Legislature(2021 - 2022)BUTROVICH 205

03/15/2021 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SJR 8 COMPLETION OF UNIVERSITY LAND GRANT TELECONFERENCED
Moved CSSJR 8(RES) Out of Committee
-- Invited & Public Testimony --
+= SB 64 SHELLFISH PROJECTS; HATCHERIES; FEES TELECONFERENCED
Moved SB 64 Out of Committee
-- Invited & Public Testimony --
*+ SB 79 HUNTING/TRAPPING/FISHING: DISABLED VETS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
          SB  64-SHELLFISH PROJECTS; HATCHERIES; FEES                                                                       
                                                                                                                                
4:05:01 PM                                                                                                                    
CHAIR REVAK  announced the  consideration of  SENATE BILL  NO. 64                                                               
"An Act relating  to management of enhanced  stocks of shellfish;                                                               
authorizing   certain  nonprofit   organizations  to   engage  in                                                               
shellfish enhancement projects; relating  to application fees for                                                               
salmon  hatchery   permits  and  shellfish   enhancement  project                                                               
permits;  allowing  the  Alaska Seafood  Marketing  Institute  to                                                               
market  aquatic farm  products;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
CHAIR  REVAK stated  SB 64  was previously  heard on  February 22                                                               
with    invited   testimony    and   testimony    from   industry                                                               
representatives. The  intention today is  to hear a recap  of the                                                               
bill, ascertain  if there  are further  questions and  engage the                                                               
will of the committee.                                                                                                          
                                                                                                                                
4:05:43 PM                                                                                                                    
SENATOR GARY STEVENS, speaking as  the bill sponsor, stated SB 64                                                             
provides the  legal framework for a  large-scale fishery project.                                                               
The goal is to nurture young  shellfish, such as king crab, razor                                                               
clams and geoducks in their  earliest formative stages to improve                                                               
their odds of survival in the wild.                                                                                             
                                                                                                                                
4:06:15 PM                                                                                                                    
TIM   LAMKIN,  Staff,   Senator   Gary   Stevens,  Alaska   State                                                               
Legislature, Juneau,  Alaska, affirmed Senator  Stevens' comments                                                               
and  added   that  this   bill  strengthens   Alaska's  fisheries                                                               
portfolio.  He noted  many stakeholders  want this  bill to  move                                                               
forward.                                                                                                                        
                                                                                                                                
4:06:50 PM                                                                                                                    
CHAIR REVAK opened public testimony on SB 64.                                                                                   
                                                                                                                                
4:07:10 PM                                                                                                                    
FRANCES LEACH,  Executive Director,  United Fishermen  of Alaska,                                                               
Juneau, Alaska,  testified in  support of SB  64. She  stated the                                                               
United  Fishermen  of  Alaska (UFA)  is  the  largest  commercial                                                               
fishing  organization in  Alaska, composed  of 37  multi-gear and                                                               
regional commercial  fishing groups. She  spotlighted significant                                                               
points  from   the  2014  UFA  "Alaska   Mariculture  Initiative"                                                               
resolution which correspond to this bill:                                                                                       
                                                                                                                                
        • UFA supports environmentally sound programs for                                                                       
          the aquatic farming of shellfish and marine                                                                           
          plants.                                                                                                               
        • UFA supports large-scale aquatic development                                                                          
          projects  which will  open the  door to  renewable                                                                    
          economic  development.  It  will give  the  Alaska                                                                    
          Seafood Marketing Institute  (ASMI) an opportunity                                                                    
          to promote  aquatic farm  products and  a platform                                                                    
          to grow consumership.                                                                                                 
        • UFA supports economic development for Alaska. Ms.                                                                     
          Leach described Washington state's financial                                                                          
          success    to    illustrate   Alaska's    earnings                                                                    
          potential:                                                                                                            
          * Largest producer of farmed shellfish in the                                                                         
             United States with an annual sales value over                                                                      
             $100 million.                                                                                                      
          * Directly and indirectly the industry employees                                                                      
             over 3200 people.                                                                                                  
          * Industry payroll over $27 million.                                                                                  
        * Total economic contribution of $270 million.                                                                          
                                                                                                                                
MS. LEACH shared the environmental  concerns of previous speakers                                                               
and agreed scientific studies, due  diligence and safe permitting                                                               
practices   are  necessary   for  sustainable   development.  She                                                               
expressed  her   belief  that   these  concerns   are  adequately                                                               
addressed in  the bill's environmentally friendly  protocols, and                                                               
the  methods  to increase  a  sustainable  shellfish harvest  are                                                               
sufficiently delineated.                                                                                                        
                                                                                                                                
Ms.  LEACH  stated  in wrap-up  that  mariculture  production  is                                                               
proven to  ameliorate some  environmental challenges,  like ocean                                                               
acidification. She  thanked Senator  Stevens for  introducing the                                                               
bill.                                                                                                                           
                                                                                                                                
4:09:36 PM                                                                                                                    
ALAN  PARKS,  representing  self,  Homer,  Alaska,  testified  in                                                               
opposition  of SB  64. He  stated he  fished commercially  for 38                                                             
years, the bulk  of which was community-based  with local vessels                                                               
and crews  that delivered to shore-based  processors and markets.                                                               
Fishing was his  primary source of income. He served  as a member                                                               
of many  local committees, including the  North Pacific Fisheries                                                               
Management Stellar Sealion  Committee and 10 years  on the Alaska                                                               
Marine Conservation Council.                                                                                                    
                                                                                                                                
MR. PARKS requested  due diligence of this bill  on the following                                                               
two points:                                                                                                                     
                                                                                                                                
First,  a  forensic  audit  of all  salmon  hatcheries  prior  to                                                               
inserting mariculture  loan language  into the  current Fisheries                                                               
Enhancement Loan  Program. He stated  that the language in  SB 64                                                               
is  to   be  written  into   the  statute  that   governs  salmon                                                               
hatcheries,   which   includes    rules   governing   aquaculture                                                               
association  formation,  how  cost  recovery  is  conducted,  and                                                               
access  to  the Fisheries  Enhancement  Loan  Program. Mr.  Parks                                                               
stated  that to  simply remove  salmon and  insert crab  into the                                                               
statute  creates  concerns  about  loan  and  cost  recovery.  He                                                               
brought  up  the Cook  Inlet  Aquaculture  (CIAA) Association  to                                                               
illustrate  how the  Fisheries  Enhancement  Loan Program  works,                                                               
with the  disclaimer that his  intention was  not to pick  on the                                                               
CIAA,  but rather,  it was  the only  hatchery for  which he  had                                                               
data.                                                                                                                           
                                                                                                                                
MR. PARKS  stated loans  are to be  secured with  collateral. The                                                               
CIAA January  15, 2021  balance sheet had  $14 million  in assets                                                               
and  $16  million   in  debt  from  the   Alaska  Fisheries  Loan                                                               
Enhancement Program. The state leases  the Tutka Bay Hatchery for                                                               
$25 per  year to  the CIAA.  On the balance  sheet, the  lease is                                                               
valued at  $484,000 and infrastructure  is valued at  $2 million.                                                               
He stated the  details of the lease were unknown  to him, but the                                                               
infrastructure included buildings with  foundations. The point is                                                               
if  the  CIAA leaves  the  Tutka  Bay  Hatchery,  it is  hard  to                                                               
determine which  property belongs to  the CIAA and  which belongs                                                               
to  the state,  because 3  out of  every 5  fish produced  at the                                                               
Tutka  Bay  Hatchery go  to  the  hatchery  and  2 go  to  common                                                               
property. He recommended the state  do its due diligence prior to                                                               
incurring  more loans,  basically, verify  current loan  programs                                                               
are viable prior to the addition of more loans.                                                                                 
                                                                                                                                
Second, he clarified that he is  not opposed to the promotion and                                                               
enhancement  of crab  but  urges the  legislature  to verify  the                                                               
science is valid prior to  the issuance of new mariculture loans.                                                               
He stated a cookie-cutter approach  to different types of fishery                                                               
loans  is  not  good.  In other  words,  verify  the  mariculture                                                               
enhancement  science is  sound first,  then offer  loans. Do  not                                                               
offer loans first, then verify the science.                                                                                     
                                                                                                                                
4:15:01 PM                                                                                                                    
CHAIR REVAK  asked Mr.  Parks to  email additional  testimony, if                                                               
any, to [sres@akleg.gov].                                                                                                       
                                                                                                                                
4:15:35 PM                                                                                                                    
NANCY  HILLSTRAND,  Owner,  Pioneer Alaskan  Fisheries,  Kachemak                                                               
Bay, Alaska,  testified in opposition  of SB 64. She  stated that                                                               
the  Pioneer  Alaskan  Fisheries  was incorporated  in  1964;  it                                                               
fished crab  and shrimp  for over  50 years  and still  does. She                                                               
also   worked   21   years  for   the   Division   of   Fisheries                                                             
Rehabilitation,  Enhancement,  and  Development  (FRED)  hatchery                                                               
program. She said at that time,  120 people worked for FRED whose                                                               
purpose was to oversee the statutes.                                                                                            
                                                                                                                                
MS. HILLSTRAND stated  the FRED  Division no longer  exists. ADFG                                                               
does not have the capability  to provide adequate oversight for a                                                               
project  of  this scale  nor  is  ADFG  able to  provide  stopgap                                                               
measures  for blunders.  She submitted  an  ADFG internal  review                                                               
publication which details the  noncompliance of salmon hatcheries                                                               
in Prince  William Sound and  resulting problems.  She encouraged                                                               
committee members  to read the  internal review and  although the                                                               
report is a decade old, the  internal review is still relevant as                                                               
the  same issues  persist,  such as,  straying.  She warned  that                                                               
expensive remediation is  inevitable when a lack  of oversight is                                                               
coupled with  a potential mariculture  experiment that  went bad.                                                               
With  only   an  attached  zero   fiscal  note,  the   state  has                                                               
underestimated the cost of the bill, she said.                                                                                  
                                                                                                                                
MS. HILLSTRAND stated salmon  hatchery statutes are underutilized                                                               
and  cited  a mismanaged  permit  issue  as  an example  of  this                                                               
problem.  Although  the  Hatchery  Committee  and  the  Board  of                                                               
Fisheries  are at  work to  correct  this problem,  the Board  of                                                               
Fisheries is supposed  to amend permits. She stated that  it is a                                                               
struggle  to resolve  problems because  no one  will come  to the                                                               
table  and  talk it  out.  She  requested  a  review made  up  of                                                               
impartial people, so group talks  lead to sound decisions and not                                                               
to rely on an appointee for a balanced point of view.                                                                           
                                                                                                                                
4:19:15 PM                                                                                                                    
CHAIR REVAK  closed public  testimony on  SB 64  after discerning                                                               
nobody else wanted to speak.                                                                                                    
                                                                                                                                
4:19:51 PM                                                                                                                    
SAM RABUNG,  Director, Division  of Commercial  Fisheries, Alaska                                                               
Department of  Fish and Game,  Juneau, Alaska,  provided feedback                                                               
on today's testimony regarding SB 64, specifically:                                                                             
                                                                                                                                
        • ADFG owns Tukta Lagoon Bay Hatchery. It is not                                                                        
          leased and  there is no  $25 per month  lease fee.                                                                    
          The hatchery is  contracted to CIAA at  no cost to                                                                    
          the state.  The state  maintains ownership  of the                                                                    
          hatchery   while  CIAA   operates   it  and   pays                                                                    
          associated expenses.                                                                                                  
        • The internal review was written in 2006. Since                                                                        
          that  time,  ADFG  worked  with  the  operator  to                                                                    
          resolve the  internal review concerns.  This issue                                                                    
          has been resolved in writing.                                                                                         
        • All of the hatcheries that operate in the State                                                                       
          of   Alaska  as   private  nonprofits   have  been                                                                    
          individually reviewed; all  of these documents are                                                                    
          published and  available on  the ADFG  website. He                                                                    
          stated  all   hatcheries  comply   with  statutes,                                                                    
          regulations, and policies.                                                                                            
        •  Straying is a valid concern which is why ADFG                                                                        
          established  straying safeguards.  He pointed  out                                                                    
          that  Prince William  Sound  king salmon  releases                                                                    
          began in  the mid-1970s. And since  the mid-1990s,                                                                    
          the king  salmon wild stock returned  three of the                                                                    
          fourth highest  wild stock  returns in  the entire                                                                    
          history  of Prince  William Sound  in the  last 10                                                                    
          years.  So, while  straying  occurs,  it does  not                                                                    
          seem  to have  a  significant  negative effect  on                                                                    
          natural productivity.                                                                                                 
                                                                                                                                
MR. RABUNG explained  that SB 64 is primarily  designed to enable                                                               
restoration,  rehabilitation,  and  enhancement  and  he  offered                                                               
these definitions:                                                                                                              
                                                                                                                                
        • Restoration - bringing a depressed stock back to                                                                      
          its  normal  level  of productivity  that  can  be                                                                    
          naturally  sustained;  re-establishing a  depleted                                                                    
          stock  or an  extirpated stock,  so it  returns to                                                                    
          its natural productivity.                                                                                             
                                                                                                                                
        • Enhancement  providing additional harvestable                                                                         
          surplus above  what can  be naturally  produced in                                                                    
          that area. So,  if you stop the  efforts, it drops                                                                    
          back down  to normal  levels of  productivity. For                                                                    
          example,   Kodiak   king  crab   were   overfished                                                                    
          coincident  with  a   regime  change.  Those  crab                                                                    
          stocks never  recovered. They  still exist  in low                                                                    
          numbers, too  low to have fisheries  for well over                                                                    
          30  years. The  only action  ADFG can  take is  to                                                                    
          keep the fishery closed.                                                                                              
                                                                                                                                
MR. RABUNG stated  this bill gives ADFG another  tool to restore,                                                               
rehabilitate and  enhance stocks. This  applies not only  to king                                                               
crab  in Kodiak,  but abalone  in Southeast,  and razor  clams in                                                               
Cook Inlet, all  examples of projects that could  be permitted if                                                               
this bill were to pass.                                                                                                         
                                                                                                                                
4:24:22 PM                                                                                                                    
GINNY  ECKERT,   Professor  of  Fisheries  and   Ocean  Sciences,                                                               
University  of Alaska,  and Director,  Alaska Sea  Grant, Juneau,                                                               
Alaska,  said she  provided  scientific input  to  this bill  for                                                               
years and  wanted to pass  on some  of her scientific  work which                                                               
addresses concerns.  She described her credentials  which include                                                               
work on The Alaska King  Crab Research and Rehabilitation Biology                                                               
Program,  active  for 10  years.  The  program produced  30  peer                                                               
reviewed  publications  which  focus  on  aspects  of  king  crab                                                               
biology.  The publications  are  useful to  understand king  crab                                                               
biology and king crab fishery  management in general, but equally                                                               
important  is  to  understand potential  detrimental  impacts  of                                                               
enhancement.                                                                                                                    
                                                                                                                                
MS. ECKERT  stated much  of the  programs work  has been  done in                                                               
Kodiak   where  king   crab  are   not  recovering.   Outplanting                                                               
experiments have yet to  produce naturally recurring recruitment.                                                               
So, there  is evidence that  king crab in Kodiak  are recruitment                                                               
limited  and this  appears to  be true  in many  other king  crab                                                               
areas  that  have  crashed.  To better  understand  the  lack  of                                                               
recruitment,  further research  is needed,  and this  bill allows                                                               
the research  to occur. The  next phase of  the project is  to do                                                               
larger  scale  outplanting,  but  until this  bill  passes,  that                                                               
project is on hold.                                                                                                             
                                                                                                                                
MS. ECKERT said she hears  the environmental concerns. She agreed                                                               
restrictions are  necessary; not  just anything should  be placed                                                               
in the ocean at any time.  She stated that safety protocols and a                                                               
review period  are written into  the bill, both of  which address                                                               
safety concerns.  She stated she  is happy to participate  in the                                                               
process in the future to  make sure enhancement is implemented in                                                               
a sustainable manner.                                                                                                           
                                                                                                                                
4:27:12 PM                                                                                                                    
CHAIR  REVAK thanked  the  testifiers and  asked  if members  had                                                             
questions.                                                                                                                      
                                                                                                                                
4:27:23 PM                                                                                                                    
SENATOR MICCICHE stated that he  shares Ms. Hillstrand's concerns                                                               
pertaining to pink salmon releases,  however, he does not see the                                                               
connection  between  pink  salmon  releases  and  this  shellfish                                                               
enhancement bill.  He clarified  that he  does not  speak against                                                               
Ms. Eckert's testimony,  but views pink salmon  releases and this                                                               
bill as two separate issues that are not directly related.                                                                      
                                                                                                                                
4:28:18 PM                                                                                                                    
SENATOR STEVENS  harkened back to  the robust king  crab industry                                                               
in  Kodiak 50  years ago  that  has since  markedly declined.  He                                                               
asked  Ms. Eckert whether  it is  possible to  restore king  crab                                                               
fishing in an area like Kodiak.                                                                                                 
                                                                                                                                
MS. ECKERT answered  that Russia and Norway  introduced king crab                                                               
in the  Barents Sea  successfully in the  1960s. She  stated that                                                               
she was  uncertain how Russia and  Norway did it, but  larvae and                                                               
adults  were  released which  resulted  in  a vibrant  king  crab                                                               
industry  in  both  areas.  Based on  the  successful  king  crab                                                               
fishery in the  Barents Sea, it is possible the  Kodiak king crab                                                               
industry has  recovery potential.  She emphasized that  king crab                                                               
were not  native to the Barents  Sea, and she does  not recommend                                                               
the release of non-native species into the environment.                                                                         
                                                                                                                                
4:30:32 PM                                                                                                                    
CHAIR REVAK found no further  questions or comments and solicited                                                               
the will of the committee.                                                                                                      
                                                                                                                                
4:30:44 PM                                                                                                                    
SENATOR MICCICHE moved  to report SB 64,  work order 32-LS0421\A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
4:30:58 PM                                                                                                                    
CHAIR REVAK  found no objection and  SB 64 was reported  from the                                                               
Senate Resources Standing Committee.                                                                                            

Document Name Date/Time Subjects
SJR08_UnivAK-Land-Grant_Summary-of-Changes_Version A to B.pdf SRES 3/15/2021 3:30:00 PM
SJR 8
SJR08_UnivAK_Landgrant_BillText_Version B.pdf SRES 3/15/2021 3:30:00 PM
SJR 8
SJR08_UnivAK_LandGrant_Research_Presentation_12March2021.pdf HRES 4/12/2021 1:00:00 PM
SRES 3/15/2021 3:30:00 PM
SJR 8
SB 79 - Sectional Analysis version A.pdf SRES 3/15/2021 3:30:00 PM
SB 79
SB 79 - Sponsor Statement version A.pdf SRES 3/15/2021 3:30:00 PM
SB 79
SB064 Nancy Hillstrand oppose 2.22.21.pdf SRES 3/15/2021 3:30:00 PM
SB 64
SB 79 RHAK Support Letter Support 3.15.21.pdf SRES 3/15/2021 3:30:00 PM
SB 79
SB064 Milo Adkinson Oppose 3.15.21.pdf SRES 3/15/2021 3:30:00 PM
SB 64