HomeMy WebLinkAbout2020-11-23 Council Packet - Special Meeting• / Kenai City Council - Special Meeting
November 23, 2020 - 6:00 PM
Kenai City Council Chambers
K E N A 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
httDS://us02web.zoom.us/i/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
7111,
jCV
KENAI
CITY OF KENAI
RESOLUTION NO. 2020-89
Sponsored by: Mayor Gabriel
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
Resolution No. 2020-89
Page 2 of 2
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
Page 3
KENAI �
_...enai 1 210 Fidal. Ave, Kenai, AK 99611-7794 1907.283 7535 I wwwkenai.city
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 4'h 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.
NOVEMBER 23, 2020
SPECIAL CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM
Add to item C.1. Resolution No. 2020-89
• Amendment Memo
REQUESTED BY
Council Member Knackstedt
KENAI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city
►, 14 &10101.3 1l I 111I I Ly1
TO:
Mayor Gabriel and Council Members
FROM:
Henry Knackstedt, City Council Member
DATE:
November 23, 2020
SUBJECT:
Resolution No. 2020-89 - Amendment
I move to amend Resolution No. 2020-89 by adding a new Section 2 as follows:
Section 2. That the City Council has not considered which of the remaining alternatives
should be adopted by the NPFMC.
And renumber the current Section 2 to Section 3.
Thank you for your consideration.
KENAI
A. CALL TO ORDER
Kenai City Council - Special Meeting
November 23, 2020 — 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
*TelephonicIVirtual Information Below*
Action Agenda
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. ADOPTED UNANIMOUSLY AS AMENDED. 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)
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
httos://us02web.zoom.us/i/8Sl72783701
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
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE NOVEMBER 23, 2020
KENAI CITY COUNCIL SPECIAL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s)
and/or Resolution(s) at the above -referenced meeting.
1. ADOPTED UNANIMOUSLY AS AMENDED. 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)
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk.
Please be advised, subject to legal limitations, ordinances and/or resolutions may have been
amended by the Council prior to adoption without further public notice.
Meghan Thibod-eau, Deputy City Clerk
Posted: November 24, 2020
O F'
1791
CITY OF KENAI
City Council
Notice of Special
K E N A I
Meeting
City Hall Council Chambers,
210 Fidalgo Ave, Kenai, AK
The following public hearing will be before the
Kenai City Council at the November 23, 2020
special meeting, beginning at 6:00 PM:
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.
The public is invited to attend and participate
virtually. Due to COVID-19 virtual and
telephonic options are available. Additional
information is available through the City
Clerk's Office or by visiting our website at
www.kenai.city.
Jamie Heinz, CMC, City Clerk
Publish: 11/19/2020 D/211
CERTIFICATE OF PUBLICATION &
POSTING
I, Jamie Heinz, Clerk of the City of
Kenai, do hereby certify that on the
18th day of November, 2020, 1
electronically mailed or caused to
be published the foregoing Notice
of Meeting to the Peninsula Clarion
and requested that this Notice be
published in the November 19,
2020 edition of their newspaper.
On the 19th day of November, the
full meeting agenda was also
posted at Kenai City Hall and on
the internet at www.kenai.city.
Jamie Heinz, CMC, City Clerk
NOTICE OF PUBLIC HEARING
NOVEMBER 23, 2020
CITY OF KENAI COUNCIL SPECIAL MEETING
NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing
on the following Ordinance(s) and/or Resolution(s) on the above -noted meeting date:
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)
The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits. All
interested persons are invited to attend the meeting telephonically/virtually and participate in the
public discussion. See the agenda for additional information. Written comments may be sent to
the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611.
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk
and will be available at the meeting for public review. Please be advised, subject to legal
limitations, ordinances and/or resolutions may be amended by the Council prior to adoption
Meghan Thibodeau, Deputy City Clerk
Posted: November 19, 2020