Legislature(2007 - 2008)CAPITOL 124

02/02/2007 08:30 AM House FISHERIES


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08:36:50 AM Start
08:37:06 AM Overview: Ocean Beauty Seafoods, Incorporated, Products and Marketing
09:20:22 AM Overview: Department of Labor & Workforce Development – Fisherman's Fund
09:40:28 AM HB26
10:04:14 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Ocean Beauty Seafood TELECONFERENCED
Products and Marketing
*+ HB 26 GEODUCK AQUATIC FARMING EXEMPTION TELECONFERENCED
Heard & Held
+ Overview: Department of Labor - TELECONFERENCED
Fisherman's Fund
HB  26-GEODUCK AQUATIC FARMING EXEMPTION                                                                                      
                                                                                                                                
9:40:28 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE BILL  NO. 26, "An  Act relating to aquatic  farm permitting                                                               
involving  geoducks   and  to  geoduck  seed   transfers  between                                                               
certified hatcheries and aquatic farms."                                                                                        
                                                                                                                                
9:40:54 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON passed the gavel to Representative Johansen.                                                                       
                                                                                                                                
9:41:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  speaking as the  prime sponsor of  HB 26,                                                               
explained  that  HB  26  says  that an  aquatic  farm  permit  or                                                               
transfer permit  can't be denied  merely because  geoducks aren't                                                               
in the area or aren't wild in  the area a farm or transfer permit                                                               
is requested.  Representative Seaton  informed the committee that                                                               
no one has approached him  requesting such legislation nor has he                                                               
ever applied  for a mariculture  permit and doesn't intend  to do                                                               
so.     He  further  informed   the  committee  of   his  various                                                               
educational  degrees  and 30  years  as  a commercial  fisherman.                                                               
Representative Seaton opined  that he knows what  is happening in                                                               
the state's  fisheries and  the volatility  of the  industry, and                                                               
therefore  as a  representative of  the  state he  is looking  at                                                               
alternative  economic  opportunities   for  the  state's  coastal                                                               
communities.  Mariculture, if it can  be done well, seems to be a                                                               
logical  choice for  [coastal areas  in Alaska].   Representative                                                               
Seaton noted that  he fought salmon farming in  Alaska because it                                                               
has  many  negatives,  such as  genetic  problems  and  escapees.                                                               
However,  geoduck clams  are a  unique animal  and in  fact, once                                                               
geoducks are  out of the larval  stage they sit in  one spot [and                                                               
aren't located] in  high energy beach areas.   Furthermore, there                                                               
are no known  infectious diseases with geoducks,  which have been                                                               
intensively studied  in Puget Sound.   Geoduck farming  is taking                                                               
place in Washington and British Columbia, he related.                                                                           
                                                                                                                                
9:47:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response to  Representative  LeDoux,                                                               
explained that a  high energy beach is a beach  that would have a                                                               
fairly large amount of wave  action or strong tidal currents that                                                               
move the  sediment.  The  geoduck, he further  explained, doesn't                                                               
dig down out of  the way as a razor clam  would.  Geoducks aren't                                                               
mobile and sit in one spot for their entire life.                                                                               
                                                                                                                                
9:48:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON asked whether  geoducks could be seeded and                                                               
thrive in areas that have never had this species.                                                                               
                                                                                                                                
REPRESENTATIVE SEATON informed the  committee that in Seward, the                                                               
location of the single mariculture  hatchery, geoducks are placed                                                               
in the water  without heating it.  The geoducks  seem to do fine.                                                               
In fact, the  temperature is raised to encourage  the geoducks to                                                               
spawn.  There  is no knowledge as to whether  geoducks would ever                                                               
spawn  in the  wild in  areas such  as Kodiak.   He  reminded the                                                               
committee that geoducks are filter  feeders and won't require any                                                               
food.  Furthermore,  nothing has been identified  as a competitor                                                               
of geoducks.   Thus far, he said he has  only heard that geoducks                                                               
might  displace  some  polykete  worms.    However,  Puget  Sound                                                               
studies have shown  that after harvesting the  geoducks there was                                                               
a  slightly  higher number  of  polykete  worms.   Representative                                                               
Seaton  related  that in  Puget  Sound  geoducks are  intertidal,                                                               
which  wouldn't  occur in  Alaska  because  of Alaska's  winters.                                                               
Geoducks in Alaska would be located  in 20-30 feet of water and a                                                               
jet  hose is  utilized to  loosen the  substrate and  harvest the                                                               
geoduck.   With regard  to the issue  of contamination,  he said,                                                               
"We  don't have  to worry  about that,  we're already  taking the                                                               
geoducks here from  Southeastern up there; there  are no geoducks                                                               
up  there and  so  we  don't have  to  worry about  contamination                                                               
between wild stock and the other."                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON  then addressed the  geoduck controversies,                                                               
which  revolved  around  having  a  wild  stock  that  commercial                                                               
fishermen gathered versus farmers who  wanted to farm in the same                                                               
area.   The  farming was  desired  in those  areas because  there                                                               
would be standing  stock that could support the farm.   The other                                                               
dispute  was if  [a farmer]  takes  the area  where geoducks  are                                                               
growing, that area  is taken from the commercial  harvester.  The                                                               
aforementioned  isn't  a problem  if  the  geoduck farming  takes                                                               
place in  Kodiak, Sand Point, or  the outer Kenai Peninsula.   He                                                               
highlighted   that  the   state   has   established  the   Seward                                                               
mariculture hatchery  and its business  plan calls  for supplying                                                               
stock.   However, oysters, which  are cheap, can be  imported and                                                               
thus it  won't support the  hatchery operations.   Therefore, the                                                               
business plan  relies on geoducks,  for which the  first purchase                                                               
has  materialized.    Representative   Seaton  opined  that  [the                                                               
legislature]  needs   to  determine  whether  to   subsidize  the                                                               
hatchery forever,  provide a diversity  of buyers or  abandon the                                                               
industry.    He  further  opined  that  HB  26  provides  a  good                                                               
alternative.   However, the current policy  prohibits the farming                                                               
of  geoducks outside  Southeast  Alaska because  that's the  only                                                               
wild location of geoducks.                                                                                                      
                                                                                                                                
9:55:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  recalled that those interested  in geoduck                                                               
farming in Southeast  had to wait for the  department to identify                                                               
sites available for  farming.  However, one  individual who isn't                                                               
an Alaskan  applied for a  number of  the sites.   Therefore, she                                                               
asked if the sponsor would be  amenable to limiting the number of                                                               
farming sites he/she could lease at one time.                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON characterized  those as  regulatory issues                                                               
with which he didn't have a  problem.  He related his presumption                                                               
that local  people would  apply for the  farms because  one would                                                               
need  to  be in  the  area  to work  the  farms.   Therefore,  he                                                               
suggested that  there could be a  point system for having  a work                                                               
force.   He pointed out  that the permit  requires identification                                                               
of the  workforce.   The aforementioned  may prove  difficult for                                                               
someone   from   New   York  applying   for   a   geoduck   farm.                                                               
Representative Seaton  said that  he didn't  have a  problem with                                                               
some such mechanism,  but he pointed out that  it isn't necessary                                                               
in HB 26.                                                                                                                       
                                                                                                                                
9:58:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response to  Representative  Wilson,                                                               
related his understanding  that without a jet wand  to loosen the                                                               
substrate, it  would be  difficult to harvest  the geoducks.   He                                                               
noted that marine  mammals will eat geoducks.   He also commented                                                               
that geoducks must lead a fairly good  life as some live to be up                                                               
to 140-168 years.                                                                                                               
                                                                                                                                
9:59:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if the geoduck farms  are similar to                                                               
set net sites in which the permit  holder must be on the site, or                                                               
can a permit holder hire others to run the site.                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON  related  his understanding  that  geoduck                                                               
[permit  holders], unlike  commercial  fishing permit  [holders],                                                               
don't have  to be present to  operate a site.   He suggested that                                                               
the committee receive clarification from the department.                                                                        
                                                                                                                                
10:01:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES recalled  the  sponsor  saying that  under                                                               
current  law,  geoducks cannot  be  farmed  in areas  where  they                                                               
aren't currently found in the wild.                                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON  explained  that  statute  specifies  that                                                               
"aquatic farming  sites for on  bottom culture of  shellfish must                                                               
be  located  in  areas  where ...  an  indigenous  population  of                                                               
shellfish  species to  be cultivated  is not  present ...."   The                                                               
second portion  of the statute  goes on  to refer to  those areas                                                               
where  there   are  indigenous  shellfish,   wild  stock.     The                                                               
regulations  that have  been  adopted are  a  policy call  saying                                                               
there  is no  desire  to  have any  shellfish  where they  aren't                                                               
naturally present within the larval drift zone.                                                                                 
                                                                                                                                
10:03:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response to  Representative  Holmes,                                                               
confirmed that  the committee packet should  include the policies                                                               
and procedures.   He expressed the  need for members to  read the                                                               
policies  and  procedures  carefully  because it  says  that  the                                                               
policy   is  present   to   prevent   genetic  contamination   or                                                               
interaction with wild  stocks.  Therefore, the  rationale for the                                                               
policy decision doesn't follow the reality of the sites.                                                                        
                                                                                                                                
10:04:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN announced that HB 26 would be held over.                                                                
                                                                                                                                

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