Legislature(2007 - 2008)CAPITOL 124

02/07/2007 08:30 AM House FISHERIES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Department of Environmental TELECONFERENCED
Conservation Fish Monitoring Program
<Rescheduled to 02/09/07>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 74 BAN MIXING ZONES IN SPAWNING AREAS TELECONFERENCED
Heard & Held
+= HB 26 GEODUCK AQUATIC FARMING EXEMPTION TELECONFERENCED
Moved CSHB 26(FSH) Out of Committee
HB  26-GEODUCK AQUATIC FARMING EXEMPTION                                                                                      
                                                                                                                                
8:36:33 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the first 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."                                                                                        
                                                                                                                                
8:38:41 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  opened  discussion  on HB  26,  pointing  out  that                                                              
public  discussion is  closed.   He called  attention to  incoming                                                              
information  from  legal  services  and  other  additions  to  the                                                              
packet.                                                                                                                         
                                                                                                                                
8:39:38 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  paraphrased  from a Legislative  Legal and  Research                                                              
Services memorandum  dated February 6, 2007, the  subject of which                                                              
was  "Aquatic  Farming   Permits  (HB  26;  Work   Order  No.  25-                                                              
LS0179\K).   This memorandum addresses  four issues brought  up by                                                              
the  Alaska  Department  of  Fish  & Game.    He  opined  how  the                                                              
opinion, related to the fourth issue, is "backwards."                                                                           
                                                                                                                                
8:44:42 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON stated  that the Governor  has  indicated a  wish to                                                              
support   mariculture.     Referring  to   an  excerpt  from   the                                                              
Governor's campaign materials, he read a quote as follows:                                                                      
                                                                                                                                
     I  will work  with our  shellfish growers  to make  sure                                                                   
     state permitting  is not a hindrance to  their business.                                                                   
     We  will grow  our mariculture  business in  a way  that                                                                   
     does   not   interfere   with   the   established   dive                                                                   
     fisheries,  but that will  produce quality products  for                                                                   
     the marketplace, and jobs for our coastal communities.                                                                     
                                                                                                                                
8:46:27 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  reiterated  that  there  are  no  geoduck  or  dive                                                              
fisheries  in the  areas that  will  be affected  by HB  26.   The                                                              
intent  of the bill  is to  provide jobs  in coastal  communities.                                                              
He then offered Amendment 1 as follows:                                                                                         
                                                                                                                                
     Page 1, line 7, following "section.":                                                                                      
                                                                                                                                
          Insert "If, under this section, the commissioner                                                                      
     issues  a  permit   for  an  aquatic  farm   to  culture                                                                   
     geoducks in  a management area  that does not  have wild                                                                   
     geoduck  stocks when  the permit is  issued, the  permit                                                                   
     may  not  allow  operations  for  that  purpose  in  the                                                                   
     intertidal habitat or environment."                                                                                        
                                                                                                                                
8:46:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN objected for discussion purposes.                                                                       
                                                                                                                                
CHAIR SEATON  explained that  Amendment 1  would address  concerns                                                              
regarding intertidal  areas in  the northern  parts of  the state.                                                              
This  would   alleviate  concerns   regarding  interference   with                                                              
recreational use of  habitat, as this would be a  subtidal or dive                                                              
fishery.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  JOHANSEN removed  his objection.   There  being no                                                              
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
CHAIR  SEATON,   referring   to  a  statement   from  the   Alaska                                                              
Department of Fish  & Game (ADF&G), explained that  ADF&G does not                                                              
have adequate funding for shellfish research.                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX said:                                                                                                     
                                                                                                                                
     I  listened to  that statement,  and  ... was  concerned                                                                   
     [that] maybe they  do need the money before  this can be                                                                   
     done  safely.    And  then   I  listened  to  the  other                                                                   
     statement  ... that  there's  absolutely  no study  they                                                                   
     could do,  that would make  them feel comfortable.   So,                                                                   
     it almost  seems like  we could throw  all of the  money                                                                   
     in   the  world   at  this,   and   they'd  never   feel                                                                   
     comfortable.                                                                                                               
                                                                                                                                
8:50:37 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON stated  that he shares this concern.   He said "I got                                                              
the feeling,  when we were talking  about genetics, and  the offer                                                              
to look  at sterile  stocks.  The  quote was  that they  would ...                                                              
look at  it, but not  that if they  were sterile they  would agree                                                              
to  those."   However,  there is  no wild  stock  in these  areas;                                                              
therefore genetic problems  and solutions are not an  issue.  This                                                              
is   an  issue   of  ecological   considerations   in  regard   to                                                              
introduction  of geoducks  into  an area  where there  is no  wild                                                              
stock population.   The problem, he  said, is stated in  the ADF&G                                                              
handout  titled  "Attachment  4,  Selected  Fish  and  Game  Laws,                                                              
Regulations  and Guidelines  Related  to Shellfish  Transport  and                                                              
Aquaculture."   He  pointed out  that the  "Northern Exchange"  is                                                              
Tenakee  Springs; however,  an intertidal  geoduck  farm has  been                                                              
permitted  35 miles North  of Juneau.   This  is in conflict  with                                                              
ADF&G statements  regarding ecological  effects, as it  is outside                                                              
of the natural range.                                                                                                           
                                                                                                                                
8:53:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked   whether   ADF&G  was   questioned                                                              
regarding this.                                                                                                                 
                                                                                                                                
CHAIR  SEATON  replied  no,  as   the  information  regarding  the                                                              
aforementioned farm was received later.                                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX  stated that  she  would  like  to hear  an                                                              
explanation.                                                                                                                    
                                                                                                                                
8:53:43 AM                                                                                                                    
                                                                                                                                
CYNTHIA PRING-HAM,  Fisheries Biologist III, Alaska  Department of                                                              
Fish  &  Game  (ADF&G), explained  that  there  is  an  intertidal                                                              
aquatic farm  site at Bridget  Cove.  The  larval drift zone  is a                                                              
result of  currents.  The  aforementioned site is  allowed because                                                              
it is within the larval drift zone.                                                                                             
                                                                                                                                
8:55:09 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON stated  that the larval  drift  zone is intended  to                                                              
prevent  the contamination  of stocks  across genetic  lines.   He                                                              
pointed out that  Attachment 4 states that the  "natural range" is                                                              
south of Tenakee  Springs.  He inquired  as to why a  site that is                                                              
above the  natural range  has been  permitted, given the  previous                                                              
concerns regarding  the ecological interaction beyond  the natural                                                              
range.                                                                                                                          
                                                                                                                                
8:56:26 AM                                                                                                                    
                                                                                                                                
MS.  PRING-HAM  replied that  anything  within  Zone 1,  which  is                                                              
southeast, may have  geoducks due to currents.   The natural range                                                              
is what  the ADF&G  is currently  aware of.   She reiterated  that                                                              
geoducks  are not typically  found in  intertidal areas;  however,                                                              
they are found in  the aforementioned zone, which is  why the site                                                              
was permitted.                                                                                                                  
                                                                                                                                
CHAIR  SEATON  asked  for  clarification  that  geoducks  are  not                                                              
naturally in the intertidal range.                                                                                              
                                                                                                                                
MS.  PRING-HAM  replied  that  they are  typically  in  the  lower                                                              
intertidal range.                                                                                                               
                                                                                                                                
CHAIR  SEATON  inquired  as  to whether  those  found  in  Tenakee                                                              
Springs or in the Northern part of the range are intertidal.                                                                    
                                                                                                                                
MS.  PRING-HAM  replied   that  she  is  unable   to  answer  this                                                              
question.   There  is not  enough information  regarding the  full                                                              
distribution  of  geoducks  in   southeast  Alaska;  however,  the                                                              
currents may carry larvae into the northern area.                                                                               
                                                                                                                                
8:59:34 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  questioned  whether   surveys  have  been  done  in                                                              
Northern Lynn  Canal, Glacier Bay  National Park and  Preserve, or                                                              
Pelican.                                                                                                                        
                                                                                                                                
MS. PRING-HAM replied  that she is not aware of any.   However, it                                                              
is feasible for viable populations to be in these areas.                                                                        
                                                                                                                                
CHAIR SEATON said:                                                                                                              
                                                                                                                                
     It seems that  when you are talking about  an ecological                                                                   
     interaction,  and ...  in your  own  paperwork, you  say                                                                   
     that their  range is south  of Tenakee Springs,  and you                                                                   
     are  permitting farms  north  of Tenakee  Springs,  it's                                                                   
     [obvious] that  you haven't worried about  an ecological                                                                   
     interaction in  the northern end, which was  beyond your                                                                   
     established  range ... for  the species.   So, we'll  go                                                                   
     on to  further questions.   I think we've found  that we                                                                   
     don't know a lot of information.                                                                                           
                                                                                                                                
9:01:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  opined  that  the  intent of  HB  26  is                                                              
"going in the  right direction."  However, this  process is "piece                                                              
meal."    He  offered  his  understanding  that  the  Governor  is                                                              
interested  in building  this  industry.   Lack  of  funding is  a                                                              
concern  of ADF&G.   He  expressed concern  regarding the  science                                                              
behind it, and opined that many concerns have been brought up.                                                                  
                                                                                                                                
9:03:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN moved to  report HB  26, as amended,  out                                                              
of   committee    with   individual   recommendations    and   the                                                              
accompanying  fiscal  notes.    There  being  no  objection,  CSHB
26(FSH)  was  reported   from  the  House  Special   Committee  on                                                              
Fisheries.                                                                                                                      
                                                                                                                                

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