Legislature(2001 - 2002)

03/06/2002 01:14 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 208-AQUATIC FARMS FOR SHELLFISH                                                                                            
                                                                                                                                
CO-CHAIR SCALZI announced the final  matter before the committee,                                                               
HOUSE  BILL NO.  208,  "An  Act relating  to  aquatic farming  of                                                               
shellfish; and providing for an effective date."                                                                                
                                                                                                                                
REPRESENTATIVE  GREEN  made  a   motion  to  adopt  the  proposed                                                               
committee  substitute   (CS),  version   22-LS0763\P,  Utermohle,                                                               
3/5/02,  as the  working  document.   There  being no  objection,                                                               
Version P was before the committee.                                                                                             
                                                                                                                                
Number 2820                                                                                                                     
                                                                                                                                
STEPHEN   LaCROIX,   Aquatic   Farm  Applicant,   testified   via                                                               
teleconference, extending  his support to  the "basic bill."   He                                                               
pointed out  that in the year  since the bill was  first crafted,                                                               
leases for farm sites had been extended to ten years.                                                                           
                                                                                                                                
Number 2874                                                                                                                     
                                                                                                                                
BOB  LOEFFLER,  Director, Division  of  Mining,  Land and  Water,                                                               
Department of Natural Resources,  testified before the committee.                                                               
He informed  members that the  department was in full  support of                                                               
the bill.                                                                                                                       
                                                                                                                                
Number 2904                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS  asked  about   the  ten-year  lease  Mr.                                                               
LaCroix had asked about, and said he did not see it in the bill.                                                                
                                                                                                                                
MR. LOEFFLER said  it was in the original bill,  and the question                                                               
of valuation  is not in  [Version P].  He  said it was  taken out                                                               
because it would be more expensive for the aquaculture growers.                                                                 
                                                                                                                                
Number 2940                                                                                                                     
                                                                                                                                
RODGER PAINTER,  Alaska Shellfish Growers  Association, testified                                                               
before the committee.   He thanked all involved  for working hard                                                               
on the bill.  He pointed to the biggest change in Version P.                                                                    
                                                                                                                                
TAPE 02-15, SIDE B                                                                                                              
Number 2945                                                                                                                     
                                                                                                                                
MR. PAINTER said [the biggest  change] provides for 90 sites that                                                               
may be contained  in a smaller number of areas.   Another change,                                                               
on  line  11,  adds  the word  "potentially"  between  the  words                                                               
"sites"  and  "suitable".    This  is to  clarify  that  not  all                                                               
questions would  be fully answered  and that there would  be more                                                               
permits to  obtain after a  bidder secures the lease  at auction.                                                               
He  pointed  to the  change  on  line 16  and  said  it made  the                                                               
language consistent with existing statutes.                                                                                     
                                                                                                                                
Number 2854                                                                                                                     
                                                                                                                                
ROBERT  HARTLEY,  Alaska  Shellfish Growers  Association  (ASGA),                                                               
testified via teleconference.   He expressed his  support for the                                                               
bill and  told the committee  the bill would solve  many problems                                                               
for shellfish farmers.   He characterized shellfish  farming as a                                                               
remedy to  some of the  economic ills that had  recently befallen                                                               
the  commercial  fishing  industry;  he  said  the  two  dovetail                                                               
nicely.  Noting that Alaskan  aquatic farmers produce some of the                                                               
highest-quality shellfish in  the world, he said  the industry in                                                               
Alaska can barely meet the demand in Anchorage.                                                                                 
                                                                                                                                
Number 2759                                                                                                                     
                                                                                                                                
DOUG MECUM,  Director, Division  of Commercial  Fisheries, Alaska                                                               
Department of  Fish & Game,  testified before the committee.   He                                                               
said  the  bill  is  an  example of  good  government,  with  the                                                               
industry, legislature,  and agencies working together  to develop                                                               
legislation that  will be good for  Alaskans.  He added  that the                                                               
money  is an  issue, and  new sources  of funds  will have  to be                                                               
located to make the program work.                                                                                               
                                                                                                                                
Number 2708                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE asked  what expenses  the department  was                                                               
incurring  prior to  the bill,  when there  was only  the Aquatic                                                               
Farm Act on the books.  She also  asked why there is such a large                                                               
fiscal note for the bill now.                                                                                                   
                                                                                                                                
MR. MECUM responded by saying  the existing program consists of a                                                               
mariculture  coordinator, an  assistant,  and a  small amount  of                                                               
operational funds.  He said  that money had been reprogrammed for                                                               
the assistant position, different from  the year before.  He said                                                               
his  department's   budget  for  the  program   is  approximately                                                               
$200,000.   He characterized  the fiscal  notes from  ADF&G [from                                                               
the  Division   of  Habitat  Restoration  and   the  Division  of                                                               
Commercial Fisheries]  as "a  one-time infusion  of funds."   The                                                               
Division  of  Commercial  Fisheries'  cost was  estimated  to  be                                                               
$90,000 - down from $200,000 in  the original bill - in the first                                                               
year; in  the second  year, there  would be  a decrease  of about                                                               
half.   He said there  were similar  numbers for the  Division of                                                               
Habitat Restoration.  Mr. Mecum said  he has talked with the ASGA                                                               
about   the  fiscal   notes,  which   agreed  the   numbers  were                                                               
reasonable.  He  added that the intent of the  bill was to double                                                               
the size of the industry.                                                                                                       
                                                                                                                                
Number 2536                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE  asked  if   [the  department]  had  been                                                               
pulling $200,000  from its  existing budget  to run  the program,                                                               
prior to the bill.                                                                                                              
                                                                                                                                
MR. MECUM said  the funds wouldn't be needed after  two years, in                                                               
his estimation.   He said  the bill  aims to find  areas suitable                                                               
for 90 sites.                                                                                                                   
                                                                                                                                
Number 2502                                                                                                                     
                                                                                                                                
Co-Chair Scalzi asked  what the difference would  be between what                                                               
the bill legislates and what the program was in the past.                                                                       
                                                                                                                                
MR.  MECUM  said currently  people  can  submit applications  for                                                               
sites statewide.   He said it is a problem,  however, and offered                                                               
the analogy:   "Bring me a rock.   No, I'm sorry,  that's not the                                                               
right rock; bring me another  rock."  He characterized the intent                                                               
of  the  bill  as  having the  department  do  a  "brush-clearing                                                               
exercise,"  saying  the department  would  clear  things away  in                                                               
order to  find areas  where people  can feasibly  farm shellfish.                                                               
He said the bill is a very different approach.                                                                                  
                                                                                                                                
Number 2445                                                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE  answered that she didn't  "have a problem                                                               
with that"  and would continue  to support the bill,  even though                                                               
she thought it would be doomed by  the fiscal note.  She gave the                                                               
analogy  of the  oil industry:   the  state doesn't  allow it  to                                                               
develop all over the state,  but the oil industry is instrumental                                                               
in identifying areas where it has been successful in drilling.                                                                  
                                                                                                                                
MR. MECUM characterized Representative  McGuire's point as a good                                                               
one.    He told  of  his  vision  of  a partnership  between  the                                                               
industry and  the department wherein  proposals would  be brought                                                               
forth  by the  industry and  the  department would  do the  basic                                                               
survey and inventory  to determine whether a site  would be right                                                               
for development.                                                                                                                
                                                                                                                                
Number 2346                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  asked  what   sort  of  revenue  would  be                                                               
generated by offering lease sites through public auction.                                                                       
                                                                                                                                
MR. MECUM deferred  to Bob Loeffler of the  Department of Natural                                                               
Resources (DNR),  since DNR would  be in  charge of leasing.   He                                                               
said  ADF&G would  be concerned  with the  biological aspects  of                                                               
shellfish farming.                                                                                                              
                                                                                                                                
Number 2304                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI  said there  were problems  with the  old system.                                                               
He  expressed his  belief that  the partnership  approach of  the                                                               
bill  would be  "productive and  streamlined."   He said  DNR has                                                               
increased the  budget by  means of  "oil and  water-rights issues                                                               
that do make  us money."  He  said Alaska has to  look for things                                                               
that will  generate money  for the state  coffers, and  this bill                                                               
might help in that pursuit.                                                                                                     
                                                                                                                                
Number 2209                                                                                                                     
                                                                                                                                
MR.  LOEFFLER told  the  committee the  90  sites would  generate                                                               
roughly  $55,000 per  year.   The  three-acre  lease sites  would                                                               
require a few years to be completely taken up.                                                                                  
                                                                                                                                
REPRESENTATIVE  GREEN said  it  was more  palatable  to see  some                                                               
estimated income for  the state's $250,000 than to  see the money                                                               
dumped  into  allowing  "those  guys  [to] go  out  and  do  some                                                               
aquaculture."                                                                                                                   
                                                                                                                                
Number 2123                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  moved  to  report CSHB  208  [version  22-                                                               
LS0763\P,  Utermohle, 3/5/02]  out of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB 208(RES) was  moved out of the House Resources                                                               
Standing Committee.                                                                                                             

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