Legislature(2007 - 2008)BARNES 124

02/28/2007 08:30 AM House FISHERIES


Download Mp3. <- Right click and save file as

Audio Topic
08:38:28 AM Start
08:38:57 AM HB134
10:59:23 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 134 PROTECTION OF SALMON SPAWNING WATER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                       February 28, 2007                                                                                        
                           8:38 a.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Kyle Johansen                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 134                                                                                                              
"An Act relating to conservation and protection of wild salmon                                                                  
production in drainages affecting the Bristol Bay Fisheries                                                                     
Reserve; and providing for an effective date."                                                                                  
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 134                                                                                                                  
SHORT TITLE: PROTECTION OF SALMON SPAWNING WATER                                                                                
SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                            
                                                                                                                                
02/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/07       (H)       FSH, RES                                                                                               
02/28/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LORIANNE RAWSON                                                                                                                 
Naknek, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to HB 134, and                                                                     
responded to questions.                                                                                                         
                                                                                                                                
PETER CHRISTOPHER, SR., Member,                                                                                                 
New Stuyahok Limited Corporation                                                                                                
Nushagak District Advisory Board for the Bristol Bay Native                                                                     
Corporation (BBNC)                                                                                                              
New Stuyahok, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support of CSHB 134.                                                                          
                                                                                                                                
RAE BELLE WHITCOMB                                                                                                              
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of CSHB 134, and                                                                      
responded to questions.                                                                                                         
                                                                                                                                
MARILYN KONUKPEOK                                                                                                               
New Stuyahok Limited                                                                                                            
New Stuyahok, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support of CSHB 134.                                                                          
                                                                                                                                
WASSILLIE ILUTSIK                                                                                                               
Aleknagik, Alaska                                                                                                               
POSITION STATEMENT:   Testified in opposition to HB 134.                                                                        
                                                                                                                                
BRUCE JOHNSON                                                                                                                   
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of CSHB 134.                                                                          
                                                                                                                                
TREFON ANGASAN, Board Member                                                                                                    
Alaska Peninsula Corporation                                                                                                    
Contractor for Northern Dynasty                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 134, and                                                                     
responded to questions.                                                                                                         
                                                                                                                                
GLEN ALSWORTH, Mayor                                                                                                            
Lake and Peninsula Borough                                                                                                      
Port Alsworth, Alaska                                                                                                           
POSITION STATEMENT:  Testified on HB 134, responded to                                                                          
questions, and provided a recommendation.                                                                                       
                                                                                                                                
RALPH ANGASAN, President                                                                                                        
Alaska Peninsula Corporation (APC),                                                                                             
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified in opposition to HB 134, and                                                                     
responded to questions.                                                                                                         
                                                                                                                                
GARY NIELSON                                                                                                                    
Kokhanok, Alaska                                                                                                                
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                         
                                                                                                                                
RANDY ZIMIN                                                                                                                     
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                         
                                                                                                                                
RAYMOND WASSILLIE, Shareholder                                                                                                  
Alaska Peninsula Corporation (APC)                                                                                              
Member, Lake Iliamna Advisory Committee (AC)                                                                                    
Alaska Boards of Fish and Game                                                                                                  
Newhalen, Alaska                                                                                                                
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                         
                                                                                                                                
EVA NIELSON KING                                                                                                                
South Naknek Village Council                                                                                                    
South Naknek, Alaska                                                                                                            
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                         
                                                                                                                                
MARLENE NIELSEN                                                                                                                 
Kokhanok, Alaska                                                                                                                
POSITION STATEMENT:  Testified in opposition to HB 134, and                                                                     
responded to questions.                                                                                                         
                                                                                                                                
KEVIN JENSEN                                                                                                                    
Pedro Bay, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                         
                                                                                                                                
GABRIEL ANDREW                                                                                                                  
Stuyahok Limited                                                                                                                
New Stuyahok, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support of CSHB 134, and                                                                      
responded to questions.                                                                                                         
                                                                                                                                
NICK LEE                                                                                                                        
Bristol Bay Driftnetters Association                                                                                            
Seattle, Washington                                                                                                             
POSITION STATEMENT:  Testified in support of CSHB 134.                                                                          
                                                                                                                                
VALLE PETERSON                                                                                                                  
South Naknek, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support of CSHB 134.                                                                          
                                                                                                                                
SCOTT BRENNAN                                                                                                                   
Chief Operating Officer                                                                                                         
Renewable Resources Coalition                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of CSHB 134.                                                                          
                                                                                                                                
STEVE BORELL, Executive Director                                                                                                
Alaska Miners Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                         
                                                                                                                                
LINDSEY BLOOM,                                                                                                                  
Alaska Independent Fisherman's Marketing Association (AIFMA)                                                                    
Bristol Bay Driftnetters Association (BBDA)                                                                                     
Contractor, Trout Unlimited                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Testified  in  support  of  HB  134,  and                                                               
responded to questions.                                                                                                         
                                                                                                                                
JASON BRUNE, Executive Director                                                                                                 
Resource Development Council (RDC)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  in opposition  to  HB 134,  and                                                               
responded to questions.                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  8:38:28  AM.    Representatives                                                             
Wilson,  Johnson, Johansen,  LeDoux, and  Edgmon were  present at                                                               
the call to order.   Representative Holmes arrived as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
8:38:57 AM                                                                                                                    
                                                                                                                                
HB 134-PROTECTION OF SALMON SPAWNING WATER                                                                                    
                                                                                                                                
8:39:51 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the only order of  business would be                                                               
HOUSE  BILL  NO.  134,  "An  Act  relating  to  conservation  and                                                               
protection of  wild salmon production in  drainages affecting the                                                               
Bristol  Bay Fisheries  Reserve; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
8:41:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  moved that  the committee  adopt proposed                                                               
CS  for  HB  134,  Version 25-LS0381\M,  Kane,  2/22/07,  as  the                                                               
working document.                                                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES objected for discussion.                                                                                  
                                                                                                                                
CHAIR SEATON  announced that Version  M was before  the committee                                                               
[for discussion].                                                                                                               
                                                                                                                                
8:41:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON pointed  out that  the CS  was drafted  to                                                               
include addition language  on page 2, lines 22, and  23.  The new                                                               
paragraphs read:                                                                                                                
                                                                                                                                
     (5) unincorporated communities; or                                                                                         
     (6)  transportation   projects,  energy   projects,  or                                                                    
     seafood processing.                                                                                                        
                                                                                                                                
REPRESENTATIVE  EDGMON explained  that  a controversial  resource                                                               
development project is pending in  Southwestern Alaska, in direct                                                               
correlation  to  the  Bristol  Bay drainage  area;  home  to  the                                                               
world's largest sockeye  salmon fishery.  The  environment in the                                                               
area  is  pristine,  wild,  and  supports  commercial  and  sport                                                               
fishing  industries,  as  well   as  a  generational  subsistence                                                               
lifestyle.  The  intent of the bill is to  bring attention to the                                                               
current  use  of  the  area   in  relationship  to  the  proposed                                                               
development  of  a  non-renewable resource  project,  of  mammoth                                                               
proportions.  He stated that  the constituents, he represents, do                                                               
not believe that  the measures currently in place  are capable of                                                               
protecting the  habitat and wild  fish runs against this  type of                                                               
development.    As  proposed,  CSHB  134  will  ensure  that  any                                                               
development taking place in the  region protects the fishery, and                                                               
that  violations  of  those protections  are  treated  seriously.                                                               
This  bill,  he underscored,  provides  "salmon  comes first  ...                                                               
legislation."  He continued:                                                                                                    
                                                                                                                                
     There are  going to be  those that  say that this  is a                                                                    
     transparent  attempt to  stop  the Pebble  Mine, or  to                                                                    
     stop  any industrial  exploration  out  there. ...  The                                                                    
     intent of  this legislation  is to  protect our  way of                                                                    
     life and to protect our  fisheries first.  What happens                                                                    
     afterward  in terms  of development,  in  terms of  any                                                                    
     other industry coming  in ... that's an  after the fact                                                                    
     matter.  I  also want to put forward that  ... I am not                                                                    
     anti-mining,  I'm  not   anti-development.    I'm  pro-                                                                    
     development and I'm also pro-commercial fisheries.                                                                         
                                                                                                                                
8:44:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EDGMON  described   the  areas   current  mining                                                               
activities:   12  exploration sites,  including the  Liberty Star                                                               
"Big  Chunk"  claim encompassing  153,000  acres,  or 421  square                                                               
miles; and a  proposal by the Bureau of Land  Management (BLM) to                                                               
open up 2.5  million acres of public land for  mineral entry.  He                                                               
acknowledged that  the Bristol Bay  Management Plan  was recently                                                               
rewritten  emphasizing  the  promotion  of  the  regions  mineral                                                               
development.   The two critical  industries to be  considered are                                                               
the historical,  productive fisheries and large  scale mining, of                                                               
a magnitude  never experienced  before in  Alaska.   The [Pebble]                                                               
mine will  be developed in  an area  noted for its  wild abundant                                                               
salmon runs  and other wildlife.   He underscored that  this bill                                                               
raises  the bar  regarding  protective measures  for salmon,  and                                                               
makes a public  statement that "we as a state  ... place a higher                                                               
value on  our existing fisheries  and ...  a higher value  on our                                                               
pristine  wilderness."   This does  not exclude  other industrial                                                               
development,  he  said.    Speaking  directly  to  the  bill,  he                                                               
directed  attention to  the LEGISLATIVE  FINDINGS and  provided a                                                               
brief  review  of  the  creation of  the  Bristol  Bay  Fisheries                                                               
Reserve,  and   the  subsequent  implementation  of   the  Alaska                                                               
National  Interest   Lands  Conservation   Act  (ANILCA).     The                                                               
preservation concepts  of these  two acts, as  well as  Title 16,                                                               
Alaska  Department  of  Fish  &   Game  (ADF&G),  were  the  base                                                               
materials  used  to  draft  HB  134.   Building  on  the  current                                                               
measures,  and  focusing  on  the  five  major  salmon  producing                                                               
watersheds  of  Bristol  Bay,   CSHB  134,  includes  substantial                                                               
violation penalties  for persons,  or corporations.   He detailed                                                               
Section 2, page  2, paragraphs (1) and (2);  the new prohibitions                                                               
proposed as additions to AS Title  16.  He read the exemptions to                                                               
the  prohibitions, as  stipulated in  subsection (b),  paragraphs                                                               
(1)-(6).     Finally,  he  pointed  out   subsection  (c),  which                                                               
establishes the  monetary penalties  to be imposed  on violators.                                                               
He stated that  the bill is "a work in  progress" and invited the                                                               
committee process  to take its  course to create an  improved and                                                               
viable bill.                                                                                                                    
                                                                                                                                
8:52:43 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  invited the  committee  to  ask questions  of  the                                                               
sponsor, prior to the opening of public testimony.                                                                              
                                                                                                                                
8:53:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  acknowledged  that  this  bill  may  have                                                               
unintended consequences,  and asked why  it has not  been limited                                                               
to imposing restrictions on mining;  is there a reason to include                                                               
other forms of development.                                                                                                     
                                                                                                                                
REPRESENTATIVE  EDGMON  explained  that   HB  134  is  not  about                                                               
excluding development,  but it  is about  protecting salmon.   He                                                               
pointed  out that  mining  may  not be  the  only  threat to  the                                                               
fisheries.   Although  it  is not  feasible  to anticipate  every                                                               
possible  future development  that may  have negative  impacts on                                                               
the fish habitat,  he ascertained that it is possible  to craft a                                                               
bill  with stringent  measures to  ensure the  protection of  the                                                               
fisheries.                                                                                                                      
                                                                                                                                
8:55:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  observed that  HB 134  is regional  with a                                                               
primarily effect  on the sponsors  constituents.  She  asked what                                                               
the local residents concerns were,  regarding the proposed mining                                                               
project [Pebble Mine].                                                                                                          
                                                                                                                                
REPRESENTATIVE EDGMON agreed  that the catalyst for  this bill is                                                               
the proposed  Pebble Mine development.   Having canvassed  a good                                                               
portion  of the  region,  he reported  widespread  concern.   The                                                               
residents realize  that there will  be long term impacts,  from a                                                               
mine of  this size.  Concerns  are for irreparable damage,  and a                                                               
lingering, continuous degradation to  the environment, which many                                                               
large scale  mine sites have  demonstrated long  after activities                                                               
have  been completed.    Furthermore,  communities are  receiving                                                               
mixed  messages from  Northern Dynasty,  "of what  the mine  will                                                               
be."   He  reiterated that  the purpose  of HB  134 is  to focus,                                                               
acknowledge, and  support the fishing industry,  as the long-term                                                               
backbone of the regions economic wealth.                                                                                        
                                                                                                                                
8:57:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON referenced page  2, line 20, paragraph (3),                                                               
and express  concern for the word  "future."  She asked  how this                                                               
language  allows for  the possibility  of growth  for the  Native                                                               
communities in the region.                                                                                                      
                                                                                                                                
REPRESENTATIVE  EDGMON   assured  that  "this  bill   is  forward                                                               
looking," and  acknowledged that  some communities  are expanding                                                               
while  some   are  struggling  to  maintain   population.    This                                                               
divergent  nature is  occurring throughout  rural Alaska,  and he                                                               
opined  that the  trend  is for  the populace  to  move to  urban                                                               
areas.   The economic factor has  been a primary reason  for this                                                               
pattern,  and  the  current  high   cost  of  energy  has  become                                                               
prohibitive in the Bush.                                                                                                        
                                                                                                                                
9:01:57 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  requested clarity on  page 2, line 23,  and whether                                                               
the language prohibits the development of oil and gas projects.                                                                 
                                                                                                                                
REPRESENTATIVE EDGMON responded the  intent of that provision was                                                               
not to prohibit such development.                                                                                               
                                                                                                                                
CHAIR SEATON recommended revising the  language, on line 23, in a                                                               
future version of the bill, to clarify the intent.                                                                              
                                                                                                                                
9:02:55 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON called attention to page  2, section 2, lines 20 and                                                               
22,  and queried  the  intent of  the  language "municipal  uses"                                                               
[line  20] and  the stipulation  of "unincorporated  communities"                                                               
[line 22].                                                                                                                      
                                                                                                                                
REPRESENTATIVE EDGMON requested deference  to the drafters of the                                                               
bill for  the specific language crafting,  however, the intention                                                               
is  to  exempt municipal  uses  and  the uses  by  unincorporated                                                               
communities.                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked how  the stipulation  of "uses"  might effect                                                               
tribes,  villages,  or Native  Corporations,  not  listed in  the                                                               
bill,  and if  the  provision  proposes to  exempt  uses but  not                                                               
specific entities.                                                                                                              
                                                                                                                                
REPRESENTATIVE  EDGMON   pointed  out  that  page   2,  line  21,                                                               
paragraph  (4) identifies  "traditional,  cultural"  uses and  he                                                               
suggested  that the  necessary specificity  could  be brought  to                                                               
this section through committee discussion.                                                                                      
                                                                                                                                
9:06:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  requested clarity of the  language on page                                                               
2, lines 17-23, and how the "uses" relate to the entities.                                                                      
                                                                                                                                
REPRESENTATIVE  EDGMON   reiterated  that  this  is   a  drafting                                                               
question,  and pointed  out that  the intent  of the  section has                                                               
been defined.                                                                                                                   
                                                                                                                                
CHAIR SEATON  offered that  the confusion  appears to  be whether                                                               
the  stipulation for  "use" refers  to a  specific entity  or the                                                               
resource use of that entity.                                                                                                    
                                                                                                                                
9:08:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked:                                                                                                    
                                                                                                                                
     What  happens to  transportation,  energy projects,  or                                                                    
     seafood  processing,  which   hasn't  been  authorized,                                                                    
     approved, or  permitted before  the effective  date [of                                                                    
     this act];  like a new  seafood processor ... or  a new                                                                    
     energy project, or a new transportation project.                                                                           
                                                                                                                                
REPRESENTATIVE EDGMON  responded that,  under this  section, such                                                               
projects would be exempted.                                                                                                     
                                                                                                                                
9:08:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN   warned  against elevating  one industry                                                               
above  another.   Southeast  was  once  dominated by  the  timber                                                               
industry,  resulting   in  a   long-term  conflict   between  the                                                               
fishermen and lumber workers.                                                                                                   
                                                                                                                                
CHAIR SEATON  requested that committee  questions to  the sponsor                                                               
be directed towards clarifying the intent of the bill.                                                                          
                                                                                                                                
REPRESENTATIVE JOHNSON asked:                                                                                                   
                                                                                                                                
     If  unincorporated  communities  are exempt  ...,  what                                                                    
     would keep  the nearest  community to Pebble  Mine from                                                                    
     annexing   that  as   part  of   their  community   and                                                                    
     proceeding anyway they chose.                                                                                              
                                                                                                                                
REPRESENTATIVE  EDGMON the  intent  is  to exempt  unincorporated                                                               
communities, during  the course  of ordinary types  of activities                                                               
involving waters  that pertain to  salmon habitat; the  uses that                                                               
are already taking place.                                                                                                       
                                                                                                                                
9:11:48 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON opened public testimony.                                                                                           
                                                                                                                                
9:12:34 AM                                                                                                                    
                                                                                                                                
LORIANNE  RAWSON,  Naknek,  Setnet Commercial  Fisherman,  stated                                                               
opposition  to HB  134, paraphrasing  from a  prepared statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     There used to be 13  operating processing plants in the                                                                    
     Naknek and  Kvichak river systems.   The  Kvichak today                                                                    
     has  none  and  the  Naknek  has  four  operating  each                                                                    
     summer.                                                                                                                    
                                                                                                                                
     In our village  of South Naknek, we  had five operating                                                                    
     processors using four-to-five canning  lines.  Today we                                                                    
     have none.                                                                                                                 
                                                                                                                                
     We  used to  commercial  fish both  Naknek and  Kvichak                                                                    
     river systems, now we are  fishing in a special harvest                                                                    
     area inside  the Naknek River.   The Kvichak  River for                                                                    
     many years has not produced  enough salmon to allow any                                                                    
     commercial  fishing.    The  outside  district  of  the                                                                    
     Naknek  section has  been closed  to  help the  Kvichak                                                                    
     River salmon run shortage.                                                                                                 
                                                                                                                                
     We  used to  be able  to  make our  annual income  from                                                                    
     commercial  fishing.    Currently,  if  we  don't  have                                                                    
     steady employment  which is scarce;  commercial fishing                                                                    
     contributes very little to annual income needs.                                                                            
                                                                                                                                
     Of course you always hear  about the very few fishermen                                                                    
     who do  extremely well.   However they are just  a few.                                                                    
     The majority  of our village fishermen  are setnetters;                                                                    
     our   village  has   approximately  55   salmon  permit                                                                    
     holders.                                                                                                                   
                                                                                                                                
     The processors used to buy  all five species of salmon,                                                                    
     now  in the  Naknek they  only buy  one; sockeye.   Our                                                                    
     season used to start early  June and end late August or                                                                    
     early  September.   Now our  salmon season  at best  is                                                                    
     approximately 4 ½ weeks.                                                                                                   
                                                                                                                                
     Not only do we have low  runs of sockeye to harvest and                                                                    
     very  low  salmon prices,  the  Kvichak  River can  not                                                                    
     produce enough  to allow us  to harvest to make  up the                                                                    
     difference in volume.                                                                                                      
                                                                                                                                
     In  addition  to low  runs  and  low fish  prices,  the                                                                    
     Alaska Board of Fish  places more and more restrictions                                                                    
     on  our  local setnetters.    Last  year we  were  only                                                                    
     allowed  six openings  to twenty-two  openings for  the                                                                    
     drift  fishermen in  the Naknek  River Special  Harvest                                                                    
     Area.  We were forced  by new regulations to remove all                                                                    
     running lines  whether we had  a skiff or not  and many                                                                    
     of our people were  cited because of these unbelievable                                                                    
     regulations.                                                                                                               
                                                                                                                                
     The Alaska Board of Fish  in December 2006 did not hear                                                                    
     us when  many of our village  setnetters gave testimony                                                                    
     and placed  even more  restrictions on  us.   More than                                                                    
     likely we will have even  less fishing time than we had                                                                    
     last season.   The Alaska  Board of Fish caters  to the                                                                    
     lower 48 drift fishermen,  not Alaskans, especially the                                                                    
     setnetters.  We seem to be the enemy.                                                                                      
                                                                                                                                
     I don't  think the Alaska  Department of Fish  and Game                                                                    
     could  give  you  an  answer  why  the  Kvichak  River,                                                                    
     Iliamna Lake,  Lake Clark, Kokhanok  Lake an[d]  all of                                                                    
     the streams can't produce.   Local commercial fishermen                                                                    
     believe the reason is prior years of over escapement.                                                                      
                                                                                                                                
     God only knows when we  will ever be able to commercial                                                                    
     fish  like the  days  Alaska was  a  territory and  our                                                                    
     salmon was under Federal management.                                                                                       
                                                                                                                                
     With  what  I  am  telling   you  about  our  state  of                                                                    
     commercial fishing,  if you were in  our shoes wouldn't                                                                    
     you support  any kind  of natural  resource development                                                                    
     like the Pebble Project?                                                                                                   
                                                                                                                                
     The fish processors have had  120 years to hire locals;                                                                    
     they  did not  in  the  late 1800's  and  still do  not                                                                    
     today.  In just a few  years Pebble Mine has hired more                                                                    
     locals than  the processors  ever did  in the  last 120                                                                    
     years.    The  lodges  do not  hire  locals,  with  one                                                                    
     exception;  one  of the  fine  lodges  in Senator  Gary                                                                    
     Stevens' district  hired "one Native" to  pick up their                                                                    
     garbage.                                                                                                                   
                                                                                                                                
     The  low runs  of the  Kvichak River  and Iliamna  Lake                                                                    
     systems  cannot  be  blamed  on  any  natural  resource                                                                    
     development because there isn't any yet.                                                                                   
                                                                                                                                
     I  am  opposed  to  any legislation  that  will  either                                                                    
     restrict or  make it financially unfeasible  for me and                                                                    
     my family  to live in my  village.  We need  to develop                                                                    
     our  natural  resources.    We   can  not  make  it  on                                                                    
     commercial fishing, we need jobs.                                                                                          
                                                                                                                                
9:17:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON clarified that only one Native Alaskan is                                                                
employed at one of the area lodges.                                                                                             
                                                                                                                                
MS. RAWSON answered, "That is what I was told. ... The lodge                                                                    
owners bring in their own personnel, as well as the seafood                                                                     
processors."                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked how many lodges are in the area.                                                                   
                                                                                                                                
MS. RAWSON estimated that there are more than ten.                                                                              
                                                                                                                                
9:19:06 AM                                                                                                                    
                                                                                                                                
PETER   CHRISTOPHER,   SR.,    Member,   New   Stuyahok   Limited                                                               
Corporation,  Nushagak District  Advisory Board  for the  Bristol                                                               
Bay Native Corporation  (BBNC), stated support for CSHB  134.  He                                                               
called attention  to the City  of New Stuyahok,  Resolution 2007-                                                               
02,  Resolution  Supporting  House  Bill 134,  contained  in  the                                                               
committee  packet;   signed  by   230  of  the   communities  520                                                               
residents.    Everyone in  the  community  are dependent  on  the                                                               
Nushagak River fish  runs, he said, and  detailed the subsistence                                                               
and commercial  harvest of the  river.   He reported on  the high                                                               
volume  of  fish  experienced  in  the  recent  harvests  of  the                                                               
Nushagak River  and stated that  he participates in  the driftnet                                                               
fisheries  in four  districts:   Kvichak,  Igiahk, Nushagak,  and                                                               
Togiak.    Not  only  are  the wild  salmon  a  concern  for  the                                                               
residents  in  these  areas,  but the  freshwater  fish  must  be                                                               
protected, as well.  He  described the subsistence fishing in the                                                               
various waters of  the area, and the importance of  the health of                                                               
these  waters.   He  reported  that New  Stuyahok  is the  second                                                               
largest village  on the  Nushagak River, and  he named  the eight                                                               
villages that have organized to  become the majority shareholders                                                               
of the  BBNC; given  the Yupik  name for  "The Caretakers  of Our                                                               
Land."                                                                                                                          
                                                                                                                                
9:26:29 AM                                                                                                                    
                                                                                                                                
RAE BELLE WHITCOMB,  Dillingham, stated support for HB  134, as a                                                               
subsistence  user and  generational resident  of the  area.   She                                                               
opined  that this  bill  is  an important  means  to support  the                                                               
Native's cultural  way of life.   Furthermore, she said,  the use                                                               
of  the  water  correlates  to every  activity,  for  every  use:                                                               
drinking and  bathing, as  well as  for the fish  and game.   The                                                               
communities  survive on  the food  that the  land supplies.   She                                                               
countered that the lodges will hire  locals who want to work, and                                                               
that they support  the economy in a variety of  ways.  She stated                                                               
concern  that  the   inappropriate  use  of  the   land  will  be                                                               
detrimental to  the villages  and the wildlife:   putting  a road                                                               
through may  effect the caribou  migration pattern,  chemicals in                                                               
the water could  be harmful to the health  of future generations,                                                               
and a dam could cause problems when an earthquake occurs.                                                                       
                                                                                                                                
9:29:45 AM                                                                                                                    
                                                                                                                                
CHAIR   SEATON   inquired   if   Ms.   Whitcomb   would   support                                                               
transportation projects such as road construction.                                                                              
                                                                                                                                
MS.  WHITCOMB  responded   that  if  a  road   were  built  "from                                                               
Dillingham  all the  way through,"  it would  depend on  the use,                                                               
users, and how it is built.                                                                                                     
                                                                                                                                
9:30:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON asked  how  far the  proposed Pebble  Mine                                                               
would be located from Dillingham.                                                                                               
                                                                                                                                
MS. WHITCOMB  answered that it  would be sited about  80-90 miles                                                               
[northeast]  from Dillingham.   However,  she said,  the Nushagak                                                               
River is  huge and  effects a large  area, including  the caribou                                                               
range.  She stressed that this is an issue of protection.                                                                       
                                                                                                                                
9:31:40 AM                                                                                                                    
                                                                                                                                
MARILYN KONUKPEOK, New Stuyahok  Limited, stated support for CSHB
134,  paraphrasing  from  a prepared  statement,  which  read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     I am still,  and plan to be forever, a  resident of New                                                                    
     Stuyahok.  I  am raising my three kids there,  as it is                                                                    
     our place  where we  call home.   I've been  raised and                                                                    
     taught  to  live  a subsistence  life  style  and  yes,                                                                    
     subsistence  is  our  main  source  of  living  in  New                                                                    
     Stuyahok.   I'm instilling  this type of  living within                                                                    
     my  own family,  as  subsistence is  our  way of  life.                                                                    
     Subsistence is  our Yupik  cultural tradition,  and our                                                                    
     cultural  identity.   My people  lived on  the Nushagak                                                                    
     River for  generations to generations.   We the younger                                                                    
     generation have survived living  in the rural living no                                                                    
     matter how  hard the urban  settings get in the  way of                                                                    
     surviving.   We, the  people of  New Stuyahok,  and the                                                                    
     people of  the Nushagak  River are strong  as one.   We                                                                    
     survive because  we know our Yupik  culture traditions,                                                                    
     and live in  a subsistence life style.   We respect our                                                                    
     lands on  the Nushagak  River as  our lands  provide us                                                                    
     our subsistence  way of  life.  We  need to  protect or                                                                    
     Yupik  culture identity,  and  our  subsistence way  of                                                                    
     life.  I'm  asking to be heard on this  issue because I                                                                    
     reside in New  Stuyahok, and also use the  lands on the                                                                    
     Nushagak River.   I am once again in full  favor of the                                                                    
     concepts of CSHB 134.  I'm speaking today on behalf of                                                                     
     myself, my children, and my future grandchildren.                                                                          
                                                                                                                                
9:34:47 AM                                                                                                                    
                                                                                                                                
WASSILLIE  ILUTSIK stated  opposition  to HB  134.   He  reported                                                               
that, in  1995, 5  commercial operators  were located  within the                                                               
Wood Tikchik State  Park.  Business has increased,  and last year                                                               
there were 62, however, these  lodges and guide operators are not                                                               
local; bringing  in their own  workers from the lower  48 states.                                                               
Two years ago, he recalled, eight  men from the village worked to                                                               
get their six pack guiding licenses,  but none of them were hired                                                               
by  the lodges.   Being  a  crewman on  a fishing  vessel pays  a                                                               
variable amount  from $250 to $4,000,  per season.  There  are no                                                               
jobs in the  village, and any type of  economic development would                                                               
be  welcome.   He underscored  that  there are  no Natives  being                                                               
employed by  the seasonal  tourism industry.   He opined  that HB
134 has  been crafted  to stop  the Pebble  Mine project,  but he                                                               
expressed concern that  it could also stop  other needed economic                                                               
development.   In  response  to a  question,  he reiterated  that                                                               
eight village  men were licensed  as guides, but none  were hired                                                               
by the lodges in the area.                                                                                                      
                                                                                                                                
9:38:54 AM                                                                                                                    
                                                                                                                                
BRUCE JOHNSON stated support for HB  134, and reported that, as a                                                               
commercial fisherman along  the Nushagak River, he  has been able                                                               
to support  his family.   He acknowledged the  economic hardships                                                               
of the area, and underscored that a  mine is not the answer.  The                                                               
potential damage, that the mining  development could cause, would                                                               
be devastating and long lasting.   Although some employment would                                                               
be created for a  period of time, it would be at  the cost of the                                                               
renewable natural resources and subsistence  needs; a way of life                                                               
could  disappear   forever.    Village  life   is  difficult,  he                                                               
admitted, and  putting a few  people to  work would be  good, but                                                               
not at  the ecological risk level  that projects on the  scale of                                                               
the Pebble Mine present.                                                                                                        
                                                                                                                                
9:41:31 AM                                                                                                                    
                                                                                                                                
TREFON  ANGASAN,  Board   Member,  Alaska  Peninsula  Corporation                                                               
(APC), Contractor  for Northern Dynasty, stated  opposition to HB
134.   He reported that he  and his wife are  driftnet and setnet                                                               
permit holders,  respectively, and  live a  subsistence lifestyle                                                               
common to the area.  The  issues raised are all valid, he opined,                                                               
but  this  bill  would  eliminate  subsistence  in  Bristol  Bay.                                                               
Subsistence  is  managed by  the  state,  as  a priority  use  on                                                               
unclassified lands.   By classifying  this 22 million acres  as a                                                               
refuge,  other  user  groups  will  be  competing  for  the  same                                                               
resource.    Additionally, a  refuge  is  not managed  under  the                                                               
system of  local advisory committees  cooperating with  the Board                                                               
of Fisheries.   A  governor appointed citizen  group would  be in                                                               
control.   In  this  way,  he predicted,  the  Natives will  lose                                                               
subsistence opportunities.  He reminded:                                                                                        
                                                                                                                                
     When we  have competition for resources  ... throughout                                                                    
     history the Native people have  lost.  They have always                                                                    
     lost. ...  Subsistence is not  regulated as  a priority                                                                    
     on  refuges.   It's just  not.   Who are  we trying  to                                                                    
     protect  here, look  a  the record:    1800 permits  in                                                                    
     Bristol  Bay;  less  than  700  permits  are  owned  by                                                                    
     Alaskan   residents.       What   about   the   village                                                                    
     corporations.  The  22 million acres of  land that this                                                                    
     area is  going to encompass, they  lose the opportunity                                                                    
     to develop the land that ANCSA  gave them.  In my mind,                                                                    
     that's a  "taking," because ...  we selected  lands, as                                                                    
     village  corporations,  based  on the  opportunity  for                                                                    
     economic  development  and   the  sub-surface  resource                                                                    
     opportunities.   Those restrictions  were not  in place                                                                    
     when we ... selected those  lands.  Now this regulation                                                                    
     will  curtail that,  because our  lands  are along  the                                                                    
     river bank.                                                                                                                
                                                                                                                                
9:45:45 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  interjected  that  HB 134  does  not  establish  a                                                               
refuge.                                                                                                                         
                                                                                                                                
MR.   ANGASAN  maintained   that   his  concerns   are  for   the                                                               
restrictions to be  imposed by HB 134, and the  22 million acres,                                                               
encompassed with  the five  Bristol Bay  watersheds named,  to be                                                               
regulated under the regime as a refuge.                                                                                         
                                                                                                                                
CHAIR SEATON stated that Legal  Services will be asked to clarify                                                               
management regulations for a refuge vs. a reserve.                                                                              
                                                                                                                                
MR.  ANGASAN  commented  that  a   reserve  is  created  for  the                                                               
protection of the  resource, which is usually good.   However, he                                                               
elaborated:                                                                                                                     
                                                                                                                                
     In this  case it's  like killing a  gnat with  a sledge                                                                    
     hammer.  Because  you're going to kill  the mine, which                                                                    
     is a  gnat in  the eyes  of the  other use  groups; the                                                                    
     other $400  million revenue  that's generated  from the                                                                    
     sport  fish  community,  and  all  of  the  subsistence                                                                    
     users. ...  The subsistence users will  lose. ... We're                                                                    
     going to be back here in  50 years telling you that the                                                                    
     subsistence people  have lost,  because they  no longer                                                                    
     have a subsistence priority under this regulation.                                                                         
                                                                                                                                
MR. ANGASAN  stressed his  concern for  the "taking"  aspect that                                                               
clouds this issue.  A provision  would need to be inserted in the                                                               
bill to compensate for the loss.                                                                                                
                                                                                                                                
REPRESENTATIVE  EDGMON stated  that the  Bristol Bay  Reserve has                                                               
existed since  1972, without compromising subsistence  use in the                                                               
area and that the intent of HB 134 is to maintain that status.                                                                  
                                                                                                                                
9:49:44 AM                                                                                                                    
                                                                                                                                
GLEN  ALSWORTH,   Mayor,  Lake  and  Peninsula   Borough,  stated                                                               
opposition to HB  134, and offered that "the law  is only as good                                                               
as  our commitment  to enforcing  the law."   To  create a  large                                                               
special management  area without  the funding for  enforcement is                                                               
pointless.   It is currently  difficult for the "state  folks" to                                                               
respond to  common fish and game  violations, due to the  lack of                                                               
financing to afford the necessary staff.  As Mayor, he stated:                                                                  
                                                                                                                                
     We  really   believe  that  economic   development  and                                                                    
     environmental protection  can coexist. ... There  is no                                                                    
     sacrificing  pristine habitat,  ...  healthy fish,  ...                                                                    
     pure water,  those are  not up  for discussion.  ... We                                                                    
     ought to ... be talking about enhancing habitat.                                                                           
                                                                                                                                
MAYOR   ALSWORTH   said   that   HB   l34   removes   land,   via                                                               
reclassification, that  might otherwise bring  economic viability                                                               
to the area, and requested  that the committee consider attaching                                                               
a  fiscal note  to this  legislation to  compensate the  Lake and                                                               
Peninsula  Borough for  these lost  economic opportunities.   The                                                               
communities have been  promised land, and the  ability to develop                                                               
that  land  to  produce  an  economic  base.    If  that  is  not                                                               
available,  the local  tax base  will be  lost and  the residents                                                               
will  survive in  perpetual poverty,  and  be a  parasite to  the                                                               
state  coffers.    He  observed  that  the  bill  allows  certain                                                               
entities  exemptions  to   the  restrictions  otherwise  imposed.                                                               
However,  he underscored  that  no entity  should  be allowed  to                                                               
destroy  habitat, or  create a  detrimental  environment for  the                                                               
salmon;   not    businesses,   residents,    or   municipalities.                                                               
Exemptions are not  the answer.  He maintained  that well written                                                               
law, which  is adequately enforced,  will provide  protection for                                                               
the  environment and  a scenario  in which  the villages  will be                                                               
able to thrive.                                                                                                                 
                                                                                                                                
9:56:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  what action  Mr.  Alsworth  would                                                               
recommend on this bill, if he were voting on it today.                                                                          
                                                                                                                                
MAYOR  ALSWORTH stated  that  he would  table  the bill,  pending                                                               
further  discussion.    The  concept   of  protecting  salmon  is                                                               
important.   However, he noted  that advancing one  resource over                                                               
another is not a gain.                                                                                                          
                                                                                                                                
9:58:28 AM                                                                                                                    
                                                                                                                                
RALPH  ANGASAN,  President,  Alaska Peninsula  Corporation  (APC)                                                               
stated  opposition  to  HB  134,  paraphrasing  from  a  prepared                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     APC [Alaska  Peninsula Corporation] owns  about 400,000                                                                    
     acres of land  in and around three of  the major rivers                                                                    
     that are the  subject of HB 134.   Our holdings include                                                                    
     about 180,000 acres  of land in the  Iliamna Lake area,                                                                    
     about  140,000 acres  of land  along the  Naknek River,                                                                    
     and about 90,000 acres of  land adjacent to the Ugashik                                                                    
     system,  including  Port  Heiden.   APC  has  over  600                                                                    
     shareholders  with  5,000  years of  history  in  those                                                                    
     Bristol Bay drainages.  We oppose HB 134.                                                                                  
                                                                                                                                
     We  want our  children's children  to continue  to live                                                                    
     and work at  home, in Bristol Bay.  HB  134 would strip                                                                    
     any economic or social reason  for any of us to remain.                                                                    
     It  proposes, with  no basis  in science,  no objective                                                                    
     findings whatsoever,  to create a virtual  monopoly for                                                                    
     the  preexisting lodges  and  fish  processors, and  to                                                                    
     foreclose  any new  industry, whether  it be  mining or                                                                    
     oil development,  or alternative  power that  is water-                                                                    
     dependent.                                                                                                                 
                                                                                                                                
     Because the  bill allows for only  existing permits, it                                                                    
     effectively   blocks   any  future   economic   growth.                                                                    
     Communities  along  the  Nushagak would  be  prohibited                                                                    
     from  any extraordinary  growth or  needs for  water or                                                                    
     discharges because the bill  freezes community needs at                                                                    
     "existing  and  ordinary  present  and  future  needs."                                                                    
     Naknek,  King Salmon,  and  South  Naknek cannot  grow.                                                                    
     The exploration  now occurring with[in] 2  miles of the                                                                    
     Naknek River  for geothermal sources would  likely come                                                                    
     to a grinding halt.                                                                                                        
                                                                                                                                
     HB 134  would fine  my corporation  up to  $1,000,000 a                                                                    
     DAY  if we  filled in  a  bog.   It would  fine my  few                                                                    
     shareholders who could still eke  out a living in their                                                                    
     communities  for riding  their four  wheelers over  the                                                                    
     bogs of  our lands in  the summer, for  causing adverse                                                                    
     affect -  like tire tracks.   But, with fish  prices at                                                                    
     60 cents a pound, and fuel  at over $5.00 a gallon, and                                                                    
     electricity at  40 cents  a kilowatt  hour, and  no new                                                                    
     opportunities, perhaps  there won't  be much  4 wheeler                                                                    
     traffic.   Bristol  Bay is  already in  severe economic                                                                    
     crisis.   It is rapidly losing  population.  Increasing                                                                    
     the  pressure  on us  will  only  increase the  outward                                                                    
     migration and depression in the region.                                                                                    
                                                                                                                                
     HB  134  will  increase outward  migration.    Because,                                                                    
     under  HB   134,  there  won't  be   any  new  economic                                                                    
     opportunities.     Only   uses  presently   authorized,                                                                    
     approved and  permitted at the  time of the bill.   The                                                                    
     few remaining  salmon processors are covered.   That is                                                                    
     probably why  fish processors  donated to  the campaign                                                                    
     of  the  sponsor  of  HB  134.    But  maybe  my  great                                                                    
     grandchildren do not  want to gut fish in  order to eke                                                                    
     out a living.                                                                                                              
                                                                                                                                
     Perhaps they can go to  work at a silk-stocking fishing                                                                    
     lodge for  peanuts.  That  is perhaps why  lodge owners                                                                    
     donated to the sponsor of  the bill.  But lodge owners'                                                                    
     responsibilities are  only to  their families,  nor are                                                                    
     their  families struggling  to make  ends  meet as  the                                                                    
     community  they live  in dwindles,  its schools  closed                                                                    
     for lack of population.   I have over 600 shareholders'                                                                    
     futures to worry about.  And  they can't all work for a                                                                    
     few lodges, even if they wanted to.                                                                                        
                                                                                                                                
     The sponsor  of this bill is  in the hands of  the rich                                                                    
     and  powerful  who want  to  convert  Bristol Bay  into                                                                    
     their colony, and keep it  there.  Fish rich and people                                                                    
     poor.  That is not my  vision, and it is not the vision                                                                    
     of my people.   We can preserve our  salmon fishery and                                                                    
     still diversify.  Without HB 134.                                                                                          
                                                                                                                                
     HB 134,  in fact, is not  the vision of Framers  of the                                                                    
     Alaska  Constitution.   The Framers  guaranteed us  the                                                                    
     right  of   water  appropriation,  regardless   of  the                                                                    
     watershed, and  prohibited laws that  divest us  of the                                                                    
     use  of waters,  our  interests in  the  lands and  the                                                                    
     right to earn a living on our own.                                                                                         
                                                                                                                                
     HB 134  goes too far.   Every stream, every  bog, every                                                                    
     aquifer,  every  swamp and  lake  that  is in  any  way                                                                    
     interrelated  to   or  connected  with   the  Nushagak,                                                                    
     Ugashik,  Egegik,  Naknek,  or Kvichak  Rivers  is  off                                                                    
     limits  under  HB 134.    Any  use  of other  than  for                                                                    
     drinking  water  is  prohibited unless  it  is  already                                                                    
     permitted.  What about the future?                                                                                         
                                                                                                                                
     The vision  contained in  HB 134 is  the vision  of the                                                                    
     processors to  pay 60  cents/lb for  fish and  send the                                                                    
     profits to  Japan.  It  is the vision of  Anchorage and                                                                    
     Seattle  lodge  owners  and money  managers  to  charge                                                                    
     thousands of dollars  a week for 16 weeks  a summer for                                                                    
     outsiders  to stay  at their  lodges, and  take it  all                                                                    
     home.  Their  vision is to fine some Native  kid on a 4                                                                    
     wheeler  who  goes  through a  blueberry  bog  that  is                                                                    
     connected  in   some  unknown   way  to   the  Kvichak,                                                                    
     thousands of  dollars a day in  fines.  Or to  fine APC                                                                    
     $1,000,000 a day if it  has the audacity to provide for                                                                    
     a  new industry.   That  is  no vision  of the  future.                                                                    
     That is colonialism, and  colonialism should have ended                                                                    
              th                                                                                                                
     in the 19 century.  It is up to you to end it now.                                                                         
                                                                                                                                
REPRESENTATIVE EDGMON  asked for agreement that  everyone, in the                                                               
Bristol Bay  Region, is  a product of  the environment,  and that                                                               
every  residents  relies  heavily  on and  supports  the  natural                                                               
resources/salmon to provide  an income, as well  as a subsistence                                                               
life style.  The witness concurred.                                                                                             
                                                                                                                                
10:06:19 AM                                                                                                                   
                                                                                                                                
GARY  NIELSON stated  opposition  to HB  134,  as a  generational                                                               
fisherman of the area.  At one  time, he said, anyone could go to                                                               
Bristol  Bay, catch  some fish,  and make  a living,  but limited                                                               
entry  was imposed  and took  that  opportunity away.   Then  the                                                               
parks system  came in,  and took  more of  what the  Natives used                                                               
away.   These restrictive bills  limit the economic  and cultural                                                               
development of  the area.   He  opined that  HB 134  would impose                                                               
extreme  limitations  causing  the   villages  to  experience  an                                                               
"economic  and cultural  suicide."   The region  is growing,  but                                                               
with these  limitations "there is no  where to grow to."   Due to                                                               
the  limited entry  system, the  fishing opportunities  have been                                                               
cut in  half.  Although  he owns a  business, it is  difficult to                                                               
stay above the poverty level.   He stressed the need for any type                                                               
of economic  development, mining  or otherwise, that  might bring                                                               
relieve to the area.                                                                                                            
                                                                                                                                
10:08:43 AM                                                                                                                   
                                                                                                                                
RANDY  ZIMIN  stated  opposition  to  HB  134,  as  a  commercial                                                               
fisherman, subsistence user, and business  owner.  He stated that                                                               
he would oppose any type  of further restrictions on "our lands."                                                               
Currently, reserves  and parks already  restrict resource  use by                                                               
the Native people to a "tiny  strip of property."  With this bill                                                               
his home would  be within a refuge.   He contested Representative                                                               
Edgmon's  claim that  the majority  of the  residents support  HB
134,  although he  conceded that  there were  no hard  numbers to                                                               
support the  dispute.   The protection of  the people,  and their                                                               
right to live  in the area, is as important  as the protection of                                                               
the  fish and  water.    He opined,  that  without  some type  of                                                               
economic  activity,  the area  will  die.   "Everything  can  co-                                                               
exist," he said.                                                                                                                
                                                                                                                                
10:11:47 AM                                                                                                                   
                                                                                                                                
RAYMOND  WASSILLIE,  Shareholder   Alaska  Peninsula  Corporation                                                               
(APC);  Member,  Lake  Iliamna Advisory  Committee  (AC),  Alaska                                                               
Boards  of Fish  and  Game, stated  opposition to  HB  134, as  a                                                               
resident of  Newhalen, located  12 miles  from the  site proposed                                                               
for the Pebble  Mine.  He reported the conditions  to be found in                                                               
his community,  prior to  and following  the arrival  of Northern                                                               
Dynasty; performing  exploratory work.  The  presence of Northern                                                               
Dynasty has meant jobs, and  with the possibility for the village                                                               
residents  to  earn  a  wage  "their  hearts  are  lifted."    He                                                               
suggested   tabling  this   bill  as   it  represents   too  many                                                               
restrictions to the Native villages.                                                                                            
                                                                                                                                
10:15:50 AM                                                                                                                   
                                                                                                                                
EVA   NIELSON  KING,   South  Naknek   Village  Council,   stated                                                               
opposition for  HB 134, paraphrasing  from a  prepared statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     House bill  134 introduced by  Rep. Edgmon and  The Jay                                                                    
     Hammond  State Game  Refuge  Proposal  by Senator  Gary                                                                    
     Stevens  (both separate  bills) are  as restrictive  as                                                                    
     all  National Parks  and  Wildlife  Refuges in  Bristol                                                                    
     Bay.   Currently the Bristol  Bay region acre  for acre                                                                    
     is  more  impacted  by   National  Parks  and  Wildlife                                                                    
     refuges than any  other region in Alaska.   In fact the                                                                    
     Bristol Bay  region has the  second largest  state park                                                                    
     in the United States.                                                                                                      
                                                                                                                                
     Either of  the two bills  considered will in  fact stop                                                                    
     any  development  in  our  region.    It  is  an  anti-                                                                    
     development  as  one  could   ever  be.    Village  and                                                                    
     Regional Corporations  will not be able  to develop and                                                                    
     more importantly villages such  as South Naknek will be                                                                    
     choked  from developing  any  needed infrastructure  in                                                                    
     the future.  These bills,  no matter how you read them,                                                                    
     are a  classic example of  a taking by  our government,                                                                    
     of our rights and  development potential.  Remember you                                                                    
     cannot restrict or take away  our rights and privileges                                                                    
     from  village and  regional corporations  including our                                                                    
     village  communities without  legal consideration.   If                                                                    
     you do, it  is a taking and the State  will find itself                                                                    
     in court - without question.                                                                                               
                                                                                                                                
     We  feel it  is  a  sorry state  of  affairs when  some                                                                    
     politicians introduce legislation like  this to pay off                                                                    
     political  debts  to  their   donors  and  for  special                                                                    
     interest groups.                                                                                                           
                                                                                                                                
     Where in the  world is our Alaskan spirit?   Anymore it                                                                    
     seems  it doesn't  matter  if you're  a  Democrat or  a                                                                    
     Republican  -  both parties  are  acting  like the  old                                                                    
     Democrats,  which  is anti-development  and  anti-work.                                                                    
     If you  choke our  village and region  from development                                                                    
     you  better be  prepared to  provide a  lot of  welfare                                                                    
     checks.                                                                                                                    
                                                                                                                                
     In  deed  we are  commercial  fishermen.   However,  as                                                                    
     resident fishermen [we] are a minority.                                                                                    
                                                                                                                                
     For your  information our  village has  lost two-thirds                                                                    
     of our population and our village school is closed.                                                                        
                                                                                                                                
     Because of our commercial  fishing situation, a lack of                                                                    
     catch coupled with  low fish prices has  forced many of                                                                    
     our people  to move to  look for employment.   Gone are                                                                    
     the days  where we as  commercial fishermen can  make a                                                                    
     decent annual  living from it.   Our only hope  is what                                                                    
     Northern Dynasty  is offering  - with  out diversifying                                                                    
     our  economic base  more and  more villagers  will move                                                                    
     out.    We  are  wondering  why  our  State  government                                                                    
     want[s] to  take this potential economic  benefit away.                                                                    
     If you are not going  to permit any mining what exactly                                                                    
     do  you have  that can  replace investments  by private                                                                    
     enterprises?   You  say you  are  only applying  better                                                                    
     safeguards   to   protect   our   resources   by   this                                                                    
     legislation.    Current environmental  protection  laws                                                                    
     and  regulations have  enough  restrictions to  protect                                                                    
     the  environment, although  laws  and regulations  lack                                                                    
     enforcement.                                                                                                               
                                                                                                                                
     By  the way,  do  salmon processing  plants both  shore                                                                    
     based  and off  shore,  including fishing  boats get  a                                                                    
     free pass  to pollute  our waters?   We know  some fish                                                                    
     companies   oppose  the   Pebble  Project   because  of                                                                    
     "environmental  issues",  however  isn't this  the  pot                                                                    
     calling the kettle black?                                                                                                  
                                                                                                                                
     The  fishing industry  has been  polluting our  country                                                                    
     for about  100 years or so,  and our waters -  where is                                                                    
     the  state's oversight?    Why not  come  and dig  some                                                                    
     holes around current  and old cannery sites.   Come and                                                                    
     take  a look  at our  beaches after  a fishing  season.                                                                    
     Why  isn't the  State of  Alaska concerned  about these                                                                    
     polluters?                                                                                                                 
                                                                                                                                
     Do  some get  "free passes"  and others  have to  be as                                                                    
     clean as the driven snow?                                                                                                  
                                                                                                                                
     How about  local employment?  The  fishing industry has                                                                    
     had  over 100  years to  employ our  people.   How many                                                                    
     have they  provided year around  jobs to  (for resident                                                                    
     and other Alaskans)?                                                                                                       
                                                                                                                                
     Northern  Dynasty has  employed more  of our  people in                                                                    
     the last couple of years  than the fishing industry has                                                                    
     in  over a  hundred years.   There  is something  wrong                                                                    
     with  this picture.   Can  you give  us and  our region                                                                    
     some needed support?  Where are you when we need you?                                                                      
                                                                                                                                
     We   feel  you   don't  actually   care  about   better                                                                    
     safeguards,  but  rather  to stop  development  PERIOD.                                                                    
     Why not be  honest with us with your  true intentions -                                                                    
     that  this is  paying your  political debts,  providing                                                                    
     for  special  interest   groups;  sport  fishing  lodge                                                                    
     owners, sports outfitters, sports  fishermen, etc.  And                                                                    
     killing  any development  opportunities  -  why not  be                                                                    
     honest?                                                                                                                    
                                                                                                                                
     Jay  Hammond  was  a fine  person.    However,  another                                                                    
     refuge  will not  provide a  viable living  for us  who                                                                    
     live in villages.  People  from our village are a proud                                                                    
     people  who   want  benefits  of  a   more  diversified                                                                    
     economy.   Therefore, I  am opposed  to Senate  Bill 67                                                                    
     which provides  for the Hammond Game  Refuge in Bristol                                                                    
     Bay  Headwaters and  House Bill  134 which  expands the                                                                    
     Bristol Bay Fisheries Reserve.                                                                                             
                                                                                                                                
10:20:40 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  cautioned the speakers  that this hearing is  to be                                                               
used solely  for the purpose  of addressing issues related  to HB
134,  and that  witnesses should  demonstrate proper  respect for                                                               
everyone present and  refrain from using it as a  forum to impugn                                                               
anyone.                                                                                                                         
                                                                                                                                
10:21:25 AM                                                                                                                   
                                                                                                                                
MARLENE  NIELSEN stated  opposition to  HB 134,  as a  commercial                                                               
setnetter,  berry   picker,  moose   hunter,  and   processor  of                                                               
subsistence fish.  She stressed  that the area where she conducts                                                               
all of these activities will be  classified as a refuge, with the                                                               
passage of  this bill,  and will  destroy her way  of live.   Her                                                               
ancestors have  lived on  the shores of  Lake Iliamna  for 10,000                                                               
years,  and now  sport fishermen  and  hunters want  to take  the                                                               
rights away.   The bill states that salmon need  to be protected,                                                               
and she  asserted that  no one  knows that  more than  the Native                                                               
people, who could not survive without them.                                                                                     
                                                                                                                                
10:23:18 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES  clarified that HB  134 refers to  but does                                                               
not create  a refuge.  A  bill currently in the  senate addresses                                                               
that subject.                                                                                                                   
                                                                                                                                
CHAIR  SEATON reiterated  that  a  request will  be  made of  the                                                               
sponsor and Legal  Services for a clear  definition of management                                                               
terms; reserve vs. refuge.                                                                                                      
                                                                                                                                
10:24:23 AM                                                                                                                   
                                                                                                                                
KEVIN JENSEN  stated opposition  to HB  134, paraphrasing  from a                                                               
written statement,  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     I am opposed to HB 134  because I don't want to live in                                                                    
     a refuge.   I don't want to worry about  whether or not                                                                    
     my dragging  a couple of  trees in place over  a stream                                                                    
     so that I  can hunt on the other side  is going to earn                                                                    
     me a fine  or jail time.  I don't  want my heritage and                                                                    
     cultural rights to subsist as  my forefathers did to be                                                                    
     stomped on  by a  group of people  intent on  using any                                                                    
     and  all means  at their  disposal to  fight a  process                                                                    
     that has not even begun.   With or without the mine, we                                                                    
     as  a tribal  people manage  our resources  better than                                                                    
     anyone  who has  attempted to  do  so, and  this is  an                                                                    
     historical fact.                                                                                                           
                                                                                                                                
     Our tribe  is preparing  to begin a  waterfront project                                                                    
     that we have  been in need of for quite  some time.  We                                                                    
     are also trying to finish  our new landfill, which will                                                                    
     require a  bridge to reach  the site.  However,  I have                                                                    
     to ask myself  whether or not these  projects will ever                                                                    
     reach fruition  under this bill.   Our children explore                                                                    
     our lands  on foot and  by all terrain vehicle,  is the                                                                    
     use of  these ATVs going  to be a point  of contention?                                                                    
     If  I read  the bill  right,  then yes  they will,  and                                                                    
     that's not something I can agree with.                                                                                     
                                                                                                                                
     To use  our lands and  waters as a fulcrum  to leverage                                                                    
     this body  to pass  laws that  will forever  change the                                                                    
     way  we live  is just  wrong.   I want  to live  on our                                                                    
     ancestral  lands  the  way   we  always  have,  without                                                                    
     "outside" entities  changing our lives without  so much                                                                    
     as a  by your  leave.   I don't  believe this  bill was                                                                    
     created so  much to protect  our waters and fish  as it                                                                    
     was to  shortsightedly tilt at  a windmill  that hasn't                                                                    
     even been built.                                                                                                           
                                                                                                                                
     I implore you to oppose HB  134, not just for my tribe,                                                                    
     but for our descendants.                                                                                                   
                                                                                                                                
10:27:10 AM                                                                                                                   
                                                                                                                                
GABRIEL  ANDREW, Stuyahok  Limited,  stated support  for HB  134,                                                               
referring the ancestral  and future subsistence use  of the land.                                                               
A  subsistence life  style provides  its own  riches.   He stated                                                               
that he works as a land  use agent, which requires him to monitor                                                               
the  sport  fish industry  on  the  Nushagak, Wood  Tikchik,  and                                                               
Nuyakuk  Rivers, and  the  Mulchatna River  drainage.   When  the                                                               
sport  fishing  guides come  in,  they  offer employment  to  the                                                               
villages on the Nushagak River.   A hand full of locals, who have                                                               
their six pack  licenses, have been hired as guides,  and are the                                                               
preferred guides, as they know the  area.  He reported that there                                                               
is direct and indirect, economic  benefit from the seasonal lodge                                                               
operations.   Additionally, some  APC shareholders own  lodges in                                                               
the area, and only employ locals.  He emphasized:                                                                               
                                                                                                                                
     No  fine  is big  enough  to  punish  a mining  or  oil                                                                    
     company  that damages  or  pollutes  any water  system.                                                                    
     Once an area  is poisoned by chemicals, it  will not be                                                                    
     restored; the  damages are permanent.   Any development                                                                    
     that  threatens  our  natural  resources  in  our  area                                                                    
     cannot  support  generations  to  come with  jobs.    A                                                                    
     Canadian mining  company is  not going  to move  in and                                                                    
     replace  our natural  resources.   Their  plans are  to                                                                    
     take the  ... precious  minerals, pollute the  land and                                                                    
     rivers, and a few people would  be put to work.  A few.                                                                    
     ...  But  at  the  cost  of  many  generations  of  [a]                                                                    
     subsistence way of life. ...                                                                                               
                                                                                                                                
10:31:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES referred  to  earlier  testimony that  the                                                               
lodges do not hire locals and asked which is correct.                                                                           
                                                                                                                                
MR.  ANDREW responded  that permits  are issued,  for the  use of                                                               
Bristol  Bay  Corporation (BBC)  lands,  from  which he  draws  a                                                               
salary to  monitor the lodges.   Local  help is hired  to provide                                                               
logistical  support  for lodge  supplies.    Also, in  Ekwok  and                                                               
Koliganek  there  are  local  lodges,  who  hire  local  resident                                                               
guides.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  WILSON queried  how many  of the  60 plus  lodges                                                               
reported, are locally owned by shareholders.                                                                                    
                                                                                                                                
MR. ANDREW answered  that seven lodges are locally  owned, and he                                                               
monitors the use of the corporations land.                                                                                      
                                                                                                                                
10:34:04 AM                                                                                                                   
                                                                                                                                
NICK LEE,  Bristol Bay  Driftnetters Association,  stated support                                                               
for CSHB  134, as  a Bristol Bay  fisherman, paraphrasing  from a                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     I am  for responsible resource management  that ensures                                                                    
     that the  fisheries of  Bristol Bay  remain sustainable                                                                    
     for the  fish as  well as the  fisherman.   The Bristol                                                                    
     Bay  Salmon  fishery  supports  many  jobs  for  people                                                                    
     inside and outside  of the drainage.   It also provides                                                                    
     tax revenues to the local communities.                                                                                     
                                                                                                                                
     I  believe  we need  higher  standards  to protect  the                                                                    
     habitat of the greatest Sockeye  run in the world.  The                                                                    
     stakes are  too high.   Having a massive  tailings pond                                                                    
     straddling the  ridge that divides  the water  sheds of                                                                    
     the Kvichak and Nushagak  river systems scares the hell                                                                    
     out of  me.   There is too  much seismic  activity from                                                                    
     volcanoes  and  earthquakes  to safeguard  the  project                                                                    
     from  an  environmental  disaster.   Small  amounts  of                                                                    
     copper, sulfuric  acid, and cyanide can  be detrimental                                                                    
     to our fish stocks.                                                                                                        
                                                                                                                                
     The  Alaskan Fisheries  have still  not recovered  from                                                                    
     the Exxon  Valdez oil  spill.   The stake  holders have                                                                    
     still not been compensated.                                                                                                
                                                                                                                                
     ASMI with the help of  the State of Alaska has marketed                                                                    
     Wild  Alaskan   Salmon  and  has   differentiated  this                                                                    
     product from  other salmon caught or  farmed elsewhere.                                                                    
     One  of the  biggest  selling points  is our  pristine,                                                                    
     pure water  where our fish  currently live.   Consumers                                                                    
     are very aware  of the health benefits  of wild Alaskan                                                                    
     Salmon.    From the  low  mercury  levels to  the  high                                                                    
     amounts of  omega 3 fatty  acids.  Wild  Alaskan Salmon                                                                    
     is  sold as  a health  supplement.   If  there are  any                                                                    
     issues  with   contaminated  water  in   Bristol  Bay's                                                                    
     streams, lakes or rivers it  will be detrimental to the                                                                    
     marketing of  all Alaskan Salmon.   This will  not just                                                                    
     effect  the marketing  of Bristol  Bay Salmon,  it will                                                                    
     impact the  sales and marketing  of salmon  caught from                                                                    
     Western  Alaska, Kodiak,  Prince William  Sound and  SE                                                                    
     [Southeast].                                                                                                               
                                                                                                                                
     The potential  for economic growth  in the  Bristol Bay                                                                    
     commercial fishery is unknown.   What I can tell you is                                                                    
     that the price in the least  6 years has been as low as                                                                    
     40  cents and  fisherman this  year have  been paid  as                                                                    
     high as  .82 cents/lb.   I believe that the  price will                                                                    
     continue to  increase as our  quality improves  and new                                                                    
     markets  are  developed.   Last  year,  permit  holders                                                                    
     elected  to  form  the  Bristol  Bay  Regional  Seafood                                                                    
     Development  Association  through which  drifters  will                                                                    
     tax themselves 1% of their  profits for product quality                                                                    
     improvements   and   marketing.     This   demonstrates                                                                    
     fishermen's  belief  in  and  desire  to  work  towards                                                                    
     capitalizing  further  on  the  economic  potential  of                                                                    
     Bristol Bay's sustainable commercial fishery.                                                                              
                                                                                                                                
     The  wild Salmon  Protection Act,  along  with the  Jay                                                                    
     Hammond State  Game Refuge  bill will  help all  of the                                                                    
     Alaskan  fisheries  by  enhancing the  pure,  pristine,                                                                    
     contaminant free image of Wild  Alaskan Salmon and help                                                                    
     keep  Bristol   Bay  sustainable   for  the   fish  and                                                                    
     fisherman.                                                                                                                 
                                                                                                                                
10:38:03 AM                                                                                                                   
                                                                                                                                
VALLE  PETERSON stated  support  for HB  134,  as a  generational                                                               
subsistence  fisherman.    She  opined  that  the  bill  supports                                                               
healthy development  and subsistence.   The village  is suffering                                                               
from a lack of jobs,  however, introducing chemicals from adverse                                                               
development  will  impact the  future  Native  generations.   She                                                               
opined that  the results  of chemicals  in the  water may  not be                                                               
evident for  sometime, but may  eventually have a  domino effect.                                                               
"Without  salmon, our  region would  essentially ...  fade away."                                                               
It  is important  to protect  the  image of  Alaska wild  salmon,                                                               
harvested  from pristine  waters,  as a  marketing  tool for  the                                                               
entire state.                                                                                                                   
                                                                                                                                
10:41:17 AM                                                                                                                   
                                                                                                                                
SCOTT  BRENNAN,  Chief  Operating  Officer,  Renewable  Resources                                                               
Coalition,  stated  support  for  HB  134,  paraphrasing  from  a                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The  Renewable  Resources  Coalition  is  a  non-profit                                                                    
     corporation formed  in Alaska,  by Alaskans  to protect                                                                    
     Alaska's  renewable resources  and  the existing  jobs,                                                                    
     families and  communities they support.   The Coalition                                                                    
     also  seeks  to  promote  awareness  of  public  policy                                                                    
     issues  that affect  the well-being  of businesses  and                                                                    
     individuals that  depend upon fish and  game resources.                                                                    
     Our  more   than  300  members  include   many  Alaskan                                                                    
     businesses and  individuals from the  commercial, sport                                                                    
     and  subsistence fishing  communities  and we  strongly                                                                    
     support the  salmon conservation  concepts at  the core                                                                    
     of  HB  134.   While  the  committee process  plays  an                                                                    
     important role  in refining  legislation and  there are                                                                    
     certainly    opportunities   for    word-smithing   and                                                                    
     addressing nuances, the concepts at  the core of HB 134                                                                    
     are sound and we strongly  support them as expressed in                                                                    
     the CS for  HB 134.  I would like  to highlight several                                                                    
     reasons  that we  support stronger  salmon conservation                                                                    
     measures in Bristol Bay.                                                                                                   
                                                                                                                                
     Bristol  Bay's  wild  salmon are  a  powerful  economic                                                                    
     engine for our  state.  In 2005 alone,  the Bristol Bay                                                                    
     salmon  economy  was  worth   more  than  $330  million                                                                    
     dollars with $62 million of  that total coming from the                                                                    
     sportfishing   sector  alone.     Please   include  the                                                                    
     attached   economic   report  from   renowned   Natural                                                                    
     Resource Economist Dr. John  Duffield of the University                                                                    
     of Montana in the record of these deliberations.                                                                           
                                                                                                                                
     Current salmon  protections in Bristol Bay  today range                                                                    
     from non-existent  to inadequate  due in large  part to                                                                    
     the  actions of  the Murkowski  Administration.   These                                                                    
     recent  rollbacks   have  eliminated   the  much-needed                                                                    
     checks  and  balances from  our  system  and have  done                                                                    
     great damage to our ability  to protect clean water and                                                                    
     healthy  wild   salmon  in  Bristol  Bay.     From  the                                                                    
     dismantling  of ADF&G's  Habitat Division  to allowing,                                                                    
     for the  first time in  many, many years,  toxic mixing                                                                    
     zones in  salmon spawning habitat,  the damage  done in                                                                    
     recent  years  is  significant and  serious  cause  for                                                                    
     concern.    HB  134   would  restore  and  improve  our                                                                    
     inadequate salmon habitat  protection and it represents                                                                    
     a step in the right direction.                                                                                             
                                                                                                                                
     For  additional details  regarding the  inadequacy fish                                                                    
     habitat  protection  and  the resulting  risks,  please                                                                    
     consider  the following  statement  offered in  written                                                                    
     testimony  before the  Board of  Fisheries in  December                                                                    
     2006 by Lance Trasky,  former Alaska Department of Fish                                                                    
     and  Game  Habitat  Division  Regional  Supervisor  for                                                                    
     Bristol  Bay.     Please  also  include   Mr.  Trasky's                                                                    
     testimony in its entirety (attached)  in the record for                                                                    
     this  hearing.   "…if  mine  permitting  is allowed  to                                                                    
     proceed under  current state and federal  standards and                                                                    
     permitting  processes the  very large  scale mining  of                                                                    
     sulfide based  copper ore in  the Nushagak  and Kvichak                                                                    
     drainages  will physically  destroy thousands  of acres                                                                    
     of very  high quality spawning and  rearing habitat and                                                                    
     over  time  will  almost  certainly  seriously  degrade                                                                    
     fisheries   habitat   and   fisheries   production   in                                                                    
     downstream portions of these drainages."                                                                                   
                                                                                                                                
     When evaluating  the risks and rewards  associated with                                                                    
     resource  development proposals  and policy  decisions,                                                                    
     it  is   helpful  to  consider  the   economic  benefit                                                                    
     resource development  provides to all Alaskans  and the                                                                    
     risks  that   development  poses.    According   to  an                                                                    
     analysis  commissioned by  Chair Seaton,  in 2005,  the                                                                    
     oil and gas industry paid  20 cents for every dollar of                                                                    
     product  purchased  in Alaska.    That  same year,  the                                                                    
     mining industry  paid all Alaskans 0.7  cents for every                                                                    
     dollar  of hard  rock  minerals purchased  here in  the                                                                    
     state.  This  failure to pay fair market  value for our                                                                    
     resources calls into question the  wisdom of risking an                                                                    
     abundant, renewable  resource economy for  the limited,                                                                    
     short-term  benefits  of   large-scale  mining  in  the                                                                    
     absence   of   adequate   habitat  protections.      In                                                                    
     conclusion,  I would  like to  thank the  committee for                                                                    
     this opportunity to  testify and I urge  you, on behalf                                                                    
     of my  hundreds of members,  to move forward  with your                                                                    
     efforts  to  provide  adequate  protections  for  clean                                                                    
     water and salmon habitat in Bristol Bay.                                                                                   
                                                                                                                                
10:46:20 AM                                                                                                                   
                                                                                                                                
STEVE  BORELL,  Executive  Director, Alaska  Miners  Association,                                                               
stated opposition  to HB  134, and  opined that  the restrictions                                                               
imposed by this bill could serve  to inhibit and deter any mining                                                               
company from ever exploring or investing  in this area.  It would                                                               
also  block   any  other  kind  of   commercial  development,  as                                                               
previously testified.  He opined,  "This bill will guarantee that                                                               
the villages that are in the  area right now will stay where they                                                               
are, or will decrease in viability."                                                                                            
                                                                                                                                
10:47:39 AM                                                                                                                   
                                                                                                                                
LINDSEY  BLOOM stated  support for  HB 134,  paraphrasing from  a                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     I am  a Bristol  Bay Drift  Permit Holder.   I  am here                                                                    
     today representing  the Alaska  Independent Fisherman's                                                                    
     Marketing  Association;  AIFMA   and  the  Bristol  Bay                                                                    
     Drift-netters   Association;   BBDA,   whose   combined                                                                    
     membership   includes  several   hundred  Bristol   Bay                                                                    
     Fisherman.   We strongly support  HB 134.  I  also work                                                                    
     for   Trout  Unlimited   on  a   contract  basis   with                                                                    
     commercial fisheries outreach.                                                                                             
                                                                                                                                
     The Bristol Bay watershed  is an extraordinary resource                                                                    
     that sustains one  of our states greatest  runs of wild                                                                    
     salmon.   It's  hard for  me  to believe  that such  an                                                                    
     extraordinary resource  lacks any  special protections.                                                                    
     In the face of  unprecedented industrial development HB
     134 provides  the critical  standards of  protection to                                                                    
     safeguard  this phenomenal  resource.   The absence  of                                                                    
     such standards  permits unacceptable risks to  fish and                                                                    
     the waters that sustain  the great fisheries of Bristol                                                                    
     Bay.                                                                                                                       
                                                                                                                                
     In passing this bill  lawmakers will lay the foundation                                                                    
     for  responsible  development   of  the  regions  other                                                                    
     resources  without compromising  the fantastic  gift of                                                                    
     renewable  fisheries that  come back  year after  year.                                                                    
     The  alternative:  gambling  the  wild,  pristine,  and                                                                    
     thriving  salmon  of  Bristol   Bay  along  with  local                                                                    
     economy,  and   a  healthy  subsistence   lifestyle  is                                                                    
     completely unacceptable to us.                                                                                             
                                                                                                                                
     The Bristol Bay fishery is  in immediate need of higher                                                                    
     standards  of  protection   because  unlike  any  other                                                                    
     fishery  in the  state, it  has no  special protections                                                                    
     and  is threatened  by mining  development  on a  scale                                                                    
     larger than has ever before been seen in this state.                                                                       
                                                                                                                                
10:51:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON requested copy of the poll.                                                                              
                                                                                                                                
CHAIR SEATON  asked if the  salmon of Bristol Bay  are considered                                                               
to be  more important than the  runs into the Cordova  and Prince                                                               
William Sound  (PWS) areas.  Is  there a reason why  the criteria                                                               
of HB 134 should be enacted  for one region and not another, that                                                               
also hosts a major fishery.                                                                                                     
                                                                                                                                
MS. BLOOM answered  that Bristol Bay is overtly  important due to                                                               
the  harvest  total  production  percentage;  it  represents  the                                                               
largest  piece  of the  pie  for  productivity.   However,  every                                                               
fishery is vital to the state's economy.                                                                                        
                                                                                                                                
CHAIR  SEATON  clarified  that  her testimony  is  based  on  the                                                               
importance of  the fishery to  the economic health of  the state,                                                               
and not to the economic  importance of the individual communities                                                               
that rely on the resource.                                                                                                      
                                                                                                                                
MS. BLOOM  responded that  it is crucially  important on  a state                                                               
scale and to the specific areas.                                                                                                
                                                                                                                                
10:53:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON  reviewing the poll, stated  that what the                                                               
witness quoted was  actually a press release,  from the Renewable                                                               
Resource  Committee.    He  requested that  the  actual  poll  be                                                               
provided to the committee.                                                                                                      
                                                                                                                                
10:54:17 AM                                                                                                                   
                                                                                                                                
JASON  BRUNE, Executive  Director,  Resource Development  Council                                                               
(RDC), stated opposition  to HB 134, explaining  that the diverse                                                               
membership  of the  RDC supports  the responsible  development of                                                               
Alaska's  resources.   He  stated  that  Alaska has  a  stringent                                                               
permit  process that  will  serve  to protect  this  area as  the                                                               
minerals  are developed.   Any  significant project,  proposed in                                                               
the  Bristol  Bay  region  will   be  thoroughly  scrutinized  by                                                               
regulators  throughout  the  extensive large  project  permitting                                                               
project, and the  National Environmental Policy Act  (NEPA).  The                                                               
[Pebble Mine]  may need to seek  as many as 50  state and federal                                                               
permits  prior  to  startup.    The Bristol  Bay  Area  Plan  was                                                               
recently  revised, 2005,  with public  comment, to  recognize the                                                               
mineral development  potential.   Numerous mining  claims already                                                               
exist in  the area,  and he  opined that  the claim  holders have                                                               
valid  rights  to pursue  those  developments.   He  refuted  the                                                               
earlier  testimony given  by  the  Renewable Resources  Coalition                                                               
representative.   As a fish  biologist, and having served  on the                                                               
Essential  Fish Habitat  Committee of  the North  Pacific Fishery                                                               
Management  Council  (NPFMC), he  claimed  that  there are  clear                                                               
protections for salmon habitat.                                                                                                 
                                                                                                                                
10:57:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON questioned that, in  the face of many local                                                               
stakeholders,  the members  of the  RDC are  completely confident                                                               
with the  permitting process that is  in place, not just  for the                                                               
Pebble Mine  Project but  others, which  may develop  to threaten                                                               
the salmon resource.                                                                                                            
                                                                                                                                
MR.  BRUNE  responded  that  HB 134  does  not  add  constructive                                                               
legislation  to  the  existing  process,  but  rather  serves  to                                                               
"eliminate  the potential  for economic  development  in an  area                                                               
that so desperately needs it."                                                                                                  
                                                                                                                                
REPRESENTATIVE EDGMON underscored that this testimony represents                                                                
a disapproval by the RDC for "additional salmon safeguards, out                                                                 
in Bristol Bay."                                                                                                                
                                                                                                                                
10:59:19 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON reminded the committee that testimony provided                                                                     
here, is just that, testimony, and he cautioned against                                                                         
premature interpretation.                                                                                                       
                                                                                                                                
[The motion to adopt CSHB 134, Version M, was left pending.]                                                                    
                                                                                                                                
10:59:23 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 10:59                                                                   
a.m.                                                                                                                            

Document Name Date/Time Subjects