Legislature(2009 - 2010)BARNES 124

02/17/2009 10:15 AM House FISHERIES


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10:16:29 AM Start
10:17:17 AM Overview(s): Alaska Department of Fish & Game, Subsistence Division
11:00:36 AM Overview(s): Alaska Department of Fish & Game, Habitat Division
11:40:27 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Overviews: Dept. of Fish & Game - TELECONFERENCED
Subsistence Division Dir. Craig Fleener
Habitat Division Dir. Kerry Howard
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                       February 17, 2009                                                                                        
                           10:16 a.m.                                                                                           
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Chair                                                                                              
Representative Wes Keller                                                                                                       
Representative Charisse Millett                                                                                                 
Representative Cathy Engstrom Munoz                                                                                             
Representative Robert L. "Bob" Buch                                                                                             
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Craig Johnson                                                                                                    
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Representative Kyle Johansen                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  ALASKA DEPARTMENT OF FISH & GAME, SUBSISTENCE                                                                     
DIVISION                                                                                                                        
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
OVERVIEW(S):  ALASKA DEPARTMENT OF FISH & GAME, HABITAT DIVISION                                                                
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to report                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CRAIG FLEENER, Director                                                                                                         
Division of Subsistence                                                                                                         
Alaska Department of Fish & Game (ADF&G)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented the Division of Subsistence                                                                    
overview for the department.                                                                                                    
                                                                                                                                
JENNIFER YUHAS, Director                                                                                                        
Public Communications; Legislative Liaison                                                                                      
Office of the Commissioner                                                                                                      
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Presented  a  recent  publication  by  the                                                            
Alaska Department of Fish & Game.                                                                                               
                                                                                                                                
KERRY HOWARD, Director                                                                                                          
Division of Habitat                                                                                                             
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented  the Division of  Habitat overview                                                            
for the department.                                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:16:29 AM                                                                                                                   
                                                                                                                                
CHAIR  BRYCE  EDGMON   called  the  House  Special   Committee  on                                                            
Fisheries meeting  to order at 10:16 a.m.   Representatives Munoz,                                                              
Kawasaki, Buch,  Keller, Millett, and  Edgmon were present  at the                                                              
call to order.  Representative Johnson was excused.                                                                             
                                                                                                                                
10:17:17 AM                                                                                                                   
                                                                                                                                
^OVERVIEW(S):    ALASKA DEPARTMENT  OF  FISH &  GAME,  SUBSISTENCE                                                            
DIVISION                                                                                                                      
                                                                                                                                
10:17:52 AM                                                                                                                   
                                                                                                                                
CRAIG FLEENER,  Director, Subsistence Division,  Alaska Department                                                              
of Fish &  Game (ADF&G), informed  the committee that as  a recent                                                              
appointee to  the department, he holds  the staff at the  ADF&G in                                                              
high  esteem.   Mr.  Fleener  began  the Division  of  Subsistence                                                              
overview with  a brief history  of the  division and said  that it                                                              
was  created in  1978  by the  enactment of  AS  16.05.090.   This                                                              
legislation recognized  it was in  the public interest  to clearly                                                              
establish subsistence  use as a priority use of  Alaska's fish and                                                              
game   resources,  and   recognized   the   needs,  customs,   and                                                              
traditions  of Alaska's residents.   The  department was  slightly                                                              
different than  the U. S.  Department of the Interior,  Department                                                              
of  Fish  and  Wildlife  Service,  in  that  the  Alaska  National                                                              
Interest  Lands   Conservation  Act  (ANILCA)  requires   a  rural                                                              
priority for  subsistence uses on  federal land.  Under  ANILCA, a                                                              
system  must be in  place to  provide scientific  support  data to                                                              
management  and advisory  bodies  as the  Division of  Subsistence                                                              
provides to  the Alaska Board of  Fish (BOF) and the  Alaska Board                                                              
of Game  (BOG).   Primary duties  of the  Division of  Subsistence                                                              
are:    compile   subsistence  user  data;   quantify  subsistence                                                              
hunting and  fishing amounts;  make information  available  to the                                                              
public;  assist in  determining  customary  and traditional  uses;                                                              
evaluate the  impact of laws  on subsistence hunting  and fishing;                                                              
make   recommendations  regarding   subsistence  regulation;   and                                                              
participate  in  management planning  to  incorporate  subsistence                                                              
needs.    Under   AS  16.05.258,  which  passed   in  1986,  board                                                              
responsibilities   are:      identify   stocks   customarily   and                                                              
traditionally  taken or  used  for subsistence;  identify  amounts                                                              
reasonably  necessary  for  subsistence;   and  jointly  determine                                                              
whether or not there will be nonsubsistence areas.                                                                              
                                                                                                                                
10:21:53 AM                                                                                                                   
                                                                                                                                
MR. FLEENER  pointed out  the Alaskan subsistence  way of  life is                                                              
truly  unique in  the U.S.   More  than 100,000  Alaskans live  in                                                              
small  communities in  which dependence  upon  subsistence is  the                                                              
principal  characteristic  of the  economy,  culture,  and way  of                                                              
life.   He explained  the mixed  cash subsistence economic  system                                                              
sustains  thousands of  Alaska  families by  high  levels of  wild                                                              
food  production,  small  scale efficient  harvesting,  cash  from                                                              
part-time  or summer  jobs to  pay  for subsistence  technologies,                                                              
and extensive sharing of harvested food.                                                                                        
                                                                                                                                
10:23:42 AM                                                                                                                   
                                                                                                                                
MR.  FLEENER  stated  the Division  Mission:    To  scientifically                                                              
quantify,  evaluate, and  report information  about customary  and                                                              
traditional (C&T)  uses of Alaska's  fish and wildlife.   This was                                                              
accomplished  by   conducting  human  dimensions   research  using                                                              
systematic  methods, analysis,  and  reporting;  and by  employing                                                              
high   ethical    standards   including   adherence    to   tribal                                                              
consultation  policies,   extensive  community   involvement,  and                                                              
confidentiality.     Mr.  Fleener   stressed  the  importance   of                                                              
confidentiality  when  agencies  are  surveying  households.    In                                                              
addition, he  explained that the  Division of Subsistence  gathers                                                              
research,  but   does  not  manage  resources.     One  definition                                                              
important in  understanding the  duties of  the division  was that                                                              
"subsistence  fishing"  means  the  taking  of,  fishing  for,  or                                                              
possession of  fish, shellfish,  or other fisheries  resources for                                                              
uses with gill net,  seine, fish wheel, long line,  or other means                                                              
defined by the BOF.                                                                                                             
                                                                                                                                
10:26:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  whether "rural  area" was  defined                                                              
in the subsistence statute.                                                                                                     
                                                                                                                                
10:27:03 AM                                                                                                                   
                                                                                                                                
MR. FLEENER said  yes, and clarified that within  AS 16.05.940(31)                                                              
the  original  definition  exists;   however,  it  was  no  longer                                                              
effective.   In further response,  he opined the courts  had ruled                                                              
against the  clause "by a  resident domiciled  in a rural  area of                                                              
the state,"  thus he would provide  the committee with  a specific                                                              
definition of "rural" after researching the question.                                                                           
                                                                                                                                
10:27:49 AM                                                                                                                   
                                                                                                                                
MR. FLEENER  stated the  definition of  "subsistence hunting"  was                                                              
the  taking  of,  or  hunting  for,  or  possession  of  game  for                                                              
subsistence uses by  means defined by the BOG.   The definition of                                                              
"subsistence   uses"   was  the   noncommercial,   customary   and                                                              
traditional  uses   of  wild,  renewable,  resources   for  direct                                                              
personal or family  consumption as food, shelter,  fuel, clothing,                                                              
tools, or  transportation,  for handicraft  articles, and  for the                                                              
customary  trade,  barter,  or  sharing  for  personal  or  family                                                              
consumption.   Slide 9 provided  a map  of the routes  of exchange                                                              
of  subsistence  foods  in  Northwest Alaska.    The  Division  of                                                              
Subsistence  provides two  core  services that  are:   to  provide                                                              
research   on   C&T  uses   to   the   public;  and   to   provide                                                              
scientifically-based   information  for  fisheries   and  wildlife                                                              
management  programs to  the  BOF and  the  BOG for  their use  in                                                              
evaluating reasonable opportunities for C&T uses.                                                                               
                                                                                                                                
10:30:08 AM                                                                                                                   
                                                                                                                                
MR.  FLEENER  informed  the  committee that  the  "heart"  of  the                                                              
duties of the  Division of Subsistence was the  fulfillment of its                                                              
"measure"  responsibilities.   The  first measure  was to  compile                                                              
and   analyze  existing   data,   and  to   conduct  research   on                                                              
subsistence  hunting and  fishing with  a target  of conducting  a                                                              
minimum of  five studies in at least  three of the six  regions of                                                              
the  state.   The  division  conducts  field studies  and  gathers                                                              
harvest  survey   information  from   communities  using   special                                                              
project funding  that was obtained through a  competitive proposal                                                              
process.   The  division strives  to  obtain balanced  information                                                              
and  to represent  each  region  annually; however,  an  important                                                              
concern in one part  of the state may cause the  division to focus                                                              
on one  region over  another.  The  division's second  measure was                                                              
to publish  current subsistence use  information with a  target of                                                              
producing scientific  reports, related updates, and  materials for                                                              
the general  public.  In  fiscal year 2008  (FY 08),  the division                                                              
completed  and  released  twenty-two  new  technical  reports  and                                                              
related updates; this  total exceeded the 1997 to  2007 average of                                                              
seven and  the 2003  to 2007 average  of eleven.   As a  matter of                                                              
fact, the  division's technical  paper series was  the cornerstone                                                              
of  technical detailed  scientific  reporting of  harvest and  C&T                                                              
uses information  to the  public, and  to the  boards of  fish and                                                              
game.  There  are more than  300 technical reports in  the series,                                                              
many of  which have been  published on  an average of  fifteen per                                                              
year for the past  three years.  The third measure  was to publish                                                              
current subsistence  use with a target to update  and maintain the                                                              
online Community  Subsistence Information System  (CSIS) database.                                                              
For an  example of the information  provided on the  CSIS website,                                                              
Mr. Fleener  displayed slide  13 that illustrated  a pie  chart of                                                              
the 2003 subsistence harvest in Cordova.                                                                                        
                                                                                                                                
MR. FLEENER said  the division's fourth measure  was to [research]                                                              
current C&T  information, with a  target to evaluate  all proposed                                                              
regulatory  actions  regarding   reasonable  opportunity  for  C&T                                                              
uses.  This  is the division's  highest priority; in fact,  in the                                                              
past 5-year period,  118 to 235 proposals were  annually reviewed.                                                              
In  addition,  the   division  reviews  proposals   that  are  not                                                              
directly related  to C&T regulations.   All BOF and  BOG proposals                                                              
that  impacted  C&T  uses and  subsistence  were  reviewed  before                                                              
action was taken by the boards.                                                                                                 
                                                                                                                                
10:36:16 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  Mr.  Fleener to  comment  on  the                                                              
pending [Alaska  Fish and Wildlife  Conservation Fund  and Chitina                                                              
Dipnetters Association  Inc., v State  of Alaska, Alaska  Board of                                                              
Fisheries, and Alaska Department of Fish & Game] lawsuit.                                                                       
                                                                                                                                
MR. FLEENER  said he  was present  at the  board meeting  when the                                                              
decision was  made to not make a  change to the Chitina  status at                                                              
this time.                                                                                                                      
                                                                                                                                
10:37:26 AM                                                                                                                   
                                                                                                                                
MR.  FLEENER  continued  to  explain  that  the  division's  fifth                                                              
measure was  to assist  boards, other  than the  BOF and  the BOG,                                                              
during the  evaluation of C&T uses  and subsistence with  a target                                                              
to  review  regulatory  proposals   and  to  provide  information.                                                              
Other  boards   and  organizations  assisted  include   the  North                                                              
Pacific  Fishery  Management Council  (NPFMC),  the  International                                                              
Pacific  Halibut Commission  (IPHC), and  the federal  subsistence                                                              
boards.   Measure six  was to assist  managers to incorporate  C&T                                                              
uses into management  plans with a target to  incorporate C&T uses                                                              
and harvest information  into fish and wildlife  management plans.                                                              
He pointed out that  in FY 09 the division produced  eight special                                                              
publications   and  staff  presentations   that  addressed   board                                                              
proposals.   Detailed analysis provided  by the division  was used                                                              
by   wildlife   managers   and   the  BOG   to   provide   hunting                                                              
opportunities  for Alaskans  consistent with  the sustained  yield                                                              
principles.    Furthermore,  detailed  analysis on  at  least  200                                                              
subsistence proposals was provided on an annual basis.                                                                          
                                                                                                                                
10:39:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MILLETT  asked whether the Division  of Subsistence                                                              
participated  in  extending  the  hunting season  in  Emmonak  and                                                              
Kotlik.                                                                                                                         
                                                                                                                                
MR.  FLEENER  explained  the division  does  not  make  management                                                              
decisions; however,  all proposals  are evaluated by  the division                                                              
to  determine   whether  there   would  be  negative   impacts  on                                                              
subsistence or  C&T uses.   In further response  to Representative                                                              
Millett,  he said  that all  of  the information  after a  hunting                                                              
season  was  available.   Moreover,  if  harvest tickets  come  in                                                              
outside of the normal season, they would be readily accessible.                                                                 
                                                                                                                                
10:41:11 AM                                                                                                                   
                                                                                                                                
MR. FLEENER  continued his  presentation  and addressed the  final                                                              
measure,  which was  research on  customary  and traditional  uses                                                              
with a  target to conduct  face-to-face surveys in  communities on                                                              
a five-year  average.   Between 2004 and  2008, an annual  average                                                              
of 30.4  community surveys  was conducted;  however, during  FY 08                                                              
only 21  surveys were  completed.   The division conducts  studies                                                              
on  C&T  harvest  and  the use  of  Alaska's  fish  and  wildlife,                                                              
analyzes data,  and reports  results.   This information  was used                                                              
to  provide hunting  and  fishing  opportunities  for Alaskans  by                                                              
fish and wildlife  managers and the boards of fish  and game.  The                                                              
target  objective  was  to  collect  and  report  this  scientific                                                              
information  on  C&T  uses.   Beginning  in  the  mid  1990s,  the                                                              
division  focused   on  resource-specific  questions   related  to                                                              
fisheries  and wildlife  management  concerns regarding  sustained                                                              
yield and  the allocation  of resources.   Increasing  operational                                                              
costs  have led  to the  reduction  in the  frequency of  studies;                                                              
however,  Alaska's changing  demography  demands frequent  updates                                                              
within communities and regions.                                                                                                 
                                                                                                                                
10:43:37 AM                                                                                                                   
                                                                                                                                
MR.  FLEENER  turned to  the  subject  of the  division's  budget.                                                              
Slides 18  and 19  indicated the  FY 09 and  FY 10 budget  amounts                                                              
are  very  close  at  $5,229.5   million,  and  $5,218.2  million,                                                              
respectively.   Funding streams  include large contributions  from                                                              
the  general   fund  (GF)  and   federal  receipts,   followed  by                                                              
interagency and statutory contributions.                                                                                        
                                                                                                                                
10:44:21 AM                                                                                                                   
                                                                                                                                
CHAIR EDGMON  asked whether program  receipts for  surveys through                                                              
private sector partnerships are included in the funding sources.                                                                
                                                                                                                                
10:44:48 AM                                                                                                                   
                                                                                                                                
MR. FLEENER  said he  was unsure  of all  of the previous  funding                                                              
sources;  however, the  division  would continue  to partner  with                                                              
other entities.                                                                                                                 
                                                                                                                                
10:45:32 AM                                                                                                                   
                                                                                                                                
CHAIR EDGMON surmised  private partnerships would  be entered into                                                              
on a year-to-year  project basis, and would not add  up to a large                                                              
part of the overall funding package.                                                                                            
                                                                                                                                
MR.  FLEENER  concurred.     He  then  presented   slide  20  that                                                              
displayed the division's office locations and staffing.                                                                         
                                                                                                                                
10:46:35 AM                                                                                                                   
                                                                                                                                
MR. FLEENER identified  five challenges for the  division:  salmon                                                              
harvest database  accessibility  and integrated web-interface  for                                                              
the public,  managers, boards, and  law; monitoring  and reporting                                                              
of   Alaska   subsistence   salmon   fisheries;   assessment   and                                                              
evaluation of fish  harvests and trends; technical  and scientific                                                              
reporting   and   database  integration;   and   maintaining   the                                                              
capacities  for  staffing  and  information  management,  and  for                                                              
joint state and federal fisheries management.                                                                                   
                                                                                                                                
10:48:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked how  the division works  with other                                                              
agencies regarding research.                                                                                                    
                                                                                                                                
10:48:56 AM                                                                                                                   
                                                                                                                                
MR.  FLEENER   answered  that   an  effort   was  being   made  to                                                              
consolidate  information   into  one  accessible   and  searchable                                                              
database.   The  internet technology  section  of each  department                                                              
was   working   together   to  post   new   and   archived   data.                                                              
Additionally, presentation  styles are being coordinated  in order                                                              
to be more user-friendly.                                                                                                       
                                                                                                                                
10:50:55 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked whether the division  works closely                                                              
with the federal subsistence management board.                                                                                  
                                                                                                                                
10:51:19 AM                                                                                                                   
                                                                                                                                
MR.   FLEENER  opined   that  partnering   with   the  Office   of                                                              
Subsistence  Management (OSM)  and the  Federal Subsistence  Board                                                              
(FSB) was important;  in fact, there are a few  agreements between                                                              
ADF&G  and   the  OSM  to   streamline  management   applications.                                                              
Furthermore,  a  connection  between these  agencies  would  limit                                                              
confusion for members  of the public.  Mr. Fleener  concluded that                                                              
a final  challenge for  the division was  to maintain  staffing in                                                              
order  to  provide   the  information  required   by  the  boards.                                                              
Typically,  staff  felt  they  are  unable  to  provide  the  best                                                              
information on, for  example, the Chitina dip net  controversy.  A                                                              
thorough research  project often takes  two years unless  there is                                                              
existing data with which to begin.                                                                                              
                                                                                                                                
10:55:15 AM                                                                                                                   
                                                                                                                                
CHAIR   EDGMON  stated   the  importance   of  understanding   how                                                              
subsistence affects community members around the state.                                                                         
                                                                                                                                
10:55:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   MUNOZ  asked   whether   rural  communities   are                                                              
satisfied  with  the state  status  of  management, or  was  there                                                              
still a desire to be consistent with federal law.                                                                               
                                                                                                                                
10:56:18 AM                                                                                                                   
                                                                                                                                
MR.  FLEENER   acknowledged  the   importance  of   Representative                                                              
Munoz's  question.    As  a  village  resident,  he  served  on  a                                                              
regional   advisory  committee   for  10   years,  and  from   his                                                              
experience he  opined that there are  parts of both the  state and                                                              
federal management  systems that  villagers support.   The federal                                                              
management  system  provides  for  the  priority  status  and  the                                                              
regional  advisory structure  favored by  villagers; however,  the                                                              
dual  management system  can be  cumbersome and  difficult.   Many                                                              
people would  like to see one system,  or to have the  dual system                                                              
streamlined.                                                                                                                    
                                                                                                                                
10:58:53 AM                                                                                                                   
                                                                                                                                
JENNIFER  YUHAS,  Director,  Public   Communications;  Legislative                                                              
Liaison, Office of  the Commissioner, Alaska Department  of Fish &                                                              
Game,  presented  the  ADF&G  publication,   "Sustaining  Alaska's                                                              
Fisheries: Fifty  Years of Statehood" that  commemorates statehood                                                              
and  gives  a   brief  history  of  Alaska's   commercial  fishing                                                              
heritage.                                                                                                                       
                                                                                                                                
11:00:18 AM                                                                                                                   
                                                                                                                                
^OVERVIEW(S):     ALASKA  DEPARTMENT  OF  FISH  &   GAME,  HABITAT                                                            
DIVISION                                                                                                                      
                                                                                                                                
11:00:36 AM                                                                                                                   
                                                                                                                                
KERRY  HOWARD, Director,  Division of  Habitat, Alaska  Department                                                              
of Fish  & Game (ADF&G),  gave a brief  background of  her diverse                                                              
employment  history with  the ADF&G, private  business, and  other                                                              
state  and  federal  agencies.     She  then  provided  a  handout                                                              
entitled  2008  Overview,  and reminded  the  committee  that  the                                                              
Office of  Habitat Management  and Permitting  was recently  moved                                                              
from  the  Department  of  Natural Resources  (DNR)  back  to  the                                                              
ADF&G.   Ms. Howard  assured the committee  that the  division was                                                              
settled in  and doing its  job.  She  stressed that  the statutory                                                              
responsibilities   of   the   division  are   unchanged   by   the                                                              
transition.   Ms. Howard called  the committee's attention  to the                                                              
core services  of the division and  indicated that it was  the one                                                              
division  at  ADF&G  that  played  a  direct  role  in  permitting                                                              
activities  for resource development  in the  state, such  as fish                                                              
habitat  permits  for  activities   that  cover  fish  passage  in                                                              
resident  fish   streams,  fish  habitat  issues,   and  cataloged                                                              
anadromous  fish streams.    In fact,  the  division issues  about                                                              
3,600 permits each  year.  The division also  represents the state                                                              
in  the   Coastal  Management   Program,  coordinates   review  of                                                              
multiple  agency  permits,  and   participates  with  DNR  in  the                                                              
coordination of the  Large Project Team.  The  division has direct                                                              
responsibilities  for  implementing  the Alaska  Forest  Resources                                                              
and Practices  Act of 2003, and  was responsible for  updating the                                                              
Catalog  of  Waters  Important   for  the  Spawning,  Rearing,  or                                                              
Migration  of   Anadromous  Fishes  that  defines   the  statutory                                                              
authority to issue fish habitat permits.                                                                                        
                                                                                                                                
11:04:10 AM                                                                                                                   
                                                                                                                                
MS.  HOWARD  turned  the  committee's   attention  to  the  ADF&G,                                                              
Division  of Habitat  handout provided  in  the committee  packet.                                                              
Included  in the  handout was  information  from the  department's                                                              
web  site that  listed further  responsibilities  of the  division                                                              
and a  list of  activities for  which it  issues permits,  such as                                                              
stream diversions,  stream bank disturbances, gravel  removal, and                                                              
stream crossings.   The division  has developed "general  permits"                                                              
for routine activities  that do not require  site-specific review.                                                              
In addition  to up-front  review and  the permitting of  projects,                                                              
the  division   was  also  responsible   for  monitoring   at  the                                                              
completion  of  a  project.   Project  monitoring  may  result  in                                                              
publications and  technical resources  that are also  available on                                                              
the website.   One result  of the division's  return to  the ADF&G                                                              
was  having   the  lead  responsibility   for  permitting   in  32                                                              
legislatively  designated  Special  Areas  that have  been  deemed                                                              
important habitat  or fish value,  such as the Mendenhall  Refuge,                                                              
the  Palmer Hay  Flats,  and Potter  Marsh.   This  responsibility                                                              
includes  writing management  plans for those  areas, in  addition                                                              
to  permitting activities.   The  following pages  of the  handout                                                              
included  an  organizational   chart  of  the  division   and  the                                                              
location of the  three regional offices in Juneau,  Anchorage, and                                                              
Fairbanks,  and  the area  offices  in Petersburg,  Soldotna,  and                                                              
Palmer.   Ms. Howard noted that  the remainder of the  handout was                                                              
a  PowerPoint presentation  for  committee members'  review.   She                                                              
stressed  that her  first priority  was for her  biologists  to be                                                              
out in the field  working with other agencies,  and applicants, in                                                              
order to make the best decisions for resources.                                                                                 
                                                                                                                                
11:08:10 AM                                                                                                                   
                                                                                                                                
MS. HOWARD  turned to  the division budget  and pointed  out there                                                              
has been  an increase  in the  FY 09  budget, largely  due to  the                                                              
move back  to the ADF&G.   General funds  (GF) provide  68 percent                                                              
of  the  budget  and  interagency  receipts  provide  19  percent.                                                              
Finally,  she referred to  the handout  page entitled  Performance                                                              
and  said, "the  overall habitat  mission is  to protect  Alaska's                                                              
valuable fish  and wildlife  resources and  their habitats  as the                                                              
population  and   economy  continue  to  expand."     The  mission                                                              
statement  was followed  by the  list of  core services  mentioned                                                              
earlier  in  her  testimony.     Ms.  Howard  explained  that  the                                                              
division does  not control  its work load;  however, it  must have                                                              
the  capacity to  respond  to applicants  who  wish  to conduct  a                                                              
development activity.   The  priority performance measurement  was                                                              
for  the division  to  review every  application,  and that  every                                                              
permit issued is  in compliance with statutory  requirements.  She                                                              
pointed out the  graph entitled Performance Detail  and noted that                                                              
between  2004  and  2008,  the number  of  permits  processed  has                                                              
doubled with  no increase in staff.   This is possible  by issuing                                                              
"over the counter" permits for routine activities.                                                                              
                                                                                                                                
11:11:51 AM                                                                                                                   
                                                                                                                                
MS.  HOWARD, in  response  to  Representative Buch,  continued  to                                                              
explain  that pre-approved  permits have  standard conditions  for                                                              
activities  such as  winter stream  or  lake crossings.   For  the                                                              
Coastal Management  Program, there  are "minimus" activities  that                                                              
are  routine  and predictable  and  that  do not  need  additional                                                              
review  by  the  division.   Another  reason  for  the  division's                                                              
efficiency  was that  the staff  was  experienced and  productive;                                                              
however, she  expressed her concern  that 34 percent of  the staff                                                              
was  eligible for  retirement  in  three or  four  years, and  big                                                              
projects are expected in the future.                                                                                            
                                                                                                                                
11:13:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   BUCH  asked   who   was   responsible  for   data                                                              
collection and retention for aquifer baselines.                                                                                 
                                                                                                                                
11:14:08 AM                                                                                                                   
                                                                                                                                
MS. HOWARD  responded that anytime  there was a  large development                                                              
project, such  as the Pebble  [Mine] prospect, there  are baseline                                                              
requirements  that have to  be met  for many regulatory  agencies.                                                              
The  entity   responsible   for  collecting   the  data   was  the                                                              
applicant,  or its  designee.    Regarding aquifers,  she  advised                                                              
that the  division would not  have a direct  role in  gathering or                                                              
keeping data; however,  when data was made available  the division                                                              
and other agencies  would study the data as part  of their project                                                              
review of the environmental documents.                                                                                          
                                                                                                                                
11:15:43 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE BUCH  re-stated his  question and pointed  out that                                                              
this  was Alaska's  land, and  a lack  of information  has been  a                                                              
problem in the past.   He recalled Canada has a  mechanism to make                                                              
data public  information  after a certain  point.   Representative                                                              
Buch  opined  that  the  aquifer  baseline  study  at  the  Pebble                                                              
project  was  extensive; however,  he  was  unsure when  the  data                                                              
would become available to the state.                                                                                            
                                                                                                                                
11:16:48 AM                                                                                                                   
                                                                                                                                
MS. HOWARD recommended  that this question should be  asked of the                                                              
Pebble partnership.   The  collected data  has not been  presented                                                              
broadly to  state or  federal agencies  for review; however,  this                                                              
information  would become  public  when [the  Pebble  Partnership]                                                              
makes the application for permits.                                                                                              
                                                                                                                                
11:17:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE BUCH  observed that there was very  little data and                                                              
material  that  the  state  has   collected  during  40  years  of                                                              
[resource  development] in  the  state.   He asked  who should  be                                                              
responsible for  accumulating and storing public  information such                                                              
as this.                                                                                                                        
                                                                                                                                
11:19:02 AM                                                                                                                   
                                                                                                                                
MS.  HOWARD  offered  that  the Office  of  Project  Management  &                                                              
Permitting  (OPMP), DNR,  was the  office  that coordinated  state                                                              
agency involvement  for all large project reviews,  beginning with                                                              
the  initial  contact  with  the developer,  and  through  to  any                                                              
monitoring and follow-up on an approved project.                                                                                
                                                                                                                                
11:20:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MILLETT  asked   whether  there  was  a  mechanism                                                              
within the state  to buy or acquire data on a  large project, even                                                              
though the project may not be built.                                                                                            
                                                                                                                                
11:21:15 AM                                                                                                                   
                                                                                                                                
MS. HOWARD deferred the question to OPMP.                                                                                       
                                                                                                                                
11:21:25 AM                                                                                                                   
                                                                                                                                
MS. HOWARD  returned to the measurement  graph and noted  that the                                                              
number of  fish habitat Title 16  permits has doubled in  the last                                                              
five  years,   but  the   high  level   of  compliance   has  been                                                              
maintained;  in  fact,  the  average  number  of  days  needed  to                                                              
complete review  for projects has  decreased from 14.4 in  2004 to                                                              
8.4  in 2008.   She  then  referred to  a  graph entitled  Average                                                              
Number of Days  To Complete Reviews For Projects  In a Coordinated                                                              
Review  Process   and  explained   that  these  projects   require                                                              
multiple permits,  not just those issued by the  habitat division.                                                              
An example  of this would  be a project  that requires a  land use                                                              
permit, or an  oil spill contingency plan, from  the Department of                                                              
Environmental  Conservation  (DEC).    It  was  the  goal  of  the                                                              
division, once  approval was received  from the Division  of Ocean                                                              
and  Coastal  Management,  "to  have  quick  turn  around  on  our                                                              
associated  permit once  that  review is  completed."   The  final                                                              
graph   entitled  Percentage   of  Projects   Reviewed  During   a                                                              
Coordinated   Review   Process   indicated   that   the   division                                                              
participated in 94.6 percent of the coordinated reviews in 2008.                                                                
                                                                                                                                
11:24:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked whether the general  permit process                                                              
was a response to  a shortage of staff.  He further  asked for Ms.                                                              
Howard's comments  on the effectiveness  of the division  now that                                                              
it was returned to ADF&G.                                                                                                       
                                                                                                                                
11:26:08 AM                                                                                                                   
                                                                                                                                
MS. HOWARD related  that general permits are a tool  that has been                                                              
utilized  for decades  at  both DNR  and ADF&G.    She opined  any                                                              
state  regulatory  agency  issues   general  permits  for  routine                                                              
activities, and  she gave  several examples.   In response  to the                                                              
second question,  Ms. Howard advised  that the years  the division                                                              
was housed  at DNR  were valuable  to develop  a rapport  with the                                                              
agencies in  that department.   This rapport is  important because                                                              
project reviews are  not done in a vacuum and  involve interaction                                                              
with other  departments.  She  advised that colleagues  in various                                                              
divisions depend  on each other  to help make the  best permitting                                                              
decisions.                                                                                                                      
                                                                                                                                
11:28:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  whether  the scope  and  size  of                                                              
projects given  general permits has  increased with the  number of                                                              
permits over the last four years.                                                                                               
                                                                                                                                
11:29:03 AM                                                                                                                   
                                                                                                                                
MS.  HOWARD acknowledged  the number  of  activities that  qualify                                                              
for  general permits  has  increased,  such as  small  "ma &  pop"                                                              
mining operations.   She  offered to provide  a comparison  of the                                                              
number of  general permits  issued before  and after the  division                                                              
moved to DNR.                                                                                                                   
                                                                                                                                
11:29:36 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAWASAKI  further  asked  how  projects  that  are                                                              
given general permits are monitored.                                                                                            
                                                                                                                                
MS.  HOWARD emphasized  that  a staff  field  presence during  the                                                              
review  of  projects,   and  for  follow-through,   was  her  high                                                              
priority.    Clearly, there  are  limitations,  and with  only  45                                                              
staff not every  project was reached.   However, in the  case of a                                                              
project that  required a permit  from another agency, both  of the                                                              
departments'  field  staffs  can  work together  to  accomplish  a                                                              
common need.                                                                                                                    
                                                                                                                                
11:31:28 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   EDGMON  asked  whether   the  division   has  any                                                              
opportunities to work with the private business sector.                                                                         
                                                                                                                                
11:31:56 AM                                                                                                                   
                                                                                                                                
MS.  HOWARD referred  to  the FY  10  budget  funding sources  and                                                              
noted  that  5   percent  of  the  budget  comes   from  Statutory                                                              
Designated  Program Receipts  (SDPRs).  She  explained that  these                                                              
are monies that  come through the OPMP and directly  fund staff to                                                              
work on large projects.                                                                                                         
                                                                                                                                
11:32:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   EDGMON  further  asked   whether  there   was  no                                                              
advantage  to  being  housed  with   a  department  whose  mission                                                              
statement  was  to  "protect"  resources,  instead  of  one  whose                                                              
mission statement was to "develop" resources.                                                                                   
                                                                                                                                
11:34:22 AM                                                                                                                   
                                                                                                                                
MS. HOWARD  said habitat  is an  interesting  division in  that it                                                              
was unique in ADF&G  as the only division that  issues permits for                                                              
activities.   This  created some  advantages to  being located  at                                                              
DNR, in that it  was easier to permit.  The  habitat division does                                                              
have a  foot in both  worlds, in that  it was required  to protect                                                              
and to  develop resources.   She  pointed out  the commonality  in                                                              
the  mission  statements  of  the habitat  division  and  of  both                                                              
departments.   She  expressed  her  confidence that  the  division                                                              
would continue to work successfully at ADF&G, as it did at DNR.                                                                 
                                                                                                                                
11:37:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EDGMON  observed  there was  proposed  legislation                                                              
affecting the  Alaska Coastal  Management Program.   He  asked how                                                              
changes to this program would change the division's role.                                                                       
                                                                                                                                
11:38:47 AM                                                                                                                   
                                                                                                                                
MS. HOWARD reiterated  that she worked for the  coastal management                                                              
plan for  13 years prior to  its reorganization in 2003  and 2004.                                                              
The  role of  the  habitat  division has  always  been  that of  a                                                              
review  agency; in  fact, under  Title 16, the  division has  very                                                              
broad  authority in  a narrow  area  and would  do whatever  staff                                                              
felt  was necessary  to  protect fish  and  habitat regardless  of                                                              
changes  with  the   coastal  management  program.     Ms.  Howard                                                              
concluded that,  although the administration opposes  the proposed                                                              
legislation,  the division  would implement  whatever program  was                                                              
put in place.                                                                                                                   
                                                                                                                                
11:40:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON expressed his gratitude to the presenters.                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Special  Committee on  Fisheries  meeting was  adjourned at  11:41                                                              
a.m.                                                                                                                            

Document Name Date/Time Subjects
Subsistence Overview.PDF HFSH 2/17/2009 10:15:00 AM
Habitat Overview.PDF HFSH 2/17/2009 10:15:00 AM