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HomeMy WebLinkAbout2004-05-20 KRSMA Board PacketICNAI RIVER Spectat Management Area '. "Working togefhec..tor the river'° L^QDMD~OG3~ ~ OO QL~, D *** Meeting Agenda*** Thursday, May 20, 2004 7:00 p.m. Kenai River Center I. CALL TO ORDER A. Roll Call B. Approval of 4/15104 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. Kenai River Hydrocarbons -modeling concepts, Kent Patrick-Riley, ADEC B. 2004 Field Season Project Update, Tom Vania, ADF&G IV. OLD BUSINESS A. SB 190 update B. Kenai River Working Group -update on process, Chris Degernes C. Kenai River Center Update, Suzanne Eisler V. PUBLIC COMMEN'T' VI. ADJOURNMENT A. Boazd Comments B. Date/Agenda of Next Meeting Kenai Area Otflce, Box 1247, Soldotna, AK 99669, Soldotna 262-5561 Kenai Poninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4447 Alaska Division of Parks arM Outtloor Recreation, Department of Natures Resoumes, in cooperation with the Kenai Peninsula Borough. Kenai River Special Management Area Advisory Board *** Meeting Minutes"** Thursday, April 15, 2004 7:00 p.m. Kenai River Center I. CALL TO ORDER A. Roll Call Present: Robin West, Bill Shuster, Tom Vania, Keith Cornelius, Chris Degemes, KenC Patrick-Riley, Joe Connors, Ted Wellman, Paul Shadura, Jim Golden, David Westerman, Ken Lancaster, Richazd Hahn, Jeff King, Rick Woods Absent: Roland Maw, Pete Sprague B. Approval of 3/18/04 minutes Approved as written. C. Agenda Changes and Approval Move old business A. SB 190 to beginning of meeting to accommodate Senator Wagoner's office on teleconference. IL PUBLIC COMMENT Tom Vania introduced George Pappas, who is the new area Management Biologist for the Sportfish Division in Soldotna. Paul Zimmerman, of Kasilof, expressed interest in the Kenai River working group. He said he was informed last night thaC the application deadline was closed. Paul said he checked with the newspaper and radio and they said they had not received a public service announcement. Paul also said some people were contacted to apply for the seats on the working group. He was disappointed in the process. III. NEW BUSINESS Ao SB 190 -Mary Jackson & Amy Seitz, aides for Senator Tom Wagoner, participated via teleconference Mary summarized the history of SB 190. Sen. Wagoner's office was asked this yeaz to look at [he makeup of [he Kenai River Advisory Board and revised the bill to include language giving agency members an ex-officio status. The original legislation cut them from the board totally. The bill has gone through the SenaCe process and is in the House currently. Sen. Wagoner's office was surprised that Rep. Kelly Wolf has sCalled the bill in the sub-committee as Rep. Wolf has expressed his concern about changing the membership of the boazd. Further, Sen. Wagoner was surprised that Rep. Wolf has considered amending the bill to add language regarding a prohibition of derbies on the Kenai River. After some board discussion regarding what position to take, a motion was made to recommend that SB 190 be passed. Ted requested that the motion be amended to reflect that the version the board supports if version i, the one that allows agency members to serve as ex-officio members,and notthe version that was handed out at the meeting this evening. Ken Lancaster asked the board if they approve SB 190, version i. Dick H. asked if anyone knew what Rep. Wolf's concerns were in having agency ex- officio members on the board? Ken replied that Rep. Wolf has considered taking out Section 4 that addresses ex-officio members and inserting new language that would restrict derbies on the Kenai River. The idea would mirror the recommended language in - the Kenai River Comprehensive Management Planregarding derbies, with some additional stipulations: - All Derby style events on the Kenai River should be limited to those which do not occur aC the peak of a pazticulaz fishery and are not designed to aCCract large numbers of additional fishers to the river, which do not occur during periods of projected low fish stocks that have been identified by the ADF&G for protection, and which are conducted by a 501(c)(3) non-profit group That returns all of the fends generated to the Kenai River for canservadon or education purposes, minus a reasonable deduction for event overhead and administrative costs. Definitions: "Fish derby" means a contest in which prizes are awarded for catching fish. "Prizes" would be defined as any item of value. "Education purposes" excludes the attempt to influence legislation or referendums and regulatory bodies. Jim G. said he takes issue with this possible amendment from Wolf regarding the Kenai River Classic. He said the original bill's purpose was very specific and it is well known that Wolf has an issue with a specific non-profit organizaCio^ that runs a very successful invitation-only fishing event. This is not appropriate for this bill. Joe C. said-he is in favor of bill as written without any derby changesincluded, and that is the extent of his support at this point. Paul S. said he spoke against this bill several times but noC~as a board member. He said the original bill Chat Lancaster submitted last session had nothing to do with limiting the voting of board members. He likes to sit on a board with Federal and State agencies and thinks they need Tu be able To voie aiso acid Tie does not agree with Giis `uiii oa uiat Topic. Ted W. said during the hearing process that he Certified in favor of the bill with the exception of making the agency people non-voting members. He can't support the amendments about derbies. He is concerned with the wording regarding being an em_~Ioyee of the state and representing a community on the board. He can't support the amendments targeted Cowards derbies, but if the board wants Co take up the discussion separately he will participate in it. Mary J. said that it is their understanding that State employees will no[ be prohibited from being on the board, that the Commissioner has [he authority Yc0 place a State employee on the board, just Chat they will be appointed as ex-officio members. Dave W. voiced his concern"s about the agency members in the public represented seats possibly being left off the board. Paul S; expressed his concerns abouC the lands left off the bill that include over 7000 - acresof landsinthe upper Kenai River watershed. This bill only includes 500 plus acres in the lower'river - Kenai River Special Managemenk Area Advisory Board Minutes Apri115, 2004 Page 2 of 6 Ken L. thought that some of the Cooper Lake/Kenai Lake ]ands should be removed due [o the hydroelectric project. He had no explanation about why,the,other lands were dropped as well. Dtck H. asked what is wrong with having a sponsor add the other lands that were removed years ago. Mary said they were remaved for a reason. Joe C. moves to vote on the current version of SB 190. Seconded by Ted. W. Vote: 10 for 3 opposed This vote was passed on to Mary Jackson for Senator Wagoner. B. Commercial Operator Committee Reports Joe Connors One of the issues the committee has been addressing is the controversy surrounding commercial vehicle registrations. DMV Director Duane Bannock attended the afternoon session as well as this evening's session to address concerns regarding the commercial vehicle registrations for the guides and commercial operators. Duane stated that a vehicle must be registered as a commercial vehicle if it falls under any of the following conditions: • Vehicle of 10,000 Ibs or more unladen weight • Vehicle registered in the Business name • Is the vehicle being used commercially?? Commercial trailer registration requires aone-time fee and provides permanent registration for as long asihat trailer does not change owners.. Unfortunately personalized plates and veeeran plates aze statutorily excluded from commercial registration vehicles. Duane stated that he understands that this is a significant issue and that he is doing all he can do to correct this oversight in the law by trying to attach some language to a bill. C. Kenai River Guide Academy, Gary Turner, KPC Suzanne gave a brief history from the KR Comp. Management Plan regarding aguide- training and testing component She has been meeting with staff from the college and interested guides in developing a draft proposal. It is hoped that this can be in place for next spring. Gary Turner, Director of the Kenai Peninsula College provided a PowerPoint presentation that outlined the ideas in this proposal. The purpose of this program is to educate and train Kenai River guides and rental boat owners on the following topics: Regu]atory Safety Guide Ethics and Etiquette Habitat Conservation. History and Culture - 1"year 2005 -alt new guides and Commercralrental:boat owners/renters would need to attend. Classes would be. held in March, Apnl and May with 20 students each. In 2006 -all guides with less than 5 years experience (effective date.12-31-04) would need to attend. In 2007 -all guides with less than 10 years or less training (effective date 12-31-04) would need to attend. Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 3 of 6 From 2008 to 2010 -all guides with 10 or more years (effective date 12-31-04) would need Co attend. Startingin 2005, other requirements would include that any guide found guilty and convicted of a fishmg/boating violation will have to attend a class and pass within 1 year of the conviction in order to~get htslher 2006 KenaiBiverGuide Permit. This is ad intensive Monday thru Friday 41 hour instruction course. This course will include subjects such as guide ethics, history, wildlife, boat anchoring, river hydrology and biology, understanding Board of Fish and advisory boards. Students will be tested and graded on a 100 multiple-choice test. If they pass that test they will proceed to an oral exam. If they pass both tests then they will be certified. If a student fails the written test portion they can retake it up to 3 more times and if they fail Che oral examination it _ can be given again immediately. If a student fails all of the above tests and re-tests, they will not receive a certification that year. It is important to give credit for experience so guides with 10 or more yeazs experience will have a choice of the written or oral exam. Attendance will be mandatory for all five days and no one will be allowed to challenge the testing. Dick H. asked if [his would have a basis in Zaw. Suzanne said we currently have Che Alaska Administrative Code, which govern Alaska State Pazk regulations. This AAC code currently gives State Pazks authority to require a mandatory orientation or other as needed. It does not speciftcally state a College course but under the "other as needed" language, but we believe we are covered and will be contacting the AG's office regazding this matter. Otherwise, a new regulation may need Co be adopted for this program specifically. .The board touched on the difference between the fishing and non-fishing guide requiremenC of this class and whether it included the whole Kenai River. Gazy said they - did not include non-fishtnggutdes ih this proposal but could be broadened to include them and yes, this does include the entire Kenat River. Motion by Joe C. to approve the guide certification proposal, and seconded by Dave W. Ted W. commended the people who worked on this and believes it is consistent with the Kenai River Pian. He did iakc cxcepiiun with Gai'y' T iu uei'S prupGsai iG inCiude un industry and agency people on the advisory group that develops the proposal and curriculum. He recommended including unaffiliated public members to this board also. Gary said that when they seC up an advisory committee it is for that parCiculaz industry so they can heaz what the industry is. requesting and requiring. The process is not for individual people who do noc have the experience or knowledge of that industry. Ted W said this is an unusual circumstance that needs this amendment because Chis is based on goals of Che comprehensive management plan Chat was formulated by a public group and not just an industry objective. Suzanne F. does not know how to get around [he KPC policy and how [hey create an advisory committee, but believes Yhere will be a Lot of public input as we move through the process. Kent P. satd youwould-need to phase inCO the program because ttiere are going to be challenges Coy+ork tkn'oughand regulations probably needed to implement this. Vote: moaon passed through unanimous consent: Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 4 of 6 D. Changes to Rental Boat program, Bill Berkhahn and Suzanne Filler Suzanne gave a brief history on Park's management of the rental boat program. Bill Berkhahn now goes out and inspects the gear and completesa checklist for that vessel. Commerctal operator committee wanted these boat owners/renters Co attend an orientation and have a more stringent part in the program. Bill B. introduced a new draft pre-departure checklist for all rental boats. The owner/renter is required to go over this with the clients anda copyof t}iis is then kept in the boat. Currently all the businesses have their own checklisYand procedures but this new sheet will make sure everyone is doing the same thing from now on. Jim G. asked what happens if the rental boats ace not in compliance. Bi11 said that action can be taken against the boat owner/renter in the form of a citation. Ted asked if there is a requirement to keep owners from renting boats to incompetent people. Bitl said we can't restrict this, but we can work with the companies to try and correct this problem. Robin made a motion to approve the draft pre-departure checklist proposed by Bill. Joe seconded. Unanimous consent was requested and the motion passed. E. 2004 Education Outreach Program, Jan Yaeger, Kenai River Center 2004 Kenai River Education Programs, Bill Berkhahn, Alaska State Parks Tan is the Kenai River Center's educational coordinator. She said a current project is [he visitor brochure designed to help the visiting fishermen Co the area. This project was finished last year and.is a continuing project. The Semi-Finals For the Lazing for the Kenai program is held atthe KRC each year with finals coming up in the next couple weeks. The KRC has also launchedanew website:' Besides providing a lot of information on rover permits and restoratto^ information, the permit applications are downloadable from the website also. "Last month the KRC hosted the Coastal Dynamics Conference which focuses on communities on the western Kenai Peninsula and issues Chey face related to coastal dynamics, blufF erosion and so on. Currently the KRC is developing a video program related [o riverbank protection targeted to waterfront property owners. This will be available next winter. The final project is a Landowners Guide. This wil( be more inclusive than the general riverbank program. Hopefully a draft will be available this time next year. Bill B. said that he presented an Intro to the Kenai River class on Feb. 9a' and 16s'. 12 adults attended the class, offered by the Comnmrity Schools pro~am. The course covered fishing regulations, boating safety, cold water survival, Kenai River biology and ethics. The annual Coho Carnival will be held on May 4t°. This carnival is sponsored by Fish and Game, and offered to nearly a thousand school children from the Kenai Peninsula. It will be held at Johnson Lake Stafe Recreation Area. On May 8a` the Kenai Peninsula Kids Water Safety Carnival will be held at the old DOT site, with water safety will be Che main issue. After completing the course the kids will have the opportunity to buy a good quality I:'ifejacket for $10. Rangers aze back in the classroom this season offering over 80 classes in boating safety instruction. There is'a new Alaska State Parks Kenai River broehurecurrently available. Bill buefly discussed Rtver Watch, a hew program thaC will help monitor the river for violations and such by having volunteers on the river to provide information to fishermen, deter violations by Cheir presence and help Co maintain this area. Kenai River Special Management Area Advisory Board Minutes Apri115,2004 Page 5 of 6 IV. OLD BUSINESS A. Kenai River Working Group -update on process, Chris Degernes The Director's office received several dozen applications for the Working Group. Gary Morrison made his selections for the group. Gary is also working on securing a facilitator for this process. He is trying to get a facilitator so that the first meeting can be held in the next 4-6 weeks. Gary is aware of the concerns within the community that a legal outcome will be critical. He has received assurance from DNR Commissioner Irwin that the Dept. of Law will have someone available to assist us. Funding for the facilitator might come from two sources including State yeaz-end funds in addition to KRSA committing some funding for this process. B. Kenai River Center Update, Suzanne Filler DNR's Office of Habitat Management and Permitting wrote a letter signed by the Commissioner denying the 7 hook project proposed by Gary Galbraith in the upper river. It is unknown whether Galbraith will oppose this decision. The Boazd has requested that they be kept informed regarding the Riverquest subdivision status. Riverquest's preliminary plat has been approved. The owner has asked for a conditional use permit for 30 tots to exempt them from the 50 ft. habitat protection ordinance. Suzanne is recommending thaC this be denied. Motion made by Paul and seconded by Joe to send letter of support for denial of the Riverquest proposal. Unanimous consent was requested for this motion, and no one opposed it. The Soidotna Urban Bridge permits were written for consrruction of the bridge. I[ is likely that this project will be delayed until 2005. V. PUBLIC COMMENT Herman Fandel, of Kenai, gave his support of the denial for Riverquest. Herman says there are a lot of good guides out there that do a lot of good things for this area and they bring in a tot of money to the iocai community. He said he hopes the Board and working group will take a look at non-guides on the river also. There needs to be some kind of qualifications before these people take a boat on the Kenai River. He supports setting up a limited entry program for the guides. Joe Hanes, Kenai River Guide, is amazed that he has seen no support what so ever for KRSA and the positive improvements they have made to this community and there has been no rebuttal to Rep. Wotf s accusations towards their organization in the paper recently. VI. ADJOURNMENT A. Board Comments Jeff K- complimented Bill on the new brochure. KWF is hosting a community forum on hydrocarbons in the Kenai River on Apri127th. Jim G. kudos to Joe C. and his committee for all the work they have done. Chris D. -also commended Joe and his committee for working so diligently this winter. B. Date/Agenda of Next Meeting May 20`b, 2004 Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 6 of 6