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001 1 KODIAK/ALEUTIANS FEDERAL SUBSISTENCE 2 REGION ADVISORY COUNCIL 3 4 February 25, 1997 - 9:00 A.M

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001 1 KODIAK/ALEUTIANS FEDERAL SUBSISTENCE 2 REGION ADVISORY COUNCIL 3 4 February 25, 1997 - 9:00 A.M 001 1 KODIAK/ALEUTIANS FEDERAL SUBSISTENCE 2 REGION ADVISORY COUNCIL 3 4 February 25, 1997 - 9:00 a.m. 5 6 Kodiak Borough Assembly Chambers 7 Kodiak, Alaska 8 9 VOLUME I 10 11 12 Members present: 13 14 Mark E. Olsen, Chairman 15 Alfred B. Cratty, Jr., Vice Chairman 16 Gilda M. Shellikoff, Secretary 17 Randy Christensen 18 Melvin Smith 19 Ivan D. Lukin 20 21 Cliff Edenshaw, Coordinator 002 1 P R O C E E D I N G S 2 3 CHAIRMAN OLSEN: Good morning, at this time we would 4 like to call this meeting to order, if you will, please. I 5 know we're running just a hair behind but we're also trying to 6 catch up on a few other things as we start here. We will be 7 having on air here with the radio station at 10:00 o'clock, so 8 we need to move ahead here and get these preliminaries out of 9 our way here. 10 11 First of all I'd like to have Gilda call roll, please. 12 13 MS. SHELLIKOFF: Okay. Mark Olsen. 14 15 CHAIRMAN OLSEN: Here. 16 17 MS. SHELLIKOFF: Vince Tutiakoff. 18 19 (No response) 20 21 MS. SHELLIKOFF: Alfred Cratty. 22 23 (No response) 24 25 MS. SHELLIKOFF: Thomas Everitt. 26 27 (No response) 28 29 MS. SHELLIKOFF: Ivan Lukin. 30 31 MR. LUKIN: Here. 32 33 MS. SHELLIKOFF: Gilda Shellikoff is here. Randy 34 Christensen. 35 36 MR. CHRISTENSEN: Here. 37 38 MS. SHELLIKOFF: Patrick Kozoloff. 39 40 (No response) 41 42 MS. SHELLIKOFF: Melvin Smith. 43 44 MR. SMITH: Here. 45 46 CHAIRMAN OLSEN: I did have word that Al was departing 47 Old Harbor at 9:00 this morning, he couldn't get out last night 48 due to the weather but he should be joining us here soon. 49 50 MS. SHELLIKOFF: So we do have a quorum. 003 1 CHAIRMAN OLSEN: Thank you, Gilda. I would like to 2 take this time to introduce, I guess we pretty much have a lot 3 of folks here that all know each other, but for those that 4 don't, certainly we have Cliff Edenshaw, Coordinator for the 5 Kodiak/Aleutian Regional; Joe Kolasinski, did I get that right? 6 7 MR. KOLASINSKI: All right. Thank you. 8 9 CHAIRMAN OLSEN: Thank you. The reporter; Tom Eley, 10 staff with the Fish and Wildlife; Ida Hildebrand with the BIA 11 for the Federal Board; Greg Siekienic, the Izembek Refuge 12 Manager; Robert Willis, Fish and Wildlife Biologist; Rachel 13 Mason, the U.S. Fish and Wildlife Anthropologist; Craig Mishler 14 with the ADF&G, am I correct? 15 16 MR. MISHLER: (No audible response) 17 18 CHAIRMAN OLSEN: Robert Stovall with the U.S. Fish and 19 Wildlife here in Kodiak, the Subsistence Division; and we've 20 got our chief of planning and public involvement, Taylor 21 Brelsford from the Anchorage office. Did I miss somebody that 22 I'm not aware of? So anyway, welcome to you folks here this 23 morning, I'm sure that we are going to get some feed back here 24 as the day moves on. 25 26 We have next here the review and adoption of the 27 agenda. 28 29 MR. CHRISTENSEN: Move to adopt. 30 31 MS. SHELLIKOFF: Second. 32 33 CHAIRMAN OLSEN: It's been moved and seconded. Those 34 in favor, aye. 35 36 IN UNISON: Aye. 37 38 CHAIRMAN OLSEN: Opposed the same. 39 40 (No opposing responses) 41 42 CHAIRMAN OLSEN: The agenda adoption is adopted. The 43 minutes of September 17th and 18th of our meeting in Sand 44 Point, have you all had a chance to go over those? 45 46 MS. SHELLIKOFF: I'll move to adopt the minutes. 47 48 MR. CHRISTENSEN: Second. 49 50 CHAIRMAN OLSEN: Moved and seconded. Those in favor, 004 1 aye. 2 3 IN UNISON: Aye. 4 5 CHAIRMAN OLSEN: Those opposed. 6 7 (No opposing responses) 8 9 CHAIRMAN OLSEN: Moved. Here we have an open floor for 10 public comments on the Federal Subsistence Management Program. 11 This will be kind of continuing throughout the meeting. 12 However, as I had mentioned, we will be taking on air calls 13 here starting at 10:00 o'clock this morning, which will be 14 covering a few overviews on both the subsistence and the 15 regional draft proposals and along with the elk proposals that 16 we have had on the table for some years now, basically since 17 inception. So I guess at this time we'll just have an open 18 floor for public comments. 19 20 (Pause) 21 22 CHAIRMAN OLSEN: Hearing none at this time here we will 23 go into old business. I see here first here is the 24 implementation of the Federal Subsistence Management update. 25 Taylor, did you want to kind of start on that now or..... 26 27 MR. BRELSFORD: Thank you, Mr. Chairman, since we have 28 some extra time perhaps we could go ahead with the portion of 29 the presentation concerning the environmental impacts of 30 extending Federal jurisdiction into subsistence fisheries. 31 This was the part I mentioned to you that had some overheads, 32 so it's going to be a little tough to do on the radio, but we 33 should be able to wrap that up before 10:00 o'clock when the 34 radio folks would be here. 35 36 CHAIRMAN OLSEN: That would be great with me. 37 38 MR. BRELSFORD: Then we could make use of the time and 39 move on through the agenda. 40 41 CHAIRMAN OLSEN: Yes, please do. 42 43 MR. BRELSFORD: Okay. These are the two items that I'm 44 going to be using so, (indiscernible - away from microphone 45 passing out paperwork). 46 47 Mr. Chairman, this is found at Tab P for you. The 48 overheads on the top and some of the speaker's notes are found 49 just below. There are a few additions and deletions, we 50 thought we'd actually use an example from the Kodiak/Aleutians 005 1 area not from the Seward Peninsula for this region. 2 3 So the purpose of this presentation is to talk with you 4 about the court ordered extension of jurisdiction by the 5 Federal Subsistence Board into certain waters for certain 6 subsistence fisheries. And we have two things going on, part 7 of it will be regarding the environmental impact and another 8 part will do in a few minute on the radio, will concern the 9 proposed rule or a very early draft version of subsistence 10 fishing regulations under the Federal Subsistence Program. 11 12 I'd like to point out that the environmental assessment 13 portion of the environmental review is intended as information 14 only, there's no action required on the part of the Council, no 15 comment deadline. It's basically so we don't hit you cold with 16 the final product sometime in the summer. It's kind of, you 17 know, and early insight into the status of this environmental 18 investigation. 19 20 In contrast, the second item concerning preliminary 21 draft proposed rule that we'll do later on the radio, that is a 22 discussion item and we're soliciting comments from the 23 Councils. The cover letter that you have in your packet 24 actually refers to a March 3rd deadline, so we will have a very 25 high interest in the comments that the Council might make on 26 those proposed regulations and in the comments from the public 27 from the radio presentation. 28 29 I'd like to start by sort of situating this a little 30 bit with a couple of key milestones, much of this is familiar 31 to you. We've tried to sort of do this in steps rather than 32 all in a one time presentation, but the Federal expansion, 33 extension of jurisdiction into subsistence fisheries begins as 34 a result of the Ninth Circuit Court decision in a case known as 35 the Katie John case. 36 37 It started in the Copper River Basin, it concerns an 38 Ahtna elder and originally it was filed under State subsistence 39 programs, it has to do with providing for a traditional 40 subsistence fishery in the Upper Copper River Basin. But it 41 posed a very important question of law for the Federal 42 Subsistence Program, and that question was when ANILCA says the 43 Federal government will provide for a subsistence priority on 44 Federal public lands does that include waters? And the answer, 45 ultimately, is certain waters. I'll talk a bit more with a map 46 in a second. Certain waters are part of Federal public lands 47 and they should properly be under the jurisdiction of the 48 Federal Subsistence Board. 49 50 That decision, the Ninth Circuit Court decision was 006 1 actually taken up for possible appeal by the Supreme Court and 2 the Supreme Court declined to hear that case, so this is the 3 highest ruling of law, the Ninth Circuit Court decision on the 4 Katie John case is the exhaustion of the legal interpretation, 5 that's standing law for our program. We're directed by the 6 court to extend jurisdictions. 7 8 These are terribly complex and terribly controversial 9 issues, they raise very important questions of states' rights, 10 of the possibility of confusion in fishery management between 11 commercial fisheries and subsistence fisheries and so on.
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