Legislature(2007 - 2008)Dillingham

09/26/2007 08:30 AM House FISHERIES


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09:00:26 AM Start
09:01:15 AM HB134
01:17:52 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Dillingham Middle School Gym
+= HB 134 PROTECTION OF SALMON SPAWNING WATER TELECONFERENCED
Heard & Held
<Teleconference Listen Only>
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                       Dillingham, Alaska                                                                                       
                       September 26, 2007                                                                                       
                           9:00 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                                                                                                             
                                                                                                                              
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Carl Gatto                                                                                                       
Representative Mark Neuman                                                                                                      
Representative Bob Roses                                                                                                        
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
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                                                                              
02/28/07       (H)       Heard & Held                                                                                           
02/28/07       (H)       MINUTE(FSH)                                                                                            
03/02/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/02/07       (H)       Heard & Held                                                                                           
03/02/07       (H)       MINUTE(FSH)                                                                                            
03/05/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/05/07       (H)       Heard & Held                                                                                           
03/05/07       (H)       MINUTE(FSH)                                                                                            
05/09/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
05/09/07       (H)       Heard & Held                                                                                           
05/09/07       (H)       MINUTE(FSH)                                                                                            
09/24/07       (H)       FSH AT 4:30 PM Newhalen                                                                                
09/24/07       (H)       Heard & Held                                                                                           
09/24/07       (H)       MINUTE(FSH)                                                                                            
09/25/07       (H)       FSH AT 2:00 PM Naknek                                                                                  
09/25/07       (H)       Heard & Held                                                                                           
09/25/07       (H)       MINUTE(FSH)                                                                                            
09/26/07       (H)       FSH AT 8:30 AM Dillingham                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
NELS JOHNSON                                                                                                                    
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
HENRY STRUB                                                                                                                     
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
ROBERT WASSILY                                                                                                                  
Clarks Point, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support for the concept of HB
134.                                                                                                                            
                                                                                                                                
PATTY LUCKHURST                                                                                                                 
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
CHRIS KLABUNDE, Member                                                                                                          
Dillingham City Council                                                                                                         
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
CINDY ROQUE                                                                                                                     
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  During hearings on HB 134, testified on the                                                              
socioeconomic conditions of rural Alaska, and responded to                                                                      
questions.                                                                                                                      
                                                                                                                                
JACQUELYN WILSON                                                                                                                
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                       
                                                                                                                                
EMILY OLSON, Environmental Coordinator                                                                                          
Village of Clarks Point                                                                                                         
Clarks Point, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
LAWRENCE OLSON                                                                                                                  
Clarks Point, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support of HB 134, and                                                                      
responded to questions.                                                                                                         
                                                                                                                                
JOSEPH WASSILY, Member                                                                                                          
Clarks Point Village Council                                                                                                    
Clarks Point, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support for the concept of HB
134.                                                                                                                            
                                                                                                                                
NORMAN ANDERSON                                                                                                                 
Naknek, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
RON BOWERS                                                                                                                      
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in opposition to HB 134, and                                                                   
responded to questions.                                                                                                         
                                                                                                                                
WASSILLIE ILUTSIK                                                                                                               
Aleknagik, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 134, and                                                                   
responded to questions.                                                                                                         
                                                                                                                                
MARK HERRMANN, Owner                                                                                                            
Warehouse Mountain Farm                                                                                                         
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified with mixed concern on HB 134, and                                                              
responded to questions.                                                                                                         
                                                                                                                                
DAVID BOUKER                                                                                                                    
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
RALPH ANDERSEN                                                                                                                  
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in opposition to HB 134, made                                                                  
recommendations, and responded to questions.                                                                                    
                                                                                                                                
PETER CARUSO, Representative                                                                                                    
Bristol Bay Fisherman's Association (BBFA)                                                                                      
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified in opposition to the original HB
134, and responded to questions.                                                                                                
                                                                                                                                
EVA NIELSEN-KING, Representative                                                                                                
South Naknek Village Council                                                                                                    
South Naknek, Alaska                                                                                                            
POSITION STATEMENT:  Testified in opposition to HB 134, and made                                                              
recommendations.                                                                                                                
                                                                                                                                
JIM WALLMAN                                                                                                                     
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134, with                                                                     
modification.                                                                                                                   
                                                                                                                                
FRANK WOODS                                                                                                                     
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
TED ANGASAN, Representative                                                                                                     
Naknek Tribal Council                                                                                                           
South Naknek, Alaska                                                                                                            
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                       
                                                                                                                                
HARRY WASSILY SR.                                                                                                               
Clarks Point, Alaska                                                                                                            
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
JOHN D. NELSON, JR.                                                                                                             
Kokhanok, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
BILLY MAINES, Member                                                                                                            
Dillingham City Council                                                                                                         
Tribal Environmental Coordinator, (indisc.) Tribal Council                                                                      
Vice Chair, Nushagak Mulchatna Watershed Council                                                                                
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
WILLIAM JOHNSON                                                                                                                 
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:   Testified in support for the  concept of HB
134.                                                                                                                            
                                                                                                                                
SAM FORTIER, Representative                                                                                                     
Alaska Peninsula Corporation                                                                                                    
Newhalen Tribal Council                                                                                                         
King Salmon Tribe                                                                                                               
Twin Hills Native Corporation                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  in opposition  to  HB 134,  and                                                             
responded to questions.                                                                                                         
                                                                                                                                
DAN DUNAWAY                                                                                                                     
Dillingham, Alaska                                                                                                              
POSITION  STATEMENT:    Testified  in  support  of  HB  134,  and                                                             
responded to questions.                                                                                                         
                                                                                                                                
CHENISE NELSON, Student Representative                                                                                          
Dillingham High School                                                                                                          
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
HEIDI ANDREWS Student Representative                                                                                            
Dillingham High School                                                                                                          
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified on HB 134.                                                                                     
                                                                                                                                
TERRY HOEFFERLE                                                                                                                 
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:   Testified on HB  134, made recommendations,                                                             
and responded to questions.                                                                                                     
                                                                                                                                
ANDREW DEVALPINE, Director                                                                                                      
Bristol Bay Coastal Resource Service Area (BBCRSA)                                                                              
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  During hearings  on HB 134, testified on the                                                             
Alaska    Coastal   Management    Program    (ACMP),   and    the                                                               
regulatory/permitting process.                                                                                                  
                                                                                                                                
DEWAYNE JOHNSON                                                                                                                 
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
JOE FAITH                                                                                                                       
Dillingham, Alaska                                                                                                              
POSITION  STATEMENT:    Testified  in support  of  HB  134,  with                                                             
modification.                                                                                                                   
                                                                                                                                
BOBBY ANDREW, Spokesman                                                                                                         
Nunamta Aulukestai                                                                                                              
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
PATRICIA TREYDTE                                                                                                                
Dillingham, Alaska                                                                                                              
POSITION   STATEMENT:      Testified   on  HB   134,   and   made                                                             
recommendations.                                                                                                                
                                                                                                                                
ALICE RUBY, Mayor                                                                                                               
City of Dillingham                                                                                                              
Dillingham, Alaska                                                                                                              
POSITION  STATEMENT:   During  hearings on  HB  134, provided  an                                                             
overview   of  the   socioeconomic   conditions  of   Dillingham,                                                               
testified  in  support  for  the  concept of  HB  134,  and  made                                                               
recommendations.                                                                                                                
                                                                                                                                
DOROTHY B. LARSON                                                                                                               
Dillingham, Alaska                                                                                                              
POSITION  STATEMENT:    Testified  in support  of  HB  134,  with                                                             
modification.                                                                                                                   
                                                                                                                                
GEORGE WILSON JR.                                                                                                               
Levelock, Alaska                                                                                                                
POSITION  STATEMENT:    Testified  in support  of  HB  134,  with                                                             
modification.                                                                                                                   
                                                                                                                                
ANNA NIELSEN, Elder                                                                                                             
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified during hearings on HB 134.                                                                     
                                                                                                                                
RUSSELL NELSON                                                                                                                  
Dillingham, Alaska                                                                                                              
POSITION  STATEMENT:    Testified  in support  of  HB  134,  with                                                             
modification.                                                                                                                   
                                                                                                                                
RICK TENNYSON, Land Manager                                                                                                     
Choggiung Limited                                                                                                               
Dillingham, Alaska                                                                                                              
POSITION  STATEMENT:    Testified  in  support  of  HB  134,  and                                                             
responded to questions.                                                                                                         
                                                                                                                                
ROBERT HEYANO                                                                                                                   
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support for the concept of HB
134.                                                                                                                            
                                                                                                                                
HJALMAR OLSON, Chief Executive Officer                                                                                          
Bristol Bay Native Corporation                                                                                                  
Member, Board of the Alaska Federation of Natives (AFN)                                                                         
Member, Nushagak Fish and Game Advisory Committee                                                                               
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  During hearings on HB 134, clarified the                                                                 
official position of the Alaska Federation of Natives (AFN).                                                                    
                                                                                                                                
RACHEL MUIR                                                                                                                     
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
MIKE DAVIS                                                                                                                      
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134, with                                                                     
modification.                                                                                                                   
                                                                                                                                
RICK HALFORD                                                                                                                    
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 134, made                                                                     
recommendations, and responded to questions.                                                                                    
                                                                                                                                
THOMAS TILDEN, Member                                                                                                           
Choggiung Tribe;                                                                                                                
Representative, Choggiung Limited;                                                                                              
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134, with                                                                     
modification.                                                                                                                   
                                                                                                                                
ULU TILDEN                                                                                                                      
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134, with                                                                     
modification.                                                                                                                   
                                                                                                                                
KAREN MCCAMBLY                                                                                                                  
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
STEVE WASSILY JR.                                                                                                               
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
MARIAN SMALL                                                                                                                    
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
STAN SMALL                                                                                                                      
Dillingham, Alaska                                                                                                              
POSITION  STATEMENT:    Testified  in support  of  HB  134,  with                                                             
modification.                                                                                                                   
                                                                                                                                
HELEN CYTHLOOK                                                                                                                  
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:   Testified  in support of  HB 134,  and made                                                             
recommendations.                                                                                                                
                                                                                                                                
PETER CHRISTOPHER SR.                                                                                                           
New Stuyahok, Alaska                                                                                                            
POSITION  STATEMENT:    Testified  in support  of  HB  134,  with                                                             
modification.                                                                                                                   
                                                                                                                                
MARGIE NELSON                                                                                                                   
Koliganek, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
JODY SEITZ                                                                                                                      
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:   Testified in support for the  concept of HB
134.                                                                                                                            
                                                                                                                                
KEVIN JENSEN                                                                                                                    
Pedro Bay, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 134.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  9:00:26  AM.    Representatives                                                             
Seaton,  Edgmon, Wilson,  Holmes, Johnson,  Johansen, and  LeDoux                                                               
were  present at  the  call to  order.   Representatives  Neuman,                                                               
Gatto, Kawasaki, and Roses were also in attendance.                                                                             
                                                                                                                                
HB 134-PROTECTION OF SALMON SPAWNING WATER                                                                                    
                                                                                                                                
9:01:15 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."                                                                                                                          
                                                                                                                                
[The  motion  to  adopt  CSHB  134,  Version  25-LS0381\M,  Kane,                                                               
2/22/07, was left pending at the 2/28/07 meeting.]                                                                              
                                                                                                                                
9:01:43 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON provided the parameters  and protocol for testifying                                                               
including conflict of interest  procedures, submission of written                                                               
testimony, the  issues of the  bill version being  addressed, and                                                               
accessing copies of the bill.                                                                                                   
                                                                                                                                
9:11:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON provided that the  intent of the bill is to                                                               
address the  policy question concerning  water usage of  the five                                                               
major river drainages in the Bristol  Bay area.  The question, he                                                               
said, is whether these drainages  should be considered a priority                                                               
habitat for salmon  migration and spawning, above  all other uses                                                               
for  the   water.    Such   a  priority  could   have  unintended                                                               
consequences, which is  one reason that the bill is  in a working                                                               
draft  form, and  why testimony  is critical.   He  addressed the                                                               
bill directly,  and called attention to  each section, explaining                                                               
the various  aspects, definitions, concepts,  intents, mitigation                                                               
fines, and  usage exemptions.   He asked, what is  more important                                                               
for the use of the Bristol  Bay water:  protection of the salmon,                                                               
or industrial development.                                                                                                      
                                                                                                                                
9:17:27 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON added  that Version M does  not discriminate between                                                               
the amounts  of water usage.   Every user is considered  the same                                                               
whether  they require  water on  a large  or small  scale.   If a                                                               
current user does not hold  water rights, securing a permit under                                                               
this bill may be prohibitive.                                                                                                   
                                                                                                                                
9:19:35 AM                                                                                                                    
                                                                                                                                
NELS  JOHNSON  introduced himself  as  a  life long  Bristol  Bay                                                               
fisherman.  He  stated support for the bill, and  said it will be                                                               
important  for   future  generations.    Referring   to  a  local                                                               
advertisement campaign, he said, "We  need to know the real truth                                                               
about what  is true."  The  fish will not survive  without clean,                                                               
fresh water.                                                                                                                    
                                                                                                                                
9:23:40 AM                                                                                                                    
                                                                                                                                
HENRY STRUB opined that the most  important aspect of the bill is                                                               
that fish come  first.  Anything that threatens  the fishery will                                                               
bring a death knell to the  community, he predicted.  The fishery                                                               
is rebounding,  after a ten  year depression, based on  the image                                                               
of  the  pure  fish  product   marketed  as  wild  caught  salmon                                                               
harvested from pristine waters.   He pointed out that flag waving                                                               
the mining jobs,  as being local, is  a misnomer.  He  defined  a                                                               
local job  as being an  hour driving  commute, and being  able to                                                               
return home each night.  A  job that is offered two hundred miles                                                               
away is  not local,  he opined.   These jobs  will not  serve the                                                               
local people who need work,  especially off season fishermen.  He                                                               
expressed  optimism   about  the  future  of   the  fishery,  and                                                               
reiterated that "fish come first."                                                                                              
                                                                                                                                
9:26:07 AM                                                                                                                    
                                                                                                                                
ROBERT WASSILY  stated support  for the  concept of  HB 134.   He                                                               
said  that he  is  a subsistence  hunter/community provider,  and                                                               
fears for the demise of the  area resources, should a large scale                                                               
mine begin development.                                                                                                         
                                                                                                                                
9:28:43 AM                                                                                                                    
                                                                                                                                
PATTY LUCKHURST  echoed the previous  witness, saying  "fish come                                                               
first."  She  moved to Alaska from an area  of southern Illinois,                                                               
where  they strip  mine  for coal,  and also  lived  in a  copper                                                               
mining  area of  Arizona.   She  witnessed  the permanent  damage                                                               
created by these developments,  despite promises of rejuvenation,                                                               
and reclamation.   The area  should be preserved  for generations                                                               
to  come, and  the  renewable resources  utilized throughout  the                                                               
state, she opined.                                                                                                              
                                                                                                                                
9:30:28 AM                                                                                                                    
                                                                                                                                
CHRIS  KLABUNDE  said  that  although  he  is  a  member  of  the                                                               
Dillingham City  Council, he is speaking  on his own behalf.   He                                                               
paraphrased  from a  prepared statement,  which  read as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
      Since humans arrived in this area, there has been a                                                                       
     single life blood that has sustained this region.                                                                          
                                                                                                                                
      The water, running from large glacially carved lakes                                                                      
     down the rivers and into Bristol Bay.                                                                                      
                                                                                                                                
     This source of  wealth is unlike any other  left in the                                                                    
     world.  As pure and natural now, as it ever was.                                                                           
                                                                                                                                
     These  watersheds support  millions of  examples of  an                                                                    
     economic  resource  that   has  returned  annually  for                                                                    
     thousands of years.  Salmon.                                                                                               
                                                                                                                                
     I come here today, to ask  you to look into the future.                                                                    
     Consider  generations  of  Alaskans that  will  inhabit                                                                    
     this area,  but have not been  born yet and for  you to                                                                    
     protect these  watersheds for the  long term  and their                                                                    
     use.                                                                                                                       
                                                                                                                                
     It is  no secret the  economy that is supported  by the                                                                    
     fisheries here, have seen its good times and bad.                                                                          
                                                                                                                                
     I  will point  out that  the return  of sockeye  to the                                                                    
     Nushagak River in  the last two years;  have been among                                                                    
     the largest runs in recorded history.                                                                                      
                                                                                                                                
     This  shows the  resource is  healthy, and  with proper                                                                    
     management, it can be sustained indefinitely.                                                                              
                                                                                                                                
     The problems  facing the  salmon resources  are varied,                                                                    
     but these are being actively addressed.                                                                                    
                                                                                                                                
     The truth about  farmed salmon has come out.   It is an                                                                    
     inferior product  and the market  appears to  be moving                                                                    
     away from it.                                                                                                              
                                                                                                                                
     Processors  are adding  value to  our  wild product  by                                                                    
     filleting more and canning less.                                                                                           
                                                                                                                                
     Fishers  and   processors  are  more   concerned  about                                                                    
     quality now more  than ever and are  working to improve                                                                    
     it.                                                                                                                        
                                                                                                                                
     Brailer bag limits are imposed by processors.                                                                              
                                                                                                                                
     Refrigeration systems are more  common now than ever on                                                                    
     boats.                                                                                                                     
                                                                                                                                
     The recent  development of marketing  associations, are                                                                    
     in search of better uses  of, and expanding the markets                                                                    
     for our fish.                                                                                                              
                                                                                                                                
     High operating costs and lack  of infrastructure in the                                                                    
     region  are  the  current   real  hindrance  to  global                                                                    
     prosperity for Wild Bristol Bay Salmon.                                                                                    
                                                                                                                                
     But  a  greater threat  to  it  looms on  the  horizon.                                                                    
     Proposed  mineral exploitation  at the  head waters  of                                                                    
     the  two   greatest  watersheds  in  the   region  will                                                                    
     negatively affect it.                                                                                                      
                                                                                                                                
     Putting  into jeopardy  the health  and livelihoods  of                                                                    
     all its residents, present and future.                                                                                     
                                                                                                                                
     I ask  you to  listen to the  testimony you  have heard                                                                    
     throughout the  region, and comply  with the  wishes of                                                                    
     the majority of  us who live here and  will be affected                                                                    
     by it.                                                                                                                     
                                                                                                                                
     Be responsible stewards and partners  in the use of the                                                                    
     rivers in this region,  support the locals, and protect                                                                    
     our water for the future.                                                                                                  
                                                                                                                                
     Don't let the promise of  quick money from big business                                                                    
     veto the ideals of those who make our lives here.                                                                          
                                                                                                                                
9:33:30 AM                                                                                                                    
                                                                                                                                
CINDY ROQUE pointed out that the  lack of facilities in the area,                                                               
is the cause  for this hearing to displace  the school children's                                                               
lunch room.   She requested  that the representatives  take time,                                                               
during  their stay,  to tour  the school  facilities and  apprise                                                               
themselves of the public school  situation/condition.  She opined                                                               
that  the  needy  school  conditions  in  Dillingham  are  echoed                                                               
throughout other  rural areas  of the  state.   Additionally, the                                                               
jail  is designed  to  house  eight inmates,  but  has a  current                                                               
population   of   eleven.     She   continued   to  posture   for                                                               
socioeconomic support in the rural  areas, and noted the names of                                                               
legislators who  have responded  to her  continued correspondence                                                               
requesting geographic  differential, and power  cost equalization                                                               
laws/regulations.                                                                                                               
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if she  had an opinion to  share on                                                               
HB 134.                                                                                                                         
                                                                                                                                
MS. ROQUE said, "I have very mixed emotions, sir."                                                                              
                                                                                                                                
9:38:06 AM                                                                                                                    
                                                                                                                                
JACQUELYN WILSON  said that as  a public school teacher,  she has                                                               
provided  a  neutral stance  on  the  issue  to her  high  school                                                               
students.    However,  she  said, her  husband  is  a  commercial                                                               
fisherman, and she expects that the fishery will "pull through."                                                                
                                                                                                                                
9:39:17 AM                                                                                                                    
                                                                                                                                
EMILY OLSON, Environmental Coordinator, paraphrased from a                                                                      
prepared statement, which read as follows [original punctuation                                                                 
provided]:                                                                                                                      
                                                                                                                                
     I  support HB  134.    I come  from  a  family of  four                                                                    
     generations  of  fisherwomen.   Fishing  was  the  only                                                                    
     source of  income for more  than a decade.   Smoked and                                                                    
     salted  salmon is  part of  my diet.   During  the hard                                                                    
     times all we had  to do was cook a pot  of rice and eat                                                                    
     fish.    The  salmon industries  have  provided  higher                                                                    
     education  for  many  of our  leaders.    Our  Governor                                                                    
     fished in this river.  So  you see, I am very sensitive                                                                    
     when it  comes to  salmon.  It  built all  the villages                                                                    
     here in Bristol  Bay.  What other resource  can ... the                                                                    
     history of  salmon is more  than 100 years.   Mining is                                                                    
     not  a natural  renewable  resource.   The Pebble  Mine                                                                    
     will be short term.  Salmon have sustained our people.                                                                     
                                                                                                                                
     The  Nushagak  River  is  also   a  habitat  for  pike,                                                                    
     whitefish, and trout.  Tourists  pay big bucks to catch                                                                    
     their fish,  whether it is  salmon, pike,  whitefish or                                                                    
     trout.   Lodges provide  employment and revenue  to the                                                                    
     local communities.                                                                                                         
                                                                                                                                
     Another  issue that  has  been  overlooked is  Belugas.                                                                    
     Nushagak River is a breeding  ground for Belugas.  Each                                                                    
     spring I see  them birthing right in front  of my home.                                                                    
     Belugas  tell  us  when  the fish  and  smelts  are  in                                                                    
     abundance.  Isn't the Belugas  listed in the Endangered                                                                    
     Species Act?                                                                                                               
                                                                                                                                
9:41:52 AM                                                                                                                    
                                                                                                                                
LAWRENCE OLSON paraphrased from a prepared statement, which read                                                                
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     I support  HB 134.  I  am a commercial fisherman  and a                                                                    
     subsistence hunter  in this region.   We rely  on these                                                                    
     natural resources  to sustain our natural  lifestyle of                                                                    
     living as  I know  it.   My parents,  grandparents, and                                                                    
     ancestors relied on these resources.  We cannot afford                                                                     
     this mistake.                                                                                                              
                                                                                                                                
     Without  the  fishing  industry  Bristol  Bay  Economic                                                                    
     Development  Corporation,  (BBEDC)   would  not  exist.                                                                    
     BBEDC provides employment for local  people on the high                                                                    
     seas,  processors, office  internship, salmon  camp for                                                                    
     youths,   vessel   internship,  scholarships,   voc-tec                                                                    
     training, and ABE/GED.                                                                                                     
                                                                                                                                
CHAIR SEATON directed  attention to the bill, page  2, line [23],                                                               
which lists seafood processing as  an exempted industry for water                                                               
usage, and  asked if  the exemption should  be expanded  upon for                                                               
processors building improvements such as docks.                                                                                 
                                                                                                                                
MR. OLSON said they should be exempted.                                                                                         
                                                                                                                                
CHAIR  SEATON clarified  that Mr.  Olson would  like to  have the                                                               
seafood  processing exemption  expanded  to  include the  seafood                                                               
industry, including the support facilities.                                                                                     
                                                                                                                                
MR. OLSON responded, yes.                                                                                                       
                                                                                                                                
9:44:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON clarified  that stating  support for  the                                                               
bill, Version M, would limit  economic development in the region.                                                               
Thus, building or expansion of  docks, and other activities would                                                               
not be allowed.                                                                                                                 
                                                                                                                                
CHAIR  SEATON interjected  that the  bill limits  water use.   He                                                               
paraphrased from  the bill, page  2, line  13, that a  person may                                                               
not alter, destroy, displace, relocate,  channel, dam, convert to                                                               
dry land, or  otherwise adversely affect any portion  of a river,                                                               
stream,  lake, or  bog.   If that  is applied  to all  commercial                                                               
activities  throughout  the  region,   it  will  curtail  further                                                               
development  of  such  activities  as  a  dock  expansion.    The                                                               
question is  to what  extent do  the people  of this  region want                                                               
restrictions of water usage to  apply:  commercial use throughout                                                               
the entire watershed, or exempt  minimal quantities of water.  He                                                               
pointed out that  only eight lodges in the area  hold water right                                                               
permits.   If  this bill  passes as  written, the  lodges without                                                               
water rights would  not be able to continue  operating, and could                                                               
face  difficulty   obtaining  a  permit,   as  there  is   not  a                                                               
grandfather clause  in the bill.   He  stressed the need  to hear                                                               
the  opinion of  what restrictions  the  people of  the area  are                                                               
interested  in having  imposed.   Do  the exemptions  need to  be                                                               
broadened or narrowed  down.  Further, he provided  an example of                                                               
a municipality  being allowed to  build a dock, however,  a barge                                                               
company would be prevented from such  activity.  Is this what the                                                               
people of the region want to have occur.                                                                                        
                                                                                                                                
9:50:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  stated  that  the  bill  is  still  in  a                                                               
formative  state,  and  is  not intended  to  halt  all  economic                                                               
development of the region.                                                                                                      
                                                                                                                                
9:51:19 AM                                                                                                                    
                                                                                                                                
JOSEPH   WASSILY,   Member,   Clarks   Point   Village   Council,                                                               
paraphrased  from a  prepared statement,  which  read as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     I support  HB 134  in concept.   I've been  a fisherman                                                                    
     since I  was eight  years old,  I hunt  moose, caribou,                                                                    
     ducks, geese,  and live  off of  the land,  get berries                                                                    
     for the family, I  strongly support our subsistence way                                                                    
     of life, because  all of my life I've lived  off of the                                                                    
     land to feed  my family and elders.  I  also seal hunt,                                                                    
     subsistence fishing for  smelts, pike, rainbows, trout,                                                                    
     and red  fish, and king  salmon also  to put up  in the                                                                    
     smoke  house.    I  strongly  oppose  the  Pebble  Mine                                                                    
     because if it goes through  it may ruin our fishing and                                                                    
     water ways and our subsistence way of life.                                                                                
                                                                                                                                
9:53:03 AM                                                                                                                    
                                                                                                                                
NORMAN ANDERSON  commented that construction of  commercial docks                                                               
would  be near  the  fishery  vs. in  the  upper  reaches of  the                                                               
rivers.   He then  paraphrased from  a prepared  statement, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     I  support  house  bill 134,  and  appreciate  you  all                                                                    
     traveling away  from home  and family  to listen  to my                                                                    
     reasons why.   I am  a commercial fisherman, as  are my                                                                    
     two  sons,   who  together  we  own   and  operate  our                                                                    
     commercial  fishing operation,  as  was  my father  who                                                                    
     taught  me, and  as was  my mother,  who supported  all                                                                    
     four of  her children  off the  salmon we  respect this                                                                    
     day.   As I have learned  from our elders, I  taught my                                                                    
     sons how to respect the  land and waters of our region.                                                                    
     Our regions  history began because of  our unique water                                                                    
     quality,  the  status  of  our  hydrology  creates  the                                                                    
     perfect  combination to  enhance and  support our  Wild                                                                    
     Salmon, and quantity  of fish.  All  five species exist                                                                    
     because of  the mixture of  fresh and salt  water, both                                                                    
     are  exceptionally clean.   Grandma  Nicolet of  Naknek                                                                    
     Alaska told me once that  any interruption in our clean                                                                    
     waters in  our area will forever  change our lifestyle.                                                                    
     I like  and use  the scientific  phrase a  bright young                                                                    
     lady  relayed to  me, without  sound geology  we cannot                                                                    
     have sound biology.   This is what  Grandma Nicolet was                                                                    
     telling  me  when I  was  about  six years  old  beyond                                                                    
     Libbyville in Naknek as we  hunted ducks.  I do support                                                                    
     development in  Bristol Bay,  I know  we need  jobs, we                                                                    
     are  experiencing an  out migration  of our  residents,                                                                    
     and schools  are being impacted.   Villages are hurting                                                                    
     because of  the high  price of fuel.   But  look around                                                                    
     you, we are  a strong people, for years  we have fought                                                                    
     off invading  industries that  have sought  riches that                                                                    
     live  beneath our  land and  waters.   The struggle  is                                                                    
     what gives  us our strength.   We are  not experiencing                                                                    
     any spiritual  breakdown.  We  live a  subsistence life                                                                    
     style.  The  meager take to sustain  as Webster defines                                                                    
     it.  We are careful not  to disturb the tundra, as life                                                                    
     depends on it.  No we  do not eat the spiders and mice,                                                                    
     but  do depend  on the  birds and  fur bearing  animals                                                                    
     that do.   Again  we do rely  on our  unique hydrology.                                                                    
     The  spring run  off carries  down hill  what ever  the                                                                    
     upper  watershed has  to offer,  if health  threatening                                                                    
     chemicals  are amongst  the  ingredients,  then too  we                                                                    
     will  see the  after  affects in  our  diets.   Picture                                                                    
     yourself down  stream of a  sewer lagoon.   I apologize                                                                    
     for  the graphic.   For  generations the  native people                                                                    
     have   used  the   land.     Not   until  the   western                                                                    
     civilizations came to  stay do we see  the beginning of                                                                    
     scars on our land, all  under the auspices of progress.                                                                    
     Minerals and  Hydro-carbons are  not progress  for they                                                                    
     only  line  the  pockets   of  large  scale  companies.                                                                    
     Remember we  must all do  whatever we can to  save this                                                                    
     big village we  call earth.  So again  I support saving                                                                    
     our fragile  waters in  Bristol Bay.   I  support House                                                                    
     Bill 134.                                                                                                                  
                                                                                                                                
9:57:03 AM                                                                                                                    
                                                                                                                                
[Ina Bouker's Dillingham High School Yupik class provided the                                                                   
traditional Reindeer Herding Dance to the committee.]                                                                           
                                                                                                                                
CHAIR SEATON requested that the dancers' names be scribed, for                                                                  
the record.                                                                                                                     
                                                                                                                                
10:01:57 AM                                                                                                                   
                                                                                                                                
RON BOWERS, paraphrased from a prepared statement, which read as                                                                
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     I'm Ron Bowers and have  been a local resident for over                                                                    
     24  years.   My wife  is  Yupik Eskimo  and a  lifelong                                                                    
     resident of this region.   Subsistence, land, and water                                                                    
     use issues  are very important  to our family  and most                                                                    
     all my in-laws and neighbors.   Those who are trying to                                                                    
     protect  our   local  fisheries  and   the  subsistence                                                                    
     lifestyle are to  be commended.  We in  Bristol Bay are                                                                    
     blessed with  resources like few  other places  in this                                                                    
     world.  As  a former candidate for  House District #37,                                                                    
     I  heard  the  concerns   and  fears  of  locals  about                                                                    
     protecting our fisheries  and subsistence resources, to                                                                    
     the fullest extent possible.                                                                                               
                                                                                                                                
     However, as I read  and reread my friend Representative                                                                    
     Bryce Edgmon's  HB #134, I  am fully persuaded  that it                                                                    
     continues  to  be  a very  bad  piece  of  legislation.                                                                    
     HB #134 is a knee jerk  reaction to the coming economic                                                                    
     opportunities and  resource development,  now occurring                                                                    
     in our  long, economically  depressed region.   HB #134                                                                    
     seems to be based more on fear and short on facts.                                                                         
                                                                                                                                
     HB #134 will  only serve to drive  businesses away from                                                                    
     this  region  and  cause  greater  economic  hardships.                                                                    
     This is in a region where  a gallon of milk cost almost                                                                    
     $8 dollars.   Here in Dillingham gasoline  is nearly $5                                                                    
     dollars  and  in  some local  villages,  well  over  $5                                                                    
     dollars a gallon.  Even  in Dillingham, the flagship of                                                                    
     economic opportunity for our  region, most citizens are                                                                    
     hard  pressed.   In  just  the past  week  I have  been                                                                    
     informed of 4 more families  that are leaving town, due                                                                    
     to financial  reasons.  Our local  school population is                                                                    
     down, well over  100 students in the  past three years.                                                                    
     In  some of  this  region's  communities, schools  have                                                                    
     been closed  or are on  the verge of  being mothballed,                                                                    
     due to population decline.                                                                                                 
                                                                                                                                
     HB #134 will make it  virtually impossible for most new                                                                    
     businesses or even current  locally owned businesses to                                                                    
     function in  our region,  except if  that company  is a                                                                    
     fish processor.   While one  sentence in HB  #134 seems                                                                    
     to allow  for oil &  gas exploration and  production in                                                                    
     Bristol Bay, I  question if such an  endeavor can occur                                                                    
     if this  bill becomes law.   This piece  of legislation                                                                    
     could force  all local gravel  pit operations  to cease                                                                    
     washing gravel.  This would  eliminate any local cement                                                                    
     production  and  shut  down  almost  all  our  region's                                                                    
     construction projects.   Even  the popular  family run,                                                                    
     Saturday   market  in   Dillingham  is   threatened  by                                                                    
     HB #134.  The hard  working [Herrmann] family irrigates                                                                    
     their local vegetable farm with  surface water found on                                                                    
     their  property.   Under provisions  of  HB #134,  this                                                                    
     family  business  could  be fined  up  to  one  million                                                                    
     dollars a day, for  simply irrigating their flowers and                                                                    
     vegetables.   Dillingham residents would lose  one more                                                                    
     business  and  a  great  source  of  healthy  and  less                                                                    
     expensive produce.                                                                                                         
                                                                                                                                
     HB #134  is so ridiculous  that a Bristol  Bay resident                                                                    
     could even be fined up  to $100,000 dollars per day for                                                                    
     diverting  floodwaters from  their  home during  Spring                                                                    
     break-up.                                                                                                                  
                                                                                                                                
     Finally almost  all that  HB #134  seems to  address is                                                                    
     already   covered   by   current   regulations   and/or                                                                    
     agencies.  Even the  controversial proposed Pebble Mine                                                                    
     must  hurdle   at  least  65  permits   to  ever  begin                                                                    
     production.                                                                                                                
                                                                                                                                
     Yes  Representatives Edgmon  and  Ramras,  I have  read                                                                    
     HB #134  and I  cannot believe  its narrow  sightedness                                                                    
     and the damage it could wreak on Bristol Bay.                                                                              
                                                                                                                                
     I respectfully  ask that the Honorable  House Fisheries                                                                    
     committee put this bill to rest.                                                                                           
                                                                                                                                
10:05:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON reiterated  that the intent of  the bill is                                                               
to  present  a  policy  question  to  the  legislature,  and  the                                                               
residents of  Bristol Bay,  in terms  of the  current use  of the                                                               
water, and to  protect the water as essential  habitat for salmon                                                               
production.   He asked if  heard correctly, that this  concept is                                                               
not supported by the witness.                                                                                                   
                                                                                                                                
MR. BOWERS  responded that he supports  clean water, subsistence,                                                               
and  the fisheries.   He  would not  support anything  that would                                                               
jeopardize those activities,  or the natural resources.   He does                                                               
not support adding another layer  of regulation above what exists                                                               
in current statute.                                                                                                             
                                                                                                                                
10:07:04 AM                                                                                                                   
                                                                                                                                
WASSILLIE ILUTSIK noted  that he has been  a commercial fisherman                                                               
for 55 years.  said that  the bill is very restrictive, and cited                                                               
the desperate need  for economic development in Bristol  Bay.  It                                                               
is difficult to make a living  by commercial fishing.  The lodges                                                               
on Lake Aleknagik  do not hire Natives to work;  neither do other                                                               
lodges in the region.  This  bill would shut down future economic                                                               
development, and  foreclose on  some existing  establishments, he                                                               
opined.                                                                                                                         
                                                                                                                                
10:09:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  asked how  many children  and grandchildren                                                               
he can count.                                                                                                                   
                                                                                                                                
MR. ILUTSIK replied that he has four grandchildren; all boys.                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  inquired if it  is possible that  they will                                                               
all find work in commercial fishing.                                                                                            
                                                                                                                                
MR.  ILUTSIK said  that the  only income  they expect  to receive                                                               
this year  is the permanent fund  check.  These are  young men in                                                               
their 20s and 30s.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GATTO referred  to the  speaker's statement  that                                                               
the lodges  do not hire local  Natives, and asked why  that might                                                               
be.                                                                                                                             
                                                                                                                                
MR.  ILUTSIK responded  that it  is discriminatory.   He  related                                                               
that his boys,  and some others from the  village, acquired their                                                               
six  pack  licenses and  approached  the  lodges for  employment.                                                               
However, guides were brought in  from the Lower 48 states, rather                                                               
than hiring the Native guides; as  they do all of their employees                                                               
and food supplies.                                                                                                              
                                                                                                                                
10:12:43 AM                                                                                                                   
                                                                                                                                
MARK HERRMANN,  Owner, Warehouse Mountain Farm,  paraphrased from                                                               
a   prepared  statement,   which   read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     In regard  to HB 134  protection of salmon  spawning, I                                                                    
     am adamantly  opposed to  the bill  as it  is currently                                                                    
     proposed, for the following reasons.                                                                                       
                                                                                                                                
     Our  family has  operated a  small farm  near Warehouse                                                                    
     Mountain for the  past 20 years.  We try  to operate in                                                                    
     a  responsible  manor  with  minimal  soil  inputs  and                                                                    
     conservative growing practices.   We use water to wash,                                                                    
     process,  and irrigate  crops.   We  are several  miles                                                                    
     from the  nearest salmon  streams, but  as the  bill is                                                                    
     currently written we would be in violation.                                                                                
                                                                                                                                
     This bill would effectively put us out of business.                                                                        
                                                                                                                                
     We support the  concept of this bill  for protection of                                                                    
     the fisheries, but  this bill in its  current from will                                                                    
     not  encourage economic  diversity  and development  in                                                                    
     Bristol Bay.                                                                                                               
                                                                                                                                
10:13:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON  asked if  he supports  the concept  of the                                                               
bill, to protect the water as salmon habitat.                                                                                   
                                                                                                                                
MR.  HERRMANN  responded, absolutely.    That  is what  runs  the                                                               
economy of  the bay, but it  is important to not  shut down other                                                               
economic possibilities.                                                                                                         
                                                                                                                                
10:14:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX inquired  if he  supports the  bill as  it                                                               
relates to mining activities.                                                                                                   
                                                                                                                                
MR.  HERRMANN said  that in  terms  of a  mine the  scale of  the                                                               
proposed  Pebble, he  supports the  restrictions included  in the                                                               
bill.   However,  for mining  on a  smaller scale,  it should  be                                                               
revisited.   He said  that a  gravel pit  is considered  a mining                                                               
activity,  and  requires a  large  amount  of water  to  operate.                                                               
These are details that need to be worked out.                                                                                   
                                                                                                                                
10:15:40 AM                                                                                                                   
                                                                                                                                
DAVID BOUKER  stated support for HB  134, as a work  in progress.                                                               
He said, "I think [Representative  Edgmon's] on the right track."                                                               
He  related  two examples  of  mining  operations, which  he  has                                                               
observed that have  negatively impacted the areas  where they are                                                               
sited:   Good  News Bay  Mine in  Platinum, Alaska,  and Anaconda                                                               
Mine  in Butte,  Montana.   The  Good News  Bay  Mine runoff  was                                                               
evident at the mouth of Icicle  Creek, discoloring a half mile of                                                               
the waters  in the Kuskokwim  Bay.   The Anaconda Mine  created a                                                               
desert  environment and  a super-fund  clean up  site around  the                                                               
mammoth tailing holes.                                                                                                          
                                                                                                                                
10:17:53 AM                                                                                                                   
                                                                                                                                
RALPH ANDERSEN began by stating that  although his is a member of                                                               
the  Bristol  Bay Native  Association,  he  speaking on  his  own                                                               
behalf.   He then noted that  what he is about  to propose hasn't                                                               
been considered by any organizations.   He drew attention to page                                                               
2,  Section 2,  where the  propose insertion  would be  made, and                                                               
read:                                                                                                                           
                                                                                                                                
     Within the new  AS 16.10.015, add a  new subsection ...                                                                    
     (b)  (5)   to  read:   ...  otherwise   permitted  uses                                                                    
     occurring  on lands  owned by  a corporation  organized                                                                    
     pursuant  to Sec.  43,  USC 16.01  et  seq ...  (Alaska                                                                    
     Native Claims  Settlement Act) or on  restricted Native                                                                    
     allotment or restricted Native townsite land.                                                                              
                                                                                                                                
10:21:23 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WILSON  stated   appreciation  for  the  proposed                                                               
amendment, as an  effort to address what is desired  at the local                                                               
level.                                                                                                                          
                                                                                                                                
MR. ANDERSEN  said that the  subsistence life style is  what grew                                                               
into the  first economy  for the  area.   The fisheries  became a                                                               
cash economy.   The  commercial fishery  has become  an important                                                               
aspect  of the  community,  and there  is  a fear  of  loss.   He                                                               
suggested that focus be brought to  bear on what could be gained,                                                               
rather than what might be lost.                                                                                                 
                                                                                                                                
REPRESENTATIVE WILSON stated that  every bill can have unintended                                                               
consequences, which the committee hopes to avoid.                                                                               
                                                                                                                                
10:24:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON  acknowledged that  there are  many Native                                                               
allotments  "out  there"  and  asked,   "What  if  Pebble  II  is                                                               
discovered on Native  land ...."  He asked  should anyone, Native                                                               
or private corporation be exempted from this act.                                                                               
                                                                                                                                
MR. ANDERSEN  replied that  the committee might  ask if  they are                                                               
acting  as  good  and  prudent  stewards of  the  land.    He  is                                                               
proposing a  starting point,  and said  he is  not aware  of what                                                               
kinds  of  activities could  result  from  development on  Native                                                               
allotments.   There  could be  restrictions if  someone wants  to                                                               
build a lodge.   Native lands are privately owned,  and it is not                                                               
right to disallow someone to develop their land.                                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON clarified  that  it is  a  matter of  who                                                               
should be exempt.                                                                                                               
                                                                                                                                
MR.  ANDERSEN said  that  he  would expect  his  amendment to  be                                                               
appropriately vetted.                                                                                                           
                                                                                                                                
10:28:06 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  read  "restrictive  based  allotments,"  from  the                                                               
proposed  amendment,  and  asked  if all  Native  allotments  are                                                               
restricted.                                                                                                                     
                                                                                                                                
MR. ANDERSEN replied, no.                                                                                                       
                                                                                                                                
CHAIR SEATON  asked if  the intent  of the  amendment is  to only                                                               
exempt the  restricted Native  allotments, then  the unrestricted                                                               
allotments would  still fall under  the provision that  would not                                                               
be able to have certain commercial developments.                                                                                
                                                                                                                                
MR. ANDERSEN answered the way the proposed amendment is written.                                                                
                                                                                                                                
10:28:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as to whether  Mr. Andersen would                                                               
favor restrictions  related to large  scale mining  being applied                                                               
to Native allotments or Native Corporation lands.                                                                               
                                                                                                                                
MR.  ANDERSEN  opined that  any  type  of development  should  be                                                               
scrutinized.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   observed  that  he  is   addressing  the                                                               
differences  of corporate  and private  land.   She  asked if  he                                                               
would consider  extending the amendment to  include all privately                                                               
owned land.                                                                                                                     
                                                                                                                                
MR. ANDERSEN  pointed out that  the proposed  amendment addresses                                                               
Native  corporation, Native  allotments, and  Native town  sites.                                                               
He  expects  his amendment  to  provide  an opportunity  for  the                                                               
committee to address these concerns.                                                                                            
                                                                                                                                
10:31:34 AM                                                                                                                   
                                                                                                                                
PETER   CARUSO,    Representative,   Bristol    Bay   Fisherman's                                                               
Association  (BBFA),  provided  the  mission of  the  BBFA:    to                                                               
advocate  for  the sustainability  of  salmon  in the  watershed.                                                               
Membership is restricted to Alaskan  residents.  At the September                                                               
7,  2007, board  meeting,  HB 134  was  reviewed and  unanimously                                                               
opposed.    He  reported  that  the  opposition  centers  on  the                                                               
grandfathering in  of existing  fish processors  in the  bay, but                                                               
does not  allow for future growth  in the fishery.   The existing                                                               
processors  were  unable  to  handle the  recent  volume  of  the                                                               
current runs.   Given the growth of the  fishery this restriction                                                               
on development would prove detrimental to the fishery.                                                                          
                                                                                                                                
10:32:42 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  asked if the  board had reviewed the  original bill                                                               
or Version M, when arriving at their decision.                                                                                  
                                                                                                                                
MR. CARUSO said it was the original bill that was reviewed.                                                                     
                                                                                                                                
CHAIR SEATON noted  that the BBFA board  interpreted the original                                                               
bill  correctly,   however,  Version   M  does   provide  seafood                                                               
processors  exempt  status.   The  water  usage, of  the  seafood                                                               
processor would  still need to  meet state standards,  he pointed                                                               
out, and support facilities could be  affected.  He asked if this                                                               
exemption satisfies the associations concerns.                                                                                  
                                                                                                                                
MR. CARUSO responded, "Yes, it needs to be dressed up."                                                                         
                                                                                                                                
10:34:39 AM                                                                                                                   
                                                                                                                                
EVA NIELSEN-KING,  Representative, South Naknek  Village Council,                                                               
paraphrased  from a  prepared statement,  which  read as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     My name  is Eva King.   I am  a year round  resident of                                                                    
     South  Naknek   and  have  been  a   commercial  salmon                                                                    
     fisherman since 1976,  when I was ten years  old.  Four                                                                    
     of my  sons are now  commercial fisherman.  I  ask that                                                                    
     oral  and  written  statements   be  entered  into  the                                                                    
     record.     I   am   also   representing  our   village                                                                    
     government,  The  South  Naknek  Village  Council  -  a                                                                    
     federally recognized tribe.                                                                                                
                                                                                                                                
     In 1990, 18 years ago,  processing companies paid us 70                                                                    
     cents per  pound for salmon  as publicly stated  in the                                                                    
     Borough Post newspaper of that year.                                                                                       
                                                                                                                                
     In   2007,   processing   companies   paid   commercial                                                                    
     fisherman a  low of 40  cents a  pound at Ekuk,  on the                                                                    
     Nushagak River  58 cents,  and up to  60 cents  a pound                                                                    
     here  in the  Naknek-Kvichak District;  pre-1980's fish                                                                    
     prices.   Some  of our  leaders are  saying our  salmon                                                                    
     runs are  on the  rebound, if  this is  true why  is it                                                                    
     that  many of  our fishermen  can't afford  to purchase                                                                    
     their winter fuel?                                                                                                         
                                                                                                                                
     Fishermen this  season were  placed on  limited catches                                                                    
     from 2-6,000 pounds.  Some  were not allowed to fish at                                                                    
     all because our processing  companies could not process                                                                    
     the  salmon  because  they didn't  have  the  capacity,                                                                    
     which they assured the state  they had earlier.  All of                                                                    
     this happens during  the peak of the run.   Couple this                                                                    
     current  problem with  the pre-1980  salmon prices  and                                                                    
     not being allowed to deliver  your catch, this proposed                                                                    
     legislative  HB  134  will  prohibit  natural  resource                                                                    
     development  and only  adds to  our economic  distress.                                                                    
     All villages in Bristol  Bay except for Dillingham, the                                                                    
     regional center,  don't have  employment opportunities.                                                                    
     Dillingham is  the headquarters to BBAHC,  BBNA, BBEDC,                                                                    
     and  other  private  enterprises  with  jobs  available                                                                    
     here.   We are happy  for the people of  Dillingham who                                                                    
     have good job opportunities.                                                                                               
                                                                                                                                
     We  know your  focus  is targeted  to  stop the  Pebble                                                                    
     Project however your legislation  is more far reaching.                                                                    
     It  would prohibit  development  on Native  Corporation                                                                    
     lands and  other private  lands.   All of  this without                                                                    
     consideration   is  an   illegal   taking  of   rights.                                                                    
     Millions and millions of acres  of land would be locked                                                                    
     up and prohibited from being developed.                                                                                    
                                                                                                                                
     Because   we  lack   job   opportunities   -  lack   of                                                                    
     infrastructure,  high energy  and utility  cost.   Your                                                                    
     legislation  lacks  any concern  for  those  of us  who                                                                    
     reside here year round.   But instead want only to take                                                                    
     away any potential.                                                                                                        
                                                                                                                                
     There is  no question  our regional economic  base must                                                                    
     be  diversified  -  we   cannot  depend  on  commercial                                                                    
     fishing  alone  anymore.    We  need  local  jobs,  not                                                                    
     government  welfare.   Your quest  strongly appears  to                                                                    
     satisfy sportsmen,  conservation groups,  lodge owners;                                                                    
     people like Bob Gillam and  maybe some of yourselves so                                                                    
     as not  to disturb  your summer playground  as proposed                                                                    
     in HB 134.   Additionally, many who  will be testifying                                                                    
     in support  of HB134 in  the next few days  are already                                                                    
     retired,  semi-retired and  are not  interested in  the                                                                    
     welfare  of younger  generations.   They are  living in                                                                    
     the  past when  commercial fishing  provided an  annual                                                                    
     income.   To my  knowledge these so-called  elders have                                                                    
     not presented solutions to our economic dilemma.                                                                           
                                                                                                                                
     It  would be  nice  to  have the  days  of  old -  when                                                                    
     commercial  fishing  provided   families  their  annual                                                                    
     income.                                                                                                                    
                                                                                                                                
     By introducing  HB 134,  you have  successfully divided                                                                    
     families,  village   against  village,   ethnic  groups                                                                    
     against  one  another.     You  have  used  subsistence                                                                    
     hunting and fishing as your  wedge.  You have done this                                                                    
     so  well that  many locals  embrace your  statements as                                                                    
     the truth, not knowing your strategy.                                                                                      
                                                                                                                                
     If you  feel so strongly about  Natives keeping hunting                                                                    
     and  fishing  subsistence  lifestyles, we  insist  that                                                                    
     your  legislation  HB  134  be   amended  to  ensure  a                                                                    
     subsistence  priority for  Bristol Bay  Alaska Natives.                                                                    
     If you do this, you  would at least publicly state your                                                                    
     commitment  to the  importance  of subsistence  hunting                                                                    
     and fishing for the Bristol Bay Natives.                                                                                   
                                                                                                                                
     Subsistence  hunting  and   fishing  does  not  include                                                                    
     sportsmen and  their organizations.  They  are the same                                                                    
     as any commercial fishermen and  should not be included                                                                    
     with subsistence.                                                                                                          
                                                                                                                                
     Rep. Bryce  Edgmon in his  press release  September 20,                                                                    
     2007   Bristol  Bay   Times,  recommended   we  include                                                                    
     pressing  issues  to  this  legislative  committee  for                                                                    
     consideration and action.                                                                                                  
                                                                                                                                
     So here  goes.   Your committee  must stop  the outside                                                                    
     fish  processing companies  from  robbing  us blind  by                                                                    
     paying us extremely  low prices.  These  low prices are                                                                    
     forcing our resident  people to move to  urban areas to                                                                    
     find other  employment instead of  staying at  home and                                                                    
     going  on  government welfare  assistance.    We are  a                                                                    
     proud people and shun the  idea of government handouts.                                                                    
     We  have  an  immediate  need  for  roads  and  bridges                                                                    
     connecting  village  to   village  to  increase  trade,                                                                    
     commerce,  health, and  safety.   Our state  government                                                                    
     through your actions must  invite foreign salmon buyers                                                                    
     into  Bristol Bay.   We  need competition!   Again,  we                                                                    
     know  like   the  anti-Pebble  Project   movement,  how                                                                    
     powerful  the salmon  processing  lobbyists  are.   And                                                                    
     like anything else, it seems  what ever is a benefit to                                                                    
     resident  Alaska's  the  chances  of  inviting  foreign                                                                    
     processors will not  happen.  Most, if  not all Bristol                                                                    
     Bay  salmon  processing  companies  own  salmon  farms.                                                                    
     Maybe this  is part  of the reason  for our  low prices                                                                    
     for wild Alaska salmon.                                                                                                    
                                                                                                                                
     Inviting  foreign buyers  in for  a competitive  salmon                                                                    
     price can  happen if you  want it to and  are committed                                                                    
     to make  it happen.   So  where do  you stand  on this?                                                                    
     Can we depend on you?  How soon?                                                                                           
                                                                                                                                
     These invitations to foreign  buyers should run on five                                                                    
     year increments  - not an  annual basis since  it takes                                                                    
     time to plan for finance  and equipment.  With out this                                                                    
     invitation   for  foreign   buyers  the   current  fish                                                                    
     processing companies  will continue to pay  us pre-1980                                                                    
     prices.   The  cost of  living  from 1980  to 2007  has                                                                    
     risen approximately 75%.  You  can do your own research                                                                    
     if   you  wish,   however  this   number   of  75%   is                                                                    
     conservative.  We  need immediate help from  you - here                                                                    
     again is a  missed opportunity to help  in our economic                                                                    
     distress.                                                                                                                  
                                                                                                                                
     Again, for the  record I am apposed to HB  134 as it is                                                                    
     currently drafted.   For me  to reconsider my  views on                                                                    
     HB 134 I am requesting the following:                                                                                      
                                                                                                                                
     Amend  HB134  to   guarantee  subsistence  hunting  and                                                                    
     fishing a priority use for Bristol Bay Natives.                                                                            
     Begin  immediately building  roads and  bridges in  the                                                                    
     Bristol Bay  region connecting villages to  one another                                                                    
     for  trade,  commerce,  health, and  safety.    Senator                                                                    
     Stevens  recommended   this  at   a  health   forum  in                                                                    
     Anchorage in August.                                                                                                       
     Since HB  134 is an  illegal taking of rights  with out                                                                    
     consideration  - we  strongly  request the  legislature                                                                    
     and the  administration disclose to the  Alaskan public                                                                    
     the monetary cost we as  Alaskans would pay to Northern                                                                    
     Dynasty, Native  Corporations and private  land holders                                                                    
     as soon as possible.                                                                                                       
                                                                                                                                
     As  an  example,  excluding Northern  Dynasty's  claim,                                                                    
     Native  and  other  private land  holder's,  amount  to                                                                    
     several million acres of land  that would be prohibited                                                                    
     from development,  because of your legislation;  HB 134                                                                    
     and its companion Senate Bill 67.                                                                                          
                                                                                                                                
     When can we receive a  report of the potential monetary                                                                    
     cost this type of legislation will cause?                                                                                  
                                                                                                                                
     There  have been  statements  of  reports by  reputable                                                                    
     people that the State doesn't  have enough money in our                                                                    
     state  permanent  fund  portfolio  to  cover  all  cost                                                                    
     relating to HB 134.   In fact, the portfolio would fall                                                                    
     short to cover the total cost.                                                                                             
                                                                                                                                
     Is one  of your solutions  to raise taxes  or institute                                                                    
     taxes to  cover these shortfalls?   Your legislation HB
     134  and  its  companion  Senate  Bill  67  will  cause                                                                    
     numerous lawsuits.   So how  much is our  state willing                                                                    
     to endure?                                                                                                                 
                                                                                                                                
     I wonder as should you,  how would the late Jay Hammond                                                                    
     feel  about  paying for  an  illegal  taking of  rights                                                                    
     knowing there  is a  high cost  that could  destroy his                                                                    
     legacy of the Permanent Fund and then some?                                                                                
                                                                                                                                
     Believe  me;  your   political  quest  and  development                                                                    
     prohibitions carry a  terrible high cost.   And if your                                                                    
     legislation  miraculously  passes  there  will  not  be                                                                    
     enough money combining all of  our state coffers to pay                                                                    
     for your mistakes.                                                                                                         
                                                                                                                                
     My  village   of  South  Naknek  does   not  have  many                                                                    
     employment opportunities,  as I reported before  in the                                                                    
     last  hearings.   More than  two-thirds of  our village                                                                    
     population has already  moved away to find  jobs and we                                                                    
     are currently  losing two more households.   Because of                                                                    
     a lack  of employment opportunities and  people moving,                                                                    
     our  local school  has been  closed  for several  years                                                                    
     now.  This has torn the heart out of our community.                                                                        
                                                                                                                                
     Now all of  our school children are flown  to Naknek to                                                                    
     attend school  daily.  You  have no idea of  the danger                                                                    
     and  the  emotional  stress   this  causes  the  school                                                                    
     children  and parents  as we  are a  maritime community                                                                    
     with  wind  most  of  the  time.   Our  airport  is  in                                                                    
     extremely bad  condition, we have complained  for years                                                                    
     to  everyone  in  the state  government  to  bring  the                                                                    
     airport  up  to  safety  standards.   Our  airport  was                                                                    
     rebuilt  several years  ago.   However it  is in  worst                                                                    
     condition now than  what it was before  it was rebuilt.                                                                    
     Now we have  less length than what we  started with and                                                                    
     our  new   cross-wind  is  hardly  useable   with  many                                                                    
     sections sinking  more than three  feet.  We  urge each                                                                    
     one of  you to visit our  airport and come to  your own                                                                    
     conclusions.                                                                                                               
                                                                                                                                
     With  bad  weather  our  children do  not  fly,  so  we                                                                    
     sometimes boat  the children to  school, or  drive them                                                                    
     in sub-zero  weather if the  river is frozen.   We have                                                                    
     even gone  so far as  to find a charter  and personally                                                                    
     pay for them  to get them home when  they are weathered                                                                    
     in at Naknek.                                                                                                              
                                                                                                                                
     South  Naknek  is  the only  community  in  the  United                                                                    
     States with a flying school  bus.  After describing the                                                                    
     current  airport  conditions  would  you  subject  your                                                                    
     child to this horrible kind of danger?                                                                                     
                                                                                                                                
     For your information there is  a plan to build a bridge                                                                    
     to connect  South Naknek  to the  Naknek -  King Salmon                                                                    
     Highway on the  north side of the river.   This bridge,                                                                    
     once built  would solve many  of our problems  and more                                                                    
     importantly   provide  safe   travel  for   our  school                                                                    
     children.  This is our  current plan however many years                                                                    
     ago there  was another  plan to  build a  bridge across                                                                    
     the  Newhalen  River  connecting  Newhalen-Iliamna  and                                                                    
     Nondalton.   Because of politics this  bridge was never                                                                    
     built.   I pray  that this  will not  be our  fate too.                                                                    
     You  know  well  who  stopped   the  Newhalen  River  -                                                                    
     Nondalton Bridge, I need not mention his name.                                                                             
                                                                                                                                
     It would be  welcomed by all residents  of South Naknek                                                                    
     for you  to put your  energy into our plight  and needs                                                                    
     as much as you have put in to  HB 134.  This would be a                                                                    
     more  positive  endeavor.   The  potential  cost for  a                                                                    
     successful passage of  HB 134 will not  leave any money                                                                    
     left to build any  infrastructure anywhere in the state                                                                    
     of Alaska.                                                                                                                 
                                                                                                                                
     If  not   for  high  negative  emotions   and  negative                                                                    
     political   strategies  Alaska   and  Alaskans   should                                                                    
     welcome  industries  in  who want  to  invest  for  the                                                                    
     benefit of all.  I am  praying that the majority of our                                                                    
     State Legislature  is still prudent and  reasonable and                                                                    
     will  let  the  process  for  development  work  before                                                                    
     making judgments and decisions.                                                                                            
                                                                                                                                
     Alaska  has the  highest standards  for environmentally                                                                    
     sound  resource  development.   Politics  and  negative                                                                    
     emotions  have  always  been  grounds  for  making  the                                                                    
     poorest and costliest decisions  - oppose HB134 and its                                                                    
     companion Senate bill.                                                                                                     
                                                                                                                                
     I must add  that I am not receiving a  salary, nor have                                                                    
     I  ever,  from Northern  Dynasty.    Further I  am  not                                                                    
     receiving  $300,000 +  or any  consulting fees  either.                                                                    
     You are welcome  to review my tax returns  if you wish.                                                                    
     Shame on  those folks and organizations  that have lied                                                                    
     only to think they would  gain public support for their                                                                    
     blatant  and  damaging  lies.    Northern  Dynasty  has                                                                    
     always been above  board and open.  I urge  each of you                                                                    
     to  ask those  who testify  for  HB 134  who is  paying                                                                    
     their way.  Fair is fair, right?                                                                                           
                                                                                                                                
     Finally,  as a  point of  information Northern  Dynasty                                                                    
     has  hired   more  local  residents  than   all  salmon                                                                    
     processing  companies and  sportsmen operations  within                                                                    
     the  past  few  years  combined.    Considering  salmon                                                                    
     processing companies  have been  around since  at least                                                                    
     the  late  1800's  and sportsmen  operations  since  at                                                                    
     least  the 1950's.    A pretty  good  track record  for                                                                    
     Northern Dynasty isn't it?                                                                                                 
                                                                                                                                
10:40:31 AM                                                                                                                   
                                                                                                                                
JIM WALLMAN, speaking  as a subsistence user,  stated support for                                                               
the bill and expressed appreciation  for the exemptions.  Further                                                               
changes may need  to be made, however, he pledged  faith that the                                                               
committee will  make the appropriate alterations  while upholding                                                               
the best  interests of the  region.  He encouraged  the committee                                                               
to become  familiar with  the complete  process that  allowed the                                                               
permitting  of   mines  in  Montana   to  operate,   through  the                                                               
subsequent poisoning  of the  water that  occurred.   Further, he                                                               
said that with  the rebound in the fishery market,  and the added                                                               
value being  placed on the  fishery, "we already [have]  our gold                                                               
mine."                                                                                                                          
                                                                                                                                
REPRESENTATIVE   WILSON   commented   that   Alaska   rules   and                                                               
regulations,  already  in  place,  would  prohibit  the  type  of                                                               
activity that occurred in Montana.                                                                                              
                                                                                                                                
10:43:51 AM                                                                                                                   
                                                                                                                                
FRANK  WOODS introduced  himself  as a  commercial fisherman  and                                                               
subsistence user.   He pointed out that the current  gold rush is                                                               
not  for one  mine; the  Nushagak  area has  another 120  claims.                                                               
Currently  the Nushagak  is experiencing  record runs  of sockeye                                                               
salmon,  and  clean water  is  essential  to maintain  a  healthy                                                               
return.   Further,  he  said  he is  not  against development  or                                                               
growth, but it must be done  responsibly.  He predicted that this                                                               
issue,  already   nation  wide,  will  become   an  international                                                               
concern.   He  provided the  committee a  copy of  his daughter's                                                               
school term paper on mining.                                                                                                    
                                                                                                                                
10:48:05 AM                                                                                                                   
                                                                                                                                
TED ANGASAN,  Representative, Naknek  Tribal Council,  reported a                                                               
village population decline  from 225, in 2001, to 60  today.  The                                                               
five school children commute via  airplane to Naknek.  The people                                                               
rely entirely on  fishing.  In 2004, the Tribal  Council passed a                                                               
resolution to support  studies of the mine, and what  it might do                                                               
to provide employment in the area.   In March, 2007, a resolution                                                               
was issued  to oppose the  mine unless certain  restrictions were                                                               
passed.   However,  he said,  he  did not  vote in  favor of  the                                                               
resolution.   He  opined that  the village  has few  choices, and                                                               
without the economic  opportunities that the mine  offers, it may                                                               
become  a ghost  town.   The Naknek  [inaudible] road  project is                                                               
slated  to receive  $4 million  over the  coming years,  but this                                                               
bill  would disallow  the road  and derail  the project.   Native                                                               
allotment lands  would not  be able to  be developed,  he pointed                                                               
out; area Natives have awaited  these allotments for decades.  He                                                               
said, on behalf  of the Naknek Village Council, and  as a private                                                               
citizen, he opposes the bill, as written.                                                                                       
                                                                                                                                
REPRESENTATIVE  EDGMON clarified  that  the bill  is not  against                                                               
progress in the area.                                                                                                           
                                                                                                                                
10:53:02 AM                                                                                                                   
                                                                                                                                
HARRY WASSILY, SR., stated support  for the bill, and said Alaska                                                               
is  the last  frontier,  with  fresh water  and  clean  air.   He                                                               
expressed concern for the exploration  activities, and the damage                                                               
that is  being suffered by the  tundra.  The state  would do well                                                               
to monitor these activities now,  for the damage and runoff waste                                                               
that is already occurring.  It  will get inside the salmon, crab,                                                               
and moose he cautioned, rendering them uneatable.                                                                               
                                                                                                                                
10:57:07 AM                                                                                                                   
                                                                                                                                
JOHN D.  NELSON, JR., stated  five world classes  associated with                                                               
Bristol  Bay:   sockeye  salmon capital  of  the world,  hunting,                                                               
sport/commercial fishing,  subsistence, and pristine waters.   He                                                               
reported on  the tremendous  amounts of  water circulated  out of                                                               
three open pit  mines:  Bingham Canyon Mine,  Kennicott Mine, and                                                               
the Newmont Mine.                                                                                                               
                                                                                                                                
10:58:54 AM                                                                                                                   
                                                                                                                                
BILLY   MAINES,   Member,   Dillingham   City   Council;   Tribal                                                               
Environmental Coordinator, (indisc.)  Tribal Council; Vice Chair,                                                               
Nushagak Mulchatna Watershed Council,  provided a reminder of the                                                               
integral  relationship between  water  and life.   He  speculated                                                               
that if  any of the fish,  wildlife, or other flora  and fauna of                                                               
the area, were  to testify, they would be in  favor of this bill.                                                               
He advocated  for as  many restrictions as  possible, as  a means                                                               
for preserving  the area.  He  reported that he no  longer drinks                                                               
the water directly from the  rivers or lakes, due to development.                                                               
The nutrients  that come from  the watersheds, into  Bristol Bay,                                                               
feeds/maintains  a billion  dollar ecosystem  in the  Bering Sea,                                                               
which "we seem to be responsible for."                                                                                          
                                                                                                                                
11:02:26 AM                                                                                                                   
                                                                                                                                
WILLIAM JOHNSON,  noting that  he is  a commercial  fisherman and                                                               
subsistence user, stated  his support for the concept  of HB 134,                                                               
and  said  that  it  requires  amending  to  include  reasonable,                                                               
renewable resource  economic development.   He reported  that for                                                               
two  years he  researched becoming  a miner.   Following  the DNR                                                               
guidelines  and process  he was  on track  to prospect,  until he                                                               
realized what  consequences would occur  to the area.   There are                                                               
20 mines for various types of  deposits, throughout the area.  He                                                               
suggested  providing  roads  and encouraging  renewable  resource                                                               
development.  This type of  development relies on clean water, he                                                               
said.   Further,  he  opined that  the  enhanced salmon  products                                                               
being marketed will provide a  continued economy base, and is the                                                               
best way to proceed.                                                                                                            
                                                                                                                                
11:05:53 AM                                                                                                                   
                                                                                                                                
SAM  FORTIER,   Representative,  Alaska   Peninsula  Corporation;                                                               
Newhalen  Tribal Council;  King Salmon  Tribe; Twin  Hills Native                                                               
Corporation,  stated that  the four  organizations he  represents                                                               
oppose HB 134.   He then related  that he has also  been asked to                                                               
represent 20  individuals who have  were intimidated by  a threat                                                               
of investigation if they were to speak on HB 134.  He                                                                           
paraphrased from a prepared statement, which read as follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     I have also been delegated  by the Alaska Federation of                                                                    
     Natives  Litigation and  Legislative Affairs  Committee                                                                    
     to  inform   you  that  AFN  has   recently  adopted  a                                                                    
     resolution opposing HB 134.                                                                                                
                                                                                                                                
     We  are opposed  to HB  134 because  it will  radically                                                                    
     curtail private water  appropriation rights and private                                                                    
     property uses in most of Bristol Bay.                                                                                      
                                                                                                                                
     We are opposed to HB  134 because it will radically and                                                                    
     unconstitutionally  change  the existing  regime  under                                                                    
     Alaska law  regarding resource use and  consumption, so                                                                    
     that   virtually   all   forms   of   future   economic                                                                    
     development  in Bristol  Bay will  be  prohibited.   In                                                                    
     addition  to  not addressing  extraordinary  situation,                                                                    
     such as  drought, that may effect  villages and cities,                                                                    
     the  bill would  effectively  prohibit  any new  water-                                                                    
     intensive industries  or business.   These  impacts are                                                                    
     not   confined  to   state   owned   lands,  but   will                                                                    
     extensively  impact  privately  held  lands,  including                                                                    
     Native corporation lands.                                                                                                  
                                                                                                                                
     We  are  opposed  to the  criminalization  of  formerly                                                                    
     lawful uses  of private property  by Section 1,  part 1                                                                    
     of  HB  134.   This  section  prohibits:   withdrawing,                                                                    
     obstructing, injecting, pumping,  either temporarily or                                                                    
     permanently   any  subsurface   or  surface   water  in                                                                    
     drainages    supporting    salmon    or    any    water                                                                    
     hydrologically  interrelated  or   connected  to  those                                                                    
     drainages  in the  Nushagak,  Kvichak, Naknek,  Egegik,                                                                    
     and  Ugashik  watersheds.    The  sweeping  prohibition                                                                    
     against   previously  allowable   uses   of  water   is                                                                    
     assuredly unconstitutional.   Appropriation of water is                                                                    
     guaranteed  under  Article  VIII,  Section  13,  Alaska                                                                    
     Constitution.                                                                                                              
                                                                                                                                
     We are  opposed to  the bill  because virtually  all of                                                                    
     the  aquifers   in  the   Bristol  Bay   watershed  are                                                                    
     "hydrologically    interconnected   or    related   to"                                                                    
     drainages.  This bill would  effect private water wells                                                                    
     and other forms of use, on private lands.                                                                                  
                                                                                                                                
     We are opposed to the  bill because it has a profoundly                                                                    
     disproportionate   and   adverse   effect   on   Native                                                                    
     Corporations, whose  mission it is to  provide economic                                                                    
     opportunities to their shareholders  now and for future                                                                    
     generations.                                                                                                               
                                                                                                                                
     We  are opposed  to the  bill because  it amounts  to a                                                                    
     taking without compensation in  violation of Art. VIII,                                                                    
     Section 16, of the Alaska Constitution.                                                                                    
                                                                                                                                
     We  are  opposed  to  the   bill  because  it  directly                                                                    
     interferes with  the riparian rights of  Surface estate                                                                    
     owners,  including  the  right to  beneficial  uses  of                                                                    
     water adjacent to and beneath their properties.                                                                            
                                                                                                                                
     We  are   opposed  to  HB   134  because   it  directly                                                                    
     interferes   with  any   hydrological  based   form  of                                                                    
     alternate energy.   The  proposed language  forbids any                                                                    
     development   that   would   result   in   pumping   or                                                                    
     withdrawing geothermal  energy sources, such  as steam,                                                                    
     that is  "hydrologically interrelated or  connected" to                                                                    
     a salmon stream drainage would be off-limits.                                                                              
                                                                                                                                
     We are  opposed to HB  134, because salmon  streams are                                                                    
     already protected  under existing law, as  contained in                                                                    
     Alaska Stat. 16.10.010.  HB  134, however, strips other                                                                    
     regulatory   agencies,  such   as  the   Department  of                                                                    
     Environmental Conservation, from deciding  on a case by                                                                    
     case basis, whether to  permit or license hydroelectric                                                                    
     power,  or to  permit  water use  for civic,  domestic,                                                                    
     irrigation, manufacturing,  mining, "or  other purposes                                                                    
     tending  to  develop  the   natural  resources  of  the                                                                    
     state," as allowed under Alaska Stat. 16.10.015.                                                                           
                                                                                                                                
     We are  opposed to  the bill  because it  prohibits and                                                                    
     punishes  previously   lawful  conduct  with   no  fair                                                                    
     warning.   The bill is  silent on the criteria  used to                                                                    
     determine  such complicated  terms as  interrelatedness                                                                    
     and  interconnectedness.     Nor  are  any  definitions                                                                    
     supplied for either of these terms.                                                                                        
                                                                                                                                
     The  law  will  extend  to "any  portion  of  a  river,                                                                    
     stream, lake, bog, tributary, or  any other water body,                                                                    
     including  the  beds  of  water  bodies,  in  drainages                                                                    
     supporting  salmon.   The ambiguous  phrase, "otherwise                                                                    
     adversely affecting," is so broad  as to render any use                                                                    
     not  permitted  under  Section  1,  even  something  so                                                                    
     mundane  as traveling  across a  swamp on  an ATV  [all                                                                    
     terrain  vehicle],  a  criminal  act.   It  would  most                                                                    
     assuredly halt  any oil and gas  or mineral exploration                                                                    
     or development on Native lands.                                                                                            
                                                                                                                                
     We are  opposed to the  bill because it is  broadly and                                                                    
     patently  unfair.     The  grandfathering  of  existing                                                                    
     industries and  the exclusion of any  new industries or                                                                    
     businesses  would  have   a  significant  and  negative                                                                    
     impact on  economic growth  and orderly  development in                                                                    
     Bristol  Bay,  virtually   guaranteeing  that  it  will                                                                    
     remain  a captive  colony of  fishing  lodges and  fish                                                                    
     processors.    In  this manner,  the  bill  would  also                                                                    
     appear  to violate  every  Alaskan's  right to  uniform                                                                    
     application  of laws  and regulations  guaranteed under                                                                    
     Art. VIII, Section 17, of the Alaska Constitution.                                                                         
                                                                                                                                
     Locking up the resources on  Native lands, as this bill                                                                    
     would  do,  will  also   affect  80,000  Alaska  Native                                                                    
     shareholders  throughout  Alaska,   11  other  Regional                                                                    
     Corporations and  200+ village  corporations statewide.                                                                    
     Those individuals  and corporations rely  upon resource                                                                    
     revenue   sharing  under   the  Alaska   Native  Claims                                                                    
     Settlement Act.   HB  134's prohibitions  will directly                                                                    
     and   inalterably  impact   BBNC's  ability   to  share                                                                    
     resource revenues.                                                                                                         
                                                                                                                                
     HB 134  is bad for Bristol  Bay, it is bad  for Alaska,                                                                    
     and it is disastrous for Village corporations.                                                                             
                                                                                                                                
11:12:13 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN asked if the clients involved are                                                                       
comfortable with the current regulatory process.  [Inaudible.]                                                                  
                                                                                                                                
MR. FORTIER replied, absolutely.  The process is fair and works,                                                                
he opined.                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOHANSEN inquired whether any of the clients                                                                     
actively take part in the regulatory process [inaudible].                                                                       
                                                                                                                                
MR. FORTIER answered that they do, or he represents them.                                                                       
                                                                                                                                
11:13:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON inquired as to the number of shareholders                                                                 
Mr. Fortier is representing.                                                                                                    
                                                                                                                                
MR. FORTIER  reported that the  Alaska Peninsula  Corporation has                                                               
over 640  shareholders, Twin Hills  Native Corporation  has about                                                               
70.  He  is also appearing on behalf of  the Alaska Federation of                                                               
Natives,  which  is  the  representative body  for  most  of  the                                                               
state's  Native  organizations.    Further,  he  stated  that  90                                                               
thousand acres of land are held  in common by Choggiung and other                                                               
Bristol  Bay village  corporations.   This Native  land pool  was                                                               
formed  for   the  express   purpose  of   economic  development,                                                               
including mineral, oil, and gas interests.                                                                                      
                                                                                                                                
REPRESENTATIVE  EDGMON  [Inaudible.]   He  referred  to Title  16                                                               
statute to read the  existing penalties for interfering/violating                                                               
a salmon spawning area; $500.                                                                                                   
                                                                                                                                
MR.  FORTIER  responded  that   Sec.  030  prohibits  unpermitted                                                               
interference.     He  opined  that   HB  134   would  criminalize                                                               
previously legal activities.                                                                                                    
                                                                                                                                
11:16:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if habitat being  located within DNR                                                               
constitutes a concern.                                                                                                          
                                                                                                                                
MR.  FORTIER   said  that  the   present  regulatory   scheme  is                                                               
acceptable.                                                                                                                     
                                                                                                                                
11:18:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON reiterated that the  concept of the bill is                                                               
to provide clean water habitat  for salmon spawning, and inquired                                                               
if his clients oppose that concept.                                                                                             
                                                                                                                                
MR. FORTIER stated  that, if the question is  whether his clients                                                               
oppose protecting  water, the  bill goes beyond  that scope.   He                                                               
opined that  private property interests  are protected  under the                                                               
state constitution, and he considers the  bill to be an attack on                                                               
private property owners in the Bristol Bay region.                                                                              
                                                                                                                                
11:22:19 AM                                                                                                                   
                                                                                                                                
DAN DUNAWAY specified that although  he is an alternate member of                                                               
the  Nushagak Fish  and  Game  Advisory Board;  a  member of  the                                                               
Bristol Bay  Advisory Council;  and retired  fisheries biologist;                                                               
he  is  speaking on  his  own  behalf.    He paraphrased  from  a                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     I  support HB  134  in  its general  intent.   We  must                                                                    
     protect the water  end fish habitat in  the Bristol Bay                                                                    
     area.    The  fish populations  dependent  on  pristine                                                                    
     waters  of our  area  are critical  to the  subsistence                                                                    
     users  as  well as  world  renowned  to the  sport  and                                                                    
     commercial fisheries.  I believe  the Bristol Bay WILD,                                                                    
     NATURALLY  PROPAGATED fish  adds  significantly to  the                                                                    
     value  and prestige  of  all  Alaska's fisheries,  like                                                                    
     Cadillac adds  prestige to GM automobiles.   Since 1990                                                                    
     trout  management has  been guided  by  the South  West                                                                    
     Alaska Rainbow Trout  Management Plan that specifically                                                                    
     precludes  enhancement and  artificial propagation.   A                                                                    
     survey conducted  prior to implementing the  plan found                                                                    
     people  don't come  here to  catch hatchery  fish, they                                                                    
     want wild natural salmon and trout.                                                                                        
                                                                                                                                
     Support  for this  and other  bills comes  from a  fear                                                                    
     that environmental protections  were greatly diminished                                                                    
     under Governor  Murkowski.  As  yet Governor  Palin has                                                                    
     refused  to restore  the Habitat  Division to  Fish and                                                                    
     Game, and  allowed the Commissioner of  DNR to belittle                                                                    
     environmentally concerned  Alaskans.  We are  no longer                                                                    
     certain the  State has the most  rigorous and effective                                                                    
     environmental standards or the will to enforce them.                                                                       
                                                                                                                                
     We acknowledge  this bill  needs improvement.   Changes                                                                    
     to  this bill  should include  provisions for  small to                                                                    
     moderate    scale    water   uses,    especially    for                                                                    
     environmentally  sound  commercial operations  such  as                                                                    
     the local farmer Mark [Herrmann].   I don't want to see                                                                    
     small   environmentally   sound  economic   development                                                                    
     discouraged.   I also suggest  through this bill  or by                                                                    
     resurrecting older  bills we should make  instream flow                                                                    
     reservations  for all  waters in  Bristol Bay  prior to                                                                    
     allowing large industrial water use.                                                                                       
                                                                                                                                
     I have  met a number of  people who can afford  to fish                                                                    
     anywhere in the world who  say Bristol Bay is the best,                                                                    
     their favorite  place to come  world wide.   Many more,                                                                    
     especially  European anglers  told  me -  take care  of                                                                    
     what you  have, protect it,  there are fewer  and fewer                                                                    
     places like this.  This  area is a valuable resource as                                                                    
     it  is and  could become  more  rare than  gold in  the                                                                    
     future.                                                                                                                    
                                                                                                                                
11:27:12 AM                                                                                                                   
                                                                                                                                
MR. DUNAWAY, responding to a  question from the committee, stated                                                               
that Christopher Estes was the  state specialist on instream flow                                                               
reservations.   He  related,  "It was  a  really important  thing                                                               
about  preserving  water  rights   and  instream  flow  for  fish                                                               
populations  throughout  Alaska, but  I  understand  it's a  very                                                               
incomplete process."                                                                                                            
                                                                                                                                
CHAIR SEATON directed attention  to the public information table,                                                               
and the six-page legal brief regarding water right issues.                                                                      
                                                                                                                                
11:29:04 AM                                                                                                                   
                                                                                                                                
CHENISE NELSON,  Student Representative, Dillingham  High School,                                                               
stated support  for the  concept of  the bill,  on behalf  of her                                                               
high school.   She offered  a picture  of the traditional  use of                                                               
the area  by the  Natives, vs. foreign  investors, and  asked the                                                               
committee, "Who  do you represent?"   Considering it a  threat to                                                               
the fish habitat,  she finished, "If the Pebble Mine  were to be,                                                               
life as we know it would cease to exist."                                                                                       
                                                                                                                                
11:29:38 AM                                                                                                                   
                                                                                                                                
HEIDI  ANDREWS, Student  Representative, Dillingham  High School,                                                               
said that  mines are notoriously  harmful to  areas, particularly                                                               
open  pit  mines.    She  reviewed the  use  of  cyanide,  as  an                                                               
extraction  agent, and  the environmental  threat that  it poses.                                                               
Tourism and  the subsistence life  style would be  jeopardized by                                                               
mining activities.                                                                                                              
                                                                                                                                
The committee took a brief at ease from 11:32 a.m. to 11:35 a.m.                                                                
                                                                                                                                
11:35:35 AM                                                                                                                   
                                                                                                                                
TERRY  HOEFFERLE  [The  beginning  audio was  not  captured,  his                                                               
written testimony is provided in  its entirety.] paraphrased from                                                               
a   prepared  statement,   which   read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     I am  the fourth son  of Henry and Anne  Hoefferle, and                                                                    
     was born and  raised in the Gogebic  Mining District on                                                                    
     the south shore of Lake Superior.   For 35 years I have                                                                    
     been a  subsistence and sport  hunter and  fisherman in                                                                    
     Western  Alaska.    During  that time  I  have  been  a                                                                    
     commercial fisherman, educator, and bureaucrat.                                                                            
                                                                                                                                
     In my testimony  today I want to  support protection of                                                                    
     wild  salmon and  clean water  and prohibit  threats to                                                                    
     these.  In doing so, if time permits, I intend to:                                                                         
                                                                                                                                
     Encourage  combining  HB  134  and SB  67.    Ideas  in                                                                    
     [these]   bills   are   not  mutually   exclusive   and                                                                    
     complement each other.                                                                                                     
                                                                                                                                
     Address  problems with  Exclusions and  Prohibitions in                                                                    
     HB  134, which  might  lead to  an  exhaustive list  of                                                                    
     exceptions (needs to be rewritten).                                                                                        
                                                                                                                                
     Prohibitions  of:   Specific  operations  that "use  or                                                                  
     generate"  cyanide,  sulfuric   acid,  or  other  toxic                                                                    
     reagents.     Prohibit   large  scale   industrial  and                                                                  
     commercial use, all others exempt.                                                                                         
                                                                                                                                
     Shortcomings of our management  regime to address these                                                                    
     issues.  Put it in ADF&G  like SB 67 does, not DNR/DEC.                                                                    
     DNR  is  set  up   to  expedite  and  encourage  mining                                                                    
     permits, as though  these are the highest  and best use                                                                    
     of our resources.  More stringent standards.                                                                               
                                                                                                                                
     Speak to the urgency of taking legislative action now.                                                                   
                                                                                                                                
     I  want  to  express  my  concern  about  proposals  to                                                                    
     operate massive mines in the  headwaters of our rivers.                                                                    
     This  is  an  exceptional,  fragile  environment  which                                                                    
     demands exceptional  measures of us  to protect it.   I                                                                    
     speak in  favor of HB  134, or some combination  of 134                                                                    
     with SB  67 as measures  beyond the  current regulatory                                                                    
     regime that should be enacted.                                                                                             
                                                                                                                                
     Multinational  resource  extraction companies  are  not                                                                    
     charitable   organizations.       As    profit   making                                                                    
     corporations,   law  requires   of  them   a  fiduciary                                                                    
     responsibility to the bottom line.   If the citizens of                                                                    
     Alaska want a mining company  to do anything that would                                                                    
     diminish   its   profits,    including   often   costly                                                                    
     environmental  safeguards, it  is their  responsibility                                                                    
     to make and  enforce laws demanding those  things.  Our                                                                    
     current regulatory regime is woefully inadequate.                                                                          
                                                                                                                                
     We are  not talking about  mom and pop gold  panning or                                                                    
     placer mining.   It is not likely that  anyone will see                                                                    
     either a  nugget or a  flake of  gold from the  type of                                                                    
     mining   operations  contemplated   here.     The   ore                                                                    
     concentrate carried away from  the mine site represents                                                                    
     only a tiny fraction of the  earth that must be dug up.                                                                    
     The remainder is waste rock  and tailings.  Hundreds of                                                                    
     millions of  tons of those  tailings will be  toxic and                                                                    
     need  to  be  safeguarded forever.    Northern  Dynasty                                                                    
     Mines (NDM)  proposes nothing different from  low grade                                                                    
     metallic sulfide  mines that have already  failed.  NDM                                                                    
     simply  proposes a  greater scale  - to  accommodate as                                                                    
     much as 8.2 billion tons of waste.                                                                                         
                                                                                                                                
     I have heard two  spurious claims repeated by opponents                                                                    
     to HB  134:  1.   A mine can be  developed safely here,                                                                    
     and 2.   Alaska has  some of the most  stringent mining                                                                    
     laws in the world.  These are patently false.                                                                              
                                                                                                                                
     The chemical  nature and  location of  the rock  at the                                                                    
     mine site makes the release  of sulfuric acid and toxic                                                                    
     copper into  waters a virtual certainty.   According to                                                                    
     a  recent  survey,  the governmental  success  rate  in                                                                    
     permitting, so  as to  prevent such  contamination, has                                                                    
     been  demonstrated to  be exceptionally  poor  - a  93%                                                                    
     failure rate,  nationwide.  There are  reasons for such                                                                    
     dismal results:   One of the most  prominent reasons is                                                                    
     shortcomings in public policy.                                                                                             
                                                                                                                                
     DNR,  faced  with a  massive  failure  rate at  similar                                                                    
     mines around  the country, in much  more arid climates,                                                                    
     is  not  credible  in its  claim  that  its  permitting                                                                    
     process will  work when  others have  failed.   This is                                                                    
     why it  is so  important for  the Legislature  to enact                                                                    
     legislation   now  that   conserves  the   Bristol  Bay                                                                  
     drainages and establishes  processes and standards that                                                                    
     protect those drainages.   Doing so is the  only way to                                                                    
     serve  the public  and protect  Alaskan's interests  in                                                                    
     the natural resources that belong to them.                                                                                 
                                                                                                                                
     There are  many (including  our Governor)  who advocate                                                                    
     letting the  permitting process take its  course.  This                                                                    
     approach  presupposes   that  our   permitting  process                                                                    
     indeed  adequately protects  those precious  resources.                                                                    
     Experience, and  a review of applicable  law shows that                                                                    
     it does not.  The  permitting process gives Alaskans no                                                                    
     say until  the decisions are  made, by the fox  told to                                                                    
     guard the henhouse (paid permitting  staff, DEC and DNR                                                                    
     heads who  have ties  to the  industry).   Existing law                                                                    
     and regulatory  regime regarding  mining and  water are                                                                    
     at a par  with oil protocols in place  prior to Prudhoe                                                                    
     Bay  and Exxon  Valdez.   Two  pages in  Statute.   The                                                                    
     current   process   places   the  interest   of   large                                                                    
     multinational  corporations  above  the  needs  of  the                                                                    
     people of Alaska.                                                                                                          
                                                                                                                                
     This  begs the  question:   "Can  the mining  companies                                                                    
     point to  a single similar  open pit mine that  did not                                                                    
     significantly pollute water and destroy land?"                                                                             
                                                                                                                                
     Mining companies  have claimed  in the press  that they                                                                    
     can develop  mega mines in Bristol  Bay without hurting                                                                    
     the environment.   Let's  take them  at their  word and                                                                    
     add   to  the   permit  process   the  requirement   of                                                                    
     Wisconsin's  1997  Act  171   which  demands  that  any                                                                    
     company  mining  in  sulfite  bearing  rock:    provide                                                                    
     examples  of mining  operation in  the  U.S. or  Canada                                                                    
     that  have not  resulted  in significant  environmental                                                                    
     pollution.                                                                                                                 
                                                                                                                                
     The  law  includes  specific qualifying  criteria  that                                                                    
     must be  satisfied in  order for  the example  site, or                                                                    
     sites,  to  be considered.    The  mining company  must                                                                    
     submit  documentation  from  groundwater/surface  water                                                                    
     monitoring  that includes  data showing  that:   (1) An                                                                    
     example mine has  been closed for 10  years without the                                                                    
     pollution  of groundwater  or surface  water from  acid                                                                    
     drainage at  the tailings site  or at the mine  site or                                                                    
     from the  release of heavy  metals; and (2)  An example                                                                    
     mine has  operated for 10  years without  the pollution                                                                    
     of groundwater  or surface water from  acid drainage at                                                                    
     the  tailings site  or at  the  mine site  or from  the                                                                    
     release of heavy metals.                                                                                                   
                                                                                                                                
     OR make the prohibitions in HB 134 more specific:                                                                        
                                                                                                                                
     1.    Prohibit:    a. use  or  generation  of  cyanide,                                                                    
     sulfuric  acid, or  toxic or  acidic ore  processing or                                                                    
     reagents; b.  storage or disposal of  industrial waste,                                                                    
     mining waste  rock or overburden, mining  processing or                                                                    
     beneficiation  products  or  byproducts,  tailings,  or                                                                    
     chemically processed  ore or waste, and  c. withdrawal,                                                                    
     appropriation,   obstruction,  channeling,   injection,                                                                    
     pollution  or  alteration,  on either  a  temporary  or                                                                    
     permanent  basis,  any   surface  or  subsurface  water                                                                    
     hydrologically interrelated  or connected to  waters in                                                                    
     the area covered by the bill.                                                                                              
                                                                                                                                
     2.     No  state  agency   shall  issue  a   permit  or                                                                    
     authorization for  prohibited activities or  that would                                                                    
     have  potential  to  create  acid  mine  or  acid  rock                                                                    
     drainage  into  surface  or groundwater.    For  mining                                                                    
     sulfide  minerals or  ores, both  the  mining area  and                                                                    
     affected  area,  including  all  facilities,  shall  be                                                                    
     reclaimed and  remediated to achieve a  naturally self-                                                                    
     sustaining  ecosystem  appropriate  for the  area  that                                                                    
     does   not  require   long-term   or  perpetual   care,                                                                    
     including treatment,  and the  areas shall  be returned                                                                    
     as   expeditiously  as   possible  to   the  ecological                                                                    
     conditions that approximate pre-mining conditions.                                                                         
                                                                                                                                
     3.   Any permit, lease compatibility  determination, or                                                                    
     authorization for facilities  related to mining sulfide                                                                    
     minerals  or  ores  in the  protection  area  shall  be                                                                    
     subject  to a  public notice  and comment  period after                                                                    
     which the  agency shall respond to  comments in writing                                                                    
     and with scientific or  technical justification for the                                                                    
     agency's position.                                                                                                         
                                                                                                                                
11:37:44 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON requested  that he speak to  the scale, modification                                                               
of the  bills, and [inaudible].   Further, he asked if  a per day                                                               
water use volume limit should be considered.                                                                                    
                                                                                                                                
MR.  HOEFFERLE   opined  that  a   prohibition  on   large  scale                                                               
industrial/commercial  uses, would  be in  order.   Any operation                                                               
with  upwards of  300  million  tons of  toxic  waste, cannot  be                                                               
compared with operating  a fish hatchery, or  a salmon processing                                                               
plant.  Any operation of a size  that could operate on a 160 acre                                                               
Native allotment  would be of  an allowable scale.   The statutes                                                               
that govern  oil development and water,  are [visually indicated]                                                               
thick.  Contrast  that with the mining and  water statutes, which                                                               
cover  two  pages.   The  laws  governing  mining water  are  not                                                               
current, and are woefully inadequate, he said.                                                                                  
                                                                                                                                
11:41:47 AM                                                                                                                   
                                                                                                                                
ANDREW DEVALPINE, Director, Bristol  Bay Coastal Resource Service                                                               
Area (BBCRSA), paraphrased from  a prepared statement, which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     It is no accident that  the very first legislative acts                                                                    
     of  the Murkowski  administration  were  to rework  the                                                                    
     Alaska Coastal Management Program  [(ACMP)] and to move                                                                    
     fish and  game's habitat  division into  the Department                                                                    
     of Natural Resources.  These  moves were made under the                                                                    
     mantle  of  streamlining.   In  the  world  of  coastal                                                                    
     management,  their effect  was to  disenfranchise local                                                                    
     districts.                                                                                                                 
                                                                                                                                
     The   original  ACMP   was  designed   to  give   local                                                                    
     governments  and   districts  a   way  to   comment  on                                                                    
     development  in   their  regions  and  to   have  these                                                                    
     comments  integrated  into  state  and  federal  law  -                                                                    
     districts  would  have  policies that  reflected  local                                                                    
     priorities,  and  those  policies gave  local  comments                                                                    
     legal heft.   That  is to say,  comments tied  to these                                                                    
     policies were backed up by statute and regulation.                                                                         
                                                                                                                                
     The  Murkowski  ACMP  eliminated  that  connection  and                                                                    
     pulled  the  ACMP  authorities   back  into  the  state                                                                    
     agencies.   Local  districts could  still comment,  but                                                                    
     they would, in  effect, have no more  local policies to                                                                    
     base their  comments on and,  hence, no  statutory tie-                                                                    
     in.     This  is   how  the   Murkowski  administration                                                                    
     disenfranchised the local districts.                                                                                       
                                                                                                                                
     Rep.  Edgmon's bill  is predicated  on the  notion that                                                                    
     the watersheds  feeding into the Bristol  Bay Fisheries                                                                    
     Reserve  are  inadequately  protected.     As  we  went                                                                    
     through  the ACMP  revision  and  the Habitat  division                                                                    
     move,  we were  assured that  the fundamental  statutes                                                                    
     and  regulations  the   agencies  work  under  remained                                                                    
     intact and, consequently,  environmental protection was                                                                    
     uncompromised.                                                                                                             
                                                                                                                                
     While this is  true to an extent -  agency statutes and                                                                    
     regulations  are  intact  -  the  Habitat  division  in                                                                    
     particular has lost the hooks  that local policies gave                                                                    
     them  to  hang their  project  stipulations  on.   What                                                                    
     Habitat  has  to work  with  henceforth  remains to  be                                                                    
     seen,  in my  experience, but  one thing  is certain  -                                                                    
     local concerns will not be so well represented.                                                                            
                                                                                                                                
     Does  this mean  Habitat, and  the other  agencies, are                                                                    
     inadequate to the task of  regulating a Pebble Mine?  I                                                                    
     call  your attention  to the  Kuipers Report.   This  a                                                                    
     systematic,  peer-reviewed  study   that  examines  the                                                                    
     accuracy  of  Environmental Impact  Statements  written                                                                    
     for  a sampling  of  mining operations.   The  findings                                                                    
     show  that   EIS's  failed  to   predict  water-quality                                                                    
     impacts in a significant percentage of these studies.                                                                      
                                                                                                                                
     The  shortcomings boil  down to  testing for  acid-rock                                                                    
     drainage.    Bottom  line  -  there  is  no  test  that                                                                    
     adequately  foretells  how  different bodies  of  waste                                                                    
     rock will  behave over  time.  There  are a  variety of                                                                    
     tests -  collectively called kinetic bench  tests - and                                                                    
     all  of  their shortcomings  involve  lack  of time  to                                                                    
     adequately assess how different ores behave.                                                                               
                                                                                                                                
     I have not  found any part of the  DEC regulations that                                                                    
     even mention  these tests.   This is the sort  of thing                                                                    
     we would like to have policies  on.  But you know what?                                                                    
     We can't.   The state  tells us  every area we  want to                                                                    
     address  with our  policies is  covered by  the various                                                                    
     agencies --  yet the  state has nothing  on this.   So,                                                                    
     no,  it does  not appear  to us  that the  watershed is                                                                    
     adequately protected.                                                                                                      
                                                                                                                                
11:46:27 AM                                                                                                                   
                                                                                                                                
DEWAYNE  JOHNSON  stated support  for  HB  134, because  it  will                                                               
ensure water for  the residents, as opposed to  allowing the mine                                                               
to prioritize water usage.  If  water levels are low, the village                                                               
people will  not be able  to obtain  supplies via barge.   Flying                                                               
supplies in would be cost prohibitive, he opined.                                                                               
                                                                                                                                
11:47:24 AM                                                                                                                   
                                                                                                                                
JOE FAITH said  that HB 134 is necessary to  protect the water in                                                               
Bristol  Bay,  especially  from  harmful  water  diversions,  and                                                               
pollutions.   He  reminded the  committee that  they are  charged                                                               
with "regulating the regulators."   Permitting predictions, often                                                               
do not  match the reality once  mining begins.  Up  to 90 percent                                                               
of  the  current operating  mines,  have  exceeded water  quality                                                               
standards.   One hole in  the permitting  process is the  lack of                                                               
regulations for  mercury emissions for  gold mining; except  as a                                                               
hazardous  pollutant  when  a single  mine  exceeds  20  thousand                                                               
pounds.   He said  this could risk  having advisories  issued for                                                               
daily  salmon consumption  limits.    Mercury emission  standards                                                               
should be  required for the  entire state, he maintained.   Other                                                               
concerns he posed were:  Pebble  Mine as an experiment, due to it                                                               
size and  operating conditions; water requirements  for operating                                                               
the mine; salmon  runs; volcanic conditions in the  area; and the                                                               
potential  for earthquakes.   Additionally,  other  mines may  be                                                               
developed  in the  area, requiring  more water.   He  likened the                                                               
subsistence resources to a neighborhood  grocery store, and said,                                                               
"You wouldn't want  somebody to go to your store  and threaten it                                                               
with cyanide  and sulfuric acid."   Water  is the source  of life                                                               
and needs  to be protected by  this bill, and he  requested it be                                                               
passed with the appropriate amendments.                                                                                         
                                                                                                                                
11:50:52 AM                                                                                                                   
                                                                                                                                
BOBBY   ANDREW,  Spokesman,   Nunamta  Aulukestai,   praised  the                                                               
committee for  journeying to the  region, and encouraged  them to                                                               
do the same throughout the state,  when other regions stand to be                                                               
impacted by similarly important legislation.   He pointed out the                                                               
village resolutions  that have been  passed to oppose  the Pebble                                                               
Mine.  The effects of mineral  development will be evident in the                                                               
water  quality, as  well as  the air,  and land.   Water,  as the                                                               
source  of life,  is  fundamental  for the  health  of the  areas                                                               
renewable resources, and the residents  who depend upon them.  He                                                               
called for all of the watersheds  of the area to be protected, as                                                               
spawning  grounds for  the anadromous  and  non anadromous  fish.                                                               
The  subsistence  life style  has  sustained  the people  of  the                                                               
region, who consider  themselves "rich in many ways."   Many have                                                               
chosen  to lead  a  western  culture based  life,  and many  live                                                               
between  that  and  their  traditional   culture.    The  village                                                               
corporation leaders have the responsibility  to protect the land,                                                               
as  they were  selected for  their ability  to sustain  renewable                                                               
resources, as well  as future economic development  purposes.  He                                                               
stated  support  for the  amendment  proposed  by Ralph  Andersen                                                               
[same day  testimony taken  at 10:18:00].   He  acknowledged that                                                               
some villages  passed resolutions in  support of the  original HB
134.   Finally,  he offered  to  be a  facilitator for  committee                                                               
members interested in visiting any of the villages.                                                                             
                                                                                                                                
11:57:05 AM                                                                                                                   
                                                                                                                                
PATRICIA TREYDTE,  as a commercial  fisher and  subsistence user,                                                               
stated  that the  Pebble Mine  could only  be detrimental  to the                                                               
area.   She  cautioned that  the bill  is broad,  and in  need of                                                               
amendments.    The  individual exceptions  pose  a  problem,  she                                                               
opined,  stating  that  private  property  rights  are  extremely                                                               
important whether  they effect individuals,  Native corporations,                                                               
or Native  allotments.   However, those  rights must  be balanced                                                               
with  protecting  the  resources,  as  the  resources  belong  to                                                               
everyone; everyone depends on them.   Imposing restrictions based                                                               
on  the scale  of  the  project may  be  the  best approach,  vs.                                                               
individual exceptions which could cause unintended consequences.                                                                
                                                                                                                                
12:01:28 PM                                                                                                                   
                                                                                                                                
ALICE  RUBY, Mayor,  City  of Dillingham,  stated  that the  city                                                               
supports HB 134 in its concept  and intent.  She paraphrased from                                                               
a   prepared  statement,   which   read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     My name is  Alice Ruby and I am speaking  to you now as                                                                    
     the  Mayor  of the  City  of  Dillingham.   Welcome  to                                                                    
     Dillingham  again.    Thank you  for  coming  here  and                                                                    
     allowing us to speak to you in person.                                                                                     
                                                                                                                                
     We  understand  that you  flew  over  the Nushagak  and                                                                    
     Kvichak drainages during  the past couple of  days.  So                                                                    
     you  are somewhat  familiar with  the geography  of our                                                                    
     area.  The water body  that flows past our community is                                                                    
     the mouth of  the Nushagak River -  the Mulchatna River                                                                    
     flow[s] into the Nushagak and  literally past our front                                                                    
     door.                                                                                                                      
                                                                                                                                
     Dillingham  is a  first  class city.    We are  located                                                                    
     outside of the  Lake and Pen Borough  boundaries and we                                                                    
     are a part  of the unorganized borough.   Our municipal                                                                    
     boundaries  extend about  11 miles  north  and about  6                                                                    
     miles west.   They generally  follow the shores  of the                                                                    
     Nushagak and Wood Rivers.                                                                                                  
                                                                                                                                
     We have  about a  $10 million annual  municipal budget.                                                                    
     Of that,  about $5 million  is the School  district and                                                                    
     $5 million  is city  operations.  Our  city contributed                                                                    
     $1.3 million  to the City  school district for FY  08 -                                                                    
     that is  an increase from  about $1.1 in FY07  and $1.2                                                                    
     in FY06 -  please note that our  school contribution is                                                                    
     almost twice what is required by law.                                                                                      
                                                                                                                                
     We  are a  permanent population  of about  2500 people.                                                                    
     But at  any time  you will  see hundreds  and sometimes                                                                    
     thousands  more people  moving  through our  community.                                                                    
     During  the  summer  months, hundreds  of  people  flow                                                                    
     through   for    commercial   fishing    -   fishermen,                                                                    
     crewmembers,  processing labor  force  and the  fishing                                                                    
     support industry.   Fortunate  or unfortunate,  a large                                                                    
     percentage  of those  people are  from  outside of  our                                                                    
     region - from around the state and around the nation.                                                                      
                                                                                                                                
     We  are a  transition  and transportation  hub for  the                                                                    
     Togiak  National  Wildlife  refuge,  the  Wood  Tikchik                                                                    
     State  Park   and  the   Nushagak/Mulchatna  Watershed.                                                                    
     During the spring, summer and  fall, we see hundreds of                                                                    
     people flow through  our community in route  to the 50#                                                                    
     lodges  and  dozens  of  temporary  sport  fishing  and                                                                    
     hunting camps in  those areas.  A client  will pay from                                                                    
     a few hundred  to over $5,000 per week to  visit one of                                                                    
     those sites.                                                                                                               
                                                                                                                                
     We support our  city through a 13 mill  property tax, a                                                                    
     6 percent  sales tax,  a 10 percent  bed &  alcohol tax                                                                    
     and  a  variety of  user  fees  via our  dock,  harbor,                                                                    
     landfill, water & sewer and others.                                                                                        
                                                                                                                                
     In about 2  months our voters will be  presented with a                                                                    
     proposition   for   a   $15   million   G.O.   [General                                                                    
     Obligation] Bond  to renovate  our schools.   We expect                                                                    
     to  take advantage  of the  state's debt  reimbursement                                                                    
     program and we  expect to be able to repay  the bond by                                                                    
     holding tight to our current level of service.                                                                             
                                                                                                                                
     We choose  to tax ourselves fairly  heavily; especially                                                                    
     relative to  other communities within  our region.   We                                                                    
     do  so  because  we  want  to  maintain  and  grow  our                                                                    
     infrastructure  and ultimately  the  community that  we                                                                    
     have.                                                                                                                      
                                                                                                                                
     It's no  secret to any  resident in our  community that                                                                    
     we're struggling.  We are  an economy in recovery.  Our                                                                    
     cost of living  is high from everyday  groceries to our                                                                    
     energy.                                                                                                                    
                                                                                                                                
     Our  economy and  ultimately the  community's tax  base                                                                    
     are critically  dependent upon our  renewable resources                                                                    
     - that is our fish,  game and the habitat that sustains                                                                    
     us.    Whether  it is  commercial  fishing,  commercial                                                                    
     recreation,   private    recreation,   or   subsistence                                                                    
     activities.   We choose  to grow  our economy  based on                                                                    
     the  resources that  surround us  - we  have chosen  to                                                                    
     make an effort to enhance  our fishing industry and our                                                                    
     recreational industry.                                                                                                     
                                                                                                                                
     Anything  that   happens  in  the  headwaters   of  the                                                                    
     Nushagak/Mulchatna Rivers  will have  an affect  on our                                                                    
     community.   It will affect  our social as well  as our                                                                    
     economic well  being and our  future.  That is  why the                                                                    
     City  of  Dillingham  has taken  a  position  of  "Fish                                                                    
     First".  Any activity  that threatens the water quality                                                                    
     of the river is of great  concern to our community.  We                                                                    
     must  protect those  renewable  resources  and we  must                                                                    
     protect the river that feeds us.                                                                                           
                                                                                                                                
     HB 134  represents the protections that  are needed for                                                                    
     the  river  bodies  that feed  our  community  and  the                                                                    
     economy  that we  are continuing  to try  to grow.   We                                                                    
     strongly urge your support.                                                                                                
                                                                                                                                
     I  listened with  interest to  some of  the suggestions                                                                    
     for  modifying  the  bill.   We  agree  that  there  is                                                                    
     probably room for some modifications  to the bill.  The                                                                    
     exemptions  could  be  broadened to  include  community                                                                    
     development.     Though   the   council  hasn't   given                                                                    
     direction,  I  believe  that the  suggestion  that  the                                                                    
     prohibited  activities  could  be   based  on  size  or                                                                    
     magnitude has  some potential for clarifying.   I don't                                                                    
     believe the council would support  exclusion of land by                                                                    
     ownership status  because it  is the water  column that                                                                    
     is being addressed.  All  lands whether federal, state,                                                                    
     private, or trust lands (such  as allotments) should be                                                                    
     considered; otherwise excluding  parcels in a patchwork                                                                    
     pattern would probably defeat the purpose of the bill.                                                                     
                                                                                                                                
12:04:17 PM                                                                                                                   
                                                                                                                                
DOROTHY B. LARSON said that  although she is an administrator for                                                               
the Curyung Tribal Council and  vice-president of Curyung Limited                                                               
Corporation,  she   related  that  the  Curyung   Tribal  Council                                                               
supports HB 134, pending modification.   She pointed out that the                                                               
intent,  although dealing  with water  usage, extends  to protect                                                               
all of the  habitat/environment in the region;  perhaps state and                                                               
worldwide.   Monetary  value is  placed on  economic development,                                                               
however,  a  monetary  value  should  also  be  attached  to  the                                                               
subsistence  factor of  the renewable  resources.   This inherent                                                               
value may  be difficult to  ascertain, but she reported  that for                                                               
her family it would amount  to approximately $27,000; considering                                                               
what  they would  have  to  purchase if  they  could not  consume                                                               
salmon, moose,  caribou, duck, geese, berries,  and other natural                                                               
resources.  She stipulated that  this figure should be considered                                                               
conservative, and explained how she  arrived at the total.  These                                                               
"backyard" resources  are all  dependent on  water and  a quality                                                               
habitat.    Extrapolating  this   figure  to  encompass  the  800                                                               
Dillingham  households,  and  the  sub  regional  residents,  the                                                               
figure is over $21 million  dollars annually.  The inherent value                                                               
cannot be priced,  she opined.  The state should  take a stand on                                                               
protection over development.  She  stated that she is not against                                                               
development,  however, some  opportunities are  more feasible  in                                                               
light of  the harm and adverse  effects that they could  cause to                                                               
the environment.                                                                                                                
                                                                                                                                
12:09:26 PM                                                                                                                   
                                                                                                                                
GEORGE WILSON, JR., introduced himself  as a commercial fisherman                                                               
and  subsistence user.   He  stated  support for  the bill,  with                                                               
modification to allow  fish processors to expand,  and other dock                                                               
construction to  occur.  Additionally, he  suggested that private                                                               
and Native land  should be exempt for  small commercial business.                                                               
Industrial scale development should not be allowed, he opined.                                                                  
                                                                                                                                
12:11:22 PM                                                                                                                   
                                                                                                                                
ANNA NIELSEN, Elder,  as an elder, she related a  story, from her                                                               
youth, of the reindeer herders,  who would visit her home village                                                               
of Nushagak once  a year to slaughter several hundred  deer.  The                                                               
early  fishing operations  of the  area were  also related.   She                                                               
pointed out  that the  common thread  was the  care of  the land.                                                               
These  groups  would  always  leave a  "clean  camp,"  she  said,                                                               
because of  their concern for  the environment.  She  opined that                                                               
people do  not take the  same level of  care today.   The animals                                                               
must  be  cared for,  via  a  clean  habitat, and  she  expressed                                                               
concern  for the  detrimental  effects, and  what  would be  left                                                               
behind, should a large scale mine begin operations.                                                                             
                                                                                                                                
12:18:08 PM                                                                                                                   
                                                                                                                                
RUSSELL NELSON paraphrased from  a prepared statement, which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     I  believe   that  the  Bristol  Bay   watershed  needs                                                                    
     protection  for  the sake  of  our  salmon economy  and                                                                    
     lifestyle.   My biggest fear  is we would trade  a long                                                                    
     term renewable  economy for a short  term non-renewable                                                                    
     economy that  has the potential of  destroying not only                                                                    
     the salmon populations that  this community depends on,                                                                    
     but also the  tourism that has been built  up here over                                                                    
     the past several decades.                                                                                                  
                                                                                                                                
     The only concern that I have  with this bill is, that I                                                                    
     would like to  make sure that we can  still continue to                                                                    
     develop gravel  pits, rock  quarries, roads,  and power                                                                    
     lines between the villages and  towns as necessary when                                                                    
     the people  in the  communities of Bristol  Bay require                                                                    
     them.                                                                                                                      
                                                                                                                                
     While you  are here I hope  you will take time  to look                                                                    
     at our schools  and keep in mind that  Research shows a                                                                    
     Facility  condition  may  have  a  stronger  effect  on                                                                    
     student  performance  than  the  influences  of  family                                                                    
     background,  socioeconomic  status, school  attendance,                                                                    
     and behavior  combined.  Well designed  facilities send                                                                    
     a  powerful  message to  kids  about  the importance  a                                                                    
     community places on education.                                                                                             
                                                                                                                                
12:20:07 PM                                                                                                                   
                                                                                                                                
RICK TENNYSON, Land Manager, Choggiung Limited, paraphrased from                                                                
a prepared statement, which read as follows [original                                                                           
punctuation provided]:                                                                                                          
                                                                                                                                
     Choggiung  Limited Village  Corporation represents  the                                                                    
     villages of  Dillingham, Ekuk,  and Portage  Creek with                                                                    
     over  1700 shareholders  most residing  in the  Bristol                                                                    
     Bay  region, and  is owner  of about  350,000 acres  of                                                                    
     land.   Choggiung opposes the  development of  open pit                                                                    
     mining  in Bristol  Bay region;  therefore, we  support                                                                    
     house bill  134 in  its existing  version or  a similar                                                                    
     version.                                                                                                                   
                                                                                                                                
     Choggiung's Mission Statement:                                                                                             
     Choggiung's mission  is to be a  profitable corporation                                                                    
     ensuring  current and  future shareholder  benefits, as                                                                    
     we  protect  our  land,  and  respect  our  people  and                                                                    
     heritage.                                                                                                                  
                                                                                                                                
     As with  many Alaskan locations Bristol  Bay is unique.                                                                    
     Bristol Bay's  unique is our abundance  of wild salmon,                                                                    
     Bristol Bay  hosts the  world's largest  sockeye salmon                                                                    
     run.   These salmon  along with  many species  of trout                                                                    
     thrive in  our naturally pristine waters.   People from                                                                    
     all  over   the  world  come  to   enjoy  our  pristine                                                                    
     environment, but they leave the  land and water as they                                                                    
     found it, pristine.                                                                                                        
                                                                                                                                
     These natal pristine waters  provide nourishment to our                                                                    
     mammals, fish, plants,  and berries.  All  of which are                                                                    
     vital to our subsistence way of life.                                                                                      
                                                                                                                                
     These  waters  not  only provide  for  our  subsistence                                                                    
     needs, but  our economic needs  as well.   The combined                                                                    
     commercial  value  of   salmon,  halibut,  and  herring                                                                    
     totaled over $100  million in 2005.   This industry has                                                                    
     been  our  economic  engine  for  more  then  the  past                                                                    
     century.  Each  year this industry leaves  the land and                                                                    
     water as they found it, pristine.                                                                                          
                                                                                                                                
     Open  pit  mining  will  forever  change  the  regional                                                                    
     demographics of our  land and water.   This will affect                                                                    
     our subsistence and economic lifestyle of Bristol Bay.                                                                     
                                                                                                                                
     We  the local  residents, down  stream of  an open  pit                                                                    
     mine will  receive little or no  economic benefits from                                                                    
     an open pit mine, but we  will be the one receiving the                                                                    
     blunt  of the  affects  of  an open  pit  mine.   These                                                                    
     affects  could  be  subtle,   such  as  mine  employees                                                                    
     competing for our subsistence  foods or as catastrophic                                                                    
     as  injecting toxic  waste  in to  our  aquifer.   This                                                                    
     would  kill  our  mammals, fish,  plants,  and  berries                                                                    
     totally  destroying   our  subsistence  way   of  life,                                                                    
     leaving  the  residents  down  stream  with  absolutely                                                                    
     nothing.                                                                                                                   
                                                                                                                                
     Choggiung  Limited  shareholders   voted  at  its  2006                                                                    
     Annual Shareholder meeting  at a ratio of  three to one                                                                    
     to oppose open pit mining in the Bristol Bay region.                                                                       
                                                                                                                                
     Choggiung   Limited    Village   Corporation   strongly                                                                    
     supports economic development and  the creation of jobs                                                                    
     in  Bristol  Bay but  is  unwilling  to compromise  its                                                                    
     longstanding  relationship with  our  land, water,  and                                                                    
     traditional lifestyle.   Any economic benefits  an open                                                                    
     pit mine  may offer  in the Bristol  Bay region  is not                                                                    
     worth risking our subsistence way of life.                                                                                 
                                                                                                                                
12:23:09 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN [Inaudible.]                                                                                              
                                                                                                                                
MR. TENNYSON responded that Choggiung  is in partnership with the                                                               
Bristol  Bay   Native  Corporation   (BBNC),  operating   a  rock                                                               
quarry/gravel business.   Additionally  there have:   land leases                                                               
along  the  Nushagak  and Mulchatna  Rivers;  commercial  fishing                                                               
interests; and commercial and residential rental units in town.                                                                 
                                                                                                                                
12:24:20 PM                                                                                                                   
                                                                                                                                
ROBERT HEYANO noted that he is a commercial fisherman and                                                                       
subsistence user.  He stated that he supports the concept of HB
134, and paraphrased from a prepared statement, which read as                                                                   
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     I  support the  concept  of HB  134  for the  following                                                                    
     reasons:                                                                                                                   
                                                                                                                                
     1)  Clean  water and  fish  habitat  are essential  for                                                                    
     maintaining the  fish resources of Bristol  Bay.  Under                                                                    
     Federal  management and  before  enactment  of the  200                                                                    
     mile limit  the Bristol Bay salmon  returns experienced                                                                    
     periods  of  very  low levels.    Through  conservative                                                                    
     management and because  of the fact that  the water and                                                                    
     fish habitat  were pristine and undisturbed  the salmon                                                                    
     resources  rebounded to  all time  high levels  without                                                                    
     the aid of a single hatchery.                                                                                              
                                                                                                                                
     2)   I  believe   the  actions   taken   by  the   past                                                                    
     administration, moving  habitat from  Fish and  Game to                                                                    
     DNR,  the loss  of  senior  experienced management  the                                                                    
     move created  within habitat  division, changes  to the                                                                    
     Alaska  Coastal  Resource Management  program  reducing                                                                    
     their   effectiveness   on  habitat   protection,   and                                                                    
     allowing mixing  zones in  salmon spawning  streams has                                                                    
     weaken  the  protection  of   fish  and  their  habitat                                                                    
     through  the  permitting  process.    Protecting  clean                                                                    
     water through  legislation such as  HB 134  would place                                                                    
     it in statute and  prevent further administrations from                                                                    
     changing it by EO.                                                                                                         
                                                                                                                                
     3) The  Alaska Board of Fisheries  after their December                                                                    
     Bristol  Bay  meeting gathered  additional  information                                                                    
     and concluded  at their March  2007 meeting  that there                                                                    
     are  not sufficient  habitat protections  in place  for                                                                    
     the Bristol Bay fishery.                                                                                                   
                                                                                                                                
     4)  The image  of Alaska  with its  clean and  pristine                                                                    
     waters   sells   Alaska  produced   seafood   products.                                                                    
     Approximately  2 years  ago Bristol  Bay drift  gillnet                                                                    
     permit  holders  established  the second  RSDA  in  the                                                                    
     State  of Alaska  and voted  in  support of  a 1%  self                                                                    
     assessment tax to fund the  RSDA,  The primary goal for                                                                    
     the RSDA  is to increase the  value of the fish  to the                                                                    
     harvester.   With all the publicity  and attention that                                                                    
     the Northern Dynasty mineral  deposit has generated, my                                                                    
     concern  is  that  without additional  protections  for                                                                    
     assurance  of clean  water  the  mining activity  would                                                                    
     have a serious  negative impact to the  primary goal of                                                                    
     the RSDA.                                                                                                                  
                                                                                                                                
     5) The value and uniqueness  of the salmon and resident                                                                    
     species  of   fish  resources  in  this   area  require                                                                    
     additional  protections  such  as  what  HB  134  would                                                                    
     provide.                                                                                                                   
                                                                                                                                
12:28:11 PM                                                                                                                   
                                                                                                                                
HJALMAR  OLSON,  Chairman/Chief  Executive Officer,  Bristol  Bay                                                               
Native  Corporation; Member,  Board of  the Alaska  Federation of                                                               
Natives   (AFN);  Member,   Nushagak  Fish   and  Game   Advisory                                                               
Committee; stated that earlier testimony  of the AFN Board taking                                                               
a stance on this bill, should  be considered erroneous.  When the                                                               
board convenes in Fairbanks, in the  next month, the issue may be                                                               
on  the   agenda,  however,  he  reported   AFN  generally  takes                                                               
positions on statewide  issues only, not regional  issues of this                                                               
type.                                                                                                                           
                                                                                                                                
                                                                                                                                
12:30:09 PM                                                                                                                   
                                                                                                                                
RACHEL MUIR paraphrased from a  prepared statement, which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     I have only lived in  Dillingham for fifteen years, but                                                                    
     living  in  a place  pristine  enough  to support  wild                                                                    
     salmon habitat  is an honor and,  globally, is becoming                                                                    
     a rare  privilege.   I support  measures such  as House                                                                    
     Bill  134 to  restore  protection of  the watershed  of                                                                    
     Bristol Bay.                                                                                                               
                                                                                                                                
12:30:46 PM                                                                                                                   
                                                                                                                                
MIKE DAVIS recalled the effort  that was expended on hearings, in                                                               
the 1970's, to appropriately address  regulatory measures for the                                                               
impending oil development.  He  suggested that an eco system will                                                               
be  impacted, by  the  proposed [Pebble  Mine],  and opined  that                                                               
existing regulations do  not address the protection  of an entire                                                               
eco system.  The legislature should  take up the task of ensuring                                                               
this type  of regulation,  he suggested.   He requested  that the                                                               
committee modify and  support this legislation, as it  is a "step                                                               
in the right direction."                                                                                                        
                                                                                                                                
12:32:35 PM                                                                                                                   
                                                                                                                                
RICK HALFORD stated support for the concept of HB 134, and said:                                                                
                                                                                                                                
     There's  a lesson  in this  bill for  all of  us.   You                                                                    
     know, Mr.  Edgmon started out  with a draft  request to                                                                    
     Legislative Legal;  probably to build a  rifle to shoot                                                                    
     a moose  250 yards away.  ... The lawyers ...  went all                                                                    
     through this, in  every direction, and sent  him back a                                                                    
     shotgun, and  the moose is  still 250 yards away.   And                                                                    
     we're spending all of our  time arguing about where the                                                                    
     stray pellets go.  The  bottom line is the Pebble Mine.                                                                    
     It's hard to  avoid getting back to  that, because it's                                                                    
     mega projects we're talking about not little projects.                                                                     
                                                                                                                                
MR.  HALFORD  continued,  handing  out   a  visual  page  to  the                                                               
committee,  indicating  the  scope  of   the  Pebble  Mine.    He                                                               
underscored that  it is the  largest project  of its kind  in the                                                               
world.  He  sympathized with the situation that  the committee is                                                               
faced with:   the largest  salmon run on  earth, and a  this mega                                                               
project  that sits  in a  saddle between  the two  drainages that                                                               
feed  that fishery.    Corporations  are not  allowed  to have  a                                                               
conscience, because it's an economic  instrument, he pointed out.                                                               
He explained contribution  restrictions that govern corporations,                                                               
as  such contributions  are inherently  used  to sway  decisions.                                                               
The  only way  in which  a corporation  is allowed  to contribute                                                               
funds is  if it is  intended to  create a better  environment for                                                               
their work, and, eventually, to lead  to a better bottom line for                                                               
their stock holders.  He went on:                                                                                               
                                                                                                                                
     That  means  leave  less  in  Alaska;  take  more  from                                                                    
     Alaska.  Article 8, of  the constitution, Sec. 13 talks                                                                    
     about  water  rights. ...  It  finishes  with:   "water                                                                    
     rights are  subject to the general  reservation of fish                                                                    
     and  wildlife."    That's after  everything  else,  and                                                                    
     applies to  everything else.  Now,  what reservation is                                                                    
     there  for  the  Upper  Talarik  Creek  fish  when  his                                                                    
     spawning bed  ... is  at the bottom  of a  two thousand                                                                    
     foot deep  hole that's three  miles wide.   Somehow you                                                                    
     have to figure out what to  do with that.  I don't know                                                                    
     that you  will be able  to deal  with it in  this bill.                                                                    
     Again, it's become  a shotgun, it needs to  be a rifle.                                                                    
     It needs to  exempt all of the small  things that we're                                                                    
     too worried about and deal  with the mega projects that                                                                    
     we are worried  about.  But one of the  things that you                                                                    
     hear ... is  let the permitting process  work. ... That                                                                    
     sounds good.  But be  worried that that's code for "let                                                                    
     us get  far enough that we  establish court enforceable                                                                    
     rights,  that we  can then  sue  you for,  and you  can                                                                    
     never afford to stop us."  ... At the very least, amend                                                                    
     the  mineral   leasing  act  to   say  that   no  court                                                                    
     enforceable rights  accrue until after the  permits are                                                                    
     actually issued.                                                                                                           
                                                                                                                                
12:38:17 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES   recalled  when  Mr.  Halford,   a  former                                                               
legislator, represented his district.  [Inaudible.]                                                                             
                                                                                                                                
MR. HALFORD responded,  "I'm afraid I have.   Again the magnitude                                                               
is unbelievable."  He likened  it to the Prudhoe Bay development,                                                               
and speculated  that it will  spawn a number of  organizations to                                                               
take up the  issue.  It's bigger  than ANWR, or the  gas line, it                                                               
is the  biggest issue on  the horizon  for the state,  he opined.                                                               
The  values  on both  sides  are  astronomical  and set  up  "the                                                               
perfect  storm"  for  a discussion  between  renewable  and  non-                                                               
renewable  resources.   He predicted  the battle  will ensue  for                                                               
some time to come.                                                                                                              
                                                                                                                                
12:39:49 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON  clarified the amendment that  he suggested                                                               
be made  to the bill:   disallowing enforceable rights  to accrue                                                               
until after the permits are issued.                                                                                             
                                                                                                                                
MR. HALFORD cautioned against allowing  the permitting process to                                                               
proceed, expecting that the project  could be disallowed via that                                                               
process.    The  investment  that  the  corporation  establishes,                                                               
through  that process,  entitles them  to property  rights, which                                                               
can be litigated.  At that point,  the state would not be able to                                                               
afford to stop the development,  despite the dangers to the other                                                               
resources.  A $50 billion  lawsuit would have to go unchallenged.                                                               
To  avoid a  legal  trap, this  point needs  to  be clarified  by                                                               
Legislative Legal, and included in the bill.                                                                                    
                                                                                                                                
12:41:05 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX asked about  the permitting process and the                                                               
location of the Office of Habitat [inaudible].                                                                                  
                                                                                                                                
MR. HALFORD  responded that  at some  point you  have to  have an                                                               
investment climate that operates.   The exploration aspect can be                                                               
economic for  the region, even  if the  long term project  is not                                                               
supported; a conflict that needs to be avoided.                                                                                 
                                                                                                                                
12:42:30 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES  recalled  that  when  Mr.  Halford  was  a                                                               
legislator  there  was  legislation  that  addressed  watersheds.                                                               
[Inaudible.]                                                                                                                    
                                                                                                                                
MR. HALFORD  said that years  ago he opposed legislation  that he                                                               
wished he had not.   The legislation amplified the aforementioned                                                               
section and discussed inflow stream  reservations for salmon.  He                                                               
referred again to  Article 8, Sec. 13, to emphasize  the point he                                                               
made earlier  for reservation of  habitat.  Further,  he stressed                                                               
that the size of this mineral project is unparalleled.                                                                          
                                                                                                                                
12:44:40 PM                                                                                                                   
                                                                                                                                
THOMAS   TILDEN,   Member,   Choggiung   Tribe;   Representative,                                                               
Choggiung  Limited;   on  behalf  of  the   Choggiung  Tribe  and                                                               
Choggiung Limited, stated support for  the concept of HB 134, and                                                               
said the  tribe would be  willing to  work with the  committee on                                                               
appropriate  modifications.   He  recalled the  formation of  the                                                               
Comprehensive  Bristol Bay  Plan  in  1982.   At  that time,  the                                                               
Native  interests focused  on protection  of the  salmon habitat,                                                               
including the extensive watershed.   The concern was submitted to                                                               
be included  in the comprehensive  plan and was overruled  by the                                                               
mining industry and the state.   He said, "It seems as though ...                                                               
the  State of  Alaska is  something that  we are  fighting with."                                                               
This fight extends  to the Coastal Zone Management  Plan, and the                                                               
issuance of water permits.  He  pointed out that the fisheries of                                                               
Bristol Bay  belong not  only to  Alaska, but  to the  nation, as                                                               
people come  from around the nation  to fish, or work  during the                                                               
season.    He expanded  the  scope  to the  international  arena,                                                               
considering the  exportation of the  fish products to  the global                                                               
market.   Further, he stated, "What  we are working with  here is                                                               
an 1872 law."  At that time the  gold was visible in the ore, but                                                               
today the method  does not require visual evidence.   The gold is                                                               
extracted  utilizing cyanide,  and other  caustic chemicals  that                                                               
are harmful in the environment.   When his father came to Alaska,                                                               
he recounted, he came as a  gold miner.  After several seasons of                                                               
mining, he discovered his gold  in the renewable resources of the                                                               
region.  He finished:                                                                                                           
                                                                                                                                
     That's what  we find, here  in Bristol Bay, is  we have                                                                    
     found our  gold.   And our  gold is  about ready  to be                                                                    
     trashed.  You don't plant  a cabbage field, and throw a                                                                    
     ... herd  of cattle  in it, and  expect to  eat cabbage                                                                    
     afterwards;  it's not  going to  be there.   It's  just                                                                    
     like putting  a mine ...  at the head of  the watershed                                                                    
     of our  salmon streams.   One of  them is going  to go.                                                                    
     You're  going to  either eat  beef  or salmon.   But  I                                                                    
     doubt very much  you're going to be  eating any salmon,                                                                    
     because I think  you're going to have to find  a way to                                                                    
     eat  gold.   And  we don't  want to  eat  gold. ...  To                                                                    
     thrive the  way that we  thrive we need to  continue to                                                                    
     live  the way  that  we  live. ...  We  know that  this                                                                    
     particular  bill  is  not  perfect,  but  we  love  the                                                                    
     intent.   We want  to continue  to live  our lifestyle,                                                                    
     and we depend on you to  protect us, and watch over us,                                                                    
     by  doing what  is right;  making the  changes so  that                                                                    
     this bill is doable for all of us.                                                                                         
                                                                                                                                
12:49:20 PM                                                                                                                   
                                                                                                                                
ULU TILDEN  said, following college,  she chose to return  to her                                                               
childhood home  of Dillingham  to live and  work as  a biologist.                                                               
She related that this summer  she obtained a job coordinating six                                                               
interns,  some of  which entered  the situation  unsure of  their                                                               
education but left wanting to  be biologists.  The aforementioned                                                               
is just one  example, she said, of ways that  the young people of                                                               
the area can find work.   She opined that there are other avenues                                                               
to diversify  the local economy  without turning to  something as                                                               
high risk as a mine.   Ms. Tilden informed the committee that she                                                               
is a finalist  for the Alaska Marketplace Award with  the hope to                                                               
start  an  organic   farm  if  she  is  funded.     Although  she                                                               
characterized the  spirit of  HB 134 as  good, she  expressed the                                                               
need  for modifications  to  the legislation  in  order to  allow                                                               
smaller  renewable  development.   She  pledged  her support  for                                                               
protecting the  watersheds from high risk  development for future                                                               
generations.                                                                                                                    
                                                                                                                                
12:50:49 PM                                                                                                                   
                                                                                                                                
KAREN MCCAMBLY  related that last  year she testified  before the                                                               
Board  of  Fisheries as  a  commercial  [fisher] and  subsistence                                                               
user.  She said that her thoughts  have not changed.  As a mother                                                               
and youth advocate  of Dillingham, Ms. McCambly said  that she is                                                               
present today  for the children  because what is done  today will                                                               
be  of  consequence  of  [their]  future  and  livelihood.    The                                                               
decisions that will  be made will make or break  the residents of                                                               
the  region.   She then  paraphrased from  a prepared  statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     We  must  first  protect  our   water  quality  by  not                                                                    
     allowing  the  Pebble  Mine to  be  developed  in  this                                                                    
     region.   Earlier in the  year, Northern  Dynasty Mines                                                                    
     sent out  some representatives  to "inform"  the people                                                                    
     of this  region about their plans.   Their presentation                                                                    
     was mediocre,  their answers  vague, and  their concern                                                                    
     for us was none existent.   Afterward it was clear that                                                                    
     they were not  out here for us, they  were here because                                                                    
     it  was  good for  their  PR  [public relations].    My                                                                    
     question for them is how  much money is enough, so that                                                                    
     they  can  sleep  at  night,   after  telling  us  that                                                                    
     everything  is going  to be  OK.   Luckily, ladies  and                                                                    
     gentlemen  of the  legislature, you  have the  power to                                                                    
     put  us at  ease. ...  I am  asking that  when you  ...                                                                    
     write HB  134, that you  please remember us.   Remember                                                                    
     the  people  who  took  time   away  from  their  jobs,                                                                    
     remember  the students  who took  time away  from their                                                                    
     class, remember everyone who  stood before you, because                                                                    
     they  felt that  it  was important  to  share with  you                                                                    
     their feelings, their thoughts,  and the anxiety of the                                                                    
     project that is before us.  ... Thank you for acting on                                                                    
     what is in the best interest  of the people.  All I ask                                                                    
     is  that you  ...  do  for us  what  we  cannot do  for                                                                    
     ourselves.  You are the voice of the people.                                                                               
                                                                                                                                
12:53:42 PM                                                                                                                   
                                                                                                                                
STEVE  WASSILY,   JR.,  introduced  himself  as   a  generational                                                               
commercial fisherman  living a subsistence lifestyle.   There are                                                               
few  jobs  in  the  villages, making  subsistence  crucial.    He                                                               
related his opposition  to the Pebble Mine as he  feared for what                                                               
the  Pebble  Mine  would  do to  the  region's  environment,  and                                                               
subsistence lifestyle.                                                                                                          
                                                                                                                                
12:56:51 PM                                                                                                                   
                                                                                                                                
MARIAN  SMALL suggested  that part  of  Alaska National  Interest                                                               
Lands  Conservation  Act  (ANILCA)   should  have  addressed  the                                                               
protection of the water, Native  livelihoods, and Native culture.                                                               
She said:                                                                                                                       
                                                                                                                                
     Every  raindrop that  falls down,  goes  down into  our                                                                    
     land, and  our creeks, and  to our bodies.   There's no                                                                    
     job in this world that's  going to support our families                                                                    
     forever.   Every raindrop  is needed  in order  for our                                                                    
     Native culture, and lifestyle to survive.                                                                                  
                                                                                                                                
12:58:17 PM                                                                                                                   
                                                                                                                                
STAN  SMALL,   speaking  as  a  commercial   fisherman,  recalled                                                               
discussion from a Board of  Fisheries meeting in which the Pebble                                                               
Mine mentioned  the possibility of  using an earthen dam.   After                                                               
looking into  the use of an  earthen dam, Mr. Small  related that                                                               
he  discovered an  earthen  dam that  failed  in Idaho,  creating                                                               
casualties.  Pebble Mine is  proposing an earthen dam, and should                                                               
it fail, it  would be toxic water cascading  forth and destroying                                                               
the  environment.   He offered  support for  the bill,  but needs                                                               
some work.                                                                                                                      
                                                                                                                                
1:00:18 PM                                                                                                                    
                                                                                                                                
HELEN CYTHLOOK paraphrased from  a prepared statement, which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     I  am representing  myself, but  do have  some comments                                                                    
     for  the  Qayassiq  Walrus  Commission  (QWC)  and  the                                                                    
     Bristol Bay  Marine Mammal Council (BBMMC)  I work for.                                                                    
     Although  what I  say does  not currently  reflect what                                                                    
     their stance on this HB 134 Bill is.                                                                                       
                                                                                                                                
     I am an  Aleknagik Traditional Council member.   I have                                                                    
     commercially  fished all  my  life  'til recently  some                                                                    
     personal  health   problems  have  prevented   me  from                                                                    
     participating  in the  seasonal fishery.   Although,  I                                                                    
     along  with the  majority of  the Bristol  Bay and  the                                                                    
     Alaska  Peninsula   heavily  rely  on   our  year-round                                                                    
     traditional activities of  harvesting and gathering for                                                                    
     our  food   resources  which  include  mainly   in  the                                                                    
     Nushagak  area salmon,  or 'sayaq,  neqa" in  the Yupik                                                                    
     Eskimo  language.    Our late  father,  Tom  Chythlook,                                                                    
     taught  us to  practice  our traditional  way of  life,                                                                    
     which  includes  Native traditional  values/customs  of                                                                    
     treating the land, the seas,  the water, and the air we                                                                    
     breathe  in with  utmost respect,  like walking  into a                                                                    
     church  with reference.   One,  because the  lands, the                                                                    
     earth,  and  the  environments our  traditional  Native                                                                    
     ancestor's   or  ciurllaq's   walked   on  are   sacred                                                                  
     traditional areas where they used  to live on.  Without                                                                    
     pure water,  the marine and fresh  water food resources                                                                    
     will  die because  they will  stop  being nourished  by                                                                    
     water to  grow, produce, and  give themselves to  us to                                                                    
     sustain us.  We need  to continue to protect our lands,                                                                    
     the  lakes,  the rivers,  and  the  ocean ecosystem  we                                                                    
     gather  and  harvest  our traditional  food  resources.                                                                    
     Please reference  the attached  2 documents  I supplied                                                                    
     for you, a letter to  Governor Sarah Palin, dated March                                                                    
     13, 2007, and a memo dated  August 22, 2007, of some of                                                                    
     the  concerns of  the QWC  I work  for -  #1.   The QWC                                                                    
     Commissioners  would  like  to  be  involved  with  any                                                                    
     environmental   issues    that   will    affect   their                                                                    
     traditional  way of  life including  - having  agencies                                                                    
     work  with  them  in   conducting  water  quality  test                                                                    
     monitoring  of  the commercial  herring/salmon  gillnet                                                                    
     fishery  waters of  Togiak, Nushagak,  Naknek, Kvichak,                                                                    
     Egegik, and Ugashik Districts  to establish a baseline.                                                                    
     Please  refer to  attached  correspondence for  further                                                                    
     details.    I  support  Representative  Edgmon's  draft                                                                    
     working bill,  HB 134, as  long as our  traditional way                                                                    
     of  life   will  continue  to  be   protected  with  no                                                                    
     restrictions, and  to continue  to give us  the freedom                                                                    
     to  gather  and  harvest our  salmon,  marine  mammals,                                                                    
     moose, and caribou, herring,  herring roe, clams, water                                                                    
     foul, bird  eggs, medicinal and edible  berries in pure                                                                    
     air,   pure  water,   and   a   pure  environment   for                                                                    
     generations to come.                                                                                                       
                                                                                                                                
1:03:52 PM                                                                                                                    
                                                                                                                                
PETER  CHRISTOPHER,  SR.,  related  the wide  area  in  which  he                                                               
commercial  fishes and  subsists  within.   He  then related  his                                                               
support  of HB  134,  although  he expressed  the  need for  some                                                               
revisions.    He  stressed  the   importance  of  protecting  the                                                               
watersheds  of the  area for  the  health of  the fisheries,  and                                                               
included concern for the health of  the game animals in the area.                                                               
He  reported  visiting  mines in  Nevada,  Fairbanks,  and  Nome,                                                               
stating  that  he  was  not  impressed with  any  of  them.    He                                                               
described  the  river  near  Nome, where  the  mine  has  closed,                                                               
leaving the  river polluted  with an  orange tinge,  and juvenile                                                               
fish that  are deformed.  Also,  the moose in the  area have blue                                                               
livers,  and the  feathers of  the cranes  are not  intact.   "It                                                               
scares me," he said.                                                                                                            
                                                                                                                                
1:10:21 PM                                                                                                                    
                                                                                                                                
MARGIE  NELSON said  that the  watershed is  the lifeline  to the                                                               
Bristol Bay people  and communities.  "Without the  health in our                                                               
watershed, what will we have?" she asked, and continued:                                                                        
                                                                                                                                
     Water  effects every  part of  our life.  ... Water  is                                                                    
     essential  for our  survival.   Water  is  a cycle,  it                                                                    
     effects our  whole environment.   I  want my  health, I                                                                    
     want  my clean  water,  and  I also  want  to keep  our                                                                    
     salmon wild.                                                                                                               
                                                                                                                                
1:12:23 PM                                                                                                                    
                                                                                                                                
JODY  SEITZ stated  support  for the  intent  of HB  134.   As  a                                                               
researcher  for ADF&G  18 years  ago,  she walked  the length  of                                                               
various aspects of the watershed.   She related her opposition to                                                               
Pebble Mine.   She opined on the sensitivity  to salmon regarding                                                               
changes  in  their  habitat, then  clarified  the  necessity  for                                                               
independent     science      and     appropriately     supported,                                                               
unbiased/unfettered scientists to prevail on the issue.                                                                         
                                                                                                                                
1:14:45 PM                                                                                                                    
                                                                                                                                
KEVIN JENSEN  noted that  although he  is a  member of  Pedro Bay                                                               
Village Council;  director of the  Pedro Bay Corporation;  and an                                                               
employee of the  formerly known as Northern Dynasty  Mines, he is                                                               
speaking  on  his  own  behalf.     He  stated  that  information                                                               
regarding Pedro  Bay may  have been  reported erroneously  to the                                                               
committee  regarding the  geology  of  the area.    Pedro Bay  is                                                               
surrounded  by  wetlands,  and  does   not  sit  on  bedrock,  as                                                               
mentioned.   The bill  would effect  development plans  that this                                                               
village has  in place, including  a deep water port  and bridges.                                                               
He noted his  opposition to HB 134, adding that  there could have                                                               
been changes made to [the law] that's already in place.                                                                         
                                                                                                                                
1:17:15 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON thanked everyone for their participation.                                                                          
                                                                                                                                
[HB 134 was held over.]                                                                                                         
                                                                                                                                
1:17:52 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries  meeting was  adjourned at  1:18                                                               
p.m.                                                                                                                            

Document Name Date/Time Subjects