Legislature(2013 - 2014)CAPITOL 120

02/20/2014 10:00 AM House FISHERIES


Download Mp3. <- Right click and save file as

Audio Topic
10:03:51 AM Start
10:04:27 AM Presentation: Sea Otters Impacts on Petersburg Area Fisheries
10:19:07 AM Presentation: Alaska Department of Fish & Game - Update on Aquatic Invasive Species in Sitka
11:00:25 AM Presentation: Department of Natural Resources - Interagency Mou on Elodea
11:23:32 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentations: TELECONFERENCED
- Sea Otter Impacts on Petersburg Area Fisheries
- Update on Aquatic Invasive Species in Sitka
& Interagency MOU on Elodea
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                       February 20, 2014                                                                                        
                           10:03 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Eric Feige                                                                                                       
Representative Jonathan Kreiss-Tomkins                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Lynn Gattis                                                                                                      
Representative Bob Herron                                                                                                       
Representative Craig Johnson                                                                                                    
Representative Kurt Olson                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
PRESENTATION:  SEA OTTERS IMPACTS ON PETERSBURG AREA FISHERIES                                                                  
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PRESENTATION:  ALASKA DEPARTMENT OF FISH & GAME - UPDATE ON                                                                     
AQUATIC INVASIVE SPECIES IN SITKA                                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PRESENTATION:  DEPARTMENT OF NATURAL RESOURCES - INTERAGENCY MOU                                                                
ON ELODEA                                                                                                                       
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARK JENSEN                                                                                                                     
Petersburg, Alaska                                                                                                              
POSITION STATEMENT:  Testified during the discussion of the                                                                   
presentation the Sea Otters in Southeast Alaska.                                                                                
                                                                                                                                
CHARLIE SWANTON, Director                                                                                                       
Division of Sport Fish                                                                                                          
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  during  the  update on  aquatic                                                             
invasive species in Sitka.                                                                                                      
                                                                                                                                
ED FOGELS, Deputy Commissioner                                                                                                  
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  during  the  discussion on  the                                                             
Memorandum of Understanding (MOU) on Elodea.                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:03:51 AM                                                                                                                   
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries meeting to order at  10:03 a.m.  Representatives Feige,                                                               
Kreiss-Tomkins, and Seaton were present at the call to order.                                                                   
                                                                                                                                
^PRESENTATION:  Sea Otters Impacts on Petersburg Area Fisheries                                                                 
 PRESENTATION:  Sea Otters Impacts on Petersburg Area Fisheries                                                             
                                                                                                                              
10:04:27 AM                                                                                                                   
                                                                                                                              
CHAIR SEATON announced that the first order of business would be                                                                
a presentation:  Sea Otter impacts on Petersburg area fisheries.                                                                
                                                                                                                                
10:06:01 AM                                                                                                                   
                                                                                                                                
MARK JENSEN stated  that he currently serves as the  mayor of the                                                               
Petersburg Borough  although he  is speaking  today on  behalf of                                                               
himself.   He offered  to provide information  on how  sea otters                                                               
have affected his  family and fishermen in Southeast  Alaska.  He                                                               
said he is a third-generation  resident of Petersburg, noting his                                                               
grandfather  moved from  Norway in  the early  1900s to  the East                                                               
Coast, then  to Seattle, and  on to  Petersburg.  His  father was                                                               
born in  Petersburg in 1920  and he was  born in Petersburg.   He                                                               
has two sons,  one of whom plans to be  a commercial fisherman in                                                               
Petersburg.                                                                                                                     
                                                                                                                                
10:07:53 AM                                                                                                                   
                                                                                                                                
MR.  JENSEN began  his  PowerPoint and  highlighted  a series  of                                                               
maps.   The first map  was entitled "Translocation  Sites" [slide                                                               
1] and  shows where  sea otters were  transplanted in  the 1960s,                                                               
including in the Barrier Islands  south of Craig and the Maurelle                                                               
Islands near Sea Otter Sound [depicted  on the map as 51 and 55],                                                               
with  area 51  having  experienced the  most significant  growth.                                                               
The  second  map  depicted concentrations  of  otters,  with  the                                                               
largest  dots showing  the concentrations  between 36-51  animals                                                               
[slide 2].   The  third map highlighted  annual growth  rates and                                                               
inhabitation projections  of sea  otters.   He predicted  that if                                                               
sea otters  multiply by 12  to 14 percent  per year it  is likely                                                               
that currently  there are 30,000  sea otters in  Southeast Alaska                                                               
[slide 3].   He  turned to a  handout provided  by Representative                                                               
Kreiss-Tompkins entitled  "Sea Otter  Tagging Statistics  by Hunt                                                               
Origin."   He noted that  despite the 2013 Alaska  Native harvest                                                               
of  1,750 sea  otters, the  predicted increase  in the  sea otter                                                               
population is  3,800 sea otters [page  2 of the handout].   Thus,                                                               
the population will grow by twice  as much as the annual harvest.                                                               
He expressed  concern over federal  management of sea  otters and                                                               
suggested the  state should be  more involved in  encouraging the                                                               
federal government to take action.                                                                                              
                                                                                                                                
MR.  JENSEN referred  to  a  map of  navigable  inside waters  to                                                               
indicate populations  and explained the impacts  of otters [slide                                                               
4].   Using  a pointer,  he identified  the red  areas which  are                                                               
closed  [to   salmon  and  shellfish  fisheries]   or  have  been                                                               
negatively  affected due  to sea  otters.   He pointed  to Sumner                                                               
Straits on the  map, noting that despite the local  harvest of up                                                               
to  200  sea  otters  for  the  last  four  to  five  years,  the                                                               
populations  continue  to  rise.     He  pointed  to  Petersburg,                                                               
Wrangell,  and Stikine  River, Duncan  Island and  Mitchell Point                                                               
and  reported  that  approximately  200 to  500  sea  otters  are                                                               
located between Mitchell  Point and Little Duncan.   He related a                                                               
scenario  to illustrate  that crab  are being  decimated in  some                                                               
areas, that sea otters are  encroaching on his community, and the                                                               
adverse impact  that the  growing population  of sea  otters will                                                               
have on commercial crab fishing.                                                                                                
                                                                                                                                
10:12:18 AM                                                                                                                   
                                                                                                                                
MR. JENSEN  indicated that the  Dungeness crab fishery is  set up                                                               
in four tiers,  but he sold his Dungeness crab  permit due to the                                                               
increased pressure  sea otters  had placed on  the resource.   He                                                               
found  it disturbing  that young  people can't  really expect  to                                                               
earn  a  living  fishing  for  Dungeness crab  any  longer.    He                                                               
encouraged the  state to consider establishing  an aggressive sea                                                               
otter  management plan  to protect  the affected  fisheries.   He                                                               
feared that  sea otters will  negatively impact  communities with                                                               
potential losses  totaling tens of millions  of dollars annually.                                                               
Moreover, the  dive fisheries are also  being adversely affected,                                                               
he said.                                                                                                                        
                                                                                                                                
10:14:11 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  recalled a previous session's  presentation and the                                                               
sea urchin population  impacts on kelp beds and  asked whether he                                                               
has observed any changes to the kelp beds.                                                                                      
                                                                                                                                
MR.  JENSEN replied  that he  has not  noticed any  changes.   He                                                               
acknowledged  that if  sea  otters  eat the  sea  urchins so  one                                                               
upside to  growing sea  otter populations is  that the  kelp beds                                                               
are  likely healthier.   The  herring  roe on  kelp fishery  will                                                               
occur  next  month  in  Sea  Otter  Sound  [so  he'll  have  more                                                               
opportunity to assess the kelp at that time].                                                                                   
                                                                                                                                
10:15:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  noted previous consideration was  given to                                                               
expanding the use  of the sea otter pelts.   He asked whether any                                                               
progress has been  made to support Alaska  Native traditional and                                                               
cultural uses.   He recalled that some restrictions  on sea otter                                                               
fur use  has been  enforced since it  was determined  that "teddy                                                               
bears" were not  historically made from furs such  as sea otters.                                                               
He wondered if any of those restrictions have been relaxed.                                                                     
                                                                                                                                
MR. JENSEN  indicated that there  are tanneries operating  in the                                                               
area  as well  as some  skin sewing  by Alaska  Natives has  been                                                               
occurring.  He  was unsure whether any changes  to the definition                                                               
of  "significantly altered"  or  any other  federal changes  have                                                               
been made.                                                                                                                      
                                                                                                                                
CHAIR  SEATON asked  Mr.  Jensen to  provide  contact numbers  of                                                               
those who  are actively harvesting  otter in the  Petersburg area                                                               
for use for cultural and traditional uses.                                                                                      
                                                                                                                                
MR. JENSEN offered  to provide names of the  four main harvesters                                                               
from the Petersburg area.                                                                                                       
                                                                                                                                
10:17:41 AM                                                                                                                   
                                                                                                                                
MR.  JENSEN highlighted  instances that  demonstrated the  impact                                                               
that  sea otters  can have  on one  bay through  the course  of a                                                               
single winter season.  In  conclusion, he related a scenario that                                                               
illustrated problems  that have occurred in  Lower Chatham Strait                                                               
with respect to sea otters.                                                                                                     
                                                                                                                                
^PRESENTATION:   Alaska  Department of  Fish &  Game -  Update on                                                               
Aquatic Invasive Species in Sitka                                                                                               
  PRESENTATION:  Alaska Department of Fish & Game - Update on                                                               
               Aquatic Invasive Species in Sitka                                                                            
                                                                                                                              
10:19:07 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced  that the next order of  business would be                                                               
a presentation:   Alaska Department of Fish and Game  - Update on                                                               
Aquatic Invasive Species in Sitka.                                                                                              
                                                                                                                                
10:19:21 AM                                                                                                                   
                                                                                                                                
CHARLIE  SWANTON,  Director,  Division   of  Sport  Fish,  Alaska                                                               
Department  of Fish  & Game  (ADF&G), provided  an update  on the                                                               
progress  being  made  to  eradicate   the  invasive  species  D.                                                               
vexillum, or  colonial tunicate,  infestation in  Whiting Harbor.                                                               
He related his  understanding that the committee  has had several                                                               
updates so he  hoped to briefly report on progress  that has been                                                               
made.                                                                                                                           
                                                                                                                                
10:21:03 AM                                                                                                                   
                                                                                                                                
MR. SWANTON  stated that  D. vexillum  was discovered  in Whiting                                                               
Harbor in 2010 adjacent  to the City of the Sitka.   That was the                                                               
first  known identification  of that  specific invasive  species.                                                               
The ADF&G's  approach was  to complete two  surveys -  an initial                                                               
survey in  2011, and  a more  comprehensive survey  in 2012.   In                                                               
essence, the  ADF&G received a capital  improvement project (CIP)                                                               
in FY  13 to address  remnants of an aquatic  farm as well  as to                                                               
conduct containment and eradication  activities.  The 2012 survey                                                               
performed  by ADF&G's  staff used  refined transects  to identify                                                               
the  coverage  and  concentrations  of D.  vexillum  tunicate  in                                                               
Whiting Harbor and  to create a map for submitting  a request for                                                               
proposal (RFP) for  use by a proposed contractor  to eradicate or                                                               
control the  invasive species.   However, the department  did not                                                               
receive  any initial  response to  the April  2013 RFP,  which is                                                               
detailed in the  status report [including reasons,  such as prior                                                               
commitments,  lack of  sufficient time  to prepare  and implement                                                               
treatment trials,  and unfeasible expectations for  the project].                                                               
In response  to a question,  Mr. Swanton acknowledged  that there                                                               
were not any responses to the RFP.                                                                                              
                                                                                                                                
MR.  SWANTON related  that he  held follow-up  conversations with                                                               
interested  parties,  such   as  the  Smithsonian  [Environmental                                                               
Research Center](SERC),  an organization with  experience working                                                               
in this  area.  The SERC  subsequently submitted a scope  of work                                                               
and  interest  for  control  and   eradication  processes.    The                                                               
department has  reviewed the  SERC's scope of  work and  hopes to                                                               
contract with them by the end  of this month or early next month.                                                               
He anticipated  that activities would  take place in  August 2014                                                               
to test  treatments to  induce mortality in  Whiting Harbor.   In                                                               
response  to a  question,  he  acknowledged that  the  SERC is  a                                                               
potential contractor.   He related that the next  testing will be                                                               
conducted  to observe  one-to-three  meter  enclosures using  the                                                               
same  treatment  scales,  which ranges  from  cement  dust,  high                                                               
concentrated  saline, or  chlorine, in  order to  determine which                                                               
treatment  will work  best.    He related  that  the timeline  is                                                               
outlined  on  page 2  [of  the  February  20, 2014  ADF&G  status                                                               
update].   He said the  department hopes to  collaboratively work                                                               
with the SERC on a  full scale eradication and monitoring program                                                               
proposal  to be  submitted to  the North  Pacific Research  Board                                                               
(NPRB) in December 2014.                                                                                                        
                                                                                                                                
10:24:27 AM                                                                                                                   
                                                                                                                                
MR.  SWANTON anticipated  that typically  a granting  agency will                                                               
fund  the work  that the  department is  currently investigating.                                                               
By including  treatment trials the  department hopes  to leverage                                                               
the  CIP monies  to do  a full  scale eradication  and subsequent                                                               
monitoring through 2017 or 2018.                                                                                                
                                                                                                                                
MR.  SWANTON  directed  attention  to page  2  of  the  committee                                                               
handout  to  the final  bullet  point,  which  is to  review  the                                                               
financial information and various  funding sources that have been                                                               
used in this process.   He noted the balance of  the CIP is about                                                               
$431,000.                                                                                                                       
                                                                                                                                
MR.  SWANTON turned  to page  3  to a  map of  Whiting Harbor  to                                                               
highlight the  actions taken  to map  the D.  vexillum tunicate's                                                               
presence.  He  reported that the largest concentration  of the D.                                                               
vexillum is at the head of  the harbor and came from aquatic farm                                                               
infrastructure, including  nets, lines, or other  equipment.  The                                                               
coverage that  exists is  largely a function  of the  cleaning of                                                               
the nets on  the shoreline, in other words, nets  were brought up                                                               
and pressure washed  and the tide moved the matter  back into the                                                               
water and colonies formed.                                                                                                      
                                                                                                                                
10:26:24 AM                                                                                                                   
                                                                                                                                
MR. SWANTON turned to the  final map, which indicates populations                                                               
for 2011 and 2012 [page 4].   There was concern that the invasive                                                               
had  moved outside  of the  harbor; however,  it appears  that it                                                               
would be minimal  with concentrations occurring only  in the head                                                               
of the bay.  He pointed out that  the top left was adjacent to an                                                               
island  in  which infrastructure  had  washed  up, but  extensive                                                               
searching did  not indicate  any invasive  species.   He directed                                                               
attention to the two circles on  the chart of Whiting Harbor that                                                               
indicate the  outlier populations of  D. vexillum.   He estimated                                                               
the area is about  2,000 feet from the head of  the bay where the                                                               
highest concentration of invasive species is located.                                                                           
                                                                                                                                
MR.  SWANTON  asked  to  discuss  Botryllid  and  Star  Tunicate:                                                               
Botryllusschlosseri invasive species.                                                                                           
                                                                                                                                
10:28:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON asked to first  direct attention to page 4.                                                               
He asked for further clarification  on the transect lines and the                                                               
sampling area.   He further  asked whether the area  has expanded                                                               
or if transects have been placed in new areas.                                                                                  
                                                                                                                                
MR. SWANTON answered that the  white lines are the transect lines                                                               
with  respect to  the surveys.   He  said the  scale of  the 2012                                                               
survey was refined to every 50  feet instead of every 150 feet as                                                               
in 2011.                                                                                                                        
                                                                                                                                
CHAIR SEATON  related his  understanding that  some of  the areas                                                               
may not  have been sampled  in 2011,  but the more  detailed 2012                                                               
survey may have picked up more incidence of D. vexillum.                                                                        
                                                                                                                                
MR.  SWANTON  disagreed  that  there  had  been  any  significant                                                               
expansion of the invasive species,  but noted the differences may                                                               
be due  to statistics.  In  response to a question  he identified                                                               
Neva Island as the island that lies beyond Whiting Harbor.                                                                      
                                                                                                                                
10:30:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS asked  why the  Smithsonian (SERC)                                                               
did not respond to the initial RFP.                                                                                             
                                                                                                                                
MR. SWANTON answer that he was unsure.                                                                                          
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  about  the  ADF&G's  staff                                                               
capacity to respond effectively to invasive species.                                                                            
                                                                                                                                
MR. SWANTON  responded that the  department has done the  best it                                                               
can  with what  it has.   He  acknowledged that  Alaska has  been                                                               
lucky,  thus  far, since  it  hasn't  had  the issues  that  some                                                               
coastal areas  in the Lower 48  have had.  He  offered his belief                                                               
that part of the reason is  due to geography, plus the department                                                               
has been  able to  learn from  other states  how to  thwart these                                                               
types of  threats.   He reiterated that  the department  has been                                                               
doing okay given its current staff and funding.                                                                                 
                                                                                                                                
CHAIR  SEATON  concurred  that  this  specific  invasive  species                                                               
doesn't appear  to be a  rapidly expanding  species.  He  did not                                                               
question the  department's response,  noting the  legislature has                                                               
also been working  to obtain funding; however,  he concluded that                                                               
the  response has  been  a  slow response  in  dealing with  this                                                               
invasive species.  Luckily, this  particular invasive species has                                                               
moved  very slowly,  which  has allowed  the  department and  the                                                               
legislature  time to  respond.   He imagined  if D.  vexillum was                                                               
beginning to  spread to  the commercial  sac roe  herring fishery                                                               
areas that it  could mean cancelling the fishery  since the seine                                                               
nets  would be  affected  and could  easily  spread the  invasive                                                               
species.   He asked whether  the department has developed  a plan                                                               
to employ  decontamination and  quarantine strategies  to respond                                                               
to a rapidly moving contaminant.                                                                                                
                                                                                                                                
MR.  SWANTON answered  that it  would be  difficult to  address a                                                               
complex topic  such as  this without a  body of  knowledge behind                                                               
it.   He applauded efforts made  by the department and  cited the                                                               
efforts it  has made.   Progress  has been  made in  a reasonable                                                               
time,  he suggested.   He  agreed  that the  department has  been                                                               
lucky that  this invasive species reproductive  rates [were low].                                                               
Further, the authority  for vessel movement is a  broad topic and                                                               
the scope for contamination and  quarantine measures will need to                                                               
be fully explored, he said.                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  offered his  belief that a  structure will                                                               
need to be  created, but it is likely that  legislation will need                                                               
to take  place in order  for a  comprehensive plan to  be formed.                                                               
Once again he  applauded the department's efforts  to address the                                                               
problems in Whiting Harbor, but  he underscored the importance of                                                               
developing  rapid  response  strategies now,  given  that  warmer                                                               
water temperatures will likely lead to more invasive species.                                                                   
                                                                                                                                
10:41:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  acknowledged  the  department  is                                                               
doing  a  great job  with  what  it  has; however,  he  expressed                                                               
concern not so much with eradicating  the D. vexillum, but on the                                                               
timeline   since   the   nets  and   aqua   farm   superstructure                                                               
contamination  occurred in  August 2011,  but signage  in Whiting                                                               
Harbor discouraging boaters from  anchoring was placed during the                                                               
spring of 2013.   He underscored the importance  of placing signs                                                               
immediately once the invasive species  was discovered to act as a                                                               
preventive measure.                                                                                                             
                                                                                                                                
MR. SWANTON  answered that signs  have been in place  for several                                                               
years.   In  addition, the  department has  warned and  published                                                               
information  on  the  situation  since it  was  discovered.    He                                                               
clarified  the  information  in  the  document  referred  to  the                                                               
department signage  during the spring  of 2013 that  consisted of                                                               
floating buoys, which  were essentially located in  the middle of                                                               
the harbor.   Short  of blockading the  area, the  department has                                                               
taken adequate  measures to thwart  any vessels from  moving into                                                               
the contaminated area.                                                                                                          
                                                                                                                                
REPRESENTATIVE FEIGE  also expressed  concern on the  handling of                                                               
the situation  in Whiting  Harbor.   He suggested  the department                                                               
might have  taken a more aggressive  approach.  He was  glad this                                                               
invasive  species is  one that  doesn't spread  quickly, but  the                                                               
risk exists for  the tunicate to become more  devastating.  Thus,                                                               
action  may  be  needed  to  move  forward  despite  the  planned                                                               
scientific approach underway.                                                                                                   
                                                                                                                                
10:46:28 AM                                                                                                                   
                                                                                                                                
MR. SWANTON  turned to  ANB Harbor project  and the  discovery of                                                               
botrylloides, noting  the infected pilings have  been removed and                                                               
shipped  south.   No other  infestation  has been  noted and  the                                                               
herring fleet has not been affected, he said.                                                                                   
                                                                                                                                
10:48:20 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON asked  whether there is a concern  for sport fishing                                                               
or subsistence fishing. He asked  whether Whiting Harbor has been                                                               
restricted to any use.                                                                                                          
                                                                                                                                
MR.  SWANTON  responded  that   recreational  activity  has  been                                                               
prohibited and anchorage has been discouraged.                                                                                  
                                                                                                                                
10:49:16 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON asked  whether that area was  traditionally used for                                                               
herring spawning collection area.                                                                                               
                                                                                                                                
MR. SWANTON answered not to  his knowledge; however he was unsure                                                               
of the historical use and  offered to provide further information                                                               
regarding historical use of the area.                                                                                           
                                                                                                                                
CHAIR SEATON asked  whether the Sitka residents are  aware of the                                                               
situation and use other areas.                                                                                                  
                                                                                                                                
MR.  SWANTON stated  his belief  and  deferred to  Representative                                                               
Kreiss-Tompkins.                                                                                                                
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  offered his  belief that  there is                                                               
widespread local knowledge.   He expressed concern  that the area                                                               
has  substantial transient  traffic  so nonresidents  may not  be                                                               
aware of the problems but local residents are informed.                                                                         
                                                                                                                                
MR. SWANTON  responded that  the department  believes that  the D                                                               
vexillum  came   to  Whiting   Harbor  on   infected  aquaculture                                                               
infrastructure and that it was not brought in by vessels.                                                                       
                                                                                                                                
10:51:21 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON asked  whether any  policies  have been  instituted                                                               
that would require  gear inspection, or does  legislation need to                                                               
be drafted to address marine gear crossing state lines.                                                                         
                                                                                                                                
MR. SWANTON offered to provide the information to the committee.                                                                
                                                                                                                                
CHAIR SEATON offered to attach  provisions to an existing bill to                                                               
avoid delays.                                                                                                                   
                                                                                                                                
10:52:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FEIGE asked  whether the  harbor star  and golden                                                               
chain tunicates are invasive.                                                                                                   
                                                                                                                                
MR. SWANTON answered yes.                                                                                                       
                                                                                                                                
REPRESENTATIVE  FEIGE asked  for further  clarification on  where                                                               
these tunicate invasive species are found in the world.                                                                         
                                                                                                                                
MR.  SWANTON  answered that  he  was  unsure, but  the  worldwide                                                               
distribution   information  will   be  made   available  to   the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   FEIGE  asked   whether  information   exists  on                                                               
eradication and  what is  the potential  for invasive  species to                                                               
spread.                                                                                                                         
                                                                                                                                
MR. SWANTON  answered that the location  where [the botrylloides,                                                               
or  harbor  star and  golden  chain  tunicates] have  been  found                                                               
appears to be  isolated to pilings in the  ANB Harbor [discovered                                                               
during the  ANB Harbor replacement].   The piling that  was being                                                               
replaced was loaded on barges and  shipped to the Lower 48.  Once                                                               
the  pilings are  dry,  the invasive  species  is desiccated  and                                                               
shipped, which seems to be the  best means to handle the invasive                                                               
species, in terms of eradication.                                                                                               
                                                                                                                                
REPRESENTATIVE FEIGE  asked for further clarification  if removal                                                               
from the environment is the solution.                                                                                           
                                                                                                                                
10:54:56 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE FEIGE  asked whether  a survey has  been conducted                                                               
to ensure that invasive species  are not found throughout the ANB                                                               
Harbor.  He asked  whether ANB Harbor is the main  harbor or is a                                                               
satellite harbor.                                                                                                               
                                                                                                                                
MR. SWANTON offered to provide  the information to the committee.                                                               
He offered his belief that this  species was found in 2010 at the                                                               
same time as the D. vexillum was found.                                                                                         
                                                                                                                                
10:55:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS  asked   how  the   ANB  tunicate                                                               
invasive species arrived in ANB Harbor.                                                                                         
                                                                                                                                
MR.  SWANTON answered  that he  was unsure  of the  specifics and                                                               
preferred not to speculate; however,  he offered to research this                                                               
and provide the information to the committee.                                                                                   
                                                                                                                                
10:56:19 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON acknowledged  that it  would  be good  to know  the                                                               
origin  of the  tunicate invasive  species and  whether they  all                                                               
arrived via similar  means.  He was unsure  whether North Pacific                                                               
Research or  the Smithsonian (SERC)  were trying  several control                                                               
measures, including powdered  cement.  He asked for  the range of                                                               
control measures being used to study the invasive species.                                                                      
                                                                                                                                
MR. SWANTON responded that control  measures include use of hyper                                                               
saline solution, acetic  acid, cement dust, and  a combination of                                                               
solutions.   He  offered to  provide  a copy  of the  publication                                                               
published on  the trials that  have been  conducted.  He  said it                                                               
was fairly comprehensive and the  department will be expanding on                                                               
the  aquarium size  trials to  one to  three meter  treatments to                                                               
ascertain if the results are the same.                                                                                          
                                                                                                                                
10:59:02 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON related his understanding  that powdered chlorine is                                                               
also highly  used throughout the state  in processing facilities.                                                               
He  queried if  powdered chlorine  has been  used or  if it  is a                                                               
possible eradicator.                                                                                                            
                                                                                                                                
MR. SWANTON  answered the treatments  he mentioned were  the ones                                                               
he recalled after reading the report.   He recalled that it might                                                               
be something like a "hockey  puck" that dissolves over the course                                                               
of  time to  keep  the concentration  constant.   The  treatments                                                               
being  considered were  either liquid,  powder, or  some type  of                                                               
puck.                                                                                                                           
                                                                                                                                
CHAIR SEATON  responded the  committee will  appreciate receiving                                                               
this information.                                                                                                               
                                                                                                                                
^PRESENTATION:   Department  of Natural  Resources -  Interagency                                                               
MOU on Elodea                                                                                                                   
 PRESENTATION:  Department of Natural Resources - Interagency MOU                                                           
                           on Elodea                                                                                        
                                                                                                                              
11:00:25 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
a  presentation by  the Department  of Natural  Resources on  the                                                               
interagency MOU on Elodea.                                                                                                      
                                                                                                                                
11:00:45 AM                                                                                                                   
                                                                                                                                
ED FOGELS,  Deputy Commissioner, Department of  Natural Resources                                                               
(DNR),  offered to  provide an  update  on the  efforts to  fight                                                               
Elodea.   He reported that on  January 15, 2013 the  DNR signed a                                                               
memorandum of  understanding (MOU) with the  Alaska Department of                                                               
Fish  &   Game  (ADF&G)  and  the   Department  of  Environmental                                                               
Conservation   (DEC)   regarding  freshwater   aquatic   invasive                                                               
species, specifically  Elodea.  The  MOU clearly stated  that the                                                               
agencies consider  Elodea to be noxious,  degrading fish habitat,                                                               
and  displacing  native  flora  and  fauna.    The  DNR  has  the                                                               
responsibility to  coordinate efforts  to eradicate  the invasive                                                               
species, noting that freshwater  invasive species falls under the                                                               
DNR.    The   agencies  have  formed  an   Elodea  working  group                                                               
consisting  of technical  experts from  DNR, DEC,  and ADF&G  and                                                               
have included  other stakeholders, including staff  from the Soil                                                               
and Water Conservation  Districts and federal agencies.   The DNR                                                               
has an  Invasive Species program  located within the  Division of                                                               
Agriculture   with  Brianne   Blackburn,   the  coordinator   and                                                               
technical lead.                                                                                                                 
                                                                                                                                
11:02:41 AM                                                                                                                   
                                                                                                                                
MR.  FOGELS  said there  are  currently  three battlegrounds  for                                                               
Elodea  in  the  state.    He  identified  a  fairly  significant                                                               
infestation of  Elodea is located  in Fairbanks in  Chena Slough,                                                               
where  Elodea  growth  has  minimized  grayling  and  other  fish                                                               
movement.   The  Fairbanks Soil  and Water  Conservation District                                                               
(FSWCD)  has been  identified as  the local  lead to  address the                                                               
Elodea  problems  in Chena  Slough.    The FSWCD  has  considered                                                               
various  physical   and  mechanical  removal  techniques.     The                                                               
mechanical methods  have a  disadvantage since  Elodea propagates                                                               
very easily.   A one-inch  piece can float away  and re-propagate                                                               
in  another location.    Significant  effort surrounded  chemical                                                               
methods.   It's  much more  difficult to  figure out  how to  use                                                               
chemical  methods  in flowing  water  so  the Fairbanks  area  is                                                               
problematic.                                                                                                                    
                                                                                                                                
MR. FOGELS said  the Kenai Peninsula is  the second battleground.                                                               
The  Kenai  Peninsula  the  Homer  Soil  and  Water  Conservation                                                               
District  has been  partnering  with several  groups  to look  at                                                               
several  lakes;  Stormy Lake  and  Daniels  Lake.   The  DNR  has                                                               
permitted  the use  of  an  herbicide for  those  two lakes,  and                                                               
additional permits  still need  to be acquired,  but the  hope is                                                               
that this could  be tried this summer.   However, herbicides have                                                               
not been  used for Elodea in  Alaska in the northern  climates so                                                               
considerable concern  exists in terms of  effectiveness and other                                                               
effects since  this is  a new  approach and  the impacts  are not                                                               
fully understood.   He anticipated  that herbicides will  be used                                                               
in one of the lakes.                                                                                                            
                                                                                                                                
MR. FOGELS identified that the  third area is in Anchorage, which                                                               
has  had  infestations in  a  number  of  lakes, with  the  prime                                                               
infestation in Sand Lake.  He  reported that Sand Lake is heavily                                                               
used by float  planes.  Thus, how Elodea spreads  is important to                                                               
consider.   For example, the  plants can  get caught up  in float                                                               
plane  rudders  and potentially  could  be  transferred to  other                                                               
lakes.  The DNR has been  working closely with the Anchorage Soil                                                               
and  Water Conservation  District  (ASWCD) to  address Elodea  in                                                               
Sand Lake.   The department  has had some  capital appropriations                                                               
to  review the  problems, map  out Elodea  and look  for possible                                                               
solutions.    The  ASWCD has  been  investigating  using  certain                                                               
microbes to eat  sediments in hopes that it would  make Sand Lake                                                               
inhospitable to Elodea.                                                                                                         
                                                                                                                                
11:06:03 AM                                                                                                                   
                                                                                                                                
MR. FOGELS  advised a report from  the ASWCD is forthcoming.   He                                                               
suggested that microbe  use is one option.  Another  would be the                                                               
use of  herbicide, although  a number  of homeowners  live around                                                               
the  lake so  concern exists  due to  local wells.   Funding  for                                                               
mechanical  removal  would  minimize  the biomass  and  may  help                                                               
minimize spreading Elodea to other areas via float plane.                                                                       
                                                                                                                                
11:07:42 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FEIGE   inquired  whether  Lake  Hood   has  been                                                               
inspected for Elodea.                                                                                                           
                                                                                                                                
MR. FOGELS answered that Lake Hood  has other weed issues, but he                                                               
was not  aware that Elodea  is one of  the invasive species.   He                                                               
indicated  that mechanical  harvesting of  other weeds  occurs to                                                               
maintain the float plane pond.                                                                                                  
                                                                                                                                
REPRESENTATIVE FEIGE said he was  familiar with the weeds, noting                                                               
the weeds are naturally occurring and not invasive.                                                                             
                                                                                                                                
MR. FOGELS  said he believed so,  but offered to verify  that for                                                               
the committee.                                                                                                                  
                                                                                                                                
11:08:47 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON recalled  a plan  on  the Kenai  to restrict  float                                                               
plane activity to  one of the lakes and asked  if any float plane                                                               
usage is being considered for Sand Lake.                                                                                        
                                                                                                                                
MR. FOGELS answered that boat  and float plane use was restricted                                                               
at Stormy  Lake, but the DNR  has authority to do  so through the                                                               
state  park system.   He  questioned whether  DNR would  have the                                                               
same authority to restrict planes or boats at Sand Lake.                                                                        
                                                                                                                                
11:09:46 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  said  he  hoped  with  the  MOU  signed  that  the                                                               
department  will  advise  the   legislature  what  authority  the                                                               
department will need to restrict  vessel or float plane access in                                                               
identified areas to  inhibit spread of the invasive  species.  He                                                               
expressed concern that without  restrictions, the Elodea invasive                                                               
species will quickly spread.                                                                                                    
                                                                                                                                
MR. FOGELS  answered that the  department concurs with  the issue                                                               
and will  try to  cut down  on the biomass  to reduce  chances of                                                               
Elodea spreading.  He offered to report back to the committee.                                                                  
                                                                                                                                
CHAIR  SEATON  commented that  the  committee  does not  want  to                                                               
continue  control  measures  without  hope of  eradication.    It                                                               
emphasized  the importance  of eradicating  the invasive  species                                                               
since  the  legislature  is not  interested  in  funding  control                                                               
measures  over  the  next  twenty years.    He  anticipated  that                                                               
responses  to a  request for  proposal  (RFP) might  be less  for                                                               
control measures in  the short run, but it  doesn't eliminate the                                                               
potential  of  invasive  species  spreading  so  the  legislature                                                               
[would be interested in eradication measures].                                                                                  
                                                                                                                                
11:12:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  related  his  understanding  that                                                               
resources  and staff  exist  in  the department.    He asked  for                                                               
purview  difference  with  the  ADF&G  authorities  in  terms  of                                                               
eradicating invasive species.                                                                                                   
                                                                                                                                
MR.  FOGELS offered  to outline  the DNR's  authority, but  he is                                                               
less  familiar  with the  ADF&G's  authority.    The DNR  has  an                                                               
invasive  species program  within  the  Division of  Agriculture,                                                               
which provides  hard funding  to work with  other agencies.   The                                                               
director  has the  authority to  quarantine pests.   The  DNR has                                                               
been looking  at quarantining Elodea  and will public  notice the                                                               
quarantine, which  would prohibit import, sale,  or distribution.                                                               
He pointed  out that  DNR's focus  is on  land management  and it                                                               
does not focus  on marine aquatic invasive  species; however, the                                                               
department does issue aquatic farm  leases with stipulations.  He                                                               
was  unsure  if  the  department has  the  authority  to  require                                                               
certifications  but it  is something  the department  can review.                                                               
Moreover, the DNR  does have authority to  restrict motorized use                                                               
of a waterway, such that restriction  on jet boat use in Kachemak                                                               
Bay   have   been   implemented.     He   acknowledged   imposing                                                               
restrictions typically  involves opposition and  the restrictions                                                               
are limited to a special use area.                                                                                              
                                                                                                                                
11:14:59 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON expressed concern that  Sand Lake could become a hub                                                               
for the  spread of the  invasive species.   He asked  for further                                                               
clarification on which agency would  have the authority to do so.                                                               
He  further  asked whether  the  Department  of Transportation  &                                                               
Public Facilities will need to be  included in the MOU to provide                                                               
regulations in this effort.                                                                                                     
                                                                                                                                
MR. FOGELS  agreed to do so  but advised that the  water and land                                                               
is under  state authority managed  by DNR.   He doubted  that the                                                               
Federal Aviation Administration (FAA)  would restrict air traffic                                                               
for biological reasons.   He commented that float plane  use is a                                                               
generally  allowed use  of state  lands, which  is typically  not                                                               
restricted.   He speculated that  the municipality may  have some                                                               
authority  also.   He  offered to  research  and provide  further                                                               
information.                                                                                                                    
                                                                                                                                
CHAIR SEATON  commented that the  legislature will  consider gaps                                                               
in  authority  in  conjunction with  incipient  invasive  species                                                               
until eradication can be accomplished.                                                                                          
                                                                                                                                
11:17:31 AM                                                                                                                   
                                                                                                                                
MR. FOGELS summarized  the efforts the DNR has made.   He advised                                                               
that the department  has enlisted help from Dr.  Lars Anderson, a                                                               
renowned expert on aquatic invasive  species, who has traveled to                                                               
Alaska on several occasions to  assist in planning.  He described                                                               
efforts  being conducted  through the  working groups,  including                                                               
development of an aquatic invasive  species communication plan to                                                               
educate the  public and  field staff who  are helping  to address                                                               
the situation and track Elodea  statewide.  The working group was                                                               
formed one year  ago, progress is being made,  and the department                                                               
is working to address the issue.                                                                                                
                                                                                                                                
CHAIR  SEATON  related  his understanding  that  the  funding  is                                                               
adequate.                                                                                                                       
                                                                                                                                
MR.  FOGELS  answered  that  DNR has  funding  for  its  invasive                                                               
species   program;   however,   specific  projects   are   funded                                                               
separately and  the DNR does  not have  funding for them.   These                                                               
projects  typically funded  by the  Soil  and Water  Conservation                                                               
Districts  are seeking  grant  or capital  funding  to help  with                                                               
evaluations of areas.  For  example, the Anchorage Soil and Water                                                               
Conservation District  has received  funding for  Sand Lake.   He                                                               
anticipated something similar will  happen in the Kenai Peninsula                                                               
and the department  will rely on the stakeholder  groups to raise                                                               
funds  to address  the  issue.   He offered  his  belief that  to                                                               
actually do eradication  will be costly.  He  estimated the costs                                                               
will range  from $200,000-$300,000  per lake.   The DNR  has been                                                               
involved  in considering  whether  pesticides  are effective,  if                                                               
they  can  be  used  safely,   and  whether  cost  estimates  are                                                               
available.  Currently, permitting has  also been difficult and is                                                               
one reason that  DEC is part of the working  group, since DEC can                                                               
streamline  the permitting  process for  invasive species  so the                                                               
DNR  won't  need  to  wait  a year  to  obtain  permits  when  an                                                               
infestation occurs.                                                                                                             
                                                                                                                                
CHAIR SEATON  asked to  be kept informed  so the  legislature can                                                               
assist  with  any necessary  authority.    He asked  for  further                                                               
clarification on outstanding permits for Elodea.                                                                                
                                                                                                                                
MR. FOGELS  reported that  for the  Kenai Peninsula,  Stormy Lake                                                               
area, the DEC  has issued a permit for an  herbicide, Diquat, and                                                               
another permit is  pending for Sonar.  Although  an ADF&G habitat                                                               
permit and a Division of Mining,  Land and Water permit are still                                                               
pending,  these  permits will  be  straightforward  once the  DEC                                                               
permits are issued.                                                                                                             
                                                                                                                                
11:23:06 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  asked  to  have   the  Anchorage  Soil  and  Water                                                               
Conservation  District's information  forwarded to  the committee                                                               
so  it can  have the  analysis  on Sand  Lake once  it is  public                                                               
information.                                                                                                                    
                                                                                                                                
MR. FOGELS agreed to do so.                                                                                                     
                                                                                                                                
11:23:32 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries meeting  was adjourned  at 11:23                                                               
a.m.                                                                                                                            

Document Name Date/Time Subjects
Sea Otter Mark Jensen.ppt HFSH 2/20/2014 10:00:00 AM
sea otter predation
House Special Committee on Fisheries ADF&G Invasive Tunicates Briefing.pdf HFSH 2/20/2014 10:00:00 AM
Aquatic Invasive Species
KCAW Sitka Local News.pdf HFSH 2/20/2014 10:00:00 AM
Aquatic Invasive Species
MOU Invasive Freshwater Aquatic Plants_State Agencies.pdf HFSH 2/20/2014 10:00:00 AM
Aquatic Invasive Species