise from all parties Signed Lance Farr, Jeff - Steele, Al Burch, Teresa Kanalianis, Bill Jacobsen AP Minority Report on Crab Rationalization The undersigned believe it is possible to craft a rationalization program that addresses resource conservation priorities and the concerns of harvesters, communities, and processors will Font the indiction of lPQ5. Attempts were made in various motions throughout this issue to address the concerns of the processing sector regarding stranded capital and stability in a balanced manner. A motion failed 10-7 to provide for a closed class of processors, with a percentage of the sharps restricted for delivery only to processors in the closed class. This was an attempt to address the concerns of the processors, in a manner that would have retained a competitive environment for conducting price negotiations. The Advisory Panel then voted unanimously in favor of using the State's vohmtary cooperative model as the basis for designing a rationalization program. A motion using the States voluntary cooperative program was crafted modeled after the AFA style cooperatives, which have worked out to be acceptable to both harvesters and processors involved This coop motion provided a vohmtary choice regarding which cooperative a harvester could join based on relationships developed in the year prior to implementation of the program. Clear incentives for fishing within 15 cooperatives and strong disincentives for leaving coops were features unique to this proposal This fully fleshed out proposal is based upon the elements and options contained within the analysis. It provides for a closed class of processors that guaranteed the eligible processors, in the aggregate, 80% of the overall CY harvest A substantial disincentive for fishermen to leave a coop (potential loss of 20% of their annual history) was built into the motion in order to provide assurances to the processors that this cooperative model would benefit their interests and guarantee that fishernien uld pa ticipate. We, the dissenting members of the Advisory Panel worked very hard to attempt to reach some middle ground utilizing the elements and options contained in the analysis. It was our hope that this would provide an acceptable solution to all sides, recognizing that neither processors nor harvesters were gaining a disproportionate advantage in this proposal This multi-sector ejj8rt was undertaken to provide a viable alternative to the two -pie proposal The motion offered was flatly rejected by the processing sector. The minority feels that IPQs will: • Un- necessarily complicate management of the crab fishery • Carearte a highly segmente+d market, negatively unpacting competition and prices • Contribute nothing to achieving resource conservation goals • Artificially allocate market shares • Turn fishermen into a commodity, extinguishing their market freedom • Constitute economic protections rather than rationalization • Accelerate irreversible consolidation • Undermine the ability ofKodrak and other communities to benefit from rationalization • Allocate public fishery resource control to foreign corporations The processor section of the analysis contained a very narrow suite ofele era and options for lPQs, the scope of which will result in significant imparts on the dash ibution of IPQs. The distribution of IPQs will have secondary impacts on communities, which were not captured due to the lark of contrasting alternative distributional criteria. Analysis of a full suite of conmaanity protections is bnperutive to assessing the implicatiora of IPQ on communities. We are concerned that the range of options was too morrow to satisfy NEPA and other legal requirements for an action of this magnitude. Through drafting of the AP's advice on crab rationalization, two important issues have been relegated to future development, with lithe or no information known on the passibility or legality of these issues. Thelma is binding arbitration, which has clearly been identified as a vital element for assuring that the two-Pm provides for a more balanced negotiating structure for harvesters. The second is the issue for CDQ groups of local governments. of first right o1 refusal l options Further, specific moons by which to achieve the full benefits of radonolizartion to address bycatch reduction and other conservation gaols have not been clarified IV-ghoul these issues being clearly defined and analyzed it is premature to approve a two-pie program. Finally, the undersigned request that the Council give thoughtful consideration to the p ro gram outlined in the modified voluntary cooperative model. Signed Craig Cross, Dan Falvey, Dave Fraser, Hazel Nelson, Michelle Ridgway, Jeff •Stephan 16 Adoption of an FMP that merely perpetuates existing fishing practices may result in an allocation, if those practices directly distribute the opportunity to participate in the fishery. Allocations of fishing privileges include, for example, per - vessel catch limits, quotas by vessel class and gear type, different quotas or fishing seasons for recreational and commercial fishermen, assignment of ocean areas to different gear users, and limitation of permits to a certain number of vessels or fishermen. (2) Analysis of allocations. Each FMP should contain a description and analysis of the allocations existing in the fishery and of those made in the FMP. The effects of eliminating an existing allocation system should be examined. Allocation schemes considered, but rejected by the Council, should be included in the discussion. The analysis should relate the recommended allocations to the FMP's objectives and OY specification, and discuss the factors listed in paragraph (c)(3) of this section. (3) Factors in making allocations. An allocation of fishing privileges must be fair and equitable, must be reasonably calculated to promote conservation, and must avoid excessive shares. These tests are explained in paragraphs (c) (3) (i) through (c) (3) (iii) of this section: (i) Fairness and equity. (A) An allocation of fishing privileges should be rationally connected to the achievement of OY or with the furtherance of a legitimate FMP objective. Inherent in an allocation is the advantaging of one group to the detriment of another. The motive for making a particular allocation should be justified in terms of the objectives of the FHP; otherwise, the disadvantaged user groups or individuals would suffer without cause. For instance, an FMP objective to preserve [[Page 36)) the economic status quo cannot be achieved by excluding a group of long -time participants in the fishery. On the other hand, there is a rational connection between an objective of harvesting shrimp at their maximum size and closing a nursery area to trawling. (B) An allocation of fishing privileges may impose a hardship on one group if it is outweighed by the total benefits received by another group or groups. An allocation need not preserve the status quo in the fishery to qualify as "fair and equitable," if a restructuring of fishing privileges would maximize overall benefits. The Council should make an initial estimate of the relative benefits and hardships imposed by the allocation, and compare its consequences with those of alternative allocation schemes, including the status quo. Where relevant, judicial guidance and government policy concerning the rights of treaty Indians and aboriginal Americans must be considered in determining whether an allocation is fair and equitable. (ii) Promotion of conservation. Numerous methods of allocating fishing privileges are considered "conservation and management" measures under section 303 of the Magnuson- Stevens Act. An allocation scheme may promote conservation by encouraging a rational, more easily managed use of the resource. Or, it may promote conservation (in the sense of wise use) by optimizing the yield in terms of size, value, market mix, price, or economic or social benefit of the product. To the extent that rebuilding plans or other conservation and management measures that reduce the overall harvest in a fishery are necessary, any harvest restrictions or recovery benefits must be allocated fairly and equitably among the commercial, recreational, and charter fishing sectors of the fishery. (iii) Avoidance of excessive shares. An allocation scheme must be designed to deter any person or other entity from acquiring an excessive share of fishing privileges, and to avoid creating conditions fostering inordinate control, by buyers or sellers, that would not otherwise exist. (iv) Other factors. In designing an allocation scheme, a Council should consider other factors relevant to the FMP's objectives. Examples are economic and social consequences of the scheme, food production, consumer interest, dependence on the fishery by present participants and coastal communities, efficiency of various types of gear used in the fishery, transferability of effort to and impact on other fisheries, opportunity for new participants to enter the fishery, and enhancement of opportunities for recreational fishing. [61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998] • L � � North Pacific Fishery Management Council David Benton, Chainrar Chris Oliver, Executive Director Telephone: (9071 27 -2809 August 5, 2002 Dear Senators and Representatives: S :••Aril:trk\cr. nar sltr.%pd Visit nu- website: wuw.fekr.noaa.gov(no*i c 605 W 4" Ste 308 Anchorage AK 99501 -2252 Fax: (907) 271-2817 As part of the Consolidated Appropriations Act of2001 (Pub. L. No. 106 -554), Congress directed the Council to examine fisheries under its jurisdiction to determine whether rationalization is needed and provide ar anaiysi; of several specific approaches to rationalization. The specific legislative language ia: The North Pacific .Fishery Management Council shall examine the fisheries under its iririsdicfi particularly the Gulf of Alaska groamdfish and Bering Sea crab fisheries. to determine whether rationalization e needed fn particular, the North Pact* uncil shat ana ,s, individual fishing quotas, processor quotas, cooperatives, and quotas held by comtnunuia. The analysLr should Include anal qf Co t»�pact elf opt on communities and processors as well as the fishing fleets. The North Paci tc Council shall present its analysis to the appropriations and authorising committees :Vibe Senate and House of Iepresentatives in a timely manner, This letter, and attachment, are intended to provide you with that analysis for the Bering Sea and Aleutiarn Islands (BSAI) crab fisheries, and inform you of. our Council's recent actions in this regard. The Comma=! L .c• recently compieted an analysis of rationalization alternatives for the BSAT crab fisheries as requested by `� • t Congress. Retying on this analysis, the Council has concluded that these fisheries, their participants, and , F ree dependent communities would benefit from r tionalization.'Rationalization will improve 1 +► -rt ; t. urrpiow ecouroirrio conditions �— map subanday, fora sector of the crab industry. Cammun ty concerns and the `teed to provide fir economic F- o sN2 — .. protections for hired i.rew will be addressed. Safety in the fisheries will be enhanced. Biological beneflei will a ?so be realized. At its June 2002 meeting, the Council by a unanimous 11 -0 vote, identified a specific rationalization program as its preferred alternative for rationalization cfthe BSAI fisheries. This vote followed 4hf cn three years of meetings and discussion by industry sectors involved in these fisheries, two years of discussion and development by the Council and lis industry Advisory Pane!, and nearly two years of detailed analyses by Council std with assistance from MIFS, ADF&G, and independent economists and fisheries consultants. The preferred ale` native, a "three-pie voluntary cooperative program ", is a carefully, erafbed program that balances the interests of several identifiable groups that depend on these fsher%es. Allocations of harvest shares would be made harvoste communities, and ca 1. Processors would be allocated processing shares. Designated regions wort all I -I tandirgs processing activity to preserve their historic interests in the fisheries. Harvesters would . - permitted to form cooperatives to realize efficiencies though fleet coordination. The novelty of the pro 4 has compelled the Council to include several safeguards into the program, including a binding arbihaiJon kp npgram for the resolution of price disputes and extensive data collection and revie progrtza o assess the Success pf be rationalization proper. These safeguards, together with the Council's continuing development of the program through a series of ongoing amendments and clarifications, demonstrate the Council's cpmmitmett to a $ir and equitable rationalization program. which will protect the interests of those that depend on the BSAI crab fisheries. ` to . Ns . CiOLE S , ('l ir".s•.,,,C' •h ut's' , - 6 re4 LI 4.4"./A l. - 1 ' . -1 ! i�/uits .,.: te.e,74w:yi f [.:..i;- I tn..,e svA-1 7 r , L I have enclosed the Council's report summarizing the preferred rationalization alternative, zs well as a complete copy of the detailed analyses. r have included extra copies of the summary document for your convenience. I believe our summary report and the detailed analyses demonstrate that the Council has thoroughly assessed the impacts of rationalization on these fisheries, their participants, andedsupodentsammulities. We believe that the rationalization program will benefit alt of those groins and presents a significant opportunity to improve biological and economic conditions and safety m these fisheries. Imp'ementation af this program would follow its final approval through the Environmental Impact Statement (EIS) currently being ptcparcd for the crab FMP, which we expect ect to be completed for Council action early next year. Congressional authorization for this program would, of cout,e, also be necessary. This program is certainly not without its controversy. The adoption by the Council of processing quota shares as a fbndamental part of the program is probably the most controversial aspect ofthe program. However, the Council believes as reflected in its unanimous tote, that the crab fisheries in the Bering Sea/Aleutian Islands require this innovative, comprehensive management approach to adequately recognize and protect the interests of all participants. It recognizes all components ofthe /May as a balanced, inextricably linked system, rather than individual, compering components. It may not be the appropriate model fbr other fisheries in the Nation, or even for outer fisheries in the North Pacific, and is not intended to be a template for ether fisheries. We do believe it is the appropriate management approach for this fishery, and we respectfully submit that Congress should allow for such regionally tailored approaches in the management process. All Councils flexibility as we consider development of rationalization programs fbr other fisheries, tltor of all user groups area to 3u48 _' Tfis is 5 - ' c'fe''f .r` c">" I hope the enclosed information is useful to the United States Congress as you consider reauthorization of he Magnuson - Steens Act, or consider other legislation affecting our fisheries. Please contact our Council, through the office of the Executive Director, if you require further information. Sincerely, David Benton Chairman c a rtc'cor.gresslu.wpd .J go-Cr.:, 4- t ' . % ! .1 Kodiak Fisheries Advisory Committee Meeting November 8, 2007 Room 128, Kodiak College 9:00 AM to 12:15 PM Committee Members Present: Oliver Holm Theresa Peterson Paddy O'Donnell (Alternate for Jim Hamilton) Len Carpenter (Alternate for Chuck Thompson) Jay Stinson Jerry Bongen (Alternate for Jeff Stephan) Chris Holland Dave Woodruff Julie Bonney Hunter Burns Walter Sargent (Alternate for Alexus Kwachka) Duncan Fields (NPFMC member) Matt Moir (NPFMC AP member) Mike Martin (NPFMC AP member) Agenda Items: • Duncan Fields stated a crewman representative from Kodiak should request a seat on the NPFMC Comprehensive Data Collection Committee. • The joint resolution from the crewman's association on the agenda was not discussed since the crewman's representative was not present. • The list of names requesting a seat on the NPFMC Crab Committee were stated and discussed. The Chairman of the NPFMC will make the appointments. • Items discussed on the NPFMC Draft Agenda BSAI Crab Issues a) Preliminary review on BSAI 'C' Share active participation. b) Final action on BSAI Crab 'C' share 90/10 exemption. c) Final action on BSAI Crab custom processing. d) Final action on BSAI Crab post - delivery transfers. e) Review workplan on BSAI Crab 3 year review, action necessary. GOA Groundfish Issues a) Progress report on GOA P. cod sector split, direction as necessary. b) Review discussion paper on GOA sideboards, action as necessary. 1 c) Final action on GOA pollock trip limit. d) Final action on CGOA rockfish post - delivery transfers. LLP Trawl Recency a) Initial review of LLP requirements. Discussions were held on these topics with a good exchange of information between the gear types and with the NPFMC members present. • Jay Stinson raised the point that we should possibly broaden our view beyond NPFMC meetings. He would like to see the KFAC look at additional issues /topics that may impact the fisheries and the community in the future. Trevor Brown stated that he would put additional issues on the agenda if the group would like to discuss them and offer recommendations to the City and Borough. Next Meeting: November 29th 9:00 — Noon 2 Kodiak Fisheries Advisory Committee November 29, 2007 Room 129, Kodiak College 9 a.m. Agenda CaII to order — Kodiak Chamber of Commerce Facilitator Committee Member Introductions Vf Public Comments 4) Discussion of Issues V Draft Resolution from Crewman's Association • December NPFMC Agenda - GOA Issues - BSAI Crab 5) Committee Comments 6) Public Comments 7) Next Meeting 8) Adjournment DRAFT - RESOLUTION — EXAMPLE TEMPLA CITY OF KODIAK / KODIAK ISLAND BORO RESOLUTION NUMBER 07- A RESOLUTION OF THE ASSEMBLY OF THE BOROUGH OF KOD TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL SUPPORTING THE BERING SEA CRAB CREWMEN'S PROPOSAL, A MOTION TO AGENDA, ANALYZE AND INCLUDE THESE HISTORICAL RIGHTS IN THE 3-YEAR REVIEW PROCESS (AND CONSIDER DURING 18- MONTH REVIEW). WHEREAS, JKFAC 1 met on September 4 and 20, 2007, with a significant portion of those meetings concerning the topics of crew data reporting and the Bering Sea Crewmembers Proposal — that the NPFMC consider scheduling an agenda item and staff tasking for the purposes of making this issue part of the 18 month and 3 -year review of Crab Rationalization and beginning the socio - economic analysis required to properly assess historical rights for crewmen as vessel operators with business rights to shares on crab quota vessels that result in incomes that affect Kodiak, Alaska and other communities; and WHEREAS, the Crewmen's Association has also come before both bodies to explain their proposal to reallocate a portion of quota rights to skippers and crewmen (vessel operators) in the form of a pool of shared but not owned `common use' quota that they may take with them onto working vessels; and WHEREAS, these bodies agree that the community, state and regional economy have been negatively affected by the NPFMC and Secretary of Commerce, and Congress leaving behind those historical rights to a fair and equitable share for vessel operato and WHEREAS, a failure to consider these rights and a reallocation of that fair and equitable share to all within the vessel operators category may lead to judicial review, and that such a lawsuit might also enjoin the City and Borough and other communities; and WHEREAS, this and other concerns warrant the NPFMC, Secretary and Congress addressing this issue before any litigation might occur — especially recognizing the failures of Due Process and relaterd procedu a stat to that --- r-- ^�•- • -••�•• and J�i.w►ij ::onc�n,s -- such mat me proper course of immediate action would be to make a Motion to task Council staff for a respective socio - economic analysis and to agenda the Crewmen's Bering Sea Crab Proposal (copy attached); and WHEREAS, regardless of any consensus of the JKFAC, the City and Borough believe it to be in the best interests of the State of Alaska coastal communities and specifically the `balanced' interests of Kodiak fishermen, processors, businesses and residents, for us to support such a motion; WHEREAS, the leading component required for remedy is to deal with the Crewmen's Proposal; may it NOW, THEREFORE, BE IT RESOLVED by the Council/Assembly of the City/Borough of Kodiak, Alaska, that both bodies ask the NPFMC Council members to introduce, second, and lend majority support to such Motion placing the Crewmen's Proposal on the federal Council's agenda and beginning thorough analysis at the earliest date possible; and BE IT FURTHER RESOLVED that the Council/Assembly hereby requests that said motion be made at the Council before further discussions on crab shares ( "A ", `B" and "C") and the 90/10 split issues proceed further, so that the rights of all vessel operators in the crab fisheries off Alaska's Bering Sea and related coastal communities' interests may be properly addressed in light of the effects (so far, negative) to date, and consider changes to ensure potential benefits (maximizes multiplier benefits) to the State, Kodiak, and region by enhancing crew-based ( fishermen) incomes that provide these direct, indirect and induced benefits. North Pacific Fishery Management Council Eric A. Olson, Chairman Chris Oliver, Executive Director Telephone: (907) 271 -2809 Committee/Panel Advisory Panel Scientific and Statistical Committee Enforcement Committee Ecosystem Committee Visit our website: www.fakr.noaa.gov /npfmc DRAFT AGENDA 185th Plenary Session North Pacific Fishery Management Council December 5 -11, 2007 Hilton Hotel Anchorage, Alaska 1 605 W 4 Avenue, Suite 306 Anchorage, AK 99501 -2252 Fax: (907) 271 -2817 Beginning Dec 3 -8, Mon - 8:OOam - Dillingham/Katmai Dec 3 -5, Mon – 8:OOam - Birch/Willow Dec 4, Tue - 9am - 12pm - Illiamna Room Dec 4, Tue - 1pm - 4pm - Illiamna Room November 9, 2007 The North Pacific Fishery Management Council will meet December 5 -11, 2007 at the Hilton Hotel, 500 West 3 Avenue, Aleutian Room, Anchorage, AK. Other meetings to be held during the week are: All meetings are open to the public, except executive sessions of the Council. Other committee and workgroup meetings may be scheduled on short notice during the week, and will be posted at the hotel. INFORMATION FOR PERSONS WISHING TO PROVIDE PUBLIC COMMENTS Sign -up sheets are available at the registration table for those wishing to provide public comments on a specific agenda item. Sign -up must be completed before public comment begins on that agenda item. Additional names are generally not accepted after public comment has begun. Submission of Written Comments. Written comments and materials to be included in Council meeting notebooks must be received at the Council office by 5:00 pm (Alaska Time) on November 28, 2007. Written and oral comments should include a statement of the source and date of information provided as well as a brief description of the background and interests of the person(s) submitting the statement. Comments can be sent by mail or fax— please do not submit comments by e-mail. It is the submitter's responsibility to provide an adequate number of copies of comments after the deadline. Materials provided during the meeting for distribution to Council members should be provided to the Council secretary. A minimum of 25 copies is needed to ensure that Council members, the executive director, NOAA General Counsel, appropriate staff, and the official meeting record each receive a copy. If copies are to be made available for the Advisory Panel (28), Scientific and Statistical Committee (18), or the public after the pre - meeting deadline, they must also be provided by the submitter. FOR THOSE WISHING TO TESTIFY BEFORE THE ADVISORY PANEL The Advisory Panel has revised its operating guidelines to incorporate a strict time management approach to its meetings. Rules for testimony before the Advisory Panel have been developed which are similar to those used by the Council. Members of the public wishing to testify before the AP must sign up on the list for each topic listed on the agenda. Sign -up sheets are provided in a special notebook located at the back of the room. The deadline for registering to testify is when the agenda topic comes before the AP. The time available for individual and group testimony will be based on the number registered and determined by the AP Chairman. The AP may not take public testimony on items for which they will not be making recommendations to the Council. FOR THOSE WISHING TO TESTIFY BEFORE THE SCIENTIFIC AND STATISTICAL COMMITTEE The usual practice is for the SSC to call for public comment immediately following the staff presentation on each agenda item. In addition, the SSC will designate a time, normallyat the beginning of the afternoon session on the first day of the SSC meeting, when members of the public will have the opportunity to present testimony on any agenda item. The Committee will discourage testimony that does not directly address the technical issues of concern to the SSC, and presentations lasting more than ten minutes will require prior approval from the Chair. ABC Acceptable Biological Catch AP Advisory Panel ADFG Alaska Dept. of Fish and Game BSAI Bering Sea and Aleutian Islands CDQ Community Development Quota CVOA Catcher Vessel Operational Area EAM Ecosystem Approach to Management EA /RIR Environmental Assessment /Regulatory Impact Review EEZ Exclusive Economic Zone EFH Essential Fish Habitat ESA Endangered Species Act FEP Fishery Ecosystem Plan FMP Fishery Management Plan GHL Guideline Harvest Level GOA Gulf of Alaska HAPC Habitat Areas of Particular Concern IFQ Individual Fishing Quota IPHC International Pacific Halibut Commission IRFA Initial Regulatory Flexibility Analysis IRIU Improved Retention /Improved Utilization ITAC Initial Total Allowable Catch LAMP Local Area Management Plan LLP License Limitation Program MSFCMA Magnuson- Stevens Fishery Conservation and Management Act MM PA Marine Mammal Protection Act MRA Maximum Retainable Amount MSY Maximum Sustainable Yield COMMONLY USED ACRONYMS 2 mt NMFS NOAA N PFM C OY POP PSC SAFE SSC SSL TAC USFWS VIP Metric tons National Marine Fisheries Service National Oceanic & Atmospheric Adm. North Pacific Fishery Management Council Optimum Yield Pacific ocean perch Prohibited Species Catch Stock Assessment and Fishery Evaluation Document Scientific and Statistical Committee Steller Sea Lion Total Allowable Catch United States Fish & Wildlife Service Vessel Incentive Program A. CALL MEETING TO ORDER (a) Approval of Agenda (b) Approval of Minutes DRAFT AGENDA 185th Plenary Session North Pacific Fishery Management Council December 5 -11, 2007 B. REPORTS B -1 Executive Director's Report B -2 NMFS Management Report (including update on National Bycatch Report, update on 2C rulemaking, report on crab loan program, report on constructive loss issues, Restricted Access Management Division report on crab program) B -3 USCG Report B-4 ADF &G Report (including a report on BOF actions, subsistence halibut survey) B -5 USFWS Report B -6 Protected Species Report (including 2007 SSL survey results, IWG seabird deterrence EFP, update on SSL Recovery Plan/BiOp/EIS schedule) C. NEW OR CONTINUING BUSINESS C -1 Charter Halibut Management (a) Committee report on longterm solutions and allocation/reallocation. (b) Review progress on Charter Halibut Allocation/Reallocation and provide direction/refine alternative as necessary. C -2 BSAI Crab Issues (a) Preliminary review on BSAI `C' Share active participation. (b) Final action on BSAI Crab `C' share 90/10 exemption. (c) Final action on BSAI Crab custom processing. (d) Final action on BSAI Crab post - delivery transfers. (e) Review workplan on BSAI Crab 3 year review, action as necessary. C -3 GOA Groundfish Issues (a) Progress report on GOA P. cod sector split, direction as necessary. (b) Review discussion paper on GOA sideboards; action as necessary. (c) Final action on GOA pollock trip limit. (d) Final action on CGOA rockfish post - delivery transfers. C -4 LLP Trawl Recency Initial review of EA /RIR/IRFA on alternatives to address modifications to LLP requirements C -5 Amendment 80 Initial review of Amendment 80 post - delivery transfers and rollovers. C -6 Observer Program Initial review Observer Program regulation package. C -7 AFA Permit Application Receive public comment and formulate Council recommendation on Adak Fisheries application for an unrestricted AFA inshore processor permit and formulate Council recommendations. S: \4GALL\ADEC07 \12 -07 Agenda & Schedule.wpd 3 November 9, 2007 Estimated Hours (6 hrs) (6 hrs) (10 hrs) (8 hrs) (6 hrs) (2 hrs) (2 hrs) (2 hrs) D. FISHERY MANAGEMENT PLANS D -1 Groundfish Management (a) BSAI Salmon Workgroup report, review NOI and refine alternatives. (b) Discussion paper on VMS exemption for dinglebar gear. (c) Review discussion paper `Other Species'; Non - target Committee Report. (d) SIR on specification EIS, action as necessary. (e) Final action on groundfish specifications and SAFE reports. (f) Review discussion paper on GOA salmon and crab bycatch. D -2 Crab Overfishing Definitions (a) Final action on BSAI crab overfishing definitions. D -3 Ecosystem Issues (a) Update on outreach efforts for Arctic FMP (c) Alaska Regional Collaborative Team report. D-4 Staff Tasking (a) Review Committees and tasking, and take action as necessary. (b) Review broader (PSEIS) community outreach plan and actions pursuant to the NMFS Policy on stakeholder participation (pursuant to GAO report). D -4 Other Business S: \4GAIL\ADEC07 \12 -07 Agenda & Schedule.wpd 4 (8 hrs) (4 hrs) Total Agenda Hours: 56 hours Draft Agenda Schedule North Pacific Fishery Management Council Hilton Hotel DECEMBER 2007 S: \4GAIL\ADECO7 \12 -07 Agenda & Schedule.wpd 5 SSC Birch/Willow Room AP DillMIngham/Katmai Council Aleutian Room Monday, Dec 3 8:OOam C -4 LLP Trawl Recency C -5 Amendment 80 8:OOam C -1 Charter Halibut I :OOpm C -6 Observer Program D -2 Crab Overfishing D- 1(d,e) Groundfish Mgt 1:OOpm C -1 Charter Halibut C -2 BSAI Crab Issues Tuesday, Dec 4 Enforcement Committee - 9am -12pm - !Mama Room Ecosystem Committee - 1pm -4pm - Illiamna Room 8:OOam Review draft minutes 9:OOam D -1(d ,e) continued 8:O0am C -2 BSAI Crab continued 1:OOpm D -1(d ,e) continued 1:OOpm C -2 continued Wednesday, Dec 5 8:O0am Review draft minutes 9:OOam B -6 (IWG EFP, 4E method) 10:OOam D -1(d ,e) continued 8:OOam D -2 Crab Overfishing C -3 GOA Groundfish Issues 8:OOam B Reports I:OOpm continue as necessary 1:OOpm C -3 GOA Groundfish continued 1:OOpm B Reports continued C -1 Charter Halibut Thursday, Dec 6 8:OOam C -3 continued C -4 LLP Recency 8:OOam C -1 continued 1:OOpm C-4 continued C -5 Amendment 80 1:OOpm C -1 continued D -2 Crab Overfishing C -2 BSAI Crab Issues Friday, Dec 7 8:OOam C -6 Observer Program D -1 Groundfish Management 8:O0am C -2 continued 12:OOpm Executive Session 1:OOpm D -1 continued 1 :OOpm C -2 continued D -3(a) Arctic FMP update Breakdown room 5pm Saturday, Dec 8 8:OOam D -1 continued 8:OOam C -5 Amendment 80 C -3 GOA Groundfish Issues Breakdown room 5pm 1:OOpm D-4 Staff Tasking Breakdown room 4pm 1:OOpm C -3 continued Sunday, Dec 9 8:OOam C-4 LLP Recency 1:OOpm C -4 continued C -6 Observer Program Monday, Dec 10 AK Young Fishermen's Summit Reception (pm) 8:OOam D -1 Groundfish Management 1:OOpm D -I continued Tuesday, Dec 11 8:OOam C -7 AFA Permit Application D -3 (b,c) Ecosystem Issues D-4 Staff Tasking 1:OOpm Continue as necessary NOTE: The above agenda items may not be taken in the order in which they appear and are subject to change as necessary. A11 meetings are open to the public with the exception of Council Executive Sessions. Draft Agenda Schedule North Pacific Fishery Management Council Hilton Hotel DECEMBER 2007 S: \4GAIL\ADECO7 \12 -07 Agenda & Schedule.wpd 5