Legislature(2007 - 2008)CAPITOL 124

02/23/2007 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 26 GEODUCK AQUATIC FARMING EXEMPTION TELECONFERENCED
Heard & Held
*+ HB 127 MCNEIL RIVER STATE GAME SANCTUARY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB  26-GEODUCK AQUATIC FARMING EXEMPTION                                                                                      
                                                                                                                                
1:09:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO announced  that the first order  of business would                                                               
be  HOUSE  BILL  NO.  26,   "An  Act  relating  to  aquatic  farm                                                               
permitting  involving  geoducks  and to  geoduck  seed  transfers                                                               
between  certified hatcheries  and aquatic  farms."   [Before the                                                               
committee was CSHB 26(FSH).]                                                                                                    
                                                                                                                                
1:09:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  speaking  as   the  sponsor  of  HB  26,                                                               
explained that the  bill specifies that the  Alaska Department of                                                               
Fish &  Game (ADF&G)  cannot use  the absence  of geoducks  in an                                                               
area  as  the  reason  for denying  a  mariculture  farm  permit.                                                               
Therefore,  this legislation  allows geoduck  farmers in  an area                                                               
without  geoducks  to  apply  for   permits.    He  informed  the                                                               
committee that  geoducks are the  largest clam in  North America.                                                               
Geoducks live on the bottom, are  not mobile at all, and dig down                                                               
about  one foot  per year  as they  grow.   Representative Seaton                                                               
pointed  out  that  geoducks  became  valuable  as  a  result  of                                                               
improved marketing and  thus have risen from $1 per  pound to $10                                                               
per  pound.   They are  sold live  to Asia.   Furthermore,  it is                                                               
recognized  that  the  more  clams  that  become  available  from                                                               
Alaska, the more Alaska will be  viewed as a source for geoducks.                                                               
He  said  the natural  range  of  geoducks  is from  Puget  Sound                                                               
through Canada  to Alaska, as far  north as Tenakee Springs.   No                                                               
known infectious  diseases have  been identified in  geoducks, in                                                               
the wild  or the  farming in  British Columbia  and the  State of                                                               
Washington.   The only  problem is  warts on  the outside  of the                                                               
shell that are caused by certain  cells in the muscle tissue that                                                               
are then moved by the clam to the outside of its shell.                                                                         
                                                                                                                                
1:14:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON related that  geoducks are probably some of                                                               
the  longest  living  animals  in  the  world,  with  reports  of                                                               
geoducks living to  be 140-168 years old.   Furthermore, geoducks                                                               
grow  fast as  small clams  and are  harvestable in  seven years.                                                               
The legislation  before the  committee restricts  geoduck farming                                                               
to the subtidal zone in  areas located north of Southeast Alaska.                                                               
The  aforementioned  means that  there  won't  be conflicts  with                                                               
those  who land  skiffs  on  the beach,  dig  clams, and  collect                                                               
seaweed.    Geoduck  farms  in  the subtidal  zone  will  not  be                                                               
exposed, even  at a very  low tide.   These farms do  not require                                                               
the tremendous  number of buoys  that are required  for suspended                                                               
culture for oyster  farms in Prince William Sound  and Cook Inlet                                                               
where there  have been conflicts  because people cannot  boat due                                                               
to the  buoys.  Therefore,  the benthic  farms proposed in  HB 26                                                               
will not have that conflict.                                                                                                    
                                                                                                                                
1:16:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  addressing the  fact that  these proposed                                                               
farms would be outside the  larval drift zones, opined that these                                                               
geoducks will likely not be  sexually active/mature and thus will                                                               
not place  larvae into the  water column  at the sites  north [of                                                               
Juneau].  However, he acknowledged  that cannot be determined for                                                               
sure.   Representative  Seaton then  turned  to the  department's                                                               
concern with regard to having geoducks  in an area where they are                                                               
not   naturally  occurring,   which  he   characterized  as   the                                                               
ecological   concern.     However,  he   pointed  out   that  the                                                               
aforementioned  must not  have  been of  too  much concern  since                                                               
ADF&G has permitted  a geoduck farm 35 miles north  of Juneau, an                                                               
area outside  of where geoducks  occur naturally, and  there does                                                               
not seem  to be  any detrimental impacts.   This  legislation, he                                                               
opined, offers a  manner in which to provide  a possible economic                                                               
base for isolated  communities with very little  risk as geoducks                                                               
are not a new species in  Alaska.  He highlighted that nothing in                                                               
HB  26 allows  the importation  of geoduck  seed from  outside of                                                               
Alaska.                                                                                                                         
                                                                                                                                
1:18:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON, in  response to  Representative Kawasaki,                                                               
informed the committee  that the geoduck farm in  Bridget Cove is                                                               
located above the  range of where geoducks naturally  occur.  The                                                               
farm in  Bridget Cove has  been permitted,  but has not  yet gone                                                               
into operation.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  KAWASAKI, referring  to "Attachment  1 Introduced                                                               
Species  (Transporting Geoducks  Outside  Their Natural  Range),"                                                               
drew  attention  to  the  following:    "In  summary,  introduced                                                               
species are a major threat  because their interactions with other                                                               
biota are unpredictable ...."                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  said that  he is  very cognizant  of that,                                                               
adding that he is very opposed  to finfish farming.  He specified                                                               
that he  is not supportive  of introducing a predatory  or mobile                                                               
species into an area.   However, geoducks are a sedentary species                                                               
for which  there is  a history  in Southeast  Alaska.   He opined                                                               
that it is  not reasonable to assume that geoducks  are a species                                                               
for  which  there  is  no  history  or  for  which  a  reasonable                                                               
projection can be made.   Much information has been gathered from                                                               
laboratories reviewing  Southeast Alaska.   No one  has presented                                                               
any  information  that  the  presence  of  geoducks  in  southern                                                               
Southeast  has  displaced  other animals  in  northern  Southeast                                                               
Alaska.    Geoducks,  he  pointed  out, must  be  buried  in  the                                                               
appropriate substrate,  and therefore would not  compete with any                                                               
other species.                                                                                                                  
                                                                                                                                
1:22:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  inquired  as  to who  is  present  to                                                               
testify.                                                                                                                        
                                                                                                                                
CO-CHAIR GATTO surmised  that Representative Guttenberg's concern                                                               
is the  biology of the  situation.   To that concern,  he pointed                                                               
out  that  both he  and  Representative  Seaton have  a  master's                                                               
degree in  biology, with Representative Seaton  having a master's                                                               
in  zoology  and  Co-Chair  Gatto in  ecology.    Co-Chair  Gatto                                                               
related that  he had concern  with introducing a species  into an                                                               
environment where it was not previously present.                                                                                
                                                                                                                                
1:23:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  clarified  that  the area  in  which  the                                                               
geoducks  would be  introduced is  basically fine  sediments, mud                                                               
flats.   He  pointed out  that  it is  difficult to  say that  an                                                               
environment is  unoccupied.  He acknowledged  that the department                                                               
has expressed  concern that polychete  worms could  be influenced                                                               
by the  introduction of geoducks.   However, the only  study done                                                               
has found that  in areas where geoducks have  been harvested, the                                                               
polychete worm population saw a  slight increase.  Representative                                                               
Seaton noted that  geoducks are filter feeders  and eat plankton,                                                               
and thus  if they  are planted  too densely  they will  grow more                                                               
slowly.   Although there  is a  general concern  of environmental                                                               
conditions, there  has been no  identified species  that geoducks                                                               
would displace.                                                                                                                 
                                                                                                                                
1:25:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  asked if Representative Seaton  has talked                                                               
with any of the geoduck farmers.                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON  replied, yes.   He  related that  the only                                                               
concern  originally was  whether there  would be  a problem  with                                                               
marketing and  possibly having  too many  geoducks.   However, it                                                               
seems  that  farmers  are  not worried  because  an  increase  of                                                               
geoducks coming  from Alaska will  result in more  people looking                                                               
to Alaska as  a good supplier.  The market,  he opined, is fairly                                                               
unlimited for live geoducks in Asia.   He recalled from the House                                                               
Special  Committee on  Fisheries meeting  the question  of larval                                                               
drift  zones  and whether  geoducks  introduced  into the  Prince                                                               
William Sound  or Kodiak areas  could impact  Southeastern Alaska                                                               
if they unexpectedly became reproductively  active.  He said that                                                               
there would not  be an impact as the possibility  of larvae being                                                               
able  to  move   from  Kodiak  to  Southeast   Alaska  is  almost                                                               
impossible according to the larval drift zone theory.                                                                           
                                                                                                                                
1:27:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  in  further response  to  Representative                                                               
Wilson, specified that  the geoduck seed would have  to come from                                                               
Southeast  Alaska populations.   The  legislation specifies  that                                                               
the seed  cannot be  imported and  can only  come from  an Alaska                                                               
certified hatchery, the  only one of which is  located in Seward.                                                               
He said that not very many  animals are needed to supply the seed                                                               
necessary.                                                                                                                      
                                                                                                                                
1:28:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON related that one  of the geoduck farmers in                                                               
her district ordered  and paid for seed, but  then never received                                                               
it.  Since he  missed the [seeding time], he had  to wait for the                                                               
next  [seeding]  season.   Therefore,  she  questioned who  would                                                               
receive  the first  batch  of seed  from the  one  source in  the                                                               
state.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON  directed attention  to  a  letter in  the                                                               
committee packet from the manager  of the geoduck hatchery.  Part                                                               
of the problem  with supplying geoducks is that there  are only a                                                               
few farms  and the hatchery  has not been  able to get  people to                                                               
commit  to  ordering  them.     Therefore,  if  more  people  are                                                               
purchasing geoducks, then  the hatchery can plan  ahead and raise                                                               
more.  He recalled that the state  put in $2.3 million to get the                                                               
mariculture hatchery going.  Representative  Seaton said that the                                                               
legislature needs  to make the  decision to either  subsidize the                                                               
mariculture   hatchery,  let   it   generate   enough  money   in                                                               
coordination with the industry to  be self-sustaining, or get out                                                               
of the  mariculture business.   However, it is  difficult because                                                               
geoducks are  a significant part  of the plan with  the hatchery.                                                               
In fact, only  one person has put money down  for raising geoduck                                                               
seed ahead  of time.   Permitting has been problematic,  but that                                                               
should change, he opined, as some of these farms come on board.                                                                 
                                                                                                                                
1:31:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  in response to Co-Chair  Gatto, confirmed                                                               
that the  hatchery is currently  operating.  In  further response                                                               
to  Co-Chair  Gatto,  Representative  Seaton utilized  a  map  to                                                               
illustrate the  area along the Gulf  of Alaska where HB  26 would                                                               
allow people  to apply for  geoduck permits  as long as  there is                                                               
not something in the area that  would prohibit it.  For instance,                                                               
in the  critical habitat area  in Homer the farming  of shellfish                                                               
would not be allowed.   Therefore, geoducks would not be allowed,                                                               
even  under HB  26.    This legislation  merely  says that  ADF&G                                                               
cannot use  the absence of  geoducks as the criteria  to prohibit                                                               
permitting a farm.                                                                                                              
                                                                                                                                
1:34:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GUTTENBERG  inquired   as   to  ADF&G's   theory                                                               
regarding why  geoducks are not  naturally located  farther north                                                               
or west.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON  answered  that  ADF&G has  not  had  that                                                               
explanation.  He offered that the  reason could be related to the                                                               
photoperiod or it  could be the temperature.  He  related that in                                                               
[the north and  west of Southeast Alaska] oysters  grow well, but                                                               
do   not  become   actively   reproductive   because  the   water                                                               
temperature is  too cold.  As  far as marketing, oysters  that do                                                               
not  spawn are  a better  product  because once  they spawn  they                                                               
become bitter.                                                                                                                  
                                                                                                                                
1:36:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  directed attention to the  language on                                                               
page  1,  lines  9-10,  which  says "the  permit  may  not  allow                                                               
operations  for  that  purpose   in  the  intertidal  habitat  or                                                               
environment".   Therefore, he questioned the  location of geoduck                                                               
habitat.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON clarified that  "intertidal" means that the                                                               
geoducks  would be  exposed during  a low  tide.   Therefore, not                                                               
allowing operations in an intertidal  zone would protect existing                                                               
uses from  being displaced, such  as the collection of  clams and                                                               
seaweed.   He mentioned that in  the State of Washington  much of                                                               
the farming  is done in  the intertidal zone.   Although geoducks                                                               
exist  as deep  as  300 feet  in Puget  Sound,  they mainly  live                                                               
between 10 and  80 feet in depth.  For  the operations in Alaska,                                                               
the depth  is generally less  than 30 feet.   In response  to Co-                                                               
Chair  Gatto, Representative  Seaton specified  that geoducks  do                                                               
live in the intertidal mud flats  in the State of Washington.  He                                                               
then noted  that the  Bridget Cove permit  can be  intertidal and                                                               
that decision will  be left to the permittee.   The further north                                                               
in Alaska  the worse the conditions  [for the geoduck due  to the                                                               
colder water temperature].                                                                                                      
                                                                                                                                
1:40:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  pointed  out  that  this  legislation                                                               
limits geoduck farms  to areas contiguous to the  Gulf of Alaska.                                                               
He inquired  as to the  rationale of only limiting  the expansion                                                               
of [geoduck farms] to the Gulf of Alaska.                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON said  he  would be  willing  to talk  with                                                               
anyone [from Bristol  Bay or the Aleutians] who  is interested in                                                               
geoduck farming  in those areas.   He suggested that  ADF&G would                                                               
not be supportive  of including the Beaufort Sea.   "I can pretty                                                               
much say that  ... the species and everything within  the Gulf of                                                               
Alaska has  a very broad  distribution and they can  be different                                                               
than those that are up in the Bering Sea," he related.                                                                          
                                                                                                                                
1:41:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG asked if  there has been any discussion                                                               
with regard to transferring sterilized seed.                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  responded   that  it   is  theoretically                                                               
possible.   Although it has not  been done with geoducks,  it has                                                               
been done with  some clams, he noted.  He  related that ADF&G has                                                               
not  said  it  would  support  the  introduction  of  genetically                                                               
changed stock, but has said that  it would consider a triploid or                                                               
a sterile animal.  He  related that basically these small farmers                                                               
interested  in sterile  stock  are being  asked  to somehow  fund                                                               
basic  research.    He  then related  his  understanding  that  a                                                               
university in British Columbia or  Washington is attempting this,                                                               
but have  not been successful.   He reiterated that  the geoducks                                                               
in  the proposed  expansion area  will  probably be  functionally                                                               
sterile  because  of the  cold  water,  although  that is  not  a                                                               
certainty.                                                                                                                      
                                                                                                                                
1:45:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response   in  to  a  question  from                                                               
Representative Guttenberg,  related his belief that  if the ADF&G                                                               
commissioner  is  denying  geoduck  permits, he  is  probably  in                                                               
violation of the  law.  He explained that in  2002 House Bill 208                                                               
passed  and  it specifically  said  that  the two  conditions  to                                                               
receive permits  in an area  are as follows:   that there  are no                                                               
geoducks in the area; and that  if there is a geoduck population,                                                               
it  must  be insignificant.    Therefore,  when the  commissioner                                                               
denies permits based  on the absence of geoducks in  an area, the                                                               
commissioner  is in  direct violation  of that.   He  highlighted                                                               
that the record does not specify  any intention for that to speak                                                               
only  to  Southeastern  Alaska.    Therefore,  HB  26  is  really                                                               
clarifying legislation.  Representative Seaton explained:                                                                       
                                                                                                                                
     The big problems  with geoducks here has  been with the                                                                    
     farms and  permits is that  there are geoducks  in most                                                                    
     of these  areas.   And where people  want to  put farms                                                                    
     are in  areas where you  have good upwelling  and where                                                                    
     you have geoducks.   Then you have a  wild stock, which                                                                    
     the  ...  dive industry  wants  to  harvest and  that's                                                                    
     exactly where people  want to site the farm.   So, that                                                                    
     has been  what the big  geoduck contention has  been in                                                                    
     the past.   How do we  take a resource which  all of us                                                                    
     own  ... and  it has  been historically  targeted by  a                                                                    
     commercial fishery and  now turn ... part  of that area                                                                    
     into a farm.  And that's  not a problem for anywhere up                                                                    
     here.                                                                                                                      
                                                                                                                                
1:47:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO recalled  when  zebra  mussels were  accidentally                                                               
introduced in the  Great Lakes.  Zebra mussels sought  to live in                                                               
sewer lines which  they ultimately clogged.   Co-Chair Gatto said                                                               
he  has serious  concerns with  regard to  introducing an  animal                                                               
where  it does  not currently  exist.   However,  he related  his                                                               
belief that  some geoduck  seeds have drifted  all over  but have                                                               
not  found  the right  environment,  possibly  due to  the  water                                                               
temperature, otherwise  they would  have settled  and reproduced.                                                               
Therefore,  if global  warming happens  and waters  warm, geoduck                                                               
will  eventually reproduce  in  these areas.    The question,  he                                                               
opined,  is whether  this risk  of expanding  the areas  in which                                                               
geoduck  farms are  allowed  should  be taken.    He related  his                                                               
support of  the legislation  because the work  has been  done and                                                               
that  if the  geoduck farm  expansion does  not work,  "we're" no                                                               
worse off.   Co-Chair Gatto said  that he is willing  to take the                                                               
risk unless some forthcoming testimony convinces him otherwise.                                                                 
                                                                                                                                
1:54:16 PM                                                                                                                    
                                                                                                                                
RODGER PAINTER, President,  Alaska Shellfish Growers Association,                                                               
spoke in favor  of HB 26.  He characterized  the legislation as a                                                               
simple  bill  that should  not  raise  the  red flags  of  exotic                                                               
species, genetic  nightmares, or disease.   He opined  that there                                                               
has been  no determination that  geoducks pose any threat  to the                                                               
habitat or other fisheries resources.   Geoducks do not move, are                                                               
very  clean animals,  and have  very little  effect on  the sandy                                                               
environment in  which they live.   Furthermore, geoduck  beds are                                                               
predominantly  geoducks  and  aren't  a  mix  of  other  species.                                                               
Contrary  to   what  Representative  Seaton  said,   geoducks  do                                                               
occasionally reach the  intertidal areas in Alaska.   In terms of                                                               
disease,  Mr. Painter  highlighted that  Alaska probably  has the                                                               
most stringent shellfish pathology program  in the U.S.  In terms                                                               
of  genetics, he  opined that  there  should not  be concerns  if                                                               
these  animals  are farmed  in  areas  where  they do  not  occur                                                               
naturally.    Mr. Painter  pointed  out  that  there is  a  large                                                               
division in terms of the  water flow between Southeast Alaska and                                                               
Prince William Sound and thus it's  very difficult to see how the                                                               
animals could ever  make that leap.  The water  flows in opposite                                                               
directions as  evidenced by the  Exxon Valdez oil spill  in which                                                               
the  tar  balls traveled  through  Prince  William Sound  and  on                                                               
through Cook Inlet and down the Alaska Peninsula.                                                                               
                                                                                                                                
1:59:23 PM                                                                                                                    
                                                                                                                                
MR. PAINTER  then turned to  the natural range of  species, which                                                               
is an  argument of  ADF&G.   The natural range  of a  species, he                                                               
opined, is  a moving  target because the  range of  these animals                                                               
will  change as  the  ocean environment  changes.   For  example,                                                               
there is  some evidence  that geoducks  once existed  in Kachemak                                                               
Bay.   If the oceans  continue to  warm, geoducks could  again be                                                               
seen  in Kachemak  Bay.   Mr.  Painter suggested  that trying  to                                                               
limit everything to what is  today doesn't offer very good vision                                                               
as illustrated by  the fact the location of the  capital was once                                                               
under ice  and many  of today's  species weren't  here.   He then                                                               
offered another  possible result.   Last  year the  Russians sold                                                               
about $250  million-worth of king  crab that were  harvested from                                                               
the  Berents  Sea.    These  are  progeny  of  stocks  that  were                                                               
transplanted  in the  1950s from  the Bering  Sea to  the Berents                                                               
Sea.   Mr.  Painter suggested  that  a community  such as  Kodiak                                                               
would like the infusion of a $250 million harvest.                                                                              
                                                                                                                                
2:02:02 PM                                                                                                                    
                                                                                                                                
MR. PAINTER, drawing from his  geoduck farmers, related that they                                                               
found very  little concern about  competition for seed  or market                                                               
competition.  The  response was that it would  be [preferable] to                                                               
solve  the  problems with  ADF&G  over  existing geoduck  permits                                                               
prior  to  moving on  to  another  venture.   Contrary  to  ADF&G                                                               
testimony,  the  department  has approved  experiments  in  which                                                               
species  were moved  beyond  their natural  range.   Mr.  Painter                                                               
related that  he personally  had a  permit to  take purple-hinged                                                               
rock scallops from  Southeast and plant them  on Unalaska Island.                                                               
However, the purple-hinged rock scallops died in transit.                                                                       
                                                                                                                                
2:04:09 PM                                                                                                                    
                                                                                                                                
MR.  PAINTER acknowledged  the intertidal  concerns, but  pointed                                                               
out that probably the lowest cost  way to get involved in geoduck                                                               
culture  is   through  intertidal   culture.    He   then  voiced                                                               
reservations about  geoduck culture further north  because of the                                                               
growth rates.   Although not much  is known about the  biology of                                                               
geoducks,  one  known  is  that  they  are  fairly  lethargic  at                                                               
temperatures  below  50°F.   Therefore,  farmers  always wait  to                                                               
plant juvenile  geoducks until  the water is  above 50°F  so they                                                               
will  dig themselves  in.   As  the  temperature cools,  geoducks                                                               
don't  show much  because  they aren't  actively  feeding.   When                                                               
geoducks are actively feeding, one  will see their necks sticking                                                               
out of the sea bottom.  He  pointed out that there are fewer days                                                               
in which the temperatures are  warmer than 50°F in Prince William                                                               
Sound and Kodiak  than in southern Southeast  Alaska.  Therefore,                                                               
he guessed  that the growth  rates would  be slow enough  that it                                                               
would  not  be economically  viable  to  farm geoducks  in  those                                                               
areas.                                                                                                                          
                                                                                                                                
MR.  PAINTER   offered  the  following  corrections   to  earlier                                                               
statements.  He  related that the Bridget Cove  geoduck farm does                                                               
have geoducks  in it,  although not  many.   In terms  of ADF&G's                                                               
designated  larval  drift  zones, the  Alaska  Shellfish  Growers                                                               
Association proposed that these  larval drift zones be eliminated                                                               
while the department  proposed that they be  increased from three                                                               
to twelve zones.  After  much negotiation, six larval drift zones                                                               
were designated.   Also, ADF&G's memorandum says it  would take a                                                               
change in  statutes to  allow the  importation of  aquatic stocks                                                               
into  the  state.   However,  that's  not  the case  because  the                                                               
importation  of  aquatic stocks  is  regulated  by the  Board  of                                                               
Fisheries,  which  can,  through regulation,  allow  even  exotic                                                               
species into the state.                                                                                                         
                                                                                                                                
2:08:56 PM                                                                                                                    
                                                                                                                                
MR. PAINTER,  in response to Representative  Wilson, related that                                                               
unique to geoducks  is their retention of the  toxin in paralytic                                                               
shellfish poisoning.   He  informed the  committee that  within a                                                               
one-square-foot area  the toxin levels  in the clams  would range                                                               
"all over  the board."   He suggested that the  aforementioned is                                                               
due  to the  fact that  most of  the fisheries  are taking  place                                                               
during the  winter months when some  [are not feeding and  do not                                                               
flush out the toxins].                                                                                                          
                                                                                                                                
2:10:30 PM                                                                                                                    
                                                                                                                                
ALAN AUSTERMAN, testifying  on his own behalf,  began by relating                                                               
that he has spent the last  four years working with the shellfish                                                               
industry on how  it can expand and  grow.  He noted  that not all                                                               
the  problems were  created by  the  Murkowski Administration  as                                                               
evidenced  by the  many regulations  established  by the  Knowles                                                               
Administration.  There are some  inherent problems with how ADF&G                                                               
manages wild  stocks versus farmed  stocks.  He  highlighted that                                                               
ADF&G's  mandate is  to manage  wild stocks,  which is  evidenced                                                               
further in the  department's testimony at the  last House Special                                                               
Committee on Fisheries' meeting.   Mr. Austerman opined that this                                                               
is really an economic development  issue and moving geoducks from                                                               
one  part of  the state  to another  provides an  opportunity and                                                               
isn't  really  problematic.    With   regard  to  the  previously                                                               
mentioned problems with  the hatchery, he opined  that those were                                                               
created because  road block after  road block was  created during                                                               
this  process   of  establishing   the  geoduck  industry.     He                                                               
attributed  the  aforementioned  to  the  Knowles  Administration                                                               
under which geoduck farms were  permitted in areas where geoducks                                                               
already existed.   The conflicts  between farmed and  wild stocks                                                               
has caused  much controversy and  many problems.  He  opined that                                                               
the hatchery built itself up  thinking the geoduck industry would                                                               
grow  and expand,  but it  didn't.   Therefore, the  hatchery has                                                               
suffered  and  efforts  to  establish  a  shellfish  hatchery  in                                                               
Ketchikan did  not manifest because  the industry was  not moving                                                               
forward fast enough.                                                                                                            
                                                                                                                                
MR. AUSTERMAN then expressed his  disappointment with the earlier                                                               
comparison  of geoducks  and zebra  mussels.   Zebra mussels  are                                                               
like ground  cover that  chokes out  other things  whereas clams,                                                               
geoducks,  live under  the substrate  and have  their neck  up to                                                               
filter the  water and thus  do not move  in and destroy  an area.                                                               
With regard to the use  of sterile geoducks, Mr. Austerman opined                                                               
that  it's apparent  that the  conditions of  reproduction aren't                                                               
present due to  the temperature of the water.   He suggested that                                                               
1,000 years ago there probably  weren't any geoducks in Southeast                                                               
Alaska.  If  evolution continues and geoducks  naturally occur in                                                               
Southeast Alaska, he inquired as to  the problem even if they did                                                               
reproduce and grow in an area where they are not today.                                                                         
                                                                                                                                
2:16:01 PM                                                                                                                    
                                                                                                                                
MR. AUSTERMAN suggested  that there will be many  issues that the                                                               
legislature  will become  involved  with, including  the need  to                                                               
move the  farming aspect of  shellfish out  of ADF&G and  to DNR.                                                               
He   noted  that   his  discussions   with  the   ADF&G  on   the                                                               
aforementioned have not elicited any strong objections.                                                                         
                                                                                                                                
2:16:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO acknowledged that the  zebra mussel is a different                                                               
species and  thus its use in  the example was simply  to relate a                                                               
situation in  which a species  was introduced.   Furthermore, the                                                               
reference to evolution is really a reference to migration.                                                                      
                                                                                                                                
2:17:24 PM                                                                                                                    
                                                                                                                                
JIM  SEEB,  Chief  Fisheries Scientist,  Division  of  Commercial                                                               
Fisheries, Alaska Department of Fish  & Game, noted his agreement                                                               
that the area  north of Cape Fairweather up to  Cape St. Elias is                                                               
a real  barrier to  migration for many  animals.   The department                                                               
has some  serious concerns with  the uncertainty  associated with                                                               
any fish or shellfish introduction.   He pointed out that geoduck                                                               
larvae  naturally occurs  throughout Southeast  Alaska and  those                                                               
settle  on   some  beaches  and  develop   thriving  populations.                                                               
However, geoducks  don't naturally  occur in  Southcentral Alaska                                                               
and  if  transplanted,  the  consequences   are  uncertain.    If                                                               
geoducks  introduced in  Southcentral Alaska  did reproduce,  the                                                               
females produce  millions of larvae  each year that  could spread                                                               
rapidly and  could compete  in the  water column,  cause predator                                                               
increases for other  species, compete in the food  web, and alter                                                               
the  food  web  in  unpredictable  ways.    With  regard  to  the                                                               
aforementioned   thriving  red   king  crab   fishery  that   was                                                               
transplanted  into the  Berents Sea,  Mr. Seeb  pointed out  that                                                               
those crabs  have migrated  to the  Norwegian Sea  and completely                                                               
disrupted  the economy  of  Norway  with its  cod  fishery.   The                                                               
aforementioned uncertainties come with  introducing species.  The                                                               
Internet offers example after  example of catastrophic unintended                                                               
consequences resulting from introducing species.                                                                                
                                                                                                                                
2:21:19 PM                                                                                                                    
                                                                                                                                
JOHN  HILSINGER, Fishery  Biologist IV,  Division of  Sport Fish,                                                               
Alaska  Department of  Fish &  Game, reiterated  the department's                                                               
concern  with regard  to  the introduction  of  species in  areas                                                               
where they  do not  currently exist.   Typically, when  a species                                                               
doesn't exist in  a certain area, there's a  reason although it's                                                               
not always apparent.  Therefore,  the fact that [certain species]                                                               
don't  exist  in  an  area   doesn't  mean  that  they  can't  be                                                               
introduced,  survive,  reproduce,   and  potentially  cause  some                                                               
problems.   For  that reason,  Mr. Hilsinger  suggested that  one                                                               
should not assume  that geoducks could not  survive and reproduce                                                               
in areas such as Kachemak Bay and Prince William Sound.                                                                         
                                                                                                                                
2:22:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  inquired   as  to  what  happens   if  they  are                                                               
introduced  in the  aforementioned areas  and do  reproduce.   He                                                               
highlighted that geoducks don't move.   He questioned whether Mr.                                                               
Hilsinger is concerned because he  does not want to introduce any                                                               
species [to  an area where  they are not naturally  occurring] or                                                               
is this species in particular suspect.                                                                                          
                                                                                                                                
MR.  HILSINGER clarified  that geoducks  do move  as they  have a                                                               
fantastic larval drift.  Females  produce millions of larvae that                                                               
enter the  currents and  drift from  area to area.   There  is no                                                               
information with  regard to whether  geoducks would  reproduce in                                                               
Southcentral, but  if they did  they could disrupt  other species                                                               
in that  area as  well as  the food  web in  ways that  cannot be                                                               
predicted.    Most  introductions   that  have  had  catastrophic                                                               
impacts were  impacts that weren't  predicted.  For  example, the                                                               
State of  Montana introduced mysis  shrimp into Flathead  Lake in                                                               
order  to enhance  the  kokanee population  that  was feeding  on                                                               
daphnia.  However,  the mysis shrimp were never  available to the                                                               
kokanee in the  water column, and in fact the  shrimp ate all the                                                               
daphnia.   The  kokanee population  then crashed  and the  eagles                                                               
that depended  on the kokanee  population crashed, and  the bears                                                               
left.   Such situations in  which unintended  consequences ripple                                                               
through  the  ecosystem  have  caused  many  states  to  be  very                                                               
cautious with  regard to  introducing a  species.   Mr. Hilsinger                                                               
then pointed out  that the larval drift zones in  Alaska are more                                                               
liberal than those in Washington  and Canada, which he attributed                                                               
partly to pressure  from the aquaculture industry.   He mentioned                                                               
that the  department did work with  Mr. Painter in order  to make                                                               
compromises that could facilitate aquaculture development.                                                                      
                                                                                                                                
2:25:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO posed a situation  in which geoduck larvae drifted                                                               
and settled  in Polly Creek,  and asked Mr. Hilsinger  to predict                                                               
whether  the geoducks  would compete  or coexist  with the  razor                                                               
clams that are naturally there or would the geoducks die off.                                                                   
                                                                                                                                
MR. HILSINGER  said he would  hesitate to forecast  the situation                                                               
at all because  the outcome of transplanting  any species outside                                                               
of its  native range is unpredictable.   He said that  the larvae                                                               
may settle in  some areas or they may  cause competition problems                                                               
in the water column.  It  is unknown whether the larvae of native                                                               
species would be  out competed in the water column  by the larvae                                                               
of a  new species.   The  impacts would not  be limited  to those                                                               
occurring after settling,  they could occur anywhere  in the food                                                               
web.                                                                                                                            
                                                                                                                                
2:26:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  asked whether water in  Southeast Alaska's                                                               
latitude is  warmer than  water in the  latitude of  the Aleutian                                                               
Chain.                                                                                                                          
                                                                                                                                
MR.  HILSINGER explained  that there  are fixed  oceanic currents                                                               
and  temperatures  and  that these  occur  in  certain  patterns;                                                               
therefore,  latitude   cannot  be   used  in   determining  water                                                               
temperatures.                                                                                                                   
                                                                                                                                
2:27:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG asked why there  is no fiscal note when                                                               
there  is  a  need  for  ADF&G to  conduct  research  on  geoduck                                                               
farming.                                                                                                                        
                                                                                                                                
MR. HILSINGER explained that as  chief scientist he cannot answer                                                               
the question.   He related that the ADF&G  commissioner is trying                                                               
to follow  the governor's lead in  being frugal.  He  agreed that                                                               
there  needs  to   be  research  whether  or   not  geoducks  are                                                               
transplanted outside of their native  range.  He noted that ADF&G                                                               
has co-authored  research proposals  with the  previous operators                                                               
of the [Seward] hatchery to  study a variety of topics, including                                                               
development of  sterile scallops.   He said  that he  thought the                                                               
hatchery was now raising 6-8 species of bivalves.                                                                               
                                                                                                                                
2:29:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked what species would  geoducks compete                                                               
with or displace in Southeast Alaska.                                                                                           
                                                                                                                                
MR.   HILSINGER  said   that  Representative   Seaton  accurately                                                               
described  the competition  in the  substrate for  where geoducks                                                               
occur  naturally in  Southeast  Alaska, and  that competition  is                                                               
probably  with a  few  tunicate  worms.   When  a species  occurs                                                               
naturally there  is natural predation and  competition that keeps                                                               
everything in balance.  He said  he does not fully understand the                                                               
impacts and  what the  competition would be  in the  larval drift                                                               
area  when  there are  millions  of  larvae from  many  different                                                               
species co-migrating.                                                                                                           
                                                                                                                                
2:30:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked what  species would be  displaced by                                                               
adult geoducks  in the Kodiak  and Prince William Sound  areas or                                                               
was  Mr.  Hilsinger only  talking  about  geoduck larvae  in  the                                                               
plankton.                                                                                                                       
                                                                                                                                
MR. HILSINGER  reiterated that the  results can  be unpredictable                                                               
as he  pointed out with  the aforementioned examples of  red king                                                               
crab and  mysis shrimp.   He explained  that history  from around                                                               
the  world shows  that introducing  species often  causes serious                                                               
and unintended  consequences.   Therefore, he  emphasized, states                                                               
and nations  globally do not endorse  introducing species without                                                               
extensive research ahead of time.   He stressed that research has                                                               
not been done to know what could occur in Alaska.                                                                               
                                                                                                                                
MR. HILSINGER further  explained that ADF&G is  not worried about                                                               
displacement as  much as  an ecosystem  change and  disruption of                                                               
the food  web.  The impact  of introducing geoducks might  not be                                                               
displacement in  the substrate.   Instead, he  said, it  might be                                                               
displacement in the  water column, or the billions  of new larvae                                                               
drifting  in  an  area  might  cause the  buildup  of  a  primary                                                               
predator that would then impact native bivalves.                                                                                
                                                                                                                                
2:33:44 PM                                                                                                                    
                                                                                                                                
CYNTHIA   PRING-HAM,   Mariculture   Coordinator,   Division   of                                                               
Commercial  Fisheries,  Alaska  Department  of Fish  &  Game,  in                                                               
response  to  a  question,  stated  that  the  species  name  for                                                               
geoducks  is Panopea  abrupta and  that it  was previously  named                                                               
Panopea generosa.  She further  explained that there are a couple                                                               
of  species  in the  Panopea  genus  that  are found  within  the                                                               
Northwest  Region.   She  offered to  supply  the committee  with                                                               
further information in regard to the different species.                                                                         
                                                                                                                                
2:34:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  asked whether it  would be possible  for geoducks                                                               
to extract  only their  favorite food from  the water  column and                                                               
thereby cause a bloom of other species in the water column.                                                                     
                                                                                                                                
MS. PRING-HAM said she is  unfamiliar with how much phytoplankton                                                               
a  geoduck utilizes  and that  she did  not believe  research has                                                               
been done on  that particular issue.  She  further explained that                                                               
geoducks only  eat phytoplankton,  not zooplankton.   In response                                                               
to  additional questions,  she  said  that phytoplankton  migrate                                                               
within  the  water  column and  would  not  photosynthesize  when                                                               
located in deep  water, but that photosynthesis  would occur when                                                               
the phytoplankton is in the  intertidal zone where there is light                                                               
penetration.   She stated  that there  are a  lot of  unknowns in                                                               
oceanography and she  is unable to answer  whether geoducks could                                                               
cause a bloom.                                                                                                                  
                                                                                                                                
2:36:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  related her assumption that  ADF&G has not                                                               
done research on  geoducks because it has not been  funded by the                                                               
legislature.  She asked if  conducting the research could be done                                                               
without hiring additional personnel.                                                                                            
                                                                                                                                
MS.  PRING-HAM  explained  that ADF&G  does  not  currently  have                                                               
research for geoducks beyond the  reconnaissance surveys that are                                                               
done for the commercial fishery.   She expressed her belief that,                                                               
unless  priorities   are  changed  by  the   ADF&G  commissioner,                                                               
additional  money  would  be  needed for  hiring  more  staff  to                                                               
conduct  the research  because current  employees are  working at                                                               
their limit.   She said  that an option  to hiring more  staff is                                                               
going  out to  contract;  for  example much  of  the research  on                                                               
geoducks in Washington  state is being done by  the University of                                                               
Washington.                                                                                                                     
                                                                                                                                
2:38:23 PM                                                                                                                    
                                                                                                                                
JEFF  HETRICK,   Director,  Alutiiq  Pride   Shellfish  Hatchery,                                                               
explained that  in some states  triploidy or tetraploidy  is used                                                               
as a management tool to  alleviate the concerns for introductions                                                               
in terms  of having  reproductive stocks.   He  said that  in his                                                               
opinion this technology  is proven for oysters but  not for other                                                               
shellfish  species and  that current  technology would  not solve                                                               
the  issues being  discussed  by  the committee.    In regard  to                                                               
geoducks becoming  reproductive and filling up  the water column,                                                               
he stated  his belief that  having a lot  of geoducks would  be a                                                               
good thing because then there would be a lot of wealthy people.                                                                 
                                                                                                                                
MR.  HETRICK,  in response  to  a  question about  triploidy  and                                                               
tetraploidy,  explained that  a  chemical  is introduced  shortly                                                               
after the fertilization process  to change the chromosomal makeup                                                               
of  the fertilized  egg and  render it  sterile.   Making oysters                                                               
non-reproductive  is done  not only  because  of the  introduced-                                                               
species issue, but  also as a market-quality  issue since oysters                                                               
become gooey  and unmarketable when  they go into  a reproductive                                                               
state.  He  explained that the problem with triploidy  is that it                                                               
is not 100 percent effective in producing sterility.                                                                            
                                                                                                                                
2:43:08 PM                                                                                                                    
                                                                                                                                
DAVID OTNESS,  shellfish grower,  informed the committee  that he                                                               
was involved with the Egan  Administration during the creation of                                                               
the first salmon  hatcheries.  He further  informed the committee                                                               
that  more  recently   he  was  a  member   of  Governor  Palin's                                                               
transition  team  for  ADF&G.    He  said  the  relationship  [of                                                               
shellfish growers]  with ADF&G has been  disappointing because of                                                               
the agency's fears.   He estimated that a  geoduck industry could                                                               
be  worth several  hundred million  dollars  a year  and that  he                                                               
would  like  to  see  a  paradigm  shift  to  mariculture  as  is                                                               
happening in the  rest of the world.  In  response to a question,                                                               
he stated that he is not in favor of fish farms.                                                                                
                                                                                                                                
MR. OTNESS, in  response to questions about the  Exxon Valdez oil                                                               
spill, stated  that he  was not shellfish  farming at  that time,                                                               
but  that significant  damage  would have  occurred  had he  been                                                               
farming.   He  said he  is  unable to  say  if there  has been  a                                                               
recovery in wild  shellfish from the spill  because periodic die-                                                               
offs occur naturally in shellfish.   He further noted that salmon                                                               
sharks have  increased significantly  since the  establishment of                                                               
fish  hatcheries in  Prince William  Sound.   He also  noted that                                                               
"dogfish"  have moved  from "Southeast"  out to  Kodiak and  that                                                               
they are  a huge nuisance.   He said he believes  that issues are                                                               
not being addressed that could bring back some of the stocks.                                                                   
                                                                                                                                
2:49:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  closed public  testimony after  ascertaining that                                                               
no one else wished to testify.   He said that HB 26 would be held                                                               
over.                                                                                                                           
                                                                                                                                

Document Name Date/Time Subjects