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1 2 3 4 5 VOLUME I 6 7 ALASKA MIGRATORY BIRD CO-MANAGEMENT COUNCIL 8 9 SPRING MEETING 10 11 ANCHORAGE, ALASKA 12 13 APRIL 21, 2010 14 15 Members Present: 16 17 Dale Rabe, Alaska Department of Fish and Game, Chair 18 19 Eric Taylor, U.S. Fish and Wildlife Service 20 Taqulik Hepa, North Slope 21 Ida Hildebrand, Chugach Regional Resource Commission 22 Enoch Shiedt, Maniilaq Association 23 John Reft, Sun'aq Tribal 24 Myron Naneng, Association of Village Council Presidents 25 Molly Chythlook, Bristol Bay Native Association 26 Joeneal Hicks, Copper River Native Association 27 Sandy Tahbone, Kawerak, Incorporated 28 Peter Devine, Aleutian/Pribilof Islands 29 Lisa Kangas, Tanana Chiefs Conference 30 31 32 Fred Armstrong, Executive Director 33 34 35 36 37 38 39 40 41 42 43 44 45 Computer Matrix Court Reporters, LLC 46 135 Christensen Drive, Suite 2 47 Anchorage, AK 99501 48 907-243-0668 49 [email protected]

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Page 1: 1 2 5 VOLUME I 7 ALASKA MIGRATORY BIRD CO-MANAGEMENT ... Files/April 21, 2010.pdf · 2 take a moment of silence if we would. 3 4 (Moment of silence) 5 6 CHAIRMAN RABE: Thank you all

1

2

3

4

5 VOLUME I

6

7 ALASKA MIGRATORY BIRD CO-MANAGEMENT COUNCIL

8

9 SPRING MEETING

10

11 ANCHORAGE, ALASKA

12

13 APRIL 21, 2010

14

15 Members Present:

16

17 Dale Rabe, Alaska Department of Fish and Game, Chair

18

19 Eric Taylor, U.S. Fish and Wildlife Service

20 Taqulik Hepa, North Slope

21 Ida Hildebrand, Chugach Regional Resource Commission

22 Enoch Shiedt, Maniilaq Association

23 John Reft, Sun'aq Tribal

24 Myron Naneng, Association of Village Council Presidents

25 Molly Chythlook, Bristol Bay Native Association

26 Joeneal Hicks, Copper River Native Association

27 Sandy Tahbone, Kawerak, Incorporated

28 Peter Devine, Aleutian/Pribilof Islands

29 Lisa Kangas, Tanana Chiefs Conference

30

31

32 Fred Armstrong, Executive Director

33

34

35

36

37

38

39

40

41

42

43

44

45 Computer Matrix Court Reporters, LLC

46 135 Christensen Drive, Suite 2

47 Anchorage, AK 99501

48 907-243-0668

49 [email protected]

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2

1 P R O C E E D I N G S

2

3 (Anchorage, Alaska - 4/21/2010)

4

5 (On record)

6

7 CHAIRMAN RABE: Good morning everybody.

8 I think we have a majority of the folks. There may be

9 a couple of people still out of the room, but I expect

10 they'll be back shortly here, members of the Council.

11

12 Good morning. I'm Dale Rabe. I am the

13 representative from the State of Alaska. I am the

14 Co-Chair of the Alaska Migratory Bird Co-Management

15 Council in rotation. I am serving as acting chair for

16 a short period this morning because Herman Squartsoff

17 has stepped down as a member of the Council and is not

18 here, so I'm filling in until a replacement from the

19 Native regional representative can be seated once we

20 get into the meeting.

21

22 So the meeting is being recorded. Our

23 recorder is Joe Kolasinski. Folks that are going to be

24 testifying from the public and/or from agency

25 representatives we need to have everything on the

26 record, so we'll ask that folks come up to the

27 microphone during the meeting for the various agenda

28 items that we have. I'm going to remain acting as

29 chair through the first four items until we establish a

30 quorum for this meeting and then we'll see. I assume

31 I'll be replaced at that point.

32

33 Logistics. Donna, do you have anything

34 that you want to announce to the group in terms of

35 bathrooms? Although I understand that the bathrooms

36 since last year have locks attached to them so if

37 anybody needs to use a restroom you need to memorize

38 the code to be able to get yourself into it. We'll try

39 and take breaks at sufficient intervals to allow people

40 to get coffee and step out and stretch their muscles.

41

42 We'll see how long the agenda is. It

43 looks fairly reasonable at this point in time, but it

44 could be that there's more discussion on various points

45 as we get into it.

46

47 So in the traditions in honor of the

48 Management Council, the first agenda item after the

49 call to order is a moment of silence in reflection of

50 -- to give thanks or in reflection of however you

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3

1 acknowledge other spirits and your position. So let's

2 take a moment of silence if we would.

3

4 (Moment of silence)

5

6 CHAIRMAN RABE: Thank you all. The

7 third item on the agenda is seating of alternate

8 representatives. As a representative of the Sun'aq

9 Tribe of Kodiak, we have John Reft who is representing

10 that group. Let's see. We also have from Maniilaq

11 Association Enoch Shiedt.

12

13 Are there any other changes to

14 representation?

15

16 MR. REFT: The resignation of Herman

17 I'd like to state didn't have anything to do with the

18 Council. It was a private matter between a new manager

19 and a few things they asked him to do, which he did not

20 agree with, so he chose to step down, resign. I'm

21 sorry he did, but I've been here off and on with him as

22 alternate for several years and I hated to see him walk

23 away.

24

25 Thank you.

26

27 CHAIRMAN RABE: Okay.

28

29 MS. HILDEBRAND: I'm Ida Hildebrand. I

30 just wanted to inform you that I'm sitting in for Patty

31 Brown Schwalenberg from the Cook Inlet Region or Prince

32 William Sound Region.

33

34 CHAIRMAN RABE: Thank you. Any other

35 changes to the membership for this meeting?

36

37 (No comments)

38

39 CHAIRMAN RABE: Hearing none. The

40 fourth agenda item is a roll call and I'm going to ask

41 -- oh, I should announce that Eric Taylor is officially

42 representing the Fish and Wildlife Service as their

43 representative to the Council for this meeting in the

44 absence of Doug Alcorn. As such, he'll be serving as

45 secretary, so his first order of business would be to

46 do a roll call of membership and establish a quorum.

47

48 MR. TAYLOR: Good morning. The

49 Association of Village Council Presidents.

50

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4

1 MR. NANENG: Yes.

2

3 MR. TAYLOR: Bristol Bay Native

4 Association.

5

6 MS. CHYTHLOOK: Here.

7

8 MR. TAYLOR: Chugach Regional Resource

9 Commission.

10

11 MS. HILDEBRAND: Here.

12

13 MR. TAYLOR: Copper River Native

14 Association.

15

16 MR. HICKS: Here.

17

18 MR. TAYLOR: Kawerak, Incorporated.

19

20 MS. TAHBONE: Sandra Tahbone for

21 Kawerak.

22

23 MR. TAYLOR: Southeast Alaska

24 Inter-tribal Fish and Wildlife Commission.

25

26 (No response)

27

28 MR. TAYLOR: Aleutian/Pribilof Island

29 Association.

30

31 MR. DEVINE: Here.

32

33 MR. TAYLOR: Sun'aq Tribe of Kodiak.

34

35 MR. REFT: Here.

36

37 MR. TAYLOR: Maniilaq Association.

38

39 MR. SHIEDT: Here.

40

41 MR. TAYLOR: North Slope Borough.

42

43 MS. HEPA: Here.

44

45 MR. TAYLOR: Tanana Chiefs Conference.

46

47 MS. KANGAS: Here.

48

49 MR. TAYLOR: Alaska Department of Fish

50 and Game.

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5

1 CHAIRMAN RABE: Here.

2

3 MR. TAYLOR: U.S. Fish and Wildlife

4 Service. Eric Taylor. Thank you.

5

6 CHAIRMAN RABE: Okay. That takes us

7 through number four. What I would like to ask is if

8 there has been -- well, Doug suggested that we needed

9 to do a formal caucus. I don't know where things

10 stand. I don't know if we have a representative that

11 wants to inform the Council of what discussions have

12 occurred or where we stand with regards to seating a

13 chair for this meeting. Do you need to take a caucus

14 at this time?

15

16 MS. HEPA: Thank you, Mr. Chair. We

17 did have a Native caucus this morning and we selected

18 Myron Naneng as our representative to be the chair for

19 this meeting.

20

21 CHAIRMAN RABE: As a question, did that

22 caucus include everybody that has been seated?

23

24 MS. HEPA: The only person that wasn't

25 there was John.

26

27 MR. REFT: The reason why, I wasn't

28 clear from my tribe with the letter to Donna to okay

29 that I'm replacing Herman, but now I am after the fact.

30

31 CHAIRMAN RABE: I will leave it up to

32 the group to decide whether or not you feel the need to

33 reconvene and caucus based on that.

34

35 MS. TAHBONE: Mr. Chair, with that

36 information we can go back into caucus and include

37 John.

38

39 CHAIRMAN RABE: The desire of the group

40 is to go back into caucus, then we will stand down

41 until you've completed your caucus

42

43 MR. REFT: I'm okay with the decision there,

44 Sandra. I don't think we need to go back into a

45 caucus. Thank you.

46

47 CHAIRMAN RABE: Hearing that for the

48 record then, it sounds like there's no need for having

49 a caucus follow up. So at this point I would like to

50 offer Myron if you'd like to come up and chair the

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6

1 balance of the meeting, I'll turn over the chair to

2 you.

3

4 CHAIRMAN NANENG: Good morning. I'd

5 like to thank the Native members of the Alaska

6 Migratory Bird Co-management Council or my co-Co-

7 management Council members for selecting me for their

8 chairman for this meeting.

9

10 I have to disclose that I have to leave

11 here like about 3:30 to go back to Bethel because

12 there's some important issues that we're going to be

13 talking about within the next few days with the

14 solicitors and the Department of Interior office

15 regarding some of the issues that we're talking about

16 here at this meeting, so I have to get back to Bethel

17 to prepare for those.

18

19 So, with that, we'll go on to the next

20 agenda item, item number 5. It's the introductions.

21 First we'll go with the Council around and then we'll

22 go on to the audience.

23

24 MS. HILDEBRAND: Ida Hildebrand,

25 Chugach Region Resources Commission.

26

27 MR. REFT: John Reft, Sun'aq Tribal

28 Council.

29

30 MS. HEPA: Taqulik Hepa representing

31 the North Slope Region.

32

33 MR. DEVINE: Peter Devine representing

34 Aleutian-Pribilof Island Association.

35

36 MR. SHIEDT: Enoch Shiedt, Attamuk,

37 representing Maniilaq in Kotzebue.

38

39 MR. TAYLOR: I'm Eric Taylor. I'm with

40 Fish and Wildlife Service.

41

42 CHAIRMAN NANENG: Myron Naneng with the

43 Association of Village Council Presidents.

44

45 MR. RABE: Dale Rabe with the State of

46 Alaska.

47

48 MR. HICKS: Joeneal Hicks, Copper River

49 Region.

50

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7

1 MS. CHYTHLOOK: Molly Chythlook,

2 Bristol Bay Native Association.

3

4 MS. TAHBONE: Sandy Tahbone, Kawerak

5 Region.

6

7 MS. KANGAS: Lisa Kangas, Tanana Chiefs

8 Conference.

9

10 CHAIRMAN NANENG: Then we'll go to that

11 table over there first and then we'll go across the

12 room.

13

14 MR. NUPOWHOTUK: Mark Nupowhotuk, IRA

15 Council, Gambell.

16

17 MR. KANKUK: Kenneth Kankuk (ph),

18 Native Regional (indiscernible) representing Kawerak.

19

20 MR. JAMES: Michael James, Native

21 Village of Gambell.

22

23 MR. AHMASUK: Austin Ahmasuk, Kawerak.

24

25 MR. BAFFERY: Michael Baffery, Department of

26 Interior.

27

28 MS. ZELLER: Tamara Zeller, Fish and

29 Wildlife Service.

30

31 MS. NAVES: Liliana Naves, Fish and

32 Game.

33

34 MR. ROSENBERG: Dan Rosenberg, Alaska

35 Department of Fish and Game.

36

37 MR. YOUNG: I'm Gary Young, Fish and

38 Wildlife Service, law enforcement.

39

40 MR. MATHEWS: Vince Mathews, Refuges

41 out of Fairbanks.

42

43 MR. LIEDBERG: Paul Liedberg, Refuge

44 manager from Togiak National Wildlife Refuge in

45 Dillingham.

46

47 MR. TROST: Bob Trost, Fish and

48 Wildlife Service and the Pacific Flyway representative.

49

50 MS. BRAEM: Nicole Braem, Subsistence

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8

1 Division, Fish and Game.

2

3 MS. DEWHURST: Donna Dewhurst, Staff

4 for the Council.

5

6 MR. PEDERSON: Mike Pederson.

7

8 MR. BACON: Joshua Bacon.

9

10 CHAIRMAN NANENG: With that I'd like to

11 thank everyone for being here and then we'll go onto

12 item number C. Bob Trost of the Flyway Service

13 representative.

14

15 MR. TROST: Thank you, Myron and

16 members of the Council. It's nice to get a chance to

17 come up and visit with you all again and keep track of

18 what's going on here. I have two items that I would

19 like to discuss with you today just very briefly. The

20 first is I mentioned the supplemental environmental

21 impact statement on migratory bird hunting, which

22 covers all migratory bird hunting activities in the

23 United States.

24

25 As you know, I was actually charged and

26 have been the senior author of that particular

27 document. We expect its release sometime within the

28 next couple of months and we will distribute that to

29 you for your comments. It does cover the process for

30 establishing regulations for subsistence hunting as

31 well as the regulations that apply to all the other

32 folks who hunt migratory birds in the United States.

33 So it is all encompassing in that regard and you will

34 have a direct interest in that.

35

36 For the distribution, I anticipate what

37 we will do is we will send it to Donna and Fred and

38 they will take charge of distributing it out to all of

39 you. It's a fairly lengthy document and we're not

40 planning to print a whole lot of copies of the draft.

41 We'll distribute a lot of it electronically on CD's and

42 if that's acceptable to you, that is probably how

43 you'll get it. If you do need a printed copy, we will

44 make sure that you get one of those.

45

46 The status of this particular document

47 at this point in time is that it has cleared the

48 solicitor's review, the Council of Environmental

49 Quality has had a look at it. All of the internal

50 reviews that have to take place for the Federal

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9

1 government have occurred with the final exception that

2 the Department of Interior solicitor's chief solicitor

3 has to sign off on it yet. At that point it will go to

4 the Environmental Protection Agency and the Service

5 will jointly announce the release with the

6 Environmental Protection Agency.

7

8 I can't tell you how long that will

9 take. As you are well aware, the demands on the

10 solicitor's time are fairly substantial, but we do

11 anticipate it should be released sometime in the next

12 month or two. As soon as it is, we will let you know.

13

14 The other thing that I would like to

15 convey too, the apologies of Ron Anglin. His job in

16 the state of Oregon is such that his legislature

17 required his presence and, therefore, he is not able to

18 come as a representative to this group.

19

20 However, there is an issue that has

21 gone on that we have talked with you several times in

22 the past about, which is the issue of goose

23 depredations in the Willamette Valley, lower Columbia

24 region of Washington and Oregon, where a great many of

25 the Canada geese from Alaska actually winter now. The

26 primary populations that are of interest here are

27 associated with the YK-Delta and we're the source of

28 the YK Delta Goose Management Plan that was signed

29 originally in 1984. These are Cackling Canada geese.

30

31 The agricultural depredation problem

32 became so severe in that particular area that the

33 Oregon state legislature convened a special task force.

34 Ron Anglin is a member of that, as am I. I'm the

35 Federal government's representative on that particular

36 group. But the vast majority of participants are the

37 local farming community. They're looking for solutions

38 for this particular problem. I'm not going to go into

39 the details of this at this time. I think this is an

40 agenda item under other business later in this meeting

41 and if it's not, I would ask the chair if, indeed, it

42 could be included.

43

44 There is a statement that Ron sent, a

45 written statement, that's on the back table and I think

46 many of you may already have received that. It might

47 be a good idea to familiarize yourself with that

48 perhaps at a break or some such. When this topic comes

49 up, there are some specific actions that will be

50 brought before the Pacific Flyway Council this year

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10

1 with regard to this goose depredation issue that I

2 would like to make sure that this Council is aware of

3 and there will be proposals I'm reasonably certain at

4 this point in time before the Service Regulations

5 Committee for certain actions that would deal with

6 regulations.

7

8 When we hit that point in the agenda,

9 we'll give you more details on what the specifics of

10 those proposals will be. But I'm certain that this

11 Council's opinion of those issues would be much valued

12 in the deliberations of what the appropriate course of

13 action should be.

14

15 And with that I would conclude my very

16 brief report, Mr. Chair, and I thank you for the

17 opportunity.

18

19 CHAIRMAN NANENG: Thank you, Bob. Is

20 there any questions for Bob before he gets off the

21 podium.

22

23 (No comments)

24

25 CHAIRMAN NANENG: It sounds like there

26 isn't going to be any. So thanks, Bob, for your

27 report. Ron Anglin, as Bob stated, has to be back in

28 Oregon. I think it was to talk about the Cackling

29 Canada Geese and goose depredation from the YK Delta,

30 we've tried to work with the Oregon farmers on their

31 issues regarding farmland and plant depredation. So if

32 any of you have the opportunity to go down to Oregon

33 and see what the birds do and then reproducing in

34 numbers in the YK Delta or in the state of Alaska, I

35 think you ought to take that opportunity at some point

36 in the future.

37

38 So, with that, we'll go on to item

39 number 6, review and

40 adoption of the agenda.

41

42 MS. HEPA: Mr. Chairman. I make a

43 motion to approve the agenda as presented, but I'd like

44 to pull from the consent agenda items the North Slope

45 Region.

46

47 MS. HILDEBRAND: Mr. Chair, I second.

48

49 CHAIRMAN NANENG: Motion made and

50 seconded. Any further discussion on the motion to

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11

1 adopt the agenda. Yes.

2

3 MR. RABE: Mr. Chair. It may be that

4 I'm not reading the agenda clearly, but I'm not sure

5 that I see an agenda item under other business that

6 would deal with the depredation question that Bob Trost

7 just brought up. If it's there and it's disguised in

8 its wording, I'm fine. Otherwise I would recommend an

9 amendment or a change to the agenda to have that added.

10

11

12 MR. ROSENBERG: Bob and I have looked

13 at that agenda. We thought the appropriate time might

14 be when I'm on the agenda to discuss the conservation

15 (away from microphone).

16

17 MR. RABE: Okay. It is there then, but

18 it is well disguised.

19

20 MR. ROSENBERG: Well, it wasn't

21 obvious, so we decided that might be a good time.

22 However, we would like to be assured that we do it

23 while Myron is still here. So as long as we can do it

24 before. Bob has to leave after today also, so it would

25 be nice if we could fit it in before 3:00 o'clock.

26

27 MR. RABE: Okay.

28

29 MR. ROSENBERG: But we could also make

30 it a separate agenda item. We just wanted to make sure

31 it got in, so we were going to put it in there.

32

33 CHAIRMAN NANENG: Since Eric is going

34 to be talking about the migratory bird population and

35 trends, I think that we can move that up to under new

36 business as C before we get to the consent agenda.

37 Make it item C and then make the consent agenda D.

38 There's been a request to pull the North Slope and

39 that's been seconded. Any further discussion on the

40 agenda. Yes.

41

42 MR. TAYLOR: Just as a point of

43 clarification, regarding the statement from the state

44 of Oregon regarding Cackler depredation, I believe the

45 handout is on the back table. It's not included in the

46 binder. Is that correct, Donna? The one-page handout.

47

48 MS. DEWHURST: It's on the back table.

49 I can pass it out.

50

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12

1 MR. TAYLOR: As Bob mentioned, I think

2 it would be good for the Council at some point to read

3 the one-page handout, possibly before the discussion.

4 I think it might clarify the situation. Thank you.

5

6 MS. HEPA: Call for question.

7

8 CHAIRMAN NANENG: The question has been

9 called for. All i favor say aye.

10

11 IN UNISON: Aye.

12

13 CHAIRMAN NANENG: Those opposed say no.

14

15 (No opposing votes)

16

17 CHAIRMAN NANENG: Motion carried.

18 We're down to item number 7, invitation for public

19 comments. Anybody from the public want to make any

20 comments on any of the issues that we're going to be

21 talking about.

22

23 (No comments)

24

25 CHAIRMAN NANENG: If there are no

26 public comments, then we'll go on to the next agenda

27 item, which is item number 8, the adoption of Council

28 action items from fall September 29th through October

29 1st meeting in Nome.

30

31 MS. HEPA: So moved, Mr. Chair.

32

33 CHAIRMAN NANENG: Motion made by

34 Taqulik. Is there a second.

35

36 MR. DEVINE: Second.

37

38 MR. HICKS: Second.

39

40 CHAIRMAN NANENG: Second by -- two

41 seconds. Any further discussion on the motion to adopt

42 the action items.

43

44 UNIDENTIFIED SPEAKER: Question.

45

46 CHAIRMAN NANENG: The question has been

47 called for. All in favor say aye.

48

49 IN UNISON: Aye.

50

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13

1 CHAIRMAN NANENG: Those opposed say no.

2

3 (No opposing votes)

4

5 CHAIRMAN NANENG: The adoption of the

6 Council actions is done. So we're down to item number

7 9, regional reports, regional meeting updates, interest

8 of concern. Council members. This is an opportunity to

9 talk about some of the issues that we've had this past

10 year. Lisa.

11

12 MS. KANGAS: Lisa Kangas from Tanana

13 Chiefs Conference. We had our spring meeting April

14 5th. It was a teleconference and there were a couple

15 of items, issues that came up. The first one is pretty

16 minor. We were talking about the structure of our

17 Council. Not this one, but our Regional Council. So

18 there may be changes. We're going to have another

19 teleconference next May as far as representation and

20 just the order of our Council.

21

22 The second issue was brought up by the

23 Yukon Flats region and they submitted a resolution,

24 which was passed at the TCC convention in March. I

25 don't have copies, but we do plan on putting this into

26 proposal form this December. I'll go ahead and read it

27 out.

28

29 The harvest of subsistence food by the

30 indigenous people of TCC. Whereas the indigenous

31 people of Alaska have relied upon the harvest of spring

32 waterfowl for generations;

33

34 And whereas the harvest is limited to

35 Alaska Natives who have permanent residence of an

36 included area of the state;

37

38 And whereas State and Federal agencies

39 have interpreted this provision to prohibit the

40 transportation of legally harvested waterfowl from

41 included areas to excluded areas;

42

43 And whereas the Migratory Bird Treaty

44 Act specifically authorizes the harvest of spring

45 waterfowl by Alaska Natives living in and from excluded

46 areas subject to specific provisions;

47

48 And whereas the Alaska Migratory Bird

49 Co-management Council, AMBCC, has never adopted

50 regulations or proposals to clarify the exact process

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14

1 on how these provisions will be implemented;

2

3 And whereas conflicts and confusion has

4 contributed to jeopardizing the customary and

5 traditional harvest of migratory birds;

6

7 And whereas our tribal members are

8 being prosecuted for feeding their families and

9 relatives in urban areas such as Fairbanks and other

10 larger cities. These birds are being harvested

11 legally. Officials check our freight boxes for wild

12 game and other subsistence resources that we intend to

13 send to elders and family.

14

15 Now therefore be it resolved by the

16 delegates of the 2010 annual TCC convention that the

17 AMBCC take the immediate steps necessary to prevent

18 such actions being taken by State and Federal

19 enforcement agencies during the spring migratory bird

20 harvest by Alaska Natives.

21

22 This was signed by the full board of

23 directors of TCC and it's basically just an issue of

24 people coming from outside of the village who still are

25 tribal members and the tribes want it to be up to them

26 to recognize who can and cannot hunt in their area as

27 long as they're tribal members. So they've been having

28 issues of being hassled by law enforcement when it

29 comes to bringing food out of the village or sending it

30 to elders.

31

32 Those were the issues.

33

34 CHAIRMAN NANENG: Any questions to Lisa

35 regarding the resolution from Tanana Chiefs.

36

37 MS. TAHBONE: Mr. Chair.

38

39 CHAIRMAN NANENG: Sandy.

40

41 MS. TAHBONE: Which committee would

42 that go to, I'm wondering.

43

44 CHAIRMAN NANENG: I think it would go

45 to the Harvest Committee as well as law enforcement.

46 That request for people from outside of the village

47 that are tribal members to be able to hunt was part of

48 the negotiations of the Migratory Bird Protocol

49 Amendment and it was adopted by the group and

50 recognized by all the negotiators as being part of the

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15

1 language. The details have to be worked on, but I

2 think that Fish and Wildlife Service or the State

3 should not be enforcing laws without due cause or

4 something like that, you know. Excuse the terminology,

5 but if they're doing that, it seems like our people are

6 being picked on for trying to harvest birds that

7 they're used to feed their families. Do you have an

8 explanation?

9

10 MS. DEWHURST: Yeah, Donna Dewhurst.

11 The existing regulations, and it's not in the public

12 book, but in the full regulations, it's in the Federal

13 Register, does allow for invitations out to a village,

14 so the village can invite folks to come out to the

15 village to harvest.

16

17 Where the sticky point is and what you

18 brought up is there's no provision that I'm aware of to

19 allow people to bring food out to let's say relatives

20 in Fairbanks or Anchorage or whatever. So right now

21 the regulations do allow for folks to be invited to

22 come out, but the problem is there's no provisions in

23 the regulation to bring the food back to Fairbanks or

24 back to Anchorage, so that would be kind of the point

25 to hone in. I can help you when you develop their

26 proposal and try to hone in on that and focus it on

27 that. That's where there's a real gap in the

28 regulations right now.

29

30 CHAIRMAN NANENG: Thank you. One of

31 the things that was discussed during the negotiations

32 that by invitation you're able to hunt out in your area

33 where you're from if you're invited by the tribal

34 council. It also assumed the fact that you're able to

35 bring back the waterfowl to be able to be eaten as food

36 for you. If we start regulating that, I think they

37 ought to start regulating grocery-bought or store-

38 bought food too as well because for many of our people

39 the land is the source of food for many of our people.

40

41

42 It seems like the Service is making

43 assumptions without any discussions with the Alaska

44 Migratory Bird Co-management Council on these things

45 that I think are not written and I think that we need

46 to sit down and identify those where Fish and Wildlife

47 Service or the State of Alaska are making assumptions

48 on these saying because it's silent on those things as

49 if to say that it's illegal to bring food back from the

50 villages and it seems like if you're doing it on

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16

1 migratory birds it might end up being on everything

2 that you gather as a food source from within your

3 villages. So I don't agree with that interpretation.

4

5 MS. HEPA: I just wanted to support

6 those comments because in all the regions, in our

7 Native culture, it is a customary and traditional

8 practice for us to share resources. Many Alaska

9 Natives live in urban Alaska and it is a practice that

10 we have done for many years to share, to barter. When

11 we travel to Anchorage, we bring marine mammals,

12 caribou, birds. To create laws to stop us from doing

13 that is a shame and I think that we need to keep that

14 in our minds. We want to continue our traditional and

15 cultural practices and that is a big one to all of our

16 cultures.

17

18 CHAIRMAN NANENG: Any other comments.

19 Enoch.

20

21 MR. SHIEDT: Yeah, I think it's

22 ridiculous where we can't send our relatives meat,

23 whatever, because we've been doing it, we've been

24 practicing it for years, that we share no matter where

25 our relatives are at. Legally, these are legally

26 caught birds, so what's the difference. It's just

27 wrong. When I send caribou, they're legally caught

28 caribou. When I do fish, it's legally caught fish and

29 birds too. So I think this is ridiculous. I'll

30 support that proposal or whatever comes up where we

31 could ship it.

32

33 CHAIRMAN NANENG: Joeneal.

34

35 MR. HICKS: I support the resolution

36 also. In our particular region, we are like border to

37 TCC region. In other words, the Copper River and the

38 Tok district I guess you could say. In the Tok

39 district we have relatives from Northway all the way up

40 to Healy to Dot Lake, et cetera, in that particular

41 area. We travel back and forth between Mentasta and

42 Northway or let's say Dot Lake, wherever it might be,

43 to harvest these birds. To do hunting activities let's

44 say. From what I understand it's saying I can't go

45 outside of my boundaries and take those birds back

46 home. Is that what I'm hearing? If that is so, there

47 seems to be something wrong with the regulations if

48 that's correct.

49

50 I do have relatives that live in

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17

1 Fairbanks. They come home always during the summer.

2 They stay during the summer and then they go back to

3 Fairbanks for the winter and it's always my

4 understanding that when they do come to Mentasta, for

5 instance, they harvest these birds, they harvest the

6 fish, they harvest the meat, whatever it might be, they

7 take it home and I don't have a problem with that and

8 I've always seen it as a traditional use of food. When

9 regulations start saying that I can't do this, can't do

10 that, it really concerns me.

11

12 MS. DEWHURST: Just for clarification,

13 the regulations are silent on that point right now,

14 meaning it's not illegal and it's not legal. So an

15 enforcement officer couldn't technically enforce it

16 right now, but you also couldn't argue that it's

17 illegal activity. So right now we're kind of in limbo

18 on that. It's silent. We don't exactly address it.

19 We also don't say emphatically it's illegal. So it's

20 one of those deals where the regulations are silent on

21 it. They are clear that you can't invite somebody out,

22 but they're silent on barter or customary trade kind of

23 things.

24

25 CHAIRMAN NANENG: Enoch.

26

27 MR. SHIEDT: Yeah, the one you just

28 brought up there, I've got a concern about it. This

29 happened in Kotzebue where someone was bringing another

30 bird to another town. The guys at the airport will ask

31 what they have in their box and I tell them you don't

32 tell them that. The old man didn't understand. He

33 told them he had birds in there and the officers at the

34 -- what they call those, security people at the

35 airport, make him take his birds down. I told him you

36 have no reason. You are not the bird enforcer. I said

37 let him take it. To tell you the truth, I turned

38 around and I bought a box and I wrapped it in front of

39 the guy and he did not question me about it. I shipped

40 it for that old person here in Anchorage.

41

42 MS. DEWHURST: Within the included area

43 it's perfectly legal to trade, share, whatever. Where

44 we get into the gray area is sharing or giving outside

45 the included area, namely Anchorage, Fairbanks,

46 Southcentral. Any areas that are not in the included

47 area. The regulations are clear that you can trade,

48 share, barter within the included area. So that's

49 where the sticky part is, is going outside of the

50 included area, like Anchorage or Fairbanks. Just to

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18

1 try to clarify what the regulations say right now.

2 That's where she could quite easily submit a proposal

3 and we can address this next year and try to clarify

4 it.

5

6 CHAIRMAN NANENG: Ida.

7

8 MS. HILDEBRAND: Thank you. Mr.

9 Chairman, this concerns me gravely. It's the

10 prerogative of the tribes to define their membership

11 and it's also the prerogative of tribes to define our

12 cultural traditions and practices. It is not the

13 prerogative of any agency, Federal or State, to define

14 who our membership are, what our membership are, or our

15 customary and traditional practices. That I believe is

16 part of the problem of both the Federal subsistence

17 program, the State of Alaska and this program, is to

18 allow by regulation to take away who we are as a

19 people. We are indigenous people. We have lived here

20 for millennia and we have cultural practices, beliefs,

21 spirituality and a myriad of values that come with our

22 hunting and gathering practices. I take great offense

23 that this is being regulated away from us. Thank you.

24

25 CHAIRMAN NANENG: Any other comments?

26 Sandy.

27

28 MS. TAHBONE: Sandy Tahbone. This

29 issue -- I know how region was working on it because it

30 was an issue that was raised by this Council and I know

31 it was delegated to a committee of sorts. I know we

32 had discussions at the regional level and somewhere

33 along the line it just fell off the radar

34 it just fell off the radar. Other pressing issues just

35 took over its place, but I think it needs to be put

36 back on the table again.

37

38 I know we had -- within our region at

39 the meeting we had last week and we asked law

40 enforcement because I had heard from other regions that

41 this was becoming an issue with law enforcement and so

42 we asked our agent who's in charge of our area, what

43 the policy of law enforcement would be regarding people

44 -- non-residents harvesting under the spring and summer

45 as well as transport of the birds. So I think we

46 definitely need to put this back on the table.

47

48 CHAIRMAN NANENG: Thank you, Sandy.

49 Dale.

50

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19

1 MR. RABE: Thank you, Mr. Chair. We do

2 have a representative from enforcement and I don't want

3 to put him on the spot, but I do have a question

4 because I guess I haven't really thought about the

5 regulations governing these activities, but within

6 State regulation there are regulations that are

7 permissive unless excluded and they're also regulations

8 that are not allowed unless explicitly included. I

9 don't know in this case how the regulations exist when

10 a particular topic is not specifically identified, nor

11 how it's enforced when it falls into that category and

12 whether or not that's leading to some inconsistency, as

13 Lisa is pointing out.

14

15 If anybody has any technical

16 information to help enlighten that, I'd be interested.

17 It looks like Gary may be coming to the table.

18

19 CHAIRMAN NANENG: Dale, for putting him

20 on the spot, we'll welcome him up to the table.

21

22 MR. YOUNG: Thank you, Mr. Chairman.

23 Dale. I'm Gary Young with the law enforcement office

24 here. I think Donna has addressed it pretty clearly as

25 you can be. It is a gray area and I'm not sure what

26 specific instances you're referring to where law

27 enforcement has checked the people at the airport or

28 wherever it might have been, but we can certainly look

29 into that. I'm assuming you were talking to Mike Wade

30 in Nome. It is a

31 practice and it's not explicitly these excluded areas.

32 It's not a priority for us to go looking for birds that

33 are being shipped for traditional uses. So I don't

34 know how else I can address what else Donna has already

35 said.

36

37 MR. RABE: Follow up.

38

39 CHAIRMAN NANENG: Go ahead

40

41 MR. RABE: Gary, with regards to the

42 more technical question, do you know, are these

43 regulations permissive unless specifically denied or

44 precluded?

45

46 MR. YOUNG: That's correct, yes. Under

47 the Migratory Bird Treat Act it usually specifically

48 defines what is illegal, not what is legal. What's the

49 legal method for taking a bird.

50

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20

1 MR. RABE: So is it reasonable then

2 your interpretation would be that if these regulations

3 are moot on the point, then it's still legal.

4

5 MR. YOUNG: That's correct, yeah.

6

7 CHAIRMAN NANENG: Sandy.

8

9 MS. TAHBONE: My understanding is right

10 now if a law enforcement officer was to approach an

11 individual that obviously had been harvesting migratory

12 birds, the law enforcement officer can ask the

13 individual for his license, which would show his

14 residency and if that residency was Anchorage, so

15 obviously that's not -- you know, he's not a resident

16 from the area that's included within our regulations,

17 so he could be cited regardless of his affiliation with

18 any tribal government in that area or whether or not he

19 has permission from that tribal government to harvest

20 because we don't have a provision currently that

21 provides for that.

22

23 MR. YOUNG: That's correct.

24

25 MS. DEWHURST: There is an invitation

26 provision. They can be invited. That is not an

27 illegal activity, but they have to be able to

28 somehow.....

29

30 MS. TAHBONE: Show.

31

32 MS. DEWHURST: Well, they have to be

33 able to say I talked to tribal member so and so and I

34 was invited out. They don't have to have any written

35 proof, but just to be able to say that I was invited

36 by.....

37

38 MS. TAHBONE: Sandy?

39

40 MS. DEWHURST: Yeah, sure, Sandy of

41 Kawerak and that's all they would need to do.

42

43 MS. TAHBONE: Why would you have to

44 have of Kawerak?

45

46 MS. DEWHURST: I believe the right -- I

47 don't have them in front of me, but I believe they say

48 by the local tribal organization.

49

50 MS. TAHBONE: Yeah. What I'm saying

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21

1 right now, we don't have any of that in place. So

2 technically they could be cited.

3

4 MS. DEWHURST: No, I don't think so.

5

6 CHAIRMAN NANENG: No, they cannot be.

7 They cannot be cited. We had a lot of discussion on

8 this during the negotiation of the Migratory Bird

9 Treaty. We were concerned about many of our fellow

10 members who may be living in Anchorage or Fairbanks or

11 elsewhere that would like to be able to eat some birds

12 during springtime or during the fall time, you know,

13 through the season when the birds are here. So the way

14 to get around that excluded area was to be able to have

15 an invitation by the tribal government from the village

16 where that individual is from.

17

18 We went through this back and forth for

19 a long time with other entities, like the Audubon

20 Society, Fish and Wildlife Service, the International

21 Association of Fish and Wildlife Agencies. It was

22 agreed by everyone that if you live in Anchorage or

23 elsewhere outside of the village, you can be invited to

24 come and hunt birds.

25

26 It was also assumed that if you hunt

27 birds, you're not necessarily hunting birds for just

28 the family in the village but you're also -- it was

29 also assumed that you'd be able to take those birds

30 back to wherever you're from and be able to eat them

31 because, you know, the Yup'ik cultures and Alaska

32 Native culture for that matter is always preparing for

33 the next season. The birds are only here for a certain

34 time period and you're preparing and storing food for

35 the winter or other times whenever you get tired of

36 eating McDonald's or other fast food stores or even

37 from Carrs. If you want food, it's a Native culture.

38 It helps the spirit of the individual. That was how we

39 came about this.

40

41 Thank God it was Jonathan Solomon from

42 Fort Yukon who thought of that idea of inviting people

43 because people were just trying to exclude Alaskan

44 Native people who live in urban centers from being able

45 to hunt and Jonathan Solomon had the wisdom to say

46 let's have an invitation provision on the Migratory

47 Bird Treaty to allow for our own people to come back

48 and hunt. As far as we understood, it did not preclude

49 them from being able to bring back the birds to

50 wherever they lived for them to eat. So that's the way

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22

1 we understood and that's the way we came away from the

2 table.

3

4 It seems like because it's silent --

5 there seems to be assumptions by the agencies that

6 because it's silent it's illegal for people to go out

7 and hunt and bring back waterfowl for food. Is there a

8 law against eating food? As far as I know, there

9 isn't. And it seems like the Agency is picking out

10 things and saying it's illegal because it's silent on

11 that matter. We may have to deal with having to go

12 along with trying to clarify that so the Agency and law

13 enforcement can have a better idea of how to deal with

14 this issue. You can't assume that somebody is a

15 criminal under the probable cause unless you really

16 have -- unless somebody reported the fact that you

17 harvested something illegally.

18

19 It seems like as far as I'm concerned

20 an effort to reduce our subsistence activities for our

21 people to harvest migratory birds even though it was

22 legalized. So I'll just make those comments based on

23 what I know from the time that we were a party to the

24 negotiations back in the 1990s until 1997 when the

25 Migratory Bird Treaty Protocol Amendment was adopted.

26

27 MR. REFT: Mr. Chair. Yeah, John Reft.

28 It fine for us to

29 be at this table where we can discuss this and then we

30 could go back amongst ourselves saying, yeah, well, we

31 could do this and, you know, it wasn't right. But, Mr.

32 Young, our problem is protection officers that don't

33 know what the regulations are. When they stop you out

34 there when you know that you are in the right to do

35 something, then it becomes like a form of harassment

36 where they make you stop and you can't go on doing your

37 fish or your birds, whatever, and that to me is not

38 good.

39

40 Those officers, when they come out on

41 the ground, should know what is right and what is wrong

42 and not take up our time to argue with them and

43 eventually you end up packing up and going home because

44 the officer says you can't do this. You can go to the

45 Agency and they'll say, well, yeah, you can. Well, you

46 reprimand that officer. You teach them guys what their

47 duty is and what we're allowed to do and don't confront

48 us if you don't know what you're doing. That's

49 basically the problem I run into and I've seen. Thank

50 you.

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23

1 MR. YOUNG: I agree with you 100

2 percent. Thank you for the comment.

3

4 CHAIRMAN NANENG: Any more comments

5 regarding this? Sandy.

6

7 MS. TAHBONE: So I got two messages.

8 What I heard is, one, they won't get cited, but that's

9 not the way I understand it right now. Can you give me

10 your understanding if you were to encounter an

11 individual harvesting migratory birds in the spring in

12 Nome and they did not -- their residency showed that

13 they were not a resident of Nome or the surrounding

14 area and were a resident of Anchorage, what would the

15 action be?

16

17 MR. YOUNG: Relying on Donna's comments

18 and the specifics to invitational hunters, that person

19 would not be cited.

20

21 MS. TAHBONE: So how would you know

22 that they were invited?

23

24 MR. YOUNG: Donna can address that or,

25 as she's said, it can be.....

26

27 MS. TAHBONE: I mean she's not going to

28 be there. Your officer's there.

29

30 MR. YOUNG: That's right.

31

32 MS. TAHBONE: So it's between your

33 officer and the person that's harvesting.

34

35 MR. YOUNG: That's correct.

36

37 MS. TAHBONE: And if their

38 identification, what they're showing, whether it's on

39 their hunting license or driver's license or whatever

40 that they're having to show proof of residency to the

41 law enforcement officer and it shows they're a resident

42 of Anchorage, what is that officer going to do?

43

44 MR. YOUNG: Based on the regulation

45 that invitational

46 hunters are allowed, then the officer can determine if

47 that person has, in fact, been invited to hunt.

48

49 MS. DEWHURST: In these discussions,

50 and I'm relying on my memory because it's been several

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24

1 years ago, there was discussion of having a card or

2 having to have written proof and this went round and

3 round and from what I remember people did not want to

4 have to go through that hassle of having to have --

5 while they were hunting having to have a letter with

6 them or having to have a card with them or having to

7 have some sort of written proof with them. So, from

8 what I remember, that was taken out. They didn't have

9 to have written proof with them while they were

10 hunting.

11

12 Verbal was okay and if the officer --

13 if that person said I was invited by Sandy Tahbone,

14 then that officer would have the prerogative to go back

15 and ask you did you invite them if they wanted to, if

16 they wanted to check up on it, but written proof was

17 not required specifically from what I remember. That

18 was a big issue that went round and round for I think

19 one or two years and that was the decision, was they

20 didn't want to have the burden of having to have a card

21 or a letter with them while they were hunting.

22

23 CHAIRMAN NANENG: Molly.

24

25 MS. CHYTHLOOK: Thank you. Molly

26 Chythlook. So many of our

27 regulations, both State and Federal, seem to try to

28 coincide with each others. I know with the State and

29 Federal regulations so many times they try to get them

30 to work together. With this issue, maybe because

31 sports hunting people are in right with everything they

32 do, the subsistence hunters are having to meet so many

33 do's and don'ts, and the sporthunting hunters seem like

34 they're just silent. We haven't discussed any issues

35 about them. We don't even know what they harvest and

36 they're able to harvest birds and just take the breasts

37 and throw the rest of the food away. So I think that

38 there needs to be an equal footing on how the sports

39 hunting regulations are treated versus subsistence

40 regulations.

41

42 It's so disheartening to sit here and

43 listen to all of this and then to have to go back to

44 our communities and our regional reps to try to explain

45 all these inconsistencies that are happening between

46 our subsistence harvesters and other harvesters that

47 are also here to harvest for food. So I think we need

48 to take a look at this. I know that it's a heartache

49 to have all these do's and don'ts for subsistence

50 hunters that are here to harvest, they've harvested

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25

1 forever, we don't waste and we eat everything that are

2 harvested versus de-boning and just taking breasts for

3 food use. Thank you.

4

5 CHAIRMAN NANENG: Enoch.

6

7 MR. SHIEDT: Yeah, this is a touchy

8 issue in my area also because I'm surrounded by Federal

9 lands, yet the agencies are talking with the troopers

10 that if they don't have duck stamp, they're going to

11 start citing them. I tell them it wasn't in place yet,

12 but it was done by solicitors here years ago when we

13 had a concern about it and they enforce it. It's not

14 really you guys, it's what we all see is happening in

15 our town. It's happening to people. The state

16 troopers are doing the citations and stuff like that.

17 Not only that, the Federal Park Service, different

18 land, they've got enforcers also. We're being covered

19 and they're pushing it and we didn't want it to begin

20 with.

21

22 It's an issue also when they ship birds

23 out of town. I could go to Carrs right now and buy

24 young birds and take it to Kotzebue. To me what you're

25 saying is it's okay for Carrs to sell birds and yet we

26 put food on the table and we purchase it, yet we can't

27 ship it to my relatives somewhere else.

28

29 CHAIRMAN NANENG: Any other comments on

30 this issue. Peter.

31

32 MR. DEVINE: Yes, thank you, Mr. Chair.

33 It's pretty interesting because in our regional

34 teleconference we had for Aleutian Pribilof region, we

35 invited the refuge manager to participate. One of the

36 things she wanted to know was is it okay for a person

37 from Iowa who lives in Cold Bay one month out of the

38 year able to participate in our subsistence harvest for

39 spring and summer. I told her no. So then she said,

40 well, if he's here for two months out of the year, can

41 he participate, and he's like no. So then she went on,

42 well, if he's participating, how do I identify him.

43 They said, well, if he has an out-of-state ID card, you

44 better be asking him for his duck stamp and his hunting

45 license. I mean this is from a refuge manager, so it's

46 kind of crazy. But I told them that we're working on

47 some form of identification, you know, tribal member

48 card or something.

49

50 But I guess they're out there actively

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26

1 looking for people. They wanted to know about the

2 regulation book and I told her it's the same as the

3 year before and we touched on the Brant issue that she

4 was not aware of on why we shorten up that season. I

5 mean it should be right there in their files. I'll

6 touch more on this later. Thank you, Mr. Chair.

7

8 CHAIRMAN NANENG: Thank you, Peter.

9 Any more comments regarding the issue raised by Tanana

10 Chiefs. Sandy.

11

12 MS. TAHBONE: So how are we going to

13 deal with their request? I heard Donna say one thing

14 about helping them with the regulation or drafting a

15 regulation. How are we going to deal with this issue?

16

17 CHAIRMAN NANENG: One of the things

18 that I've learned over

19 the years in working with the migratory bird issues and

20 I've been involved with AVCP since about 1984, if the

21 law is silent on one of these issues you continue to

22 practice your traditional customary and tradition and

23 that's the way that we've always lived, but if law

24 enforcement is coming around, I don't know if this is

25 trying to enforce this. Because it's silent it's

26 creating an issue that I don't think should necessarily

27 create an issue. Like I stated earlier, I don't think

28 we need to be regulated to death on everything that we

29 do. Eventually they'll start regulating us and asking

30 us to have license to go to the bathroom. That can be

31 as bad.....

32

33 MS. HILDEBRAND: We already have a

34 code.

35

36 CHAIRMAN NANENG: So I would rather

37 that we not have as regulations. And that code number

38 is one thing that is regulating you already in a

39 Federal building or Federally leased building for that

40 matter.

41

42 MS. TAHBONE: Mr. Chairman. I think at

43 a minimum though we

44 should at least have a law enforcement policy regarding

45 this so that we have an understanding and our

46 harvesters have an understanding of how law enforcement

47 is going to deal with this issue.

48

49 CHAIRMAN NANENG: Ida.

50

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27

1 MS. HILDEBRAND: Thank you, Mr.

2 Chairman. I agree we

3 shouldn't be regulated to death. As far as this issue,

4 to me it seems it is the responsibility of law

5 enforcement to inform their personnel that the issue is

6 moot, that this is allowed, and if they have concern,

7 law enforcement can contact the local tribe. Thank

8 you.

9

10 MS. DEWHURST: I was just inform by

11 Colleen that they're

12 going to shut off the water for about 45 minutes to an

13 hour and

14 so this might be a good time to take a five minute

15 bathroom

16 break.

17

18 CHAIRMAN NANENG: Then we'll take a

19 five minute break and I think one of the things that we

20 need to do is that law enforcement should inform their

21 law enforcers that if it's silent that shouldn't try

22 and create an issue because one of the things that

23 we're trying to do is work cooperatively and co-manage

24 the migratory bird issue and when things like this come

25 up without informing the Alaska Migratory Bird Co-

26 management Council creates problems and issues that we

27 have to deal with and that ends up being like a co-

28 management, so I think that's a reasonable request.

29

30 With that we'll take a five-minute

31 break. Remember the code and the regulation.

32

33 (Off record)

34

35 (On record)

36

37 CHAIRMAN NANENG: We'll go ahead and

38 call the meeting back to order. I hope everyone was

39 able to remember the codes to the restrooms and take

40 care of business. Any more discussion on the Tanana

41 Chiefs discussion regarding checking of bags for

42 hunters that were invited or have gone out to their

43 villages to hunt birds. Lisa.

44

45 MS. KANGAS: Mr. Chair. Thank you

46 everyone for your input. Right now I'm going to take

47 this information back and get in touch with the author

48 of this resolution. I was just wondering what you

49 guys's stance, your regions, on this issue. Do you

50 think that we should put down a minimum -- I don't want

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28

1 to say regulation, but just an awareness for the entire

2 state as far as this issue goes.

3

4 CHAIRMAN NANENG: Anybody has any

5 comments to that? Ida.

6

7 MS. HILDEBRAND: An awareness, do you

8 mean like a statement in the regulations, if the

9 regulations are silent, then it's an acceptable action?

10

11 MS. KANGAS: Yes, yes, and then just to

12 keep it statewide.

13

14 CHAIRMAN NANENG: Any comments from the

15 state representative

16 on this issue?

17

18 MR. RABE: No, Mr. Chairman.

19

20 CHAIRMAN NANENG: Eric, from the

21 Federal side, any comments?

22

23 MR. TAYLOR: No comment.

24

25 CHAIRMAN NANENG: Thank you. We'll

26 request that staff from AMBCC coordinate and maybe,

27 Donna, you can make that part of the communications

28 with the regional organization as well as with the Fish

29 and Wildlife Service as well as the State as well.

30 Thank you, Lisa.

31

32 Any other regional reports or updates.

33

34 MR. HICKS: Mr. Chair.

35

36 CHAIRMAN NANENG: Joeneal.

37

38 MR. HICKS: Mr. Chair, I have a report.

39 The Copper River Region held a meeting on March 12th.

40 These are some of the action items that was done. One,

41 we adopted a set of bylaws that actually officially

42 recognizes the Copper River Migratory Bird Subsistence

43 Committee. There was discussion on predator control

44 concerning fox and owl of migratory birds and their

45 eggs and we wanted some study to that effect to see how

46 much predation is occurring between fox and owl on

47 migratory birds and their eggs.

48

49 There was a question on the permanent

50 hunting license for those who are 60 years or older.

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29

1 Are they required to hold any duck stamp? I believe I

2 already got that answer, but I want to defer that to

3 somebody else who would answer that question to this

4 entire body because I believe there is a question there

5 in that regards as to whether it's legal to not have a

6 hunting license or a Federal duck stamp and a State

7 duck stamp if you're over age 60. In other words, if

8 you're over age 60, you hold a permanent hunting

9 license, and is that required. So I would leave that

10 to the representative to answer that question when I

11 get through with my report.

12

13 The regional committee also said that

14 they would advocate for a fall subsistence migratory

15 bird hunt. They asked that we look into grants for

16 educating the community or the use in regards to the

17 harvest of migratory birds such as identifying them,

18 gun safety, subsistence representation, building more

19 youth awareness and even making a video to that effect.

20

21

22 Last year with the grant that we have

23 we held a youth camping trip. In other words, taking

24 youths out into the field to teach them how to harvest

25 and use migratory birds as well as any other kind of

26 game animals that we come up on. In other words, the

27 idea was to take them out there without pop, no candy,

28 no cell phone, whatever and just pretty much try to

29 live off the land and learn from that particular trip.

30 It was successful; however, the camp was too close to I

31 guess you could say a village or a highway and the kids

32 tended to take off when it came to evening, like 6:00

33 or 7:00, and come back next morning. So we have to

34 think about someplace else where they can't do that.

35 Anyhow, it was pretty successful. I'd say 75 percent

36 successful. We're going to do it again, only this time

37 we're going to have it on the Denali Highway.

38

39 The region also requested that there be

40 made available in each of the village offices a map of

41 boundaries that actually show the included area where

42 people -- I mean if they're in this circle, they're

43 eligible to harvest. They would like to have that

44 particular map and a big picture in their office that

45 shows the boundaries and also a poster that shows what

46 birds are open to harvest, closed or of concern.

47

48 The other thing that was addressed was

49 climate change. People in the region are really

50 concerned about it. Lakes are drying up, ponds are

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30

1 drying up, et cetera, et cetera. That's my report.

2

3 CHAIRMAN NANENG: Any questions from

4 the Council members for Joeneal?

5

6 (No comments)

7

8 CHAIRMAN NANENG: If not, thanks, Joe,

9 for your report. Any comments regarding the permanent

10 hunting license issue.

11

12 MR. YOUNG: I'll address the question

13 as to the Federal duck stamp. It would be anyone 16

14 years of age or older and there is no upper limit on

15 it.

16

17 MR. REFT: Mr. Chair.

18

19 CHAIRMAN NANENG: Go ahead, Dan.

20

21 MR. REFT: I'm not clear on the

22 Federal. In Kodiak, we buy the State up until you're

23 60 and then you don't buy the State, but we still have

24 to buy the Federal stamp. I hunt them, $15, and he's

25 telling me outside that it's not mandatory that we buy

26 the Federal stamp. This is the first time I ever heard

27 about it because we buy it. You can see right now 2010

28 or I couldn't hunt them.

29

30 CHAIRMAN NANENG: Do you want me to

31 respond to that? Maybe I can ask -- I'll respond to

32 that after we hear from Dan.

33

34 MR. ROSENBERG: Thank you. Dan

35 Rosenberg. The State duck stamp requirements -- I'll

36 just give you all the requirements for all the ages and

37 just to clarify the whole thing. It is required unless

38 you are an Alaska resident under the age of 16, an

39 Alaska resident 60 years old or older, you're a

40 disabled veteran eligible for a free license, or you

41 qualify for a low income license, which means the

42 qualifications for a low income license or residence

43 with an annual family income below $8,200 before taxes,

44 then you're eligible for a $5 low income hunting

45 license and you don't need the duck stamp. That's the

46 State $5 duck stamp.

47

48 CHAIRMAN NANENG: Thanks. Any

49 questions from the Council members to Dan?

50

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31

1 (No comments)

2

3 MR. ROSENBERG: Thank you.

4

5 CHAIRMAN NANENG: In response to John,

6 like I stated before, at the time that we negotiated

7 the Migratory Bird Treaty Protocol Amendment we never

8 had any discussions regarding the duck stamp because as

9 far as our people were concerned they never needed it

10 prior to. There was a question that was raised by I

11 think Fish and Wildlife Service back before 2001 asking

12 the solicitor for an opinion if it was required under

13 the Migratory Bird Treaty Protocol Amendment.

14 Apparently the decision by the solicitor was that it

15 was required.

16

17 We at AVCP questions that and we have a

18 document that we sent to them back in 2001 saying that

19 the Migratory Bird Treaty Protocol Amendment is silent

20 on the requirement of a duck stamp and therefore it's

21 not necessary. Also the fact that this treaty between

22 Canada, U.S., Mexico and Japan and many of the treaties

23 with the American Indians do not have the requirement

24 for duck stamps, with treaties between Indian tribes

25 and U.S. government, and we feel that in our review

26 that this seems to be the first time that the U.S.

27 government is requiring a treaty under a legalized hunt

28 for Alaska Native people to be able to hunt migratory

29 birds during spring and summer hunts.

30

31 We still don't agree with that

32 solicitor's opinion. We're dealing with it and if

33 you've fought duck stamps over the years, our position

34 from AVCP is that we don't think it's required. We

35 feel that it's not necessary and required to have a

36 duck stamp. So I'm just sharing with you what we've

37 been working on over the years since 2001.

38

39 Molly.

40

41 MS. CHYTHLOOK: Did you say the duck

42 stamp requirement is

43 silent?

44

45 CHAIRMAN NANENG: On the Migratory Bird

46 Treaty Protocol Amendment at the time that we were

47 negotiating it, it's silent in the Migratory Bird

48 Treaty regarding the duck stamp requirement for the

49 legalized hunt by Alaska Native people during spring

50 and summer hunt. At that time we did not think it was

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32

1 an issue we would be dealing with. Apparently the

2 solicitor who wrote that opinion saying that it's

3 required now, but we're working on trying to get that

4 reconsidered. As far as we're concerned from AVCP, our

5 position has been that a duck stamp is not required.

6 Even the solicitor's opinion that was issued in 2001 we

7 question it because we feel that there's no requirement

8 and it's a treaty between the U.S. government, Alaska

9 Natives and Canada.

10

11 In Canada, they don't even require it

12 as far as we know. In Canada, it's the Native people

13 who can set their seasons and bag limits. In Alaska,

14 it seems like we're pretty much under the whim of the

15 Federal government in being able to set their spring

16 migratory hunt hunting season. It seems like we're

17 being treated differently than our neighbors in Canada.

18

19 Any other questions. Taqulik.

20

21 MS. HEPA: At least from the North

22 Slope -- I think this is a good time to bring it up. I

23 was going to bring it up later during the duck stamp

24 discussion on the agenda. Over the last several months

25 there has been talk across the North Slope about the

26 duck stamp and the potential for them to start writing

27 citations or violations. So our Fish and Game

28 Management Committee, who is the regional advisory for

29 this co-management council has opposed the requirement

30 for duck stamps, hunting licenses and so on. So we

31 have that and we reaffirmed it in August of '09, so

32 that's still standing.

33

34 In addition, our North Slope Borough

35 Assembly, who is our regional local government body,

36 they also passed a recent resolution at their March or

37 April monthly meeting, so I have a copy of that. Then

38 our regional tribal government, the Inupiat Community

39 of the Arctic Slope, also passed a similar resolution

40 in opposition for Alaska Natives to have duck stamps.

41 So I just wanted to bring that out.

42

43 We support the positions of AVCP.

44

45 CHAIRMAN NANENG: Thank you. Any other

46 regional reports or questions for Joeneal before we go

47 to another region? Eric.

48

49 MR. TAYLOR: Joeneal, I was wondering

50 if you could clarify relative to the concern about fox

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33

1 and owl predation on migratory birds. What species of

2 birds were people concerned with? Did they specify?

3 Was it waterfowl or was it other passerine birds or any

4 idea?

5

6 MR. HICKS: I gathered it was

7 waterfowl, specifically

8 Mallards.

9

10 CHAIRMAN NANENG: Any other regional

11 reports? Peter.

12

13 MR. DEVINE: Thank you, Mr. Chair.

14 Just to touch on what I did earlier. We had our

15 meeting on April 8th, a teleconference for the

16 Aleutian/Pribilof Region. We invited the Refuge

17 manager and she was looking for some sort of

18 identification for local hunters and I told her that

19 we're working on that.

20

21 I just got off the phone with Stanley

22 and as far as this MOU he thought it would be better if

23 the borough, the City of King Cove and somebody from

24 Migratory Bird Council, Fish and Wildlife Service, all

25 sit down in a meeting or teleconference and familiarize

26 themselves with this. He said that as of today the

27 borough, City of King Cover, the Tribe of King Cove,

28 nobody has signed off on it. So he would ask that we

29 hold off until everyone is more familiar with where

30 this process is.

31

32 That's it for my report.

33

34 CHAIRMAN NANENG: Thank you, Peter.

35 Any other regions have any reports? Molly.

36

37 MS. CHYTHLOOK: March 30 we had our

38 regional meeting, but

39 the only agency that was at our meeting was the Togiak

40 National Wildlife Refuge, Paul and John. There was

41 several discussions. The Council did go over the 2008

42 harvest survey data and they approved the data. There

43 was a couple of notes about high harvest of eggs and

44 birds mainly in Togiak. Other than that they approved

45 the 2008 harvest survey data.

46

47 The duck stamp issue was discussed. I

48 know that BBNA and even the Council in the past have

49 passed a resolution in support of the duck stamp issue,

50 that this Council and Y-K have been dealing with, and

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34

1 they are not in support of the duck stamp issues, but

2 they decided until the issue is resolved that they'll

3 abide by whatever duck stamps -- I guess purchasing

4 duck stamps, except that, as usual, we have a problem

5 with obtaining duck stamps over there even though it's

6 readily available through the internet, a lot of our

7 community members don't own computers and the only main

8 computers with a lot of the communities that work are

9 some of our council computers and those are mainly used

10 for their businesses.

11

12 The issues that were noted were the

13 lead shot -- not the lead shot, but I guess when some

14 of our member harvesters harvest these birds with tags

15 on them, the people were afraid to report thinking that

16 they might get into trouble. So the council

17 recommended the agencies to further educate the

18 communities about the birds that have been harvested,

19 the tagged harvested, and that they wouldn't get into

20 trouble and direct them to a proper place to report

21 these tagged birds when they're harvested.

22

23 Then, as usual, people are starting to

24 report more and more strange birds like some of you,

25 increase of birds that they don't normally see in their

26 area, and then the Alaska peninsula communities

27 reported that after 20 years, the Valdez oil spill,

28 they are finally starting to see an increase of Eiders,

29 King Eiders, in their area as well as other migratory

30 bird resources.

31

32 I've got the written report in the

33 back, so I'm not going to cover everything that's in

34 here. That's all I have.

35

36 CHAIRMAN NANENG: Thanks, Molly. Any

37 questions for Molly from other members.

38

39 (No comments)

40

41 CHAIRMAN NANENG: I'll make a report of

42 what we've been doing at AVCP. Two years ago we had a

43 meeting down in Portland in April of the Waterfowl

44 Conservation Committee. The purpose of the meeting was

45 to review and renewal of the Goose Management Plan. We

46 were negotiating with the Fish and Wildlife Service law

47 enforcement on participation of villages in the law

48 enforcement section of the Goose Management Plan. We

49 finally as of March came to an agreement that's

50 acceptable to both Fish and Wildlife Service, law

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35

1 enforcement and AVCP. The Goose Management Plan was

2 adopted by the Waterfowl Conservation Committee last

3 week on Friday after review of the language that we had

4 been working on for almost two years.

5

6 Last week we traveled to Washington

7 D.C. to meet with the Department of Interior and try

8 and set up a meeting with the solicitor regarding the

9 review of the duck stamp requirement and we're going to

10 be having a teleconference on Friday with the solicitor

11 and some of her staff along with BIA and Department of

12 Interior to review the duck stamp requirement. So I'd

13 invite all the Regional Council members from here

14 around the table who are members of the Alaska

15 Migratory Bird Co-management Council to participate in

16 the teleconference.

17

18 We have also tried to meet with our

19 congressional delegation and looking at options of how

20 to potentially delete or not require the duck stamp

21 during spring and summer hunts for our people out in

22 the villages. So we need our Alaska Migratory Bird Co-

23 management Council to participate in that and provide

24 input. Our congressional delegation feels that it's

25 going to create some issues and problems in many of our

26 villages in the Y-K Delta if the duck stamp is enforced

27 this spring.

28

29 The efforts that we've had over the

30 years to work with Fish and Wildlife Service and State

31 of Alaska and other states is going to be in jeopardy

32 based on the fact that if there's going to be a large

33 number of citations issued for duck stamps, it's going

34 to be a problem. It's going to create a problem. I

35 know that law enforcement and the regional office have

36 stated to us that it's not going to be a priority for

37 them to issue citations for duck stamp, but the

38 priority will be the restricted species, Emperor Geese

39 and Spectacled Eiders will be the priority.

40

41 Also the use of lead shot will be

42 enforced too as well. But we are still concerned that

43 many of our people are going to be cited this coming

44 summer because we've been told by Fish and Wildlife

45 Service and law enforcement that after about three

46 years of trying to delay the enforcement they may be

47 forced to enforce the duck stamp requirement. But

48 we've been working on it for the last few years and

49 trying to get the requirement waived or not enforced so

50 that our people out in the villages will continue to

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36

1 hunt like they've done since we started sitting down to

2 come up with agreements of co-management on the species

3 that became of concern back in 1984.

4

5 We're also going to have to work with

6 another issue that's coming up, is working with our

7 partner, state of Oregon, on their goose depredation of

8 farmlands. I think it's gotten to the point of almost

9 becoming push coming to shove. We're going to try and

10 work with them because it's going to put some

11 limitation and restrictions on our hunters out in the

12 Y-K Delta where many of the Cackling Canada Geese come

13 during spring and summer time.

14

15 So those are things that we're working

16 on at AVCP with our Waterfowl Conservation Committee

17 and I think that we're inviting all our cohorts in the

18 Alaska Migratory Bird Co-management Council to join us

19 in a teleconference on Friday. So that's the extent of

20 my report. Any questions. Peter.

21

22 MR. DEVINE: Thank you, Mr. Chair. Do

23 you have the teleconference number?

24

25 CHAIRMAN NANENG: I'll have to pull out

26 my computer or my.....

27

28 MS. CHYTHLOOK: Mr. Chair. I've got

29 the number.

30

31 CHAIRMAN NANENG: I provided it to

32 them. Maybe they'll read it off.

33

34 MS. CHYTHLOOK: It's 1-866-723-7478

35 code number 1572466#. Mr. Chair, we didn't get the

36 time of the conference.

37

38 CHAIRMAN NANENG: 12:00 Alaska time and

39 Washington D.C. time will be at 4:00 o'clock in the

40 afternoon.

41

42 MS. HEPA: I might just want to add too

43 that we need to notify Sky to let him know if you'll be

44 calling in so that he can make sure that there are

45 enough lines for everyone to call in. That was one of

46 the instructions we had.

47

48 CHAIRMAN NANENG: Yes. Ida.

49

50 MS. HILDEBRAND: Thank you, Mr.

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37

1 Chairman. I just wanted to report that Chugach

2 Regional Resources met on the 6th and are in support of

3 the AVCP action in opposition to the duck stamp

4 requirement.

5

6 CHAIRMAN NANENG: Any other regional

7 reports. Go ahead, Sandy.

8

9 MS. TAHBONE: Mr. Chair. The Bering

10 Strait/Norton Sound Migratory Bird Council met last

11 week and I have several issues of concern and requests

12 from the U.S. Fish and Wildlife Service as well as

13 AMBCC, but I would like to provide that report tomorrow

14 morning. I'm still waiting on a couple documents from

15 the office.

16

17 CHAIRMAN NANENG: Okay. Any other

18 Council members on regional reports. Enoch.

19

20 MR. SHIEDT: I don't have any. I'm

21 back on my job now and I have nothing to report on

22 migratory bird for Maniilaq service area.

23

24 CHAIRMAN NANENG: Thanks, Enoch.

25 Taqulik.

26

27 MS. HEPA: I'll just add a few things.

28 Over the last couple years we've beefed up our outreach

29 and education on migratory bird hunting, in particular

30 towards the Stellar's Eider. We recently held a

31 migratory bird fair and we're hoping that we'll have

32 this on an annual basis, maybe twice a year, where the

33 community comes in to learn facts about birds and have

34 an opportunity to interact not just with our local

35 leaders but Fish and Wildlife Service Staff was there

36 as well as Alaska Department of Fish and Game.

37

38 It was a good success. I'd say maybe

39 100 people came through that evening. It was held in

40 the evening at the high school. We heard a lot of good

41 feedback from that. We got to have some geese and duck

42 soup we served to the people. It was just wonderful.

43

44 We are also doing a number of radio

45 talk shows. We have a weekly radio talk show where

46 people can call in from the North Slope communities.

47 The topic will be migratory bird hunting. We had one

48 earlier this winter. We have another one scheduled at

49 the end of April and then later on at the end of May

50 just to talk about issues and to interact with our

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38

1 hunters about migratory birds.

2

3 As you may be aware, we formed a

4 migratory bird task force and it includes the North

5 Slope Borough, Inupiat Community of the Arctic Slope

6 Native Village, our village corporation Ukpeagvik

7 Inupiat Corporation. Through that the Native Village

8 of Barrow has formed a young hunters program. Joe Sage

9 is the wildlife director for Native Village, so he's

10 initiated a young hunter's program to mentor students

11 from the high school and middle school to teach them

12 respectful traditional ways of hunting, so it's a very

13 positive program. He's been actively visiting the

14 schools to promote that.

15

16 As well as our staff has gone to

17 different schools, not just in Barrow but in the

18 communities, to talk about Eider issues. So I just

19 wanted to report our outreach.

20

21 CHAIRMAN NANENG: Thank you, Taqulik.

22 Any questions for Taqulik from other members? Sandy.

23

24 MS. TAHBONE: Just a quick question.

25 What kind of support are you getting from the Service

26 regarding your outreach efforts?

27

28 MS. HEPA: Through the Chair. Thank

29 you, Sandy. Actually Michael Pederson has taken a lead

30 role on our outreach and he's been coordinating with

31 Neesha (ph) from the Endangered Species Division of

32 Fish and Wildlife Service. It was a slow start, but I

33 think we're making positive progress in coordinating

34 our outreach efforts.

35

36 MS. TAHBONE: Excuse me, Mr. Chairman.

37 I was speaking in regards to as far as funding to be

38 able to help you with doing all the work that you're

39 doing up there.

40

41 MS. HEPA: Since Michael takes the

42 lead, I think I'll ask him to come up and emphasize

43 that one.

44

45 MR. PEDERSON: Mr. Chair. Thank you,

46 Sandy. The Fish and Wildlife Service in the Endangered

47 Species Office is providing us

48 funding for steel shot exchange. They're also

49 providing us promotional materials and stuff like that

50 for our Stellar's Eiders outreach stuff, caps and mugs

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39

1 and stuff like that to help spread the conservation

2 message for Stellar's Eiders. Other than that, we're

3 doing a lot of the leg work on the ground and stuff

4 like that. We're editing some of the posters that

5 they've put up to make it more coming from the

6 subsistence community. But they don't give us any

7 funding to do the work, but they're giving us funding

8 to get materials out to our people.

9

10 CHAIRMAN NANENG: Any other questions.

11

12 MS. TAHBONE: Yeah, I had a question to

13 the Federal representative regarding this. Has there

14 been any discussion regarding prioritizing of funding

15 to be able to dedicate for outreach efforts as far as

16 being able to provide resources to each of our --

17 particularly to the regions where they're having to

18 deal with serious outreach conservation issues. I'm

19 really concerned with our inability to provide

20 personnel in order to cover our efforts, so I'm

21 wondering if there's been any discussion at the Alaska

22 region level in regards to prioritizing funding to be

23 able to provide funds to the regions for covering

24 personal costs.

25

26 MR. TAYLOR: Thanks, Sandy. I'm not

27 aware of any specific discussions relative to proposals

28 that our office may have received either from the North

29 Slope Borough or from Kawerak in terms of specific

30 outreach projects that have been funded. I know we

31 funded, I believe, yourself as well as Austin in terms

32 of doing harvest surveys on the St. Lawrence Island

33 area and I believe there's been some outreach in terms

34 of a position up in the North Slope Borough, I believe,

35 for outreach. But other than that I'm not aware of any

36 other specific proposals.

37

38 MS. TAHBONE: Mr. Chairman. I'll be

39 covering some of this in my report, but we don't have

40 the luxury, we don't have the staff to be able to do

41 the coordinating for outreach activities. The only way

42 that work is going to get done is if the Service

43 determines it is a priority and puts the funds there in

44 order for us to complete the work.

45

46 MR. TAYLOR: I will mention in terms of

47 conservation recommendations for Yellow-billed Loons

48 and perhaps Tamara may be able to add to what I'm going

49 to say, but in terms of conservation measures that were

50 associated with the subsistence for 2010 that the

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40

1 Service agreed and it's on Page 62 of the Intra-Service

2 Biological Opinion.

3

4 The Service will continue education,

5 communication and outreach programs. This is in

6 particular reference to Yellow-billed Loons. And that

7 we will develop partnerships with local residents,

8 subsistence hunters, landowners and many others.

9 Continue dialogue and build partnerships with residents

10 on St. Lawrence Island, delivery of conservation

11 measures about loons, continue to work with Kawerak on

12 education and outreach such as loon identification

13 guides, posters and products, and then acquire a set of

14 study skins of loons in different plumages.

15

16 So it seems to me that there's

17 opportunities there for Kawerak to work with the

18 Service in terms of specific proposals and ideas for

19 funding.

20

21 MS. TAHBONE: Mr. Chairman. Eric.

22 Yeah, I've read through those and we've had a lot of

23 discussion, we've had meetings. There's

24 representatives both from Gambell and Savoonga here.

25 Like I said, I'll touch on these within my report, but

26 what I'm saying is that in order for us to accomplish

27 those it takes people, manpower in order to address

28 them. As we are right now, we do not have funds and

29 any agreement that provides us with those dollars to

30 dedicate man hours to accomplish those tasks.

31

32 CHAIRMAN NANENG: Taqulik.

33

34 MS. HEPA: Thank you, Mr. Chair. I

35 want to support Sandy on that. As it stands, the Fish

36 and Wildlife Service does not fund an outreach person,

37 so it is in kind from the North Slope Borough, but we

38 have expressed that concern and I think we have

39 expressed it at this forum in the past. Outreach

40 really goes a long way. The AMBCC needs to look at

41 funding to provide outreach funding for salaries for

42 each of the regions. It can only help with the issues

43 that we're faced with today so we can get the message

44 out to the hunters.

45

46 CHAIRMAN NANENG: Thank you. I think

47 one of the things we

48 need to consider as Alaska Migratory Bird Co-management

49 Council and also work with the Fish and Wildlife

50 Service is to request a direct congressional

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41

1 appropriation for Alaska Migratory Bird Co-management

2 Council and we'll need to coordinate that with Fish and

3 Wildlife Service.

4

5 All the funding right now that goes to

6 the Alaska Migratory Bird Co-management Council and

7 also the regional working groups is funneled through

8 Fish and Wildlife Service. On the average, we all are

9 getting like about $26,000 for a project that really

10 enhances the work that Fish and Wildlife does.

11

12 Like a couple of weeks ago or about a

13 month ago we went to Quinhagak to attend a meeting with

14 the village on the duck stamp requirement. We have two

15 refuges we have to work with, the Togiak and Bethel or

16 Y-K Delta National Wildlife Refuge, and AVCP tries to

17 attend as many of those meetings to express our views

18 regarding the duck stamp issue and we're not funded to

19 travel to these meetings from the Fish and Wildlife

20 Service, but we're funding them out of our natural

21 resource program within AVCP where we get those funding

22 from BIA Natural Resource Program. But the BIA Natural

23 Resource Program is supposed to be used for trust land

24 informational purposes, but we've used those funds at

25 our discretion at AVCP.

26

27 So I think that we will need to work

28 together to get a direct appropriation with the support

29 of Fish and Wildlife Service and also the State of

30 Alaska and we can make that as one of the things that

31 we can request for even with our discussion with both

32 BIA and our congressional delegation in the very near

33 future.

34

35 We've made comments in the past that we

36 think that Alaska Migratory Bird Co-management Council

37 should be funded separately from Fish and Wildlife

38 Service so that we'll be able to get some of our issues

39 put on the table rather than having to go through Fish

40 and Wildlife Service in order to put the issues forward

41 on the table as the Alaska Migratory Bird Co-management

42 Council. So I'd request everyone to give that some

43 thought and consideration as one of the projects to be

44 pushed forth with the Alaska Migratory Bird Co-

45 management Council issues. Sandy.

46

47 MS. TAHBONE: Mr. Chairman. Yeah, the

48 delegation from the AMBCC to Washington this past

49 cycle, we did make visits to our congressional

50 delegation and we did make those requests. As you

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42

1 know, we've been making pretty much that request

2 annually, but we have yet to see any action, whether it

3 be from our congressional delegation or from the

4 Service from either the secretary's office on down to

5 the people that are partners here at the table.

6

7 CHAIRMAN NANENG: Thank you. We'll

8 make sure we'll start

9 working on that as one of the issues to be dealt with.

10 You know, you don't get very far with the congressional

11 delegation unless you get support of Department of

12 Interior and if that Department of Interior does not

13 have any objections and they support you in that

14 effort, then it will go forward.

15

16 The other thing too is that we can

17 raise this issue up at our next trip to D.C. I know

18 that we have to also meet with the Alaska

19 Representative John Catch as part of the request and

20 many of the things that we request funding for also

21 have to have the support of the Alaska state

22 representative in Washington, D.C. We've been moving

23 with some of these issues that we're bringing forth,

24 like the duck stamp, and we've gotten the support of

25 the Alaska office, but all they need to do is express

26 their concern or express their support either in

27 writing or by phone call to our congressional

28 delegation and they will move forward.

29

30 One of the things that we've learned

31 over the past year is that you have to be in contact

32 with the right people to move things forward.

33 Sometimes the staff or congressional delegation may not

34 necessarily be the right people because they're so busy

35 with things they have to do, so they have to contact a

36 wide variety of people and not just talk to one person.

37

38 If the AMBCC feels that we should

39 pursue that, I think we ought to make that one of the

40 priorities for this coming year, to try and get more

41 funding for the Regional Councils to support the

42 efforts that we're working on to provide information

43 and also to work with our villages in terms of the

44 waterfowl conservation that our people have had to live

45 with for centuries, but we're now working with partners

46 from outside the region as well as outside the --

47 within the state and even outside of the state of

48 Alaska. So it's a partnership effort.

49

50 With that, if there's no objection from

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43

1 the AMBCC, I think that we can make that as part of our

2 priorities to do a direct funding request for Alaska

3 Migratory Bird Co-management Council. You know, if it

4 can be put in the form of a motion. I hope that our

5 Federal or State representatives will not say that they

6 don't have any authority to say yes or no on that. So

7 if someone can make that motion, we can make that as

8 part of the work we can pursue under the Alaska

9 Migratory Bird Co-management Council.

10

11 MS. TAHBONE: Mr. Chairman. Within my

12 report there's a

13 document I will be sharing and it's a letter in

14 response to an issue that the AFN regarding funding for

15 our efforts. So maybe if we can maybe hold off on that

16 motion because we could use some of the language that's

17 within that document. So I'll go ahead and maybe make

18 that motion later.

19

20 CHAIRMAN NANENG: Okay. I don't think

21 that will be a

22 problem. Any more regional reports.

23

24 (No comments)

25

26 CHAIRMAN NANENG: If there's no more

27 regional reports, we'll go on to the next item on the

28 agenda under old business, item number 10A. Fred

29 Armstrong is here in spirit but not in person, so who

30 makes that report on his behalf? Is that you, Eric?

31

32 MR. TAYLOR: Thank you, Mr. Chair. I

33 did speak with Taqulik in terms of this agenda item. I

34 believe Fred or Doug yesterday covered the conservation

35 measures associated with the proposed hunt, but I'll

36 ask Taqulik if there was additional information that

37 was requested.

38

39 CHAIRMAN NANENG: Did you request to

40 remove this off the agenda?

41

42 MS. HEPA: Yeah. I wasn't aware or

43 wasn't prepared to present anything. I'm not sure what

44 Fred or Doug were hoping to present. Just quickly, we

45 are working on a draft memorandum of agreement between

46 the Fish and Wildlife Service and our migratory bird

47 task force members. It's in a draft form right now.

48 We're getting close to finalizing that.

49

50 In regards to the additional

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44

1 conservation measures, at least the people of the North

2 Slope feel like these are something that we don't

3 support because over the last two years there's been a

4 number of different outreach and education that has

5 happened. The local hunters have taken ownership and

6 are fully aware of the situation that happened in 2008

7 and we feel that it's been a successful effort that we

8 put together through the memorandum of agreement and

9 providing the radio talk shows.

10

11 With that, I just want to reiterate

12 that -- yeah, one of the things that our people have a

13 difficult time with is the shooting hours that are in

14 the regulations. I know through the AMBCC that this

15 body had approved for the North Slope Region to go back

16 to the 2008 regulations for the North Slope, so the

17 shooting hours is one of the issues that we have

18 because it's not a customary and traditional practice.

19 To my knowledge, no other regions have such regulations

20 for the subsistence harvest of birds.

21

22 Other than that, I did not communicate

23 with Fred or Doug on what was expected to be discussed

24 on this agenda item, so I'll leave it with that.

25

26 CHAIRMAN NANENG: Thank you, Taqulik.

27 Any more comments from other Council members regarding

28 this?

29 Fred or Eric, any response?

30

31 MR. TAYLOR: No response, thank you.

32

33 CHAIRMAN NANENG: Anything from the

34 State rep?

35

36 MR. RABE: No comment.

37

38 CHAIRMAN NANENG: If there's no

39 comments from either the State or the Federal

40 representative, I think some of the AMBCC members like

41 them. So you'll keep us abreast on the issue of the

42 shooting hours because I've never heard that there are

43 ever shooting hours unless you're a sports hunter, I

44 guess. I think that's something that's coming down

45 that's new.

46

47 Up in the North Slope I know that

48 during the summertime the sun never sets. It always

49 seems to be the same time all day long or even all

50 night long, so shooting hours are practically new and I

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45

1 have a concern about them. I just wanted to make that

2 comment.

3

4 MS. HEPA: Yeah, and at least in our

5 discussion with the hunters it is not a necessary

6 regulation. When you put regulations, we feel that

7 aren't going to help with the issue that it only

8 creates an opportunity for people to be breaking the

9 law and that's the way that the people view it. This

10 is supposed to help with the Stellar's Eider concern

11 that has been brought forth to us in the last two

12 years. Again, our people really have stepped up to the

13 plate, we've taken ownership. Stellar's Eiders are not

14 a targeted species. They need to recognize the efforts

15 that we put in and that this additional regulation is

16 not necessary.

17

18 CHAIRMAN NANENG: Okay. Thank you.

19 Eric.

20

21 MR. TAYLOR: Thank you, Mr. Chairman.

22 The shooting hours were designed to provide the hunter

23 a great opportunity to identify target species. It's a

24 small window of time in terms of when they are

25 regulated before the fall hunt begins in September. I

26 do not believe, and I can have Gary correct me, but I

27 do not believe any citations were issued last year

28 relative to shooting hours because it was a new

29 regulation and I think the Service went to great

30 lengths in terms of both signage and contacting

31 individual hunters in terms of this regulation to try

32 to make sure that people were aware of why it was

33 designed and what it was designed for and to try to

34 gain collaboration in terms of following shooting

35 hours.

36

37 We do understand it's a new regulation

38 as such and we also understand that it is not a

39 customary and traditional practice. Like anything new,

40 I think it's going to take some time period to be

41 accepted. I think it's also safe to say that the Fish

42 and Wildlife Service is looking at this in terms of how

43 effective it is. Just because a regulation is passed

44 doesn't necessarily mean it's designed and will work

45 perfectly. So I think the Service will look at in

46 terms of how effective this regulation is and in terms

47 of providing protection for migratory birds. Thank

48 you.

49

50 MS. HEPA: My comment to that is,

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46

1 again, like I said, when

2 you put it into the regulation booklet and the people

3 are not, you know, following that and because it's so

4 foreign to us what shooting hours are it puts our

5 people in a position to where they can get into some

6 serious trouble. I'm talking about citations that are

7 written for things like this. If people for some

8 reason are not able to pay the citation or understand

9 the system of going through the Federal courts,

10 warrants for their arrest will happen and that has

11 happened recently. I don't want to go there and we

12 have a big concern about that specific regulation.

13

14 CHAIRMAN NANENG: Any comment?

15

16 MR. TAYLOR: No, thank you.

17

18 CHAIRMAN NANENG: Thank you. So this

19 will be an ongoing issue that you will be working with

20 the Fish and Wildlife Service from the North Slope?

21

22 MS. HEPA: Yes.

23

24 CHAIRMAN NANENG: Okay. Any other

25 comments from anybody else. Sandy.

26

27 MS. TAHBONE: I've got some comments,

28 but I'll save them when we discuss the 2011

29 regulations.

30

31 CHAIRMAN NANENG: Okay. Thank you.

32 Any more discussion on the 2010 proposed North Slope

33 conservation measures?

34

35 (No comments)

36

37 CHAIRMAN NANENG: If there isn't, then

38 we'll go onto the next item, which is the extension of

39 spring/summer season into fall, letter of SRC Chair

40 Paul Schmidt in response. Eric.

41

42 MR. TAYLOR: Thank you, Mr. Chair. The

43 Alaska Migratory Bird Co-management Council drafted a

44 letter on January 22nd to

45 Mr. Paul Schmidt, who is the chair of the Service

46 Regulations Committee and the assistant director of

47 Migratory Birds for the Fish and Wildlife Service. The

48 letter requested the Service Regulations Committee as

49 well as the Flyway Councils consider adopting or

50 options for adoption of a subsistence season during the

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47

1 fall and winter time period.

2

3 On April 1st the Service replied to the

4 Alaska Migratory Bird Co-management Council and the

5 response was that we have received the request by the

6 Alaska Migratory Bird Co-management Council to look at

7 what potential alternatives there would be to allow a

8 fall and winter subsistence season and Mr. Schmidt

9 writes that the request has been, as well as the

10 accompanying white paper has been sent to the

11 Solicitor's Office in the Department of Interior for

12 review and response.

13

14 That's as much as I know at this point.

15 The request is sitting in the Solicitor's Office in the

16 Department of Interior for review. That's as much of

17 an update as I can provide you.

18

19 CHAIRMAN NANENG: Thank you, Eric. Any

20 questions regarding the letter? Enoch.

21

22 MR. SHIEDT: Why is it that every time

23 an issue comes up you guys always have to go through

24 the Solicitor's Office to do it and they're from out of

25 state and the problem is here. You're just pushing on

26 your work to someone else.

27

28 MR. TAYLOR: Thank you, Mr. Chair. The

29 reason this was

30 forwarded to the Solicitor's Office is that it is a

31 legal question in terms of the amendment to the

32 Migratory Bird Treaty Act and the regulations

33 associated with that. Because there's a documented

34 record in terms of what was changed in terms of the

35 Migratory Bird Treaty Act to allow spring and summer

36 subsistence, it was determined that the Solicitor's

37 Office was the choice in terms of making the best

38 recommendation and review.

39

40 CHAIRMAN NANENG: Any comment on that?

41

42 MR. PEDERSON: Mr. Chairman, thank you.

43 In response to Enoch's questions, there was several of

44 us here at this table that were at the workshop that

45 developed the white paper. One of the other options,

46 although we didn't want to go that route, it was

47 suggested that we needed to hear what the Solicitor's

48 Office was doing.

49

50 Another option that we discussed at

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48

1 that same meeting with the same white paper is that if

2 we did not get a favorable response from the

3 Solicitor's Office on this, that we might be able to

4 work through the State system and the Flyway Council

5 system to try and get those issues related in the white

6 paper addressed. So we discussed some options and that

7 other option was one other thing that we're hoping to

8 look at if we do get an unfavorable opinion.

9

10 I just wanted to make that point

11 because that was part of our discussions on the white

12 paper.

13

14 CHAIRMAN NANENG: Thank you, Mike.

15 Dan, you got comments regarding this too?

16

17 MR. ROSENBERG: Yes, thank you. To

18 follow up on what Mike just presented, I'd just like to

19 inform everyone that there were several options in the

20 white paper in addition to this at least to pursue and

21 see what their feasibility was. One of those was to go

22 to work through the Pacific Flyway Council process in

23 terms of getting the fall harvest, the fall subsistence

24 hunt.

25

26 Patty Brown-Schwalenberg and I made a

27 presentation to the study committee of the Pacific

28 Flyway Council and we submitted what they call an

29 informational note into the official package to the

30 Pacific Flyway Council and that was at the meetings

31 that we just had at Klamath Falls in March.

32

33 This informational note, I apologize, I

34 don't have copies for everyone, but most of it was

35 background material from the white paper explaining why

36 we were doing this. In the end though, what we did was

37 we requested that the Pacific Flyway Council identify

38 and advise the AMBCC on mechanisms for utilizing the

39 flyway regulatory system to implement a fall and winter

40 subsistence season.

41

42 So we discussed this and we asked for

43 that information on how we can work through this

44 process, but we haven't gotten an official response

45 yet. Although Bob Trost -- is Bob here? I don't want

46 to put Bob on the spot, but Bob Trost was there and he

47 did have some insight into the whole thing. I don't

48 know if he wants to address that or not now. We

49 started that process.

50

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49

1 CHAIRMAN NANENG: Dale.

2

3 MR. RABE: Thank you, Mr. Chair. I did

4 attend. Because I am the Alaska representative to the

5 Pacific Flyway Council, I did attend the meeting which

6 was held in Milwaukee in the latter part of March.

7 This was brought forward as an agenda item and was

8 basically provided as an informational brief. Again,

9 I'll defer my memory to Bob Trost if I get this wrong,

10 but there was no action taken at that point in time

11 other than the recognition that the first action by the

12 Service was to get a response from the solicitor. It

13 was openly acknowledged that the Flyway Council may be

14 asked to consider process questions in terms of how

15 AMBCC could interface with that, but there was no

16 detailed discussion in terms of how that might look

17 going forward.

18

19 MR. ROSENBERG: Thanks, Mr. Chairman.

20 I just want to add

21 the Department of Fish and Game are willing, through

22 the flyway process as it currently stands, to submit

23 proposals from AMBCC and that is open. The reaction to

24 those proposals I can't predict for you, but we are

25 willing to submit proposals and discuss that option.

26

27 CHAIRMAN NANENG: Thanks, Dan. Any

28 comments, Bob, since they put you on the spot?

29

30 MR. TROST: Very briefly. I'll start

31 with the Council

32 meeting. Dale, I think, is correct in that the Council

33 tabled any formal action on the proposal at this point

34 in time pending the Service's solicitor review.

35 Although I understand that it's a frustration to have

36 all of these things referred to an office that doesn't

37 promptly turn many of these requests around, the fact

38 of the matter is that there are a number of legal

39 issues involved here as to what, based on the treaty

40 and the existing legislation, the Service has the free

41 board to do. It's felt that in order to find out what

42 those side boards are they need that solicitor's

43 opinion before they begin to work on this.

44

45 The approach of going through the

46 Flyway Council has some feasibility and could probably

47 provide some relief, but the issue that you'll run into

48 in that direction is that the Flyway Council also

49 operates with relatively rigid side boards. They have

50 a set number of days in which they're allowed to

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50

1 authorize a hunting season. They have things like

2 shooting hours that apply all the time. They have bag

3 limits which are uncommon in subsistence seasons. A

4 number of the other regulations as far as transporting

5 harvested birds apply, so a season authorized under the

6 sporthunting regulations would have to conform to all

7 of those constraints, which currently, of course, are

8 not considered as part of this subsistence hunting. In

9 essence, to authorize one of these seasons under the

10 sporthunting regulations, you would also be agreeing or

11 establishing a whole host of regulations which don't

12 normally apply in a subsistence season.

13

14 For that reason, I think the Flyway

15 Council too perhaps believes that this is not your best

16 avenue, although it is an avenue that you could pursue

17 to some extent, but your solution probably lies

18 elsewhere in this process. They're going to defer and

19 wait for the official word from the Service solicitor

20 before it goes further.

21

22 With that, I'd answer any questions you

23 may have.

24

25 CHAIRMAN NANENG: Ida.

26

27 MS. HILDEBRAND: Just a point of

28 information. The white paper is under Tab 2 in our

29 Board materials.

30

31 CHAIRMAN NANENG: Enoch.

32

33 MR. SHIEDT: Am I understanding you

34 right? I'm

35 translating what you're saying. When they hunt birds

36 in the Lower 48, here in Alaska we have concerns about

37 bringing just a bird within the state just to another

38 town, yet in the Lower 48 they could cross the state

39 and they won't get cited or anything like that? I'm

40 just translating what you're saying as a Native. I'm

41 not a lawyer. That's just the way I understand you.

42 Why are they not cited and you guys worry about us

43 here.

44

45 MR. TROST: You've clearly

46 misunderstood me. Actually the regulations that govern

47 how harvested birds can be moved around in the Lower 48

48 are much more strict than you have here. For an

49 individual hunter to harvest birds and transport them,

50 they have to be labeled, there's a number of -- they

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51

1 all have to be tagged and he can't have anything in his

2 possession greater than a daily possession limit,

3 another thing that does not apply here in Alaska to

4 subsistence harvest.

5

6 Generally the possession limits, as you

7 know from the sport season here, exist on all the other

8 hunters of migratory birds. In the Lower 48, the

9 possession limit is generally twice the daily bag

10 limit. Therefore it is illegal for any individual to

11 possess more birds than that and to have that many

12 birds in your possession they all have to be tagged

13 before you can move them. So there are a number of much

14 more stringent regulations that apply to sporthunting

15 regulations in general than you generally have here.

16 So if you were to attempt to authorize your fall

17 subsistence hunting under the existing sporthunting

18 regulations, you would also be buying into these much

19 more restrictive regulations.

20

21 CHAIRMAN NANENG: Any more questions

22 for Bob? Sandy.

23

24 MS. TAHBONE: The questions I have, and

25 this is a request

26 from our Regional Council, is we have yet to hear any

27 -- we don't have any kind of communication yet to date

28 other than my sitting here on this Council from AMBCC

29 regarding our request and the

30 timeline that we can hope to have this issue addressed.

31

32 Within the actions of this Council, we

33 requested Staff write letters to the U.S. Fish and

34 Wildlife Service as well as the SRC to address this.

35 I'm concerned. I see the letter was written in January

36 of this year to the SRC, but I don't see a letter

37 written to our Alaska regional director because we did

38 know that the solicitor's opinion would have to be --

39 would hinge on that as part of the process.

40

41 So I'm really concerned regarding the

42 timing. I mean the white paper was completed. We did

43 adopt it in September. Yet it took how many months for

44 a letter to be written to the SRC and I have yet to see

45 a letter that was written to the U.S. Fish and Wildlife

46 Service. Maybe Eric might be able to say whether or

47 not they have received a letter from the AMBCC

48 regarding this. I really would like to see what type

49 of time frame we're looking at regarding receiving a

50 solicitor's opinion. Someone needs to be held

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52

1 accountable to this process we're trying to go through

2 to provide for this hunt.

3

4 CHAIRMAN NANENG: Eric.

5

6 MR. TAYLOR: Sandy, I was aware that

7 the meeting occurred in September relative between the

8 AMBCC, the Fish and Wildlife Service as well as

9 representatives from the Washington office in terms of

10 this issue and that at that time the request was made

11 for a letter to be drafted by the AMBCC as well as a

12 white paper.

13

14 I'm at a loss in terms of why the

15 letter was not written to the Service until January and

16 why the time transpired. When the letter was received,

17 it was sent to Paul Schmidt, who is the assistant

18 director for migratory birds and the chair of the

19 Service Regulations Committee. When that happens, that

20 corresponded automatically, goes back to the region of

21 concern, in this case it's the Alaska region, so a copy

22 of the letter went back to Geoff Haskett as the

23 regional director. In terms of the communication

24 within the Service, it occurred right away once the

25 letter was sent out.

26

27 The Service Regulations Committee, Bob,

28 correct me in terms of dates, I want to say February,

29 late February, is that correct?

30

31 MR. TROST: Actually it was the first

32 week in February.

33

34 MR. TAYLOR: First week in February. So

35 that letter was received by the Service Regulations

36 Committee on a formal basis and a briefing was

37 delivered to the Service Regulations Committee in

38 February. And then it took until April 1st for a

39 letter to come out of the Washington office from Paul

40 Schmidt's office saying that the request was received

41 and then forwarded to the Solicitor's Office.

42

43 I could understand I think your concern

44 relative to the time it took for the letter to be

45 drafted by the AMBCC executive director to the Service

46 and that's the best I can do.

47

48 CHAIRMAN NANENG: Sandy.

49

50 MS. TAHBONE: So in regards to -- at

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53

1 what point do we hear

2 from the Solicitor's Office that they've received the

3 request and what type of timeframe are we going to be

4 looking at? I mean we need to have some type of a

5 timeframe so if we need to hound them or remind them of

6 this. What our Council is requesting is that timeframe

7 and who -- something that we can follow and hold

8 somebody accountable to.

9

10 MR. TAYLOR: My recommendation might be

11 and, again, I do not have the experience that others

12 might have in terms of dealing with the Solicitor's

13 Office, but I think it's probably safe to say these

14 things aren't turned around in warped speed fashion.

15 To that extent, the letter that the AMBCC received was

16 dated April 1st. I think a reasonable time period

17 would be a month for a follow-up communication. I'll

18 leave that to the Council. I think that would probably

19 be reasonable. I cannot -- in terms of your request

20 about when you will receive a response from the

21 Solicitor's Office, I can't give you a date.

22

23 CHAIRMAN NANENG: Sandra, on Friday

24 we're having a teleconference with the Solicitor's

25 Office and some of the attorneys that work with the

26 solicitor. Maybe we can make that as one of the

27 questions we can raise to them when we're having the

28 teleconference on Friday. I know that Eric is not the

29 boss of the solicitor, so when you deal with the

30 Federal government you hurry up and wait. So even if

31 we ask for a time table we'll never get those

32 responses. So I would request that we try and have an

33 open mind as the pace of the Federal government and we

34 know that we can forever -- they may not even want to

35 deal with this as far as we know. Since they're going

36 to be on the teleconference on Friday, maybe that

37 question can be asked of them.

38

39 MS. TAHBONE: Mr. Chairman. My request

40 is to our staff, the

41 AMBCC staff, you know, what they're -- now apparently

42 the SRC has requested the opinion of the solicitor. So

43 the expected timeframe for it to sit on that desk is

44 whether it's one month to six months or a year. And

45 then once that's received what's our next step? If the

46 next step is that, yes, we can use the SRC process,

47 then what will we do then? If, no, we can't use that,

48 what would our next -- and what can we expect? We've

49 got to have some kind of plan.

50

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54

1 Like I said, the white paper was

2 already produced and adopted, so there was no work that

3 staff needed to do there. It was just a matter of

4 drafting a letter and making the request to who we had

5 requested that the letter and white paper be sent to.

6 I'm really concerned about the time it took for that to

7 happen, understanding that this is an important issue.

8 It was brought up numerous times the understanding that

9 we have regarding the time it takes for the solicitor

10 to provide us with an opinion. I'm really concerned

11 about the amount of time that it took staff to complete

12 this task.

13

14 CHAIRMAN NANENG: I understand the

15 concern and it's going to be an ongoing concern for a

16 while for many of our people in the villages, but I

17 think that we, like I stated, we have an opportunity to

18 ask a solicitor's representative on Friday when we have

19 a teleconference with them if they received the letter

20 and who is handling the request for SRC. I think we

21 can get an update on Friday and we're not going to be

22 able to provide it here today.

23

24 If you can participate on Friday on a

25 teleconference, that will give you an opportunity to

26 ask that question directly to the Solicitor's Office.

27 I think that would be a better avenue than trying to

28 get the response right now from Eric or any of the Fish

29 and Wildlife Service representatives that are sitting

30 here in this room.

31

32 MS. TAHBONE: Mr. Chairman, I don't

33 expect a response right

34 now and it's fine when we are in that teleconference

35 that we do say, hey, by the way, we understand that you

36 have a request regarding this issue.

37

38 The issue I have is with the

39 responsibilities of our staff regarding this issue and

40 keeping the Regional Councils aware and what kind of

41 timeframe are they expecting this issue to take place.

42 I mean it's their job, you know, it's their task, so I

43 don't expect that answer today, but I expect that

44 answer sometime in the future.

45

46 CHAIRMAN NANENG: Ida.

47

48 MS. HILDEBRAND: Thank you, Mr.

49 Chairman. Perhaps in the future the Council can

50 request time certain when they've requested something

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55

1 of staff that they expect a turnaround or they expect a

2 draft letter to be issued by a time certain. Thank

3 you.

4

5 CHAIRMAN NANENG: Okay. Thank you,

6 Ida. Maybe that's a

7 good suggestion. I think that if we have adopted

8 something as the AMBCC, then we can request that the

9 staff deal with it within a certain time period rather

10 than waiting for about four months before they write

11 that letter on actions requested by the AMBCC.

12

13 But we can find out on Friday. We can

14 ask the solicitor. I know that you're concerned about

15 the time that it took, for the staff of AMBCC to have

16 taken all that time, to not notify them, and we

17 probably would have had at least a response by now if

18 that letter had been written earlier. So I concur with

19 your position on the time that it took for staff to

20 write it.

21

22 Any more on the -- Enoch.

23

24 MR. SHIEDT: Yeah, you keep bringing up

25 that teleconference. Who all you've got planning to

26 listen to that teleconference? I will cancel my trip

27 and go on a later flight to Kotzebue just to listen to

28 the teleconference because I'll be in flight. Is there

29 somewhere we can meet together with a teleconference

30 phone? That way we don't like what they're trying to

31 tell us we could put it on mute and talk amongst each

32 other right here locally as a group to meet.

33

34 CHAIRMAN NANENG: We have one of our

35 staff from AVCP that's going to be at that

36 teleconference who has made that arrangement and he's

37 requesting that we have at least a teleconference on

38 Thursday, which is tomorrow, to talk about a strategy

39 and what issues need to be brought up with the party

40 that's going to be participating from Washington, D.C.

41 That's one of the reasons why I'm heading back today,

42 to try and identify some of the issues that we have to

43 bring forward to the teleconference. We're trying to

44 set up a conference for tomorrow to be able to talk

45 about what we're going to be talking about with the

46 solicitor and Department of Interior representatives.

47

48 Anybody else. Taqulik.

49

50 MS. HEPA: Thank you. Maybe we could

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56

1 bring it up in our Native caucus. If people are going

2 to be participating in Anchorage, if you want to gather

3 together we could pick a location during our Native

4 caucus.

5

6 CHAIRMAN NANENG: Okay. Any more

7 discussion on the extension of -- oh, Dale, you had

8 your hand raised. Was it related to this?

9

10 MR. RABE: Mr. Chair. It's been enough

11 time and with an old memory I can't remember what the

12 comment was.

13

14 CHAIRMAN NANENG: Sorry about that. If

15 no more discussion on the extension of spring, summer

16 and fall hunt and letter to Paul Schmidt, we'll go on

17 to the next agenda item. It's lunch time right now, so

18 if everybody wants to break for lunch until about 1:15,

19 get back here at 1:15.

20

21 (Off record)

22

23 (On record)

24

25 CHAIRMAN NANENG: We'll go ahead and

26 call this meeting back to order. The time now is 1:22

27 p.m. We're about seven minutes late.

28

29 We left on the agenda item C on old

30 business. We're down to item C. Fish and Wildlife

31 Service, duck stamp policy. Gary.

32

33 MR. YOUNG: Thank you, Mr. Chairman.

34 Ladies and gentleman

35 on the Council. Thanks for the opportunity to be

36 before you today. Maybe not the best topic for right

37 after lunch, but nevertheless it's on the agenda.

38

39 It's already been discussed a little

40 bit, I think. I have heard and understand concerns

41 about the duck stamp policy. Myron, Chairman of the

42 Council, alluded to it a little bit that this is the

43 third year of our phase-in in enforcement. The first

44 year was a lot of strength put into education and

45 outreach of the need to have the duck stamp.

46

47 The second year, which was last year,

48 was continued outreach with much help from the North

49 Slope, we appreciate that, to educate hunters of the

50 need for the duck stamp and provide verbal warnings if

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57

1 someone did not have one.

2

3 Which led us to this year, which is the

4 third year, and which by the policy or memo that was

5 issued as the year that we will start citing for not

6 having a duck stamp while you are waterfowl hunting.

7

8 Having said that, that is the policy.

9 That is the third year of the phase in. It by no means

10 means that you automatically get a violation notice or

11 a citation if you don't have a duck stamp. It is just

12 the policy that this year it is allowed or it has been

13 agreed that we would write if the circumstances led us

14 to the conclusion that that was the best action to take

15 and the circumstances led to that.

16

17 CHAIRMAN NANENG: Any questions.

18

19 MR. NUPOWHOTUK: My name is Mark

20 Nupowhotuk and I'm privately -- we own our land and I

21 don't agree with U.S. Fish and Wildlife. I don't agree

22 with the duck stamp. I lived and hunted -- well, our

23 folks in Gambell and Savoonga. I know we own our own

24 private land. Now is there -- I've got a question for

25 you. Is there any law that says on private land that

26 we should own a duck stamp?

27

28 CHAIRMAN NANENG: Go ahead, Gary.

29

30 MR. YOUNG: In answer to the question,

31 the duck stamp regulation does not distinguish between

32 private or public lands. The Act simply states if you

33 hunt waterfowl, you have to have a duck stamp. The

34 law.

35

36 CHAIRMAN NANENG: Thanks, Gary. Did

37 you have a comment, Taqulik.

38

39 MS. HEPA: Thank you, Mr. Chair. I

40 just wanted to clarify that the North Slope Borough did

41 not advocate or do outreach on the duck stamp issue

42 because we have our reservations about the issue. We

43 did let the general public know that we were working

44 toward changing the law with other regions in the state

45 through AVCP's leadership. But I believe the Fish and

46 Wildlife Service law enforcement did do some type of

47 outreach for that, but we weren't involved with it.

48

49 CHAIRMAN NANENG: Okay. Thank you.

50 Did you have a response, Gary?

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58

1 MR. YOUNG: No, just thank you for

2 clarification.

3

4 CHAIRMAN NANENG: Any other comments.

5 John.

6

7 MR. REFT: You say you don't need the

8 duck stamp or you do have to have the duck stamp,

9 excuse me, but if you're retired, 60, the State does

10 not require you to have the State stamp, but in Kodiak,

11 like I mentioned this morning, you have to have the

12 Federal. So does this pertain to not having it if

13 you're 60 or over or even if you are 60 now you're

14 going to have to have the stamp?

15

16 MR. YOUNG: The Federal stamp?

17

18 MR. REFT: Yes.

19

20 MR. YOUNG: Yes, that's correct. The

21 only requirement age-wise on having the duck stamp is

22 anyone 16 years of age or over is required to have it.

23 There is no upper limit where you would not be required

24 to.

25

26 MR. REFT: But it's not pertaining to

27 the State stamp, which is the $5 in comparison to the

28 $15 Federal.

29

30 MR. YOUNG: That's right.

31

32 MR. ROSENBERG: Yeah, if I understood

33 the question correctly. Just to be clear, you are

34 required to

35 have the State stamp. The requirements are less -- the

36 age requirements are under 16 or over 60 you're exempt.

37 Sixty or over you're exempt on the State stamp. With

38 the Federal stamp, at 60 and over you're not exempt.

39 So if you're 62 years old, you need the Federal stamp

40 but not the State stamp. If you're 59, you need both.

41

42 MR. REFT: Thank you, Dan, that

43 clarifies it.

44

45 CHAIRMAN NANENG: Thank you, Dan. Any

46 more discussion. Joe

47

48 MR. HICKS: Thank you, Mr. Chair. What

49 is the Federal enforcement agency's interaction for?

50 How does the Federal enforcement agency interact with

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59

1 the Alaska state troopers? In our area, the Federal

2 agencies, I guess, enforcement is limited. So,

3 therefore, they give their authority to the state

4 troopers to enforce. What is the interaction in that

5 the state trooper follows the same protocol or policy

6 as you would?

7

8 MR. YOUNG: Correct. Most of the

9 interaction with the troopers is conducted locally

10 between our agents and whoever the wildlife trooper may

11 or the trooper may be in that area. We have a

12 memorandum of agreement with the troopers where they by

13 State authority give us power to enforce State wildlife

14 laws and in turn we give them a deputy commission to

15 enforce Federal wildlife laws. So they are informed of

16 our interpretation of the Federal law and how we

17 enforce them through contact either with their managers

18 here in Anchorage, with Stan and myself, or locally

19 with the agents in the field.

20

21 MR. HICKS: I know this is probably not

22 in your ballpark, but where or how does Federal law

23 extend to Native allotments? In other words, let's say

24 State jurisdiction in regards to enforcement of the

25 Migratory Bird Treaty Act on Native allotments, would

26 you know that?

27

28 MR. YOUNG: I don't know for sure if I

29 understand the question. Are you asking if a trooper

30 can enforce our laws on a Native allotment?

31

32 MR. HICKS: Yes.

33

34 MR. YOUNG: If they have the Federal

35 deputy game warden commission, yes, they would.

36

37 MR. HICKS: I guess where I'm talking

38 about is jurisdiction.

39 Do they have the jurisdiction to enforce Federal laws

40 on Native allotments?

41

42 MR. YOUNG: If they hold the Deputy

43 Federal game warden commission, which we issue in

44 connection with that memorandum of agreement, yes, that

45 would apply to Federal wildlife, specific wildlife

46 laws, yes.

47

48 MR. HICKS: Thank you.

49

50 CHAIRMAN NANENG: Molly and then

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60

1 Taqulik.

2

3 MS. CHYTHLOOK: Thank you, Mr. Chair.

4 If the State requires -- or doesn't require at age 60

5 plus, could this Board or somebody be able to write a

6 proposal to meet the same requirement as the State does

7 and that's to not require duck stamps at age 60-plus or

8 what's the process?

9

10 MR. YOUNG: I don't think there's

11 anything that would prevent a proposal to that, but the

12 process itself would take congressional action since it

13 is an act, referred to as the Duck Stamp Act, which is

14 passed by Congress. So to amend that would take an act

15 of Congress.

16

17 MS. DEWHURST: That's what I was going

18 to say.

19

20 CHAIRMAN NANENG: Donna, did you have

21 anything to add?

22

23 MS. DEWHURST: No, that was basically

24 what I was going to say.

25

26 CHAIRMAN NANENG: Taqulik.

27

28 MS. HEPA: This is a question for the

29 law enforcement officer here as well as the State, but

30 how much is it -- if you're given a citation, how much

31 is the citation for not having a Federal duck stamp and

32 then how much is it for not having a State duck stamp

33 and a State hunting license?

34

35 MR. YOUNG: Let me clarify first of all

36 that all fines for Federal violation notices that we

37 issue are set by what's referred to as the forfeiture

38 of collateral schedule set by the district courts. I

39 know the specific fine for no Federal duck stamp is

40 $100. I don't know the specific amounts for the State

41 hunting license or the State stamp.

42

43 CHAIRMAN NANENG: Any other questions?

44

45 MS. HEPA: And then my final question

46 was U.S. Fish and Wildlife Service law enforcement.

47 How many enforcement officers are in Alaska statewide?

48

49 MR. YOUNG: I can tell you that there

50 are right now four agents based in Anchorage, including

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61

1 myself and Stan Pruszenski, who are in the regional

2 office and who very seldom get to the field. There are

3 two field agents currently in Anchorage, one in Juneau,

4 one in Nome and four in Fairbanks. Now that is special

5 agents I'm referring to within the office of law

6 enforcement. The Fish and Wildlife Service also has a

7 Refuges Division, which has Refuge officers and I don't

8 know the total number. Is Paul Liedberg still here?

9

10 UNIDENTIFIED SPEAKER: No, he left.

11

12 MS. DEWHURST: (Away from microphone)

13 and then each park has two to four officers. BLM unit

14 is going to have a couple officers.

15

16 MR. YOUNG: Well, outside of the Fish

17 and Wildlife Service -- Fish and Wildlife only has

18 officers in the Division -- Office of Law Enforcement,

19 which are agents, and then Refuges, and I do not know

20 the total number of Refuge officers. Donna may be able

21 to elaborate.

22

23 MS. DEWHURST: I'm trying to remember

24 how many Refuges. I think eight or nine and then each

25 Refuge usually has at least two officers and then

26 outside of that other Federal officers. If you're on

27 National Park land, of course Park rangers and then

28 each Park has two to four or more. Then BLM units have

29 their own BLM officers, so there's other Federal

30 officers involved. Forest Service has their Forest

31 Service rangers. So there's other Federal officers.

32 Whenever we do anything -- because Migratory Bird

33 Treaty Act rests with the Fish and Wildlife Service, we

34 do try to coordinate with the other officers, the other

35 agencies that might have enforcement people out there.

36

37 CHAIRMAN NANENG: Enoch.

38

39 MR. SHIEDT: Yeah, I got a question.

40 You said the fine will be $100, but I got a problem

41 with it from my people in my villages that don't have

42 the $100. If they don't pay their fine, what's going

43 to happen to them? And, yes, there's two officers per

44 agency in my region. Since I have four, I have eight

45 and with the State trooper I have nine. They've been

46 meeting together and trying to say they're going to

47 start enforcing the duck stamp issue. I'm going to go

48 back and I'm going to try to talk to them and try to

49 talk them out of it. Right now it's a real big issue.

50 They don't harvest birds no more than they need.

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62

1 MR. YOUNG: Yes, I understand and from

2 the questions I heard the $100 fine is what is assessed

3 for the violation notice. That is where our authority

4 stops. It would be up to a judge or the court to

5 decide if a person did not have to pay or did not have

6 the funds to pay for that, how the court would handle

7 that situation.

8

9 CHAIRMAN NANENG: Ida.

10

11 MS. HILDEBRAND: Thank you, Mr. Chair.

12 Do you plan to

13 increase your law enforcement over the summer months or

14 spring months when the hunting begins?

15

16 MR. YOUNG: Are you asking increase

17 specific to duck stamp enforcement?

18

19 MS. HILDEBRAND: Increase that would

20 put any human body out there that would cite any Native

21 person for duck stamps or for whatever they're doing

22 out there in subsistence hunting, fishing.

23

24 MR. YOUNG: We have no planned increase

25 other than our

26 normal activities for spring and summer.

27

28 MS. HILDEBRAND: Okay. So then do you

29 normally increase your law enforcement presence in the

30 spring and summer?

31

32 MR. YOUNG: I'm not trying to dodge

33 your question. I'm trying to understand. We have the

34 officers that I've referred to and we're going to

35 conduct the activities that we normally do in the

36 spring and summer with regards to all of the species we

37 have the charge to enforce the laws with, whether it's

38 marine mammals or migratory birds or fish for that

39 matter.

40

41 MS. HILDEBRAND: Is that an increase?

42

43 MR. YOUNG: We are not increasing the

44 number of officers.

45

46 CHAIRMAN NANENG: Any more, Ida?

47 Enoch.

48

49 MR. SHIEDT: Yeah. I know this is a

50 migratory bird issue, the duck stamp issue, but the

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63

1 Federal Advisory Board in my

2 region, we accepted and complied a take of caribou to

3 comply with the State, we won't have this issue. I'm

4 just saying, you know, the Federal did change how many

5 we could take a day. I think it could be worked out

6 where we could say if you're age over 60, 62 or

7 whatever, we could eliminate the duck stamp.

8

9 CHAIRMAN NANENG: John.

10

11 MR. REFT: Yeah, Mr. Chair. I really

12 have a hard time living with these new regs and stuff.

13 When we were a territory, we didn't have any problem.

14 Like everybody is saying here from rural villages, you

15 hunt to eat to survive. That's what we did. Then we

16 become a state and all you guys got these jobs here now

17 and all these regulations come in and these people in

18 the outlying villages don't have jobs. They want to

19 eat, support their families. That's all we want to do

20 here just to survive.

21

22 If you keep putting more regs on us,

23 then you make outlaws out of us and all I can see is

24 you're going to do away with us eventually. It's not

25 good. Even the people in the town of Kodiak, even if

26 they have stores and stuff to get their food from,

27 which the villages don't, they still require their

28 cultural way of life, which is the fish and game.

29 That's part of their life. They'll never lose that

30 till they die.

31

32 But here, it's frustrating because the

33 way I'm looking at it now, Mr. Young, is eventually

34 you're going to make outlaws out of all of us and we

35 don't want to be that. We want to work with you guys,

36 but we want to work in a way that we can eat and still

37 live like we always have. Thank you, Mr. Chair.

38

39 CHAIRMAN NANENG: Any more comments to

40 Gary regarding the

41 duck stamp. Sandra.

42

43 MS. TAHBONE: Yeah, you know, we

44 requested outreach and you mentioned that outreach was

45 provided. Can you maybe describe some of those

46 outreach activities that you were engaged in.

47

48 MR. YOUNG: Main ones I was referring

49 to is our efforts on the North Slope with either

50 attending the recent Migratory Bird Fair, we had a

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64

1 couple agents up there, just trying to make ourselves

2 available to the residents of the areas. We did a lot

3 last year when we would contact the hunters, providing

4 them either some of the cups or T-shirts or materials

5 we had printed with outreach messages on them and

6 similar activities like that.

7

8 MS. TAHBONE: Mr. Chairman. You know,

9 we've requested, and I'll read it from our record, an

10 all-inclusive outreach message regarding law

11 enforcement will be done for the spring 2010 season.

12 We had the understanding that this would be the year

13 that the duck stamp would be enforced and citations

14 would be given and I have yet to see that. As you can

15 hear, just the amount of time that we spent on this,

16 you know, requesting clarification and we still haven't

17 received any of that information. Our communities are

18 still pretty much not clear as to what's required.

19 It's a shame that we're still where we were three years

20 ago.

21

22 CHAIRMAN NANENG: Any comments, Gary?

23

24 MR. YOUNG: Other than we'll try to do

25 better. I don't have any other comments than that.

26

27 CHAIRMAN NANENG: Thank you. I just

28 want to make a couple

29 of comments. When the State of Alaska's position is

30 not in line with the Federal position and I hear that

31 the State troopers or State law enforcement, Fish and

32 Wildlife protection officers are deputized as Federal

33 agents, if the State and the Feds are not in agreement

34 with actions that are taken by the Federal government.

35

36 We just saw recently in the news

37 regarding the Charlie Reserve up in the Interior where

38 they closed off hunting and the State of Alaska is

39 objecting to it. What position does that give the

40 State troopers? Are they still deputized as Federal

41 agents so they have to enforce what the Feds are saying

42 or have required them to close off hunting in that

43 area?

44

45 This is a question that keeps nagging

46 me. If you're deputized as State trooper or State law

47 enforcement person as a Federal agent to enforce some

48 of these laws and they're not in agreement, it raises a

49 question. So do I say to a State trooper or State law

50 enforcement officer that because you are not in

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65

1 compliance or recognizing the State or the Federal

2 requirements that I don't consider you to be a legal

3 representative of any law enforcement agency and to

4 enforce the duck stamp if they don't -- if they're not

5 in agreement with some of the Federal requirements.

6

7 The other thing too is that Alaska

8 Migratory Bird Co-management Council never had a say

9 regarding the requirement to have a duck stamp and I

10 thought that this was a co-management body. Under the

11 co-management body, I think it has to be consensus of

12 all the groups to sit down together and approve an

13 action such as this, but as far as I know there's never

14 been any consensus by the Alaska Migratory Bird

15 Co-management Council that duck stamps will be

16 required.

17

18 So it raises a lot of questions of why

19 Fish and Wildlife should be enforcing a duck stamp that

20 is from the solicitor's opinion, who probably never has

21 lived out in the villages at all and doesn't see the

22 economic impact it's going to have on our people. I'm

23 just questioning that. I know it's beyond your guys's

24 control because you say the powers that be sitting in

25 Washington, D.C., but I also feel that the regional

26 director has the discretion, like he did in 1984, to

27 say, no, duck stamps are not required.

28

29 I raise those questions and kind of

30 question at this time why Fish and Wildlife Service

31 would require a duck stamp and also deputize State law

32 enforcement people when State of Alaska may not

33 necessarily agree with everything that the Feds

34 authorizing them to do. Is it just nitpick here and

35 they're only required to do this and then ignore the

36 others? It just does not seem to be any standard or an

37 even keel of agreement. So if the State of Alaska

38 disagrees, then they're not going to be complying with

39 the Federal requirements. Are they only agreeing to

40 this because it's the Native people that finally got a

41 legalized hunt and then they're using it as a way of

42 saying, okay, the State of Alaska is going to enforce

43 it and because they don't get as much money out of it

44 other than probably wanting to be in control of what's

45 going on with the State.

46

47 I just raise that question as something

48 that I've been thinking about regarding the

49 requirements to have duck stamps. I thought at the very

50 beginning of putting this organization together

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66

1 everything will be done by consensus. As far as I

2 know, there's no consensus on this issue. So I just

3 point that out as something that I've been concerned

4 about ever since we organized this Alaska Migratory

5 Bird Co-management Council and I think the buzz word

6 here is the co-management of the resources, yet it

7 seems like we're being managed to the point where we

8 are going to be -- we're going to end up becoming more

9 criminals as we thought we were back before we got the

10 Migratory Bird Treaty Protocol Amendment passed through

11 and negotiated with the other nations and then the

12 senate ratification of it. I just want to share my

13 thoughts with everyone.

14

15 So if there's no more discussion on the

16 law enforcement, I'd like to thank Gary. I know we're

17 working on this issue. I think we'll work on it as

18 long as we can. If Fish and Wildlife Service law

19 enforcement, as I told you before, want to come and

20 cite me, I'll be the prime example. I'm not going to

21 buy a duck stamp because I'm not a sporthunter. The

22 Alaska Migratory Bird Co-management Council was

23 established under the Migratory Bird Treaty Protocol

24 Amendment to legalize subsistence spring and summer

25 hunts. Subsistence, not sports.

26

27 With that, I'd like to thank you for

28 your presentation.

29

30 MR. YOUNG: Mr. Chairman, thank you and

31 I wish you success

32 on your call Friday.

33

34 CHAIRMAN NANENG: Thank you. If we're

35 done with the Federal duck stamp policy, then we'll go

36 on to new business. Migratory bird population and

37 trends. Eric.

38

39 MS. TAHBONE: Mr. Chairman. Can I have

40 a little flexibility with my representatives that are

41 with me here from Gambell and Savoonga to ask questions

42 if they come up regarding his information?

43

44 CHAIRMAN NANENG: Yes.

45

46 MS. TAHBONE: Thank you.

47

48 MR. TAYLOR: Thank you, Mr. Chairman.

49 My name is Eric Taylor. I'm with Fish and Wildlife

50 Service with the Division of Migratory Bird Management.

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67

1 I appreciate the opportunity to address the Council.

2

3 What I'd like to do is talk about

4 abundance and trends of select species of geese, sea

5 ducks and loons in Alaska. I want to start out with

6 it's pretty easy to forget how special Alaska is in the

7 sense that greater than 40 percent of our state is

8 classified as wetlands or waters of the United States.

9 Waters of the United States being streams and rivers,

10 navigable waters.

11

12 In fact, Alaska wetlands comprised

13 greater than 60 percent of the United States total

14 wetlands. When you think about states like Ohio or

15 Illinois, my state of Missouri, California, those

16 states have lost up to 80 percent of their wetland

17 habitat.

18

19 The reason it's so important to have

20 high-quality wetland habitats is exemplified by what I

21 call the sampler of the waterfowl resource. We have

22 greater than 1,300,000 individuals of five species of

23 geese that come to Alaska every year. The lower left

24 we have up to 50 percent of the North American Pintail

25 population.

26

27 Myron, being from the Yukon Delta

28 Region, is blessed with greater than 1 million ducks

29 and greater than 500,000 geese on an annual basis. In

30 terms of United States breeding populations, we have

31 100 percent of King Eiders, Stellar's Eiders,

32 Spectacled Eider, Long-tailed Ducks, White-winged

33 Scoters, Black Scoters and Surf Scoters. We have 100

34 percent of the breeding populations in the United

35 States here in Alaska.

36

37 Given that, this is what I want to talk

38 about today. Quickly, I just want to go through what

39 it is that I do with Fish and Wildlife Service in terms

40 of the Waterfowl Management Branch. I thought the group

41 might be interested in a brief discussion on how we

42 estimate migratory bird populations and then I'll give

43 a status report on select species of migratory birds

44 and the species that I thought would be of most

45 interest to the group. Obviously I'm not going to hit

46 all of them.

47

48 So I work in the Division of Migratory

49 Bird Management, specifically in the waterfowl

50 management branch, and our responsibilities primarily

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68

1 are to monitor status of waterfowl and other large

2 water birds in Alaska. We also conduct research to

3 address things like climate change, how it could be

4 affecting the distribution, abundance or productivity

5 of birds.

6

7 We also collaborate with U.S.G.S. on

8 potential disease concerns. We also assess the

9 potential effects of proposed actions. Things like the

10 proposed Izembek Road, proposed oil and gas leasing

11 near Teshekpuk Lake in terms of the large area used by

12 molting Brant, the Chulitna coal project that is

13 proposed. Proposed oil and gas projects or coal

14 projects or transportation corridors we will look at in

15 terms of potential effects to migratory birds.

16

17 We also assist with the development of

18 harvest regulations, be they sport or fall harvest

19 regulations as well as subsistence regulations. So

20 that's kind of our primary four missions in terms of

21 the waterfowl management branch.

22

23 The first one being monitoring

24 waterfowl populations. No doubt those of you who live

25 in outlying areas have probably seen one of more of

26 these planes. So we do this primarily by low altitude

27 aerial surveys conducted during the summer primarily

28 during the breeding populations for migratory birds.

29 So we have three Cessna 206's there on the lower

30 portion of the slide and then we have one specialized

31 aircraft, a turbine Beaver up in the upper left.

32

33 So how do we go about doing that. How

34 does one count birds from the plane. We have two

35 observers, left and right-hand seats, in the Cessna

36 206. They both are looking out their windows about 660

37 feet, so about 200 yards or so, out of both sides of

38 the aircraft. They can tell that distance by special

39 markers in the struts of the aircraft. We fly at about

40 100 to 150 feet altitude and we're doing about 100

41 miles an hour.

42

43 So these are specialized, well-trained

44 pilot biologists that are trained to conduct the

45 surveys.

46

47 MR. DEVINE: I've done aerial surveys

48 for sea otters in the region and the sea lions. A

49 hundred feet, that's like -- what was it, 300 feet when

50 we're doing sea otter surveys, you know, I mean you're

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69

1 almost getting whiplash, what was that, you know. When

2 we do the sea lion surveys, we're at 600 feet and it's

3 like things are going by a lot slower. I mean you have

4 more room to see what's going on. At 100 feet, I mean

5 no wonder why you can't find any birds.

6

7 MR. TAYLOR: Well, actually, our pilot

8 biologists are probably some of the best trained in

9 North America. I think we do an exceptional job in

10 counting birds. Before people are released in terms of

11 on their own counting birds they go through a training

12 program, they work with another pilot biologist, they

13 take exams, they take training, so I would agree with

14 you wholeheartedly that it's not something that you

15 would just jump in the aircraft and try to identify

16 Keel from Mallards or Pintails from Gadwall without

17 significant training. But I think we do do an

18 excellent job in counting birds.

19

20 We use a program developed by a pilot

21 biologist out of Juneau, Jack Hodges that's an

22 automated program where we speak into a microphone as

23 we're flying over the wetlands and we record the

24 species, the numbers of birds, whether they're in pairs

25 or not, and then we actually punch in the location

26 automatically, so it's called a moving map. That's

27 recorded automatically, so we can record the species,

28 the numbers of birds in this transect and ultimately

29 come up with indexes for the population.

30

31 MR. SHIEDT: Yeah, I've got a question

32 on your flyway. What pattern of grids do you have? I

33 have a problem with your counting birds like this

34 because once you go by, you know, 300 feet the birds,

35 five, six hundred feet, are going to fly away and

36 you're not going to count them. What grid pattern are

37 you using?

38

39 MR. TAYLOR: The grid pattern is

40 dependant upon the survey in a particular area, but you

41 raise a very good point. When you design a survey, you

42 have to design -- keeping in mind the numbers of birds

43 that could move into the area as well as the numbers of

44 birds that could move out of the area as well as the

45 numbers of birds that could move within the area that

46 you actually surveyed so that you don't double count

47 them.

48

49 But we take all that into consideration

50 as well as what's called a detection factor. As you're

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70

1 flying over, as Peter mentioned, you're not going to

2 see all the birds certainly. So we have what's called

3 a visibility detection factor where we can know by

4 flying repeated surveys or having people on the ground

5 we can actually estimate the numbers of birds that we

6 miss as well. So we do take all that into

7 consideration.

8

9 The first species I want to talk about

10 are Pacific Black Brant. About 90 percent nest on the

11 Y-K Delta with another smaller percentage up on the

12 arctic coastal plain as well as in western arctic

13 Alaska. The populations right now is around 145,000

14 based on the last two estimates.

15

16 The other subspecies of Brant called

17 Western High Arctic Brant nest primarily on Melville

18 Island. Both of those subspecies migrate along the

19 coast and the entire populations of both of those then

20 stay at Izembek Lagoon during the fall, about 98

21 percent will stay at Izembek Lagoon, gaining fat

22 reserves before they migrate south along the Pacific

23 coast.

24

25 Pacific Brant winter primarily in Baja

26 and mainland Mexico where Western High Arctic birds

27 winter primarily in specific areas in Washington.

28

29 So the population objective for Brant

30 for the Management Plan and the Goose Management Plan

31 is 150,000. The current population based on the last

32 two years is around 145. Over the last 10 years though

33 it's much less if you look at the 10-year average. So

34 we've had two excellent counts in the last two years.

35

36 In terms of the annual population

37 growth, if you look at the last 30 years, it's

38 basically stable at 0.0 percent. So they basically

39 have not -- stable during that time period. Over the

40 last 10 years, the population has shown about a 3

41 percent increase per year. So if you add 100 birds,

42 then next year you would have 103 birds. So about a 3

43 percent increase during that time period on an annual

44 basis.

45

46 In terms of current studies, the

47 scientist in the waterfowl branch that I work in, we're

48 looking at two different surveys to try to determine

49 what's the best way to estimate Brant. The mid-winter

50 Pacific Flyway survey, which is conducted in Mexico as

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71

1 well as the Pacific Flyway wintering states,

2 California, Oregon and Washington as well as British

3 Columbia, versus the fall Izembek survey, where we also

4 survey Brant in the Izembek area when they occur there.

5 So we're trying to determine what's the best estimate,

6 what survey provides us the best estimate of Brant.

7

8 We're also seeing, as Myron knows, a

9 decline in the Tutakoke and Kokechik Bay Brant colonies

10 on the Yukon-Kuskokwim Delta, significant declines in

11 both of those colonies over the last decade or so.

12 We're trying to determine what are the causal factors

13 associated with those declines.

14

15 Finally, a recent analysis that our

16 statistician has been working on is we're seeing Brant

17 move off of historic colonies on the Y-K Delta,

18 colonies like Tutakoke and Kokechik, and they're moving

19 to more dispersed areas. Something that we've not seen

20 before in the past. One time probably up to 70 to 80

21 percent of the Brant on the Y-K Delta nested in five

22 primary colonies, but now we're seeing them --

23 apparently, at least our preliminary analysis show,

24 they're more spread out.

25

26 The other thing that has been recently

27 published in the scientific literature is that we're

28 seeing a shift in the winter distribution. Back in the

29 '60s and '70s we only had maybe five to six thousand

30 Brant overwinter at Izembek. Now we're seeing upwards

31 to 30,000 Brant are staying the winter in Izembek

32 Refuge. So we have concerns in terms of the amount of

33 eel grass that they're dependant upon, whether that eel

34 grass is going to be sufficient and the reasons behind

35 the Brants staying and not migrating down to Mexico

36 like they traditionally have done.

37

38 Finally, we're still concerned with egg

39 harvest on the Y-K Delta even though it's closed.

40 According to the harvest estimates that Liliana has

41 provided, we're seeing up to 1,700 eggs still being

42 harvested on the delta. So it's something that we've

43 got some concerns relative to trying to get this

44 population up to its objective.

45

46 So what I've done here, and it's a

47 little bit difficult to see with the colors I've

48 selected, this is the population of Brant on the left,

49 on the Y axis or the left axis. This is years on the

50 bottom. This is the population objective that was

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72

1 decided upon by the Pacific Flyway and the Goose

2 Management Plan, so it's 150,000. These are the levels

3 that have been set in both of those plans in terms of

4 when hunting would be closed, when it's very

5 restricted, restricted or moderate. So right now our

6 populations are right at 145,000 or so based on the

7 last two years and you can see that we've had an

8 increase since about 2001. If it goes in its current

9 trend, we'll hit that population objective of 150,000.

10

11 The next species I want to just touch

12 upon is Pacific Greater White-fronted Geese. These are

13 birds that nest to the west of this white line here.

14 The mid-continent White-fronts nest all the way from

15 the Interior Alaska up in Arctic Alaska and then all

16 the way through this Arctic Region here.

17

18 The Mid-continent White-fronts are

19 called that because they migrate down through the mid-

20 continent. They migrate and winter in Texas, Louisiana

21 and Mexico. The Pacific Greater White-front that nest

22 here in Western Alaska migrate and winter almost

23 exclusively in the central valley of California.

24

25 Here is a case that we probably wish

26 all of our species were in except for those possibly

27 causing problems on wintering grounds. We have a

28 population objective of 300,000 and yet our current

29 population is nearly double that, so our current

30 population is 589,000 based on the last three years.

31 If you look at the average population growth rate, you

32 can see that it's been doing quite well for the past 30

33 years.

34

35 In 1984, when the Goose Management Plan

36 or the Hooper Bay Agreement was signed, between that

37 time period and 1997, so a period of 15 years, it

38 showed an 8.8 percent increase. So population went

39 from 100,000 to over 300,000 during the time period.

40 In the recent past 20 years, they're still increasing

41 at a rate of about 4.6 percent per year. So, again, if

42 you had 1,000 birds, that's roughly another 200 birds a

43 year.

44

45 So we have a harvest strategy. It's

46 based at 15 percent of the three-year average. So one

47 might say with a population growth that what we're

48 having that harvest strategy may be conservative if,

49 indeed, we want to try to get this population at its

50 population objective.

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73

1 Again, this will show you the decline

2 here that occurred from 1970 here down through around

3 '84 when the Hooper Bay Agreement was signed and then a

4 steady increase until our present estimate of 589,000.

5 Again, this is the population objective at 300,000

6 birds.

7

8 In terms of Emperor Geese.....

9

10 MS. TAHBONE: Before you move on.....

11

12 MR. TAYLOR: Yes.

13

14 MS. TAHBONE: With that one you didn't

15 show where they're breeding in. I don't know if I

16 missed it on your first slide.

17

18 MR. TAYLOR: The area here in green is

19 the breeding area here. So primarily the birds --

20 there's significant numbers of birds in the Y-K Delta

21 and then northward along the coast here as well as

22 inland areas.

23

24 MS. TAHBONE: Do they share the same

25 area with the Brant as far as breeding?

26

27 MR. TAYLOR: Not really. Brant tend to

28 be in low coastal areas, low relief, very wet areas.

29 Greater White-fronts more indicative of drier, more

30 drier tundra areas.

31

32 In terms of Emperors, Emperor Geese

33 nest primarily on the Yukon-Kuskokwim Delta. There's

34 additional birds that nest on the Seward Peninsula and

35 some birds that nest over on the Chukotka Peninsula of

36 Russia.

37

38 In terms of molting or staging areas,

39 significant numbers of birds stage along the northern

40 part of the Alaska Peninsula and in terms of wintering

41 areas, small numbers of birds around Kodiak and then

42 out along the Aleutian Chain.

43

44 For Emperors, the population objective

45 is 150,000. The most recent three-year average is

46 78,144 birds. We're seeing an increase both in the

47 last 10 years, between 2000 and 2009, about a 2 percent

48 increase per year. Then over that longer time period

49 of about 30 years a 1.3 percent increase.

50

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74

1 Sandy has asked me questions in terms

2 of the potential to open harvest or consider opening

3 harvest and, indeed, the Pacific Flyway Management Plan

4 for Emperors states that the resumption of harvest may

5 be considered when the population reaches a current

6 three-year index of 180,000. You can see that we're at

7 78,000 now.

8

9 So the season was closed -- just in

10 review, the season was closed for a fall sport hunt in

11 1986. The subsistence season was closed the year after

12 that. Despite it being closed for a long time period,

13 we're still having birds harvested primarily in two

14 regions. The Y-K Delta Region in 2007, there was an

15 estimated 1,500 birds were harvested. In the Bering

16 Strait/Norton Sound in 2007, an estimated 1,250 birds

17 were harvested.

18

19 It's clear that even though we're

20 having an increasing trend here, you would see a faster

21 increasing trend if this wasn't occurring here. The

22 biggest problem is these are birds that are occurring

23 -- a large portion of them are adult breeding birds

24 that are coming back during the spring and summer, so

25 you're removing the most valuable segment that could

26 get this population closer to its objective. Obviously

27 if we could decrease subsistence harvest, we increase

28 population growth and get to that population size that

29 we want faster.

30

31 MS. TAHBONE: So what are you basing

32 that on when you say -- I'm not aware of us asking any

33 questions on what birds are harvested. You're saying

34 that segment of the population. What are you basing

35 that on?

36

37 MR. TAYLOR: When you have birds come

38 back to the breeding

39 grounds, you've got a proportion that are adult

40 breeders versus the portion that are sub-adult birds.

41 So, for geese, it's two years before birds start

42 breeding. So the majority of those birds that are

43 coming back are adult breeding birds.

44

45 Any other questions?

46

47 MR. SHIEDT: Yeah, I got one. You said

48 about 80,000. How long have they been 80,000? I have

49 a feeling, you know, when these numbers are set there

50 was no Natives involved, the population level, that

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75

1 they did 20 years ago.

2

3 MR. TAYLOR: Uh-huh.

4

5 MR. SHIEDT: What I'm saying is this.

6 Maybe that's what the level of the country could handle

7 and no more. That's why the population of the birds

8 stay at a certain level without really increasing

9 because they won't overharvest their area. That way

10 they won't decline or have a crash because you guys are

11 not looking at that population level of all species we

12 take in subsistence. Seal, caribou, birds, sheep,

13 whatever. They will not increase too high because they

14 won't have feed for the future and I think that's what

15 the birds are doing and you're not looking at that.

16

17 MR. TAYLOR: Well, to answer your

18 question in terms of what

19 the population has been doing, let me go back here.

20 For the past 10 years the birds have been increasing at

21 about 2 percent per year and then in the past 30 years

22 they've been increasing at 1 percent per year. So it's

23 been a long time they've been increasing.

24

25 If you want to look at that, here's the

26 graph in terms of -- again, this is the population on

27 the left-hand side and the years on the X-axis. You

28 can see that since about the early 2000s, which is what

29 this is showing here, they're showing that pretty sub-

30 stand of 2 percent increase per year. I don't think

31 the birds have reached carrying capacity. I don't

32 think we're at a point where habitat is limiting. I

33 think there's still -- both in wintering habitat and

34 breeding habitat, there's still habitat that's

35 available for Emperors to use. This certainly isn't

36 their end point.

37

38 If I had to guess, you know, their

39 carrying capacity is -- you know, at one point we had

40 100 -- based on some estimates back from the '60s, we

41 had an estimate of 140,000 birds. Now has that habitat

42 changed in the past 50 years? Possibly. I mean you

43 might absolutely be right. The carrying capacity may

44 not be at that point there. If I was a betting person,

45 I would definitely say they have not reached their

46 carrying capacity there. So I think there is a

47 potential for them to continue to increase.

48

49 MR. SHIEDT: Okay. I have another one.

50 You say they're

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76

1 being harvested in two places here. Are they

2 harvesting in the wintering grounds too?

3

4 MR. TAYLOR: There is -- I didn't write

5 it down. I'm sure there's some birds being harvested

6 on the Aleutian Islands.

7

8 MR. SHIEDT: Then why target the Native

9 that they're harvesting the birds, not target the

10 sporthunters?

11

12 MR. TAYLOR: I doubt -- sport season is

13 closed, so, to our knowledge, there's not any birds

14 that are being harvested by sporthunters during the

15 fall. They're probably being harvested by subsistence

16 hunters during the fall and winter in those areas. But

17 the greatest -- in terms of the harvest, the greatest

18 harvest is occurring on the breeding grounds on the Y-K

19 Delta and the Bering Strait Region.

20

21 Again, this is information you can find

22 in Liliana's report. If you'd like a breakdown, I'm

23 sure Liliana could actually do a breakdown in terms of

24 where birds are being harvested as well as when they're

25 being harvested, whether it's spring, summer or fall,

26 so that you could actually get an idea of exactly where

27 they're being harvested.

28

29 MS. TAHBONE: So I got a question. Are

30 you also looking at -- since we're possibly looking at

31 a re-opening, are you looking at the current level of

32 harvest even in a closed season to the possible -- what

33 it can sustain as far as opening?

34

35 MR. TAYLOR: If a proposal came forward

36 in terms of opening up, we would have to try and take a

37 guess at what that increased harvest might do to the

38 population.

39

40 In terms of Canadas and Cacklers, this

41 shows for all Canada Geese, but specifically I wanted

42 to zone in on Cacklers because you're going to hear

43 some concern relative to the situation that Enoch was

44 referring to, and that is where habitat is limiting.

45 In this case, the habitat is limiting for Cacklers in

46 their wintering grounds. Cacklers nest just about

47 exclusively on the Yukon-Kuskokwim Delta and they

48 winter pretty much exclusively in Oregon.

49

50 So the population here is 250,000. Our

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77

1 current population estimate at this point is around

2 176,000. In the past 20 years, we've seen a slight

3 increase. Just about 6 percent or .6 percent over that

4 time period. So a very slight increase.

5

6 The wintering area has shifted for

7 these birds. They used to winter almost exclusively in

8 the Central Valley of California and now they have

9 shifted north to the Willamette Valley of Oregon and

10 therein lies the problem in terms of crop depredation

11 that's occurring on the wintering grounds. In fact,

12 there's multiple problems on the wintering grounds. If

13 you read the statement by the Department of Oregon Fish

14 and Wildlife, they describe this.

15

16 So there's depredation, agricultural

17 crops, grass crops or turf crops, as well as winter

18 wheat and other grains. There's also nuisance issues

19 and public health. Birds are occurring on park lands

20 and in school yards where they haven't been before.

21 Finally, there's aircraft safety concerns both in the

22 Eugene airports as well as the Portland airports.

23

24 So these are new shifts in

25 concentrations of Cacklers in these areas that has the

26 Department of Fish and Wildlife in Oregon quite

27 concerned. When you read the statement, I went ahead

28 and took this out of it, the state of Oregon will --

29 because of the amount of pressure that they're feeling

30 on terms of loss of agricultural crops as well as

31 concerns on safety, Oregon is very reluctant to support

32 a further population growth for Cacklers and they will

33 very likely, almost certainly, recommend increasing

34 harvest rates to stabilize the population.

35 I think this is something that Dan Rosenberg with the

36 Department of Fish and Game may address in greater

37 detail.

38

39 So this will give you an indication of

40 what Cacklers have done. Let me go back. So here you

41 can see for the past 20 years you have a 0.6 percent

42 increase and then here's where the whopping increase

43 increased between 1985 and 1997. You can see the steep

44 increase here and then a relatively shallow increase

45 for the past few years. Again the population objective

46 is here at 250,000 and we're sitting at around 176,000

47 right now.

48

49 Relative to sea ducks, I thought I

50 would mention two species that probably have hit the

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78

1 papers and been most of discussion, particularly for

2 Taqulik in her region. So Spectacled Eiders were

3 listed as threatened in 1993 and they were closed to

4 hunting. The Yukon-Kuskokwim Delta, the population

5 that used to nest there declined by 96 percent.

6

7 In terms of its current population, the

8 Arctic Coastal Plain has about 12,000 birds and there's

9 about 12,000 birds on the Yukon-Kuskokwim Delta right

10 now. Roughly a population of 24 to 25,000 in Alaska.

11

12 Spectacled Eiders nest up on the Arctic

13 Coastal Plain. Also on the Yukon-Kuskokwim Delta they

14 also nest on the Chukotka Peninsula. In terms of the

15 wintering area, it was unknown until about probably 10

16 to 15 years ago and we had a satellite transmitter on a

17 bird that was tracked and you can see this large area

18 to the south of St. Lawrence and that's what it looks

19 like. That's the world's population of Spectacled

20 Eiders just about there. So, again, I showed you the

21 breeding areas that are occurring in Alaska here on the

22 Arctic Coastal Plain and in Western Alaska as well as

23 Russia, but this is all the birds in that area south of

24 St. Lawrence Island. So the world's population is

25 somewhere around 300,000 birds.

26

27 We just did a survey here a week ago.

28 Sent a twin-engine aircraft out and estimated the birds

29 and we do this by photography and then we actually --

30 some poor soul is actually picked out of our branch and

31 says, here, you get to count dots for a few hours. We

32 sub-sample this area and then we come up with a

33 population estimate.

34

35 Interesting enough, there's a recent

36 observation too for those of you that hunt walrus. We

37 have observations of walrus chasing these birds in the

38 wintering grounds. It was observed in the past and

39 then recently here by our pilot biologist.

40

41 MS. HILDEBRAND: Are they eating them?

42

43 MR. TAYLOR: You know, that's a good

44 question. I would assume they would have to be eating

45 them. I wouldn't think they'd be chasing them just for

46 fun. I mean I've got a golden retriever that chases

47 stuff, but it would seem funny for a walrus to be

48 chasing them as they were after food.

49

50 MR. DEVINE: I just have a question.

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79

1 How high up were they when they took that picture?

2 That's not 150 feet.

3

4 MR. TAYLOR: No, it's not. In this

5 case, we're using a twin engine aircraft. It's a

6 contractor. Let's see. Julian, would you might know?

7

8 MR. FISHER: The question, what

9 elevation was this photograph taken at. I believe

10 these photographs were taken around 500 to 1,000 feet.

11 This is a very different type of survey than what Eric

12 was describing earlier where surveys that are flown at

13 100 feet are transected surveys where observers are

14 looking out both sides and counting the numbers of

15 birds that they pass. In this case there's no way that

16 anyone could possibly make a guess at a flock that

17 size, so photography is used to come up with a number

18 of birds. So individual photographs were taken and

19 then those would be counted at a later time.

20

21 MS. KANGAS: Is that above ground level

22 or mean sea level?

23

24 MR. FISHER: Above sea level, yeah.

25

26 MR. TAYLOR: Relative to Spectacled

27 Eiders, we're seeing a pretty significant increase of

28 Spectacled Eiders on the Yukon-Kuskokwim Delta,

29 particularly in the last few years. You can see from

30 about 2004 through 2009 we're seeing a definite

31 rebound, which is great news on the Yukon-Kuskokwim

32 Delta for Spectacled Eiders.

33

34 The Arctic Coastal Plain, we're seeing

35 for some reason a slight decline of about 1.5 percent

36 per year. The reasons behind those two different

37 trends are tough to identify.

38

39 Relative to Stellar's Eiders, the North

40 American breeding population was listed as threatened

41 in 1997 and closed to hunting. Barrow is the only

42 known major breeding area remaining in Alaska. The

43 Alaska breeding population that is listed as threatened

44 and protected is around 575 birds based on our best

45 estimate.

46

47 Those Stellars, as depicted by this

48 figure, shows quite a broad range and, indeed, there

49 may be a few individuals across the Arctic Coastal

50 Plain, but clearly the best to our knowledge, the

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80

1 primary and remaining nesting area for Stellars occurs

2 in Barrow for North America. They also nest here on

3 the Chukotka Peninsula along the northern coastal

4 areas.

5

6 Wintering. They winter along the

7 Alaska Peninsula and out through the Aleutian Islands.

8

9 MR. REFT: Kodiak.

10

11 MR. TAYLOR: And as well as Kodiak,

12 right. In terms of our estimate for the Arctic Coastal

13 Plain based on our best estimate and this is -- you can

14 look at the histogram here. This is probably an

15 outlier here, but if you look at this, it's a

16 relatively flat rate, so we have a 1 percent growth

17 rate per year. When you look at that line, it's hard

18 to imagine much of a growth going on right now.

19 Taqulik.

20

21 MS. HEPA: I was just wondering if it's

22 the aerial survey?

23

24 MR. TAYLOR: Yeah, for the coastal

25 plain. Finally I wanted to mention something about

26 Yellow-billed Loons because the Service recently in

27 2010 or 2009 determined that Yellow-billed Loons were

28 warranted but precluded under the ESA, but nonetheless

29 they're being considered for protection.

30

31 Yellow-billed Loons nest from the

32 Canning River to Point Lay, also on St. Lawrence Island

33 and Seward Peninsula. They're long-lived birds, 20 to

34 30 years. It takes them a while to get to breeding

35 age, four to seven years before they start to nest.

36 They nest on freshwater lakes in the arctic and sub-

37 arctic. They're primarily, like other loons, fish-

38 eaters. Like other loons, they spend the majority of

39 their life in marine environments.

40

41 Yellow-billed Loons are closed to

42 subsistence, yet in 2007 we had -- a high harvest was

43 reported in the Bering Strait, Norton Sound Region. In

44 2009, as I said, the Fish and Wildlife Service

45 determined that based on the small population that we

46 have that it was warranted but precluded under the ESA

47 and then in 2010 we have recently determined for some

48 conservation measures, which are primarily centered

49 around outreach and education trying to talk to the

50 residents in St. Lawrence Island relative to the

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81

1 harvest of loons and use of loons.

2

3 In terms of the population, in terms of

4 breeding and non-breeding loons for Alaska, our best

5 estimate are between 3,700 and 4,900 Yellow-billed

6 Loons. In Canada, surveys are incomplete in that area,

7 but our best estimate is 8,000. The same thing for

8 Russia, 5,000. So a worldwide estimate, you can see

9 quite a range there, somewhere between 16,000 and

10 32,000.

11

12 If you look at Alaska in terms of where

13 the birds primarily -- and this is the primary reason,

14 most of the Yellow-billed Loons are occurring on the

15 Arctic Coastal Plain. So about five times as many

16 birds on the Coastal Plain than in Western Alaska.

17

18 MS. TAHBONE: Can I interrupt you?

19

20 MR. TAYLOR: Yeah.

21

22 MS. TAHBONE: So when they're in

23 Western Alaska, that's not including St. Lawrence

24 Island.

25

26 MR. TAYLOR: That's correct, yeah. One

27 other issue that is going to happen this year is we're

28 going to do a Trumpeter Swan survey. We do this survey

29 every five years. It's a major effort throughout the

30 entire Pacific Flyway as well as coordination with

31 other provinces in Canada and states. The Pacific

32 Coast management objective is over 25,000 birds. Right

33 now we're very close to that in the Pacific Coast

34 population, basically at 25,000.

35

36 The North American population is around

37 34,000. In Alaska, we're proud owners of about 70

38 percent of the North American population and 95 percent

39 of the birds that occur in the Pacific Coast occur in

40 Alaska.

41

42 Trumpeter Swans are doing very well in

43 terms of growth rates. For the past 40 years or so, 6

44 percent for North America and just about 6 percent for

45 Alaska, so those are annual growth rates. Trumpeter

46 Swans are definitely expanding both in numbers and in

47 terms of their distribution. They've continued to

48 expand their range since 1950, so this is one species

49 that's doing very well.

50

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82

1 In 2010, we will do our survey in

2 Alaska and then we'll coordinate the survey in the

3 Yukon Territories, Alberta and British Columbia. This

4 is a sample of what we will do in 2010 and some major

5 effort is going to occur in August. The areas that

6 we'll sample here, the 2010 random sample design that

7 will be used.

8

9 Finally, the last thing to alert

10 everybody is that these aircraft that you see here will

11 be retired starting probably next year, all three

12 Cessna 206's as well as the turbine Beaver, due to

13 safety concerns. We've been flying all these aircraft

14 with waivers from the Office of Aircraft Services and

15 we'll be going to a new survey aircraft made by a

16 company out of Idaho. We'll have four of these

17 aircraft. They're going to be delivered this year.

18 We've been waiting for them quite some time and they're

19 still undergoing the final test. In fact, we've got a

20 pilot in Minnesota right now at Whip Air Float Company,

21 the folks that make these things here, testing them

22 out. Then we'll do training in 2010.

23

24 Next year, similar to the survey that

25 -- or the question that Enoch and Peter, I think, asked

26 me in terms of visibility and trying to detect birds,

27 this is one example of what we're going to do. We're

28 going to fly the Cessna 206, the Beaver and the Kodiak.

29 We're going to do a visibility study, so we'll fly over

30 an area and try to determine the numbers of birds and

31 then determine what the difference is by using this new

32 aircraft versus our older aircraft. You can imagine

33 once you fly a new aircraft the size of your window

34 differs, your view as you look out the window may be

35 different, so we're going to do a test next year and

36 actually determine the rate between those three

37 aircraft. So we'll have two in Fairbanks and two in

38 Anchorage.

39

40 MS. HILDEBRAND: Why are you switching

41 to this aircraft if you don't know what it's doing or

42 what it's capable of?

43

44 MR. TAYLOR: Can you clarify what it's

45 capable of? What do you mean?

46

47 MS. HILDEBRAND: You're saying it's a

48 new aircraft and you don't know what the window

49 difference will be and you're going to be using them

50 for surveys and the difference in surveying is what I'm

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83

1 asking about.

2

3 MR. TAYLOR: We're going to this

4 aircraft because it's a safer aircraft primarily. In

5 fact, we're being forced to a safer aircraft because

6 the Office of Aircraft Services has been concerned

7 about our flying the Cessna 206's with a waiver. So

8 we're going to a turbine-powered aircraft which by

9 design is safer.

10

11 In terms of -- no matter what aircraft

12 you go to, if it's a different design, you're always

13 going to have questions about is your visibility

14 different. If we could stay with a Cessna 206, there

15 are certain advantages certainly to it, we would stay

16 to it, but the current design, it's impossible to fly

17 the surveys that we do in Alaska without it being

18 considered over waiver. So we're being forced to it.

19 We're taking great lengths to make sure that our

20 surveys don't change.

21

22 Starting in 2011, if you see a change

23 in the numbers of Emperors or the numbers of Brant,

24 that's actually due to the population and not due to

25 the aircraft. So that's why we're doing the study.

26

27 MS. TAHBONE: I have some questions,

28 Eric. What are your plans regarding research for

29 Yellow-billed Loons?

30

31 MR. TAYLOR: In terms of?

32

33 MS. TAHBONE: Population.

34

35 MR. TAYLOR: We don't have any specific

36 or new projects relative to estimating Yellow-billed

37 Loons. USGS Joel Smuts is doing a study in Canada

38 looking at Yellow-billed Loons, but we don't have any

39 new designs right now for a survey or a specific

40 research.

41

42 MS. TAHBONE: And then you mentioned

43 climate change. What's your climate change program?

44 How do you determine your research under that?

45

46 MR. TAYLOR: Okay. Julian Fisher is

47 here. Has been the principal investigator for a long-

48 term study on the Y-K Delta and I might ask Julian to

49 come up because he's probably got some of the best

50 dataset in North American in terms of breeding

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84

1 waterfowl and potential effects of climate change.

2

3 MS. TAHBONE: Is this new money -- I'm

4 kind of thinking about the new money that's going to be

5 coming in.

6

7 MR. TAYLOR: No, it's actually -- this

8 has been a long-term monitoring program on the Y-K

9 Delta on nest plots that Julian has been running in

10 terms of estimating the numbers and timing and

11 productivity of a suite of breeding birds. So I'll let

12 him address that. I'll get back to your question

13 relative to new fundings that Fish and Wildlife Service

14 has received through what's called Landscape

15 Conservation Cooperatives. I don't know if you've

16 heard that term or not.

17

18 MS. TAHBONE: Yeah, that's what I was

19 interested in.

20

21 MR. TAYLOR: Yeah, I'll address that

22 because we are starting some new things relative to

23 that.

24

25 MS. TAHBONE: I don't need to hear from

26 him unless somebody else does.

27

28 MR. TAYLOR: We are going to start a

29 new study. We're actually going to have a position, a

30 two-year post-doctoral appointment come in. It's in

31 collaboration with USGS. There are three aspects of

32 the study. We actually have some of the best data in

33 North America on abundance and distribution of birds on

34 the Arctic Coastal Plain. So what this person is going

35 to do is he or she will look at the dataset that we

36 have collected on the Arctic Coastal Plain relative to

37 the suite of species that nest there and we'll look at

38 the distribution and how that distribution and density

39 of birds has shifted or possibly has shifted over the

40 time period, which is over 20 years that we've been

41 collecting data up on the Arctic Coastal Plain.

42

43 We're then going to take that

44 information and overlay it on habitat maps. So we're

45 going to work with people that know about -- that have

46 typed the habitat and classified the habitat on the

47 Arctic Coastal Plain and we'll be able to identify what

48 habitats are selected by what species. So we'll look

49 at White-fronts, Brant, Pintails, the suite of species

50 that occur on the Arctic Coastal Plain, and come up

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85

1 with a habitat association. And then we'll look at how

2 habitat has changed over time and how that possibly has

3 affected distribution of birds.

4

5 Finally, the final step to the analysis

6 will be looking at, and this may require -- this may be

7 years out, but looking at the most relevant climate

8 change models that are appropriate for the arctic and

9 then trying to predict how climate change may affect

10 habitats, wetlands and other types of habitat.

11

12 For example, we have large chunks of

13 property on some of our National Wildlife Refuges that

14 were very important waterbird and waterfowl habitat and

15 now moose habitat. The wetlands have dried up

16 significantly and has gone to alder and willow. In

17 this case, I mean we can actually see this over the

18 time period that we've been doing our surveys. So

19 we'll use these climate change models in the Arctic

20 Coastal Plain to try to predict how things might change

21 in the future.

22

23 So that's one example. That person

24 will be housed in the Waterfowl Management branch.

25 It's going to be funded by the U.S. Geological Survey,

26 Alaska Science Center. That work will start this year.

27

28 MS. TAHBONE: I had one more question.

29 When are you going to be doing the survey for Emperor

30 Geese this year?

31

32 MR. TAYLOR: That survey is coming up.

33 I'll have Julian -- I want to say within.....

34

35 MR. FISHER: April 26th.

36

37 MR. TAYLOR: Okay. So next week. I

38 knew it was soon.

39

40 MS. TAHBONE: What time was it last

41 year?

42

43 MR. TAYLOR: Same time.

44

45 MS. TAHBONE: I thought that was an

46 issue regarding the timing of it. Was it done later or

47 earlier? When is it normally done?

48

49 MR. DEVINE: Last year they did the

50 survey three days later because of weather conditions

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86

1 and found 30,000 more birds than the year before.

2 They're still not taking into consideration local and

3 traditional knowledge on when the birds are actually

4 moving. They're out there doing the survey while the

5 birds are flying. Just a week or 10 days later would

6 probably bring the numbers up a lot.

7

8 MS. TAHBONE: So did you guys re-

9 evaluate that based on the information that you got

10 from last year's survey of the timing of your survey or

11 are you just doing it the same time?

12

13 MR. YOUNG: I'm not aware of any new

14 information that would have caused us to have shifted

15 the survey one way or the other in terms of -- but,

16 Peter, I'd be interested in hearing what your

17 observations were. And Julian Fisher is here, who is

18 the project leader for the pilot biologists that do

19 that survey, so let's chat to determine what you think

20 we should be doing.

21

22 MS. TAHBONE: I mean the records show,

23 right? I mean we were presented information at our

24 fall meeting. Dan provided -- I think it was Dan that

25 provided information to us showing that significant

26 increase from the previous survey.

27

28 MR. TAYLOR: Relative to Emperors?

29

30 MS. TAHBONE: Uh-huh.

31

32 MR. TAYLOR: Let me just go back and

33 take a look at it real quick. So for Emperors the

34 population was estimated around 60, maybe 65,000 and

35 then we had an estimate of somewhere around 95,000. So

36 whether that's due to survey timing or just variability

37 in the survey is very difficult to say. Based on one

38 year, it would be difficult for me to say, yes, it was

39 survey timing that caused that increase.

40

41 CHAIRMAN NANENG: We've got to move

42 along on the agenda, but I've got a couple questions

43 before we get away from the information here.

44

45 MR. TAYLOR: Okay.

46

47 CHAIRMAN NANENG: One, is there any

48 information regarding trawl fleet impact in the Gulf of

49 Alaska on the wintering grounds for Stellar's Eiders?

50 Are there any known impacts?

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87

1 MR. TAYLOR: Impacts of what? I'm

2 sorry.

3

4 CHAIRMAN NANENG: By the trawl fleet.

5 By the pollock trawl fleet.

6

7 MR. TAYLOR: Oh, the trawl. Not that

8 I'm aware of, Myron. I'm not aware of any.

9

10 CHAIRMAN NANENG: Has there been any

11 inquiries as to whether there's any impacts by the

12 trawl fleet?

13

14 MR. TAYLOR: Not that I'm aware of.

15

16 CHAIRMAN NANENG: I think that's one

17 thing that possibly should be asked. The other one is

18 oil and gas exploration in Eastern Arctic state of

19 Alaska, Prudhoe Bay. I know there's been reports of

20 nets catching Yellow-billed Loons in Colville River, is

21 that right? I'm just asking that question. Were there

22 baseline studies prior to the oil and gas exploration

23 for the Yellow-billed Loons and Stellar's Eiders for

24 that matter before oil and gas exploration was

25 executed?

26

27 MR. TAYLOR: Specific to that region,

28 so oil and gas was discovered in the early '70s or late

29 '60s, but the development started in the '70s. You

30 know, in terms of specific studies for that region, I'm

31 not aware of any. Our surveys have been ongoing well

32 before then, but I can't provide any more detail than

33 that.

34

35 CHAIRMAN NANENG: Thank you. Did you

36 have a question, Taqulik.

37

38 MS. HEPA: Thank you, Mr. Chair. I was

39 just wondering, maybe I missed it, but for the

40 Spectacled Eider did you have like a target goal for a

41 population -- I don't know the right term, like a goal

42 on where you want the birds to be at? Because I know

43 that they're listed as threatened and it was showing

44 that they were increasing to some degree. How far are

45 you -- is the population from the targeted goal?

46

47 MR. TAYLOR: That's a good question and

48 actually would have been a good question to ask Sonja

49 Jahrsdoerfer with the Endangered Species Program. I am

50 not aware of like a population objective set for

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88

1 Spectacled Eiders where it would reach a certain point

2 and then become non-threatened. Certainly we're

3 seeing, like I said, very positive population growth on

4 the Y-K Delta and we're not seeing that on the Arctic

5 Coastal Plain, but certainly the population is doing

6 very well right now in the Y-K Delta.

7

8 CHAIRMAN NANENG: We do have under

9 Goose Management Plan a section that's specific to the

10 Spectacled Eiders that we're supposed to not hunt them

11 for a while until a certain population objective is

12 reached. So there must be an increase in numbers based

13 on your report of Spectacled Eiders in the Y-K Delta.

14 So maybe at some point in the future we'll go and

15 revisit that plan and see how it may allow people in

16 the Y-K Delta to also be able to hunt Spectacled Eiders

17 again.

18

19 MR. TAYLOR: Okay.

20

21 MS. HEPA: At least with the two birds

22 on the North Slope that are of concern, one of them is

23 a Spectacled Eider and the other one is a Stellar's

24 Eider and something that we need to keep in mind.

25 Like, for example, the Spectacled Eider, they're

26 increasing in your area and there's a slight downward

27 trend on the North Slope. Sometimes birds nest on the

28 North Slope for the Stellar's Eider, but sometimes they

29 don't. There's a huge population of them that do in

30 the Chukotka Russia area. Like caribou, sometimes the

31 Western Arctic Caribou Herd will and the

32 Teshekpuk Lake Caribou Herd, sometimes they change

33 their range and we know that from caribou collar

34 information. Maybe it's the same thing with the birds,

35 that some years they nest on the North Slope and other

36 years they nest on the Y-K Delta. I think that we need

37 to seriously look at that to see if there's any change

38 and maybe you guys have done that and I'm not aware of

39 it.

40

41 MR. TAYLOR: No, that's an excellent

42 question, particularly for Stellar's Eiders. We don't

43 have excellent information or very good information at

44 all in terms of could birds be bypassing Barrow one

45 year and then going to Russia to nest, for example. Do

46 they switch breeding areas. For most waterfowl,

47 they're pretty -- they're site fidelity, their tendency

48 to come back to the area that they were hatched from is

49 very high, so you usually don't see that shifting going

50 back and forth.

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89

1 With that said, we were under that

2 impression for Brant on the Y-K Delta and it took some

3 pretty serious analysis for us to be convinced that

4 these birds are actually probably dispersing from these

5 traditional colonies that Myron is well aware of and

6 possibly moving into these other areas that in the past

7 have not been that important.

8

9 Birds can shift in their breeding

10 distribution, but in terms of nesting in Barrow one

11 year and then going to Chukotka or going back and

12 forth, that would be pretty new information.

13

14 MS. HEPA: We need to find the answer

15 to that.

16

17 MR. TAYLOR: Anything else.

18

19 CHAIRMAN NANENG: Ida.

20

21 MS. HILDEBRAND: Just a point of

22 information. Approximately 10 years ago, possibly

23 slightly longer, the subsistence users in King Cove and

24 in that area were telling us that the Brants were

25 wintering in their area and they were kind of shot down

26 as saying, no, that wasn't true and I'm glad to hear

27 that they have been proven true.

28

29 MR. TAYLOR: Well, if it's any

30 consolation, I have a professor from University of

31 Nevada Reno that vowed that Brant were not dispersing

32 and all of us worked long hours thinking that was the

33 case and finally after our analysis over the past few

34 months we discovered that he's probably wrong, that

35 these birds are dispersing. It's always good to keep

36 an open mind.

37

38 CHAIRMAN NANENG: That doesn't happen

39 to be Jim Sedinger?

40

41 MR. TAYLOR: Oh, well, you didn't hear

42 it from me. Thank you.

43

44 CHAIRMAN NANENG: If there's no other

45 discussion regarding the population and trends, then

46 we'll go on to the next item, item D. Or was that

47 request to be tabled?

48

49 MS. HEPA: Thank you, Mr. Chair. I

50 will be brief on this one. This is an annual one that

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90

will do a quick presentation or introduction

3 to that proposal.

4

5 MR. PEDERSON: Thank you, Mr. Chair.

6 This proposal has been in front of the AMBCC Board

7 since 2005 or 6, I believe. I submitted it late. I

8 missed the December deadline, but I think I submitted

9 it in January sometime. It's in your packet. But

10 what's not in your packet and what I submitted along

11 with the proposal is the cultural and traditional use

12 of Yellow-billed Loons on the Arctic Slope by Inupiat

13 Eskimos and it's a PowerPoint and I submitted it with

14 the proposal, but the attachment was not in your

15 packets.

16

17 MS. DEWHURST: There is some copies on

18 the back table.

19

20 MR. PEDERSON: So there's copies in the

21 back. So it's just the similar proposal that was

22 submitted last year. One of the things we wanted to

23 hear from the Service just to refresh our memory is --

24 you know, we've been doing this for a few years now,

25 this exact same proposal, the exact same words, so we

26 just wanted to be reminded why do we still need to

27 submit this proposal over and over again.

28

29 MR. TAYLOR: I don't know the history

30 of it, so it's a

31 little difficult for me to say. Right now Yellow-

32 billed Loons are closed to harvest and in order to have

33 any take of Yellow-billed Loons this proposal is

34 necessary and I believe it has to be done on an annual

35 basis.

36

37 The Service remains concerned. The

38 bird is warranted but precluded at this point, which

39 means it could be a candidate species. It's a

40 population and species we will be remained concerned

41 with. So at this point I think it would be premature

42 for us just to allow a regulation to be in permanent

43 place allowing up to 20 Yellow-billed Loons to be

44 taken. It's the best answer I can give you.

45

46 MR. PEDERSON: All right. Thanks.

47 Along with that I'd just like to ask Josh Bacon, our

48 biologist, to come up and as part of our obligation

49 just give you a really brief summary of our 2009 -- our

50 reporting requirements for last year.

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91

1 biologist -- our reporting requirements for last year.

2

3 MR. BACON: Joshua Bacon, North Slope

4 Borough, for the record. Taq and Mike just asked me to

5 say a couple things about this report that we're

6 obligated to submit on an annual basis as part of the

7 regulation and I'll just be quick, give you an

8 overview. This report contains information about Loons

9 that were reported to us as entangled and found dead

10 and kept. There's also a little bit of information

11 about Loons that were brought to our attention that

12 were entangled but were still alive.

13

14 The gist of it this year is that we had

15 two Yellow-billed Loons that were volunteered to us as

16 found dead and kept. Both of those Loons were in

17 Nelson Lagoon, northwest Nelson Lagoon, and two Yellow-

18 billed Loons were called into the department as

19 entangled but still alive and fishers needed help

20 releasing those birds. DWM staff aided in that and

21 released two Yellow-billed Loons unharmed.

22

23 Is there any questions?

24

25 MR. TAYLOR: Josh, can you give me an

26 idea of the extent of injuries on those two birds?

27 Were they perfectly fine or did you have any indication

28 that they may or may not survive?

29

30 MR. BACON: Sure. Both Loons were in

31 very good condition. I don't think they were in the

32 nets very long. In Nelson Lagoon, there's a road that

33 runs along a large extent of the fishing area, so when

34 people drive by and they see entangled Loons, they tend

35 to inform us. So we can usually catch them pretty

36 early, even in late hours because it's light 24 hours a

37 day and there's still traffic on that road.

38

39 MR. TAYLOR: Thank you.

40

41 MS. HEPA: Just one thing I wanted to

42 add, too. We do outreach again with the fishermen from

43 the North Slope on reporting. Through one of our

44 projects we have fishermen log how many fish they catch

45 and which river and whatnot, so we are in communication

46 with them. One of the questions that's in their log

47 form is if Yellow-billed Loons were entangled in nets

48 and they report it. We receive those on an annual

49 basis and this year we didn't get anyone reporting that

50 they were, but historically we have had those recorded

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92

1 in the fishermen's log books.

2

3 MR. TAYLOR: Myron, one question for

4 Mike. When the

5 proposal was presented last year, we had a discussion

6 in terms of some potential mitigative measures that the

7 Borough could consider to decrease the likelihood or

8 probability that Loons may be captured and I wanted to

9 know if you had an opportunity to do any research

10 relative to that or do any investigations or try any

11 techniques. We didn't really have any specific

12 objectives or specific recommendations for you and I

13 probably am remiss in not calling you later after the

14 meeting and brainstorming in terms of some cost

15 effective things that may work, but I didn't know if

16 you had the opportunity relative to that or not.

17

18 MR. PEDERSON: Thank you, Eric. You

19 reminded me of it. I was going to say something about

20 it earlier, but I just forgot. I do recall that

21 conversation we had and I do recall at the SRC meeting

22 in D.C. in July that that was a request from the SRC as

23 well. We did talk about it internally within our

24 department about what we could possibly do. I've also

25 talked about it with one or two other biologists in the

26 Lower 48 that were at the Pacific Flyway meetings in

27 July as well.

28

29 But to get to the point, no, we haven't

30 identified any other conservation measures to protect

31 Yellow-billed Loons as far as them getting entangled in

32 fishing nets. We did have some ideas floating around

33 about some kind of flags or something, like similar to

34 what we use for Spectacled and Stellars on wires, what

35 are they called, bird deflectors. We thought about

36 some type of bells or something, but for us as

37 subsistence fishers up there, we just didn't think it

38 was feasible to do that.

39

40 I haven't made an effort to talk with

41 the other biologists in the Lower 48 where I understand

42 that they spend a lot of money in the research on

43 trying to keep birds out of fishing nets, similar --

44 not quite as similar as to what we have, but a similar

45 process that has happened. We just haven't looked at

46 any of those issues further just because our nets are

47 not very big. We get to them with little rowboats. We

48 haven't had the time to look into any of those

49 additional measures.

50

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93

1 MR. TAYLOR: Thanks, Mike. I guess I

2 would like to offer -- Tamara Zeller is sitting in the

3 back, our outreach specialist and an expert on Loons in

4 Alaska in my division. As I said, I think I was remiss

5 in not following up with you in terms of trying to work

6 with the North Slope Borough. I guess I would still

7 like to stress we'd like to see if there's any

8 potential opportunities out there to decrease the

9 likelihood of Loons being captured. Keeping in mind

10 that you're dealing with residents that can't likely

11 afford complex, expensive, difficult, not feasible

12 methods.

13

14 What we had envisioned, you know, it

15 could be something as simple as a child's windmill that

16 could be used to cause birds to stay away from nets.

17 Again, I haven't had the opportunity like yourself to

18 really look into it, but I would like to investigate

19 what possibilities there might be.

20

21 CHAIRMAN NANENG: Taqulik.

22

23 MS. HEPA: Thank you, Mr. Chair. I

24 thank you for that comment. I just want to say that

25 the take is so low that I don't think it should be such

26 a focus. I do a lot of fishing in the summer up on the

27 river and maybe once in the last 15 years we had a Loon

28 get caught in our net. We do daily surveys driving

29 where people fish off of Barrow. We do daily four-

30 wheeler surveys to check the nets. Josh and Mike and

31 others do the survey on a daily basis, but it's a rare

32 occasion and I don't think we should focus so much

33 attention on this issue.

34

35 CHAIRMAN NANENG: Joe.

36

37 MR. HICKS: I'd like to say I believe

38 the North Slope has

39 made extreme, extraordinary efforts toward the Loon

40 effort here and I really applaud them for it. I

41 appreciate all that you have done. Just by the

42 reporting of two being caught and two being released

43 that pretty much tells me that your effort is being

44 realized. It's working. Again, like I say, I applaud

45 you for it.

46

47 I do have one question for Mike,

48 though. You said nothing from the language of last

49 year's proposal has changed?

50

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94

1 MR. PEDERSON: No, nothing.

2

3 MR. HICKS: Therefore, Mr. Chairman, I

4 move to adopt that proposal.

5

6 MS. HEPA: Second.

7

8 CHAIRMAN NANENG: Motion made and

9 seconded. Any further discussion.

10

11 MS. HEPA: Call for question.

12

13 CHAIRMAN NANENG: The question has been

14 called for. All in favor say aye.

15

16 IN UNISON: Aye.

17

18 CHAIRMAN NANENG: Those opposed say no.

19

20 (No opposing votes)

21

22 CHAIRMAN NANENG: Motion to adopt

23 Proposal 1 from the North Slope Borough has been

24 adopted.

25

26 MR. SHIEDT: Myron.

27

28 CHAIRMAN NANENG: Yes.

29

30 MR. SHIEDT: I was going to say exactly

31 what Joe said. I would applaud Barrow for bending over

32 backwards, doing their best on those Yellow-billed

33 Loons and only four is being caught and these are

34 accidently caught birds. They're not targeted on the

35 nets. The birds were hunting the fish, the same fish

36 the Eskimos were trying to harvest. I would suggest

37 don't make an issue about this. It's not being done on

38 purpose.

39

40 CHAIRMAN NANENG: Josh.

41

42 MR. BACON: I just feel I need to

43 clarify a couple of things so there's no

44 miscommunication. Joe, I appreciate what you said, but

45 just for clarification this isn't an estimate of total

46 entanglements on the Slope. This is information that

47 was volunteered to us as an obligation of the

48 regulation. I don't want people to think that this is

49 a total estimate of Slope-wide entanglement.

50

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95

1 A couple of things that we found -- you

2 know, we've kept what was said about looking at methods

3 to decrease entanglement all year and what we found is

4 communication with the fishers and doing more outreach.

5 One thing we did is we added a section in the back of a

6 fishing log book that talks about the Yellow-billed

7 Loon is a species of concern and that we're concerned

8 about it and to record any entanglement incidents and

9 we also encourage frequent net checks in order to catch

10 these Loons before they get entangled too severe. This

11 way they're easier to release by the fishers or us.

12

13 I think that's it.

14

15 CHAIRMAN NANENG: Mike.

16

17 MR. PEDERSON: I just want to thank the

18 Council again for however many years I've been sitting

19 up here presenting this Loon proposal. I just want to

20 thank you guys for your continued support.

21

22 CHAIRMAN NANENG: Thanks, Mike.

23

24 MR. HICKS: Can we go for a 10-minute

25 break?

26

27 CHAIRMAN NANENG: Yes, a 10-minute

28 break.

29

30 (Off record)

31

32 (On record)

33

34 CHAIRMAN NANENG: We'll go ahead and

35 call the meeting back to order. The time is 3:23 p.m.

36 On the agenda we have the Oregon Cackling Canada Goose

37 depredation issue. Right after the discussion of this

38 I request to be excused because I have to catch a

39 flight. On Thursday evenings there's no more flights

40 to

41 Bethel. Apparently Alaska Airlines has enough traffic

42 for other parts of the state that they took away one

43 flight going to Bethel on Thursday. I have to catch

44 the flight tonight so I can prepare for the meeting

45 that we're going to have tomorrow and also on Friday.

46

47 For the meeting that we talked about

48 for the AMBCC, we're going to set up a teleconference

49 number and have discussion on Friday morning regarding

50 what we're going to be talking about with the

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96

1 Department of Interior, the solicitor and BIA. I've

2 requested our secretary back in Bethel to get the

3 number and the extension. The other number that you

4 have is the teleconference number for Friday

5 afternoon's meeting at noon.

6

7 There was a comment during the break

8 that whenever we have guests come out to the villages

9 to talk about any issues related to waterfowl, wildlife

10 management or even meetings that impact the community

11 or the region we usually host a potluck in the villages

12 or in the region or in the hub where we have our

13 meetings. Enoch noticed that there were like about

14 three women out in the audience that have been plugging

15 some ducks or geese, or maybe four including Donna over

16 there in the corner, to cook for a potluck dinner for

17 the group here.

18

19 MS. ZELLER: You may not want to eat it

20 if I cook it.

21

22 CHAIRMAN NANENG: So for the next AMBCC

23 meeting, if we happen to have it here, we anticipate

24 having a potluck dinner ready for us. We can help

25 Oregon reduce their depredation issue with a few

26 Cacklers here and there.

27

28 Dan, can you come up and make the

29 presentation on the next item. It's the Oregon

30 Cackling Canada Goose issue.

31

32 MR. ROSENBERG: Hi. Dan Rosenberg. I'm

33 pretty much going to introduce Bob Trost to really make

34 the presentation because we had talked about this

35 earlier and Bob was going to do it, so I didn't really

36 prepare it, but just to give you the background on it.

37 At the last Pacific Flyway Council meeting, Oregon

38 essentially served notice that they are going to try to

39 initiate the process to increase the harvest, the

40 winter harvest in Oregon starting this fall and Bob

41 wants to come up and talk about that.

42

43 Currently the three-year average is

44 something around 165,000 birds. The population

45 objective that was established in the Cackling Canada

46 Goose Management Plan, which is intertwined with the

47 Hooper Bay Plan and the Y-K Delta Goose Management

48 Plan, is 250,000. The current harvest strategy is

49 roughly 10 percent of whatever the current population

50 estimate is based on the three-year average. So this

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97

1 would essentially -- Oregon's proposal may involve

2 changing harvest strategy to try to keep the population

3 stable at 165, 170,000 birds so it wouldn't increase

4 anymore. That's what they're essentially talking about

5 and Bob can follow up on that.

6

7 MR. TROST: Thanks, Dan. And thanks

8 for the time to explain this on behalf of Oregon. As

9 you know, this has been a long-standing problem and the

10 WCC has made a couple trips down to Oregon and we've

11 tried to work together to resolve some of these issues.

12 They've continued to develop and Oregon finds itself in

13 a position where the agricultural community has gone to

14 the State legislature and gotten the State legislature

15 involved and formed a commission to look into this

16 issue.

17

18 Their opinion is that given the current

19 state of this situation they can't afford any more

20 Canada Geese until they are able to put some longer-

21 term programs in place that will provide sufficient

22 winter habitat on public lands or on lands which they

23 have conservation easements to support them.

24

25 So what they're going to do this year

26 for sure is they're going to come in and they're going

27 to ask for an increase in the Cackling Canada Goose bag

28 in this depredation area that they're having these

29 problems in. Of course, that does affect growth

30 towards the population objective and a number of other

31 things. So they wanted to be sure that folks here were

32 well aware that that request would be coming.

33

34 Right now their intent is not to

35 abandon the population objective that's been

36 established in the plans, but they're simply sort of

37 asking for a time out. They want a little bit of time

38 to try to work with the agricultural community and try

39 to address some of these depredation problems that they

40 have. So they will be requesting an increase in the

41 bag limit.

42

43 In addition, there's under serious

44 discussion -- and this probably is worthy of some

45 thought and discussion on behalf of the AMBCC, probably

46 not at this meeting but outside this meeting.

47 We have had a long-standing practice of not issuing

48 depredation kill permits for game animals in

49 particular. In other words, a permit that would allow

50 a landowner to go out and shoot animals that are

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98

1 causing damage on their lands. Historically, we have

2 avoided issuing those kinds of permits for game

3 animals, particularly for geese.

4

5 There's a request from the agricultural

6 community in Oregon and Washington that they be allowed

7 a limited amount of this harvest that they're asking to

8 increase be dedicated to this specific purpose. The

9 real reason for this is the time of the year in which

10 their worst damage occurs is the time of year after the

11 Migratory Bird Treaty mandates that the hunting season

12 be closed.

13

14 So when the hunting season has to close

15 in the Lower 48 on March 10th and that's established in

16 the treaty, that period from then until when the geese

17 leave, which has extended a bit and now runs until

18 about the 15th of April, is a period of time in which

19 the geese are doing the greatest damage to the crops

20 and they can't allow any hunting to try to drive them

21 off their property. So what they're asking for is

22 permission to -- in addition to the other scare

23 techniques and they use canons and flags and a number

24 of other things to try to keep the geese off these

25 crops too, they're asking for permission to kill some

26 of these birds to reinforce that and help them keep

27 these birds out of these areas.

28

29 That's a subject that the government,

30 Fish and Wildlife Service has a process in place that

31 would allow us to issue permits for this activity.

32 Again, that's one of those things we would not want to

33 do without you being aware of it and having an

34 opportunity to comment on it.

35

36 So those are the two actions that are

37 being proposed this year, increase in the bag limit on

38 Cackling Canada Geese and to issue a limited number of

39 depredation permits that would allow them to kill

40 geese, Cackling Geese, primarily outside of the hunting

41 season.

42

43 I'd answer any questions about that.

44 Yes.

45

46 CHAIRMAN NANENG: Go ahead, Ida.

47

48 MS. HILDEBRAND: Thank you, Mr. Chair.

49 Am I understanding you correctly that you say their

50 worst time when they want these kill permits are March

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99

1 10th through 15th of April?

2

3 MR. TROST: Yes.

4

5 MS. HILDEBRAND: Is there any

6 provisions or allowances that would allow Alaska

7 Natives to go down and hunt during that time?

8

9 (Laughter)

10

11 MR. TROST: It's an interesting idea.

12 There's none that I'm aware of right now, although you

13 could certainly act as one of their agents to take

14 these birds.

15

16 MS. HILDEBRAND: By invitation.

17

18 CHAIRMAN NANENG: I think if you're

19 going to be hunting down there, they will require you

20 to buy a duck stamp as well as Oregon state hunting

21 license.

22

23 MS. HILDEBRAND: No, they buy the duck

24 stamp.

25

26 CHAIRMAN NANENG: Molly.

27

28 MS. CHYTHLOOK: Are they just going to

29 be killing these or is this going to be a sport hunt or

30 what kind of a hunt is this?

31

32 MR. TROST: No, it's not intended to be

33 a hunt. It's really a scare tactic really.

34

35 MS. CHYTHLOOK: So they're not going to

36 be killing the birds, they're just going to scare them?

37

38 MR. TROST: Well, their intent is to

39 kill at least some.

40

41 MS. CHYTHLOOK: And then what are they

42 going to do with them?

43

44 MR. TROST: The way that our permits

45 usually work is they would have to be what we call

46 donated for scientific purposes, so we would probably

47 take those birds and use them for studies.

48

49 MS. CHYTHLOOK: Are they going to have

50 a plan of harvesting X percent, like 10 percent of the

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100

1 population?

2

3 MR. TROST: Right now the harvest

4 strategy allows for taking 10 percent of the population

5 and right now we believe there's about 175,000. Most

6 of those geese are being killed currently in the Y-K

7 Delta during the subsistence season or during the sport

8 harvest season in Washington and Oregon. What Oregon

9 is asking to do right now is to increase that take

10 slightly and use some of that slight increase for this.

11 In reality, they're not going to be killing a lot more

12 geese than they kill right now, but there is a

13 different methodology for this agricultural depredation

14 that could be involved.

15

16 MS. CHYTHLOOK: So is there going to be

17 encouraged to increase harvests here in Alaska for

18 Cackling?

19

20 MR. TROST: The state of Oregon would

21 be overjoyed if you would increase the harvest in

22 Alaska. The risk you run is much like Eric talked

23 about earlier with Emperor Geese. All these goose

24 populations, if you get the harvest too high, then the

25 population declines. Right now we're at the stage with

26 Cacklers where we're just barely increasing and the

27 folks in Oregon would like to stop that increase even

28 until they get some of these other things straightened

29 out.

30

31 But you take too many of them and what

32 will happen is they'll go down fairly dramatically. As

33 you may recall, we had Cackling Canada Geese driven

34 down to about 25,000 primarily through harvest. We've

35 brought them back to 175,000 primarily by controlling

36 harvest. What we've got is a situation where we were

37 successful in restoring a population, but it changed

38 its wintering distribution such that it now causes some

39 considerable agricultural depredation and that's what

40 we're trying to resolve.

41

42 CHAIRMAN NANENG: Joe.

43

44 MR. HICKS: Is this harvest -- is it

45 all the way up to the

46 state legislature for instance? Is the legislature in

47 support of that harvest?

48

49 MR. TROST: Yes. Believe it or not the

50 group that I sit on with Ron Anglin, who couldn't be

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101

1 here because he's dealing with this legislature, it's

2 chaired by a senator, Senator Betsy Johnson, and has a

3 state representative on this little group that's just

4 trying to work on goose task force issues. It has a

5 great deal of political interest because, for the most

6 part, Oregon is an agricultural state. Agriculture is

7 very important there. They raise a lot of crops. It's

8 probably one of the primary ways in which the state

9 earns its money, much like oil would be in Alaska.

10

11 MR. HICKS: I lost my track of mind.

12 What was I going to say?

13

14 CHAIRMAN NANENG: Peter. Or do you

15 want to.....

16

17 MR. RABE: (Shakes head)

18

19 MR. DEVINE: I know a couple of years

20 ago Anchorage had a

21 goose problem. Anchorage is an excluded area from the

22 subsistence harvest, but they were given a special use

23 permit for the people to go and harvest, but it was

24 only a short little window and it worked. They took

25 care of the ones out by the airport. They took care of

26 the ones downtown. They depleted them pretty good.

27 Have you guys thought of getting a special use permit?

28

29 MR. TROST: Essentially that's what

30 this depredation permit is intended to be. The same

31 kind of thing. A relatively short window of time, not

32 a whole lot taken, but enough to try to fix the

33 problem.

34

35 CHAIRMAN NANENG: Joe and then Ida.

36

37 MR. HICKS: I remember what it was now.

38 What would happen if we decide not to take action or

39 not support the proposal?

40

41 MR. TROST: Eventually this will come

42 before the Service

43 Regulation Committee and they'll have to make a

44 decision on this. One of the things that Oregon wanted

45 to make sure is that if you would care to comment on

46 this, that you would have this opportunity. You know

47 that this is going to come down the line and you have

48 an opportunity to make comments on it.

49

50 If you choose to say nothing, much like

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102

1 we talked about earlier, regulation, silence is sort of

2 an endorsement without saying we think this is a good

3 idea. You could also say you think it's a good idea or

4 you could take the stance where you're not in favor of

5 this and the Service Regulations Committee would take

6 that under advisement when it considered that proposal

7 and it may or may not support it because of that.

8

9 CHAIRMAN NANENG: Ida.

10

11 MS. HILDEBRAND: Thank you, Mr. Chair.

12 These animals that would be killed under this special

13 permit, would they be eaten or just tossed?

14

15 MR. TROST: Well, the general practice

16 is neither of those things happen. The farmers aren't

17 allowed to keep them and that's primarily as a

18 deterrent for them shooting them just to get them to

19 eat. They're required to turn them over to us, to the

20 State or the Federal agency. We have a number of

21 issues that we're always looking for birds for. It

22 might be a genetic study. It might be a study of

23 whether pesticides are becoming concentrated in them or

24 whatever. So we would use those birds for what we call

25 scientific purposes. We would use them in these

26 studies rather than going out in the wild and taking

27 birds.

28

29 CHAIRMAN NANENG: From AVCP Waterfowl

30 Conservation Committee is going to have a big impact on

31 our people out in the Y-K Delta, so we intend to make

32 comments. I talked to Dale a little bit, but one of

33 the things that we'll have to do is also contact the

34 Waterfowl Conservation Committee members because over

35 the years our villages have tried to abide by the

36 conservation measures that have been agreed to under

37 the Goose Management Plan.

38

39 If there's further reductions on the

40 Cackling Canada Geese, population is going to have a

41 big impact and we're going to have to do a lot of

42 communications with our villages as to how much we

43 could potentially harvest. We've seen the farmland

44 depredation with the meetings that we've gone to down

45 in Oregon. We sympathize with the farmers, however we

46 also are concerned about the fact that our people need

47 to eat waterfowl for subsistence purposes.

48

49 So, from our perspective, we're caught

50 between a rock and a hard place. However, we want to

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103

1 maintain as high a number of Cackling Canada Geese as

2 possible because we had quite an extensive period of

3 time where we all had to give up hunting of Cackling

4 Canada Geese for a while until such time that they

5 reached a certain population level.

6

7 Go ahead, Ida.

8

9 MS. HILDEBRAND: Thank you, Mr. Chair.

10 Could it be part of your study to see how returning the

11 birds to Alaska Natives in the Y-K Delta for food would

12 impact their efforts on conservation or reduce the

13 number of their take as required for their populations?

14

15 MR. TROST: You mean to have the birds

16 that they took shipped here for folks to use for food?

17

18 MS. HILDEBRAND: (Nods)

19

20 MR. TROST: I think the problem that we

21 would run into is that it's expensive to do that and

22 there's an open question as to who would pay. But you

23 might make that recommendation and see what happened

24 with it. It's conceivable that the farmers are

25 concerned enough about this. They might foot the bill

26 for shipping them up here.

27

28 CHAIRMAN NANENG: Peter.

29

30 MR. DEVINE: Thank you, Mr. Chair. Has

31 the State thought of any kind of a farm buy-back

32 program to increase the habitat?

33

34 MR. TROST: That's one of the things

35 they're looking for a little bit of time to work on.

36 We call them easements, but it's the same idea. Some

37 of these farm fields, they tend to be the ones that are

38 closely located to our refuges. They get hit really

39 hard and it's hard for the farmers to get a crop off

40 of them. Especially with the numbers of geese that

41 they're dealing with now.

42

43 So the thinking is that the State would

44 pay them a certain amount of money per acre for what

45 they call a conservation easement. They would plant

46 that to something that the geese like to eat and then

47 they would let the geese eat it and they would get

48 their money from the State and the State would have

49 essentially additional wintering ground for the geese.

50 It takes a while to put a program like that in place

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104

1 and get it funded. In the short term, they'd like to

2 not get any more geese until they get that up and

3 running.

4

5 CHAIRMAN NANENG: Any more questions.

6

7 (No comments)

8

9 CHAIRMAN NANENG: That was for

10 informational purposes, but we definitely will need to

11 make some comments. I know that when I get back with

12 our Waterfowl Conservation Committee we'll inform the

13 villages of the plans that Oregon has. We've tried to

14 work with the farmers. We've invited them up here to

15 Alaska, but unfortunately the only time that they've

16 been up here is when there's snow on the ground and

17 never a bird in the sky. So we'll invite them up again

18 and hopefully it wouldn't be in the middle of their

19 growing season. So we're aware of their issues as

20 well.

21

22 MR. HICKS: How much time do we have?

23

24 MR. TROST: The proposals will come

25 before SRC as part of the late season proposals process

26 and that will be the first week in August. So these

27 proposals will be made formally at their July Council

28 meeting and then they'll be presented to the Service

29 Regulations Committee the following week. Because

30 that's obviously a very short time frame, we didn't

31 want anyone to be surprised. We kind of came up here

32 and made this effort to make sure you all knew that

33 this was going to happen and I'm sure that it will at

34 this point. There are -- at least I'm sure Oregon will

35 propose this at this point.

36

37 The public comment period on any

38 regulatory proposal would occur approximately three

39 weeks after that. So the end of August, beginning of

40 September there will be a public comment period. But

41 it would be very helpful and because your regulations

42 are also discussed at that same meeting, it would be

43 very helpful for your representatives, either Federal

44 or State, to know the views of this group when those

45 things are discussed.

46

47 CHAIRMAN NANENG: Dale.

48

49 MR. RABE: Bob, just for clarification.

50 There are actually a couple of steps. I mean this will

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105

1 be discussed and a recommendation come out of the

2 Pacific Flyway Council as a normal step.

3

4 MR. TROST: Right.

5

6 MR. RABE: So that becomes a

7 recommendation. So we're really asking for another set

8 of recommendations or commenting from this body which

9 doesn't typically express itself through the Flyway

10 Council discussions that will occur in July.

11

12 MR. TROST: Well said.

13

14 CHAIRMAN NANENG: Molly.

15

16 MS. CHYTHLOOK: Thank you, Mr. Chair.

17 I guess we could, as Board members from here, could go

18 home and encourage our harvesters to increase their

19 harvest with Cackling. It's too bad that this wasn't

20 -- I don't know if -- I guess the population just

21 increased overnight and we weren't prepared for the

22 increase, so we didn't -- we weren't able to encourage

23 our harvesters here in Alaska to increase their

24 harvest. But I guess we can now. We can encourage

25 them to harvest as many Cackling as they possibly can

26 harvest.

27

28 MR. TROST: The trick is that they only

29 exist in any real numbers in Myron's area. They're

30 almost all on the Y-K Delta. Consequently, he's

31 probably got the only group of people that can impact

32 this particular group of birds. And he, as he has

33 already indicated, worked with the folks down south to

34 bring these birds back from almost gone to relatively

35 abundant again. So we want to be careful in trying to

36 fix one problem we don't put ourselves back in another

37 one.

38

39 CHAIRMAN NANENG: Any more discussion

40 on this agenda item.

41

42 (No comments)

43

44 CHAIRMAN NANENG: If not, thanks, Bob,

45 for the information and there will be some comment

46 coming from the Y-K Delta and we'll share that with the

47 Alaska Migratory Bird Co-management Council when we put

48 them together.

49

50 With that, I'd like to be excused and

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106

1 request the vice chair to continue the meeting. Like I

2 stated before, we'll email the teleconference number

3 for Friday morning to all of you hopefully by tomorrow

4 afternoon.

5

6 MS. HEPA: Thank you, Myron.

7

8 VICE CHAIR RABE: Thank you, Mr.

9 Chairman.

10

11 CHAIRMAN NANENG: Earlier I made a

12 comment when we were talking about law enforcement, I'm

13 wearing a law enforcement cap and that's the village

14 public safety officer program or organization that's in

15 law enforcement that provides village public safety

16 program in villages. Thanks. We'll see you guys

17 later.

18

19 VICE CHAIR RABE: Okay. Moving on with

20 the agenda then. Are we all prepared then to take up

21 the consent agenda item, which is item D, as it's been

22 re-labeled. Do you have a question, Taqulik?

23

24 MS. HEPA: Yeah. During the approval

25 of the agenda I had pulled the North Slope part for

26 discussion.

27

28 VICE CHAIR RABE: In terms of protocol,

29 I think it would probably be appropriate if we had a

30 motion and acted -- well, actually, I'm not sure. I

31 think in terms of consent agenda -- I need some help

32 from those that are more well-versed in Roberts Rules

33 of Order here, whether or not that requires any type of

34 vote to remove anything from the consent agenda. Do

35 you know, Donna?

36

37 MS. DEWHURST: I don't believe so. I

38 think they could do two separate votes. They could

39 vote on all the other items and

40 then do a separate vote on the North Slope.

41

42 VICE CHAIR RABE: With that and the

43 request to have North Slope Borough removed from the

44 consent agenda, are there any other changes the group

45 would want to make? We're going to have to have a

46 motion on whatever is going to be in that. So prior to

47 a motion, we should probably have a discussion if there

48 are any other changes that are needed at this point.

49 Sandy.

50

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107

1 MS. TAHBONE: Mr. Chairman. My

2 understanding is with the consent agenda there is no

3 other changes.

4

5 VICE CHAIR RABE: I mean in terms of

6 request to remove things.

7

8 MS. TAHBONE: Oh, any other request to

9 move other regions, is that what you're saying?

10

11 VICE CHAIR RABE: Yeah. If everything

12 else stays in the consent agenda then. So hearing none

13 I'd entertain a motion.

14

15 MS. HEPA: I'd like to make a motion to

16 approve the consent agenda items excluding the North

17 Slope.

18

19 MR. SHIEDT: I'll second.

20

21 VICE CHAIR RABE: We have a motion and

22 a second. Is there discussion.

23

24 (No comments)

25

26 MS. HEPA: Question.

27

28 VICE CHAIR RABE: Call for the

29 question. Those in favor say aye.

30

31 IN UNISON: Aye.

32

33 VICE CHAIR RABE: Those opposed say

34 nay.

35

36 (No opposing votes)

37

38 VICE CHAIR RABE: Motion passed.

39 Taqulik.

40

41 MS. HEPA: Moving on to the North

42 Slope, with your permission, Mr. Chair, just quickly.

43 Based on the efforts and successes of the steps that

44 have been taken both by the residents of the North

45 Slope and the Fish and Wildlife Service in regards to

46 the Stellar's Eider issue, I'd like to make a motion to

47 adopt the language from the 2008 Alaska Subsistence

48 Spring and Summer Migratory Bird Harvest specific that

49 was reflected in the North Slope Region regulations.

50 That would be my motion.

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108

1 MS. TAHBONE: Second, Mr. Chair.

2

3 VICE CHAIR RABE: We have a motion and

4 a second to use the language in the 2008 regulations

5 for the North Slope Borough. Discussion.

6

7 MR. HICKS: Call the question.

8

9 VICE CHAIR RABE: We should probably

10 allow a little time for discussion on it, Joeneal. We

11 already had a hand up before you. Taqulik.

12

13 MS. HEPA: A similar motion was passed

14 last year and I believe the year before. This body has

15 supported this motion. I just really feel that the

16 people of the North Slope have gotten the message.

17 Again, we've taken ownership. It is not a targeted

18 species. Just looking at the regulations from the

19 other regions, to me it's a little bit off balance and

20 I'd like for us to get back to 2008 regulations as they

21 were for the North Slope Region.

22

23 VICE CHAIR RABE: And to clarify the

24 difference in these regulations is simply that

25 regulation did not include shooting hours. Correct?

26

27 MS. HEPA: That is correct.

28

29 VICE CHAIR RABE: Mike, do you have

30 something to add?

31

32 MR. PEDERSON: Thank you, Mr. Chair.

33 In addition to what Taqulik said, the 2008 regulations

34 did not have any of the other conservation measures

35 just for the North Slope. So I just want to make sure

36 that that was understood as well.

37

38 VICE CHAIR RABE: Okay. Any additional

39 discussion.

40

41 MR. HICKS: Question.

42

43 VICE CHAIR RABE: Sandy.

44

45 MS. TAHBONE: All I was going to say is

46 that following this or during this discussion, but I

47 would like -- you know, we took this same action last

48 year and I would request if the Service is going to put

49 forward the same request regarding the regulations the

50 next cycle that they do it through the AMBCC process so

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109

1 that it can be vetted and discussed at the regional

2 level because we haven't had that opportunity.

3

4 VICE CHAIR RABE: Does the Service have

5 a comment on that?

6

7 MR. TAYLOR: I do not see any problem

8 with the Service increasing its communication in terms

9 of trying to make sure the AMBCC is aware of what we're

10 proposing and why we're proposing it. So I would be in

11 favor of vetting what ideas we have for conservation

12 measures, whether it be for Yellow-billed Loons or

13 Stellar's Eiders in front of this group. I would

14 agree.

15

16 VICE CHAIR RABE: Okay. I think it's

17 appropriate at this point that I add a few comments on

18 this. The State was asked to provide comments on a

19 number of the issues related to conservation actions on

20 the North Slope and within the State comments the State

21 did, in fact, suggest and question to the Service about

22 the need to have shooting hours on the North Slope

23 Borough and questioned whether or not that was a

24 necessary step in order to achieve the goal of limiting

25 or eliminating the harvest up there. Recognizing that

26 it's not a customary and traditional activity to have a

27 limitation like that.

28

29 We have already provided those comments

30 in a formal way to the Service as our view of -- a form

31 of question and potentially concern of an unnecessary

32 limitation in the methods and means used in the

33 harvest. Recognizing, of course, the goal, which is to

34 eliminate the harvest of those threatened species, the

35 Stellar's Eider particularly. So I just wanted to put

36 that on the record.

37

38 Given the fact that this, I suspect, is

39 not going to be a unanimous vote, I think we're going

40 to have to go to the representative votes from the

41 Native and I'm not sure who's representing the Native.

42 Do we need to have a caucus on this? By the bylaws, we

43 have three votes on the Council; one for the State, one

44 for the Service and one for all of the regional Native

45 groups. So who is going to be representing that vote?

46

47 MS. TAHBONE: I believe the next one we

48 have chosen in line would be Joeneal. He would be the

49 voice of our.....

50

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110

1 VICE CHAIR RABE: The voice of the

2 group on this issue?

3

4 MS. TAHBONE: Correct.

5

6 VICE CHAIR RABE: So his vote is the

7 vote that the group will abide by?

8

9 MS. HEPA: Yeah.

10

11 VICE CHAIR RABE: Ida.

12

13 MS. HILDEBRAND: Mr. Chairman. For you

14 information, that was part of the Native caucus this

15 morning, that Joeneal was selected in the absence of

16 Myron.

17

18 VICE CHAIR RABE: Thank you. Taqulik.

19

20 MS. HEPA: I'd just like to take the

21 time to thank the State for their comments that they

22 did provide. Taking a broader view of this, you know,

23 the good thing about it is that we are very well aware

24 of the conservation concern of Stellar's Eiders.

25 Whether the regulation is as it is or if it goes back

26 to the 2008, the local residents of the North Slope

27 want to continue with the outreach.

28

29 For example, if it happens to be a

30 nesting year this year, we want to make extra efforts

31 to talk about how we could protect the birds in their

32 nests with the community, the children and whatnot. So

33 that's the good part of it and that should be reflected

34 in how we vote on these regulations because there are

35 many conservation measures that are happening and will

36 continue to happen on the North Slope.

37

38 VICE CHAIR RABE: Other comments. Are

39 we ready to call the question.

40

41 MS. HEPA: Question.

42

43 VICE CHAIR RABE: We have called the

44 question. We'll do this as a roll call vote. We'll

45 start with the Native regional caucus. Joeneal.

46

47 MR. HICKS: Yea.

48

49 VICE CHAIR RABE: The State votes yes.

50

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111

1 MR. TAYLOR: Fish and Wildlife Service

2 votes no.

3

4 VICE CHAIR RABE: The motion passes

5 then. So the recommendation going forward will be to

6 have the regulations for the North Slope Borough to be

7 those that were in force in 2008. Having said that

8 yet, even Doug yesterday in explaining the process, I

9 think everybody needs to recognize that there are other

10 steps and there are other decision-making elements in

11 this process that occur at another point in time.

12

13 So as long as everybody realizes what

14 the value of the vote is at this point in time and the

15 possibility that it will not go through the entire

16 process with this recommendation holding up.

17

18 Sandy.

19

20 MS. TAHBONE: Just one remark. The

21 regulation itself, you know, is it a good regulation or

22 a bad regulation as far as conservation? If the intent

23 is a conservation effort, I don't believe that's the

24 outcome or the -- given the I want to say frustration

25 levels of Alaska Natives across the state when it comes

26 to developing regulations and the impact of regulations

27 and whether or not in this instances a conservation

28 regulation.

29

30 Does it, in fact -- will the outcome be

31 conservation or will it actually harm and I think that

32 really needs to be something that the Service really

33 needs to looks at when they are developing these types.

34 They really need to pull the Native community in when

35 they're considering these types of regulations because

36 it's the Native community that needs to stand behind

37 them.

38

39 VICE CHAIR RABE: Thank you. With that

40 then, we have

41 finished the new business. That was the extent of it.

42 Are we prepared to go on? Let's enter into other

43 business then. The first item, item A, is Donna and

44 we're going to talk about the 2010 grant applications.

45

46 MS. DEWHURST: I'll be brief. The

47 points to look at are kind of the yellow highlighted

48 aspects under FY10. We have two groups, North Slope

49 and CRRC, that are pending needing my financial forms

50 done or done correctly or whatever.

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112

1 The one thing I've observed since I've

2 been managing these grants for four or five years is we

3 have a really high turnover in both the financial folks

4 in the Native organizations and we have a high turnover

5 of the contracting folks on our end and it makes it

6 real interesting because with the high turnover

7 everybody is learning every year. Everybody has to

8 have a lot of patience in this. Molly has dealt with

9 this quite a bit with her group.

10

11 I kind of try to ride the middle ground

12 and try to liaison between the contracting office and

13 the Native groups, but you've just got to hang on there

14 and try to cooperate with us. As I say those two

15 groups, North Slope and CRRC, are just pending getting

16 the correct financial forms filled out and they'll be

17 done.

18

19 Maniilaq, I'm happy to say, we have

20 Enoch back and hopefully I can get all the package back

21 to him and he can carry it back and maybe we'll get

22 Maniilaq to sign the grant this year, which would be

23 awesome, because they haven't signed in quite a few

24 years. Basically since Enoch left they haven't signed.

25 So hopefully we can get those guys back on board as our

26 partner.

27

28 So then that leaves Southeast. The

29 Southeast Alaska Intertribal Fish and Wildlife

30 Commission has requested to not be a partner anymore.

31 They are suggesting we go back to the original

32 partners, which was Tlingit-Haida, CCTHITA. I'm trying

33 to remember what all it stood for. But its basically

34 the Tlingit-Haida group, which is the parent group of

35 this group. That was back when Gordon was the rep.

36 Some of you that have been around long enough remember

37 Gordon. He would resume being the rep.

38

39 In order for us to do that though, we

40 have to go through the process -- we have to go through

41 a formal process through contracting to get a new

42 representative. So I think we need a vote from the

43 Council to say that you would like us to pursue getting

44 a new representative for Southeast. Chances are it

45 will be CCTHITA, but I can't guarantee that 100 percent

46 because we do have to put it out to competition, but we

47 can write the specs tight enough that nobody else is

48 going to get it, which would be my intent. But we do

49 have to put it out to bid.

50

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113

1 It's my understanding Gordon and that

2 organization is very interested in getting it back, but

3 we do need some sort of a motion and a vote from you

4 guys that basically tells staff that you would like us

5 to pursue getting a new partner for that region because

6 right now we don't have a partner. So that would be

7 the main action on the grants unless anybody has any

8 other questions.

9

10 VICE CHAIR RABE: Ida.

11

12 MS. HILDEBRAND: Thank you, Mr. Chair.

13 Did Southeast say

14 why they didn't want to be a partner anymore or why

15 they're recommending someone else?

16

17 MS. DEWHURST: I got the impression

18 that the reason they originally wanted to be a partner

19 was the Bald Eagle issue a few years back and when that

20 got resolved they didn't really have any hot issues

21 they were interested in pursuing and their group is

22 much smaller than the parent organization and they were

23 having problems with the administrative aspects of the

24 grant. So that was why I think they're suggesting

25 giving the grant back to the parent organization is my

26 understanding.

27

28 VICE CHAIR RABE: Sandy.

29

30 MS. TAHBONE: Wouldn't one of our

31 options be to change our

32 bylaws?

33

34 MS. DEWHURST: It's a contracting issue

35 and I've explored this heavily and with the new

36 contracting laws. All of the other groups were

37 grandfathered in and that's why you get your grants

38 non-competitively. Any time at this point that we

39 change groups -- and it isn't a bylaws thing, it's a

40 contracting regulation that any time we change groups

41 for financial assistance it has to go out to

42 competition.

43

44 I have been very much assured by them

45 that we can write the specs very tightly. It would be

46 very difficult for anybody else to compete. But we

47 still have to go through the formal process of

48 announcing it on the internet and doing a notice and

49 all that and then CCTHITA would have to put in a

50 proposal.

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114

1 Once they get it, I don't believe they

2 have to compete again. I think once they get it

3 they'll have it, but initially we would have to put it

4 out to a process. Believe me, I've looked at every

5 possible way to get around this and been told no. It's

6 the process that any time from here on out that we

7 change groups.

8

9 VICE CHAIR RABE: Follow up, Sandy.

10

11 MS. TAHBONE: I don't know if we need a

12 joke now, but shouldn't we get a solicitor's opinion?

13 Within our membership it reads the region and the

14 administrative organizations -- I mean it just seems to

15 me -- do you have a written response back from

16 contracting or.....

17

18 MS. DEWHURST: Yeah. I don't have it

19 with me, but there is an actual regulation that was

20 passed a few years ago that says any time you're

21 changing the grantees that it has to be competitive.

22 You guys are one of the few in the nation that are not

23 competitive anymore. There were -- believe me, a few

24 years ago there was a real movement afoot to not let

25 you not be competitive and we fought for it because we

26 did publish -- thank goodness we published in the

27 Federal Regulations way back when that these would be

28 our partners. So anybody listed there could be

29 partners as long as they maintained their partnership.

30

31 Like Maniilaq wouldn't have to compete

32 because they technically have maintained their

33 partnership. We haven't put it out to anybody else.

34 In this case, we switched partners and we'd be going

35 back and I've been told there's no other option.

36 Believe me. This is going to be a lot of work for me.

37 I'd rather not do it, but I've been told there's no

38 other option.

39

40 MS. TAHBONE: I would like to see that

41 in writing, that response to the.....

42

43 MS. DEWHURST: I can get it to you.

44 It's a regulation.

45

46 VICE CHAIR RABE: Molly, did you have a

47 question?

48

49 MS. CHYTHLOOK: My understanding is

50 that there was an original group that had this and then

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115

1 this group took it over, now the original wants it back

2 or is willing to take it back. So we have to go

3 through all this process just to do that. I guess if

4 the original group that had it before is willing to

5 take it, then the process -- we'll have to go through

6 the process. Unless we have any more discussion, I'd

7 like to make a motion to have you go through the

8 process to get this.

9

10 MS. DEWHURST: I anticipate the process

11 would take three to four months. So if we got started

12 fairly soon, we could potentially have them on board

13 for next year, for next fiscal year.

14

15 MS. CHYTHLOOK: And that's my motion.

16

17 MR. DEVINE: Second that motion.

18

19 VICE CHAIR RABE: We have a motion and

20 a second to pursue a change in partners then for

21 Southeast. Do we have any discussion.

22

23 MS. TAHBONE: Under discussion, Mr.

24 Chairman.

25

26 VICE CHAIR RABE: Yes.

27

28 MS. TAHBONE: I'd like to see some kind

29 of communication that's their wishes in either a

30 resolution or something from them and as well as

31 something from the receiving -- the organization that's

32 going to be accepting the responsibility.

33

34 MS. DEWHURST: They verbally did it

35 like three meetings ago and the formal action of them

36 denying it was -- we had to actually send them out the

37 package this year officially and they sent it back to

38 us officially denying, that they didn't want to be

39 partners anymore. There was no letter with it. They

40 just returned it and said this is why we're returning

41 it. So we got the whole packet back saying we're not

42 interested. As far as CCTHITA saying they want it, the

43 way they would want it is they have to write a proposal

44 saying we're interested in it and this is what we

45 propose to do.

46

47 VICE CHAIR RABE: Have we received such

48 a letter?

49

50 MS. DEWHURST: No, because we haven't

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116

1 approached them yet. I mean they have told me verbally

2 they're interested, but we haven't officially, in

3 writing, approached them yet.

4

5 VICE CHAIR RABE: But they would do

6 that in response to a contract opportunity.

7

8 MS. DEWHURST: Correct.

9

10 VICE CHAIR RABE: Any other discussion.

11

12 (No comments)

13

14 VICE CHAIR RABE: Are we ready for a

15 vote?

16

17 MR. HICKS: Question.

18

19 VICE CHAIR RABE: Called the question.

20 Verbal support, everybody say aye.

21

22 IN UNISON: Aye.

23

24 VICE CHAIR RABE: Any opposed say nay.

25

26 (No opposing votes)

27

28 VICE CHAIR RABE: Motion passes. Thank

29 you, Donna.

30

31 MS. TAHBONE: Before you leave. So you

32 have that balance of unexpended funds for '09. Those

33 are to be used in FY10?

34

35 MS. DEWHURST: No, those are already

36 spent. As soon as we get unspent funds, they disappear

37 really quickly. We are very

38 much in the red this year, so they disappeared as

39 quickly as they appeared.

40

41 MS. TAHBONE: So we should have

42 reallocated and then a zero balance. I thought we had

43 requested the budget for AMBCC before.

44

45 MS. DEWHURST: (Away from microphone)

46 prepared it. He had to leave really suddenly.

47

48 MS. TAHBONE: And then one more

49 question, Donna. So the only other possible is the

50 14,000 regarding the Southeast, correct?

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117

1 MS. DEWHURST: As far as the money?

2

3 MS. TAHBONE: Yeah.

4

5 MS. DEWHURST: In all honestly, I don't

6 even think that money is available this year. I think

7 it's already gone. If we got a new partner, it's going

8 to take three to four months, so that money we'd have

9 to worry about it for allocating it for next year.

10

11 MS. TAHBONE: I'm working under the

12 action that this Council took regarding those

13 agreements that aren't in place. After X amount of

14 days those funds would be made available to the rest of

15 the partners. So you're saying that $14,000 was there

16 but it's not there anymore? I'm assuming that would

17 have gone back into the pool.

18

19 MS. DEWHURST: That you would

20 have to ask the executive director. On my end of it,

21 it was de-obligated, which means we obligated for the

22 grant. When the grantee doesn't sign, it gets pulled

23 back off of that. The obligation is saying we're going

24 to use this money for this. When that doesn't happen,

25 we just pull it back. After what happens after that is

26 not my responsibility.

27

28 MS. TAHBONE: Mr. Chairman. I'd like

29 to make a request to the executive director to provide

30 us with a financial report for our '09 budget

31 expenditures that are final.

32

33 VICE CHAIR RABE: At what timeframe?

34 This meeting, next meeting?

35

36 MS. TAHBONE: No, I would say at least

37 by the next meeting.

38

39 MS. HEPA: Second.

40

41 VICE CHAIR RABE: In the form of a

42 motion?

43

44 MS. TAHBONE: Motion.

45

46 VICE CHAIR RABE: We have a motion and

47 a second to have a financial report at our next meeting

48 on the use of the funds for the grants then. Do we

49 have a discussion on the motion. Sandy.

50

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118

1 MS. TAHBONE: I know we were short.

2 All our positions weren't filled and I just have a real

3 worry and I'm not sure if we should maybe amend that to

4 include what our staff was working on. I mean I'm

5 really -- and continue to be concerned because we have

6 business of this Council that is not being addressed

7 and our staff seem to be really heavily involved in the

8 process of getting our recommendations of regulations

9 into regulations, which I'm not sure if that's even a

10 valid responsibility of AMBCC if that's not a Service

11 responsibility. Our staff seems to be spending a lot

12 of time making sure that the regs get published. So

13 maybe I'm not sure if we need to amende that motion.

14

15 VICE CHAIR RABE: I guess it's not

16 entirely clear to me what you're asking for as a change

17 at this point.

18

19 MS. TAHBONE: What I'm wanting to know

20 is we have a budget. We have our AMBCC budget. Within

21 that we have staff positions and clearly we have not

22 been at 100 percent staffing, so there should be some

23 savings and where are those savings being shifted to.

24

25 The other question I have is the staff

26 that we do have, what percentage of their time are they

27 working on what I'm thinking are Service

28 responsibilities versus AMBCC responsibilities. So I'm

29 not sure if that's another request that needs to be

30 made.

31

32 VICE CHAIR RABE: Okay. If there's

33 anybody in the Service that wants to take a stab at

34 this. I have vague recall of Doug talking about this

35 in previous meetings. Of course, I haven't been to

36 enough of the meetings to have a long history of this,

37 but as I recall part of the answer to this is related

38 to the fact of where the AMBCC budget comes from within

39 the broader Service budget and that it's not a

40 dedicated.

41

42 Now if there's more to it than that,

43 I'll leave it up to the Service folks to give

44 additional details. But I think it's fair to ask for

45 an accounting, which the motion currently does, and

46 then it may be worthwhile to have follow-up questions

47 at that point in time relative to the autonomy of

48 funding and then alternative uses for quote/unquote

49 funds that had initially been set aside and that kind

50 of thing.

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119

1 Donna, do you have additional things?

2

3 MS. DEWHURST: No, I was just going to

4 back up what you say. A lot of that is Doug's

5 discretion, not even Fred's, as far as when money frees

6 up how it's spent. He has the master pot of money and

7 we have a small chunk of that or a chunk of that. Any

8 time money gets freed up, whether it's by us or by Eric

9 and Russ's shop or whatever, Doug has the ultimate say

10 as to how to re-allocate money. Sometimes we have

11 control, sometimes we don't, but that's the master of

12 the pot of money.

13

14 As far as staffing, Sandy, staffing has

15 changed in the past couple of years as far as what we

16 do mainly because we went from three people plus Fred

17 down to me and Fred. So if you did a study and looked

18 at how I spent my time three years ago and how I spend

19 my time now, it would be very different just because

20 I'm trying to cover all those positions until we start

21 backfilling.

22

23 VICE CHAIR RABE: Any further

24 discussion on the motion to have an accounting of

25 expenditures.

26

27 MS. HEPA: Call for question.

28

29 VICE CHAIR RABE: We have a call for

30 the question. All those in favor say aye.

31

32 IN UNISON: Aye.

33

34 VICE CHAIR RABE: All those opposed

35 nay.

36

37 (No opposing votes)

38

39 VICE CHAIR RABE: The motion is

40 carried. I'm sure the minutes will show that and I

41 trust that staff will make a note so that at our next

42 meeting they're prepared to do that.

43

44 I'm looking at the clock. It's 20

45 after. Our next agenda item is the Harvest Survey

46 Plans for 2010. Liliana, do you have a sense of --

47 I've been part of this before and I know that these can

48 get to be longer discussions. Does the Council have

49 the will to see that one through if we get started or

50 do we call it a night and start fresh in the morning.

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120

1 The body language is suggesting that it

2 would be advantageous for us to call it a night. So I

3 am officially adjourning the meeting and Eric can bang

4 the gavel if he wants. We're adjourned for tonight and

5 we will reconvene at 9:00 o'clock tomorrow morning to

6 finish our agenda then.

7

8 Thank you all.

9

10 (Off record)

11

12 (PROCEEDINGS TO BE CONTINUED)

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121

1 C E R T I F I C A T E

2

3 UNITED STATES OF AMERICA )

4 )ss.

5 STATE OF ALASKA )

6

7 I, Salena A. Hile, Notary Public in and

8 for the state of Alaska and reporter for Computer

9 Matrix Court Reporters, LLC, do hereby certify:

10

11 THAT the foregoing pages numbered 02

12 through 121 contain a full, true and correct Transcript

13 of the ALASKA MIGRATORY BIRD CO-MANAGEMENT COUNCIL FALL

14 MEETING taken electronically by Computer Matrix Court

15 Reporters on the 21st day of April 2010, at Anchorage,

16 Alaska;

17

18 THAT the transcript is a true and

19 correct transcript requested to be transcribed and

20 thereafter transcribed by under my direction and

21 reduced to print to the best of our knowledge and

22 ability;

23

24 THAT I am not an employee, attorney, or

25 party interested in any way in this action.

26

27 DATED at Anchorage, Alaska, this 12th

28 day of May 2010.

29

30

31

32 _______________________________

33 Salena A. Hile

34 Notary Public, State of Alaska

35 My Commission Expires: 9/16/2010