Legislature(2017 - 2018)BARNES 124

04/09/2018 06:30 PM FISHERIES

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Audio Topic
06:32:37 PM Start
06:32:39 PM HB199
08:31:25 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
-- Location Change --
+= HB 199 FISH/WILDLIFE HABITAT PROTECTION; PERMITS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 199-FISH/WILDLIFE HABITAT PROTECTION; PERMITS                                                                    
                                                                                                                                
6:32:39 PM                                                                                                                    
                                                                                                                                
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.]                                                                            
                                                                                                                                
CHAIR STUTES continued public testimony on HB 199.                                                                              
                                                                                                                                
6:33:34 PM                                                                                                                    
                                                                                                                                
HOWARD MOZEN  said he was  a schoolteacher but also  a commercial                                                               
fisherman  in Bristol  Bay.   He strongly  supported that  salmon                                                               
should be  protected in  Alaska.   Since it  was not  possible to                                                               
control  the ocean  waters, the  state  would be  well served  to                                                               
protect  fish  habitat in  fresh  water  streams.   He  spoke  in                                                               
support of HB  199.  His family and friends  enjoy Alaska because                                                               
of the fish, including the areas they live in and for food.                                                                     
                                                                                                                                
6:35:10 PM                                                                                                                    
                                                                                                                                
GRANT  FAIRBANKS  stated  he was  a  45-year-resident  of  Alaska                                                               
living on  the Kuskokwim River.   He has been involved  in salmon                                                               
issues most  of his life  and has submitted proposals  before the                                                               
Board of  Fisheries (BOF).   The  BOF voted 7-0  in favor  of his                                                               
proposal  for a  Tier II  permit system  for king  salmon on  the                                                               
Kuskokwim River due to the drastic  decline in the watershed.  He                                                               
stated that HB 199 was introduced  by a petition signed by 40,000                                                               
Alaskans  who believe  the present  laws that  permit large-scale                                                               
mining projects do  not adequately protect salmon  streams in the                                                               
spawning areas.   Alaska has some of the last  wild salmon stocks                                                               
in  the  United States  and  current  statutes  and laws  do  not                                                               
properly  protect the  water quality,  in-stream flow  levels and                                                               
fish  passage needed  to support  the sustainability  of Alaska's                                                               
salmon.                                                                                                                         
                                                                                                                                
6:36:22 PM                                                                                                                    
                                                                                                                                
MR.  FAIRBANKS emphasized  promoting  responsible development  by                                                               
requiring  projects must  avoid  or minimize  adverse impacts  to                                                               
fish habitat.   Under current law, the Alaska  Department of Fish                                                               
&  Game  (ADF&G)  does  not  have the  authority  to  say  no  to                                                               
irresponsible  projects; however,  Alaskans need  its legislators                                                               
and state  government to create  accountability to  ensure salmon                                                               
habitat is not sacrificed when  large projects are developed.  He                                                               
remarked:                                                                                                                       
                                                                                                                                
     Here  in the  Kuskokwim  we are  now  watching a  large                                                                    
     Canadian   mining  company   in  the   final  days   of                                                                    
     permitting possibly  being allowed to mine  on a salmon                                                                    
     stream to  the extent that  during times the  mine will                                                                    
     curtail the stream flow in winter.                                                                                         
                                                                                                                                
MR.  FAIRBANKS reminded  members  that  40,000 Alaskans  fostered                                                               
this  bill  [by  signing  the ballot  initiative]  due  to  their                                                               
concern  about improper  development on  or near  salmon streams.                                                               
He cautioned  that these  Alaskans watch  with great  interest as                                                               
some legislators  appear to work  to "water  down" the bill.   He                                                               
offered his  belief that  true Alaskans  would support  salmon in                                                               
this  legislation;   that  the  public  will   note  and  support                                                               
legislators who value salmon over  projects and corporations that                                                               
do not value salmon habitat.                                                                                                    
                                                                                                                                
6:37:55 PM                                                                                                                    
                                                                                                                                
DAVE CANNON stated that he worked  as a fish biologist, has lived                                                               
in Aniak  for 20 years  and previously  lived in Bethel  for four                                                               
years.   He previously worked for  the US Forest Service  and the                                                               
US Fish & Wildlife service in  the Lower 48 in Wyoming and Idaho.                                                               
He  characterized   his  experience  under  the   Threatened  and                                                               
Endangered  Species Act  in the  1990s as  "combat biology."   He                                                               
remarked that death  threats were not uncommon  during that time,                                                               
while biologists tried  to save the few remaining  wild salmon in                                                               
the  Salmon  River.    At   the  time  an  estimated  16  million                                                               
anadromous  fish went  up the  Columbia River  annually; however,                                                               
wild fish now comprised only 20 percent  of the run.  Even in the                                                               
best years  less than  600,000 wild fish  return to  the Columbia                                                               
River, which he said was tremendously sad.                                                                                      
                                                                                                                                
MR.  CANNON said  he was  originally from  Pennsylvania. Atlantic                                                               
salmon  are  now only  found  in  a  pittance of  their  original                                                               
habitat.  He  cautioned that a substantial  downturn has occurred                                                               
in the  Kuskokwim king  salmon numbers  although he  believed the                                                               
fish habitat  was currently intact.   Throughout the  state major                                                               
development  projects have  been proposed  that would  negatively                                                               
affect salmon  and other fish, including  the Susitna-Watana Dam,                                                               
Pebble  Mine,  and  Chuitna  Mine.     Without  rigorous  habitat                                                               
measures  it would  be foolish  to  think that  Alaska would  not                                                               
experience  the   "death  by  1,000   cuts"  that   has  happened                                                               
elsewhere.                                                                                                                      
                                                                                                                                
6:40:48 PM                                                                                                                    
                                                                                                                                
JASMINE  IEREMIA,  Student,  said  she  was  17-years-old.    She                                                               
offered her belief  that HB 199 would help  protect salmon rights                                                               
and health for the  future.  She has been on  boats since she was                                                               
12-years-old  and  worked  on  a  seine  vessel  at  14-years-old                                                               
tendering crab, continuing  on to fish for Dungeness  crab and on                                                               
a  seiner, seining  for salmon.   Her  parents met  in Petersburg                                                               
working  at  the  cannery  and  eventually  went  on  to  seining                                                               
together.   They  got married  on the  fishing vessel  (F/V) Rose                                                               
Woody,  which  was still  a  working  fishing  boat today.    She                                                               
remarked that salmon is in every way  a huge part of her life and                                                               
she does not want to imagine her life without salmon.                                                                           
                                                                                                                                
MS.  IEREMIA highlighted  that salmon  was  a renewable  resource                                                               
used by Alaskans  throughout the state for food, a  way to earn a                                                               
living, and  a way of  life.  The value  of salmon in  Alaska was                                                               
immeasurable,  so   she  asked  legislators  to   hold  companies                                                               
accountable for  the damage  they have  dealt to  Alaska's waters                                                               
and to put a  stop to similar issues in the future.   It has been                                                               
nearly 60  years since  the [permitting  process under  Title 16]                                                               
for salmon  habitat has been  updated.   The world around  us has                                                               
vastly changed.   She did not see a future  for small communities                                                               
like hers without  viable and returning salmon  populations.  She                                                               
would like  to be able to  share her lifestyle with  her children                                                               
and allow  them to  appreciate one of  the most  beautiful places                                                               
she has ever seen.  This  bill would help protect Alaska's waters                                                               
for her  children, her grandchildren, and  all future generations                                                               
of Alaskans.   She thanked the committee for its  work to protect                                                               
Alaska's waters, fish and culture.                                                                                              
                                                                                                                                
6:42:50 PM                                                                                                                    
                                                                                                                                
ALYSHYA QUINEYNE  voiced her support for  HB 199.  She  wanted to                                                               
elevate  the issue  in the  Fairbanks and  Interior Alaska  area.                                                               
She  offered her  belief  that  this bill  would  provide a  step                                                               
towards   clear  engagement,   stronger   protection,  and   more                                                               
responsibility,   including   fiscal,   political,   and   social                                                               
responsibility.   She  supported giving  agencies such  as ADF&G,                                                               
better guidance  and direction when surveying  anadromous streams                                                               
and in engaging  with communities statewide.   She suggested that                                                               
resources in  some communities  have not  been protected  in some                                                               
instances.   She  would like  to see  consistency in  efficiency,                                                               
responsibility,   and  community   engagement  happen   in  every                                                               
instance.   With some  work this bill  could absolutely  do that,                                                               
she said.  She thanked the committee for its work on HB 199.                                                                    
                                                                                                                                
6:45:02 PM                                                                                                                    
                                                                                                                                
JODE SPARKS, Student, Soldotna High  School, said he was a senior                                                               
at Soldotna  High School;  that he resides  in Sterling,  and has                                                               
served  as a  student  ambassador with  the  Soldotna Chamber  of                                                               
Commerce.   He  wanted to  testify today  due to  his desire  for                                                               
stronger protections for  salmon habitat.  The  revised bill does                                                               
not provide  strong enough  feedback for  natural resources.   He                                                               
stated that  he has  helped on  the salmon  initiative, gathering                                                               
about  42,000  Alaskans  statewide  signing  the  petition.    He                                                               
offered his belief  that most Alaskans support  stronger and more                                                               
rigorous  salmon  habitat protection.    He  has learned  at  the                                                               
Soldotna  Chamber  of Commerce  about  economic  drivers for  his                                                               
town.  In  fact, the Kenai River runs right  through town and the                                                               
City  of  Soldotna  holds  a  "river  festival"  in  the  summer.                                                               
Soldotna and the  Kenai Peninsula in general rely  on tourism, he                                                               
said.   According  to the  Kenai  Economic Development  district,                                                               
260,000  tourists   visited  the  Kenai  River   in  2016,  which                                                               
represents  about four  times the  town's population.   He  noted                                                               
that fishing was  the biggest draw for visitors.   He heard prior                                                               
testifiers talk about  how their lives were  dependent on salmon.                                                               
Even though mines  are miles from his town, he  has felt affected                                                               
by  the  cultural and  economic  health  [of  Bristol Bay].    He                                                               
thanked the  committee for making  certain that salmon  have been                                                               
at the forefront of the political discussion in Alaska.                                                                         
                                                                                                                                
6:47:06 PM                                                                                                                    
                                                                                                                                
MALCOLM VANCE, Commercial Fisherman, spoke  in full support of HB                                                               
199.   He said he has  commercially fished in Bristol  Bay for 37                                                               
years,  from cannery  work  to  owning a  boat  and  permit.   He                                                               
characterized Bristol Bay  as an amazing place that  needed to be                                                               
preserved  for generations  to come.   He  related that  he lives                                                               
more of a  subsistence lifestyle during the winter.   He said the                                                               
state has the ability to protect  these waters, which he felt was                                                               
unprecedented in the  21st century.  He urged members  to pass HB                                                               
199.                                                                                                                            
                                                                                                                                
6:48:27 PM                                                                                                                    
                                                                                                                                
RITA GOODRICH  stated she  was a  third-generation Alaskan.   She                                                               
said that HB  199 in its current form removed  the presumption of                                                               
anadromy from  Alaska's waters, which leaves  the vulnerable fish                                                               
of the state absurdly vulnerable  to mining and development.  She                                                               
said that to  presume Alaska's waters did  not contain anadromous                                                               
fish  and were  not vulnerable  to  development was  to not  know                                                               
Alaska's waters  or the sensitivity  of fish to  the environment.                                                               
She urged  members to restore  the presumption of anadromy  in HB                                                               
199.                                                                                                                            
                                                                                                                                
MS. GOODRICH  told members  that she recently  spent time  at her                                                               
aunt's  farm in  Vermont,  where the  culture  of family  farming                                                               
reminded  her of  the culture  of commercial  fishing in  Alaska.                                                               
She stated that  she loves her Alaska community of  Sitka and she                                                               
wanted  to understand  the farming  history in  Vermont.   In the                                                               
1980s Vermont farmers saw their  property taxes soar and the non-                                                               
profit Rural Vermont was formed,  an organization that went on to                                                               
reform  Vermont's tax  system based  on the  productive value  of                                                               
land rather than  the potential for development.   The victory in                                                               
rural Vermont has  been incredible and farms  have been protected                                                               
legislatively, she  said.  She  emphasized that Alaska  must view                                                               
its  land  and  water  for  the  production  value  and  not  the                                                               
potential development value,  just as Vermont has  done.  Vermont                                                               
has   not  acquiesced   to   industrial   farming,  mining,   and                                                               
development,   subdivisions  of   farmlands,  strip   malls,  and                                                               
billboards.    Alaska cannot  maintain  its  status as  the  last                                                               
bastion of  commercial, sport, and subsistence  salmon fishing on                                                               
earth if Alaska does not do the same.                                                                                           
                                                                                                                                
6:50:53 PM                                                                                                                    
                                                                                                                                
ERIC  JORDAN, Owner,  I Gotta  Salmon,  stated he  has a  fishing                                                               
business  in  Sitka.    As  a lifelong  Alaskan  he  has  been  a                                                               
commercial  troll  fisherman  since  the  1950s.    He  has  been                                                               
involved  in fishery  politics since  he  was a  child, when  his                                                               
father practiced his  speech in favor of statehood  in the 1950s.                                                               
He has previously served on  the Board of Fisheries and currently                                                               
serves as an elected representative of two fishing groups.                                                                      
                                                                                                                                
MR.  JORDAN  related  that  the State  of  Alaska  was  literally                                                               
founded  to  protect  its salmon  resources  from  the  corporate                                                               
canned salmon interests.   The state has done  remarkably well in                                                               
rebuilding  its  salmon  resource  and  empowering  fishermen  to                                                               
control salmon enhancement  programs.  He emphasized  the need to                                                               
be constantly vigilant and upgrade Alaska's salmon protections.                                                                 
                                                                                                                                
MR. JORDAN said he still  commercial fished salmon, that his sons                                                               
commercially  fish  and  his   grandchildren  are  interested  in                                                               
fishing.    He urged  members  to  update salmon  protections  by                                                               
strengthening this  vital bill for  his future, for his  sons and                                                               
for his grandchildren and future generations.                                                                                   
                                                                                                                                
6:52:31 PM                                                                                                                    
                                                                                                                                
JEREMY PRICE,  Alaska State  Director, Americans  for Prosperity,                                                               
spoke in opposition  to HB 199.  He reminded  members that Alaska                                                               
is a frontier state and  it must build roads, bridges, pipelines,                                                               
and infrastructure  to access  its resources.   He stated  he has                                                               
been working on  these issues in Washington D.C.  for nine years.                                                               
He  cautioned that  Alaska cannot  "put a  shovel in  the ground"                                                               
without  triggering a  full-blown environmental  impact statement                                                               
(EIS).  This comes with  millions of dollars in expenditures from                                                               
the resource  developer for permits,  he said.   He characterized                                                               
HB 199 as  a regulatory nightmare that would only  add to project                                                               
costs.                                                                                                                          
                                                                                                                                
MR.  PRICE offered  his belief  that  any time  a federal  agency                                                               
issued  a  decision  or   determination  that  the  environmental                                                               
community disagrees with it has  resulted in lawsuits.  This type                                                               
of  legislation would  only invite  further litigation  and harms                                                               
Alaskans and  businesses seeking  to develop resources,  he said.                                                               
He  pointed  out  some  costly  projects  waiting  to  be  built,                                                               
including the Knik Arm Bridge,  the Port of Anchorage, and Ambler                                                               
Road.  He  wondered how much more  money it would cost  if HB 199                                                               
were to pass.                                                                                                                   
                                                                                                                                
MR. PRICE pointed to one of  the most egregious things in HB 199,                                                               
which was that  the permit could be rescinded  retroactively.  He                                                               
asked how  the bill provides  protection for the  private sector.                                                               
In closing,  he reiterated his  opposition to  HB 199.   He urged                                                               
members to vote against it.                                                                                                     
                                                                                                                                
6:54:41 PM                                                                                                                    
                                                                                                                                
AUSTIN RICE,  Student, Mt. Edgecumbe  High School, stated  he has                                                               
been  salmon  fishing ever  since  he  could  hold  a pole.    He                                                               
advocated for increasing salmon  management in streams and stated                                                               
its importance.   He emphasized  the importance of salmon  to his                                                               
family  and his  culture;  that he  wanted to  see  salmon to  be                                                               
around for  future generations.   He would  love one day  to show                                                               
his future children  how to fly fish in the  same streams he once                                                               
fished.                                                                                                                         
                                                                                                                                
6:55:42 PM                                                                                                                    
                                                                                                                                
SAM SNYDER said he appreciated  the sponsor's efforts in the past                                                               
two years on this bill.  He  said he was a little disappointed to                                                               
see the  new version was  "watered down" from the  robust attempt                                                               
to  comprehensively update  fish  habitat permitting  laws.   Mr.                                                               
Cannon  effectively  articulated  the adverse  impact  on  salmon                                                               
fisheries in  the Lower 48 and  he cautioned against doing  so in                                                               
Alaska.    He  acknowledged  that the  Americans  for  Prosperity                                                               
expressed  concern over  added project  costs;  however, he  said                                                               
what needed  to be considered  was that the voices  the committee                                                               
has   heard  indicate   that  Alaska's   salmon  fisheries   were                                                               
immeasurably  invaluable   to  the  state.     These  salmon  and                                                               
fisheries provide  jobs, economic benefits, cultural  aspects and                                                               
heritage  to  Alaskans.    He  encouraged the  state  to  take  a                                                               
precautionary  principled approach,  to be  forward thinking  and                                                               
not suddenly  realize that  Alaska was  millions or  trillions of                                                               
dollars in the  hole to restore its fisheries.   He urged members                                                               
to take active measures now  and update Alaska's outdated laws to                                                               
ensure that  Alaska does not go  down the same path  [as those in                                                               
the Lower  48].  He said  appreciated HB 199 and  fully supported                                                               
it; however, he  would like to see critical  pieces reinstated in                                                               
the  bill,  including  public   process,  the  anadromous  waters                                                               
presumption and strengthening the mitigation standards.                                                                         
                                                                                                                                
6:57:45 PM                                                                                                                    
                                                                                                                                
WYCHE FORD, General Manager, Fluor  Alaska, Inc., stated he was a                                                               
40-year resident  of Alaska.  He  spoke in opposition to  HB 199.                                                               
He  characterized it  as a  piece  of legislation  looking for  a                                                               
problem  to  solve.   He  offered  his  belief that  the  current                                                               
regulatory  framework was  adequate  to  protect Alaska's  salmon                                                               
resources and  has stood  up well  over time.   He did  not think                                                               
this  was the  time  for the  state to  put  in place  additional                                                               
bureaucracy  and  cost in  state  government  to oversee  another                                                               
complicated permitting plan.  He  said it sends the wrong message                                                               
to  those outside  the state  looking to  invest in  Alaska.   He                                                               
remarked on  the photograph of  the Trans-Alaska  Pipeline System                                                               
(TAPS),  which [indisc.]  over  800 streams  and  waterways.   He                                                               
noted the regulatory burden required  to build such a pipeline as                                                               
is  currently  being contemplated  with  the  Alaska LNG  project                                                               
[Alaska Liquefied Natural Gas] project.   He said this would send                                                               
the wrong  message to outside  investors the state would  like to                                                               
attract  to make  the  project  possible.   He  urged members  to                                                               
consider  the current  system was  adequate  to protect  Alaska's                                                               
valuable salmon resource.                                                                                                       
                                                                                                                                
6:59:12 PM                                                                                                                    
                                                                                                                                
CHRISTINE WOLL provided  a brief personal history,  such that she                                                               
works as a  fish biologist, holds a master's  degree in Fisheries                                                               
from the University  of Alaska Fairbanks (UAF), and  has lived in                                                               
Alaska  since 2009.    She stated  she  has conducted  biological                                                               
field  work  on  small  headwater   streams  on  salmon  systems,                                                               
spending  five summers  sampling  pristine salmon  steams on  the                                                               
Tokiak, Nushagak, and Kvichak watersheds  in Bristol Bay and four                                                               
summers on Prince of Wales  Island watersheds.  When people think                                                               
about Alaska's  salmon streams, they often  visualize fishing for                                                               
adult  salmon  on  large  rivers;  however,  she  has  spent  the                                                               
majority  of her  work  on tiny,  wadable  streams, sometimes  as                                                               
narrow as a meter across sampling  for juvenile Coho salmon.  She                                                               
estimated  she has  sampled on  over 300  miles of  varied salmon                                                               
habitat,  including beaver  ponds,  glacier  streams and  streams                                                               
coming  right off  the  mountainside.   She  remarked  that if  a                                                               
stream  was  wet,  connected  to   the  ocean  and  not  above  a                                                               
waterfall, it has baby salmon in it.                                                                                            
                                                                                                                                
MS. WOLL stated that on Prince  of Wales Island she saw firsthand                                                               
how historic  logging practices and  building roads  has impacted                                                               
these same  types of streams.   While many still have  salmon, it                                                               
was obvious  to the  eye that  streams like  these simply  do not                                                               
produce as many  salmon fry.  She has worked  on projects costing                                                               
millions of dollars,  many of them federal, whose  purpose was to                                                               
add  miles of  streams to  the Anadromous  Waters Catalog  and to                                                               
restore streams to  provide better fish habitat.  This  was not a                                                               
cost-effective  way  to  ensure  that  salmon  streams  have  the                                                               
protection  they need  to provide  all the  benefits that  robust                                                               
salmon  populations provide  our society,  she said.   She  urged                                                               
members  to continue  the efforts  to ensure  that Alaska's  fish                                                               
habitat  decision-making processes  were being  based on  science                                                               
and allow  for adequate habitat  protections for all of  the tiny                                                               
streams that she promised have fish in them.                                                                                    
                                                                                                                                
7:01:38 PM                                                                                                                    
                                                                                                                                
KEVIN  DURLING  stated  that  the   systems  in  place  with  the                                                               
Department   of   Natural   Resources,   Alaska   Department   of                                                               
Environmental  Conservation, and  other state  agencies have  the                                                               
strength to support  good water quality and  to maintain Alaska's                                                               
fisheries  in  a solid  basis  going  forward.   He  related  his                                                               
understanding that the bill would  add costs to any projects, not                                                               
just big  projects, but small  subdivisions in  Anchorage, Kenai,                                                               
or Soldotna.   He  suggested that  Alaska needed  to specifically                                                               
identify  protection  it  was attempting  to  provide  and  amend                                                               
current regulations  to protect salmon  rather than to  undergo a                                                               
comprehensive  rewrite  that  would overregulate  a  system  that                                                               
seemed to be working quite well.                                                                                                
                                                                                                                                
7:03:07 PM                                                                                                                    
                                                                                                                                
REBECCA  LOGAN, Chief  Executive  Officer  (CEO), Alaska  Support                                                               
Industry  Alliance (The  Alliance), spoke  on behalf  of the  500                                                               
members and  25,000 employees represented  by the Alliance.   She                                                               
highlighted reasons for  the opposition, first, that  it does not                                                               
achieve the stated  goals of the sponsor statement,  which was to                                                               
create   efficiency   and   predictability  in   permitting   and                                                               
enforcement.   She  offered  her belief  that  the committee  has                                                               
heard overwhelmingly  from the business community  that they were                                                               
concerned it did the exact opposite.                                                                                            
                                                                                                                                
MS.  LOGAN   said  secondly,  the  bill   would  have  unintended                                                               
consequences,  such as  ones  expressed in  the  letter from  the                                                               
Alaska   Power  Authority,   who  have   concerns  about   future                                                               
hydroelectric projects  and ones already permitted  that could be                                                               
affected  by retroactivity.   She  said such  retroactivity could                                                               
adversely  affect ratepayers  at a  time when  the state  faced a                                                               
recession.    Third, she  highlighted  the  potential effects  on                                                               
Alaska's  economy, when  Alaska has  the highest  unemployment in                                                               
the  nation and  has  lost  thousands of  the  best  jobs due  to                                                               
uncertainly in  the permitting  process and  development process.                                                               
She said  delay leads  to no  jobs.  In  closing, she  stated for                                                               
those reasons and many more, the Alliance opposed HB 199.                                                                       
                                                                                                                                
7:04:58 PM                                                                                                                    
                                                                                                                                
THOMAS  EMERSON,  Commercial  Fisherman,  stated he  grew  up  in                                                               
Juneau  and   works  as  a  third-generation   commercial  salmon                                                               
troller.  He related that since  he bought a boat three years ago                                                               
his  livelihood  has forevermore  been  tied  to the  future  and                                                               
health  of salmon  stocks.   He  hoped the  opportunities he  has                                                               
experienced as a  commercial fisherman will continue  to be there                                                               
for him  going forward  and for  others who  might follow  in his                                                               
footsteps.  He  remarked that he and his  crewmembers often opine                                                               
about what lucky farmers they  are with this self-planting field;                                                               
that all  they needed to  do was  to harvest responsibly  to keep                                                               
reaping the salmon rewards.                                                                                                     
                                                                                                                                
MR. EMERSON  offered his belief  that HB 199  was a good  step in                                                               
that direction,  in fact, he  would go  even further to  say that                                                               
some  of  the protections  outlined  in  the [Stand  for  Salmon]                                                               
ballot measure  would be appropriate to  add.  Alaska has  a deep                                                               
societal  interest in  guarding  against  profit maximization  of                                                               
private  developers in  order to  protect  this public  resource.                                                               
This bill  would be  good to  ensure that  fish resource  will be                                                               
here for generations to come, he said.                                                                                          
                                                                                                                                
7:06:35 PM                                                                                                                    
                                                                                                                                
MALENA MARVIN,  Co-Owner, School House Fish  Company, stated that                                                               
she and  her fianc? run the  business and he has  participated in                                                               
fisheries  as   a  commercial   salmon  troller   and  commercial                                                               
longliner, as well  as having participated in  the commercial sea                                                               
cucumber guide  fishery and  herring roe on  kelp fishery.   Like                                                               
people in  Petersburg, his family  also depended on  clean water,                                                               
salmon,  and  other fish  species  to  make  their living.    She                                                               
pointed out  that Ms.  Logan stated  that the  business community                                                               
was not  in favor of the  bill; however, as a  business owner she                                                               
differed with that opinion.  She  offered her belief that she was                                                               
one  of hundreds,  perhaps  thousands,  of fish-based  businesses                                                               
that  support  HB 199.    She  agreed  with some  testifiers  who                                                               
supported adding language  back into the bill.   She related that                                                               
she  personally  collected  150 signatures  for  the  [Stand  for                                                               
Salmon] ballot initiative  in Petersburg.  She  found people were                                                               
overwhelmingly supportive  of the measure,  spanning conservative                                                               
and  liberal  political  views  and   all  walks  of  life.    In                                                               
particular, people who  moved to Alaska from  places where salmon                                                               
were extinct hold  especially strong convictions, she  said.  She                                                               
recalled  that  Jeremy Price  talked  about  development and  big                                                               
projects.   She  would like  to  see Alaskans  develop a  win-win                                                               
attitude and  alter - a  little bit  - how development  occurs in                                                               
areas with salmon  habitat and keep salmon in mind.   She offered                                                               
her belief it was possible to  keep people working in the trades;                                                               
that Alaska  should not pit  its industries against  one another.                                                               
She said  that HB  199 could  help support us  in doing  that and                                                               
Alaskans should work together and make  it work.  In closing, she                                                               
reiterated her support for HB 199.                                                                                              
                                                                                                                                
7:08:58 PM                                                                                                                    
                                                                                                                                
CLAIRE  SANCHEZ  stated she  works  for  4-H.   She  thanked  the                                                               
committee for giving  Alaskans a voice in  the permitting process                                                               
in HB 199 and for its  work to protect Alaska's salmon for future                                                               
generations.   She  remarked that  salmon has  been tied  to this                                                               
land for  thousands of years,  which has been essential  to local                                                               
culture, vital to the community,  provided sustenance, and it has                                                               
supported  the  economy.    Living in  a  fishing  community  has                                                               
allowed  Sitka  to  create  the lunch  program  called  "Fish  to                                                               
Schools," where  local fishermen  donate salmon to  feed students                                                               
in  the Sitka  School  District.   She  offered  her belief  that                                                               
Alaska  needs strong  state laws  to  put Alaskans  in charge  of                                                               
sustaining  its thriving  salmon economy  and a  way of  life for                                                               
present and future generations.                                                                                                 
                                                                                                                                
7:10:03 PM                                                                                                                    
                                                                                                                                
NELLI WILLIAMS,  Director, Alaska Program, Trout  Unlimited (TU),                                                               
stated  that she  was  the mother  of two  Alaskans  and an  avid                                                               
angler.  As director of  the Trout Unlimited, Alaska Program, she                                                               
spoke on  behalf of more  than a 1,000 sportsmen  and sportswomen                                                               
across  Alaska.  She thanked  the  Chair  for  her work  on  this                                                               
difficult conversation.   Protecting  fish habitat does  not just                                                               
help  fish   but  it  has   supported  businesses   and  families                                                               
throughout Alaska  that depend on  salmon, trout, and  other fish                                                               
for fun, food, and income.                                                                                                      
                                                                                                                                
MS. WILLIAMS  referenced the Trout  Unlimited letter of  April 4,                                                               
2018,  signed  by  20  businesses,  that  she  submitted  to  the                                                               
committee.   She  reported  that in  the  sport fishing  industry                                                               
alone,  salmon  and  fishing opportunities  has  supported  1,500                                                               
businesses and  nearly 2,500 Alaska resident  fishing guides, not                                                               
including  the  auxiliary  businesses   that  benefit  from  this                                                               
industry throughout Alaska.   She related that  tourism creates a                                                               
$4.8 billion  industry in  Alaska and  is responsible  for 43,000                                                               
jobs.  She  said protecting fish habitat was  deeply personal and                                                               
for her, like many Alaskans, some  of the best made memories have                                                               
been  made  on  a river  bank  or  gravel  bar.   She  related  a                                                               
scenario, that two years ago  her son Nathan, as a four-year-old,                                                               
pulled in a  giant sockeye salmon on his  "Spiderman" fishing rod                                                               
and although it  was hard, he pulled  it in all by  himself.  Two                                                               
years later,  when they are on  the river and pass  by the gravel                                                               
bar, he  will always remark  about catching his favorite  fish at                                                               
that spot.   She  showed the  committee a  drawing her  son made,                                                               
which he titled "Alaska is Where  you Help Salmon."  She does not                                                               
want Nathan's  generation to  look back  on 2018  as a  time when                                                               
Alaska  decided to  "throw salmon  under the  bus" in  pursuit of                                                               
short-term  gains.   Notably, the  Pebble  Mine has  been one  of                                                               
those  decisions  Alaska still  faces,  but  right now  the  fish                                                               
habitat laws are "nothing but  a straw house that could crumble."                                                               
In closing, she acknowledged that  Alaska needs mines, roads, and                                                               
other  resource development;  however,  Alaska does  not need  to                                                               
operate under  a law  that functionally  says that  mines, roads,                                                               
and other resource development is all Alaska needs.                                                                             
                                                                                                                                
7:13:20 PM                                                                                                                    
                                                                                                                                
ALANNAH HURLEY,  Commercial Fisherman, provided a  brief personal                                                               
history, stating  that she was a  Yupik woman born and  raised at                                                               
Clark's Point  in Bristol Bay.   She  has worked as  a commercial                                                               
setnet fisherman  for the  last 22  years as  a fourth-generation                                                               
commercial setnetter.   She commented that  her great-grandmother                                                               
moved to Dillingham  from the Y-K Delta  [Yukon-Kuskokwim] at the                                                               
birth of  the commercial fishery  in Bristol  Bay.  She  spoke in                                                               
full support of  strengthening salmon protection.   She said that                                                               
Alaskans  were  living the  reality  of  the necessity  for  this                                                               
update [to  Title 16].   She characterized  the Pebble Mine  as a                                                               
mining project that  has loomed over Bristol Bay  and held people                                                               
hostage  for over  a decade.   Now  the federal  permit has  been                                                               
fast-tracked and if the permit is  processed by the US Army Corps                                                               
of  Engineers (USACE)  published  timeline,  [it would  adversely                                                               
impact Bristol  Bay].  She brought  up the mine to  highlight the                                                               
need for  HB 199,  which would  provide increased  protection for                                                               
salmon.   She reiterated the  need to  update the law  to protect                                                               
salmon habitat.                                                                                                                 
                                                                                                                                
MS. HURLEY  echoed earlier remarks  that requested  the committee                                                               
return the  bill to its pervious  robust language.  She  said the                                                               
future of  the last  and greatest sockeye  salmon run  depends on                                                               
work like this.   Without Alaskans and for  legislators taking on                                                               
this responsibility it  was scary to think  about Alaska's future                                                               
without salmon.   In  closing, she  spoke in  full support  of HB                                                               
199.                                                                                                                            
                                                                                                                                
7:16:05 PM                                                                                                                    
                                                                                                                                
DAVID  LISI,  Fishing  Guide,  stated  he  has  a  fishing  guide                                                               
business in Cooper Landing.   He stated [HB 199] offered Alaskans                                                               
a great  opportunity to be heard.   He marveled at  the number of                                                               
signatures that have  been gathered in support  of something that                                                               
most Alaskans  are in favor of:   protecting salmon habitat.   He                                                               
recalled that Cripple  Creek king salmon have  pretty much become                                                               
extinct  because  of development  on  the  creek.   He  spoke  in                                                               
support of the updates to  salmon habitat protection [in HB 199],                                                               
which he believed were long overdue.   It was more important than                                                               
ever, considering that corporations  have spent nearly $1 million                                                               
to oppose  the bill.  In  fact, the opposition has  put interests                                                               
of  foreign and  non-Alaskan business  profits over  Alaskans and                                                               
the  state  would be  saddled  with  the  cost of  restoring  its                                                               
fisheries --  over corporations  that have  pretty much  left the                                                               
state  with profits.    He wondered  why  the business  community                                                               
would  be opposed  the bill.    He cautioned  that the  [business                                                               
community] would be held accountable  for damaging salmon streams                                                               
and  not just  strip  the state  of profits  and  resources.   He                                                               
offered his belief was not  very prudent to rush projects through                                                               
during  a  time  with  high unemployment  rates  and  a  sluggish                                                               
economy.  He thought [development  projects] were foolish reasons                                                               
to oppose  the bill.   That opposition strengthens  his rationale                                                               
for supporting the  bill since seemed that a  lot of corporations                                                               
were in opposition  to HB 199 for quick profits.   In closing, he                                                               
spoke in support of the bill.                                                                                                   
                                                                                                                                
7:18:27 PM                                                                                                                    
                                                                                                                                
ANNA  GODDUHN spoke  in  support of  HB 199.    She joined  prior                                                               
testifiers  who  stated that  protections  for  salmon were  long                                                               
overdue.   She characterized Washington  D.C. as being an  out of                                                               
control  railroad, such  that Alaska  needed to  develop its  own                                                               
rules,  so  it has  something  to  say  when projects  are  being                                                               
imposed from  [the Lower 48.]   She remarked that it  stunned her                                                               
that there were no requirements  to minimize adverse effects from                                                               
any development  project.   It seemed like  the easiest  place to                                                               
start.   She said she  thought it  was very unfortunate  that the                                                               
proposed  committee  substitute  (CS)  for  HB  199  [Version  M]                                                               
removed  that  language; but  she  understood  that it  might  be                                                               
necessary.    She   acknowledged  that  she  did   not  know  the                                                               
legislators' job well enough to know.   She urged members to take                                                               
the strongest measures possible because  this is not about money,                                                               
but about  food on  the table  for tens  of thousands  of Alaskan                                                               
families.                                                                                                                       
                                                                                                                                
7:20:19 PM                                                                                                                    
                                                                                                                                
JONATHAN WOOD offered his belief  that it was essential the state                                                               
protect our  wild salmon fisheries,  which would not  be possible                                                               
unless the current laws are updated.   He offered his belief that                                                               
HB 199 was an attempt to do so,  but he did not think [Version M]                                                               
goes  nearly far  enough.   Public  participation throughout  the                                                               
permitting process  and a simplified  two-tier system  were steps                                                               
in  the right  direction,  but  more should  be  done.   Alaskans                                                               
deserve  a  strong  state  law  that  demands  accountability  in                                                               
development projects and does not  sacrifice vital salmon habitat                                                               
to short sighted and irresponsible development.                                                                                 
                                                                                                                                
7:21:22 PM                                                                                                                    
                                                                                                                                
JOE SCHLINGER  spoke in  opposition to  HB 199.   He  offered his                                                               
belief  that Alaska  needed  to  be "open  for  business" in  the                                                               
stated  and this  bill would  kill any  resource development  for                                                               
mining gold  and other minerals.   Although  he was not  a mining                                                               
expert, he knew for a fact  that the $150 million project at Port                                                               
MacKenzie has  been idle  for ten  years awaiting  shipping coal,                                                               
gold, and  other resources  to the  port.   He lamented  that the                                                               
legislature has done nothing to move this project forward.                                                                      
                                                                                                                                
7:22:48 PM                                                                                                                    
                                                                                                                                
REBECCA  KNIGHT, as  a 43-year-resident  of Petersburg,  said she                                                               
began [commercial]  salmon fishing  with her husband  forty years                                                               
ago.    Her  family's  livelihood  still  depended  upon  salmon,                                                               
including her  two sons  who were essentially  raised on  a boat.                                                               
She expressed  concern for her  two grandchildren's future.   She                                                               
offered her belief  that intact salmon habitat  was Alaska's most                                                               
important resource.   She  spoke in  support of  HB 199  with the                                                               
caveat that  the proof of  anadromy clause should  be reinserted.                                                               
Not  only  were Alaska's  streams  important,  but the  class  IV                                                               
headwaters  also needed  protection.   She  explained that  these                                                               
headwaters  contribute to  salmon livelihood.   She  related that                                                               
the  commercial  fishing  industry was  going  through  difficult                                                               
times.   She recalled earlier  testimony by a salmon  troller who                                                               
said  things were  looking  bad.   "People  are  starting to  get                                                               
worried,"  she  said.    With respect  to  uncertainty  in  other                                                               
industries,  she attested  to the  uncertainty commercial  salmon                                                               
fisherman  face  right  now.    Knowing  that  habitat  would  be                                                               
protected was very important.   As a retired Alaska Department of                                                               
Fish  &  Game  (ADF&G)  employee, she  offered  her  belief  that                                                               
politics played a  major role in decision making  in the strength                                                               
of enforcement for salmon habitat protections.                                                                                  
                                                                                                                                
7:25:01 PM                                                                                                                    
                                                                                                                                
MIKE MANN, Commercial  Fisherman, stated his support  for HB 199.                                                               
In response to those  who said that HB 199 was  not ideal, and it                                                               
would adversely  affect the economy,  he said the  "bad habitats"                                                               
were  responsible  and  the economy  would  continue  to  suffer.                                                               
During  the  time  he  began  fishing with  his  uncles  in  1953                                                               
commercial  fish and  the  salmon industry  was  big business  in                                                               
Alaska.   He stressed  the importance  to assure  that commercial                                                               
salmon fishing would  continue.  During that time  Alaska did not                                                               
have the  numbers of  people it  does today,  and it  seemed that                                                               
reason  people came  to Alaska  was to  enjoy salmon  fishing and                                                               
salmon  numbers   increased  with  the  state's   salmon  habitat                                                               
protections.  In  recent times, more people have  been willing to                                                               
reduce  the  salmon   industry.    Salmon  was   the  reason  for                                                               
statehood.  In the 1960s fishermen  were taxed more.  In closing,                                                               
he offered his support for HB 199 to help Alaska.                                                                               
                                                                                                                                
7:28:49 PM                                                                                                                    
                                                                                                                                
JIM SYKES, speaking on behalf of  himself, said he also serves on                                                               
the  Mat-Su Borough  Assembly  and the  Mat-Su  Borough Fish  and                                                               
Wildlife Commission.   He  offered his  support for  HB 199.   He                                                               
offered his belief  that the robust language  should be restored.                                                               
He reported  that 8 of 14  streams in the Mat-Su  were streams of                                                               
concern.   This meant that  these streams were  having difficulty                                                               
in maintaining  sustainability.   Nearly half the  Mat-Su Borough                                                               
consisted of  wetlands, much  of which  drains into  the Susitna-                                                               
Yenta system.   The state  has been working  very hard to  try to                                                               
restore  the system  to the  vibrant,  healthy system  it was  30                                                               
years  ago.   He recalled  that most  people fish  for kings  and                                                               
[sockeye] salmon and  in the fall for [Coho] salmon.   He said if                                                               
the  state was  successful  in restoring  the  salmon habitat  it                                                               
would mean more  fish for commercial fishermen  and dipnetters in                                                               
the [Cook]  Inlet.  He acknowledged  that he and his  wife depend                                                               
on the  personal use  dipnet fishery.   He noted  many testifiers                                                               
discussed  provisions, but  it was  particularly critical  to the                                                               
Mat-Su region  to return to  stable healthy streams.   In closing                                                               
he said, "For us,  salmon is food and salmon is  life and we need                                                               
to  support  that.   I  think  HB 199  is  a  good step  in  that                                                               
direction."                                                                                                                     
                                                                                                                                
7:30:47 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 7:31 p.m. to 8:14 p.m.                                                                       
                                                                                                                                
8:14:45 PM                                                                                                                    
                                                                                                                                
BENJAMIN TIMBY  stated he has  lived in Alaska since  he finished                                                               
high  school in  Colorado.   He has  been commercial  fishing and                                                               
working construction for the past ten  years.  He moved to Alaska                                                               
because of  the pristine wilderness, clean  water and subsistence                                                               
lifestyle.   He appreciated the  things that were central  to all                                                               
Alaskans while still understanding the  needs of industry and the                                                               
pressures of  that.  He  offered his belief  that it was  time to                                                               
update   Alaska's   outdated    enforcement   and   environmental                                                               
safeguards.   He  pointed  out  several environmental  disasters,                                                               
including the Mount Polley mine  disaster and the Tulsequah River                                                               
mining metals  leaching into the  Taku River.  He  cautioned that                                                               
if  Pebble  Mine  were  to  happen it  could  be  disastrous  and                                                               
irreparable  [to  Bristol  Bay  salmon].   He  acknowledged  that                                                               
mining methods  have changed in the  last 60 years, so  it was an                                                               
appropriate time to update the  [statutes] to make certain Alaska                                                               
does not destroy  its most important resource - "our  way of life                                                               
and our subsistence."                                                                                                           
                                                                                                                                
MR.  TIMBY  stated  that  HB  199  has  weaker  language  and  he                                                               
preferred  the "Stand  for  Salmon"  ballot initiative  language;                                                               
however,  whatever can  be done  to make  progress on  this issue                                                               
would mean a lot to him and many other Alaskans.                                                                                
                                                                                                                                
8:17:00 PM                                                                                                                    
                                                                                                                                
KATIE LLOYD stated she grew up  in the Midwest and loves angling.                                                               
She stated that  coming from Lake Erie she was  aware of what can                                                               
happen without adequate fish habitat  protection.  It was often a                                                               
joke that  people who valued their  lives would not eat  the fish                                                               
from Lake  Erie.   Her family participated  in catch  and release                                                               
fishing.   She recalled the  Cuyahoga River  fire in 1969  due to                                                               
chemical pollution.   She has seen the  [fish habitat] decimation                                                               
in the  Lower 48 and how  careless industry has been  despite the                                                               
promises  industry makes.   As  a lifelong  fisher, she  moved to                                                               
Alaska  three years  ago from  Colorado because  of the  fishing.                                                               
She said  fishing represented a way  of life in Alaska;  it feeds                                                               
her family and  has created valuable jobs across the  state.  She                                                               
offered her  belief that Alaska  was smarter and better  and will                                                               
make  the  right  choice  and   update  Alaska's  salmon  habitat                                                               
protections.   She  did not  want to  have to  tell her  kids how                                                               
Alaskans  once fished  in  pristine  waters but  not  to eat  the                                                               
chemically-laden  fish or  that Bristol  Bay caught  fire due  to                                                               
chemicals.  Instead,  she wanted to be able to  continue this way                                                               
of  life  that has  been  around  for  thousands  of years.    In                                                               
closing, she  said, "Protect  what you love;  and it  will always                                                               
continue to give back."                                                                                                         
                                                                                                                                
8:19:38 PM                                                                                                                    
                                                                                                                                
MATT BOLINE said he works as  a fishing guide who moved to Juneau                                                               
from  Minnesota 14  years  ago.   He also  runs  a small  fishing                                                               
operation, which he  does not own; however, it  provides about 20                                                               
seasonal jobs to locals.   His family subsists on salmon, fishing                                                               
and enjoying  the wilderness  when they  can, he  said.   He said                                                               
that  having  a  healthy  salmon habitat  throughout  Alaska  was                                                               
important to him, his family,  his employees, and the guests they                                                               
take out fishing.   Alaskans have shown over  time the importance                                                               
of salmon to them.  He  expressed concern when he reads about how                                                               
corporations,  such   as  British  Petroleum,   have  contributed                                                               
hundreds of thousands  of dollars against the  "Stand for Salmon"                                                               
initiative.   He  offered  his belief  that  the corporation  was                                                               
spreading lies about  who has been collecting  signatures and who                                                               
makes  money  from salmon.    He  pointed  out  that he  and  his                                                               
employees were locals,  the money they earn stays  in Alaska, the                                                               
salmon stays in the freezer and provides food for their dinners.                                                                
                                                                                                                                
8:21:41 PM                                                                                                                    
                                                                                                                                
YEMI KNIGHT  stated she was a  student who would like  to work in                                                               
the field  of conservation.   As someone who was  originally from                                                               
Barbados,  she offered  an international  perspective, which  was                                                               
that when  people think about  Alaska it was  synonymously linked                                                               
to  salmon.   She expressed  concern  that some  people were  not                                                               
taking  the value  of salmon  seriously.   She  viewed salmon  as                                                               
intrinsically important, noting it  has helped stabilize Alaska's                                                               
economy.   She  said salmon  was really  important to  her.   She                                                               
thanked  the  committee for  helping  protect  salmon for  future                                                               
generations.                                                                                                                    
                                                                                                                                
8:23:09 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:23 p.m. to 8:29 p.m.                                                                       
                                                                                                                                
8:29:19 PM                                                                                                                    
                                                                                                                                
[HB 199 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB 199 Opposing Document Steve Hickman.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Supporting Document Macky Cassidy.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document IUOE Local 302.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Patrick Walsh.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Joe Warchola.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document BBFA.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Arctic Controls, Inc..pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Chad Schaeler.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Fairweather LLC.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document David Hopkinson.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Coalition.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Fred Braun.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Supporting Docuement Harvey Goodell.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Rick Fox.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Opposing Document Sally Marinucci.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Oppossing Document AFA .pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Supporting Document Christine Resler.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Supporting Document Keith Nyitray.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Supporting Document Rob Lund.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Supporting Document Sport Fishing Businesses.pdf HFSH 4/9/2018 6:30:00 PM
HB 199
HB 199 Supporting Document Stortz-Allen Combined.pdf HFSH 4/9/2018 6:30:00 PM
HB 199