Legislature(2017 - 2018)GRUENBERG 120
04/07/2018 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| HB199 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 199 | TELECONFERENCED | |
HB 199-FISH/WILDLIFE HABITAT PROTECTION; PERMITS
10:05:54 AM
CHAIR STUTES announced that the only order of business would be
HOUSE BILL NO. 199, "An Act establishing general fish and
wildlife permits and major and minor anadromous fish habitat
permits for certain activities; establishing related penalties;
and relating to the protection of fish and game and fish and
game habitat." [Version M was before the committee.]
10:06:20 AM
CHAIR STUTES opened public testimony for HB 199.
10:06:32 AM
CLAUDIA ANDERSON stated she was testifying on behalf of herself
and her family in support of HB 199. Alaskans are so lucky,
with respect to salmon, in comparison to those in Norway, the
British Isles, Oregon, Washington, and in part of Canada, she
said. Although it is not possible to control all the salmon
watershed, it is important to control as much as possible. She
emphasized the importance of setting a standard for
accountability. She said that the committee knows the economic
benefits salmon provides to Alaskans. In fact, most people have
salmon in their freezers, she said. She acknowledged that HB
199 might not be perfect, but it was a starting point. She
concluded her testimony by stating that she supports HB 199.
10:07:42 AM
PAT HOLMES stated he has been an Alaskan since statehood. He
recalled when "things were truly a mess," before laws to protect
salmon were enacted. He offered his belief that updating the
[statutes] was long overdue. He recalled when the Division of
Habitat was shifted out of ADF&G [Alaska Department of Fish &
Game] to the DNR [Department of Natural Resources] and about 40
percent of the staff left or transferred to other agencies. He
offered his belief that it has not been rebuilt to adequately
handle the habitat regulations [and statutes] that were in
effect before HB 199 was proposed. He emphasized that budget
reductions to ADF&G, especially to the Divisions of Habitat and
Commercial Fisheries has resulted in operational staff
reductions between 30-40 percent. He thought the user pay and
bonding provisions were a huge step forward. He said he
reviewed the summary of changes and thought that the sponsor was
on the right track. He offered his support for HB 199.
10:09:23 AM
CHRISTINA EDWIN said as a member of the [Cup'ik] tribe she would
like to give voice to tribal consultation and indigenous people
of the state. She was not sure of all of the changes in the
bill. She stated that salmon has sustained indigenous people
for thousands of years. This bill would provide a means for
more citizens and agencies across Alaska to engage in the
process of any large-scale mining or logging projects. She also
wished that testifiers could have more than three minutes to
testify since some have depended on the renewable resources for
generations.
10:11:22 AM
ALYSSA QUINTYNE spoke in support of HB 199. She offered her
belief that this was a good step to protect Alaska's waterways,
salmon and the communities that depend on salmon. She directed
attention to the importance of HB 199 in giving communities a
voice in the projects and developments taking place in their
communities. She said the legislators owe it to their
constituents to protect the resources while engaging with them
to allow them to have a voice with anything that would impact
their livelihoods or jobs. She thanked the committee.
10:13:03 AM
PETE RODDY testified in support of ballot initiative and he
appreciated the committee's work to develop legislative language
which reflected the intent [to protect salmon habitat]. He
expressed concern that there was not any requirement for
[indisc.] waterways be proven not to be anadromous. He related
from his experience forty years ago discovering anadromous
streams while [working on] logging roads in Southeast Alaska
when fish barriers would not be required because streams were
not on the anadromous streams listing based on survey notes. He
expressed concern that the bill might only protect anadromous
streams listed in the state's list of anadromous waters. He
suggested that this would be totally inadequate.
10:14:29 AM
REPRESENTATIVE TARR asked the witness to confirm his statement
that he had worked in forestry. She asked whether he worked as
an Alaska Department of Fish & Game employee cataloging waters
for the anadromous catalog. She asked for clarification whether
he had survey notes that were passed along and that did not
require fish barriers.
MR. RODDY responded that there was not any requirement for the
US Forest Service or their contractors to provide fish passage.
He offered his belief that if someone was going to develop or
build [a road] it was incumbent on the developer to prove the
waters that would be blocked were not anadromous streams. He
related his understanding that only about half the waters were
listed in the anadromous waterways catalog.
10:16:17 AM
SPENCER SEVERSON stated that he has been a commercial fisherman
in Southeast Alaska for 35 years. He appreciated the
committee's efforts on HB 199, but he felt it fell short to
protect fish. He expressed concern that fish must be protected
since Alaskans depended on fisheries. He acknowledged that
mining and development were also very important to Alaska but
protecting fish must be a priority.
10:17:27 AM
KEITH NYITRAY stated he has lived in Alaska for nearly 40 years
and worked for several years as a commercial fisherman. He
emphasized that the health of Alaska's fisheries was very
important to him. He offered his support for HB 199 although he
thought the bill could be improved. He thanked the committee
for working to protect Alaska's salmon especially for future
generations.
10:17:54 AM
MR. NYITRAY expressed concern about the effects of mining on
fisheries. He stated that time and time again throughout the US
and other countries, the mining industry has reaped the
resources and devastated the land despite assurances that the
industry would never do so. Some companies have declared
bankruptcy only to leave local, regional, and national
governments to pay for the cleanup if even possible to do so.
He offered his belief that it was time to stop privatizing
company profits and incurring and socializing the risks
associated with mining. He emphasized the legislators' job was
to represent and do what is best for Alaskans and not what is
best for transnational corporations and non-Alaskan
shareholders.
MR. NYITRAY stated that Alaska's fisheries and fish-related jobs
in any region are sustainable; however, mining jobs are not
since mining extracts the resources forever. He asked members
to consider whether to support renewable resources for
generations to come or something that is not. He offered his
support for [HB 199].
10:19:17 AM
PETER BRADLEY thanked the committee for its work to protect
salmon habitat. He offered his belief that the bill has been
watered down from previous iterations. He suggested that the
committee reconsider and revisit some of the stronger language
surrounding permitting, enforcement, and accountability.
10:19:54 AM
JOHN MURRAY stated he was a commercial fisherman. He offered his
belief the bill represented an important means for discussion,
especially with respect to the upcoming initiative. He thanked
the committee for its work.
10:20:41 AM
REPRESENTATIVE KREISS-TOMKINS thanked everyone from Sitka taking
time to testify on a Saturday morning.
10:21:04 AM
FREDERICK OLSEN, JR., Tribal President, Organized Village of
Kasaan; Chair, Southeast Alaska Indigenous Transboundary
Commission, stated that words really matter. He recalled
growing up hearing Alaska referred to as a natural resource
extraction state. Some wear it as a badge of honor, he said.
He offered his belief it was another word for colony and it was
time to stop treating Alaska like a colony. He further asked to
stop making excuses for temporary companies that make permanent
damage to Alaskans way of life. It was not okay to take nature
for granted. The false balance of temporary jobs with outsiders
versus the whole world is not going to work, he said.
MR. OLSEN, JR. stated that laws matter. Alaska's mining laws
were way outdated. He stressed that Alaska was already
experiencing death by a thousand cuts, noting wild animals were
being pushed away. Forests were being cut down. He offered his
belief that the salmon derby would also disappear. He
emphasized the need for responsible development. He recalled
astronauts looking at earth [in 1969] that seemed so small from
the moon. He emphasized that earth is the only habitable
planet. He suggested Alaska could learn from the careful habits
of astronauts and be vigilant on earth. He asked members to
please support HB 199.
10:23:29 AM
BRYCE NIVER stated his support for HB 199. He urged members to
adopt stronger language to protect salmon-producing waters. He
has been a fisherman his entire life and has benefited from
Alaska's resources. He urged members to protect Alaska's
waterways because it was important to him that his children be
able to fish.
10:24:18 AM
RICKY GEASE stated that Alaska Department of Fish & Game (ADF&G)
says the decline in king salmon was due to effects in the marine
environment.
CHAIR STUTES asked him to confine his testimony to HB 199.
MR. GEASE said the issue was whether to make changes that were
being pulled in from the sustainable salmon policy in
regulation. He did not think that this bill dealt adequately
with culverts. He offered his belief that the most important
thing for fish habitat protection would be to make culvert
regulations related to bank full width and not just for average
flow. This has been done on the Kenai Peninsula, which has
proven really effective, but it has not been done statewide.
10:26:22 AM
DIANNA GARFIELD, Co-owner, Seabright Seafood, stated she was
testifying on behalf of her husband, herself, and their small
business, Seabright Seafood. She related that she and her
husband are commercial fishermen, salmon trollers, in Ketchikan.
She said her entire marketing strategy was direct marketing of
top-quality sustainable salmon from Alaska's pristine waters.
MS. GARFIELD stated she grew up in New England and watched the
commercial fishing industry collapse. She was happy to move to
Alaska where its industry had the reputation of being so well
managed. The flip side to well-managed marine fisheries was
well-managed regulations that protect the ability of fish
species to breed. She offered her support for HB 199 and the
Stand for Salmon initiative to protect the fish habitat of this
renewable resource. She said it was important for their small
business and the livelihood of many community members. She
emphasized the need for the strongest regulations to protect
salmon streams and prevent industry from wiping out salmon.
10:28:07 AM
ALEXUS KWACHKA said he agreed with nearly all the testimony. He
said he wholeheartedly supports HB 199. He stated that he did
not think it went far enough but HB 199 was a step in the right
direction. He said that Alaska needs to lead its sustainable
fisheries into the future. He stressed the past tragedies that
have occurred in Europe or the Eastern United States to the
Pacific Northwest. He emphasized that Alaska was the last one
left. Please continue to work and put additional protections in
the bill, he said.
10:29:01 AM
JILL SCHAEFER stated she and her husband own a lodge on the
Kenai River. She testified in opposition to HB 199. She
characterized the bill as being highly flawed. The fish habitat
was already being protected and permitting processes were
already in effect to do so. She wondered what was failing so
badly that this bill is needed. She said she had not heard one
example that highlighted the problem. The burden of HB 199 does
not just fall on big industries and companies but on everyday
Alaskans, she said. She emphasized that federal and state
permitting processes and restrictions already exist in terms of
salmon habitat in spawning areas. She objected to the bill
because it would increase government at a time when the
legislature cannot fund government that currently exists.
10:31:01 AM
MAUREEN KNUTSEN, Commercial Fisherman said she was representing
herself and her husband and she has been commercial fishing
since 1975. She thanked the sponsor, Representative Stutes.
She gave a shout out to her Representative Bryce Edgmon, who
represents the area. She offered her support for HB 199. It
probably was not a perfect bill, but it is better than the
current law, she said. She offered her belief that habitat
protection would keep the salmon stocks healthy and strong,
especially when considering projects like the Pebble Mine. She
recalled testifying 10 years ago [against the Pebble Mine] but
it has taken this long to get some action. She recalled the
University of Washington had testified that many streams exist
in the headwaters of the Naknek-Kvichak river that contain
anadromous fish but have not been documented.
10:33:15 AM
KRISTEN COLLINS spoke in support of HB 199, relating that she
relies on salmon for food. She respectfully disagreed with a
previous testifier, who said the existing management was
sufficient. She offered her belief that salmon runs having been
declining throughout Alaska. She did not want to look back and
realize that the legislature could have made a difference by
strengthening habitat laws but did not do so. She urged members
to pass HB 199.
10:35:18 AM
GAYLA HOSETH thanked the bill sponsor for her work to protect
salmon habitat and also for the work others have done. She
offered her belief that salmon habitat needed protection and the
60-year-old law needed to be updated. She emphasized the need
for a strong public process that allows voices to be heard.
Salmon need protection since people throughout Alaska rely on it
for food and share it with people throughout the world. She
said it was important to provide protection for Alaska's
resources and for responsible development. We need clean water
and Alaska must protect its waters for future generations. She
strongly supported the salmon habitat ballot initiative
language, too.
10:36:29 AM
LAURA MASTRELLA, Commercial Fisherman, stated she was testifying
on behalf of herself and her family. She thanked members for
working on salmon habitat protection. She said she has been a
commercial salmon troller in Southeast Alaska for 27 years she
and her partner have raised five children. Two of their
children have made significant investment in salmon trolling,
she said. She offered support for the Stand for Salmon
initiative as well as HB 199 since these measures offer stronger
protection for salmon habitat. She said habitat protection
provides additional protection for her job and those of her
children. In the Chilkat Valley logging and industrial mining
activities have loomed over the salmon producing rivers, which
feels threatening to her. She offered her belief that salmon
habitat protection needs to be a priority. Commercial fishing
has provided jobs and will do so over the long term, while she
viewed logging and industrial mining as temporary by nature with
many people coming in from the Lower 48.
10:38:28 AM
MEGHAN GERVAIS, Commercial Fisherman, stated she was
representing herself, her husband, and her three children, who
are all salmon fishermen. They commercial fish in Bristol Bay,
but also participate in personal use subsistence and sport
fishing. She said that her family relies on salmon, which also
is part of their culture. She characterized salmon as being
"our heart and our soul." She asked to testify in support of
the strongest protection possible for salmon habitat. She said
her family was terrified of the prospect of the Pebble Mine.
She supported anything the state could do to support the
commercial fishing jobs.
10:39:42 AM
ROCHELLE HARRISON stated she represented herself and her family
who have operated a camp for sport fishermen for 35 years. She
said that this bill was very important to them. She expressed
concern that the law had been weakened, that what is important
is for Alaskans to have a voice in the permitting process. She
further emphasized the need for strong enforcement standards to
protect salmon habitat. She would like to see accountability to
ensure salmon habitat protection. She said her family relies on
the fisheries and has had a sustainable lifestyle. She offered
her support for HB 199. She expressed her gratitude for the
work the committee members are doing on this bill.
10:41:42 AM
CAROL FORD stated she was testifying on behalf of her family,
especially for her granddaughter. She thanked members for their
work on HB 199 and she hoped the bill will become even stronger
and will pass. She was encouraged by the direction this bill
took since it recognizes that Alaska has been a fishing state,
where wild salmon live and renew Alaskans and the rest of the
world. She thought perhaps the state lost sight of that or has
been moving off balance. She hoped the committee would
strengthen HB 199 and pass it to protect Alaska's salmon.
10:44:08 AM
GEORGIANA HEAVERLEY stated she grew up in Nikiski. She
graduated from the University of Alaska Fairbanks and works as a
commercial fish gillnetter in Cook Inlet. She offered her
support for HB 199. She offered her belief that the current
permitting development project protection in fish and wildlife
habitat needs to be updated to ensure responsible resource
development and protection for salmon for future generations.
She said Alaskans deserve a stronger voice in the permitting
process. As a commercial fisherman and poet, she closed her
testimony from her poem titled, "Our Alaskan Responsibility," as
follows:
We all call this state home, people and salmon alike.
I just have to say that when we do things just right,
our proud state thrives and is the joy of the nation,
because everyone recognizes the strongest foundation,
that Alaskans make up. We set the blue and gold
standard, so let's not fail now and please hear my
words, because someday I'll grandkids and they'll have
them, too. I wish with all of my heart that they get
to go through a strong fishing season on a clean-
powered vessel, and that fuel and those salmon are
just as special as they were when I lived in these
critical days, where we must do our part and not get
in the way of protecting our salmon and thus our way
of life and ensure we are responsible for
sustainability is in sight.
10:46:17 AM
CHRISTINE HUTCHESON stated her opposition to HB 199 because the
bill was premature given that the state will be voting on the
issue [on the Stand for Salmon initiative]. She viewed this as
additional burdensome government regulation and permitting. She
encouraged members not to pass the bill. She was unsure if the
bill had any fiscal notes; however, she did not think the state
was in a fiscal position to finance the proposal. She offered
her belief that the initiative should happen first.
10:48:28 AM
MAKO HAGGERTY said the bill was important but needed to be
stronger. Salmon touches people directly and indirectly. The
best way to protect salmon was to protect salmon habitat. He
offered his belief that everyone, even those opposed to the bill
understood the importance of salmon habitat. He cautioned that
the failure to protect salmon habitat would lead to salmon run
failures and no one wants that to happen in Alaska. He said
that HB 199 takes a step in that direction. He emphasized the
importance of local runs to residents, which was why the state
should allow residents a voice in the permitting process on
projects. Although some people viewed the bill as increasing
government, it would also provide Alaskan residents a voice,
which gives people power over transnational corporations. He
expressed concern that the bill might get weakened. He thanked
the committee for hearing the bill.
10:51:03 AM
KONRAD SCHAAD, testifying on behalf of himself and his two sons,
said he moved to Alaska from Switzerland 38 years ago. He
remembered seeing pictures of salmon being caught in
Switzerland's Rhine River and its tributaries, but the last one
was caught about 100 years ago. He related a viable commercial
fishery from Holland to the Alps once existed, but salmon were
not protected, and these fisheries no longer exist as their
waters became polluted and the rivers were dammed. He offered
his belief that Alaska sits at a turning point since it still
has the most productive salmon streams. He expressed concern
that projects on the horizon could adversely affect salmon. He
offered his support for HB 199 but spoke in favor of adding
stronger language. He emphasized the need to give Alaskans a
voice, for enforceable rules for salmon habitat protection, and
to give the Alaska Department of Fish & Game authority to
protect salmon habitat. He further suggested a two-tier
permitting system to streamline permits since the current system
used the same permit application for a culvert or a Pebble Mine.
He stressed promoting responsible development by requiring
projects to minimize the impact and not issue permits that would
jeopardize salmon streams.
10:53:08 AM
DYLAN BRAUND testified in support of HB 199 and stated he was at
the legislative information office (LIO) with his two commercial
fishing sons to give them a civics lesson. The impetus of
statehood was to protect salmon, that Article VIII, Section 4 of
Alaska's Constitution stated, "Fish, forests, wildlife,
grasslands, and all other replenishable resources belonging to
the State shall be utilized, developed, and maintained on the
sustained yield principle, subject to preferences among
beneficial uses." He said that fisheries should be regulated in
the ocean habitat according to exacting, stringent, science-
based management codified by the Board of Fish and implemented
by ADF&G by the principle of sustained yield. This approach has
led to over 50 years of sustainable fisheries management and
made Alaska a global model.
MR. BRAUND remarked that legislators were now being asked by the
same Board of Fisheries to apply an approach which has been
implemented in the marine habitat to riparian habitat. He asked
how the state could ensure sustained yield without riparian
habitat protection. The statement of policy in Section 1 of
Alaska's Constitution requires development of its resources by
making them available for the maximum use consistent with the
public interest. Section 2 states that the legislature shall
provide for the utilization, development, and conservation of
all-natural resources belonging to the state, including land and
waters, for the maximum benefit of its people.
10:54:27 AM
MR. BRAUND stated that conservation is the cornerstone of the
state's maximum use policy. The constitutional delegates
understood this term to include wise use. He offered his belief
that salmon is the key species in the watershed ecosystem.
Maximum use requires intact fully-functioning ecosystems, he
said. In closing, salmon sustains the state, communities, jobs,
families, and subsistence and provides the binding thread that
ties Alaskans together. He stated that riparian habitat
sustains salmon and must be managed by science-based management
practices. He expressed concern about foreign-based
corporations applying for permits that may adversely affect the
largest sockeye salmon fishery.
10:55:47 AM
BRIAN LYNCH said he has been a 39-year resident of Alaska and
36-year resident of Petersburg, a community whose lifeblood is
absolutely dependent upon healthy salmon resources. As a
retired biologist of ADF&G with over 30 years of experience in
research and commercial fisheries management, he offered his
support for HB 199. He related that early in his career he ran
a project on the Stikine River conducting spawning and rearing
habitat studies in anticipation of construction of hydroelectric
project proposed by DC Hydro. He said that thankfully the
project was never constructed. He related he has experience
with salmon rearing and salmon spawning requirements. He also
served for nine years on the Pacific Salmon Commission's Chinook
technical committee, where he obtained a full understanding of
the economic effects of salmon habitat degradation. The battles
that the US has with Canada and the southern US over dwindling
stocks and quotas within the salmon treaty process have
everything to do with habitat degradation in the Pacific
Northwest and British Columbia, he said.
10:57:00 AM
MR. LYNCH urged members not to think it cannot happen here. He
grew up in Oregon and witnessed it firsthand. He pointed out
that this year Southeast Alaska has experienced the most severe
commercial and sport fish harvest restrictions for Chinook
salmon have occurred. He acknowledged that these restrictions
were related to ocean survival and not habitat degradation, it
was imperative to provide salmon habitat protections in fresh
water. Although it was not possible to control ocean
conditions, the state can and must protect and maintain salmon
spawning and rearing habitat to the highest level possible.
Unfortunately, he did not believe that was currently happening.
MR. LYNCH thanked committee members for their efforts to
increase habitat protections on the transboundary rivers of
British Columbia in Washington D.C. He said it was now time to
fully demonstrate the committee has the same concerns about
salmon habitat in Alaska. He urged members to support HB 199.
10:58:17 AM
JIM SCHRAMEK asked to testify on behalf of himself and his
family, particularly his 18-month old grandson. He said he has
resided in Petersburg for over 40 years, working as a
hydrologist for the US Forest Service, and as a geographic
information systems (GIS) coordinator. He agreed with previous
testifiers, especially to strengthen the bill and to support the
Stand for Salmon ballot initiative. One thing he has learned
about cataloging streams was that a significant number of
tributaries exist, he said. He emphasized that the state cannot
only rely on the current cataloged data to provide all of the
answers with respect to development decisions and it must have
on-site investigation. He said it was more complicated to
account for all the anadromous streams. The types of
development being proposed would risk downstream habitat and it
was really important that the state make the right decisions,
but it could not be done without having all the information and
the process to use it effectively.
11:00:40 AM
JOAN TRAVOSTINO spoke in opposition to HB 199. She identified
herself as someone who has voted in every election since 1982.
She said that Alaska's economy needed responsible management of
a diverse economy, including mining, forestry, oil and gas, and
fisheries. These natural resources needed to be managed
together to create a diverse economy. She has heard prior
testimony supporting healthy salmon fisheries and expressing
concern about the Pebble Mine; however, a robust permitting
process currently exists. She did not see the need for HB 199
since she does not see the problem the bill was trying to fix.
11:02:04 AM
GAIL PHILLIPS offered her strong opposition to HB 199. She
related that she has lived in many communities throughout the
state. According to the sponsor statement HB 199 was known as
the Wild Salmon Legacy Act, but it should be known as the
Shutdown Alaska's Development Act. She offered her belief that
if Title 16 needed to be updated, it should have been the goal
of the bill. Unfortunately, this bill attempted to circumvent
common sense so completely that it would negatively affect any
large or small development project throughout Alaska, she said.
For decades Alaska has bragged that it has the strictest
fisheries protection laws in the world. If this was true, she
wondered why it was necessary to make changes to the law. She
offered her belief that this was just another attempt to stop
the Pebble Mine project or any other large mine or development
project.
11:03:25 AM
MS. PHILLIPS pointed out that Alaskans understand honesty and
forthrightness; however, this bill was neither. It appeared
that this bill was unilaterally trying to change the entire
permitting process into a denial process. She reiterated her
strong opposition to HB 199 since Alaska already has a rigorous
system in place to protect its waterways, communities and lands.
These systems have worked well for many years. The regulatory
system already provided protection of Alaska's resources while
at the same time it allows economic and resource development to
occur. She urged members not to move this bill forward.
11:04:31 AM
TIM TROLL, Executive Director, Bristol Bay Heritage Land Trust
stated that the trust was formed by the Choggiung Limited
Village Corporation in 2000. He related that through easements,
the BBHLT has helped protect some 34 thousand acres of salmon
habitat in Bristol Bay. He testified in support of HB 199,
particularly in its original form.
MR. TROLL stated that in 2008 the Bristol Bay Heritage Land
Trust participated in and helped fund an intensive effort to
catalog the anadromous streams project in the headwaters of the
Nushagak and Kvichak watershed. The effort lasted six years and
resulted in adding hundreds of streams to Alaska's catalog of
anadromous waters. He recalled in the early days of stream
sampling that one question often arose. They wondered why this
sampling was even necessary. Every time a helicopter flew out
to sample salmon, the sampling crew found salmon in every stream
segment they sampled and even found salmon above beaver dams or
what appeared to be isolated ponds. He noted that they had been
sampling to prove the obvious, that salmon had been thriving in
this landscape for thousands of years. He summarized by saying
that the starting point assumption in Bristol Bay should be that
all streams are anadromous, and that all parts of the streams
are important. He reiterated his support for HB 199.
11:07:05 AM
BILL HAUSER, Owner, Fish-Talk, stated he has a 30-year career
with ADF&G. He said fish need good quality habitat. He offered
his support for HB 199. Raw materials were needed for any type
of production and for fish the raw material is habitat. Using
it for manufacturing, the habitat would be used once, but for
fish it is reusable and renewable.
MR. HAUSER said the importance of fish and fish habitat was
recognized at statehood and is built into Alaska's constitution.
He related that he has been working with his professional
society to hold a meeting of fisheries scientists from Alaska
and the Western United States, including scientists coming from
states whose salmon populations have been depleted. He stated
that fish habitat was necessary if Alaska wants to have fish for
future generations. He urged members to support HB 199.
11:09:48 AM
ED GOHR stated he disagreed with HB 199 because it would
seriously impact communities and economic development, and the
future gas pipeline.
11:10:22 AM
JOHN STURGEON, offered his opposition to HB 199, stating that he
thought the bill was anti-development, made false promises, and
contained very little science. He has worked in the forest
products industry in Alaska for 48 years, industries regulated
by the Forest Practices Act (FPA). He stated the FPA was based
on real science and focuses on clean water, reforestation, and
protection of salmon habitat.
MR. STURGEON disagreed with an earlier testifier who had
suggested some salmon streams were not protected and catalogued.
He described the process such that ADF&G walks the area and
foresters also track the streams. He said that to state streams
are not catalogued is not true at least in his experience in the
forest industry.
MR. STURGEON, in terms of stream buffers, said that the industry
has found that 95 percent of large woody debris came from within
66 feet of the streams so a 200-foot buffer [offers protection].
He concluded by stating he opposed the bill.
11:12:15 AM
CHIP TREINEN thanked the committee for its efforts in addressing
a very real issue. He hoped members would pass HB 199 and allow
it to go through the legislative process. He suggested that
some people have proprietary interests and are delusional to
think a robust system protects fish habitat at this time. He
said it was clear that protections for salmon habitat are weak
and need to be strengthened. He appreciated the work to achieve
consensus and is a step forward even though he would prefer
stronger protections.
11:13:47 AM
JOHN S. SONIN stated he strongly supported HB 199. He expressed
concern about development in the Taku River drainage area (audio
difficulties).
11:16:18 AM
JOHN LAMBORN, Geologist, stated he has been working in Alaska in
the mining industry since 1985. He has worked on multiple
prospects in several mines. He has seen the permitting process
to put a mine into production go from 18 months to 18 years. He
expressed concern that the time could double. The time lag was
not due to mining disasters since the industry has been diligent
and working with government agencies to build mines that are not
prone to environmental disasters. Based on its history, the
mining industry has performed well, and the current permitting
process has worked well. Alaska's mining industry has fostered
hope and brought benefits to all communities that it serves.
Without exception the mining community in Alaska has been a
locally derived and supported part every community it has been
involved in; for example, the two mines in Juneau were
vehemently opposed but are now pillars of the community.
MR. LAMBORN stated that the mining industry works diligently to
set standards for the world in environmental stewardship. The
permitting system has been improved through decades of study,
effort, and experience. Under the existing permitting system,
it takes three to five years of baseline studies to begin to
file for permitting. He questioned what was wrong with the
current system. He urged members to leave it alone since it is
a science-based permitting system. The bill (audio
difficulties) encompasses the entire state. He predicted that
under the bill all industry and communities would be negatively
impacted, including oil and gas industry, municipal communities,
and individuals. It encompasses all Alaskans.
MR. LAMBORN related his understanding (audio difficulties) that
it would affect him operating his boat. He reported Usibelli
Coal Mine and Red Dog Mines have been in production for 75 and
33 years, respectively and Greens Creek Mine restarted 29 years
ago and began in the 1930s.
CHAIR STUTES offered to distribute his written testimony to all
committee members.
11:19:23 AM
JAMES TANHA spoke in support of HB 199 and echoed what 95
percent of the testifiers said, which was that it does not go
far enough but goes in the right direction. He reiterated his
support for HB 199.
11:20:16 AM
DOUGLAS MCINTOSH said that HB 199 does not go far enough but he
offered his support for the bill.
11:20:59 AM
COURTENAY CARTY, Tribal Administrator Curyung Tribal Council,
stated the council works with state and federal resource
managers to protect our (indisc.) in fish and wildlife habitat
protection but in protection of Native children.
MS. CARTY stated that the Curyung Tribal Council offered
resolution 2712 on May 11th. She said that maintaining the
sustainability of Alaska is important for Alaskans. She
advocated for transparency and open communication with effective
engagement with stakeholders and the public. She offered her
belief that enacting HB 199 would further facilitate the
intention of the writers of Alaska's Constitution outlined in
statement of policy of Article VIII of the natural resources
section, which read as follows [original punctuation provided]:
Section 1. Statement of Policy It is the policy of the
State to encourage the settlement of its land and the
development of its resources by making them available
for maximum use consistent with the public interest.
11:22:43 AM
MS. CARTY stated that implementing HB 199 would provide ADF&G
with the mechanisms to incorporate the constitutional directive
making these resources available for use consistent with the
public interest. She suggested the public process in state
permitting lacked opportunities for participating that the
federal government offers.
11:23:36 AM
MICHAEL COLE stated he has a small sporting goods business and
some affiliation to commercial fishing. He thanked the sponsors
of HB 199. He said he has been involved in the fishing industry
his entire life. He offered his belief that it was important to
review the permitting process for nonrenewable resources and
hold industry accountable for environmental impacts to salmon
habitat. He emphasized that salmon affects most Alaskans. He
has considered degradation to salmon runs in the Lower 48 and in
British Columbia, along with mining accidents. He favored
adding additional protections to salmon habitat and rearing
grounds or the future of salmon would be at risk.
11:25:13 AM
STEPHANIE QUINN-DAVIDSON thanked the committee for its work on
HB 199. She offered her belief that the current habitat laws
were not working in Alaska. She pointed out projects in the
Kenai and Matanuska-Susitna (Mat-SU) areas had properly
permitted projects but have been linked to locally-impacted
salmon populations. She cautioned that with increased pressures
on the horizon it was imperative to act now to protect Alaska's
salmon. She acknowledged that Alaska needs a healthy economy
and healthy salmon fisheries are a critical part of a thriving
economy in Alaska.
MS. QUINN-DAVIDSON said this bill was an attempt to balance
economic development and protection of salmon through
responsible development. She supported components of HB 199,
but does not support all components. She supported the public
process, the two-tier permitting system, and written rationale
from the commissioner of ADF&G since it creates transparency.
She expressed concern that the current bill has weakened
mitigation standards. It was unclear whether the developers can
restore and mitigate systems that were away from the development
projects. She questioned whether that was an appropriate form
of mitigation biologically, ecologically, or economically.
11:26:40 AM
MS. QUINN-DAVIDSON said she did not approve that hatcheries as
mitigation tools were an option in the current bill. Lastly,
she expressed her disappointment that the committee removed the
presumption of anadromy from the bill, although she recognized
the reasoning was that above certain elevations standards do not
exist. She expressed her preference to create an exception for
areas above a certain elevation rather than to remove the
presumption as a whole. She offered her belief that the bill
needs to be strengthened and our salmon are worth it.
11:28:15 AM
AMY NYE stated she comes from a family of commercial troller
fishermen. She thanked the committee for their work to protect
the salmon for future generations. Alaska has enabled its
people to enjoy the rich and varied benefits that come with
healthy salmon runs. Her family, including her children's
grandparents, have been commercial fishing. She has observed
changes in commercial fishing over time. She emphasized that it
was clear Alaska is at a crossroads in salmon history. Many
families, such as hers, rely on commercial fishing, but the
first serious declines raise critical questions about the long-
term health of Alaska's salmon. She pointed out many areas
around the world, including Europe, New England, California, and
the Pacific Northwest indicate changes in the natural systems
that salmon depend upon.
MS. NYE said small incremental losses may seem harmless
individually; however, collectively it is more difficult to
remedy. Declining habitat for spawning and rearing remains one
of the most important factors that depress salmon runs in
Alaska. It would be tragic to lose salmon runs anywhere in
Alaska because the state failed to learn the history lessons.
She highlighted that this was Alaska's chance to get it right.
Given how fundamental salmon are to Alaska, state leaders need
to pass meaningful habitat protections and define proper
protections now, so that Alaska could live up to its legacy as
the last and greatest home for wild salmon, she said.
11:30:51 AM
The committee took an at-ease from 11:30 a.m. to 11:45 a.m.
11:45:07 AM
SOMMERS COLE, Commercial Fisherman, stated that he was a
commercial gillnet fisherman, part-time fly fisherman guide, and
has worked this summer with Stand for Salmon. He said he was
born and raised in Juneau. He advised members that he had
delivered a letter earlier this session signed by 200 commercial
fishermen in support of HB 199. The permitting process statutes
have not been updated since statehood, he said. He said the
letter outlined the need for clear, science-based definitions of
important habitat characteristics that must be maintained to
support salmon runs. These characteristics included water
quality, stream-flow levels, and fish passage. The letter also
highlighted the need for all salmon-bearing watershed to be
included in this permitting process, a list far longer than the
one listed in the anadromous waters catalog, he said. The
letter explained the importance of public notice and public
comment periods for larger projects because Alaskans have the
right to know and should be allowed to comment on project
applications that have the potential to impact their lives and
communities.
11:46:00 AM
MR. COLE said his letter also included the need for common-sense
standards that developers must meet to protect wild salmon runs
as they develop the project in salmon habitat. He said it was
easy to get mired down; however, something that connected all
user groups and Alaskans without question was that having more
salmon return to their natal streams was good for everyone.
Providing adequate protection to salmon habitat was part of
sound management and the single most effective way to ensure
that this crucial piece of Alaska's sustainable economy is not
eroded as the state grows (audio difficulties) without
permanently displacing or devaluing our renewable resources.
MR. COLE emphasized that Alaska is the world's last great
stronghold of wild salmon. Salmon species once ranged widely
throughout the northern hemisphere. California, Oregon,
Washington, and British Columbia have all experienced the recent
losses of strong salmon populations. He said, "I often imagine
the great runs of the Columbia River and what that fishery would
be worth now had they acted with foresight as they grew and
developed." He (audio difficulties) thanked members for
considering HB 199. He urged members to please move the bill
forward and continue to work to continue to protect fish habitat
in such a way that it protects Alaska's salmon fisheries for
generations to come.
11:47:43 AM
REPRESENTATIVE TARR asked the witness to resend letter signed by
the 200 fishermen to the committee.
MR. COLE agreed to provide it to the committee.
11:48:15 AM
BRIANNE MECUM, Commercial Fisherman, stated she was born in
Alaska and she and her husband operate a gillnet commercial
fishing boat in Southeast Alaska. She said salmon were
important to her because she understands how vital they are to
the state's economy, the health of Alaska's ecosystem, and
culture and the spirit of all Alaskans. She thanked
Representative Stutes for identifying the shortcomings in the
salmon habitat permitting law and for sponsoring HB 199. She
emphasized that habitat loss was the leading cause of population
declines and extinctions for all species worldwide.
MS. MECUM said that Alaska was fortunate to have some of the
last strong wild salmon runs in the world, primarily due to the
intact habitat. Currently, Alaska has an opportunity to
demonstrate it recognizes its good fortune and show its
willingness to redefine what it meant to develop responsibly.
She stated that the current salmon habitat permitting law was
weak. The state should not squander Alaska's greatest renewable
resource. She emphasized that the state can review what has
happened in Canada and the Lower 48 to see the effect projects
have on wild salmon runs. She asked whether this was the legacy
the legislature wanted to leave for future generations of
Alaskans. She wondered if the state would look back at this
opportunity in 20, 50, or 100 years and regret not having done
more to protect one of Alaska's greatest assets. She hoped the
committee members would choose to be leaders on behalf of
thousands of Alaskans who want to see strong habitat protections
written into state law. So many factors affect salmon
populations and many of them but are outside Alaska's control or
too complex to navigate. She suggested that changing Alaska's
permitting law was one of the easiest solutions to ensure that
Alaska remains a world-wide leader in sustainable fisheries and
that development does not occur at the expense of one of
Alaska's most important renewable resources. She urged members
to continue this conversation and pass a version of HB 199 that
clearly accomplishes this.
11:50:37 AM
MELANIE BROWN, Commercial Fisherman, stated she was representing
herself, but she is also a tribal citizen in Naknek Native
Village. She said her relationship with salmon extends to how
she tastes the land and water. She offered her belief that
salmon wed those two elements together. She resides in Juneau
in the winter months (audio difficulties) extends her
relationship to Juneau. She said her relationship to the land
represents a richness that defines her as an Alaskan and she has
worked to protect and share this with other people.
11:52:03 AM
MS. BROWN said that what remains in the current version of HB
199 was a vast improvement to the current fish habitat
protection law; however, she was disappointed to see the
presumption of anadromy removed. She understood since some
people felt there were unintended consequences associated with
it, but something needs to be done about it.
11:53:14 AM
JOE EMERSON, Commercial Fisherman, said his family has
commercial fished for three generations in Southeast Alaska and
in Kodiak. He has commercially fished his whole life. He
stated that he and two other Alaskans have a small business in
Michigan and sell wild Alaska salmon. His customers always ask
about the source of the fish, whether the fish has been managed
in a sustainable manner and they ask about the Pebble Mine
project or the Fukushima nuclear disaster. When customers find
out his wild salmon comes from a pristine environment, they
enthusiastically purchase his wild-caught salmon at a premium
price. He identified sustainability as being important to the
consumer, but to be a sustainable fishery, the fishery must be
managed conservatively and protect salmon habitat. He said that
HB 199 was a reasonable action considering the number of Alaskan
residents who were dependent on Alaska's salmon resources. He
urged members to pass HB 199. He said it was the right thing to
do and also made economic sense.
11:55:04 AM
JACINDA MACK, Member, Skway First Nation, told members that she
was an indigenous woman from British Columbia Skway First Nation
representing herself. She stated that she has done a
significant amount of work around salmon protection and clean
water protection in British Columbia. She said the Mount Polley
mine disaster [of August 4, 2014] happened in her home
territory. She informed members that there had been much
environmental rollback of fisheries protection in British
Columbia and Canada. She said she has observed the Fraser River
salmon runs decline and the salmon health deteriorate. Last
year most communities in the watershed did not harvest salmon
and she feared that the community would lose its connection to
salmon. When she comes to Alaska and observed the herring
fishery, she has been reminded of what happened in British
Columbia 20 years ago. She wanted to share her experiences from
British Columbia with members. She suggested Alaskans think
about what it would be like to not be able to eat anything from
the waterways, noting this is not something from the future, but
it is currently happening.
11:57:10 AM
HEATHER HARDCASTLE stated she was born and raised in Juneau.
She thanked the committee for hearing HB 199. She offered her
support for HB 199 although she would like to see it
strengthened. She urged members to please keep going. She
offered her belief that Alaska was at a crossroads and Alaskans
are "a salmon people" as are those in British Columbia. She
stressed that Alaska was the only state that remains a salmon
stronghold.
MS. HARDCASTLE offered her belief that Alaska's salmon was in
trouble. She acknowledged that everyone played a role in
getting to this juncture, but it was possible Alaska could move
forward and find solutions.
MS. HARDCASTLE said that her mother worked for the late Senator
Dick Eliason from Sitka in the 1980s. She recalled when she was
in middle-school her mother discussing Senator Eliason's finfish
bill that banned fish farming in Alaska. She further recalled
indigenous leaders and fishermen from British Columbia
testifying before committees cautioning them about going in the
wrong direction and support fish farms. She urged members to do
everything they could do.
11:59:20 AM
REPRESENTATIVE KREISS-TOMKINS commented on the witness's
testimony. He said that he found her testimony apropos given
that the State of Washington reversed its decision and
instituted a ban on finfish farming with Atlantic salmon
escapements.
11:59:55 AM
HEATHER BAUSCHER thanked members for their work. She said that
everyone was here today because they love the Alaskan way of
life. She said that people throughout the state have been
concerned about the state's vulnerability to disaster with its
current [salmon fish habitat protection] laws. She appreciated
the efforts made to include public process and the ability to
challenge determinations. This represented a good starting
point, she said. She acknowledged that state was working to
find development solutions for its current recession. She
agreed there were responsible ways to do so; however, she did
not want this to be at the risk of Alaska's salmon.
12:00:42 PM
MS. BAUSCHER said she did not want to imagine life without
salmon, this community without salmon, or Alaska without salmon.
She expressed concern about commercial fishing closures and
salmon derby cancellations. She acknowledged that some things,
such as marine issues, were not within Alaska's control;
however, she emphasized that Alaska can do something about its
streams. She stressed that the more Alaskans struggle
economically, the more they rely on filling their freezers. She
equated losing that ability to losing independence. She
lamented that the most vulnerable population would be
disproportionately affected by this. She appreciated that this
version of HB 19 gave people had more of a voice. She
emphasized that the state needed more enforceable levels of
protection for salmon streams. The technology currently exists
to provide habitat protection safely and responsibly, so it did
not seem necessary to reduce protection to make the bill more
palatable, she said. She did not think it was problematic to
hold projects to a higher standard and she encouraged the
committee to continue this difficult work to solve this problem.
She thanked the committee for the opportunity to testify.
12:02:22 PM
MARK NIVER, Commercial Fisherman, stated he and his three sons
commercially fish in Bristol Bay. He also worked for 41 years
on the North Slope for British Petroleum. He spoke in support
of HB 199 although he wished it hadn't been weakened. He found
the testimony interesting. He noted significant number of
interested projects for resource development; however, it was
important to always put salmon first. He cautioned that if not
Alaska would look like California, Washington, Oregon, and
British Columbia. He reiterated his support for HB 199. He
thanked the committee for its efforts.
12:03:30 PM
RAYMOND O'NEIL, Environmental Engineer, thanked the sponsor for
introducing HB 199. He spoke in support of the original HB 199.
He was encouraged to see so many people calling in support of
updating salmon habitat protection. He related that he has been
in Alaska for 15 years working as an environmental engineer,
including work cleaning up environmental sites. His family was
originally from Butte, Montana where the effects of resource
extraction has had historically devastating unintended
consequences resulting from a lack of regulation. He stated
that his career has included wetland and stream delineation and
restoration in the US, Midwest, and on the East Coast. He has
observed firsthand the negative impacts on fish habitat that
under regulated land development has had in recent decades.
12:04:31 PM
MR. O'NEIL stated that Alaska's ecosystems were sensitive. He
offered his belief that Alaska has an opportunity with HB 199 to
strengthen protections and ensure responsible resource
development by bringing transparency and stability to the
permitting process. Salmon habitat protection has long needed
updating, he said. He acknowledged that he spoke to an
organization opposed to HB 199 because it may add cost to the
development budget. He stressed that Alaska must be clear that
the risk associated with not protecting Alaska's salmon cannot
be left to outdated regulations or to multi-national
corporations. In closing, he thanked the committee and stated
his support for HB 199.
12:06:03 PM
LAURA WRIGHT stated it seemed to her that Alaska has a resource
that returns year after year that feeds Alaskans and other
animals. She said the state only needed to do one thing to keep
salmon continuing, that protecting habitat would ensure that the
fish resource would be available each year. She spoke in
support of HB 199. She stated that fish is the economic driver
in the Upper Susitna Valley in the form of tourism, sport
fishing, nature walks and tour operators. She said that was how
many people made a living in the Talkeetna area. She
acknowledged that Alaska has historically had a boom and bust
economy. Many people have made lots of money in mining and
other resource extraction, she said. She suggested Alaska
should reevaluate. She offered her belief that this bill was
based on sound science. In closing, she reiterated her support
for HB 199.
12:07:50 PM
THOMAS TILDEN stated his support for HB 199. He said he has
been a fisherman all his life. He anticipated that there would
be many more proposed mine projects in Alaska. He offered his
belief that many mines pollute, but the committee would need to
confirm this with the Department of Natural Resources (DNR). He
emphasized that pollution occurs because the laws and
regulations are inadequate to sufficiently protect salmon
habitat.
12:09:22 PM
MR. TILDEN said clean water, tourism, and salmon are the reasons
people come to Alaska and that represents the future of Alaska.
He cautioned that people will not come to Alaska to see dirty
mines or pollution. In closing, he strongly supported HB 199.
12:10:15 PM
LINDSEY BLOOM, Commercial Fisherman, stated she comes from a
commercial fishing family and her father, brother, husband and
two children all fish. She had salmon for breakfast and her
family eats salmon most days. She referred to some photos she
had distributed to members. She said she cherishes her "salmon
life" which consisted of paychecks, livelihood, sustenance, and
soul.
MS. BLOOM said that she was one of the original authors of the
proposal to the Board of Fish requesting the board consider
changes to Title 16 and whether the statutes were adequate to
protect salmon habitat. She indicated that this came about when
the commercial fisheries began to have more closures. She said
her family members are gillnet commercial fishermen in Southeast
Alaska. She noted the fisheries have had significant reduction
in fishing time and closures for all fish species the fishery
targets.
12:12:46 PM
WHITNEY WOLFF thanked the committee for hearing HB 199. She
offered her belief that it was a step in the right direction.
She has been following the bill. She expressed concern that
this version has been weakened. She has worked for 30 years in
volunteer community government. She suggested that the system
really begs for a common-sense approach, which will eliminate
the reactionary approach that Alaskans take. The standards and
already in place need to be applied and also be enforceable
standards, she said. She suggested this could be viewed as
providing ADF&G with the necessary tools to make educated
decisions for salmon habitat. She especially liked the public
process and due diligence permitting. She suggested that the
committee restore the presumption of anadromy since only about
50 percent of the anadromous fish was cataloged. She hoped the
bill would be strengthened and provide a balance between
resource development and fish habitat.
12:14:50 PM
LOUIE FLORA, Member, The Alaska Center, thanked the committee.
He said the bill was a complex proposal. He appreciated the
work that staff has put into the bill. He spoke in support of
the original version of HB 199. It contained strong language
and gave guidance to the commissioner of ADF&G. More
specifically, the previous version of HB 199 gave the
commissioner guidance when a project being sought for approval
required water treatment in perpetuity. In those instances, the
project would need to be re-engineered and not allow water
treatment in perpetuity, he said. He said that piece was
important for the long-term economic sustainability of projects,
but it was removed from Version M. However, he thought it would
allow developers to protect salmon habitat and not put the cost
on the public, he said. He highlighted that Version M contained
other important items, including the public comment provision.
In closing, he thanked the committee.
12:16:59 PM
MIKE FRICCERO, Commercial Fisherman; Co-founder, Stand for
Salmon, stated he has been fishing halibut and salmon for 39
years in Western and Southcentral Alaska. He thanked the
committee and staff for their work on HB 199 to strengthen
salmon habitat protections. He has been involved in community
service and gives service to his salmon community by serving as
a board member for an important non-profit harvest organization.
He said he was one of the primary founders, and donors of the
organization "Stand for Salmon." He said that he has observed
first hand, the incredible and imperiled salmon in Alaska. He
said Alaska's diverse ecosystems provide the foundation for the
opportunities for Alaskans.
12:18:29 PM
MR. FRICERRO said the existing permitting system in Alaska's
constitutional framework does not provide adequate protections
to salmon habitat. The constitutional language was too vague to
ensure long-term protection in the face of constant and ever-
increasing pressures of resource development, he said. The
status quo permitting structure, if left unchanged, would tend
to lead Alaska down the same path as the rest of the world whose
salmon resources have disappeared or are endangered. He asked
members to pursue the importance of habitat protection and
increasing public participation, which cannot be overstated. He
thanked the committee. In closing, he stated his support for
the original version but understands the need to modify a bill
in order to pass it.
12:19:36 PM
B.J. ROBINSON stated she has lived in Juneau, Gustavus, Sitka,
Fairbanks, and Anchorage. She related that many of her friends
have been deeply interwoven with salmon and salmon habitat. She
said her freezer was often full of salmon and her friends are
exhausted from a commercial fishing season. She offered her
belief that Alaskans relationship with salmon was not as simple
as fish in the freezer. She thanked the committee for their
work on HB 199.
MS. ROBINSON said much of Juneau's community works in tourism.
She previously worked for 10 summers in Gustavus as a kayak
guide, mostly to take people out to be near whales. She
reminded members that the ocean system was complex and has
already been disrupted. She said her dad has worked as a
geologist in Alaska for 40 years and he agreed that the state
needed legislation to protect salmon waters and the statutes
needed to be updated and to become more transparent. Although
she was not against mining, it was important to learn from our
past. She said she currently works as a nurse at the Alaska
Native Medical Center in Anchorage and all of her patients eat
salmon. She expressed gratitude to the many generations of
Alaska Natives who live in villages in Bristol Bay and along the
river systems across Alaska for sustainable fisheries. She
thanked the committee.
12:21:52 PM
ERIN KANDOLL stated her father-in-law and husband work as
commercial fishermen in Petersburg. Their family has relied on
salmon for their livelihood. She hoped that commercial fishing
would be protected for the next generation and beyond. She said
her family supports the strongest possible protection to keep
the wild salmon runs vital. She urged members to pass HB 199.
She thanked the committee for its efforts.
12:22:35 PM
ROBERT BOWHAY, Commercial Fisherman, said he was a third-
generation commercial fisherman. His grandfather worked on a
fish trap in Southeast Alaska. He thanked the committee for its
support for HB 199. He reminded members that restoring habitat
would also enhance habitat with hatchery fish, which are natural
fish that were put back into streams. He emphasized the
importance of healthy lakes, creeks, and rivers since they feed
into our oceans. If the state cannot protect ocean habitat it
would be a failure.
MR. BOWHAY recalled an effort in Kodiak three years to adjust
the king salmon cap in the Gulf of Alaska to allow commercial
troll fishermen to catch a salmon quota. He received a letter
from Kodiak again to reduce the king salmon quota in the Gulf of
Alaska. He acknowledged it must be tough to be a legislator
since it must mean straddling fences. He offered his belief
that clean and healthy ocean waters are as important as healthy
streams. He reiterated that hatchery fish were natural and
restorative fish and these fish could help recover and
strengthen salmon runs.
12:24:40 PM
CLAY FRICK, Commercial Fisherman, stated he previously lived in
Port Alexander. Both communities are very reliant on healthy
salmon runs, he said. He has commercially fished and still has
a power troll permit. He thanked the committee for its work on
HB 199. He emphasized that salmon habitat desperately needed to
be protected. He acknowledged others have testified to the
importance of salmon in Southeast Alaska and the ties it brings
to economic and spiritual benefits. He pointed out animals also
rely on salmon to survive.
12:25:36 PM
MR. FRICK recalled previous testimony that attested the system
was not broken. He responded by outlining projects that
adversely impacted salmon, that the state has permitted salmon
destruction in the Chuitna River. He related that 10 miles of
that stream was approved by the Department of Natural Resources
to be strip-mined as a coal mine, in part, because restoration
could occur 35 years from now. Further, he referenced Little
Boulder Creek that flows into the Chilkat River, a small
tributary produced a large run of king salmon; however, the
Department of Transportation & Public Facilities (DOT&PF)
riprapped the stream, greatly diminishing the run. He offered
his belief that this bill needs to be stronger. The idea that a
mine can leave water perpetually clean seemed crazy. He
anticipated more work needed to be done but he appreciated the
work the committee was doing on HB 199.
12:27:02 PM
BRENDA DOLMA stated she loves Alaska. She thanked the committee
for the opportunity to testify. She expressed her excitement
for a bill that would protect Alaska's fish habitat. She
emphasized that fish habitat was complex, and she encouraged
maximizing it, noting that the original bill might be the best
way to do so. During her travels and people often have
commented how lucky Alaskans were to have wild salmon. Wild
salmon cannot be replaced, she said. She urged members to
protect the riparian zone and to retain language that would
oppose any project that would damage fish habitat on the land
and water. She thanked the committee for its time. In closing,
she characterized salmon as a precious resource.
12:28:45 PM
JILL WEITZ stated she knew many committee members from her
previous work in salmon conservation. Her background was in
water policy and law and she began working in Alaska as a
compliance enforcement officer for the Division of Water,
Department of Environmental Conservation. She traveled
throughout Alaska inspecting large-scale projects from mines and
processing plants to small-scale construction projects. She has
seen first-hand the habitat permitting process and the
monitoring, compliance, and enforcement of these issues across
the state. She offered her full support for the original
version of HB 199. She thanked the committee for its efforts to
protect Alaska's waters and sustainable resources for future
generations.
12:30:12 PM
CHAIR STUTES stated that former Senate President, Senator Rick
Halford was invited to speak to the committee to give his
perspective on the bill.
12:30:52 PM
RICK HALFORD, Former Senator, Alaska State Legislature, said
that his three sons commercially fished in Bristol Bay this year
and his family also has participated in a subsistence fishery.
He echoed the thanks many have given to the sponsor and her
staff for the energy and effort on HB 199. The sponsor's
efforts began with developing a sustainable fish policy, sending
a letter to the Board of Fisheries, and making over two years'
effort, which was necessary to get a bill introduced that
addresses important elements. He said, "We have a product." He
emphasized that nobody on the outside can adequately assess the
what is possible. He said if the bill was in its best possible
form, he offered his congratulations on the bill. This bill
represents a huge improvement over the existing system. He
noted that while he enthusiastically supported the prohibitions
of perpetual remediation and other things that had been removed
from this version of the bill, it still contained public notice,
public process and provisions that provide tools for the ADF&G.
He reiterated that HB 199 was a big improvement over current
law.
12:32:26 PM
MR. HALFORD stated he agreed with most of the testimony given
today; however, he strongly disagreed with two statements. He
said he disagreed with the statement that Alaska has the
strongest protections for salmon habitat in the world. "That is
not true," he said. He also disagreed that this bill was not
necessary. "That is also not true," he said.
MR. HALFORD characterized HB 199 as being very necessary. He
emphasized that this bill represented a great service to the
state. He recommended the sponsor and the committee move the
bill out of committee in its best form, to try to get something
passed in this legislature.
12:33:16 PM
REPRESENTATIVE TARR asked for further clarification on fisheries
management as it pertained to the budget. She recalled that
some funding had previously been appropriated for research on
salmon runs but it has largely been scaled back in recent years.
MR. HALFORD said he also shared concerns over the budget;
however, he has been delighted with the technology occurring in
the past few yeas that has helped. He pointed out 35 years ago
the legislature argued about different segments of mixed stocks.
At the time researchers used coded wire tags and expensive
processes to determine what occurred when weaker stocks mixed
with stronger stocks. Now fish genetics has provided management
tools, which costs money and while he still has concerns about
the financial aspects, the fisheries science has provided
significant information for management. He explained that it
was important not to hurt the weaker elements of the stock when
the state manages mixed stocks for maximum economic value. He
stated that it could be a big help for salmon management if
genetics can provide answers without expensive processes.
12:35:02 PM
REPRESENTATIVE EDGMON recalled earlier testimony about the late
Senator Eliason. He said he was a staffer when the bill to ban
finfish farming was being supported through the process. He
asked whether he could comment on the statewide movement to
protect salmon habitat.
12:36:22 PM
MR. HALFORD offered his belief that the defense of salmon
habitat would be a big issue in the next election no matter
what. He offered his belief that this bill could create a
minimum standard that could do a lot of good. Although the
[salmon initiative] was related to the bill, HB 199 was
independent from it.
MR. HALFORD related that he started in this process as an air
taxi operator and most of his early customers were miners or
prospectors. He became interested in the Pebble Mine, primarily
to figure out how to make it work. He concluded that it would
not work.
MR. HALFORD shared that his perspective as a legislator, that it
was always possible to maximize the use of resources in conflict
with hard active management, to spend the money, and do the
projects. However, he concluded that perspective did not work
with the proposed Pebble Mine. In the process of listening to
the scientists he learned a lot.
MR. HALFORD remarked that salmon are one of the greatest
miracles on earth. All over the earth nutrients of the land
wash into the water, over-energizing the water and destroying
land. Only salmon are different because they defy gravity.
Salmon about the size of a little finger start the journey -
sometimes 1,000 miles upstream and return bringing along 30
pounds of protein to feed life from tiny microorganisms to large
brown bears. He characterized salmon as "the very soul of
Alaska." He said, "All of the science that can put a man on the
moon is not smart enough to replace 1,000 generations of natural
selection ...." Even listening to the best of the scientists,
even when we think we know the variables, scientists will add
another variable, acknowledging they do not know everything. He
said, "So salmon are magic. That's the only way I can think of
describing it. It is absolutely one of the most important
things we can fight for and the definition of who we are and
where we are."
12:39:00 PM
REPRESENTATIVE KREISS-TOMKINS asked what the legislature
contemplated on Title 16 salmon habitat [provisions].
MR. HALFORD responded by stating the late Mr. Eliason was a
great friend and he taught him some good lessons. He was
fortunate to serve with some phenomenal people. He served as
the majority leader when the late Mr. Eliason was Senate
President, he said. He described some lessons he learned,
recalled his first lesson in the House was over a herring-
stripping ban argument. At the time he was a Republican from an
urban area and the late Mr. Eliason was from rural Sitka. Mr.
Eliason was trying to get votes and the industry was urging
members not to do it for economic reasons. He opposed the bill
which extended the bill for one or two years.
MR. HALFORD reminisced, recalling that the late Mr. Eliason told
him the industry would be back in a year or two with the same
arguments; that they would never act unless the legislature
forced them to do so. "He was right," he said. Two years later
the legislature managed to break up the group. He recalled
another case related to the presumption of anadromous waters.
While scientists can describe water chemistry, nothing was as
direct as "a picture of an empty lake with a bunch of dead fish
on the bottom. You have to have quantity before it matters what
the quality is." He wished he had sided with the late Mr.
Eliason in 1990 on legislation affecting anadromous waters. He
commended the late Mr. Eliason.
12:41:28 PM
MR. HALFORD further reminisced, stating that he had the
opportunity to learn from numerous people during his time as a
legislator. He remarked that state legislatures were
incubators, offering legislators opportunities to think about
things, where individual legislators could pick a topic and
concentrate on it. The executive branch must work on everything
every day, which was much harder, he said. He concluded by
stating that HB 199 was a good bill.
12:42:23 PM
TIMOTHY WONHOLA SR. said he was born in Dillingham and he has
always depended on fish. He would like to pass salmon down to
younger generations, noting that destroying salmon would also
destroy his culture. He stated the animals and fish depend on
clean water. He offered his belief that the Pebble Mine would
destroy everything in its path and the proposed location for the
Pebble Mine was the wrong place to put a mine. He said he does
not want the mine. The clean water makes it possible for
salmon, he said. He offered his support for HB 199 stating that
the bill will help the three cultures in the region who would be
affected: the Athabascan, Inupiat, and Aleut cultures. These
cultures depend on clean water and fish to put up to survive the
winters. In closing, he reiterated his support for HB 199.
12:46:21 PM
The committee took a brief at-ease.
12:46:51 PM
CHAIR STUTES announced that HB 199 would be held over.
12:47:15 PM#
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 12:47
p.m.
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