HomeMy WebLinkAbout12032020 City Council Special Meeting Packet Seward City Council
Agenda Packet
•
Special City Council Meeting
Thursday, December 3, 2020
Council Chambers, City Hall
12:00 p.m.
PUBLIC NOTICE
TEMPORARY PROCESS FOR
CITIZEN COMMENTS AT DECEMBER 3, 2020
SEWARD CITY COUNCIL SPECIAL MEETING
The Seward City Council will hold a Virtual Special Meeting on Thursday, December 3, 2020.
Because the City of Seward is currently experiencing a declared public health emergency due to
Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and
Public Hearing Testimony has been created.
How To Submit Your CITIZEN COMMENTS
1. Email your WRITTEN comments to clerkkcityofseward.net no later than 5:00 p.m. on
Wednesday, December 2, 2020.
• Identify whether you want your comments READ ALOUD at the meeting or EMAILED
to council upon receipt. In response to your email, you should expect to receive a
verification email from the clerk confirming the method of delivery — if you do not
receive this email,please call the clerk at 224-4045.
• Comments requested to be read aloud will be delivered verbally to council by the City
Clerk at the appropriate time during the meeting.
2. If you wish to be called on the telephone during the meeting to provide your comments
TELEPHONICALLY, send an email request to the City Clerk along with your contact
information to clerkLcityofseward.net, including your full name and the telephone number
you wish to have called.
• The clerk must receive your request no later than 5:00 p.m. on Wednesday, December 2,
2020.
• Identify whether you wish to be called during the FIRST or SECOND citizen comment
period, or both.
• If you wish to be contacted for the first Citizen Comment period, please be prepared to
answer your phone starting at 12:00 p.m.
• If you wish to be contacted for the second Citizen Comment period, there is no estimate
of time to expect the call. In response to your email, you should expect to receive a
verification email from the clerk—if you do not receive this email, please call the clerk at
224-4045.
• All Citizen Comments will be timed and limited to three minutes (first period) or five
minutes (second period). The telephone number will be called ONE time; if there is no
answer, the clerk will move on to the next citizen.
THERE WILL BE NO IN PERSON COMMENTS FOR THIS MEETING.
How To Virtually ATTEND The Meeting
1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type
"City of Seward Alaska" into the search bar.
2. Listen on the radio. Tune to KIBH-FM 91.7
3. Watch on television. Tune into GCI Cable Channel 9.
SPECIAL MEETING REQUEST
Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice
calling a Special City Council Meeting on Thursday, December 3, 2020 at 12:00
p.m. for the purpose of.
Fishery Management Plan for the Salmon Fisheries
in the EEZ Off Alaska
The meeting will commence in the City Council Chambers, City Hall, 410 Adams
Street, Seward. All interested persons are invited to attend the meetings.
This special meeting was scheduled by city council
at the November 23, 2020 city council meeting.
Upon this request the City Clerk will give due and proper notice as required by SCC
2.10.032
(No business shall be transacted other than stated above.)
SPECIAL MEETING NOTICE
Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice
calling a Special City Council Meeting on Thursday, December 3, 2020 at 12:00
p.m. for the purpose of
Fishery Management Plan for the Salmon Fisheries
in the EEZ Off Alaska
The meeting will commence in the City Council Chambers, City Hall, 410 Adams
Street, Seward. All interested persons are invited to attend the meetings.
Posted: Wednesday, November 25, 2020
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
Seward Community Library Museum
Published: Seward Journal, City Calendar, November 25 & December 2, 2020
The City of Seward, Alaska
Special City Council Meeting
Thursday, December 3, 2020 12:00 p.m.
Christy Terry 1. CALL TO ORDER
Mayor
Term Expires 2022 2. PLEDGE OF ALLEGIANCE
Tony Baclaan 3. ROLL CALL
Vice Mayor
Term Expires 2022 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING
Sue McClure [Those who have signed in will be given the first opportunity to speak. Time
Council Member
is limited to 3 minutes per speaker and 36 minutes total speaking time for this
agenda item.]
Term Expires 2023
5. APPROVAL OF AGENDA AND CONSENT AGENDA
Sharyl Seese [Approval of Consent Agenda passes all routine items indicated by asterisk
Council Member (*). Consent Agenda items are not considered separately unless a council
Term Expires 2021 member so requests. In the event of such a request, the item is returned to
the Regular Agenda]
John Osenga 6. NEW BUSINESS
Council Member A. Resolutions
Term Expires 2021 1. Resolution 2020-092, Opposing Proposed Alternative 4
To The North Pacific Fishery Management Council That
Liz DeMoss Would Close All Federal Waters In Cook Inlet To
Council Member Commercial Salmon Fishin
Term Expires 2023 g. ............................... Pg. 2
a. Kenai Peninsula Economic Development District
Letter ........................................................ Pg. 4
Council
C Member
da b. Charles McEldowney Email ..................... Pg. 5
Council Member C. Bryan Hawkins Email ...................... .. .. . P. g. 11
Term Expires 2022 d. City of Kenai Resolution Opposing Alternative
4 ................................................................ Pg. 15
e. United Fishermen of Alaska Email ........... Pg. 19
f. Senator Peter Micciche Letter ................... Pg. 23
g. Alaska Salmon Alliance Letter ................. Pg. 25
Norm Regis h. C2 Cook Inlet Salmon Final Action Memo
Acting City Manager November/December 2020 ....................... Pg. 28
Brenda Ballou 7. CITIZEN COMMENTS[There is no sign in for this commentperiod.
City Clerk Time is limited to five(5) minutes per speaker.]
Brooks Chandler 8. COUNCIL AND ADMINISTRATION COMMENTS &
City Attorney RESPONSE TO CITIZEN COMMENTS
9. ADJOURNMENT
City of Seward, Alaska Council Agenda
December 3, 2020 Page I
Sponsored by: Regis
CITY OF SEWARD,ALASKA
RESOLUTION 2020-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, OPPOSING PROPOSED ALTERNATIVE 4 TO THE NORTH
PACIFIC FISHERY MANAGEMENT COUNCIL THAT WOULD CLOSE
ALL FEDERAL WATERS IN COOK INLET TO COMMERCIAL SALMON
FISHING
WHEREAS, the North Pacific Fishery Management Council developed the Fishery
Management Plan(FMP)for Salmon Fisheries in the EEZ Off Alaska(FMP)that manages salmon
fisheries in the United States Exclusive Economic Zone(EEZ; 3 nautical miles to 200 nautical miles
offshore of Alaska); and
WHEREAS, pursuant to a United States Ninth Circuit Court of Appeals ruling, after
successful litigation brought by Cook Inlet Commercial Fisherman and Seafood Processers, the
North Pacific Fisheries Management Council must amend the FMP to bring it in line with the Ninth
Circuit Court's decision; and
WHEREAS,the North Pacific Fisheries Management Council is considering the following
four alternative amendments to the FMP:
1. Alternative 1 is status quo or no action,deferring management to the State of Alaska
by excluding the traditional net fishing area in Cook Inlet EEZ from the FMP(the Ninth
Circuit Court ruling makes this alternative "untenable" according to the authors of the
Public Review Draft Environmental Assessment/Regulatory Impact Review for Proposed
Alternative XX to the Fisheries Management Plan for the Salmon Fisheries in the EEZ
Off Alaska);
2. Alternative 2 would establish federal management of the commercial salmon fishery
in Cook Inlet with management of the commercial fishery delegated to the State of
Alaska in accordance with the Magnuson Stevens Act and other applicable federal law;
3. Alternative 3 would establish Federal management of the commercial salmon fishery
in Cook Inlet with the North Pacific Fishery Management Council and national Marine
Fisheries Service without delegation of management to the State of Alaska;
4. Alternative 4 would effectively close all federal waters in Cook Inlet to commercial
salmon fishing; and
WHEREAS,Alternative 4 proposed by the State of Alaska ADF&G Deputy Commissioner
at the North Pacific Fisheries Management Councils October 12, 2020 meeting after closure of
public comment is not a science-based decision,but instead according to the United Cook Inlet Drift
2
CITY OF SEWARD,ALASKA
RESOLUTION 2020-092
Association, is a punitive decision for bringing the lawsuit, and rather than constituting a
management plan consistent with sound fishery management and applicable federal regulations
simply short circuit the Courts decision and intent of the Magnuson Stevens Act and IMP by
eliminating the fishery altogether; and
WHEREAS,if Alternate 4 were adopted by the North Pacific Fishery Management Council,
it would close the area of fishing where most of the Cook Inlet Drift Fleet harvest occurs,effectively
eliminating the economic viability of the fishery and viability of seafood processers; and
WHEREAS,the loss of the drift gillnet fishery in Cook Inlet would cause severe job loss,
loss of capital investments in the fishery and support businesses, and could impact other fisheries if
local processing capacity is lost or reduced; and
WHEREAS,a 2015 report published by the McDowell group titled"The Economic Impact
of the Seafood Industry in Southcentral Alaska" reported that the seafood industry in the reporting
region directly employs over 10,000 people seasonally and had an economic output of$1.2 billion;
and
WHEREAS, the City recognizes that the drift gillnet fleet, like other fisheries users, is a
critical component of the city,positively contributing to the City's history,culture and economy; and
WHEREAS, the City opposes adoption by North Pacific Fishery Management Council of
Alternative 4 which effectively end the Cook Inlet Drift Net Fishery and cause severe economic
impact and harm to the City.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA that:
Section 1. The Seward City Council hereby opposes the North Pacific Fishery Management
Council's Alternative 4.
Section 2. The city manager will provide a copy of this resolution to the North Pacific
Fishery Management Council as public comment for consideration at its December meeting.
Section 2. This Resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this P day
of December 2020.
3
14896 Kenai Spur Highway, Suite 103-A • Kenai, AK 99611
Phone: (907) 283-3335 • Fax: (907) 283-3913
www.kpedd.org
Leadership to enhance,foster and promote economic development
November 18,2020
North Pacific Fishery Management Council
1007 West Yd Ave., Suite 400
Anchorage, AK 99501
Re: Support for the Cook Inlet Commercial Fishery
The Kenai Peninsula Economic Development District is a regional non-government agency
tasked with economic development for the Kenai Peninsula Borough region. We work diligently
to support the industries that make up our diverse economy and foster sustainable development
projects. As you are likely aware, salmon is the major economic driver in the region's seafood
industry, accounting for 85%of the total wholesale value. Our region, like many others, have
also been deeply impacted by the COVID-19 pandemic,which has affected nearly every
business on the Kenai Peninsula.Now is not the time to eliminate a critical industry in our
communities.
As the Executive Director of the Kenai Peninsula Economic Development District, I urge you to
eliminate Alternative 4 from the Cook Inlet Fishery management options. Alternative 4, closing
of all federal waters in Cook Inlet to commercial fishing, would effectively close our fishery.We
ask.that you apply best management practices to the entire fishery.
If you have any questions, please don't hesitate to contact me. Thank you for your time and
consideration.
Respectfully,
Tim D n
Executive Director
Kenai Peninsula Economic Development District
Tima,kpcdd.org
907-242-9709
Alaska Regional Development Organization(ARDOR) . t Economic Development District(EDD)
The State of Alaska Department of Commerce,Community The U.S.Department of Commerce,Economic
and Economic Development certified KPEDD as an 4 *. .' Development Administration(EDA)recognized KPEDD
__ ARDOR in 1989. as an Economic Development District in 1988.
Brenda Ballou
From: Charles Mceldowney <chariesmceldowneyl234@gmail.com>
Sent: Sunday, November 22, 2020 2:35 PM
To: Brenda Ballou
Subject: Fwd: **SETNET FISHERMEN —URGENT ACTION ALERT**
Attachments: SETNET ACTION ALERT-NPFMC .pdf
External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dear Brenda Ballou
I am not sure what the process is to get the members of City council information therefore I am forwarding the
email attached in hopes that you can help me with that process.
I hope to speak at Monday's (todays- 11/23/20) meeting if possible to ask council members to weigh in on this
issue and to ask if the city manager office or city council as a whole can send comments.
The issue is this:
On Dec 4th the North Pacific Fisheries Management Council will be voting on the Cook Inlet Fisheries
management plan details. There are 4 alternatives that have been proposed. Alternative 4 would basically shut
down commercial fishing in upper Cook Inlet.
That is not only would that mean loss of jobs for fishermen and processors but it would also mean loss of fish
tax coming to the City of Seward for all those fish processed at Ocean Beauty- Icicle, ( formerly Icicle
Seafoods, Seward fisheries).
The two page attaclunent explains pretty well.
Please let me know what I need to do to get this information to the council and how I sign up to speak at a
meeting assuming it is all virtual.
Charles McEldowney
Home 224-3395
Cell 362-1607
From: Ted Crookston<tedcrookston a,me.com>
Date: November 20, 2020 at 5:42:42 PM AKST
To: Ted Crookston <tedcrookston@me.com>
Subject: **SETNET FISHERMEN—URGENT ACTION ALERT**
This message originated from outside your organization.
Hello fisher friends,
This is Ted Crookston.
By the way, I have now joined the KPFA Board of Directors.
1
5
In conjunction with and approved by Andy Hall and Ken Coleman, KPFA
leadership, I have created this today and while waiting to get it distributed out via
the KPFA emailing list I ain sending it out to all personal contacts that I have. It
has a very short response window and it is extremely important that you read and
act on this ASAP. IT IS FAST AND EASY TO DO.
You will see it again, perhaps several times once it gets posted to the KPFA email
list.
PLEASE, READ AND RESPOND AND PASS IT AROUND ANY AND
EVERY WAY YOU CAN.
ALL INTERESTED PERSONS AND OR PARTIES CAN POST COMMENTS
SETNET FISHERMEN URGENT
ACTION ALERT
Give Immediate Attention & Response
The State of Alaska through the Dunleavy Administration and
current ADFG Commissioner are attempting to effectively close
the commercial salmon fishery in Cook Inlet at the December 4-
11, 2020 NPFMC meeting.
RESPONSE IS EASY— CAN BE SUBMITTED IN JUST A
FEW MINUTES
COMMENT DEADLINE IS SOON —NOV. 27
After a disastrous 2020 salmon season,the commercial salmon fishing industry in Cook
Inlet is now facing an even greater threat to its long-term existence. We need every
fisherman and their family and crew to immediately submit comments to the North
Pacific Fishery Management Council (NPFMC).
CLICK LINK SHOWN BELOW—The comment portal below is open on the NPFMC
website.
hops:/Imeetings.npfinc.ora/Meetin ./Details/1745
Scroll down agenda to ITEM C2
Click on"COMMENT NOW"field
Click"View Comments" Tab to read others' comments.
Click"Comment"Tab to record your own comments
2
6
PRIMARY COMMENTS MESSAGE NEEDS TO CONTAIN THESE POINTS.
ADD MORE COMMENTS IF/AS DESIRED. Copy and paste these points if you
choose.
•APPROVE ALTERNATIVE 2 WITH AMMENDMENTS TO COMPLY WITH
MAGNUSON-STEVENS ACT NATIONAL STANDARDS AS REQUIRED BY
LAW.
•REJECT ALTERNATIVE 4 ENTIRELY.THIS WAS UNETHICALLY LATE
SUBMITTED,IS UNVETTED,AND WOULD COLLAPSE THE
LONGSTANDING VIABLE COOK INLET SALMON FISHERY IN DIRECT
OPPOSITION TO THE REQUIREMENTS OF THE MAGNUSON-STEVENS
ACT, COMMON SENSE,AND THE BENEFIT AND SUSTAINABLILTY OF
THE LOCAL COMMUNITIES AND ECONOMIES.
As of Friday November 20, there are only 22 comments! We should have 100s. Please
comment and ask everyone you can to do likewise.The deadline for public comments is
November 27 at 5pm. Multiple people may sign onto a single comment.
** We need to flood the comment section opposing Alternative 4
and supporting a modified version of Alternative 2 **
***PLEASE SEE ATTACHED PDF DOCUMENT
FOR ADDITIONAL DETAIL AND BACKGROUND INFO***
Spam
Phish/Fraud
Not spam
Forget previous vote
3
7
i
SETNET FISHERMEN—URGENT ACTION ALERT
Give Immediate Attention & Response
The State of Alaska through the Dunleavy Administration and current ADFG
Commissioner are attempting to effectively close the commercial salmon fishery
in Cook Inlet at the December 4.11, 2020 NPFMC meeting.
RESPONSE IS EASY — CAN BE SUBMITTED IN JUST A FEW MINUTES
COMMENT DEADLINE IS SOON — NOV. 27
After a disastrous 2020 salmon season,the commercial salmon fishing industry in Cook Inlet is now
facing an even greater threat to its long-term existence.We need every fisherman and their family and
crew to immediately submit comments to the North Pacific Fishery Management Council(NPFMC).
CLICK LINK SHOWN BELOW--The comment portal below is open on the NPFMC website.
https;//meetings.npfmc.org/Meeting/Details/1745
Scroll down agenda to ITEM C2
Click on"COMMENT NOW"field
Click"View Comments"Tab to read others'comments.
Click"Comment"Tab to record your own comments
PRIMARY COMMENTS MESSAGE NEEDS TO CONTAIN THESE POINTS.ADD MORE COMMENTS IF/AS
DESIRED.Copy and paste these points if you choose.
• APPROVE ALTERNATIVE 2 WITH AMMENDMENTS TO COMPLY WITH MAGNUSON-STEVENS ACT
NATIONAL STANDARDS AS REQUIRED BY LAW.
• REJECT ALTERNATIVE 4 ENTIRELY.THIS WAS UNETHICALLY LATE SUBMITTED,IS UNVETTED,AND
WOULD COLLAPSE THE LONGSTANDING VIABLE COOK INLET SALMON FISHERY IN DIRECT OPPOSITION
TO THE REQUIREMENTS OF THE MAGNUSON-STEVENS ACT,COMMON SENSE,AND THE BENEFIT AND
SUSTAINABLILTY OF THE LOCAL COMMUNITIES AND ECONOMIES.
As of Friday November 20,there are only 22 comments! We should have 100s. Please comment and ask
everyone you can to do likewise.The deadline for public comments is November 27 at 5pm. Multiple
people may sign onto a single comment.
** We need to flood the comment section opposing Alternative 4 and
supporting a modified version of Alternative 2
8
These are additional important points, read other people's comment for more ideas.
We want the NPFMC and NMFS to delegate authority to the State of AK to manage the Cook inlet
salmon fishery, but Alternative 2 as written,fails to address the entire fishery as both the Ninth Circuit
Court and the District Court have ordered.
Under Alternative 2, escapement goals for all stocks of salmon, management plans and in-season
management practices must meet the requirements of the Magnuson-Stevens Act(MSA) and the Ten
National Standards.
Background;
Following years of mismanagement of the salmon stocks in Cook Inlet by ADFG and the Board of
Fisheries (BOF), United Cook Inlet Drifters Association (UCIDA) and Cook Inlet Fishermen's Fund (CIFF)
filed a lawsuit requesting that the National Marine Fisheries Service (NMFS),the federal agency in
charge of all anadromous fish species(including salmon),fulfill its federally mandated oversight role in
managing all Cook Inlet salmon stocks.The lawsuit went to the Ninth Circuit court and then all the way
to the US Supreme Court and UCIDA and CIFF won.The courts said that the NMFS must prepare a
fishery management plan (FMP)for the entire Cook Inlet salmon fishery and then the agency could
legally delegate authority to the State of Alaska for in-season management of the fishery.
As a result of that decision by the courts,the NMFS and the North Pacific Fishery Management Council
(Council) and stakeholders have spent 3 years trying to work out the details for an FMP that complies
with the federal law and the court order.The Council is required to take final action on the new FMP in
early December of this year.
The Magnuson-Stevens Act(MSA) is the primary federal law that governs marine fishery management
and provides for optimal exploitation of coastal fishery resources.The MSA has been in existence for
over forty years and is the "gold standard"in sustainable fishery management for the entire nation.The
MSA requires,among others,that fishery resources be managed on the basis of Maximum Sustainable
Yield (MSY) and that FMP's be based on the best available science.
Meeting those requirements in the new court-ordered FMP will require the State of Alaska (ADFG and
BOF)to make fundamental changes in the way they manage the Cook Inlet fishery. Rather than work to
meet the requirements of federal law,the State has decided to take punitive action against the Cook
Inlet commercial fishing industry and is now trying to close most of the area where the Cook Inlet fleet
fishes.
At the last meeting of the Council,on October 121",after all public testimony had been taken,the State
of Alaska,through a deputy ADFG commissioner under direction from the Commissioner, introduced a
4t"Alternative for the Council to consider for the new FMP.Alternative 4 would close all federal waters
in Cook Inlet to commercial fishing. Federal water in Cook Inlet is the southern half of the Inlet, including
almost everything south of Kalgin Island.Though this would not close the ESSN fishery it would be
shortsighted not to consider the certain consequential effects on the ESSN fishery.
If approved by the Council,Alternative 4 would essentially close the entire fishery.South of Kalgin Island
is where most of the drift fleet harvest occurs.This would force all Cook Inlet drift fishermen out of
9
business, and in-turn that would also force the closure of the remaining processing plants and buyers in
Cook Inlet.This,of course, would effectively close the setnet fishery as well.With no buyer/processors
in operation we cannot have a fishery either. The consequences of that action are unfathomable.The
commercial salmon fishery here has been the backbone of the economy for over a hundred years.
Thousands of jobs in the communities of our Borough would be lost,the capital investment in the
fishery and support businesses would be lost and all commercial fisheries would collapse and close
when the buying/processing companies leave the peninsula.
These are the 4 Alternatives that the NPFMC are considering and will
choose one at the December meeting.
Alternative 1: No Action. No amendment to the Salmon FMP.This alternative would maintain status
quo.Alternative 1 is not a viable alternative given the Ninth Circuit decision, however, NEPA requires
that Federal agencies analyze a no action alternative.
Alternative 2: Federal management of the commercial fishery in the EEZ with specific management
measures delegated to the State.Amend the Salmon FMP to include the Cook Inlet EEZ in the FMP's
fishery management unit in the West Area and establish a Federal management regime for these
salmon fisheries that delegates specific management measures to the State of Alaska,to use existing
State salmon management infrastructure, in compliance with the Magnuson-Stevens Act and Ninth
Circuit ruling.Alternative 2 would identify the management measures that would be managed by the
Council and NMFS,the management measures that would be delegated to the State to manage with
Federal oversight, and the process for delegation and oversight of management.
Alternative 3: Federal management of the commercial fishery in the EEZ.Amend the Salmon FMP to
include the Cook Inlet EEZ in the FMP's fishery management unit in the West Area and apply Federal
management to those portions of the fishery that occurs in the EEZ.
Alternative 4: Federal management of the commercial fishery in the EEZ with the EEZ closed to
commercial fishing.Amend the Salmon FMP to include the Cook Inlet EEZ in the FMP's fishery
management unit in the West Area and apply Federal management by extending the existing West Area
prohibition on commercial salmon fishing in the EEZ to the Cook Inlet EEZ. [This is the alternative that
the State of Alaska representatives on the Council introduced at the very last minute.]
Print this out and take it to businesses in your area or email it to them.Send it to Your friends and
neighbors. Put it on Facebook,pass it around.
10
Brenda Ballou
From: Norm Regis
Sent: Monday, November 23, 2020 11.22 AM
To: Brenda Ballou
Subject: FW: Cook Inlet fishery
Attachments: Scanned from a Xerox Multifunction Printer.pdf
FYI
Thank you
Norm Regis
Harbormaster AM PE
j.
Box 167
Seward,Alaska 99664
907-224-3138 ext. 2
n regis @ cityofs ew ard.net<mai Ito:n regi s(cD cityofsewa rd.net>
Your work is going to fill a large part of your life,and the only way to be truly satisfied is to do what you believe is great work.And
the only way to do great work is to love what you do."
Steve lobs
From: Bryan Hawkins<BHawkins@ci.homer.ak.us>
Sent: Monday, November 23, 2020 11:10 AM
To: Norm Regis<nregis@cityofseward.net>
Subject:Cook Inlet fishery
External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good morning, I had a little time this morning and looked into the issue best I could. l spoke with Dave Martin Pres. of
the United Cook Inlet Drift Association and got a rundown of what the UCIDA has been doing to fight the poor
management of this fishery.
This goes back years and it's about management of the public resource of salmon in Cook Inlet. You both know my
background and that I will always lean towards the Commercial and subsistence fishers but I try and keep an open mind
to sports fisheries needs as well.What seems to always get lost in the argument is that all users benefit from science
based management of this critical fishery, which by the way is a national food source.
The bottom line in this argument is that the State is not managing the Inlet salmon fishery following the guidelines laid
out in the Magnuson-Stevens Act. Which is based on the Biological, science based management of the fishery not the
economics or politics. Fish and game is under the thumb of the elect and they get caught in the crossfire of politics
which in turn forces them to allow over escapement into the rivers which results in lower overall returns and an
unhealthy fishery.
1
11
On a local level fish politics get ugly fast and this is why UCIDA fought to have the federal waters moved to be managed
by the Feds following the Magnuson-Stevens and not the State.
I'm not sure if there is a role for Homer council in this yet. I know the North Pacific fishery management Council has a big
decision to make in December having to do with management of the EEZ. I'll include the motions before the NPFMC and
the map showing the EEZ. Dave Martin tells me that alternative 4 closing the EEZ would be devastating to the Drift
fishery and would impact Homer in that what fish there are left to catch would likely be delivered into the rivers and not
to Homer. He also pointed out that none of the options are legal in that they are all in violation of the Magnuson-
Stevens Act.
Hope this helps,
Bryan
Bryan Hawkins
Port Director/Harbormaster
Pres. AAHPA
Homer Port&Harbor
4311 Freight Dock Road
Homer,AK 99603
(907)-235-3160 ext. 6203
(907) 399-6003 cell
bhawkins@ci.homer.ak.us
Spain
Pbis]VFraud
Not Mani
Forget previous vote
2
12
Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska
Figure 1 The FMP's salmon management area, showing the East Area and the West
Area and the three areas excluded from the salmon management area
(shaded).
154=w 1s2°w
Cook Inlet _ 1. 14 IT 140'e 180' 1G0'W M-W 140`y('..
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-47
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1159 46.15'�'" H 54 dG.15
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ut
lr 180• ISM 140'W
:e
154°W 15rw
164°w iS2'W 1461W 1"1W
Alaska Peninsula Prince WiIlfarsi Sound
a
Kayak Is
- Hag¢e ]] i{54 30.1' �• 2 1If!
IW IJ6 15.2dI I COpatSuckliA9 _
1 PI�IImpl W 162 2 05'I l 1
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....••..p1� 'Ii Ii IIII1111it _H 4 2.w5 ` ........__.__... � �
1'
-
W S d]5160''N 5956,40'
52 WN 54 27.75 42162 24.05'1 N .6fi"
W144 Ns9 412W? X2W W1
225''j H SA . 44 71,50'
2Si
1S4 2Zi
m
{ln a
18C°W 162°W 146"W 144°W
7
13
Council Motion
C-4 Cook Inlet Salmon FMP
October 12,2020
The Council recommends releasing the Initial Review Draft for public review,considering SSC comments
as applicable,for final action at the December 2020 Council meeting with the existing purpose and need
statement and the following revised alternatives.Added text is shown in bold and deletions are shown
in strikethrough.
Alternative 1:No Action. No amendment to the Salmon FMP. This alternative would maintain status quo.
Alternative 1 is not a viable alternative given the Ninth Circuit decision,however,NEPA requires that
Federal agencies analyze a no action alternative.
Alternative 2:Federal management of the commercial fishery in the EEZ with specific management
measures delegated to the State.Amend the Salmon FMP to include the Cook Inlet EEZ in the FMP's
fishery management unit in the West Area and establish a Federal management regime for these salmon
fisheryfes that delegates specific management measures to the State of Alaska, to use existing State
salmon management infrastructure,in compliance with the Magnuson-Stevens Act and Ninth Circuit
ruling.Alternative 2 would identify the management measures that would be managed by the Council
and NMFS, the management measures that would be delegated to the State to manage with Federal
oversight, and the process for delegation and oversight of management.
Alternative 3:Federal management of the commercial fshery„in the.EEZ.Amend the Salmon FMP to
include the Cook Inlet EEZ in the FMP's fishery management unit in the West Area and apply Federal
management to theese portions of the fisheryies that occurs in the EEZ.
Alternative.4:Federal man_agrement of the commercial fishery in the EEZ with the EEZ closed to
commercial fishing.Amend the Salmon FMP to include the Cook Inlet EEZ in the FMP's fishery
management unit in the West Area and apply Federal management by extending the existing West
Area prohibition an commercial salmon fishing in the EEZ to the Cook Inlet EEZ.
1
14
Page 1
• / Kenai City Council - Special Meeting
November 23, 2020 — 6:00 PM
Kenai City Council Chambers
KE N
� I 210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
*Telephonic/Virtual Information Below*
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
B. PUBLIC COMMENT
(Public comment limited to three (3) minutes per speaker;
thirty(30) minutes aggregated)
C. PUBLIC HEARING
1. Resolution No. 2020-89 - Opposing Alternative 4 Proposed to the North Pacific Fishery
Management Council that would Close All Federal Waters in Cook Inlet to Commercial
Salmon Fishing. (Mayor Gabriel)
D. NEW BUSINESS
1. Discussion - Future Council and Commission Meeting Format. (Administration)
E. ADJOURNMENT
The agenda and supporting documents are posted on the City's website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231.
Join Zoom Meeting
https:Hus02web.zoom.us/*/85172783701
Meeting ID: 851 7278 3701 Passcode: 960578
OR
Dial In: (253) 215-8782 or (669) 900-6833
Meeting ID: 851 7278 3701 Passcode: 960578
Kenai City Council - Special Meeting Page 1 of 1
November 23, 2020
15
� l Page 2
J
Sponsored by: Mayor Gabriel
KENAI
CITY OF KENAI
RESOLUTION NO. 2020-89
A RESOLUTION OF THE CITY OF KENAI, ALASKA, OPPOSING ALTERNATIVE 4 PROPOSED
TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL THAT WOULD CLOSE ALL
FEDERAL WATERS IN COOK INLET TO COMMERCIAL SALMON FISHING.
WHEREAS,the North Pacific Fishery Management Council developed the Fishery Management
Plan for Salmon Fisheries in the EEZ off Alaska, (FMP) that manages salmon fisheries in the
United State Exclusive Economic Zone (EEZ; 3 nautical miles to 200 nautical miles off shore of
Alaska); and,
WHEREAS, pursuant to a United States Court of Appeals Ninth Circuit ruling, after successful
litigation brought by Cook Inlet commercial fishermen and seafood processors, the North Pacific
Fishery Management Council must amend the FMP to bring it in line with the Ninth Circuit Court's
decision;and,
WHEREAS, the North Pacific Fishery Management Council is considering four alternative
amendments to the FMP:
Alternative 1 is status quo or no action, deferring management to the State of Alaska by
excluding the traditional net fishing area in the Cook Inlet EEZ from the FMP (the Ninth
Circuit Court ruling makes this alternative "untenable" according to the authors' of the
Public Review Draft Environmental Assessment/ Regulatory Impact Review for Proposed
Alternative XX to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off
Alaska);
Alternative 2 would establish federal management of the commercial salmon fishery in
Cook Inlet with management of the commercial fishery delegated to the State of Alaska in
accordance with the Magnuson Stevens Act and other applicable federal law;
Alternative 3 would establish Federal management of the commercial salmon fishery in
Cook Inlet with the North Pacific Fishery Management Council and national Marine
Fisheries Service without delegation of management to the State of Alaska; and
Alternative 4 would effectively close all federal waters in Cook Inlet to commercial salmon
fishing; and,
WHEREAS, the City Council of Kenai has consistently advocated for science-based fisheries
management decisions; and,
WHEREAS, Alternative 4 proposed by the State of Alaska ADF&G Deputy Commissioner at the
North Pacific Fishery Management Council's October 12, 2020 meeting after closure of public
comment is not a science-based decision, but instead according to the United Cook Inlet Drift
association is a punitive decision for bringing the lawsuit and rather than constituting a
16
Page 3
Resolution No. 2020-89
Page 2of2
management plan consistent with sound fishery management and applicable federal regulations
simply short circuits the Court's decision and intent of the Magnuson Stevens Act and FMP by
eliminating the fishery altogether; and,
WHEREAS, if Alternative 4 were adopted by the North Pacific Fishery Management Council, it
would close the area of fishing where most of the Cook Inlet Drift Fleet harvest occurs, effectively
eliminating the economic viability of the fishery and viability of local seafood processors; and,
WHEREAS, the loss of the drift gillnet fishery in Cook Inlet would cause severe job loss, loss of
capital investment in the fishery and support businesses, and could impact other fisheries if local
processing capacity is lost or reduced; and,
WHEREAS, a 2015 report published by the McDowell group titled "The Economic Impact of the
Seafood Industry in Southcentral Alaska" reported that the seafood industry in the reporting region
directly employs over 10,000 people seasonally and had an economic output of$1.2 billion; and,
WHEREAS, the City Council recognizes that the drift gillnet fleet, like other fisheries users, is a
critical component of the City, positively contributing to the City's local history, culture and
economy; and,
WHEREAS, the City Council opposes adoption by the North Pacific Fishery Management Council
of Alternative 4 which would effectively end the Cook Inlet Drift Net fishery and cause severe local
economic impact and other harm to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council opposes the North Pacific Fishery Management Council
adopting Alternative 4, and that a copy of this Resolution along with other consistent written
comment from the Mayor or City manager be provided to the North Pacific Fishery Management
Council as public comment for consideration at its December meeting.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November,
2020.
BRIAN GABRIEL, SR., MAYOR
ATTEST:
Jamie Heinz, CMC, City Clerk
17
Page 4
City of Kenai 1 2KENAI
A,,e, 9961283, nai.ci
MEMORANDUM
TO: City Council Members
FROM: Mayor Gabriel, Mayor
DATE: November 18, 2020
SUBJECT: Resolution no. 2020-89 - Opposition to Alternative 4 Closing Federal
Waters in Cook Inlet to Commercial Salmon Fishing
The North Pacific Fishery Management Council (NPFMC) developed the Fishery Management
Plan for Salmon Fisheries in the EEZ off Alaska, (FMP) that manages salmon fisheries in the
United State Exclusive Economic Zone (EEZ; 3 nautical miles to 200 nautical miles off shore of
Alaska)
Pursuant to a United States Court of Appeals Ninth Circuit ruling, after successful litigation brought
by Cook Inlet commercial fishermen and seafood processors, the NPFMC must amend the FMP
in the Cook Inlet to bring it in line with the Ninth Circuit Court's decision.
As a result of that decision by the courts, the NPFMC and stakeholders have spent 3 years trying
to work out the details for an FMP that complies with the federal law and the court order. The
NPFMC had been considering three alternative approaches to management of the EEZ in Cook
Inlet. At the last meeting of the NPFMC on October 12, 2020, however, the Deputy Commissioner
of the Alaska Department of Fish and Game introduced a 4th alternative for consideration by the
NPFMC that would close the EEZ in the Cook Inlet to all commercial salmon fishing.
According to the United Cook Inlet Drift Association, if approved, Alternative 4 would effectively
close the commercial salmon drift fishery in the Cook Inlet and force remaining processing plants
to close. The commercial salmon fishery, including the drift fishery, has been and continues to
be a vital component of our local economy. According to a 2015 McDowell Group report, the
seafood industry in Southcentral Alaska directly employs over 10,000 people seasonally and has
an annual economic output of$1.2 billion.
The NPFMC will take final action on the new FMP at their meeting that takes place in December
(Dec 4 and 7-11) of this year.
All of the user groups that rely on our annual salmon returns are important to the City of Kenai.
Any action by NPFMC that effectively eliminates one of those user groups should be opposed.
Your consideration is appreciated.
18
Brenda Ballou
From: Norm Regis
Sent: Tuesday, November 24, 2020 12:17 PM
To: Christy Terry
Cc: Stephen Sowell; Brenda Ballou
Subject: FW: UFA Action Alert: Cook Inlet Setnet Fishery
Brenda can you send out to council.
Thank you
Norris Regis
Harbormaster AMPE
Box 167
Seward,Alaska 99664
907-224-3138 ext. 2
nr_egis(a cityofseward.net<mailtomregisocityofsewa rd.net>
Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work.And
the only way to do great work is to love what you do."
Steve lobs
From: United Fishermen of Alaska<director@ufa-fish.org>
Sent:Tuesday, November 24, 2020 10:20 AM
To: Norm Regis<nregis@cityofseward.net>
Subject: UFA Action Alert:Cook Inlet Setnet Fishery
External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
View this email in your browser
ongill mill:
UFA ACTION ALERT
19
f -
MOM
Z IR
SETNT FISHERMEN URGENT ACTIN
77-7777
-ALERT
At the December 4 1 1, 2424'NPFMG meeting, the Councal irvtl be taking PM,
fhe
fl
closure of the commercial sa.lrnon fishery m Cook Inlet
RESPONSE IS EASY CAN BE SUBMITTED 1N JUST A FEW 11INUTES
r y
S
COMMENT,DEdDLINE IS SOON NO\/ 27
........
_ y
After a disastrous 202Q salmon season, the cam,mmercial salmon fishing industry
�n G W facing an even greater threat to its long term existence
,Please submit comments to the North Pac�l:ic Fishery Management Council
NPI MC} '
r
CLICK LtNIt SHOWN BELOW The comment portal belows Qpen on the
NPFMC Webs�te F
S
Z
20
-Scroll down agenda #o ITEM'C2
Clickn "CUMMENT NOW"field
ClEck '`View Comments" Tab�o read others' comments
Click "Comment"-..Tab to record your own comments,
.-PRIMARY COMMENTS MESSAGE NEEDS TO CONTAIN THESE POINTS
ADD"MORE COMMENTS IFIAS DESIRED Copy and paste these points�f you
rchoo e
• APPROVE ALTERNATIVE 2 WITH AMMENDMENTS TO COMPLY WITH
�MAGNUSQN STEVENS ACT NATIONAL STANDARDS �45 REQUIRED BY
LAW
• REJECT ALTERNATIVE 4 ENTIRELY THIS WAS UNETHICALLY SATE
SUBMITTED, IS UNUETTED, AND WOULD COLLAPSE THE
,LONGSTANDING UTABLE COOK INLET SALMON FISHERY IN DIRECT
OPPOSITIDN TO THE REQUIREMENTS OF THE MRGNUSON STEUENS
AC,T, COMMON SENSE, AND THE BENEFIT RND SUSTAINABLILTY OF
THE LOCAL COMMUNITIES AND ECONOMIES
Eli ENO=
.
Copyright O 2020 United Fishermen of Alaska, All rights reserved.
3
21
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United Fishermen of Alaska
PO Sox 20229
Juneau,Ak 99801
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For eft previous vote
4
22
Senator Peter A. Mieciche
J Ittsktr,Shirt'L,t'gi."<irt?tt)IT
5,r:lslarl Address.: Interim Address:
Alaska State Capitol.Rm.5(k1 i'' 145?Main Strc-1 Loop.Sic.226
Juneau,Ataska'+1W1-1182 Kewi.Ala%ka IWO11-7771
Ptionc:(%)7)465-29U Phnnc:(W7)283-7996
`I'c11Frcc.(800)964-5743 Fax:(907)283.8127
Imemkr 25, 2020
Mcmbcn of the North Pacific.Dither'Nbriagc:nlc:rrt Council.
I aria an Alaska 5t:1t Srm.lttor.Intl an acli►e commercial Iishcnman who rq)rLNcnts the:central Kenai
Peninsula,whcru mans commcrc 6l salmon tisht;mlcn.cl—cwi arri cxs.fishing supply husine.�sses.
prtr.0 sors and pre>xs%canployclas Iir c and►cork. With respect 14)[;plx t Cook Inli1 and tltc vrwliam of a
1=isllt.-rr 11a1,:1LLTIILill Ilan tl`'t[11I.I ana orating it)ark,that tilt.Council not consider irlrplcnic11ling
Alternate\ •t tit)our tirict mnming mecling.
Starting r►ith the privc is,it ix dil'licuIf to undcmtand w1w the Council%%oul+d atlti=x thin ahl:rnatie•e in
the nrannct plat it c.Ttnlu forward. The \TFMl'lw. ,.Ira.;ti,:;ltvnt n.-,pulalion of bwirtv ntu1.hodit al anti
Ihorouell in its'arlalvsk ICjttiIII,to.1rlt tirlal.1.tn"r1 1, .%C hate ttjaCd this is-rtle, tit,.:r+a: id IIl,h
that t11c: rat*c ttas 11culL,rrl.ltls:to purNuu Sun!:.° ,JIF hill,-1, "t 111e-rnati%c 2.tallith I swill rrt. Fhc I'I'+[-1111n1ItL
amcnkhttunl put fort%art!it),i,r111I} clel\c thL I ..Itt,I,, ! : ,I1+11tti./o"c:11:17)has not hwn stillp ilctl ht
any an:tlesi_,and has not kjl a etlecl in ttrr It.1111111Ill 01.11 111�: oarwill Ito,takLn on is-sues in the p.w M hilt
a single gear tt•pe has he^cn the focus here,dwi-L inll.h 1ii,11, ,It ,I.a4... !lies has clearly Jell the prelcc-~sing
scclor as%tell as rile coastal cornrnunitics I rcplc:+cnt I.1w ,1t the tI"15lon'making proems.'I aking final
action In suppcart of.Miumati.c 4►till !harm tlic cil-W1I111rtt of the Council.1t is not a good-ta.ith.problem-
solttnQ action.
Altei11.111r a 4 tt Of hat c drarrratic negal1% for the cilitirc commercial tishina induslry in
InILL a 1«Ya1111111t.11'Ci 1 I11K:r t'tthich It.[,, plo"u..%mcd ftrl 1c L11 ovct :I CCllttlt\. ' !L-1.wialltolt.,or
lal:l11r1-ilia families h:l1L 11.yd .1 lily A t1011nt1 IIIL c ttati rL,pit),.1.lin.,high ytt.11ltc 111Y,1L1n it)tltt: tI %ion
and Ill. 1torld lowly ,t'C" 111,Ill Kt, 11,,t� ,.tsnLtl meaner lift colt . t111ilc I,,Mv 111,li1IL:d ~Bill a work
ethic 1th:,11111.+. Ca11� 'Aitll th,rl, t,11 111L. 111:}tt.l1ite4 trill IikLlt I'ut ,01 .rl,l tt+r11mt1ra�I�i.11 .alrncrn
II�I1gtl • 1I1 � -, .{. Iltl�l. .111.I [Il�::.C,11�. .er'r .�tl.I,l.,us 1>,at /r1�ht+:..
lac'%• ]ILI f,I1 91CY1.9Gr'.„ I11IIr,1,1, Itt I'Ew11 fg11•.11. 11;:11 lantii1m; Ir'l -,f.r4}[lE.'1?9i+,17� -�1CLrn�rhtL I1v111 wncto
dc,1111.iI:: Ot! I,.-,% :, ,!IINI,;,:.II 111,1:_1 11 1 `. I,t+rvrnain in lhC 11,11.11 IIIC I.Vd pIt1CL,Mll U1rry[a their
d(II)II. 111, 1,0 ,111111t.I .1:t1 [ 11t,that-remain will he l,.r:,,? [+,!rang t)p their gcar and a ccritury
oldkzw in,ki,tl c111 11.,
U%cr group~in llt,:Cook ok till,I ,11,1 ha%c long str111 1:tl to find a halancu hclttccn sport.cornmc:r'ial
p1-vional use and y4111 I,IL11et tl,..; ,•Itrups. Allernaw, I tit I,L, .I slake I lit iogh 111L.11C.11I 111 1011, ll"'I ,.'f,,III
cc tttslnl;ant 4'11at1 ti 0 11.r1.111 , i•s 1• cllmtnatul a1141 III „11r 1,l �II:�Lti�tl11 titihcrh:%11111110 '.111 11! h t-:;q I
lrlttl ehzltaM. .t tiahl.K t n1,Irlaa La11t sit plan is esSe ntial t, :r1.I ,1Ii ":11rr,t,11:1r .i .1i1a111: 11•,rii 11, .1.. i. .1
managemcnl plan ►111i.h tdiMllt.Itk:� .rn entire; groul)IN sLglttcd. .st 15Lrr-
Some tlelicvcthat the chill in:ltIon oI the opporlunttte:s in ltic FT/ k%Ill;illotu ,poll .I,I,I p,:i ,ii-iI 1,,_-
fisheries to thrive.unimpeded ht conlnlcreial fisheries. IIre cy1ap",II, 1 .I.In.lill .I„,,�:r I,� 11t, 11 till IIt•I_I"I
Ora I14lern hc:ginning lit tale:)une. Ill an arc;a ttrlll lull,.111c1,:,Itr,'11 ,11t11 ,fl7111 a1 It],t:L,"1`I1,111I1"* '15,�111,1 I
tiuYlaJar.f'1br.l licWiehi altleg.gcry
23
FkAjtllrl:J hatG'1-in r111:N,:.r'+i11 In 1rr�h r Dior 11r4 M jI A�t i to in Jnl;'. l..II I,l[It Ill,- 4^1 r'j4 Ir III 1:.• !1--II..1 .I,'111.11k
G\.aoGrh11. 11 k, IIII,;ti�[rR i Il lt 1r1'.7 1ta1'k. 1111, +'.III I.�,Iilt In m 0-.' 11,.111,III :IIILI 1.', 1111r-011 w 1111,111.'1 1,I
t1111,;�C1t .arid r1::_r.s11'`1;1-: 1n11a:IJIFll.' Ihi,:gll.11ll4 :Ind attr:i11111W,Cal "Ihisi 11 .1'..111ablk: t+'1 111_ o11,..l '..p 11
11':1wllna1 11u at111 11,C1 1-fou11s A 41'-� :.It 1,1.111'L I .il,Iri._. rA1-11M Ile UjICIl l:d 'A 1110 11I .111%
titIll's14.I:;ratWil101 :CLIr111MIL 1r1111aax.IIld ult III l IJ.'.., rn�.t., Ileresaufcc.
I cartnot urge you raronul% ,ii, ii•,II t, -i,tihl t.tl,ilrt,Ibis p.11h lk:.idin- t1 ard 11% ulliwatc dc%inlctlon A
Corlinlercial Salmon trtilllrlk III r }. '.IILt.And':%Cnta II-% II�;L:1R1t.I`. I"+1t�:l.tItV 111L tlrr
d c'ad1.''.t.I rccognizt;that Tl1.lrl.tt' I11L't11 IIt I11%hclil:,, Is a Jrallcn'.'. 1, 1 .tlI Ilio 4lsl,l �:+ ll6wrt:alloc:tli1111
lay els. 'I his altcrnati%'c.1n11 1kt,� ncv-it msp-i;t- tlrt n1.im thLnl•.irt,k od hoond:1 mlipk
Junme in allocation, l su1:w 1:1 I1 :1, .c11w -n a more tr.IkIIII"1e.11 Man.'1IJI ,1ti lsltonativc 2,v luJi
balance%the survivaI of tlrw.11, 1.� ,srILl Ill- ',.1i 1"l,IS user ernulr. %1 II,' FJ% can wa1n111r1
My Primary jol,r.`1111n1il+ll1t w`Is iiu II,t,,11 10 11 IN COn:Ntittl nt'.. I lta►`e nL t 11-11,Ill I'i1r .I +inek is jti I i11(It ILII
supportirl t th,. Josurc nl the FF/in Alt,itlatit'c 4, 1 ha%c heard from 1s1.1rll 111,11"1AL1.11S.+s1 .41r1 .11i 1:4 .a;s l
rnurlicipalitle, vkpposIng the change. 1 rL;gtjoI Ihat rou join"IC in oplr,'s111,11 1, 'eil,.tlla1I\, 1 kw 111,m
ApIls:ars to N.a llr.+e-lr►se that.1tla"1.1 Cannot afford,nut ottly during J1.1iicnprig irtli coact. 14 c
coon and flnust do hater for the sustainable salmon rl.zoirf-Ccs in[`ook- Inlet.
Polak s old doing the right thing am ohm at adds.I t'espccd"uAy rqued that in this can the rtgk thing
emries the day. Supporting AItcrnativ"c 4 is not the tight thing to do md t believe in Your hearts most or
you kmew that to be the casc.
I am alwa►,^s z%,ailablc to further discuss my opposition to Alttemativc 4.1 cm be inched in my Kenai
olTecc at SI[17-2W-7996.
'Thank-you rot Flour thoughtful consideration.
Sincerely.
Senator Peter Ntlicc the
CC:VIA F.EC7RONIC TR.-VNS\MSSION
'I'Itc 1lonuratxlr Citrr curnor h'likc Dun
Wri Stevens,(1hicf of-Staff Io the[governor
Doug Vincent-long.Comnil-wontj .•\J)F&G
Scnator,pet.T.l licciclw4fialtilcg.guv
24
�sANOAF
�~+q� `40
'MQ FOR THE SA 10
I am writing on behalf of the Alaska Salmon Alliance(ASA)to request you join our effort to keep the
historic salmon drift gillnet fishery open in Cook Inlet. As hard as it might be to believe,the State of
Alaska has recently submitted a proposal to do just that—close the historic salmon fishery in Cook Inlet
in order to avoid following mandated best practices for managing salmon fisheries.This letter is to
provide background on the issue and request your support to keep the historic salmon fishery healthy
for the benefit of our local industry and our communities.
By way of background,ASA is an organization focused on public education, promoting the value of
scientifically based salmon management to preserve habitats and create predictable harvests for all
salmon users in the Cook Inlet region.Alaska Salmon Alliance promotes long-term sustainability and is a
source for accurate information about the salmon industry.The Alaska Salmon Alliance Mission is to
advocate for the salmon economy;for a thoughtful, process-oriented allocation of Cook Inlet salmon for
the benefit of all Alaskans.
A general review of how we got here involves several years of effort by local commercial fishers to get
the State of Alaska to follow federally mandated salmon management practices. Briefly,two local fishing
organizations filed a lawsuit requesting that the National Marine Fisheries Service (NMFS),the federal
agency in charge of all anadromous fish species(including salmon),fulfill its federally mandated
oversight role in managing all Cook Inlet salmon stocks.The lawsuit filed by UCIDA and CIFF,went to the
Ninth Circuit court and then all the way to the US Supreme Court and the fishing organizations won.The
courts said that the NMFS must prepare a fishery management plan (FMP)for the entire Cook Inlet
salmon fishery and then the agency could legally delegate authority to the State of Alaska for in-season
management of the fishery.
As a result of that decision by the courts,the NMFS and the North Pacific Fishery Management Council
(Council)and stakeholders have spent 3 years trying to work out the details for an FMP that complies
with the federal law and the court order.The Council is required to take final action on the new FMP in
December of this year.
The Magnuson-Stevens Act(MSA) is the primary law at issue.The MSA is the primary federal law that
governs marine fishery management and provides for optimal exploitation of coastal fishery resources.
The MSA has been in existence for over forty years and is the "gold standard" in sustainable fishery
management for the entire nation. The MSA requires, among others,that fishery resources be managed
on the basis of Maximum Sustainable Yield (MSY)and that FMP's be based on the best available science.
Meeting those requirements in the new court-ordered FMP will require the State of Alaska (ADFG and
BOF)to make fundamental changes in the way they manage the Cook Inlet fishery. Rather than work to
meet the requirements of federal law,the State has decided to take punitive action against the Cook
Inlet commercial fishing industry and is now trying to close most of the area where the Cook Inlet fleet
fishes.
At the last meeting of the Council,on October 12th, after all public testimony had been taken,the State
of Alaska introduced a 4th Alternative for the Council to consider for the new FMP.Alternative 4 would
close all federal waters in Cook Inlet to commercial fishing. Federal water(called the EEZ for Exclusive
Alaska �,aonon Alliance
PO Box 586, Kenai,AK 99611
aksalmonalliance@gmail.com
907-395-7068
25
ASA to City Council
Re:State of Alaska and MSA
Page 2 of 2
Economic Zone) in Cook Inlet is the southern half of the Inlet, including almost everything south of
Kalgin Island.
If approved by the Council,Alternative 4 would essentially close the fishery.The area south of Kalgin
Island is where most of the drift fleet harvest occurs and there is no way to make up for that lost
harvest.This would force all Cook Inlet drift fishermen out of business and force the remaining
processing plants to close.The consequences of that action are unfathomable,the commercial salmon
fishery here has been the backbone of the economy for over a hundred years.Thousands of jobs in the
communities of our Borough will be lost,the capital investment in the fishery and support businesses
will be lost and other fisheries will also have to close when the processing companies leave the Kenai
Peninsula.
This issue is important for many reasons, not the least is the dramatic negative impact of the State of
Alaska's goal to get Alternate 4 approved. In 2015,the McDowell Group published a report titled "The
Economic Impact of the Seafood Industry in Southcentral Alaska". In that report they document that the
seafood industry directly employs over 10,000 people seasonally in the region and has an annual
economic output of$1.2 billion.They state that salmon is the foundation of the region's seafood
industry accounting for 85%of the total wholesale value.
OUR ASK—we respectfully request you and your city council engage in this issue to defeat the State of
Alaska's Alternative 4 at the December 2020 N PFMC meeting 7th—11th . We know your voice will help
influence a decision to continue the fishery while ensuring long and healthy salmon runs for future
generations and the economic viability of our communities.
ASA will be contacting you to follow up on this important matter. Until then, I am available to provide
any addition questions should you have any.
Respectfully,
Nate Berga, President
ASA
Alaska Salmon Alliance
PO Box 586, Kenai,AK 99611
aksalmonalliance@gmail.com
907395--7068
26
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North Pacific Fishery Management Council
Y
5imon Kinneen,Chair I David Witherell,Executive Director
605 W.4th Avenue,Suite 306,Anchorage,AK 99501
Phone 907-271-2809 1 www.npfmc.org
C2 Cook Inlet Salmon Final Action
December 2020
Action Memo
Council Staff: Jim Armstrong
Presenter: Doug Duncan
Action Required: 1. Review the Public Review Draft of the EA/RIR.
2. Recommend a preferred alternative, as appropriate.
BACKGROUND
The Council intends to take final action on the Cook Inlet Salmon issue at this meeting by adopting a
preferred alternative for federal management of commercial salmon fishing in EEZ waters of Cook Inlet.
The Public Review Draft of the EA/RIR prepared for this action is posted to the agenda and describes and
analyzes the impacts of the four management approaches under consideration by the Council. Currently,
the portion of the Cook Inlet EEZ where commercial salmon fishing occurs is excluded from the Fishery
Management Plan for the Salmon Fisheries in the EEZ off Alaska(IMP). This exclusion from the FMP
defers management of salmon fishing in the Cook Inlet EEZ to the State of Alaska. A Ninth Circuit Court
ruling held that the Council must amend the IMP to include the Cook Inlet EEZ,in accordance with the
MSA and all other applicable Federal law. The Council's action on this agenda item will only be
applicable to commercial salmon fisheries in the Cook Inlet EEZ.
The Council conducted its initial review of the EA/RIR at its October 2020 meeting, at which time three
alternatives were under consideration. At that review,and under the advice of its SSC,the Council
approved release of the analysis for public review,with the existing purpose and need statement,
instructing staff to accommodate SSC recommendations, as applicable. The Council also clarified that
the option to apply the FMP'S general West Area prohibition on commercial salmon fishing in the EEZ to
the Cook Inlet EEZ should be reflected as a distinct alternative for consideration. A closure of the Cook
Inlet EEZ to commercial salmon fishing was contemplated under Alternative 3 in the analysis,whereby
closure would occur based on stock status or when information needed for management is absent. By
adding Alternative 4,however,the Council clarified that it could also recommend an extended closure as
a policy preference.
Subsequent to the October 2020 Council meeting,the Alaska Board of Fisheries and Council's Joint
Protocol Committee met by web conference on November 5,2020 to review and discuss potential impacts
and management changes associated with this action. A presentation to the Committee was given by
Doug Duncan(NMFS AKRO) and a summary of that meeting is provided under the Executive Director's
Report in the agenda for this meeting.No action was taken by the Committee,however, some BOF
members may choose to provide their own comments to the Council.
The Cook Inlet salmon action was initiated in 2017 in response to a Ninth Circuit Court finding that the
Salmon IMP was out of compliance with the Magnuson-Stevens Act(MSA)by excluding areas that
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C2 Cook Inlet Salmon
DECEMBER 2020
overlap with federal waters. The Court ruling was brought about by litigation from the United Cook Inlet
Drift Association(UCIDA)and Cook Inlet Fishermen's Fund(CIFF)which challenged the exclusion of
the Cook Inlet EEZ from the IMP. Considerable time was dedicated to the identification of viable
management measures through the Cook Inlet Salmon Committee,which was created to include
stakeholders,including plaintiffs,in the development of an IMP amendment. Additionally,the Council
directed and reviewed multiple iterations of the analysis during this period. In December 2019,
UCIDA/CIFF appealed to federal court to expedite completion of an amended IMP. In January 2020,the
Court established a deadline of Dec 31,2020 for final Council action,but gave no instruction on the
content of the amendment.The Council was provided with the Committee's recommendations at its June
2020 meeting,however,many of the Committee's recommendations were predicated on expanding the
scope of the federal IMP into State jurisdictional waters and decision making,which is untenable under
the MSA.
ALTERNATIVES
The Council is considering the following range of alternatives. In October 2020,the Council modified
Alternatives 2 and 3 to clarify their specific applicability to the commercial fishery in the EEZ, and added
Alternative 4 to include the Cook Inlet EEZ in the FMP's West Area.
Alternative 1: No Action.No amendment to the Salmon IMP. This alternative would maintain the
existing management regime,which excludes the Cook Inlet EEZ and the commercial salmon fishery
within it from Federal management under the IMP. Alternative I is not a viable alternative given the
Ninth Circuit decision,however,NEPA requires that Federal agencies analyze a no action alternative.
Alternative 2: Federal management of the commercial fishery in the EEZ with specific management
measures delegated to the State.Amend the Salmon IMP to include the Cook Inlet EEZ in the FMP's
fishery management unit in the West Area and establish a Federal management regime for the
commercial salmon fishery that delegates specific management measures to the State of Alaska,to use
existing State salmon management infrastructure,in compliance with the MSA and Ninth Circuit ruling.
Alternative 2 would identify the management measures that would be managed by the Council and
NMFS,the management measures that would be delegated to the State to manage with Federal oversight,
and the process for delegation and oversight of management.
Alternative 3: Federal management of the commercial fishery in the EEZ.Amend the Salmon IMP
to include the Cook Inlet EEZ in the FMP's fishery management unit in the West Area and apply Federal
management to the commercial salmon fishery that occurs in the EEZ.
Alternative 4: Federal management of the commercial fishery in the EEZ with the EEZ closed to
commercial fishing.Amend the Salmon IMP to include the Cook Inlet EEZ in the FMP's fishery
management unit in the West Area and apply Federal management by applying the existing West Area
prohibition on commercial salmon fishing in the EEZ to the Cook Inlet EEZ.
Each Alternative contains elements that address:
• management policy and objectives,
• conservation and management measures,
• status determination criteria,
• annual catch limits and accountability measures,
• methods to report bycatch and measures to minimize bycatch and the mortality of unavoidable
bycatch,
• a process to annually determine the status of the stocks and provide stock assessment and fishery
evaluation information, and
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C2 Cook Inlet Salmon
DECEMBER 2020
• the process for Federal oversight and review of State management measures applicable to the
commercial salmon fishery in the Cook Inlet EEZ and implemented under the authority delegated
to the State by the IMP.
• monitoring,recordkeeping, and reporting requirements.
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