Miller ends challenge in US Senate race

Republican Joe Miller said today, nearly two months after Alaskans concluded voting, that he is giving up his fight challenging the election of Sen. Lisa Murkowski.

Miller thanked his supporters and said the time has come to accept the "practical realities" of court decisions that have been unanimous in ruling against his challenge. He said he would remain a voice for smaller government, less federal spending and other issues favored by the tea party.

At his first formal news conference since Oct. 11, which he left without taking questions, Miller said that he believes he raised legitimate issues in his case against the state's election officials.

Earlier today, he told an interviewer on Fox News Channel that he thought he didn't stand a good chance at the 9th U.S. Circuit Court of Appeals, which he termed "liberal."

Miller, a self-proclaimed expert in constitutional law, had his challenges to Murkowski's election thrown out by an Alaska Superior Court judge from Ketchikan, a unanimous Alaska Supreme Court, and a U.S. District Court judge in Anchorage. The federal judge, Ralph Beistline, said the case against Miller was so overwhelming that he ruled before the state even filed all its arguments opposing Miller's claims.

He last met Alaska reporters in a press conference setting after a debate at the Dena'ina Convention Center in Anchorage on Oct. 11. But at that event, he spoke for about five minutes, during which he criticized the media and said he wouldn't answer any more questions about his character or background. He then turned and rushed out a back stairwell that led to the street while aides blocked reporters from following him.

State officials said Murkowski received 10,252 more votes than Miller in her historic write-in victory.

Fisherman's Choice Charters

Murkowski certified Senate election winner

JUNEAU -- Sen. Lisa Murkowski has been certified the winner of Alaska's Senate race following a nearly two-month legal battle.

State officials today signed paperwork making her win over GOP rival Joe Miller official.

Murkowski becomes the first U.S. Senate candidate since Strom Thurmond in 1954 to win with a write-in campaign. Murkowski will be sworn in when Congress begins its new term next week.

Miller won the primary in August, prompting Murkowski to run for re-election as a write-in. Miller then sued the state over its handling of the race as Murkowski toppled him in the general election.

Three courts upheld election results favoring Murkowski, with a federal judge on Tuesday lifting a stay on certification that he'd imposed to give the courts time to rule on Miller's claims.

Fisherman's Choice Charters

Subsistence fishermen oppose new Fish and Game head

PETERSBURG -- Gov. Sean Parnell's appointment to head Alaska's Fish and Game Department is drawing the ire of a Native group that accuses Cora Campbell of being unqualified and biased toward commercial fishing.

KFSK-FM reports that Alaska Native Brotherhood's Subsistence Committee chair Bob Loescher said the 31-year-old Campbell is too young and lacks relationships with Alaska's Native population to be an effective commissioner.

Campbell, who is not a research biologist, or trained in fisheries or wildlife management, said she can work with subsistence fishermen and hopes to meet with the Alaska Native Brotherhood to talk about their concerns.

Parnell decided last week to appoint Campbell to head Fish and Game. She had been acting commissioner since Dec. 1, when Denby Lloyd retired. Her appointment will have to be approved by the Legislature.

Campbell, who grew up in the fishing community of Petersburg and worked as a young woman on her father's fishing boat, was one of two applicants submitted for consideration by the Joint Board of Fisheries and Game and forwarded to Parnell for consideration. The other was Ron Somerville, a former Board of Game chairman.

Unlike Lloyd, whose first job with ADF&G was in 1974 doing test fisheries, Campbell did not rise from within an agency. She has, however, worked for two governors. Her resume includes work as fisheries adviser for former Gov. Sarah Palin, in commercial fishing, and as an executive director of a regional fishing association.

Parnell has said he picked Campbell, and is making his other appointments, to bring new energy to his administration.

Myron Naneng, president of the Alaska Village Council Presidents, also has expressed concerns about Campbell and worries that subsistence users in Western Alaska will be overlooked under her watch.

Fisherman's Choice Charters

Coping with 'cutest' bear cub puts Homer man in hospital

The tiny, exceedingly cute black bear cub appeared to be in distress, apparently without a mother or a winter den, but Homer resident Julian Massey knew better than to feed it. He tried to ignore it, but when it began trying to get inside his house, Massey knew he had to take action. He tells the Homer Tribune how his attempt to frighten the little cub away went terribly wrong.

At one point, the bear took a good look inside the house through a window. It climbed nine times its own height to get to the window, Massey said.

"I tried scaring him off by yelling at him when he was on the side of the hill," Massey reasoned.

When that didn't work, by the time the bear had grown more bold and climbed to his window, he realized he needed to take a more proactive approach. He jumped out his window, thinking that a little bear seeing a big man making a loud noise would run off.

"It was impulsive and it was stupid. That's when I broke my leg, shattered my knee in numerous pieces," Massey said.

Fisherman's Choice Charters

Miller to keep fighting, won't oppose election certification by state

Republican Senate candidate Joe Miller announced late Sunday that he would continue his challenge in federal court of the write-in election of rival Sen. Lisa Murkowski but added he would not oppose certification of Murkowski's victory by state election officials.

U.S. District Court Judge Ralph Beistline, who is hearing Miller's federal challenge, had already said he would probably lift his order staying certification, allowing Murkowski to assume office Jan. 5 without losing seniority or leaving the state short a U.S. Senator. In a prepared statement e-mailed to the media about 10:20 p.m., Miller said he planned to go ahead with his federal lawsuit "for the sake of the integrity of the election."

Miller initially challenged the Nov. 2 election in federal court, but Beistline ruled he had to go to state court first. Miller lost in state Superior Court, and the Alaska Supreme Court unanimously declared last week that the Superior Court had ruled correctly.

Beistline had given Miller until this morning to file motions continuing his case. The state has until Wednesday to respond. Beistline indicated he would rule from the filings and not require oral arguments.

Among Miller's issues is his assertion that state law requires write-in voters to spell Murkowski's name perfectly. The Alaska Supreme Court disagreed.

Supreme Court rules against Miller

The Alaska Supreme Court today ruled against Joe Miller on all counts, a decision that leaves his challenge of Sen. Lisa Murkowski’s victory on life support.

“There are no remaining issues raised by Miller that prevent this election from being certified,” the Supreme Court declared in its 24-page ruling.

Murkowski leads Miller by more than 10,000 votes.

Miller’s last chance is in federal court. U.S. District Court Judge Ralph Beistline is giving Miller 48 hours to argue that the federal courts should take up any remaining constitutional issues.

Beistline has blocked the state from certifying Murkowski as the winner of the Senate race to allow the court issues to be settled. Beistline said he will decide “as soon as possible” on lifting his block following the Alaska Supreme Court ruling.

The Alaska Supreme Court ruled that Superior Court Judge William Carey was right to toss out Miller’s lawsuit over the Nov. 2 U.S. Senate race.

The Supreme Court ruled that the Alaska Division of Elections followed the law in counting misspelled ballots write-in ballots for Murkowski. “Voter intent is paramount and any misspelling, abbreviation or other minor variation …does not invalidate a ballot so long as the intention of the voter can be ascertained,” the Supreme Court said in its ruling.

The Supreme Court also dismissed Miller’s suggestions of election fraud, finding that he hasn’t proven misconduct.

Read the court's ruling (PDF)

Arctic ice melt may promote cross-breeding, further imperiling endangered animals

As the world heats up and polar ice melts, different types of bears, whales and seals could meet and mate — but these unions may be far from happy, researchers said Wednesday. In fact, interspecies sex brought on by the melting Arctic ice could lead to the extinction of many endangered Arctic animals, the scientists said in an article published in the journal Nature.

At least 22 species are at risk of hybridizing in 34 different combinations, according to a team led by Brendan Kelly, an Alaska-based evolutionary biologist with the National Oceanic and Atmospheric Administration. The pairings include polar bears and grizzlies, narwhals and beluga whales, and various assortments of seals. Some of those species are listed as endangered or threatened.

Because hybrid offspring — or their offspring, in turn — are often infertile, maladapted or sickly, much of the genetic biodiversity of the Arctic could be lost, the scientists warned.

Kelly said the report "is sort of a call-to-arms to encourage our colleagues around the Arctic to recognize this may be going on." The authors urged the scientific community to begin monitoring mammals living in the Arctic to check for any increase in hybridization events.

Kelly and his coauthors reached their conclusions after reviewing the scientific literature, scouring museums for possible hybrid bones and pinpointing which populations are at risk of running into each other as the Arctic ice shrinks. That ice has separated many sea- and ice-dwelling animals for as long as 10,000 years, maintaining a barrier to animal movement, and thus interbreeding. Some scientists have predicted that the Arctic could become ice-free by the century's end as a consequence of climate change.

Although Arctic species rarely interbreed, many are capable of doing so. In 2006, a bear with a patchy white-and-brown coat was shot in the Canadian Arctic. Scientists suspected — and DNA-typing later confirmed — that the animal was a polar-grizzly hybrid, a creature known variously as a "pizzly" or "grolar bear."

In the 1980s, an apparent beluga-narwhal hybrid skull (one that lacked the narwhal's single tusk) was picked up in Greenland.

And last year, what appeared to be a hybrid of two whales — a bowhead whale and a right whale — was spotted in the Bering Sea.

David Withrow, a marine mammal biologist with NOAA, was the one to spot the hybrid whale, the first he'd ever seen. He recalled his shock as the animal headed toward him.

"It really threw me," said Withrow, who was not involved in the new report. "I felt small, like I should know what this whale is."

If endangered animals increasingly mate with other species, they could be hybridized out of existence, Kelly said. Consider North Pacific right whales. About 200 are known to exist — and only 30 in the area where Withrow spotted the bowhead-right whale hybrid in 2009.

Even though hybrids can often be healthier than either of their parents (a phenomenon termed "hybrid vigor" by scientists), this is often a temporary advantage, said coauthor Andrew Whiteley, a conservation geneticist at the University of Massachusetts. The offspring, should the hybrids be fertile, are generally more sickly.

And first-generation hybrids are often ill-suited for the environments in which they live, the researchers said. Take the polar-grizzly bear hybrid: Its mottled coat no longer traps heat as efficiently as that of a pure polar bear, it is a poorer swimmer, and it does not exhibit the crafty hunting behaviors (such as jumping on a snow cave to pin a hiding seal) that would help it to survive.

The beluga-narwhal hybrid skull discovered in the 1980s lacked the narwhal's characteristic horn, a key asset in competing with other males for rank and mates.

Negative effects may be more subtle too, said Fred Allendorf, a conservation geneticist at the University of Montana who was not involved in the study. Birth cycles may not match up with those scarce months when food is available. Animals may head in the wrong direction during migration periods. And it's not clear that hybrids would be hardy enough to handle certain environmental shocks or diseases.

"With a winter storm … or other kinds of environmental stresses, they may not survive where the native populations would have before," Allendorf said.

Cross-breeding could also bring positive results, Allendorf said. However, he seconded Kelly's call-to-arms. "The most important point is … collecting the samples now so we can see if this happens in the future. If we don't, in the future we'll have no way of knowing if this is something new or has been there the whole time."

Miller argues appeal to Supreme Court

The Alaska Supreme Court is about to decide the fate of Joe Miller's challenge to the way the state handled the senate election. The state's highest court wrapped up a hearing on the matter Friday afternoon.

The Supreme Court justices want specifics and examples from both sides to back up their arguments.

“You keep saying that, but there's no calculations anywhere so that I can assure myself that it's moot. I'm not a mathematician and I'm not going to go figure it out myself,” Justice Daniel Winfree said when attorneys for Sen. Lisa Murkowski argued that the whole notion of arguing over the ballot count is moot because even with unchallenged votes, Murkowski still wins.

The Miller legal team alleges fraud and says they don't trust the judgment of Division of Elections director Gail Fenumiai, who decided which questioned write-in ballots should be credited to Murkowski.

The Miller team thinks it can get enough votes thrown out to at least spur a recount, which it thinks could tilt the election in Miller’s favor.

Those types of claims are what the Supreme Court is looking for further proof on.

The justices expressed concern that it's difficult to trust certain statements when there has not been a recount.

Still, the main argument is over voter intent and whether spelling variations of the name Lisa Murkowski should be counted.

“The legislature certainly has not stated in clear and certain terms that a voter must spell a candidate’s name exactly as it appears on the declaration of candidacy in order to have that vote counted,” said Joanne Grace, an attorney for the state

“The legislature did not intend to allow such a mushy subjective standard to be applied to something as fundamentally crucial as votes that will determine who becomes the next governor, who becomes the next U.S. Senator,” argued Michael Morley, an attorney for Miller.

A written decision from the Supreme Court could come as soon as Friday evening, but it has a lot to sort through and could take through the weeken

Pebble Mine arguments wrap up

A judge heard closing arguments Friday in a trial looking at state-issued exploratory permits near the proposed Pebble Mine site.

Eight Bristol Bay village corporations brought forward the lawsuit against the state and the Pebble Partnership

The court has to decide whether the state should have taken more steps before issuing the permits.

The plaintiff's attorney says the state should have done a public interest survey before approving any drilling.

The defense claims this is an attempt to interfere with the Pebble Mine project as a whole.

A decision is expected in the coming days.

Feds seek comment on Unimak wolves

The Unimak Island caribou herd is the only island caribou herd in the country, and biologists say it's in danger of extinction. The state says wolves are killing caribou calves at an alarming rate.

But before it can kill the wolves, the U.S. Fish and Wildlife Service need input from the public. Friday Fish and Wildlife presented its draft assessment of Unimak Island wolf and caribou issues.

The study shows about 400 caribou on Unimak.

State biologists say it has the lowest bull-to-cow ratio it's ever seen, and the percentage of calves that survive is in the single digits.

Biologists say that caribou herds across the Alaska Peninsula are on the decline, but the Unimak herd is the most serious.

During the calving season in May, the state wanted to shoot wolves from the air, but the calving grounds lie on a national wildlife refuge.

The U.S. Fish and Wildlife Service said before any action could be taken, it needed to do its own study and then open it up to public comment.

The two squared off in federal court where a U.S. District court judge sided with the feds.

The four options the feds are seeking comment on range from not shooting wolves at all, to the state's preferred plan of killing wolves using helicopters and fixed wing aircraft.

“Our plan is to get through this whole process so that we have an option selected and we're ready to begin implementing that option on the ground in may which is when the calving period begins,” said Bruce Woods with U.S. Fish and Wildlife.

“We're trying to just take the fewest number of wolves possible to improve calf survival, and in the southern peninsula herd we've seen a tremendous rebound in the population -- 15 percent annual increase and the bull numbers are coming back very rapidly in that area,” said Lem Butler with the Alaska Department of Fish and Game.

The feds have not selected their preferred method yet.

Fairbanks holds retirement ceremony for valued police dog

Baron wasn't crazy about being in a bright Fairbanks room with a bunch of strangers -- or maybe he knew his working days were over. But he was obedient as always: He whined a bit and lay down on the carpet while people gave him the respect he is due. The Fairbanks Daily News-Miner reports that Baron, one of the city's two police dogs, is going into retirement.

After an exceptional eight years of service at the department, he will move to a different lifestyle - one that doesn't involve sniffing out drugs and chasing down the bad guys.

Baron joined the force in October 2002. [Sgt. Gregory] Foster was assigned as his trainer. In the years since then, Foster said, Baron's help led to tricky arrests and finds. ...

Within the department, the mantra is "trust our dog, follow our dog."

Miller asks court to toss thousands of ballots

Legal wrangling over Alaska's contested U.S. Senate race reached the state Supreme Court today, with justices taking on Republican Joe Miller's appeal of a lower court ruling that equaled a victory for rival Lisa Murkowski.

Miller is appealing a state judge's decision to toss out his challenge to the state's handling of the election and its counting of write-in ballots for Murkowski, who lost to Miller in the Republican primary and ran a write-in campaign.

Michael Morley, an attorney for Miller, told the court that that the state should be held to a strict reading of election law and thousands of write-in ballots for rival Lisa Murkowski should be set aside. Morley said the law is clear, that write-in ballots must include the candidate's name or the name as it appears on the declaration of candidacy.

The state says it relied on case law to use discretion in determining voter intent, allowing for ballots with misspellings to be counted toward Murkowski's tally.

Murkowski led by more than 10,000 votes as a write-in candidate in last month's general election.

Murkowski's attorney Scott Kendall said Miller is "denying reality" in continuing in his legal challenge because Murkowski leads by 2,169 votes when ballots challenged by Miller's campaign are excluded.

Justices grilled Kendall about why the case is moot, noting there hasn't been a recount or a re-evaluation of challenged ballots that might add to Miller's tally.

Miller also says there were problems such as voters without proper identification being allowed to cast ballots. He is seeking to have the results invalidated and to have a hand recount of Miller's ballots to ensure a "fair and accurate" tally.

"The fact that the Legislature stated that there should be 'no exceptions' to the ballot counting method is what, in our view, should govern this matter," he said in a statement Monday, when he filed his appeal.

If he loses this case, Miller has said he would evaluate his legal options and may take his challenge to the U.S. Supreme Court.

Miller initially sued in federal court, but U.S. District Judge Ralph Beistline said the state courts were in a better position, "at least initially," to determine the winner. He said, however, he could review constitutional issues once the case works its way through state courts

Beistline has halted certification of the election until state issues are resolved. But he said this week someone should be in place in the Senate by early January, when Congress convenes, even if that means later having to replace that person when all legal disputes are resolved.

Alaska sues federal fisheries service over sea lion protections

The Associated Press

(12/14/10 13:09:03)

The state of Alaska is suing a federal agency over a decision to curtail fishing in the western Aleutian Islands to protect endangered sea lions.

The move by the National Marine Fisheries Service is intended to provide sea lions in certain areas with more fish to eat.

But the state argues that the agency failed to make the case that additional fishing restrictions are necessary. Gov. Sean Parnell says the restrictions are not supported by scientific evidence.

Last week, the federal agency announced that commercial mackerel and cod fisheries in the western Aleutians would be restricted to ensure that Steller sea lions have enough to eat.

The western population of sea lions was listed as endangered in 1997 under the Endangered Species Act. The fishing restrictions go into effect Jan. 1.

Miller appeals ruling on write-in votes

Republican Joe Miller is taking his challenge to Alaska's U.S. Senate race to the state Supreme Court.

Miller filed his appeal Monday, three days after a lower court ruled against his lawsuit challenging how the state counted write-in ballots for his rival, Sen. Lisa Murkowski. Arguments are set for Friday.

"We have consistently asserted that the law should be followed strictly," Miller said in a statement. "The fact that the Legislature stated that there should be 'no exceptions' to the ballot counting method is what, in our view, should govern this matter."

Murkowski ran a write-in campaign, the likes of which Alaska has never seen, after losing the GOP primary to Miller. The state, relying on case law, used discretion in determining voter intent, allowing for ballots with misspellings to be counted toward Murkowski's tally.

Unofficial results showed Murkowski leading Miller by 10,328 votes, or 2,169 votes, when ballots challenged by Miller's campaign were excluded. Murkowski has declared victory.

But Miller and his attorneys argued that the law calls for write-in ballots to have the ballot oval filled and either the candidate's last name or the name as it appears on the declaration of candidacy written. Spelling, they contended, matters.

Carey disagreed, saying that if the Legislature intended for a candidate's name to be spelled perfectly to count, the law would have stated that. Miller's campaign said the ruling "essentially modifies state law."

Carey also dismissed as unfounded questions raised by Miller about voting irregularities.

On Friday, Murkowski called on Miller to "end this," and concede. On Monday, Miller spokesman Randy DeSoto reiterated the campaign's position that there needs to be a hand recount to ensure a "fair and accurate" tally.

U.S. District Judge Ralph Beistline halted certification of the race until the issues raised by Miller had been resolved. The state wanted Beistline to make any continued hold contingent upon Miller filing an appeal by the end of the day Monday. Attorneys for the state and Murkowski have sought a speedy resolution to the case, saying it's critical to ensure that Alaska's interests are fully represented in the Senate. Swearing in of senators for the new term is set for Jan. 5.

Murkowski attorneys also argue that Murkowski's seniority is at risk if her race isn't certified by then.

An associate historian for the Senate, Betty Koed, said the Senate could seat Murkowski pending the results of the election. She said seniority issues, like committee assignments, would be left to party leadership.

Don Stewart, a spokesman for Senate Republican Leader Mitch McConnell, said McConnell hasn't commented on the possibilities. "There are a couple ifs between here and there," he said.

C-5 GOA Chinook salmon bycatch 12/12/10

C-5 GOA Chinook salmon bycatch
Council motion
The Council adopts the following problem statement and moves the following alternatives for initial review.

Problem statement:
Chinook salmon bycatch taken incidentally in GOA groundfish fisheries is a concern, and no salmon bycatch control measures have been implemented to date. Current observer coverage levels and protocols in some GOA groundfish trawl fisheries raise concerns about bycatch estimates and may limit sampling opportunities. Limited information is available on the origin of Chinook salmon taken as bycatch in the GOA; it is thought that the harvests include stocks from Asia, Alaska, British Columbia, and lower-48 origin. Despite management actions by the State of Alaska to reduce Chinook salmon mortality in sport, commercial, and subsistence fisheries, minimum Chinook salmon escapement goals in some river systems have not been achieved in recent years. In addition, the level of GOA Chinook salmon bycatch in 2010 has exceeded the incidental take amount in the Biological Opinion for endangered Chinook salmon stocks. The sharp increase in 2010 Chinook bycatch levels in the GOA fisheries require implementing short-term and long-term management measures to reduce salmon bycatch to the extent practicable under National Standard 9 of the Magnuson-Stevens Act. In the short term, measures focused on the GOA pollock fisheries are expected to provide the greatest savings. In the long term, comprehensive salmon bycatch management in the GOA is needed.

Alternatives for expedited review and rule making:
The below alternatives apply to directed pollock trawl fisheries in the Central and Western GOA.
Alternative 1: Status quo.
Alternative 2: Chinook salmon PSC limit and increased monitoring.
Component 1: 30,000 Chinook salmon PSC limit (hard cap).
Option: Apportion limit between Central and Western GOA
a) proportional to the pollock TAC.
b) proportional to historic average bycatch rate of Chinook salmon (5 or 10-year average).
c) proportional to historic average bycatch number of Chinook salmon (5 or 10-year average).
Component 2: Expanded observer coverage.
Extend existing 30% observer coverage requirements for vessels 60’-125’ to trawl vessels less than 60’ directed fishing for pollock in the Central or Western GOA.

Alternative 3: Mandatory salmon bycatch control cooperative membership.
In order to fish in the Central or Western GOA pollock fisheries a vessel must be a member of a salmon bycatch control cooperative for the area where they are participating. Cooperative formation will be annual with a minimum threshold (number of licenses).
Cooperative contractual agreements would include a requirement for vessels to retain all salmon bycatch until vessel or plant observers have an opportunity to determine the number of salmon and collect any scientific data or biological samples. Cooperative contractual agreements would also include measures to control Chinook salmon bycatch, ensure compliance with the contractual full retention requirement, promote gear innovation, salmon hotspot reporting, and monitoring individual vessel bycatch performance.
Annual cooperative reports to the Council would include the contractual agreements and successes and failures for salmon bycatch controls by season and calendar year.
The Council requests staff explore options related to the following aspects of mandatory cooperative formation:
§ Minimum number of licenses required to promote meaningful exchange of information and cooperation to avoid bycatch under the current directed fishery management structure. (Minimum threshold for cooperative formation should be set to ensure all eligible licenses have a reasonable opportunity to participate).
§ Options to ensure participants outside of a bycatch control cooperative would be subject to regulatory bycatch controls if it is determined mandatory cooperative membership is not possible.
§ Appropriate contract elements and reporting requirements.

Alternatives for regular review and rule making track:
The below alternatives apply to non-pollock trawl fisheries in the Central and Western GOA.
Alternative 1: Status quo.
Alternative 2: 10,000 Chinook salmon PSC limit (hard cap).
Option 1: Apportion limit between Central and Western GOA.
Option 2: Apportion limit by directed fishery.
Applies to both options: Apportion proportional to historic average bycatch of Chinook salmon (5 or 10-year average).
Alternative 3: Mandatory salmon bycatch control cooperative membership.
In order to fish in the Central or Western GOA trawl fisheries a vessel must be a member of a salmon bycatch control cooperative for the area where they are participating. Cooperative formation will be annual with a minimum threshold (number of licenses).
Cooperative contractual agreements would include measures to control Chinook salmon bycatch, promote gear innovation, salmon hotspot reporting, and monitoring individual vessel bycatch performance. Annual cooperative reports to the Council would include the contractual agreements and successes and failures for salmon bycatch controls by season and calendar year.

The below alternatives applies to all trawl fisheries in the Central and Western GOA.
Alternative 4: Full retention of salmon.
Vessels will retain all salmon bycatch until the number of salmon has been determined by the vessel or plant observer and the observer’s collection of any scientific data or biological samples from the salmon has been completed.
Option: Deploy electronic monitoring or observers to monitor for discards in order to validate salmon census data for use in catch accounting.


The Council also requests staff to provide the following:
§ Chinook salmon bycatch rate data for each GOA groundfish fishery by month and area.
§ Correlation between bycatch rates and time of day (based on observer data or anecdotal information).
§ Correlation between bycatch rates and time of year (based on observer data or anecdotal information).
§ Information on the flexibility under Steller sea lion measures to adjust season dates.
§ Current trip limit management and implications of lowering GOA pollock trip limits.
§ Information on current excluder use, effectiveness of salmon excluders, and deployment of excluders on smaller trawl vessels.
§ A discussion of potential benefits, with respect to available bycatch measures and salmon savings, of a cooperative management structure for the GOA pollock fisheries. The discussion should assume a cooperative program for the Central and Western GOA directed pollock catcher vessels. Licenses qualifying for the program would annually form cooperatives that would receive allocations based on the catch histories of members. Catcher vessel cooperatives would be required to associate with a shore-based processor in the GOA, but members may change cooperatives and cooperatives may change processor associations annually without penalty.

Pilot error blamed in July C-17 crash

Pilot error is being blamed for a C-17 plane crash at an Anchorage military base that killed the four airmen on board.

Joint Base Elmendorf-Richardson spokesman Bob Hall says he doesn't know which of the three pilots on board was flying the C-17 when it crashed July 28.

Pacific Air Forces released the results of its investigation Friday evening.

Its report says the investigation "found clear and convincing evidence the cause of the mishap was pilot error."

Sullivan says he won't veto fireworks law

Anchorage Mayor Dan Sullivan said Friday he will not veto a new law allowing residents to set off fireworks for three and a half hours New Years Eve.

Sullivan said Wednesday, a day after the city Assembly approved the new law, that he was thinking of vetoing it.

Separately, Sullivan said he will veto $85,000 approved by the Anchorage Assembly in the $435 million 2011 city budget Tuesday. The money was for an East Anchorage neighborhood plan.

Sullivan is leaving in place an Assembly decision Tuesday to restore $250,000 in next year's People Mover bus system budget.

Assembly chairman Dick Traini said the vetoed item will be brought up at next Tuesday's Assembly meeting to see if the Assembly wants to override the veto. It takes eight votes on the 11-member Assembly to override. The eastside planning money passed 6-5.

State judge rules in favor of state, against Miller, in election challenge

Posted by Alaska_Politics

Posted: December 10, 2010 - 1:01 pm

From Sean Cockerham in Anchorage –

Update, 3:35 p.m.:

Superior Court Judge William Carey ruled against Joe Miller on all counts.

The judge found there was no evidence of election fraud and that there was nothing wrong with the state considering "voter intent" and counting misspelled write-in ballots for Murkowski.

"In interpreting statutes in election law contexts, the Alaska Supreme Court has emphasized the importance of giving effect to the will of the people as expressed in the exercise of their vote," the judge wrote in his ruling put out this afternoon.

The Miller campaign argued state law didn't allow misspellings to count.

State law says write in votes should be counted if the name "as it appears on the write-in declaration of candidacy, of the candidate or the last name of the candidate is written in the space provided."

The judge focused on the fact that the law includes the word "appears."

"The definition of 'appears' in this context does not require perfection or precision, but rather a close, apparent approximation known to the viewer upon first look. This seems to the court the far more reasonable interpretation of the term than the rigid meaning attributed to it by (Miller)," the judge wrote in his ruling. "If exact spellings were intended by the legislature, even with respect to the most difficult names, the legislature could have and would have said so."

The judge also disagreed with Miller's argument that the illegality of counting misspelled ballots is confirmed by Murkowski's own effort during the campaign to convince voters to spell her name right.

"He seems to suggest that a voter who really wanted to vote for Murkowski would have no excuse for getting the spelling of her name wrong. But of course there are many reasons why this might happen, whether they involve a village elder who had grown up speaking his or her Native dialect, a recently naturalized citizen, a person with any one of a number of disabilities, or someone who just mistakenly left off a letter in his or her chosen candidate's name," the judge wrote.

Elections Director Gail Fenumiai has said her standard for accepting ballots was "if I can pronounce the name by the way it's spelled."

Update, 2:55p.m.:

Superior Court Judge William B. Carey just ruled in favor of the state and against Joe Miller in his challenge of the election. Miller has until Tuesday to appeal.

Download the ruling here.

We'll be updating shortly.

---

Update, 2:20 p.m.:

Lisa Murkowski's legal team filed motions this afternoon asking to be allowed to intervene in the federal lawsuit Miller filed.

She was already given permission to intervene in the state suit.

Murkowski argued in the motion that she should have received more votes than she did, because the state didn't count ballots where voters wrote in her name but failed to fill in the oval.

---

Original post:

State Superior Court Judge William Carey is expected to rule this afternoon on Joe Miller’s challenge of the Senate election. The ruling is sure to be appealed to the Alaska Supreme Court.

The timing is key. Federal Judge Ralph Beistline has blocked certification of Lisa Murkowski as the winner in the Senate race until the state courts decide on Miller’s lawsuit. The new U.S. Senate is to be sworn in Jan.5 and the state says Alaska will be left with just one senator, Mark Begich, if the election isn’t certified by then.

The state filed a flurry of motions in Beistline’s federal court arguing that Miller is trying to slow down the process and urging Beistline to speed it up.

“If certification is enjoined beyond the convening of the new Congress in January, the state will suffer significant and immeasurable harm through the loss of full representation in the Senate,” said a motion filed by acting Alaska Attorney General Richard Svobodny.

The state wants Beistline to lift his order blocking certification of the election if Miller loses in state court today and doesn’t file his appeal to the Alaska Supreme Court by the close of business on Monday.

Otherwise, Miller would have 30 days to appeal.

“Mr. Miller’s conduct of the state litigation suggests that he is strongly motivated to delay a final determination of the election result,” Svobodny wrote. “He opposed expedited consideration of the state’s Motion for Summary Judgment, and just yesterday, after full briefing and oral argument on the state’s motion for summary judgment on all counts, moved to amend his complaint to add a new claim and requested discovery to try to give substance to his entirely speculative allegations.”

The state is also asking Beistline to force Miller to argue any remaining federal legal issues at the same time that the Alaska Supreme Court considers the state court lawsuit.

“This is the only way to assure that the issues in this case can be resolved before January 5,” Svobodny wrote.

The only ruling Beistline made so far today is to require Miller to file a motion by Monday morning in response to the state’s request for federal legal issues to be dealt with right away.

Firefighters bring asphalt blaze under control

By CASEY GROVE
casey.grove@adn.com

(12/09/10 18:32:04)

Anchorage firefighters are mopping up tonight after gaining control over a blaze that broke out this afternoon at a business off the Old Seward Highway, a department spokesperson said.

Firefighters are breaking down water hoses and releasing some of the equipment that responded to the blaze at Northern Gravel and Trucking at 69th Avenue and Rosewood Street.

The owner of the business was working with a mixture of hundreds of gallons of asphalt oil and diesel this afternoon when it ignited, firefighters said.

The resulting blaze, which firefighters fought well into the darkness, drew a huge response from the fire department and poured thick smoke into the air that could be seen for miles.

No injuries have yet been reported in the blaze.

Battalion Chief Jim Vignola said the business' owner was mixing the materials in a process designed to warm asphalt so it can be worked with in cold temperatures when it caught fire.

"He was in the process of heating this asphalt oil and somehow, whether it was overheated or there was a leak, it ignited -- whether something else ignited this, there was an ignition of that asphalt oil," Vignola said.

The owner escaped without being injured.

Another fire department spokesperson said 12 fire companies responded to the blaze.

Cherie Sullivan, who works at a nearby office, said workers in her building about 4 p.m. heard an explosion just before seeing the fire. "We saw the flames and, at first, thought it was the sunset," she said.

Anchorage police say most roads in the region are closed. The Old Seward Highway was closed for a time but has reopened.

Aggressive wolves in Southwest Alaska to be killed

By MARY PEMBERTON
The Associated Press

(12/08/10 16:04:27)

State officials have approved a plan for the aerial shooting of wolves that have killed pets and scared residents in and near Port Heiden.

The Alaska Department of Public Safety and the Alaska Department of Fish and Game say the wolves pose a serious threat to the town.

Pilots under contract with the agencies are in Port Heiden. Trooper spokeswoman Megan Peters said the wolf-killing operation will begin immediately.

Residents this week asked the state to help them with three packs of wolves that have been killing pets and have become increasingly bold around humans.

Residents say the hungry wolves have killed five dogs and two cats. While they mostly have come into town at night, the wolves also have been seen during the day.

Murkowski will vote to repeal Don't Ask Don't Tell

Posted by Alaska_Politics

Posted: December 8, 2010 - 11:42 am

From Erika Bolstad in Washington D.C. --

Sen. Lisa Murkowski, R-Alaska, said she'll vote to repeal the Don't Ask Don't Tell Policy that bars openly gay service members from the military. Democrats need her support and that of other Republicans to get the 60 votes they need to take up a defense re-authorization bill that will include the repeal.

"We expect all who serve to serve with integrity, but under current law gay and lesbian service members may speak about their sexual orientation only at the risk of being discharged from performing the duties they have trained hard to carry out," she said. "America is the loser when it denies those who are willing to make the great sacrifices demanded of our men and women in uniform the opportunity do so on grounds of sexual orientation."

However, Murkowski's support of the repeal is conditional. She won't vote for the bill unless Democrats grant Republicans the opportunity to submit and debate amendments.

"This is a weighty, policy-laden bill that normally takes several weeks to debate and amend," Murkowski said. "If the majority attempts to push it through allowing little or no debate or votes on amendments, I will be inclined to oppose those efforts."

Read more: http://community.adn.com/adn/node/154719#ixzz17YXsJH00

Sarah Palin Takes Aim at 'Anti-Hunting Hypocrisy'

ABC News’ John Berman and Mary Bruce Report:

In tonight’s episode of “Sarah Palin’s Alaska,” the former governor showcases the Alaska tundra while caribou hunting with her father. Beyond proving she’s a great shot, the episode is giving Palin an opportunity to “proudly” take aim at “anti-hunting hypocrisy.”

“Tonight's hunting episode of Sarah Palin's Alaska ‘controversial’? Really? Unless you've never worn leather shoes, sat upon a leather couch or eaten a piece of meat, save your condemnation of tonight's episode. I remain proudly intolerant of anti-hunting hypocrisy. :)” Palin posted on Facebook and Twitter today.

Palin’s pro-hunting posts began on Friday when she urged fans to tune in to “see how we fill our freezers and feed our families with home-grown tundra-roaming Alaskan wild game. We'll show you how Alaskans hunt. As my friend Sue says, ‘the tundra is the type of landscape that will make a man out of anybody.’ And, PETA...” she wrote on Facebook.

In a preview of tonight’s episode the 2008 vice presidential nominee explains “in many remotes areas of Alaska there’s no grocery store nearby. It’s 4 or 500 miles away. We’re down to just five moose packages, three caribou packages... It’s time to get out there and go caribou huntin’.”

Palin seems to relish not just the hunt itself, but the political language surrounding it. Her books are loaded with references to “organic sources of protein,” which is a long way of saying say “wild animal meat.” And while she alludes to the idea that the show is somehow controversial, it doesn’t seem that there has been a giant public outcry. Palin seems eager to pick a fight here, even if no one is fighting back.

Rock legend and avid hunter Ted Nugent is also getting in on the game. In a web video to promote the hunting episode of “Sarah Palin’s Alaska,” Nugent says the decision to hunt is “so simple it’s stupid.”

“There is no debate. There is no contest. There is no alternate choice to hunting than to hunt. So to the Sarah Palin family, like all my Alaskan blood brothers... in every state in this nation... and all across the globe where we the people continue our hands-on connection to that which sustains us, it is a win, win, win. Wildlife thrives, habitat is optimized for air, soil and water production and the cycle of life with or without us will go on,” Nugent explains. “It’s really so simple it’s stupid.”

“Davey Crockett, Daniel Boone and Sarah Palin baby, the trifecta of hands-on conservation. They are my heroes,” concludes Nugent, who has also appeared with Palin on the campaign trail.

In the next few episodes of “Sarah Palin’s Alaska” the former governor expands her unprecedented convergence of politics and reality TV. On the politics side, she gets to show-off her pro-gun credentials, not to mention shooting skills, and hunting-hear. And she also gets-in a TLC sponsored political plug to drill in ANWR (the Alaskan National Wildlife Refuge). In her constant Twitter/Facebook promotion of the show, she has been noting the fact that she will be “hunting at the edge of ANWR, where you can see the uninhabited lands that warehouse billions of barrels of American energy supplies underground just waiting for the political will to allow responsible resource development.”

Frequent viewers of “Sarah Palin’s Alaska” will note that ANWR seems to be the first piece of Alaskan landscape that Palin doesn’t find awe-inspiring or breath-taking.

On the reality side, in next week’s episode, Palin will be joined by Kate Gosselin of “Kate plus 8,” fame or infamy, depending on your point of view. In classic reality show form, promos for this installment show Kate in tearful reality near-meltdown.

Assembly approves $435M budget for 2011

By ROSEMARY SHINOHARA
rshinohara@adn.com

(12/07/10 19:34:12)

The Anchorage Assembly tonight approved a $435 million city operating budget for 2011 -- a spending plan that cuts services and positions from this year's level, but raises property taxes by only half of 1 percent.

The final version eased up on some cuts that Mayor Dan Sullivan first proposed two months ago, at the start of the process, thanks to a decision by the Assembly last month to increase tobacco taxes by $5.7 million annually beginning in January.

With the anticipated new tobacco tax money, the administration restored $3.2 million in programs and services that had been slated for cuts. The rest went to offset property taxes.

Disabled cargo ship reaches Dutch Harbor

The Associated Press

(12/07/10 14:24:26)

A cargo ship disabled in the Bering Sea has reached Alaska's Dutch Harbor.

The Golden Seas was towed more than 500 miles along the Aleutian Islands chain and reached Broad Bay in Dutch Harbor shortly before 1 p.m. today.

The Coast Guard says it will remain at anchor while repairs to its engine are made.

The 738-foot ship, with a crew of 20 and cargo of canola seed, lost some power Friday in the Bering Sea and started drifting. The ship has nearly a half-million gallons of fuel oil aboard. The Coast Guard says no pollution has been reported.

Sitka Deers Get a Helping Hand

A foursome of young Sitka black-tailed bucks fell upon some good luck Sunday as they were pulled from the icy waters of Stephens Passage by a group of locals out to enjoy the last few days of recent sunshine.

Sitka Black tailed Deer in the icy waters of Stephens Passage

The good Samaritans describe their experience as "one of those defining moments in life."

They swam right toward Tom Satre's 62-foot charter vessel, the Alaska Quest and then, they started to circle the boat.

They were looking up and looked like they needed help. Once they reached the vessel, Satre said they began to circle the boat and looked obviously distressed.

The typically skittish and absolutely wild animals came willingly and once on the boat, collapsed with exhaustion. They were shivering.

They swam right toward Tom Satre's 62-foot charter vessel, the Alaska Quest and then, they started to circle the boat.

All deer were transported to Taku Harbor and witnesses reported they all recovered from what appeared to be exhaustion and a bit of hypothermia. Once the group reached the dock, the first to be pulled from the water hopped onto the dock, looked back, then leapt into the waters of the harbor and swam to shore. He quickly disappeared into the forest. Two others followed suit, after a bit of prodding and assistance from the group.

One of the four Sitka black-tailed bucks was seen being transported via wheelbarrow by Tom Satre after reaching Taku Harbor. Witnesses reported all the deer recovered fully from what appeared to be exhaustion and a bit of hypothermia.

From left: Tom, Anna and Tim Satre help one of the "button" bucks to its feet after they rescued it from Stephens Passage. Four bucks in all were rescued.

Reduced halibut catch has brokers buying

KODIAK -- Next year will be no exception to the five-year trend of trimming halibut catches.

There's a lot of halibut out there, but the fish are growing so slowly that the rate is keeping a downward press on the amount of fish being made available for harvest. Fisheries for the Pacific coast, British Columbia and Alaska could be cut by 19 percent next year if managers accept the recommendations of fishery scientists.

The International Pacific Halibut Commission released preliminary numbers last week that show a combined catch of 41 million pounds for fisheries on the Pacific coast, British Columbia and Alaska. Of that, 32.5 million pounds is allocated to Alaska fishermen, down from 40 million pounds of halibut this year.

The reductions would be especially brutal again for Southeast Alaska, where halibut catch limits have dropped by more than 60 percent over the past five years. For 2011, a whopping 47 percent cut is being proposed for the Panhandle, to just 2.3 million pounds.

For the state's biggest halibut hole, the Central Gulf of Alaska, next year's catch could be slashed by 28 percent to 14.3 million pounds. The recommended catch for the Western Gulf is 7.5 million pounds, down 24 percent.

Smaller fisheries along the Aleutians could see slight increases to 4.6 million pounds. Likewise, Bering Sea fishermen would get a slight bump to 3.7 million pounds of halibut.

"Already halibut prices are the highest in more than 10 years, with dressed fish wholesaling for more than $7 in Seattle. The lower landings already have buyers bidding up prices, and that will be a bigger problem next year. Halibut is a very popular food service fish on a lot of menus, and it is not easy for many restaurants to change course," he said.

Sackton cautioned that total removals of sport and commercially caught halibut have been running 9 to 14 percent per year above recommended levels.

"The fish are growing so slowly that the scientists are asking the halibut commission to consider a management strategy to reduce catches even further, given the current biological situation."

The international commission will make final decisions on 2011 halibut catches at its annual meeting Jan. 25-29 in Vancouver. The Pacific halibut fishery opens in March.

FISH EARMARKS

Both of Alaska's senators voted against a proposed three-year moratorium on federal budget earmarks, saying the state has needs that are best served by the assignment of money to specific purposes identified by congressmen.

An earmark is anything requested by a member of Congress not included in the president's budget, explained Sen. Lisa Murkowski in a phone call from Washington, D.C.

"It is so important to understand that so much of what we include in legislation are initiatives that have been requested by states that the administration doesn't even know about, and there are many competing interests," she added.

"I don't view construction of a harbor as pork or abusive wasteful spending," Murkowski said, using a $750,000 appropriations request for dredging at Kodiak harbor as an example.

"That is an earmark because it is not included in the president's budget. It is something I have requested be inserted in the energy and waters appropriation bill because it is a priority for Kodiak."

A good chunk of earmark money funds fishery research grants in Alaska. A $400,000 earmark funds the annual crab stock assessments in the Bering Sea and Aleutian Islands. No assessments, no fishery. Another $500,000 bankrolls research for Alaska seals and Steller sea lions

Murkowski called the recent push by Congress to ban all earmarks "long on bravado but short on substance."

Fish and Game outlines Alaska climate change expectationsFish and Game outlines Alaska climate change expectations

Alaska's fish and wildlife managers have released a state plan anticipating effects on Arctic bodies of water, fishing industries and wildlife resources brought on by climate change.

The state is suing to overturn the federal listing of polar bears as a threatened species because of declining sea-ice habitat, but the 19-page report released this week begins by acknowledging that scientific and traditional evidence increasingly shows climate changing at unprecedented rates throughout the Arctic.

"We have to take a look at what could possibly occur," said Doug Vincent-Lang, endangered species coordinator for the Department of Fish and Game.

The report, called "Climate Change Strategy," notes warming temperatures, changing precipitation patterns, altered stream flows, loss of sea ice, increased wildfire patterns, thawing permafrost and coastal erosion.

Warming and precipitation changes are expected to affect freshwater quantity and quality throughout Alaska and likely will affect wetlands, rivers and lakes, especially shallow lakes maintained by permafrost, the report says.

The report anticipated that access by anglers to water bodies might change, as could subsistence opportunities. Distribution of fish may be altered, with a shift to species tolerant of warmer waters, it said.

Changes in fire patterns will hurt some terrestrial species and help others, the report said. For example, moose could benefit in some areas that experience more fires, whereas woodpeckers or other species dependent on old growth forest could suffer.

Distribution of seal species could change as a result of altered sea ice conditions, the report said. Ocean acidification has the potential to alter the marine food web, affecting commercially targeted fish.

The report is an outgrowth of an effort launched by former Gov. Sarah Palin, who formed a climate change task force to prepare a strategy for Alaska.

Vincent-Lang said the Fish and Game Department has stayed out of the debate of climate change causes but thought it was time to take stock of the effects.

It's no different, he said, than looking at how oil and gas development or other human-caused actions could affect fish and animals.

"The climate is changing," he said. "As a result of that climate change, what are some of the things that we anticipate are going to occur to fish and wildlife, and as such how are we going to be able to adapt our management program to assure that we continue to provide for a sustained yield and sustained uses of those resources?"

The report will be used to make regional managers aware that climate might be a factor in wildlife management, Vincent-Lang said. It will also underscore that climate change should be considered as a variable in planning research.

A key initial action, the report said, will be to fill information gaps on Alaska's species of greatest conservation concern so that steps can be taken to prevent them from becoming threatened.

"As climate adds another stress onto species, we'd like to be able to collect more information and be better able to manage those species so that they don't become listable under the Endangered Species Act," Vincent-Lang said.

Healing Waters encourages vets to start casting

That's where Staff Sgt. Michael Henrie of Elmendorf Air Force Base was stationed in late 2008. In stocked waters around the palace and in the Eurphrates River swam carp-like fish. Some troops managed to secure gear from donor stores in the U.S., and before long, Henrie was casting.

"We signed out some fishing poles and went fishing in the desert," he said. "Fishing while you're wearing a Kevlar vest and a helmet with Apache helicopters overhead is a unique and inspiring thing."

Not long afterward, Henrie heard about Project Healing Waters, founded in 2005 by Navy captain Ed Nicholson while he was recovering at Walter Reed Army Hospital in Washington, D.C. The program encourages mentally or physically injured veterans to tie flies and cast in nearby lakes and streams.

By March, Henrie was working on plans for the first Alaska chapter. In November, he talked to the national president.

"This is the fly-fishing capital of the world," Henrie said. "I just wanted to hang out with the guys and have them tell me about their experiences. Before I hung the phone, I became the project director for Alaska."

He quickly connected with Alaska Fly Fishers, who joined him in an effort to make the program happen here. At the time, it was just little more than an idea -- no volunteers, no gear, no trips planned.

But by late May, flies were being tied in the physical therapy wing of the 3rd Medical Group Hospital. This summer, more than four dozen wounded soldiers have participated, nearly $25,000 has been raised and 130 volunteers have chipped in, Henrie said.

"A doctor and a physical therapist can do a lot with the physical healing," he said. "But Project Healing Waters provides the emotional healing."

With late fall blending into winter and ice creeping onto local lakes, most casting is done for the year. But Henrie and fishing guide Damon Blankenship of Alaska Fly Fishers are encouraged by the seven fishing trips they've organized this summer.

"At first," Blankenship said, "I was worried about having enough people to come and help. But one day this summer, we had one person come to the clinic with six instructors on hand.

"We've got a unique state here. Between the streams locally, the Mat-Su, the Kenai Peninsula and the western Alaska rivers, the opportunities are absolutely phenomenal."

Henrie has been a drummer in the U.S. Air Force Band of the Pacific since 2007 and performed with such stars as Toby Keith and Maureen McGovern. He owns an Air Force Commendation Medal and the Global War on Terrorism Service Medal. But he's particularly proud of his work with Project Healing Waters.

During winter, the focus shifts to bobbins, vises and fly-tying equipment. The group usually meets twice a month to make flies.

"Anybody who can walk and chew bubble gum can tie flies," Blankenship said. "I'm a living example of that."

And Henrie has made several new friends through the program, including a 72-year-old Vietnam veteran who's now one of his closest fishing buddies.

"I was not prepared for some of the stories I would hear," Henrie said. "I've never been shot at or had experiences like some of these guys."

Sometimes, he said, rugged servicemen don't believe they're even qualified.

"A lot of people don't think they will qualify for the program because they aren't wounded," he said. "In fact, I had one guy who had shapnel in his leg and was walking around on crutches who said he didn't think he qualified for it.

"He said he was just walking to the chow hall and was hit by a mortar. To me, you don't have to have shrapnel in your leg, you don't have to have taken a bullet, you don't have to have been rewarded for your war accomplishments to feel like you can benefit from standing in the water learning to fly fish."

And creating the fly that fools the fish makes the experience especially rewarding.

"We don't tie flies that are sophisticated, but the first fly we tie will catch fish," Blankenship said.

Egg flies are often among the first attempted.

"They catch fish," he said.

For now, the program is small.

"I would like to sort of keep it that way," Henrie said. "It's a very personal experience."

New rule curtails the number of Alaska halibut charters

HARVEST: About a third of sport fish operations may lose business.

By MIKE CAMPBELL
mcampbell@adn.com

Published: November 22nd, 2010 10:09 PM
Last Modified: November 22nd, 2010 10:10 PM

Federal rules taking effect in February are expected to keep a third of the halibut sport charters working out of Homer, Seward and Valdez stuck in harbor this year.

To curtail a charter fleet it feared was growing too quickly, the National Marine Fisheries Service is demanding boat owners demonstrate they participated in the fishery in 2004 or 2005 as well as 2008 to qualify for a permit. All permits carry limits on the number of anglers aboard who can keep halibut, called angler endorsements.

Unless the vessel has a federal permit, charter boat anglers cannot keep halibut.

"For the state of Alaska to have 40 percent of the business in any sector eliminated is not good," said Greg Sutter, president of the Alaska Charter Association and the owner of Captain Greg's Charters in Homer. "The government has artificially eliminated competition, but competition is great for a diverse fleet. This is going to eliminate a lot of the choices for the consumer."

The action dates to 1993, when the North Pacific Fisheries Management Council first became concerned about a growing halibut charter sector.

"Commercial stakeholders asked for a cap on the charter harvest, the fastest-growing segment of the sport fishery," Homer biologist Scott Meyer, the statewide halibut and bottomfish coordinator for the Alaska Department of Fish and Game, wrote on his agency's website. "The problem was that charter harvest was deducted 'off the top' of each year's allowable fishery removals before setting the commercial catch limit ... Growth in charter harvest had to be offset by a lowering of the commercial catch limit."

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Still, even back then, commercial fishermen took more than 80 percent of the total harvest.

The sport charter restrictions that go into effect next year were first recommended in early 2007, said Rachel Baker, a Juneau-based fisheries specialist with the National Marine Fisheries Service, which is primarily responsible for enforcing regulations.

Four years later, when the rules go into effect next February, some of the trends that spawned the action will have softened or reversed.

Between 2007 and 2009, for instance, the Southcentral sport halibut harvest in what's known as Area 3A between Kodiak and Juneau declined 24 percent to 4.7 million pounds, fueled by the national recession that kept some anglers home. Anglers fishing with charters make up about 57 percent of that harvest.

At the same time, commercial fishermen in the same area captured the lion's share of the halibut -- about 22 million pounds, according to the International Pacific Halibut Commission.

"Although it doesn't seem like there's continued growth (among the charters)," Baker said, "we're still going ahead with the program. There's been a lot of growth, a lot of turnover. By itself, a limited-access program doesn't guarantee a harvest will go down. In fact, it's hard to say what will happen to the harvest."

How many charters will be sidelined?

According to the National Marine Fisheries Service's regulatory impact review, "154 of the guided businesses (in Southcentral) that showed evidence of bottomfish fishing in 2008 would not qualify to receive a permit; 111 of these had five or more trips in 2008, and 81 of these had 15 or more trips in 2008. For comparison, there were 296 qualifying businesses."

In such ports as Homer, Seward and Valdez, halibut charters are big business. The Fish House in Seward said halibut charters this summer averaged $240 per angler, plus tax.

"Halibut allocation is clearly a complicated matter," noted Meyer. "What effect will limited entry ... have on the fisheries? No one can be sure ... (But) as the smaller charter fleet approaches full capacity, charter prices may rise and anglers may have fewer choices."

Homer charter owner Weldon Chivers fears he may be among the charters forced out by the new rules.

Chivers, 67, said he had owned Tacklebuster Charters for more than a dozen years when he purchased Halibut King four years ago to help secure his family's financial future. Now it appears that because he didn't own that business in 2004 or 2005, he may not be granted a permit.

"When they first came up with it, the way everybody interpreted (the forthcoming rule) was that you ought to be able to continue with the business if you bought it," said Chivers, a Kenai resident. "It looks to me now like they're turning people down just because they can.

"They're hoping people just throw in the towel. Just disappear. They'll force the rest of us to take legal action."

That's precisely what Chivers plans to do. "I have too much money invested in Halibut King to make a living with just Tacklebuster."

Halibut regulators

• International Pacific Halibut Commission: Created by a treaty between the United States and Canada in 1923, it conducts and manages to provide an optimal yield of flatfish.

• North Pacific Fishery Management Council: Created by the Magnuson Act of 1976, the North Pacific is one of eight regional councils that manage all fisheries in federal waters. Federal waters are defined as those between three and 200 nautical miles offshore. It is responsible for allocating halibut among various users such as commercial fishermen, sport fishermen and sport charters. Made up of government officials and members of those groups, its recommendations must ultimately be approved by the U.S. Secretary of Commerce. There are 11 voting members, six from Alaska, three from Washington, one from Oregon, and a federal representative, the Alaska Regional Director of the National Marine Fisheries Service. Members with Alaska connections include chairman Eric Olson of the Yukon Delta Fisheries Development Association; Sam Cotten of Eagle River; Ed Dersham of Anchor Point; Duncan Fields of Kodiak; Dan Hull of Anchorage; the state Fish and Game commissioner (current commissioner Denby Lloyd has resigned); Jim Balsiger of NOAA in Juneau, with Sue Salveson as the alternate; and Adm. C.C. Colvin of the 17th Coast Guard District in Juneau, with Capt. Mike Cerne his alternate.

• Alaska Department of Fish and Game: Even though Alaska lacks management authority, it monitors the sport harvest. Alaska State Troopers assist with enforcement.