Legislature(2007 - 2008)BARNES 124

02/25/2008 08:30 AM House FISHERIES


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08:37:54 AM Start
08:38:21 AM HB134
10:55:28 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 134 PROTECTION OF SALMON SPAWNING WATER TELECONFERENCED
Moved CSHB 134(FSH) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                       February 25, 2008                                                                                        
                           8:37 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Kyle Johansen                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 134                                                                                                              
"An Act relating to conservation and protection of wild salmon                                                                  
production in drainages affecting the Bristol Bay Fisheries                                                                     
Reserve; and providing for an effective date."                                                                                  
                                                                                                                                
     - MOVED CSHB 134(FSH) OUT OF COMMITTEE                                                                                     
                                                                                                                                
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                                                                              
09/26/07       (H)       Heard & Held                                                                                           
09/26/07       (H)       MINUTE(FSH)                                                                                            
02/18/08       (H)       FSH AT 8:30 AM BARNES 124                                                                              
02/18/08       (H)       Heard & Held                                                                                           
02/18/08       (H)       MINUTE(FSH)                                                                                            
02/20/08       (H)       FSH AT 8:30 AM BARNES 124                                                                              
02/20/08       (H)       Heard & Held                                                                                           
02/20/08       (H)       MINUTE(FSH)                                                                                            
02/22/08       (H)       FSH AT 8:30 AM BARNES 124                                                                              
02/22/08       (H)       Heard & Held                                                                                           
02/22/08       (H)       MINUTE(FSH)                                                                                            
02/25/08       (H)       FSH AT 8:30 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DICK MYLIUS, Director                                                                                                           
Central Office                                                                                                                  
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions on HB 134.                                                                        
                                                                                                                                
LYNN TOMICH KENT, Director                                                                                                      
Division of Water                                                                                                               
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions on HB 134.                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  8:37:54  AM.    Representatives                                                             
Seaton,  Edgmon,  LeDoux,  Johansen,  Johnson,  and  Wilson  were                                                               
present at the call to  order.  Representatives Holmes arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
HB 134-PROTECTION OF SALMON SPAWNING WATER                                                                                    
                                                                                                                                
8:38:21 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.]   [The                                                               
motion  to adopt  CSHB 134,  Version 25-LS0381\O,  Kane, 1/22/08,                                                               
was left pending at the February 18, 2008 meeting.]                                                                             
                                                                                                                                
CHAIR SEATON  explained that  the motion to  adopt Version  M was                                                               
still pending, with an objection,  when a motion to adopt Version                                                               
O was  offered.  He  asked that Representative  Johansen withdraw                                                               
the motion  for Version O,  and the committee would  proceed with                                                               
the pending Version M.                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHANSEN  removed his  motion for the  adoption of                                                               
CSHB 134, Version 25-LS0381\O, Kane, 1/22/08.                                                                                   
                                                                                                                                
8:39:06 AM                                                                                                                    
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
CHAIR  SEATON asked  if there  was an  objection to  removing the                                                               
motion to adopt CSHB 134, Version 25-LS0381\M, Kane, 2/22/07.                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON objected, stating  that he would prefer to                                                               
adopt  [the original  bill].   He  offered his  belief that  this                                                               
version was  more inclusive,  not as  targeted toward  a specific                                                               
project, and a better version.                                                                                                  
                                                                                                                                
CHAIR SEATON explained  that Version M is not  the original bill,                                                               
but is  the version that exempted  fisheries, transportation, and                                                               
energy projects.   He noted  that Version M was  being discussed,                                                               
though not  adopted, when  the committee went  to Bristol  Bay to                                                               
hear public testimony.                                                                                                          
                                                                                                                                
The committee took an at-ease from 8:40 a.m. to 8:48 a.m.                                                                       
                                                                                                                                
8:48:14 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  committee has Version M, Version                                                               
O, and the original bill in front of them.                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  Representative Edgmon  to clarify                                                               
the changes to each of the bill versions.                                                                                       
                                                                                                                                
CHAIR  SEATON  clarified that  he  has  requested to  remove  the                                                               
motion  to  adopt  Version  M,  and  Representative  Johnson  has                                                               
objected to that motion.                                                                                                        
                                                                                                                                
8:49:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON noted  that the original version  of HB 134                                                               
was introduced on  February 14, 2007, and  the subsequent Version                                                               
M  was offered  as a  working  draft on  February 22,  2007.   He                                                               
explained that on  page 2, line 23, of  Version M "transportation                                                               
projects, energy  projects, or seafood processing"  were added as                                                               
categories that would be exempted from the applied penalties.                                                                   
                                                                                                                                
REPRESENTATIVE   WILSON    pointed   out   that    the   language                                                               
"unincorporated communities; or", was also  added to Version M on                                                               
page 2, line 22.                                                                                                                
                                                                                                                                
8:51:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked if  the  original  bill was  ever                                                               
discussed, or was there an immediate motion to adopt Version M.                                                                 
                                                                                                                                
REPRESENTATIVE EDGMON deferred.                                                                                                 
                                                                                                                                
CHAIR  SEATON  offered his  belief  that  there were  discussions                                                               
about the broad implications of the original bill.                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  to  speak to  his  objection.   He                                                               
expressed his belief  that the original bill  is not specifically                                                               
anti-Pebble  Mine, and  pertains to  clean water  and saving  the                                                               
salmon  habitat.   He  commented that  the  original bill  better                                                               
broadens  the  protection  of  salmon,   and  is  not  a  special                                                               
legislation.   He  allowed that  he would  like to  see the  bill                                                               
become even broader  and he does not  agree with "grandfathering"                                                               
to allow already existing water polluters to continue.                                                                          
                                                                                                                                
8:54:17 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  for  specification  of the  "grandfathering"                                                               
language in  the original bill.   He offered his belief  that the                                                               
testimony  from Alaska  Department  of Fish  &  Game (ADF&G)  and                                                               
Department of  Natural Resources  (DNR) states  that there  is no                                                               
"grandfathering" and that  this bill would shut down  most of the                                                               
lodges.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  JOHNSON explained  that  he is  referring to  the                                                               
prohibited  list  "permitted  before   the  effective  date."  He                                                               
expressed his  belief that the  term "grandfathering"  applies to                                                               
"already permitted."                                                                                                            
                                                                                                                                
8:55:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  summarized that  all of the  bill versions                                                               
were  put forth  in the  spirit of  authorizing higher  levels of                                                               
conservation  and  providing  the  most  stringent  standards  to                                                               
ensure salmon protection in the  Bristol Bay area.  Currently, he                                                               
said,  there is  one  major [mining]  project  moving toward  the                                                               
permitting  phase, and  he read  that there  are now  three large                                                               
mining companies doing exploration  in the salmon fisheries area.                                                               
He commented  that it is  his belief  that the people  of Bristol                                                               
Bay  want  the salmon  fishery  protected  above  all else.    He                                                               
recommended that  Version O is  the best means  for accomplishing                                                               
this protection.                                                                                                                
                                                                                                                                
8:56:28 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  clarified  that  there  is  a  motion  before  the                                                               
committee to adopt Version M, with an objection.                                                                                
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if Representative  Johnson supports                                                               
the original bill.                                                                                                              
                                                                                                                                
8:57:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said that he  does not support any version                                                               
of this bill.  He offered his  belief that the bill will pass out                                                               
of  committee  and he  will  try  to  make  the bill  the  "least                                                               
egregious."  He  relayed that he can not support  this bill as he                                                               
has  a responsibility  to  his constituents.    He expressed  his                                                               
concern that  HB 134 will be  harmful, so he feels  the challenge                                                               
to make it less egregious.                                                                                                      
                                                                                                                                
CHAIR SEATON announced that public  testimony is closed, but that                                                               
DNR and ADF&G representatives are on line to answer questions.                                                                  
                                                                                                                                
8:58:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  said that,  after listening  to hundreds                                                               
of people  testify during the  committee trip to the  Bristol Bay                                                               
area, he recognizes that the  salmon are the most important thing                                                               
to this region.   He expressed his belief that  the original bill                                                               
does  the most  to  protect  the salmon  resource,  which is  the                                                               
cultural  and economic  value of  the  area.   He explained  that                                                               
Version   M  gives   "unincorporated  communities"   a  different                                                               
standing than  incorporated communities,  as there  are different                                                               
issues  between   the  two.     He  went   on  to   explain  that                                                               
transportation, energy, and seafood  projects are included in the                                                               
exemption.     He  offered  his  belief   that  energy  projects,                                                               
including dam  projects, are a huge  concern for the health  of a                                                               
salmon  population.   He allowed  that seafood  processing plants                                                               
have challenges with  waste and clean water.  He  relayed that he                                                               
heard  during  the  Bristol Bay  testimony  that  protecting  the                                                               
salmon is  the highest priority,  and he offered his  belief that                                                               
the original bill best protects the salmon.                                                                                     
                                                                                                                                
REPRESENTATIVE   LEDOUX   pointed    out   that   "unincorporated                                                               
communities" was added to Version M  to give them the same status                                                               
as  "ordinary existing  and future  municipal uses"  mentioned in                                                               
Section 2(b)(3).                                                                                                                
                                                                                                                                
9:03:51 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON   replied  that  there  is   a  difference  between                                                               
"unincorporated communities" and "municipal  uses," as one is for                                                               
a use, and the other is not  defined.  He offered his belief that                                                               
the   undefined   use,   and   the   lack   of   definition   for                                                               
"transportation   projects,    energy   projects,    or   seafood                                                               
processing"  is problematic.   He  said that  he also  objects to                                                               
adopting Version M.                                                                                                             
                                                                                                                                
9:05:40 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON reminded the committee  that there is still a motion                                                               
to  adopt  Version   M,  and  that  there  is   an  objection  by                                                               
Representative Holmes and Representative Johnson.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES  said that she will  withdraw her objection                                                               
to Version M.                                                                                                                   
                                                                                                                                
CHAIR  SEATON announced  that the  committee will  vote to  adopt                                                               
Version M.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether it  makes a  difference for                                                               
Version M to be  adopted in order to move on  to Version O, which                                                               
she prefers.                                                                                                                    
                                                                                                                                
CHAIR  SEATON responded  that a  motion to  adopt Version  O will                                                               
still  be available  after the  committee  determines whether  to                                                               
adopt Version M, or retain the original bill.                                                                                   
                                                                                                                                
9:08:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  asked  to  clarify whether  the  vote  on                                                               
adopting Version  M really  matters, as  the committee  can still                                                               
adopt Version O.                                                                                                                
                                                                                                                                
CHAIR SEATON  confirmed that the  committee can continue  to have                                                               
motions to adopt future working documents.                                                                                      
                                                                                                                                
REPRESENTATIVE  EDGMON said  that he  is going  to vote  to adopt                                                               
Version M, and then ask for a motion to adopt Version O.                                                                        
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  to clarify  that a  yes vote  is to                                                               
adopt Version M as the working draft.                                                                                           
                                                                                                                                
CHAIR SEATON  said that  the vote  is to adopt  Version M  as the                                                               
working draft.                                                                                                                  
                                                                                                                                
9:09:59 AM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives LeDoux, Holmes, and                                                               
Edgmon  voted in  favor  of  adopting Version  M  as the  working                                                               
draft.   Representatives  Wilson, Johnson,  Johansen, and  Seaton                                                               
voted against  it.  Therefore, the  motion to adopt Version  M as                                                               
the working draft failed by a vote of 3 yeas-4 nays.                                                                            
                                                                                                                                
REPRESENTATIVE EDGMON  moved to  adopt Version  O as  the working                                                               
document.                                                                                                                       
                                                                                                                                
REPRESENTATIVE JOHANSEN objected.                                                                                               
                                                                                                                                
9:11:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  said that he  is objecting for  the same                                                               
reasons he objected to Version M.                                                                                               
                                                                                                                                
REPRESENTATIVE  JOHNSON  stated  that  Version  O  is  a  further                                                               
narrowing of special legislation  to target a specific operation.                                                               
He offered his  belief that Version O does little  to protect the                                                               
salmon  habitat  from  anything  other  than  mining,  and  is  a                                                               
disservice to the  constituents, the salmon, and  the fresh water                                                               
of Bristol Bay.                                                                                                                 
                                                                                                                                
9:12:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON said  that she  is going  to vote  against                                                               
Version  O.    She  expressed  her belief  that  the  economy  of                                                               
Southeast  Alaska is  in  trouble, and  that there  is  a lot  of                                                               
mining,  and mining  potential in  this area.   She  allowed that                                                               
mining and  salmon fishing co-exist  in Southeast Alaska  and she                                                               
is concerned that Version O may change that.                                                                                    
                                                                                                                                
9:13:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  said that  he heard quite  clearly [during                                                               
testimony in Bristol Bay] that  there is great concern and desire                                                               
to protect  the watershed from  any unintended consequences.   He                                                               
specified that  Version O attempts  to bring the  mining industry                                                               
up to  the same standard  as the oil industry.   He said  that he                                                               
supports increasing economic  development.  He stated  that AS 46                                                               
lists  a  penalty  of  $10  per gallon  of  oil  that  enters  an                                                               
anadromous stream or other fresh  water environment, and he asked                                                               
why  there should  be  less stringent  standards  for the  mining                                                               
industry.  He noted that  the Pebble Partnership and other mining                                                               
claims are  moving forward, while  announcing that there  will be                                                               
no net loss to fisheries.   He expressed his belief that it seems                                                               
contradictory  for  the mining  industry  to  set  up a  fund  to                                                               
enhance the fisheries, while at  the same time putting mining by-                                                               
products into anadromous  streams.  He referred  to the confusion                                                               
during the Oil  Pollution Act Of 1990, and offered  his desire to                                                               
never  again have  to put  laws into  place after  the fact.   He                                                               
reminded the  committee that  they heard what  the people  in the                                                               
region wanted.                                                                                                                  
                                                                                                                                
9:15:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  said that she listened  and heard comments                                                               
from both sides.   She noted that many people  want more economic                                                               
development.    She  said  that   she  heard  concerns  that  the                                                               
permitting is  in DNR,  however the permitting  is now  back with                                                               
ADF&G.   She offered  her belief that  the permitting  process is                                                               
working, but that  Version O narrows things down too  much and it                                                               
will shut  down many areas  that are good  for the economy.   She                                                               
wanted to know the reason for  change when the process is working                                                               
to protect the fish and promote economic development.                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX  said that this procedural  gambit concerns                                                               
her.  She  expressed her belief that she heard  people ask for "a                                                               
chisel, not  a sledge  hammer."   She compared  Version O  to the                                                               
chisel, as it  addresses the concerns of the  Bristol Bay region.                                                               
She relayed that the public  testimonies toward the original bill                                                               
and Version M are concerned with unintended consequences.                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON  observed that comparing  a fine of  $10 a                                                               
gallon for  an oil spill  with a fine  of $1 million  for drawing                                                               
water from a stream is not fair and equal treatment.                                                                            
                                                                                                                                
9:22:04 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  directed attention to  the title of HB  134, noting                                                               
that there is clarification in the  bill title that this is not a                                                               
statewide bill, but a bill about Bristol Bay.                                                                                   
                                                                                                                                
9:23:21 AM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives LeDoux,  Holmes,                                                               
Edgmon,  Seaton voted  in  favor  of adopting  Version  O as  the                                                               
working  draft.   Representatives Johansen,  Johnson, and  Wilson                                                               
voted  against it.    Therefore,  Version O  was  adopted as  the                                                               
working draft by a vote of 4 yeas-3 nays.                                                                                       
                                                                                                                                
9:24:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON offered three amendments to Version O.                                                                    
                                                                                                                                
9:24:45 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:24 to 9:26:14 AM.                                                                        
                                                                                                                                
9:26:16 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  brought  attention  to Amendment  1,  labeled  25-                                                               
LS0381\O.1, Kane, 2/19/08, which read:                                                                                          
                                                                                                                                
     Page 3, line 6:                                                                                                            
          Delete "appropriate resolution"                                                                                       
          Insert "law [APPROPRIATE RESOLUTION]"                                                                             
                                                                                                                                
REPRESENTATIVE EDGMON moved to adopt Amendment 1.                                                                               
                                                                                                                                
REPRESENTATIVE JOHNSON objected for discussion.                                                                                 
                                                                                                                                
9:26:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON explained  that Amendment  1 would  remove                                                               
"appropriate resolution",  and replaces  it with "law"  because a                                                               
resolution is  advisory and  non-binding and  would not  have any                                                               
impact.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  WILSON  asked  for a  definition  of  "controlled                                                               
land" on page 3, line 5.                                                                                                        
                                                                                                                                
REPRESENTATIVE  EDGMON explained  that this  is a  technical term                                                               
from AS 38.                                                                                                                     
                                                                                                                                
CHAIR SEATON offered his belief that  this is land the state does                                                               
not own but has selected for possible ownership.                                                                                
                                                                                                                                
9:28:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON offered his  concern with the concept that                                                               
the legislature is the final decision  maker.  He quoted "what we                                                               
need here  is science  not political science"  and said  that the                                                               
decision should  be based upon research  and appropriate findings                                                               
by the departments.  He  expressed his belief that testimony does                                                               
not qualify a legislator to make  the same decisions as made by a                                                               
scientist in the  field.  He expressed his great  concern with HB
134  becoming  a  political  decision  instead  of  a  scientific                                                               
decision.    He  stated  that he  prefers  maintaining  the  word                                                               
"resolution" in Amendment 1 because it is non-binding.                                                                          
                                                                                                                                
CHAIR SEATON  explained that, although the  Legislative Legal and                                                               
Research Services said that a  resolution is only advisory, it is                                                               
not possible  to obtain a  permit unless the  legislature agrees.                                                               
In this  bill a resolution  creates a binding commitment,  as the                                                               
permitting cannot go  forward without it.  He  offered his belief                                                               
that  the issue  is for  the appropriate  use of  the two  terms,                                                               
"law" or  "resolution".  If the  construction of Version O  is to                                                               
be binding,  then the appropriate term  needs to be used,  and in                                                               
this  case   the  term   should  be  "law."     He   agreed  with                                                               
Representative Johnson  that the  secondary issue is  whether the                                                               
legislature should be involved.                                                                                                 
                                                                                                                                
9:32:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  expressed  his belief  that  the  larger                                                               
issue is legislative  involvement.  He agreed that,  if this bill                                                               
is to be passed, "law" would be the better term.                                                                                
                                                                                                                                
REPRESENTATIVE JOHANSEN  opined that a new  legislature might not                                                               
have the same opinion.                                                                                                          
                                                                                                                                
9:33:38 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON directed  attention  to the  Legislative Legal  and                                                               
Research Services  memo by Brian  Kane, dated February  12, 2008,                                                               
that read:                                                                                                                      
                                                                                                                                
     The court  stated that when  the legislature  wishes to                                                                    
     act  in  an   advisory  capacity,  it  may   do  so  by                                                                    
     resolution; but, when  it intends its action  to have a                                                                    
     binding effect  on people  outside the  legislature, it                                                                    
     may do  so only  by following the  enactment procedures                                                                    
     for bills.                                                                                                                 
                                                                                                                                
REPRESENTATIVE JOHNSON removed his objection to Amendment 1.                                                                    
                                                                                                                                
9:35:03 AM                                                                                                                    
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
9:35:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON moved  to adopt  Amendment 2,  labeled 25-                                                               
LS0381\O.2, Kane, 2/19/08, which read:                                                                                          
                                                                                                                                
     Page 3, lines 2 - 5:                                                                                                       
          Delete ", a permit or lease for the exploration,                                                                  
     development,  or extraction  of minerals  as authorized                                                                
     by  AS 38.05.135,  or  a  cooperative  mineral  leasing                                                                
     agreement as authorized by AS 38.05.137"                                                                               
          Insert "or a lease or other approval for                                                                          
     disposition of  minerals authorized  under AS 38.05.185                                                                
     - 38.05.275"                                                                                                           
                                                                                                                                
REPRESENTATIVE JOHNSON objected for discussion.                                                                                 
                                                                                                                                
REPRESENTATIVE  EDGMON  reported  that  Amendment  2  is  at  the                                                               
recommendation of DNR for a more specific definition.                                                                           
                                                                                                                                
9:36:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  opined that  the amendment speaks  to his                                                               
problem with  the entire bill,  namely that the bill  crosses the                                                               
line of specific legislation and  equal protection under the law.                                                               
He  offered his  belief  that the  bill is  now  closer to  being                                                               
unconstitutional,  as  the intent  is  specific  to a  region,  a                                                               
project, and a company.                                                                                                         
                                                                                                                                
REPRESENTATIVE  WILSON  asked what  the  effect  will be  of  the                                                               
statute changes in Amendment 2.                                                                                                 
                                                                                                                                
9:38:40 AM                                                                                                                    
                                                                                                                                
DICK  MYLIUS,  Director,  Division  of Mining,  Land  and  Water,                                                               
Central Office, Department of  Natural Resources (DNR), explained                                                               
that  state  law  defines  two   broad  categories  of  minerals:                                                               
leasable minerals  such as  oil, gas,  coal, phosphates,  and oil                                                               
shale  which are  opened to  competitive  bidding; and  locatable                                                               
minerals, such as  gold, silver, and platinum  which are acquired                                                               
by  staking  mining  claims.   The  original  Version  O  defined                                                               
leasable  minerals, and  the  amended  version defines  locatable                                                               
minerals.                                                                                                                       
                                                                                                                                
9:41:37 AM                                                                                                                    
                                                                                                                                
MR.  MYLIUS  listed  the  leasable   minerals  to  include  coal,                                                               
phosphates, oil  shale, sodium, sulfur,  potassium, oil  and gas,                                                               
and geothermal  resources.  He  explained that at  statehood, the                                                               
Alaska State Constitution established  that any minerals acquired                                                               
by  staking  mining  claims  under  federal  law  would  also  be                                                               
available under state  law.  There is not a  staked claim process                                                               
for  leasable  minerals,  which  include  oil  and  gas,  as  DNR                                                               
determines  the areas  to  be opened,  and  offers a  competitive                                                               
lease.                                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if an  open pit coal mine  would be                                                               
allowed in Bristol Bay.                                                                                                         
                                                                                                                                
MR.  MYLIUS responded  that  DNR initiates  the  coal process  by                                                               
deciding the  areas to  be opened for  leases, whereas  hard rock                                                               
mining is initiated by the staking of claims.                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON  confirmed that  DNR has the  authority to                                                               
decide that  should there  be a  coal deposit,  there could  be a                                                               
lease.                                                                                                                          
                                                                                                                                
MR. MYLIUS responded  that if the department  determines there is                                                               
coal then it is possible to obtain the appropriate permits.                                                                     
                                                                                                                                
REPRESENTATIVE EDGMON said that he  does not believe there is any                                                               
coal in the region.                                                                                                             
                                                                                                                                
9:44:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked if DNR  could currently permit a coal                                                               
mine, or only if Amendment 2 is adopted.                                                                                        
                                                                                                                                
MR.  MYLIUS responded  that DNR  could  permit a  coal mine  both                                                               
currently  and with  Amendment 2,  but  they could  not with  the                                                               
unamended Version O.                                                                                                            
                                                                                                                                
9:44:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES clarified  that  the  unamended Version  O                                                               
would allow DNR to permit with legislative approval.                                                                            
                                                                                                                                
MR. MYLIUS responded  that Version O without  Amendment 2 creates                                                               
a difficult  situation, as DNR  will only  be able to  lease with                                                               
legislative  approval.   He offered  his belief  that it  will be                                                               
difficult for  DNR to  offer a permit,  without knowing  if there                                                               
will be legislative approval.                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON asked  to clarify what DNR will  be able to                                                               
do if Amendment 2 is approved.                                                                                                  
                                                                                                                                
MR. MYLIUS replied that DNR  can currently approve mining permits                                                               
for  locatable  minerals through  the  appropriate  process.   He                                                               
opined that should  Amendment 2 pass, DNR could  not approve hard                                                               
rock mining  permits, as legislative approval  would be necessary                                                               
before a mine could be developed.   He offered his belief that it                                                               
would be possible to obtain  a conditional state agency approval,                                                               
contingent on the final approval of the legislature.                                                                            
                                                                                                                                
9:49:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  opined  that   this  is  the  concern  of                                                               
Representative Johnson.                                                                                                         
                                                                                                                                
CHAIR  SEATON  offered his  agreement,  but  identified that  the                                                               
problem is in Section 3.   He declared that Amendment 2 correctly                                                               
defines  locatable   minerals.    He  offered   his  belief  that                                                               
Amendment  2 is  a  technical amendment,  and  not a  substantive                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON removed his objection to Amendment 2.                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  asked if  it  is  possible to  have  both                                                               
leasable and locatable mineral claims in the same area.                                                                         
                                                                                                                                
MR. MYLIUS responded  that it is possible, especially  in a large                                                               
geographic area.                                                                                                                
                                                                                                                                
9:52:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON withdrew her objection to Amendment 2.                                                                    
                                                                                                                                
9:52:54 AM                                                                                                                    
                                                                                                                                
There being no objection, Amendment 2 is adopted.                                                                               
                                                                                                                                
9:53:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  brought attention to Amendment  3, labeled                                                               
25-LS0381\O.4, Kane, 2/19/08, which read:                                                                                       
                                                                                                                                
     Page 2, line 25, following "for":                                                                                          
          Insert "(A)"                                                                                                          
                                                                                                                                
     Page 2, line 27, following "zinc":                                                                                         
          Insert "or;                                                                                                           
               (B)  gold associated with any of the                                                                             
     minerals listed in (A) of this paragraph."                                                                                 
                                                                                                                                
REPRESENTATIVE EDGMON moved to adopt Amendment 3.                                                                               
                                                                                                                                
There being no objection, Amendment 3 was adopted.                                                                              
                                                                                                                                
9:54:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON moved  to adopt  Conceptual Amendment  4,                                                               
which would delete  from page 2, line  28 to page 3, line  7.  He                                                               
explained that this would remove the legislative purview.                                                                       
                                                                                                                                
CHAIR  SEATON   clarified  that  Conceptual  Amendment   4  would                                                               
eliminate all of Section 3 from Version O.                                                                                      
                                                                                                                                
9:55:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  EDGMON  explained that  Section  3  allows for  a                                                               
legislative review from a broad  policy perspective, as the value                                                               
of  the   fishery  and  the   anadromous  streams   constitute  a                                                               
circumstance in  which the  legislature should  be involved.   He                                                               
emphasized  that  the  bill  only  applies  to  the  Bristol  Bay                                                               
Fisheries Reserve  and that the  prospect for  anadromous streams                                                               
to be  in conflict  with large scale  mining operations  does not                                                               
currently exist elsewhere  in the state.  He  argued that Section                                                               
3 is pertinent to  the bill, but stated that he  is not as intent                                                               
to keep Section 3 as he is  to keep Section 2, which he described                                                               
as the "teeth in the legislation."                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHANSEN referred  to  the many  sections of  the                                                               
Alaska Lands  Act, AS 38.05,  and expressed his concern  that DNR                                                               
approval of permits  will have to wait  for legislative approval.                                                               
He concurred  with Representative Johnson's statement  that "what                                                               
we need  here is science  not political science," and  voiced his                                                               
disagreement with Section 3, which  he describes as "trumping the                                                               
regulators  that   we've  given  the  authority   to  make  those                                                               
decisions."  He offered his support for Conceptual Amendment 4.                                                                 
                                                                                                                                
9:59:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  posed the  possibility  for  DNR to  make                                                               
preliminary  permitting decisions  subject  to legislative  final                                                               
approval.                                                                                                                       
                                                                                                                                
CHAIR SEATON offered his belief that  this is beyond the scope of                                                               
Conceptual Amendment 4.                                                                                                         
                                                                                                                                
REPRESENTATIVE  JOHANSEN  opined  that  this  permitting  process                                                               
proposal is reverse to the way government should work.                                                                          
                                                                                                                                
10:01:46 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON explained  that Conceptual  Amendment 4  would only                                                               
delete Section 3 from Version O, and nothing more.                                                                              
                                                                                                                                
10:02:57 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX  expressed  her belief  that  her  earlier                                                               
question  to   the  permitting  procedure  is   relevant  to  the                                                               
amendment.  She  asked again if DNR will do  a preliminary permit                                                               
subject to legislative approval.                                                                                                
                                                                                                                                
CHAIR SEATON  replied that  Section 3 states  that the  permit or                                                               
lease  would   not  be  effective   "until  the   legislature  by                                                               
appropriate  law  specifically  finds  that the  entry  will  not                                                               
constitute danger to the fishery."                                                                                              
                                                                                                                                
REPRESENTATIVE  LEDOUX  offered  her  belief  that  this  is  the                                                               
intent, but she is asking for clarification from DNR.                                                                           
                                                                                                                                
10:04:34 AM                                                                                                                   
                                                                                                                                
MR. MYLIUS acknowledged  that DNR has not had  the opportunity to                                                               
review the  proposed process, but he  offered his interpretation.                                                               
He  explained  that  [locatable]   mining  rights  are  applicant                                                               
driven, so DNR  would be obligated to process  an application for                                                               
authorization.  He  opined that the DNR process  would only allow                                                               
for conditional approval, and then  the application would proceed                                                               
to the legislature for final approval.                                                                                          
                                                                                                                                
REPRESENTATIVE  WILSON posed  the  scenario that  removal of  the                                                               
legal  description for  Bristol  Bay in  Section  3 would  permit                                                               
statewide authority.                                                                                                            
                                                                                                                                
MR. MYLIUS agreed that would be  the result of the removal of the                                                               
legal description.   He noted that the  current legal description                                                               
does not include the uplands.                                                                                                   
                                                                                                                                
CHAIR SEATON  directed attention back to  Conceptual Amendment 4,                                                               
which will delete  Section 3 from Version O and  not make changes                                                               
to any existing statutes.                                                                                                       
                                                                                                                                
REPRESENTATIVE   WILSON  offered   a   conceptual  amendment   to                                                               
Conceptual Amendment 4.                                                                                                         
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  for  a  clarification  from  the                                                               
sponsor of Conceptual Amendment 4.                                                                                              
                                                                                                                                
REPRESENTATIVE JOHNSON explained that  the intention is to remove                                                               
Section  3 from  Version  O  and to  leave  the existing  statute                                                               
unchanged.                                                                                                                      
                                                                                                                                
10:08:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON asked for a clarification from DNR.                                                                       
                                                                                                                                
MR. MYLIUS  explained that  the current  statute only  applies to                                                               
oil and gas  surface entry permits in Bristol Bay,  so if Section                                                               
3 is removed,  the oil and gas restrictions in  Bristol Bay would                                                               
remain unchanged.                                                                                                               
                                                                                                                                
CHAIR  SEATON posed  that the  boundaries for  Bristol Bay  would                                                               
remain the same if Section 3 is deleted from Version O.                                                                         
                                                                                                                                
MR. MYLIUS agreed.                                                                                                              
                                                                                                                                
REPRESENTATIVE  WILSON  withdrew   her  conceptual  amendment  to                                                               
Conceptual Amendment 4.                                                                                                         
                                                                                                                                
10:10:13 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX  posed that  an application  for an  oil or                                                               
gas lease in Bristol Bay can  not be issued until the legislature                                                               
finds  that  the  lease  will  not constitute  a  danger  to  the                                                               
fisheries.                                                                                                                      
                                                                                                                                
MR.  MYLIUS stated  that this  is partly  correct.   He explained                                                               
that the statute  prohibits any surface entry  within the Bristol                                                               
Bay Fisheries Reserve  for an oil or gas lease.   He allowed that                                                               
DNR could issue  an oil or gas lease for  directional drilling as                                                               
long  as there  is not  a surface  entry within  the Bristol  Bay                                                               
Fisheries Reserve.   If a company stated that it  is not possible                                                               
to access the  oil or gas through directional  drilling, it would                                                               
become necessary to  request a permit from the  legislature for a                                                               
surface entry within the Bristol Bay Fisheries Reserve.                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX posed a situation  whereby a company deemed                                                               
it  necessary  for  a  surface   entry  within  the  Bristol  Bay                                                               
Fisheries Reserve,  and asked  if the  permit procedure  would be                                                               
initiated through DNR or the legislature.                                                                                       
                                                                                                                                
10:12:48 AM                                                                                                                   
                                                                                                                                
MR. MYLIUS  said that  DNR has never  gone through  this process,                                                               
but  he speculated  that  DNR would  request  the initial  permit                                                               
application  include  a  requirement  for  directional  drilling.                                                               
When  the company  subsequently submits  their development  plan,                                                               
they would state the need for  a surface entry within the Bristol                                                               
Bay  Fisheries  Reserve,  as  the  company  has  determined  that                                                               
directional drilling  is not possible.   He did not  know whether                                                               
DNR  would  then allocate  a  conditional  approval dependent  on                                                               
legislative approval, or if another process would be pursued.                                                                   
                                                                                                                                
10:13:30 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHNSON   asked  for  speculation   of  applicant                                                               
reactions to a requirement for  legislative approval prior to DNR                                                               
lease approval for permits in the Bristol Bay Fisheries Reserve.                                                                
                                                                                                                                
MR.  MYLIUS  offered his  belief  that  this  would be  an  added                                                               
consideration  to the  applicants,  but he  would  "not hazard  a                                                               
guess" as to the reaction.                                                                                                      
                                                                                                                                
10:15:58 AM                                                                                                                   
                                                                                                                                
A roll  call vote was  taken.  Representatives  Wilson, Johansen,                                                               
Johnson, and  Seaton voted  in favor  of Conceptual  Amendment 4.                                                               
Representatives  Holmes, Edgmon,  and  LeDoux  voted against  it.                                                               
Therefore, Conceptual Amendment 4 passed by a vote of 4 yeas-3                                                                  
nays.                                                                                                                           
                                                                                                                                
REPRESENTATIVE JOHNSON moved to adopt Conceptual Amendment 5,                                                                   
which he explained would delete everything in Section 2.                                                                        
                                                                                                                                
10:17:11 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  replied that Conceptual  Amendment 5  would nullify                                                               
the bill as it would  only leave legislative findings, therefore,                                                               
it was not in order for  amendment procedures.  He asked that the                                                               
request be withdrawn.                                                                                                           
                                                                                                                                
REPRESENTATIVE JOHNSON withdrew his request to adopt Conceptual                                                                 
Amendment 5.                                                                                                                    
                                                                                                                                
10:18:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON moved to adopt Amendment 6, labeled 25-                                                                  
LS0381\O.7, Kane, 2/25/08, which read:                                                                                          
                                                                                                                                
     Page 2, line 12, following "operation":                                                                                    
          Insert "or the discharge of a hazardous                                                                               
     substance"                                                                                                                 
                                                                                                                                
     Page 2, line 16, following "operation":                                                                                    
          Insert "or the discharge of a hazardous                                                                               
     substance"                                                                                                                 
                                                                                                                                
     Page 2, following line 24:                                                                                                 
     Insert new paragraphs to read:                                                                                             
               "(2)  "discharge" means any addition of a                                                                        
         hazardous substance to water described in this                                                                         
     section;                                                                                                                   
               (3)  "hazardous substance" means                                                                                 
               (A)  an element or compound that, when it                                                                        
     enters in  or upon the  surface or subsurface  water of                                                                    
     the state,  presents a danger  to the public  health or                                                                    
     welfare,   including  a   danger   to  fish,   animals,                                                                    
     vegetation,  or  any part  of  the  natural habitat  in                                                                    
     which fish, animals, or vegetation are found;                                                                              
               (B)  oil; or                                                                                                     
               (C)  a substance defined as a hazardous                                                                          
     substance under 42 U.S.C. 9601(14);"                                                                                       
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
                                                                                                                                
REPRESENTATIVE WILSON objected for discussion.                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHNSON  offered his  belief  that  Version O  is                                                               
targeted  legislation,  and  that  Amendment 6  allows  for  true                                                               
protection of  Bristol Bay.   He explained that Amendment  6 adds                                                               
"discharge  of a  hazardous substance,"  includes any  polluters,                                                               
and  allows  for equivalent  fines  regardless  of the  hazardous                                                               
subsistence.   He stated  that Amendment 6  affirms that  "if you                                                               
pollute, you will  pay."  He noted that his  intention is to keep                                                               
Bristol Bay water clean and protect the fish.                                                                                   
                                                                                                                                
10:20:32 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON expressed  his belief that Amendment  6 would remove                                                               
the need for the proposed Alaska Clean Water Initiative.                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON said that he  does not think this would be                                                               
the case, as  Amendment 6 only applies to Bristol  Bay.  He noted                                                               
that it is  not his intention to include the  whole state in this                                                               
amendment.                                                                                                                      
                                                                                                                                
10:21:34 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES offered her  belief that Amendment 6, lines                                                               
12-15,  which define  "hazardous  substance" are  vague, and  she                                                               
requested a clearer definition.                                                                                                 
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked Ms.  Kent  for  a definition  for                                                               
"hazardous substance."                                                                                                          
                                                                                                                                
LYNN  TOMICH KENT,  Director, Division  of  Water, Department  of                                                               
Environmental  Conservation   (DEC),  offered  to   research  the                                                               
definition of "hazardous substance."                                                                                            
                                                                                                                                
10:23:04 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  for the  federal  definition  of                                                               
"hazardous substance."                                                                                                          
                                                                                                                                
REPRESENTATIVE EDGMON directed attention  to line 13 of Amendment                                                               
6 which  reads "water  of the  state," noting  that Version  O is                                                               
concerned with the waters of Bristol Bay.                                                                                       
                                                                                                                                
10:24:25 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  asked if  the  sponsor's  intention with  "or  the                                                               
discharge of a  hazardous substance" indicates any  amount, or is                                                               
to  be  applied  only  to  levels  above  the  standards  in  the                                                               
permitting process.                                                                                                             
                                                                                                                                
REPRESENTATIVE  JOHNSON  responded  that   his  intention  is  to                                                               
indicate any  amount of pollution into  the water, but he  is not                                                               
opposed  to   a  friendly  amendment  using   the  current  water                                                               
standards.                                                                                                                      
                                                                                                                                
10:26:28 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EDGMON  offered  his  belief  that  both  he  and                                                               
Representative Johnson agree  on the concept of HB 134.   He said                                                               
that  he  does  not  want  a  broad  application  for  the  bill,                                                               
preferring to focus on sulfide mining operations.                                                                               
                                                                                                                                
REPRESENTATIVE  JOHNSON expressed  his belief  that Version  O is                                                               
special legislation, stating  that Amendment 6 makes  Version O a                                                               
clean  water bill,  not an  anti-mining bill.   He  indicated his                                                               
support  for  the  protection  of  clean  water  and  the  salmon                                                               
habitat,  but he  does not  want  to target  a specific  industry                                                               
anywhere in the  state.  He said that he  wants to see completion                                                               
of  the  permit  process  for  Pebble  Mine  before  he  makes  a                                                               
determination about the mine.                                                                                                   
                                                                                                                                
10:29:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX asked how  Amendment 6 mitigates any effect                                                               
on the Pebble Mine.                                                                                                             
                                                                                                                                
REPRESENTATIVE  JOHNSON  responded  that the  amendment  will  do                                                               
nothing to mitigate  the effects on any industry,  but it removes                                                               
Version O  from the special  legislation category.   He mentioned                                                               
that Amendment 6 would make this area a sanctuary.                                                                              
                                                                                                                                
10:30:49 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX  opined that  if there  is not  any mining,                                                               
then there won't be anything else.                                                                                              
                                                                                                                                
REPRESENTATIVE JOHNSON  declared that  "if there  is going  to be                                                               
pollution of  any kind in  a district, there should  be pollution                                                               
of no kind in a district."                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if Representative  Johnson advocates                                                               
the removal of all planning and zoning regulations.                                                                             
                                                                                                                                
10:31:19 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON reminded the committee  not to move beyond the scope                                                               
of Amendment 6.                                                                                                                 
                                                                                                                                
MS. KENT  responded that she received  a copy of Amendment  6 and                                                               
she has researched  a definition for "hazardous  substance."  She                                                               
identified AS 46.03.826, definition 5, which reads:                                                                             
                                                                                                                                
     ... means an  element or compound which  when it enters                                                                    
     into the atmosphere or in  or upon the water or surface                                                                    
     or subsurface  land of the  state presents  an imminent                                                                    
     or substantial  danger to the public  health or welfare                                                                    
     including   but   not   limited   to   fish,   animals,                                                                    
     vegetation,  or  any part  of  the  natural habitat  in                                                                    
     which  they are  found;  (B) oil;  or  (C) a  substance                                                                    
     defined  as  a  hazardous  substance  under  42  U.S.C.                                                                    
     9601(14).                                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHNSON explained  that  the  only difference  he                                                               
intended  with the  definition Ms.  Kent  read is  to remove  the                                                               
atmospheric discharge from the Amendment 6 definition.                                                                          
                                                                                                                                
CHAIR  SEATON  noted that  the  Amendment  6 definition  did  not                                                               
include a reference to "imminent danger."                                                                                       
                                                                                                                                
10:33:25 AM                                                                                                                   
                                                                                                                                
MS.  KENT  read  from  the  statute  definition:    "presents  an                                                               
imminent and substantial danger to  the public health or welfare,                                                               
including but not limited to... ."                                                                                              
                                                                                                                                
CHAIR SEATON asked Ms. Kent if  the inclusion of those words make                                                               
a difference in the interpretation or enforcement.                                                                              
                                                                                                                                
MS. KENT offered  her belief that the question will  be whether a                                                               
permitted  discharge   meets  the   definition  of   a  hazardous                                                               
substance.    She  explained  that   DEC  would  not  consider  a                                                               
discharge  that was  permitted  under the  terms  of their  water                                                               
quality standards  to be  an imminent  and substantial  danger to                                                               
the public health and welfare.                                                                                                  
                                                                                                                                
CHAIR SEATON  posed the  question that  the removal  of "imminent                                                               
and  substantial"  from  Amendment   6  allows  for  a  different                                                               
interpretation.                                                                                                                 
                                                                                                                                
10:34:52 AM                                                                                                                   
                                                                                                                                
MS. KENT said  that DEC does not interpret  a permitted discharge                                                               
to present a danger, imminent and substantial or otherwise.                                                                     
                                                                                                                                
CHAIR  SEATON offered  his belief  that it  is best  to keep  the                                                               
definitions, and he asked the sponsor if that was acceptable.                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON  replied that  it is  his intention  to be                                                               
more restrictive, in order to protect this area.                                                                                
                                                                                                                                
10:36:16 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WILSON   asked  DEC   if  this   amendment  would                                                               
interfere with  the current fishing  industry, from  fishermen to                                                               
processors, in Bristol Bay.                                                                                                     
                                                                                                                                
MS. KENT  offered that her  interpretation of Amendment  6 allows                                                               
other kinds of permitted discharges.                                                                                            
                                                                                                                                
10:37:11 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  asked the  sponsor  if  the  addition of  "or  the                                                               
discharge of  a hazardous substance"  is to not  allow permitting                                                               
for the discharge of a hazardous substance.                                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON replied that this is his intention.                                                                      
                                                                                                                                
REPRESENTATIVE EDGMON asked  DEC to detail the  civil or monetary                                                               
penalty for violating the hazardous substance laws.                                                                             
                                                                                                                                
MS. KENT  requested the assistance  of an attorney to  answer the                                                               
question.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  EDGMON asked  if DEC  considered the  language in                                                               
Amendment 6 to be necessary or desired.                                                                                         
                                                                                                                                
MS. KENT asked to defer the response to an attorney.                                                                            
                                                                                                                                
10:39:24 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON  asked for a  DEC determination as  to the                                                               
necessity of HB 134 for permitting in Bristol Bay.                                                                              
                                                                                                                                
MS.  KENT responded  that DEC  has not  taken a  position on  the                                                               
bill.    She said  that  DEC  has a  good  set  of water  quality                                                               
standards, as well as a good  permitting process for all types of                                                               
operations that discharge waste water.                                                                                          
                                                                                                                                
CHAIR SEATON  clarified that  the intent of  the amendment  is to                                                               
prevent  any  hazardous  discharge including  any  new  discharge                                                               
permits for wastewater, pollution, or mixing zones.                                                                             
                                                                                                                                
REPRESENTATIVE JOHNSON  added that  Amendment 6 also  carries the                                                               
same penalties for all polluters.                                                                                               
                                                                                                                                
10:41:15 AM                                                                                                                   
                                                                                                                                
A  roll  call  vote  was  taken.    Representatives  Johnson  and                                                               
Johansen voted in favor of  Amendment 6.  Representatives LeDoux,                                                               
Holmes, Edgmon, Wilson, and Seaton  voted against it.  Therefore,                                                               
Amendment 6 failed by a vote of 2 yeas-5 nays.                                                                                  
                                                                                                                                
CHAIR  SEATON  asked if  there  were  any more  amendments,  and,                                                               
seeing none, he asked for discussion of the bill.                                                                               
                                                                                                                                
10:42:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHNSON  expressed  his  belief that  HB  134  is                                                               
targeted   legislation.     He  offered   his  estimate   of  the                                                               
undeveloped resource  value and calculated  that the cost  to the                                                               
state will  be in the billions  if there is a  determination that                                                               
this is  a "takings" issue.   He said that any  legal proceedings                                                               
could include NAFTA, and consequently  could be contested outside                                                               
Alaska.  He  said that he does not support  the legislation as he                                                               
believes  it  to   be  ill  advised.    He   announced  that  the                                                               
legislation puts  a "not open for  business" sign on Alaska.   He                                                               
allowed that there  is not enough information to  make a decision                                                               
regarding the Pebble  Mine and he will not make  a decision until                                                               
the feasibility study is completed.                                                                                             
                                                                                                                                
10:45:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EDGMON  opined that  this  is  a good  bill  that                                                               
creates  higher  conservation  standards   by  applying  a  stiff                                                               
monetary penalty  if there is  damage done to  anadromous streams                                                               
through the  operation of  a sulfide  mine.   He agreed  that the                                                               
bill is  specific to the Bristol  Bay region.  He  explained that                                                               
he is not  passing judgment on the mining industry,  as this bill                                                               
only pertains to the Bristol Bay  region.  He posed a question to                                                               
the Pebble Partnership that if they  are truly looking at "no net                                                               
loss, no damage" to the fisheries,  they should support HB 134 to                                                               
help gain  the public's trust.   He stated that "takings"  is not                                                               
an issue as the exploration  stage is not complete; otherwise the                                                               
state will be in a legal  battle with many mining companies which                                                               
are currently  exploring in  Alaska.   He reminded  the committee                                                               
that  the  Alaska State  Constitution  declares  to "protect  the                                                               
public health, life,  and safety of its residents"  and engage in                                                               
higher conservation  standards.   He offered  his belief  that HB
134 upholds the constitution and  presents an opportunity for the                                                               
state to  clarify "takings."  He  offered his belief that  HB 134                                                               
is a  good, necessary  bill to protect  the resources  of Bristol                                                               
Bay.                                                                                                                            
                                                                                                                                
10:49:48 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON offered  his belief  that HB  134 does  not address                                                               
water quality  standards.   He specified that  the bill  does not                                                               
mention waters  that are  not contiguous  with the  aquifers that                                                               
flow into  the anadromous  watersheds.   He expressed  his belief                                                               
that the  "takings" issue  needs to be  more directed  in further                                                               
legislation.   He  opined  that the  House  Special Committee  on                                                               
Fisheries has done as much as possible with HB 134.                                                                             
                                                                                                                                
10:51:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES said that while she  thinks HB 134 is not a                                                               
perfect bill, she believes the  committee has conducted extensive                                                               
hearings and she is voting to move the bill out of committee.                                                                   
                                                                                                                                
CHAIR SEATON announced  that HB 134 is public policy  issue, so a                                                               
conflict  of interest  may be  stated  on the  record, but  these                                                               
conflicts are not used for voting in the committee.                                                                             
                                                                                                                                
10:53:20 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON  explained that  HB 134 was  not introduced                                                               
to engender any benefits to  the Native corporation he represents                                                               
or  to himself.    He  allowed that  the  bill  does not  provide                                                               
benefits for anyone, but the  intent is to provide protection for                                                               
the watershed and for the fishing industry.                                                                                     
                                                                                                                                
10:54:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EDGMON  moved to  report  CSHB  134, Version  25-                                                               
LS0381\O,  Kane,  1/22/08,  as  amended, out  of  committee  with                                                               
individual recommendations and no fiscal notes.                                                                                 
                                                                                                                                
10:54:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON objected.                                                                                                
                                                                                                                                
10:54:42 AM                                                                                                                   
                                                                                                                                
A  roll call  vote was  taken.   Representatives LeDoux,  Holmes,                                                               
Edgmon, Wilson, and  Seaton voted in favor of  adopting CSHB 134,                                                               
Version 25-LS0381\O,  Kane, 1/22/08, as amended,  with individual                                                               
comments.   Representatives  Johnson and  Johansen voted  against                                                               
it.   Therefore,  CSHB 134(FSH)  was  reported out  of the  House                                                               
Special Committee on Fisheries by a vote of 5-2.                                                                                
                                                                                                                                
10:55:28 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  announced that CSHB 134(FSH)  was reported                                                               
from  the House  Special Committee  on Fisheries  with individual                                                               
recommendations and indeterminate fiscal notes.                                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries meeting  was adjourned  at 10:55                                                               
a.m.                                                                                                                            

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