HomeMy WebLinkAbout2002-11-21 KRSMA Board PacketK co a 19e i~/ Area
"Working togefhec..tor fhe river"
'~** Meeting Agendax'k'K ~'- ~~~~~~~ ° OQQ~
Thursday, November 21, 2002
7:00 p.m. _... ~. _.... ._.
Kenai River Center ~ .ri~~v~.~.
I.
CALL TO ORDER
A. Roll Call
B. Approval of IO/24102 minutes
C. Agenda Chan^es and Approval
II.
III.
IV.
PUBLIC COMMENT
Nli;~' BUSiNPSS
A. Welcome New Board Members
OLD BUSINESS
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A. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Jim
Stratton, DPOR Director
B. Kenai River Center Update, Suzanne Fisler
V.
VI.
PUBLIC COMMENT
ADJOLRNMENT
A. Board Comments
B. DatelAgenda of Next Meeting
..-
Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 2625581 ~i
Kenai Peninsula Borough, Boz 850, Soldotna, AK 99669, Soldotna 2624441 I
Alaska Division of Parke and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai ~ninsula Borough. ~~~ ,_ yr
KENAI RIVER SPECIAI, 1YIANAGEMENT
AREA ADVISORY BOARD
Thursday, October 24, 2002
7:00 p.m.
Kenai River Center
I. CALL TO ORDER
A. RoII Call
Present: Lance Trasky, Ted Wellman, Robin West, Chris Degernes, Dave
Westemran, Tim Navarre, Brett Huber, Jim Golden, Jonne Slemons, Linda
Snow, Rick Wood, Paul Shadura.
Members Absent: Joe Connors, Bill Shuster, Charles Quarre.
B. Approval of 9119/02 minutes.
The minutes were approved as written.
C. Agenda Changes and Approval.
II. PUBLIC COVIVIENT
President Ted Wellman asked for public comment on any subjects except the
Moratorium. It was decided that public comment on the guide permit moratorium
would begin directly after Director Stratton's presentation.
Sam McDowell handed out to the board members a sheet on Historical harvest of
Cook Inlet Salmon in numbers offish and by species. He stated it is time for
somebody to put habitat first, resources second and users third, to build the runs
back up.
Floyd Heisnbuch said we need to put the reso>>sce first, habitat second and the user
groups third.
III. NEW BUSINESS
A. Kenai River Water Qualify Report, Robert Ruffner, KWF
Robert gave a power point presentation updating the board on some of the
water quality monitoring results from this past summer. He discussed the
importance of citizen monitoring efforts in the watershed. A local resident
doing water quality monitoring discovered a 15 gallon oil spill at Soldotna
Creek. They were able to get 10 gallons out and one barrel was empty. He
pointed out that this kind of stuff is still happening...
He then talked about the partnerships that assist KWF with monitoring the
watersheds of the Kenai.. Robert also gave a brief history of the Kenai
Watershed Forum. He then presented the board with the different kinds of
sampling they have been doing on the Kenai River. The parameters that are
sampled for include: Metals (9 different kinds), Hydrocarbons, I~~utrients
(Nitrates and Total Phosphorus) and Fecal Coliform. 20 sites on the main
stem of the Kenai River and tributaries are sampled twice per year.
After 2 years of sampling there was concern about fecal coliform being
elevated at several specific locations and mostly during spring runoff. Total
phosphorus was high at the lower reaches of the river, which he said was a
spring and summer issue. Dissolved metals were a mostly a spring runoff
issue. Hydrocarbons were mostly a summer issue.
Robert reviewed a graph of the hydrocarbon findings from the 2001 field
season, with no hydrocarbons noted in the early spring, but detected during the
July sampling. This year they tried to isolate some of the potential variables
vdhere the hydrocarbons might be coming from. Some extra sampling was
focused on the lower river. 15 samples were taken from three sites this
summer. BTEX (gasoline range hydrocarbon compounds) concentrations
were highest at the Kenai City dock. Robert cautioned that this data is
preliminary and will need to be peer reviewed and published.
Robert recommended that the Water Quality Framework group be reconvened
so that we can evaluate progress and determine needs. He said a boundary
should be established so we don't study an issue to death. Robert then
answered some questions from the board members.
Tonne Slemons said DF.C would be happy to take a more active role. She said
grants are usually available for water quality type work. She said it serves the
pru-poses of DEC greatly to have a group like KWF doing these water quality
sriidies.
Robert requested that the board write a positive letter to DEC for their support
in helping with this project.
Chris Degernes made the motion for the board to write a letter thanking DEC
and all the partners for their support. The second part of the letter would be to
ask for assistance in leading the effort to reevaluate the Water Quality
Framework. Brett seconded the motion. Brett suggested that additional
support could also be requested in the letter.
Motion. carried with no opposition.
Kenai River Special Management Area Advisory Board
Minutes -October 24, 2002
Page 2 of 9
B. R'Ioratorinm on new Kenai River Spm-tfishing Guide Permits for
2003, Jim Stratton, DPOR Director
Ted asked that the board not make a decision at this meeting regarding the
moratorium o allow for sufficient public input on this issue. He said public
testimony would need to be taken at the next meeting.
Director Stratton gave a brief recap of DNR Commissioner Pat Pourchot's
request to the KRSMA Board related to a moratorium on issuing new guide
permits for the Kenai River. He assured the group that the department was not
proposing guide limits tonight, but is interested in feed back on whether we do
need to limit guide numbers, and how do we conduct the public discussion?
He said the concept of limiting guides is not new. He then reviewed the
history of the Kenai River Special Management Area. DPOR tried to limit
guides in 1991. At that time there was discussion on using a point system that
was largely based on how many years experience a guide had on the river. Bui
the process failed when the Department of Law issued an opinion stating
grandfathering was unconstitutional. The opinion stated that if justification
could be found to limit prudes, only a couple of Legal options were available,
including a lottery or concession contract bid process. The Dept. of Law also
stated there had not been shown that empirical evidence existed that justified
limiting guides, while not limiting the general pubhe.
In 1992 DPOR conducted the Kenai River Carrying Capacity Study, which
indicated strong public support for guide limitations. Then in 1996/97 the
Board was very active in updating the Kenai River Comprehensive
Management Plan. The subject of limiting guides was one of the most
commonly heard recommendations from the public. During this past summer,
building on the 92 Carrying Capacity study, DPOR conducted a similar
monitoring project, focusing a srrrvey on lower river boaters. The public
continues to perceive there is overcrowding on the river, and most of the
public feels this overcrowding is attributed to glides.
DPOR feels the time is right to discuss a program to limit guides. That brings
the big question: how do you do this? A lottery and concession would not be
popular among guides since it would not guarantee long time businesses any
assurances of continuing. The State asked the AG's office to take a look at
the limited entry constitutional amendment to see if we could use that vehicle
to put a limit on the guides. There is encouragement from the AG's office that
we could use this amendment. It will take more legal research. However,
while this is happening, a cap may be put on the number of people that are
guiding right now. That's where the moratorium concept comes in. This
would preserve The existing new guides without adding any new guides for
2003. Director Stratton said his request to the KRSMA Board is for comments
Kenai River Special Management Area Advisory Board
Minutes -October 24, 2002
Page 3 of 9
and recommendations on the need to proceed right now with a fiill review of
the overcrowding issues as it relates to guides; any ideas on implementing;
and thoughts and issues on the moratorium on any new guides while we are
studying the issue.
PUBLIC COMMENT:
Rod Berg, 266 Redwood Court, Soldotna, AK 99669. 20 year Kenai River
Guide. Board member in 1991 when limits were tried. His suggestions:
• Establish a number of guides. Let attrition take the numbers down.
• Anew guide would then have to bid.
• The public wants to see limits on guides.
• Supportive of a one-year moratorium.
• Lottery to include the 346 guides now registered.
• 5-year commitment from guides who are drawn for the lottery.
Ben Ellis, Box 203, Soldotna, AK 99669. In 1991 was a reporter for
Anchorage Times when the limit issue was raised; he was board member
during the revision of the KRC1ViP. His suggestions:
• Be very deliberate, thorough and successful. The public has been
waiting and wanting this for more than a decade. We have let the
public down.
• Work with the AG's office and get then assistance.
• Go back to KRCMP and look at it. It is a good bhieprint to look at
guides and rental boat owners, illegal guides, enforcement.
• Consider what will happen to the Kasilof River.
Sam McDowell, Long time resident Reviewed the historical harvest handout.
Concerned about losing the king salmon within 5 years if we don't do
something right now.
• If permit limits are established, make sure the State owns the permit.
Frank Kuffel PO Box 352, Sterling AK 99672. Speaking as a citizen.
Been on the river fishing since 1966.
• Concerned about the deterioration and systematic annihilation of
salmon by clients being dropped off by guides.
• Concerned about guides taking over areas; has actually been told
he could not fish at an area near Thompson's hole by a guide who
wanted the area for his clients.
• Concerned about the busses that drop off 15 or 18 people.
• Needs to be a moratorium.
• Same concerns need to be considered for the Kasilof.
• Looking forward to some decisions. You have to stand up! Limit
the. guides.
Kenai River Special Management Area Advisory $oard
Minutes- October 2A, 2002
Page 4 of 9
Ken Tarbox, PO Box 3507,Soldotna, AK 99669. First commented
on water quality. Ken said he did some rough calculations from the
figures in July presented by Robert Ruffner. It translates to about 500
gallons of fuel per day going into the Kenai River. This is significant
as it relates to the issue regarding Iimitnlg grades.
• Cautions board to take time on how to approach this. Is a permit a
"property right"?
• Watch for increased participation when you mention moratorium.
No recommendation on this issue.
• Vahie of limited entry permits, transferability. Need good strong
legal advice on this issue.
• Stay focused on objective. The public says crowding, but
crowding is a function of how the fishery is conducted; maybe
other changes could affect crowding. Caution on how to approach
this. Look at river in total: significant issues from habitat
perspective to water quality, to habitat protection. Driftboat
operation can permit greater participation than motorized.
Mark Glassmalcer, 33361 Keystone Drive, Sterling, AK 99672;
Kenai River Guide for 12 years; secretary/treasurer of the IQZ
Professional Guide Association. Here to remind the board the b aide
association has been working toaddress some of the problems that
have been brought in terms of complaints from the public.
• Provided the board with copy of draft covering: New guide training
and mentoring program and proposed requirements for being a
• Consider the kinds of guides on the r_ver, fi~11 time, and part time.
• Working on a KR guide board draft plan.
Dale Bondurant, 55 year resident. of Alaska. Owns property on the
Kenai River.
• Does not think it is legal to limit guides on the Kenai River.
• Common property resource cannot deny an individual life, liberty
and property.
• Conservation. is the number one issue.
• Supports a lottery system as he feels this would be legal.
• Suggests making it more difficult to get into the fishery by "raising
the bar."
Dominic Bower, PO Box 538 Cooper Landing, AK 99572. Upper
River Guide since 96.
• Sees a need for zones; i.e. strictly drift May thru October.
Kenai River Special Management Area Advisory Board
Minutes -October 24, 2002
Page 5 of 9
• Concerned about use of private boats: massive increase in the last
few years.
• Etiquette and training needs to be instilled.
• Concerned about impacts on the spawning beds. Wants to see the
Kenai River fishery maintained.
• Concerned also about the Kasilof. It was absolutely unreal this
year.
• Would support a moratorium and feels the safety of the public goes
hand in hand.
3eff King, 20 year Kenai River Guide, Resident of Ridgeway, Former
KRSMA Board Member.
• The biggest thing anyone in our town talks about is the
overcrowding. We have to jump on this moratorium ASAP.
Nothing else makes sense.
• Believes we will have a guide limit program some day and hopes it
will happen while we still have a vital guide industry
• More willing to try the lottery knowing this board tried to do it the
right way.
• Expedite, full speed ahead! Do it!
Mel Erickson, PO Box 1127, Soldotna, AK 99669, 14 year Kenai
River Guide.
• Sees the limitation ofguides as long overdue.
• Taxi cab drivers are lhnited in Anchorage. How did they do that
legally??
• Limitations may encourage fill tone guides and discourage the
part-timers.
• Too many guides - need to get those numbers down. Moratorium
good way to start.
Dick Marshall, 37186 Cannery Rd., Kenai, AK 99511. Fishing the
Kenai ;River for 22 years. Moved to l~enai from Anchorage 7 years
ago to be near the Kenai River.
• How can Parks not hear the river is crowded? It seems so
obvious! Who do we write to? Who do we scream to?
• He has written to the Governor about the crowding issues. Has
written on surveys many times about the crowding.
• Moratorium is needed.
• Feels to personally fish the river is just not fim anymore and that is
a shame.
• Suggested giving the guides 1 hottr less on the river Tuesdays thru
Saturdays -start at 7 a.m.
Kenai River Special Management Area Advisory Board
Minutes -October 24, 2002
Page 6 of 9
• When our laws prevent us from doing what is right it is time to
change the laws. The laws should serve us.
• The public wants their river back!
Mel Krogseng, PO Box 3913, Soldotna, AK 99669. Lives on the
Kenai River and owner of bodge: Contracts with guides to set up her
clients for fishing.
• Saying "it only takes one or two bad apples to spoil the barrel" can
sum up attittitde ofpublic towards the giuding industry.
• Suggested requiring a comprehensive guide training program (like
the one Mark Glassmaker proposed). It needs to be extensive to
include such things as fishing techniques, tackle used, etc.
• Apposed to limited entry type system.
• Increase fees to obligate them to ownership interest in the fishery.
Perhaps a 5-year permit system..
• More policing on the river.
• This river does not owe anyone a living.
• Not up to this board to protect the guide industry.
• Rentals boats are a danger to the public because the operators don't
know the river or Che rules of The road, etc.
Jim Rusk, PO Box 398, Soldotna, AK 99669 16-year Kenai River
guide.
• hi favor of moratorium. Needs to happen.
• Losing resource; losing quality of trips.
• Need more enforcement.
President Wellman thanked all for their opinions and said we will be
discussing and taking public comment again in November's meeting. Director
Stratton will discuss with the AG's office about the possibility of the
moratorium and report back to the board in November.
IV. OLD BUSINESS
A. Kenai River 2002 Season -Field Report, Bill Berkhahn
Bill gave a recap of the smmner's work on the Kenai River. He said he has a
dedicated staff that put in many hours, working between 4 a.m. and midnight.
They are: Ranger Don Barber, Ranger Joe McCullough, and Natural Resolute
Tech Maryanne Rogers. Their work includes all the campground
maintenance, river patrols, habitat restoration projects, etc. Along with the
permanent staff the Kenai River District has excellent help from 18
hosts/volunteers from Cooper Landing to the Pillars. The volunteers logged in
well over 5,000 hours of work for State Parks this summer!
Kenai River Special Management Area Advisory Board
MinuCes -October 24, 2002
Page 7 of 9
Some of the summer's projects were bank restoration projects at Big Eddy,
Ciechanslci, and Slikok Creek. Spruce Bark beetle mortality has hit trees hard
at Izaak Walton and Bings Landing. It is expected that most of the spmce in
Izaak Walton wifl be killed within the next few years, unfortunately.
Another priority is educating the public while on boat patrols, in the
campgrounds, in the schools or through Comnnmity Schools programs. The
rangers conducted 70 classroom sessions in boating safety. There is always
interpretation along the river on a daily basis. The staff is involved in guide
orientations and feels these orientations are working well.
Another priority is enforcement of regulations. Bill and his staff wrote 30'7
citations or written warnings this past year. Of those, 165 were written
wan~ings to guides for failure to submit end of season reports by the due dates.
The remaining 142 were citations that were written for non-a aide related
offenses.
Bill informed the board we are Toeing Kenai River Ranger Toe McCullough.
He has accepted a position in the Office of Boating Safety in Anchorage
effective November ls`. He talked about the need to recruit another ranger and
that it takes about 3 seasons for a ranger to be comfortable on the Kenai River.
President Ted Wellman asked how many Rangers are needed to effectively
patrol the Kenai River? BilLsuggesfed 2 additional rangers would be very
helpful. In total 5 Commissioned Park Rangers worild be most effective.
B. Kenai River Center Update - Suzanne Fisler
Suzanne told the board that if they wanted to continue changing their meeting
dates there is a chance the roc,.. ~~~orld not be available as they are bcoked
well. in advance. She will have the schedule available at the next meeting so
the dates can be discussed.
Suzanne said whatever the board decides to do with the moratorimn she wants
to make sure that any recommendations made are comprehensive and cover all
the aspects of the probtem. The issues are all still the same as in `8/46. The
planning process should be closely linked with the current ADF&G processes.
Consideration needs to be given on what effect our recommendations or
proposed programs are going to have on ADF&G's effort on first nm issues
on the Kenai/Kasilof.
Suzanne asked the board to review the letter in their packets from Alaska
Wildland Adventures. They and about 4 other businesses on the Kenai River
hire new employees to replace employees on an annual basis. They do feel
they would be put in a bind with only 6 months notice prior to a season when
they would be unable to replace a fishing guide who may not return. One
Kenai River Special Management Area Advisory Board
Minutes -October 24, 2002
Page 8 of 9
guide on the river is terminally ill and the company he works for is wondering
what to do. If a moratornun is instituted, this business could be short on the
number of guides needed. Please think about that as we move forward.
Suzafine said to remember that though the proposal is to limit guides on the
river, there is an overall crowding problem on the lower river and simply
limiting the guides access to the river will not make that problem go away.
V. PUBLIC COMMENT
1VTone taken.
VI. ADJOURNMENT
A. Board Comments
Robin: Good day to listen. Appreciate waiting until next month to decide on
supporting moratorium.
Pant Looking foitivard to hearing more abor the guide issue next month.
Said we need to be thorough and swift with whatever action we take.
Jorme: Would like to look at establishing priorities for the year ahead.
Tim: Looks forward to 2 new public board members. He would like to
continue as the Borough representative.
Dave: Asked for any updates on the Bypass in Cooper Landing.
Brett: ~Nall<ing into a big issue that has been around for a long time ~F~hen you
talk abort limitations. Really appreciate and listen closely to what Suzanne
Filler said about limiting angler access/demand.
Meeting was adjourned at 10:30pm.
B. Date/Agenda of Next Meeting
Thursday, November 21, 200? at the KI2C
Kenai 12iver Special Management Area Advisory Board
Minutes -October 24, 2002
Page 9 of 9