02/09/2007 08:30 AM House FISHERIES

HB 41-TRANSFER HABITAT DIV FROM DNR TO F&G                                                                                    
                                                                                                                                
9:54:18 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE BILL  NO. 41,  "An Act  returning certain  duties regarding                                                               
habitat management  from the Department  of Natural  Resources to                                                               
the Department of  Fish and Game; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
9:54:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LES  GARA, Alaska State Legislature,  presented HB
  as prime  sponsor, paraphrasing  from the  sponsor statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     In 2003, former Governor  Frank Murkowski made a change                                                                    
     to   fisheries   protection   policy  that   has   been                                                                    
     controversial ever since.  By  Executive Order [EO], he                                                                    
     transferred the  Department of Fish and  Game's Habitat                                                                    
     Division to  the Department of  Natural Resources.   At                                                                    
     the time,  every former Commissioner of  the Department                                                                    
     of Fish  and Game (ADF&G)  objected to the move.   They                                                                    
     contended, as  many still do,  that the move  created a                                                                    
     conflict   that  would   prevent   the  Division   from                                                                    
     performing  its  duty  to make  sure  Alaska's  fishing                                                                    
     waters and other wildlife  resources are protected, and                                                                    
     that development projects be  designed in a manner that                                                                    
     doesn't compromise that goal.                                                                                              
                                                                                                                                
     The  goal  of  protecting  fish  and  game  habitat  is                                                                    
     consistent  with   the  goals   of  the  ADF&G.     The                                                                    
     Department of  Natural Resources  is charged  with many                                                                    
     functions, including that of  resource development.  In                                                                    
     theory the  Habitat Division  could serve  its function                                                                    
     equally   within   either  Department.   However,   the                                                                    
     transfer occurred  because certain businesses  felt the                                                                    
     move would make the  agency more compliant with private                                                                    
     developer  interests and  consequently less  protective                                                                    
     of  the fisheries  and other  resources it  was charged                                                                    
     with protecting.                                                                                                           
                                                                                                                                
     With  significant projects  on  the  horizon, like  the                                                                    
     Pebble open  pit mine, the  public should  be confident                                                                    
     that   the   Habitat    Division's   functions   remain                                                                    
     independent and uncompromised.   For the reasons stated                                                                    
     by   the   Board   of   Fisheries,   and   the   former                                                                    
     commissioners  of  ADF&G,   we  believe  this  division                                                                    
     should be moved back to the ADF&G.                                                                                         
                                                                                                                                
10:02:02 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GARA  named various  testifiers who  have provided                                                               
written  testimony,  or  will appear  as  witnesses,  during  the                                                               
public  hearing  on the  bill.    He  directed attention  to  the                                                               
committee  packet and  Governor  Palin's letter,  of February  8,                                                               
2007, to  the chairman of  the Board  of Fisheries.   Although it                                                               
states  that she  is not  inclined to  exercise EO  privilege, he                                                               
opined that she does show concern for the issue.  He read:                                                                      
                                                                                                                                
     While  the  habitat  functions, perhaps,  should  never                                                                    
     have been moved from  ADF&G to DNR, that reorganization                                                                    
     has already occurred.                                                                                                      
                                                                                                                                
REPRESENTATIVE GARA speculated that  the governor understands the                                                               
ramifications  of  moving  OHM&P  back to  ADF&G.    Further,  he                                                               
expressed  concern  for  how   future  developments,  with  major                                                               
environmental impacts, will  be addressed.  The  issue of fishing                                                               
stream protection is in the forefront.                                                                                          
                                                                                                                                
10:03:56 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON asked  if there are any examples  of OHM&P providing                                                               
inadequate  habitat protection,  within  the permitting  process,                                                               
due to the office's relocation to DNR.                                                                                          
                                                                                                                                
REPRESENTATIVE  GARA  responded that  a  definite  change in  the                                                               
"view," which  habitat assumes  on issues,  has been  reported to                                                               
him.   There are reasons,  he offered, why lower  level employees                                                               
may not  choose to come  forward and "criticize the  decisions of                                                               
their  superiors,"  although  this  may  be  what  is  needed  to                                                               
adequately address the issue.   He offered the current memorandum                                                               
of understanding (MOU), between DNR  and ADF&G for the permitting                                                               
of the proposed Pebble Mine, as  an example.  The MOU effectively                                                               
calls for ADF&G to assume a "junior role."                                                                                      
                                                                                                                                
10:07:20 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  pointed out  that a  revision of  the MOU  is being                                                               
considered,  according  to  the  governor's  letter.    Prior  to                                                               
further discussion  on HB 41,  he asked that the  sponsor provide                                                               
specific  examples  of  how  OHM&P  has  failed  to  fulfill  its                                                               
function, due to the current configuration.                                                                                     
                                                                                                                                
REPRESENTATIVE  GARA  reiterated   the  difficulty  in  obtaining                                                               
examples, however, he stressed that the sentiment does exists.                                                                  
                                                                                                                                
[HB 41 was held over.]