Legislature(2019 - 2020)BUTROVICH 205
02/11/2019 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB22 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 22 | TELECONFERENCED | |
SB 22-SHELLFISH ENHANCEMENT PROJECTS; HATCHERIES
3:30:45 PM
CHAIR BIRCH announced the consideration of Senate Bill 22 (SB
22). He said a committee substitute (CS) is before the committee
for adoption.
3:31:03 PM
SENATOR COGHILL moved to adopt the CS for SB 22, work order 31-
LS0335\M, as the working document.
3:31:26 PM
SENATOR GIESSEL objected for discussion purposes.
3:31:39 PM
TREVOR FULTON, Staff, Senator Birch, Alaska State Legislature,
Juneau, Alaska, explained that the CS was drafted in response to
concerns brought up the last time SB 22 was before the committee
and during individual conversations with user groups since the
bill last heard. He said recognizing the already robust
permitting process shellfish hatcheries would be subject to, the
changes in the CS were drafted with the aim of creating an
annual review and public input process involving both the
Department of Fish and Game, and the Board of Fisheries while
minimizing the burden to the hatchery operators.
MR. FULTON explained the changes from the CS for SB 22 as
follow:
1. Title change:
o Removes reference to "application fees for salmon
hatchery permits" from the title, as recommended by
the bill drafter.
o Adds terms relating to mariculture, the Board of
Fisheries, and the commissioner of Fish and Game to
accommodate new Section 1.
2. New Section 1:
o Adds a new subsection to AS 16.05.300, which is
existing law relating to meeting of the Board of
Fisheries.
o This new subsection requires that the Board of
Fisheries hold at least one annual meeting where the
Department of Fish and Game presents an update on the
status of the mariculture industry, including
shellfish hatcheries; that meeting must be open to the
public and provide adequate public notice.
3:31:55 PM
SENATOR KAWASAKI joined the committee meeting.
3:33:32 PM
SENATOR KIEHL asked what was the substantive difference that
required the title reference to "enhancement of shellfish" be
taken out and "management of 'enhanced' shellfish" was added.
MR. FULTON answered that "management of enhanced stocks of
shellfish" still appears in the title as noted on page 1, line
2.
SENATOR GIESSEL noted that she had seen the 2002 document from
the Board of Fisheries regarding the joint protocol on salmon
enhancement which noted updates were to be provided at meetings.
She asked if the protocol also automatically applies to
mariculture hatcheries and questioned the necessity to put the
requirement into statute.
MR. FULTON answered that the need to put the requirement into
statute was based on concerns that were brought up since the
bill's original hearing.
SENATOR GIESSEL asked if the concerns could be explained.
MR. FULTON explained that in 2002 there was an existing process
worked out between the Department of Fish and Game, and the
Board of Fisheries to talk jointly about hatchery management.
The process may have "fizzled out" and putting the requirement
in statute would solve the problem by making the procedure more
permanent.
SENATOR GIESSEL asked if there are people that will speak to the
imparity of the CS.
CHAIR BIRCH said Senator Giessel's question will be addressed.
SENATOR COGHILL remarked that he was glad Senator Giessel asked
her question because his next inquiry is about the timing of
Board of Fish meetings to be in a certain place.
3:37:30 PM
SAM RABUNG, Director, Commercial Fisheries Division, Alaska
Department of Fish and Game, Juneau, Alaska, explained that
salmon hatcheries are the state's only enhancement program.
Hatchery meetings consistently occurred the first six or seven
years, but interest waned, and meetings were not scheduled. He
noted that an upcoming hatchery protocol meeting is scheduled in
Anchorage on March 8, 2019.
SENATOR GIESSEL asked Mr. Rabung to verify that the hatchery
protocol meetings are held separately from other Board of
Fisheries meetings.
MR. RABUNG replied that the hatchery protocol meetings are
tacked onto the statewide meetings. The board is playing catchup
and meetings will eventually be half-day affairs when meetings
are routinely scheduled.
SENATOR COGHILL asked Mr. Rabung to confirm that the change
would separate salmon enhancement and mariculture enhancement,
and his referenced "catchup" was directed at salmon hatchery
meetings.
MR. RABUNG replied that the department has not had the authority
to permit mariculture enhancement projects to date. The only
program the department has been able to permit for enhancement
programs is for salmon.
SENATOR GIESSEL asked to hear from bill's sponsor related to the
CS.
3:40:31 PM
TIM LAMKIN, Staff, Senator Stevens, Alaska State Legislature,
Juneau, Alaska, explained that the CS "on its face" clearly
establishes an annual requirement to have a meeting on the
subject "mariculture and shellfish enhancement projects." The
meetings are a public-comment process and there is nothing in
the language that suggests any formal action would be required
to be taken. In the spirit of having the meetings' conversations
held openly and, in the public, that presumably the action
cannot be a bad thing and therefore Senator Stevens sends his
blessing accordingly for the CS.
3:41:30 PM
SENATOR GIESSEL removed her objection to the CS.
3:41:36 PM
CHAIR BIRCH announced without further objection the CS is
adopted. He asked if there were any further comments.
SENATOR KAWASAKI asked if the committee was moving SB 22.
CHAIR BIRCH replied that questions were concluded, the bill was
previously heard on January 30, and public testimony was taken
and closed. The intent would be to move the bill.
SENATOR KAWASAKI noted his concern with the legislation based on
testimony heard at the bill's previous committee hearing. He
specified his concern in section 4, subsection (e), where the
verbiage "they may," or "they may not" are used rather than
"they shall," or "they shall not." He said he had an amendment
but the idea of moving the bill is fine.
CHAIR BIRCH asked Mr. Lamkin to address Senator Kawasaki's
concern.
MR. LAMKIN replied that SB 22 is modeled precisely on existing
statute for salmon enhancement and assumed that "the
commissioner may not" is used relative to salmon enhancement. He
said Senator Kawasaki brings up an interesting point and asked
that an attorney or the bill's drafter address if indeed the use
of "may not" is a substantial reference made rather than "shall"
on page 3, line 11.
SENATOR COGHILL asked that the committee hear from Mr. Rabung to
shed light on Senator Kawasaki's concern regarding the
practicality in the use of "may" versus "shall."
3:44:57 PM
MR. RABUNG explained that the bill is modeled almost exactly
after the salmon hatcheries' statutes. There is some difference
where there is no "regional planning team process" for
mariculture species as is done with salmon. The use of "shall"
is a requirement for the permitting process and the use of "may"
is the criteria by which the commissioner could deny a permit.
Regarding "substantial public benefit," an assumption is made
because there is no proof until the enhancement is tried so that
is where "may" comes in, the same applies to "jeopardized
natural stocks" where a precautionary approach is used, but a
negative cannot be proven and that is why the term "may" is
used.
SENATOR KAWASAKI addressed testimony in the bill's previous
hearing that raised concerns that pink salmon may be out
competing natural stocks in the Cook Inlet. He said he is
concerned that the legislation does not force the commissioner
to not issue a permit when it says, "may."
3:47:03 PM
SENATOR COGHILL moved to report CSSB22(RES), [31-LS0335\M] from
committee with individual recommendations and attached fiscal
note(s).
3:47:15 PM
CHAIR BIRCH announced there being no objection, the motion
carried.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB22 Changes Version A to Version M.pdf |
SRES 2/11/2019 3:30:00 PM |
SB 22 |
| SB22 CS(RES) Version M.pdf |
SRES 2/11/2019 3:30:00 PM |
SB 22 |
| SB22 UFA Letter 1.24.19.pdf |
SRES 2/11/2019 3:30:00 PM |
SB 22 |
| SB22 UFA Resolution 5.6.14.pdf |
SRES 2/11/2019 3:30:00 PM |
SB 22 |
| SB22 CDFU Letter 1.31.19.pdf |
SRES 2/11/2019 3:30:00 PM |
SB 22 |