Legislature(2019 - 2020)BUTROVICH 205

03/16/2020 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 193 ELECTRIC UTILITY LIABILITY TELECONFERENCED
Moved CSSB 193(RES) Out of Committee
-- Public Testimony --
*+ HB 203 TRANSPORTATION OF LIVE CRAB TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
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- Continue to Access Meeting through akleg.gov
**Streamed live on AKL.tv**
+ Bills Previously Heard/Scheduled TELECONFERENCED
               HB 203-TRANSPORTATION OF LIVE CRAB                                                                           
                                                                                                                                
4:29:27 PM                                                                                                                    
CHAIR  MICCICHE reconvened  the  meeting and  announced that  the                                                               
final order  of business  would be  HOUSE BILL  NO. 203,  "An Act                                                               
relating to transportation of live crab."                                                                                       
                                                                                                                                
4:29:52 PM                                                                                                                    
REPRESENTATIVE  GARY  KNOPP,  Alaska State  Legislature,  Juneau,                                                               
Alaska,  sponsor  of HB  203,  said  legislation from  the  1960s                                                               
prohibited   the   surface    transportation   of   live   crabs,                                                               
specifically  the  Dungeness crab,  Tanner  crab,  and King  crab                                                               
species.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KNOPP  explained that  there were two  reasons for                                                               
the  prohibition.  First, to  ensure  crab  landings occurred  in                                                               
Alaskan ports  for fish harvest  ticket recordings for  the State                                                               
to receive revenue from fees  and dues. Second, live crab surface                                                               
transportation in the 1960s resulted in high mortality rates.                                                                   
                                                                                                                                
He  said   technology  changes  in  surface   transportation  has                                                               
resulted  in  cooled  and aeriated  salt  water  containers  that                                                               
maintains  live crab  in excess  of 30  days. In  light of  these                                                               
changes, the  bill lifts  the surface  transportation prohibition                                                               
for live crab.                                                                                                                  
                                                                                                                                
REPRESENTATIVE KNOPP noted that there  is quite a demand for live                                                               
crab  in  high-end  restaurants   on  the  West  Coast.  Alaska's                                                               
prohibition  on surface  transportation  of live  crabs does  not                                                               
allow Alaskan crab fishermen to  compete. Foreign market crab has                                                               
infiltrated the  live crab market. Live  crab has a lot  of value                                                               
and the bill  will help to recoup the live  crab market and bring                                                               
more value to Alaska's end products.                                                                                            
                                                                                                                                
4:33:05 PM                                                                                                                    
INTIMAYO  HARBISON,  Staff,  Representative  Gary  Knopp,  Alaska                                                               
State  Legislature,  Juneau,  Alaska,   said  HB  203  amends  AS                                                               
16.10.240  to remove  restrictions  on the  surface transport  of                                                               
live crab. The  current law places restrictions  on the transport                                                               
of   certain   crab   species   except   via   airfreight   after                                                               
prepackaging.  HB  203  allows   surface  transportation  if  the                                                               
product first  lands in  an Alaskan  port and  is recorded  on an                                                               
Alaska Department of Fish and Game (ADF&G) fish ticket.                                                                         
                                                                                                                                
He  noted that  HB 203  has widespread  support across  the state                                                               
from  the   crabbing  industry,  cities,   processors,  packaging                                                               
companies,  shipping  companies,  and fishing  associations.  The                                                               
Alaska Department  of Public Safety  fiscal note states  that the                                                               
bill provides  an easier mechanism  for enforcement to  track and                                                               
monitor crab.  ADF&G says  that the  legislation does  not impact                                                               
any  of their  programs. The  Alaska Department  of Environmental                                                               
Conservation (DEC) says  that they do not have  any concerns with                                                               
the bill.                                                                                                                       
                                                                                                                                
MR. HARBISON  said the  current statute passed  in the  1960s and                                                               
was revised  in 1996  due to  lost crab  product and  toxins from                                                               
surface transportation versus  air transportation. However, there                                                               
have been  many technological breakthroughs  in the  safe surface                                                               
transportation  of   live  crabs  that  allows   for  maintaining                                                               
freshness for up  to a month without significant  product loss or                                                               
consumer risk.                                                                                                                  
                                                                                                                                
MR. HARBISON  noted that dead-loss  on the shipment of  live crab                                                               
via air  freight can be  high due to improper  packaging, weather                                                               
delays,  and   lack  of   transportation  from   remote  crabbing                                                               
communities. The bill  would allow for high  quality Alaskan crab                                                               
to reach markets despite air freight limitations.                                                                               
                                                                                                                                
He said that  as live crab markets continue to  expand around the                                                               
world, Alaska has fallen behind  due to its statutory limitations                                                               
on  transportation. Industries  in  other  countries are  selling                                                               
live red King crab to U.S.  and Canadian markets that the Alaskan                                                               
crabbing industry could better serve.                                                                                           
                                                                                                                                
MR.  HARBISON  summarized  that the  ability  to  sell  currently                                                               
restricted species in  a larger and more  consistent volume would                                                               
help to  expand consumption  of Alaskan  crab and  bring economic                                                               
opportunities  to Alaskan  crabbing communities,  industries, and                                                               
the state.                                                                                                                      
                                                                                                                                
He noted that the bill passed  unanimously in the Alaska House of                                                               
Representatives.                                                                                                                
                                                                                                                                
4:36:17 PM                                                                                                                    
SENATOR   KAWASAKI  referred   to   subsection   (b)  that   says                                                               
transporting  live crab  by means  of surface  transportation may                                                               
only occur if DEC does not  require processors to test for marine                                                               
toxins  when fishermen  have taken  the crab.  He asked  when DEC                                                               
requires testing for the presence of marine toxins.                                                                             
                                                                                                                                
REPRESENTATIVE KNOPP  replied there was language  in the original                                                               
version  of  the  bill  that allowed  DEC  to  perform  paralytic                                                               
shellfish poisoning  (PSP) and  paralytic shellfish  toxins (PST)                                                               
testing  on Dungeness  crab  only because  the  species lives  in                                                               
shallower water  and is more  susceptible to the PSP  toxins. The                                                               
current version  of the bill  allows DEC  to test any  species of                                                               
crab when they deem necessary.                                                                                                  
                                                                                                                                
4:37:27 PM                                                                                                                    
CHAIR MICCICHE opened public testimony.                                                                                         
                                                                                                                                
4:37:50 PM                                                                                                                    
JAMIE  GOEN, Executive  Director,  Alaska  Bearing Sea  Crabbers,                                                               
Seattle, Washington,  testified in  support of  HB 203.  She said                                                               
the Alaska Bearing Sea Crabbers  is a nonprofit trade association                                                               
representing the  harvesters of  King, Snow,  and Bairdi  crab in                                                               
the Bering Sea and Aleutian  Islands. The association is actively                                                               
involved in fisheries  management, policy development, scientific                                                               
research,  and marketing.  The association  has approximately  70                                                               
vessels in its fleet that fishes in the Bering Sea.                                                                             
                                                                                                                                
MS. GOEN said  allowing live transport of  all commercial species                                                               
of crab via surface transport  in addition to air transport would                                                               
increase flexibility  and market opportunities for  Alaska's crab                                                               
fisheries  and communities.  Given  the  variability in  Alaska's                                                               
crab stocks,  fishermen look  for ways to  increase the  value of                                                               
their product, especially in low  catch years like this one where                                                               
the Bairdi fishery in the Bering Sea closed.                                                                                    
                                                                                                                                
She  stated  that HB  203  would  allow  increased value  of  the                                                               
product by  bringing live  fresh crab to  markets in  addition to                                                               
processed  crab. The  Alaska Bearing  Sea  Crabbers supports  all                                                               
commercial  crab  species:  golden,  red,  and  blue  King  crab;                                                               
Oppilio, Bairdi, and Dungeness.                                                                                                 
                                                                                                                                
MS.  GOEN  said  the  Alaska  Bearing  Sea  Crabbers'  supportive                                                               
position of HB  203 is in alignment with the  United Fishermen of                                                               
Alaska  (UFA). She  disclosed  that the  association  is a  board                                                               
member of UFA.                                                                                                                  
                                                                                                                                
4:38:37 PM                                                                                                                    
SENATOR COGHILL joined the committee meeting.                                                                                   
                                                                                                                                
4:39:26 PM                                                                                                                    
FRANK  KELTY,  Fisheries  Consultant,   City  of  Unalaska,  Palm                                                               
Desert, California,  testified in support  of HB 203. He  said he                                                               
has  been involved  with the  Bering  Sea crab  fishery for  many                                                               
years. He noted  that he was employed as a  seafood plant manager                                                               
for  30 years,  served as  an elected  official for  the City  of                                                               
Unalaska for  20 years, and  served on the  Unalaska/Dutch Harbor                                                               
Advisory Committee  for ADF&G.  He pointed out  that the  City of                                                               
Unalaska is the  largest crab processing community  in Alaska and                                                               
probably in the nation.                                                                                                         
                                                                                                                                
He  stated  that  HB  203  is  a  win-win  for  all  involved  in                                                               
developing  a live  crab market  for low  volume and  high valued                                                               
Bering Sea crab  species. Special containers have been  set up to                                                               
circulate seawater  to keep  the crabs  alive up  to 30  days for                                                               
some species.                                                                                                                   
                                                                                                                                
MR.  KELTY  noted  that  there have  been  successful  live  crab                                                               
shipments of Aleutian  Island golden King crab  using the special                                                               
containers for  many years.  The shipping  of other  crab species                                                               
will increase the harvest value  and allow for development of new                                                               
high-end markets for live crab.                                                                                                 
                                                                                                                                
MR. KELTY  pointed out  that the Alaska  Board of  Fisheries made                                                               
changes  the   previous  week  to   the  Tanner   crab  fisheries                                                               
management plan that would greatly  increase the opportunities to                                                               
transport live crab, including to overseas markets.                                                                             
                                                                                                                                
MR.  KELTY  summarized that  the  shipping  of live  Alaska  crab                                                               
species  by surface  transportation is  in the  best interest  of                                                               
companies involved in live crab  market development and the State                                                               
of  Alaska  for  supporting  increased  economic  development  in                                                               
fisheries.                                                                                                                      
                                                                                                                                
4:43:40 PM                                                                                                                    
CHAIR  MICCICHE  asked  for  a   description  of  the  live  crab                                                               
transportation pods  that have dramatically reduced  dead-loss in                                                               
crabs.                                                                                                                          
                                                                                                                                
MR.  KELTY explained  that  special containers  are  set up  with                                                               
circulating seawater  to keep  the product  alive. He  noted that                                                               
the percentage of dead-loss from  the special containers used for                                                               
transporting golden King  crab has been very low.  He deferred to                                                               
Mr. Poulsen for further explanation.                                                                                            
                                                                                                                                
4:44:34 PM                                                                                                                    
EDWARD  POULSEN, Owner,  GKC Holdings  LLC, Seattle,  Washington,                                                               
testified in support of HB 203.  He stated that HB 203 will allow                                                               
the live transport of all crab species by sea.                                                                                  
                                                                                                                                
He  acknowledged  that he  is  involved  in crab  harvesting  and                                                               
processing  operations in  Dutch  Harbor. Over  the past  several                                                               
years  GKC   Holdings  has  partnered  with   Universal  Seafoods                                                               
(UniSea) to transport live golden  King crab from Dutch Harbor to                                                               
Seattle  using  new   containerized  technology.  Current  Alaska                                                               
statutes  allow  the shipping  of  live  golden  King crab  on  a                                                               
container ship but not Bairdi or red King crab.                                                                                 
                                                                                                                                
MR. POULSEN  said shipping  live crab has  been a  challenge, but                                                               
mortality  rates  are currently  less  than  one to  two  percent                                                               
during  the six-day  journey from  Dutch Harbor  to Seattle.  The                                                               
technology used for transportation  keeps the crab healthy. Large                                                               
closed-system  tanks of  chilled  and aerated  seawater hold  the                                                               
crab  during the  journey. The  crab arrives  in Seattle  healthy                                                               
enough  to allow  for air  shipments to  locations in  the United                                                               
States, Europe, and Asia.                                                                                                       
                                                                                                                                
He explained that  crab can only survive outside of  water for so                                                               
long  before  damage occurs,  which  limits  crab delivered  from                                                               
remote  Alaskan  communities  from  competing in  the  live  crab                                                               
business using air  shipping. Dutch Harbor, which is  home to the                                                               
Bering Sea  crab fleet, has infrastructure  limitations and other                                                               
challenges that makes air service unreliable.                                                                                   
                                                                                                                                
MR.  POULSEN noted  that markets  around the  world have  shifted                                                               
from  cooked frozen  crab to  live as  seen by  the Russians  who                                                               
deliver  directly  to  South  Korea and  China.  The  West  Coast                                                               
Dungeness fishery  sells over  half in live  form. Sales  of live                                                               
crab will  continue to grow  throughout the world. The  reason is                                                               
simple; chefs  being able to cook  their own crab and  prepare it                                                               
the  way they  want  results  in a  better  tasting product.  And                                                               
people are willing to pay a premium for that.                                                                                   
                                                                                                                                
He said  Bairdi and red King  crab are also uniquely  situated to                                                               
benefit from  the growing  live crab  markets. The  Russians have                                                               
already established live  red King crab around  the world. Bairdi                                                               
crab would  be a unique new  product in live form  that fishermen                                                               
know to be the most delicious of the crab coming from Alaska.                                                                   
                                                                                                                                
MR. POULSEN said the coronavirus  has had a significant impact on                                                               
sales  for  both  live  and  frozen crab.  Live  crab  sales  are                                                               
beginning  to  recover  in  China as  cases  of  the  coronavirus                                                               
continue to  decline and business  gets back to  somewhat normal.                                                               
However, Alaska  cannot take advantage of  improving live markets                                                               
for Bairdi  and red King  crab without a  statutory modification.                                                               
Time is of  the essence as having multiple product  forms to sell                                                               
to  customers   during  challenging   times  can  make   all  the                                                               
difference.                                                                                                                     
                                                                                                                                
MR. POULSEN concluded  saying that it is time  for Alaskan BAIRDI                                                               
and red  King crab fishermen  to be  able to participate  in live                                                               
crab  markets. Higher  prices from  developing live  crab markets                                                               
will benefit  crew, vessel  owners, processors,  and communities.                                                               
The work  that GKC Holdings  and UniSea  have done over  the past                                                               
few years  has shown  that the  new containerized  technology can                                                               
successfully ship  live golden  King crab  out of  remote Alaskan                                                               
ports to  market. Modifying  Alaska's statute  as proposed  by HB
203  will allow  participants of  the  Bairdi and  red King  crab                                                               
fisheries to participate in the growing live crab markets.                                                                      
                                                                                                                                
4:48:27 PM                                                                                                                    
CHAIR MICCICHE said his understanding  is the crab transportation                                                               
pods refrigerate  the seawater just  above freezing and  take the                                                               
crab to a semi-hibernation state.                                                                                               
                                                                                                                                
MR.  POULSEN confirmed  that  seawater  in the  32-degree-chilled                                                               
pods allows  the crab to  hibernate. The dark, cold,  and aerated                                                               
environment  does  not  require ammonia  filtration  because  the                                                               
crabs  use   little  oxygen  as   their  metabolism   slows.  The                                                               
technology  has  been  around   for  10-15  years.  However,  the                                                               
statutorial  change  will  allow  for  continued  investment  and                                                               
upgrades to make the technology more applicable to Alaska.                                                                      
                                                                                                                                
CHAIR MICCICHE  agreed that HB  203 is an important  bill because                                                               
the legislature  needs to take all  obstacles out of the  way and                                                               
get the state back to business as soon as possible.                                                                             
                                                                                                                                
4:50:44 PM                                                                                                                    
JEREMY  WOODROW,  Executive  Director, Alaska  Seafood  Marketing                                                               
Institute, Juneau,  Alaska, testified  in support  of HB  203. He                                                               
read  the following  letter of  support from  the Alaska  Seafood                                                               
Marketing Institute (ASMI):                                                                                                     
                                                                                                                                
     Alaska's crab  species are  known worldwide  as premium                                                                    
     products from an  unrivaled ocean environment. Alaska's                                                                    
     crab  species    king, opilio  (snow), bairdi  (Tanner)                                                                    
     and  Dungeness     on an  annual  basis,  represent  12                                                                    
     percent  of   the  total  value  of   all  commercially                                                                    
     harvested  Alaska seafood  species, despite  accounting                                                                    
     for  just one  percent of  the total  catch. The  first                                                                    
     wholesale value  of all  crab species  combined exceeds                                                                    
     $300  million  annually.   Live  crab  sales,  however,                                                                    
     account for  less than 1  percent of this  total, which                                                                    
     can   be  attributed   to  several   factors  including                                                                    
     shipping limitations.                                                                                                      
                                                                                                                                
     Alaska's   crab   is    enjoyed   by   consumers   both                                                                    
     domestically  and  abroad.  However,  in  every  market                                                                    
     where Alaskan  crab is available, a  comparable species                                                                    
     of crab harvested from a  different region in the world                                                                    
     is available  as well. Often,  Alaska crab  species are                                                                    
     undercut by  cheaper foreign  crab with  more favorable                                                                    
     trade   terms.   Increased    competition   and   lower                                                                    
     competitor   prices   negatively  impact   the   market                                                                    
     position  of  one  of   Alaska's  most  prized  seafood                                                                    
     species.                                                                                                                   
                                                                                                                                
MR.  WOODROW noted  that Russia  sells King  crab to  the Chinese                                                               
market at approximately  three times the price  for frozen Alaska                                                               
King crab.                                                                                                                      
                                                                                                                                
MR. WOODROW continued  to read the ASMI letter of  support for HB
203:                                                                                                                            
                                                                                                                                
     Transportation  technology for  seafood  has made  vast                                                                    
     improvements in  recent years. As such,  the ability to                                                                    
     ship live crab  via surface now exists as  it never had                                                                    
     before. This  new technology means  that more  crab can                                                                    
     be  delivered fresh  at  a lower  cost  to the  seafood                                                                    
     company with  less financial risk than  associated with                                                                    
     shipping live crab via air.  Currently, the majority of                                                                    
     Alaska crab  is sold  in the form  of frozen  or cooked                                                                    
     products. However, at  market, live crab is  sold for a                                                                    
     significantly higher price.                                                                                                
                                                                                                                                
     HB 203 will correct  Alaska Statute 16.10.240 and allow                                                                    
     Alaska  processors the  ability  to  capitalize on  the                                                                    
     newfound shipping  technology by expanding  markets for                                                                    
     the  highest  value  product  forms.  HB  203  supports                                                                    
     Alaska's largest  private direct employer  by providing                                                                    
     the  seafood  industry  with  the  tools  necessary  to                                                                    
     compete in  the global market. As  a result, fisherman,                                                                    
     processors, and communities  across Alaska will benefit                                                                    
     from the higher returns of this valuable product.                                                                          
                                                                                                                                
4:53:24 PM                                                                                                                    
CHAIR MICCICHE announced that public testimony will remain open.                                                                
                                                                                                                                
SENATOR  KIEHL asked  ADF&G to  respond  at the  next hearing  to                                                               
whether a  crab-spill from a  container ship would  cause genetic                                                               
breeding concerns.                                                                                                              
                                                                                                                                
CHAIR  MICCICHE stated  that  ADF&G will  be  attending the  next                                                               
hearing.                                                                                                                        
                                                                                                                                
SENATOR  COGHILL  asked if  the  effective  date will  match  the                                                               
timing of the crab fisheries.                                                                                                   
                                                                                                                                
REPRESENTATIVE KNOPP said he would  provide an answer at the next                                                               
hearing.                                                                                                                        
                                                                                                                                
CHAIR MICCICHE  remarked that there  may be a timing  problem for                                                               
the fishery if  there isn't an immediate effective  date. He said                                                               
the committee may add an immediate effective if needed.                                                                         
                                                                                                                                
REPRESENTATIVE KNOPP commented that  Senator Coghill's inquiry is                                                               
valid and it's the first time the question came up.                                                                             
                                                                                                                                
4:55:35 PM                                                                                                                    
CHAIR MICCICHE held HB 203 in committee.                                                                                        

Document Name Date/Time Subjects
HB 203 v. U.PDF SRES 3/16/2020 3:30:00 PM
HB 203
HB 203 Sponsor Statement 3.09.2020.pdf SRES 3/16/2020 3:30:00 PM
HB 203
HB 203 Fiscal Note DFG-DCF 01.25.2020.pdf SRES 3/16/2020 3:30:00 PM
HB 203
HB 203 Fiscal Note DPS-AWT 01.24.2020.pdf SRES 3/16/2020 3:30:00 PM
HB 203
HB 203 Supporting Document - DEC Note 203.2020.pdf SRES 3/16/2020 3:30:00 PM
HB 203
HB 203 Written Testimony 01.28.2020.pdf SRES 3/16/2020 3:30:00 PM
HB 203
SB 193 Draft CS v. K.pdf SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 v. U.PDF SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Sponsor Statement v. U.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Fiscal Note LAW-CIV 03.06.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 White Paper APA 02.25.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Written Testimony APA 02.25.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Written Testimony Chugach Electric Assoc 02.26.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193