Legislature(2023 - 2024)BARNES 124

01/17/2024 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 177 CRITICAL NATURAL MINERALS PLAN AND REPORT TELECONFERENCED
Heard & Held
+= HB 169 FISHERIES REHABILITATION PERMIT/PROJECT TELECONFERENCED
Heard & Held
         HB 169-FISHERIES REHABILITATION PERMIT/PROJECT                                                                     
                                                                                                                                
1:03:33 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the first order of  business would be                                                               
HOUSE  BILL  NO. 169,  "An  Act  relating  to certain  fish;  and                                                               
establishing  a fisheries  rehabilitation permit."   [Before  the                                                               
committee was CSHB 169(FSH).]                                                                                                   
                                                                                                                                
1:04:19 PM                                                                                                                    
                                                                                                                                
MIKE CRONK, Alaska State Legislature, as prime sponsor, read the                                                                
sponsor statement for HB 169 [original punctuation provided]:                                                                   
                                                                                                                                
     This  legislation  would   allow  individuals,  Alaskan                                                                    
     corporations, school  districts or  other organizations                                                                    
     to apply  for a fish rehabilitation  permit through the                                                                    
     Dept.  Fish  &  Game.  If  the  commissioner  grants  a                                                                    
     permit, the  individuals, Alaskan  corporations, school                                                                    
     districts or  other organizations  would be  allowed to                                                                    
     collect a  limited number of fish,  fertilize and hatch                                                                    
     the eggs  and then place  the un-fed natural  fish back                                                                    
     into the water  where they were taken.  This will boost                                                                    
     the survival  rate of the  fertilized eggs  to emergent                                                                    
     fry stage from around 5 percent to roughly 90 percent.                                                                     
                                                                                                                                
     Similar  types  of   fish  rehabilitation  permits  are                                                                    
     already  allowed  by   the  department  for  scientific                                                                    
     research  or  other  educational  purposes,  but  these                                                                    
     purposes  are limited  and  thus  the data  collection,                                                                    
     fish  rehabilitation   projects  and   fish  population                                                                    
     information is  limited. This  bill allows  the private                                                                    
     sector  and  the  department  to  work  together  in  a                                                                    
     responsible  collaborative   effort  to   increase  the                                                                    
     natural   salmon   populations  and   scientific   data                                                                    
     collection throughout the state.                                                                                           
                                                                                                                                
     This  legislation will  be one  more tool  that can  be                                                                    
     used to ensure  that we both today and,  in the future,                                                                    
     maximize  our   resources  as   stated  in   our  state                                                                    
     constitution.   Thus,   Alaskans  will   benefit   from                                                                    
     Alaska's  natural  fish  resources  to  help  feed  our                                                                    
     families.                                                                                                                  
                                                                                                                                
1:06:32 PM                                                                                                                    
                                                                                                                                
DAVE STANCLIFF, Staff, Representative Mike Cronk, Alaska State                                                                  
Legislature, went through the changes in CSHB 169: Section 1,                                                                   
subsections a-j; Section 2, subsection e; and Section 3.                                                                        
                                                                                                                                
1:10:02 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY invited questions from the committee for                                                                            
Representative Cronk.                                                                                                           
                                                                                                                                
1:10:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked Representative  Cronk to define what                                                               
are "existing propagating permits".                                                                                             
                                                                                                                                
1:10:33 PM                                                                                                                    
                                                                                                                                
MR. STANCLIFF  explained that  the permit is  a new  program that                                                               
would not conflict  with any existing program.  He  said the idea                                                               
of HB 169 is to enhance salmon reproduction by 85 percent.                                                                      
                                                                                                                                
1:11:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER pointed to page  five and inquired if the                                                               
plan is  very expensive or  elaborate and  what would it  take to                                                               
make it happen.                                                                                                                 
                                                                                                                                
1:12:12 PM                                                                                                                    
                                                                                                                                
MR. STANCLIFF  replied the plan  would be very fluid  to maximize                                                               
the returns [of  fish].  He pointed out the  school districts get                                                               
involved to  help teach students  where salmon come from  and how                                                               
to make more of them.                                                                                                           
                                                                                                                                
1:12:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER asked  for more  clarity about  the plan                                                               
and how it relates to HB 169.                                                                                                   
                                                                                                                                
1:12:56 PM                                                                                                                    
                                                                                                                                
MR.  STANCLIFF answered  that he  tried to  address the  question                                                               
from Representative Rauscher but may have misunderstood.                                                                        
                                                                                                                                
1:13:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER said that  he still didn't understand the                                                               
plan and asked  Mr. Stancliff for an explanation of  how the plan                                                               
would work.                                                                                                                     
                                                                                                                                
1:13:18 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  announced that staff  from the Alaska  Department of                                                               
Fish & Game was available to answer questions.                                                                                  
                                                                                                                                
1:13:55 PM                                                                                                                    
                                                                                                                                
FLIP  PRYOR, Aquaculture  Section Chief,  Division of  Commercial                                                               
Fisheries,  of  Alaska  Department  of  Fish  &  Game  introduced                                                               
himself to the committee and remained available for questions.                                                                  
                                                                                                                                
JOE FELKL, Legislative Liaison, Alaska  Department of Fish & Game                                                               
introduced himself  to the committee  and remained  available for                                                               
questions.                                                                                                                      
                                                                                                                                
1:14:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER wanted more clarity  on the plan and what                                                               
it would take to accomplish.                                                                                                    
                                                                                                                                
1:14:49 PM                                                                                                                    
                                                                                                                                
MR. PRYOR directed the committee to  the last page of HB 169 that                                                               
describes how  existing regional  hatcheries would  continue with                                                               
current  management plans  and incorporate  local knowledge  into                                                               
the plan.                                                                                                                       
                                                                                                                                
1:15:43 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  asked Alaska Department  of Fish &  Game legislative                                                               
liaison, Mr. Felkl, to field the question.                                                                                      
                                                                                                                                
1:15:48 PM                                                                                                                    
                                                                                                                                
MR. FELKL  described the last section  of HB 169 as  a conforming                                                               
amendment to  existing regional  salmon plans  and rehabilitation                                                               
plans already in place.                                                                                                         
                                                                                                                                
1:16:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS asked if a  permit isn't issued in a certain                                                               
amount  of time,  then it  does not  come into  effect. She  also                                                               
asked  if  a  number  of   permits  came  in,  would  the  Alaska                                                               
Department of Fish & Game be  able to keep up with granting those                                                               
permit applications.                                                                                                            
                                                                                                                                
1:17:02 PM                                                                                                                    
                                                                                                                                
MR. PRYOR indicated each application  is judged by its' own merit                                                               
and multiple applications  in the same spot would  be analyzed by                                                               
this  brood-stock each  year of  the returning  salmon.   He said                                                               
these  factors would  be taken  into consideration  during permit                                                               
review.                                                                                                                         
                                                                                                                                
1:17:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  followed  up   with  a  comment  that  her                                                               
children  went through  the Anchorage  school  district with  the                                                               
Fish-in-School-project by Alaska Department of Fish & Game.                                                                     
                                                                                                                                
1:18:07 PM                                                                                                                    
                                                                                                                                
MR. PRYOR reiterated HB 169 would  be an extension of the current                                                               
aquatic resources and the same processes for evaluation.                                                                        
                                                                                                                                
1:18:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  HB 169 is  quite different than  a regular                                                               
hatchery.   He understood  the genesis  of the  legislation arose                                                               
from an individual with a  five-gallon bucket that began stocking                                                               
his  own  stream with  fertilized  salmon  eggs in  gravel  bars.                                                               
Representative  McCabe reassured  the members  that HB  169 would                                                               
work in  concert with  the existing  hatcheries around  the state                                                               
and would not serve as a  mechanism to release too many eggs into                                                               
a spawning system.                                                                                                              
                                                                                                                                
1:19:52 PM                                                                                                                    
                                                                                                                                
MR. PRYOR affirmed  each regional hatchery has a  plan for salmon                                                               
enhancement that  would fall  under the same  umbrella as  the HB
169 legislation.                                                                                                                
                                                                                                                                
1:20:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  observed that  the difference  between the                                                               
[five-gallon] "bucket  plan" and  a hatchery  is this  plan would                                                               
take fish  eggs from the river  and redeposit them back  into the                                                               
same river.                                                                                                                     
                                                                                                                                
1:21:17 PM                                                                                                                    
                                                                                                                                
MR. PRYOR maintained  another level of oversight is  a permit for                                                               
fish transport  and where  they go.   He  said the  difference is                                                               
that a  permit is not  necessary for  the program proposed  in HB
169.                                                                                                                            
                                                                                                                                
1:22:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  said the  "bucket plan"  would seem  to be                                                               
closer  to nature  with  the  limit of  500,000  eggs per  person                                                               
instead of releasing eggs from  all over the place into different                                                               
rivers.                                                                                                                         
                                                                                                                                
1:23:01 PM                                                                                                                    
                                                                                                                                
MR. PRYOR replied, yes.                                                                                                         
                                                                                                                                
1:23:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked for a  primer on the different kinds                                                               
of permits for fish hatcheries.                                                                                                 
                                                                                                                                
1:23:46 PM                                                                                                                    
                                                                                                                                
MR. PRYOR replied  there is currently an  aquatic resource permit                                                               
limited  to  vegetational facilities;  the  other  permit is  for                                                               
[undiscernible]   project.     He  said   HB  169   would  assess                                                               
rehabilitation  projects  which  aren't currently  the  focus  of                                                               
Alaska Department of Fish & Game.                                                                                               
                                                                                                                                
1:24:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked why the permits [undiscernible].                                                                   
                                                                                                                                
1:25:08 PM                                                                                                                    
                                                                                                                                
MR. PRYOR replied it is  all in the incubation period--after eggs                                                               
are   fertilized,   they    are   protected   using   streamside,                                                               
temperature-controlled  incubator boxes  safe from  predators and                                                               
freezing conditions.                                                                                                            
                                                                                                                                
1:25:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER appreciated  the sponsor's  goals due  to                                                               
the dire state of the salmon fisheries in Alaska.                                                                               
                                                                                                                                
1:26:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS if  the fiscal note cost  of roughly $48,000                                                               
per year is for the processing of permits.                                                                                      
                                                                                                                                
1:26:19 PM                                                                                                                    
                                                                                                                                
MR. FELKL affirmed that the  fiscal note allows for one part-time                                                               
biologist to be stationed in Juneau.                                                                                            
                                                                                                                                
1:26:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  had a science  question and asked  if there                                                               
are other things to consider on a small-scale with HB 169.                                                                      
                                                                                                                                
1:26:59 PM                                                                                                                    
                                                                                                                                
MR. PRYOR  replied, HB  169 is addressing  egg and  fry survival;                                                               
most places in Alaska where salmon  are struggling are not due to                                                               
a habitat issue  similar to the south, HB 169  would increase the                                                               
number of fry into the spawning system to enhance habitat.                                                                      
                                                                                                                                
1:27:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BAKER  followed   Representative  Mears'  comment                                                               
regarding  the   fiscal  note   that  was   coming  out   of  the                                                               
unrestricted general fund.  He  wondered if the position could be                                                               
repurposed  into an  existing position  at  Alaska Department  of                                                               
Fish & Game due to staff shortages in recent years.                                                                             
                                                                                                                                
1:28:21 PM                                                                                                                    
                                                                                                                                
MR. FELKL said the statewide  aquaculture permitting and planning                                                               
section  has been  reduced in  past years.   He  said the  Alaska                                                               
Department of Fish & Game has  looked at other options and it was                                                               
determined  that  a  part-time  position  is  needed  to  do  the                                                               
additional work.                                                                                                                
                                                                                                                                
1:28:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DIBERT said she was  curious if this [program] was                                                               
happening elsewhere and if we  can learn from other states across                                                               
the nation.                                                                                                                     
                                                                                                                                
1:29:05 PM                                                                                                                    
                                                                                                                                
MR.  PRYOR was  unfamiliar  with  other states  but  said it  was                                                               
similar to aquatic resource permits  that have been issued to the                                                               
Auke Bay Laboratory that produced fish over a 3-year period.                                                                    
                                                                                                                                
1:29:44 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  invited Representative Cronk back  to the testifiers                                                               
table to answer further questions.                                                                                              
                                                                                                                                
1:30:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked Representative  Cronk to elaborate on                                                               
how far  salmon have to  travel up the  Yukon River to  spawn and                                                               
why  HB  169  is  necessary   for  the  Alaska  Native  community                                                               
subsistence, culture, and day-to-day  existence.  He used another                                                               
example from  the Salcha River  in the  Interior that has  one of                                                               
the highest Chinook salmon returns.                                                                                             
                                                                                                                                
1:30:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK said the Yukon  River is a really long river                                                               
with a lot of obstacles for  salmon.  He reported the Yukon River                                                               
is  noticing  the  lowest  returns   of  salmon  in  history  and                                                               
fisherman haven't  been able to  subsistence-fish for  Chinook in                                                               
three  years with  only a  little fishing  for Chum  salmon.   He                                                               
reemphasized  the  program design  in  HB  169 would  essentially                                                               
double the salmon returns that  are happening today.  He insisted                                                               
in years past  he had seen pictures of 40-60  lbs. female Chinook                                                               
in  Eagle with  a substantial  amount of  eggs, however  the fish                                                               
returning  in the  last few  years, have  been much  smaller with                                                               
fewer eggs.  He said the essence  of HB 169 is to return more fry                                                               
to the rivers.   He said the most important  fish--is the fish on                                                               
the table--HB 169 aims to continue that lifeway.                                                                                
                                                                                                                                
REPRESENTATIVE  CRONK  used  the  Gulkana Hatchery  as  a  global                                                               
example that has  produced millions of salmon in  the Gulkana and                                                               
Copper Rivers that have reached the international market.                                                                       
                                                                                                                                
1:33:29 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY invited closing comments.                                                                                           
                                                                                                                                
1:33:35 PM                                                                                                                    
                                                                                                                                
REPRESENATIVE CRONK  appreciated the time and  stated that Alaska                                                               
is at  a crossroads and needs  to do something and  anything that                                                               
can benefit the fishery.                                                                                                        
                                                                                                                                
1:34:15 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY thanked  staff  and set  an  amendment deadline  for                                                               
January 22, 2024.                                                                                                               
                                                                                                                                
CHAIR MCKAY announced that HB 169 was held over.                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB 177 Presentation 1.17.24.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Sponsor Statement version A.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Sectional Analysis version A.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Supporting Document - 2022 Critical Minerals List.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Supporting Document - 2022 U.S. Net Import Reliance over 50 Map.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Supporting Document - 2022 U.S. Net Import Reliance.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB177 Support letter from Alaska Metal Mines.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 169 - Moist Air Incubator Photo.pdf HFSH 4/27/2023 10:00:00 AM
HFSH 5/8/2023 9:00:00 AM
HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 - Gulkana Incubation Picture.pdf HFSH 4/27/2023 10:00:00 AM
HFSH 5/8/2023 9:00:00 AM
HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Support Letter. Copper Valley Chamber of Commerce.pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Support Letter. Mentasta Council.pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Yakutat Support letter Fisheries Enhancement Permit 4.6.17.pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB-169 Sectional Analysis (ver B).pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 - Summary of Changes (A to B).pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Sponsor Statement.pdf HRES 1/17/2024 1:00:00 PM
HB 169