Legislature(2013 - 2014)CAPITOL 120

03/11/2014 10:00 AM House FISHERIES


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10:02:40 AM Start
10:03:16 AM Mariculture Overview: "regulatory Structure & Potential for Expansion of the Industry."
11:14:07 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Mariculture Overview: "Regulatory Structure & TELECONFERENCED
Potentials for Expansion of the Industry"
*+ Resolution Regarding Community Fishing TELECONFERENCED
Associations
<Resolution Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         March 11, 2014                                                                                         
                           10:02 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Eric Feige                                                                                                       
Representative Lynn Gattis                                                                                                      
Representative Bob Herron                                                                                                       
Representative Craig Johnson                                                                                                    
Representative Jonathan Kreiss-Tomkins                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Kurt Olson                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
MARICULTURE OVERVIEW: "REGULATORY STRUCTURE & POTENTIALS FOR                                                                    
EXPANSION OF THE INDUSTRY."                                                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
Resolution Regarding Community Fishing Associations                                                                             
                                                                                                                                
     - RESOLUTION HEARING CANCELED                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RONALD JOSEPHSON, Coordinator                                                                                                   
Fisheries Monitoring, Permitting and Development                                                                                
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on the mariculture                                                                    
industry.                                                                                                                       
                                                                                                                                
ELAINE BUSSE FLOYD, Director                                                                                                    
Division of Environmental Health                                                                                                
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified  during  the   presentation  on                                                            
mariculture.                                                                                                                    
                                                                                                                                
WYN MENEFEE, Chief of Operations                                                                                                
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified  during  the   presentation  on                                                            
mariculture.                                                                                                                    
                                                                                                                                
ADAM SMITH, Leasing Section Manager                                                                                             
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified  during  the   presentation  on                                                            
mariculture.                                                                                                                    
                                                                                                                                
JOSEPH JACOBSON, Director                                                                                                       
Division of Economic Development                                                                                                
Department of Commerce, Community & Economic Development (DCCED)                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Gave  presentation  entitled  "Mariculture                                                            
Industry Overview".                                                                                                             
                                                                                                                                
RODGER PAINTER                                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during mariculture overview.                                                                   
                                                                                                                                
MARGO REVEIL, Co-Owner                                                                                                          
Jakolof Bay Oyster Co.                                                                                                          
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified during mariculture overview.                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:02:40 AM                                                                                                                   
                                                                                                                                
CHAIR  PAUL   SEATON  called  the   House  Special   Committee  on                                                            
Fisheries  meeting  to  order  at   10:02  a.m.    Representatives                                                              
Herron, Kreiss-Tomkins,  Feige, Johnson,  and Seaton  were present                                                              
at  the call  to  order.   Representative  Gattis  arrived as  the                                                              
meeting was in progress.                                                                                                        
                                                                                                                                
^Mariculture  Overview:  "Regulatory  Structure  &  Potential  for                                                              
Expansion of the Industry."                                                                                                     
  Mariculture Overview: "Regulatory Structure & Potential for                                                               
                  Expansion of the Industry."                                                                               
                                                                                                                                
10:03:16 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  announced that the  only order of business  would be                                                              
an  overview  on  the  regulatory   structure  and  potential  for                                                              
expansion of the mariculture industry.                                                                                          
                                                                                                                                
10:03:40 AM                                                                                                                   
                                                                                                                                
RONALD  JOSEPHSON, Coordinator,  Fisheries Monitoring,  Permitting                                                              
and  Development,  Alaska  Department  of  Fish  &  Game  (ADF&G),                                                              
stated  his section  oversees  permitting  for aquatic  farms  and                                                              
hatchery programs  in the state and issues fish  resource permits,                                                              
which  are  oriented towards  research  projects  for  classrooms.                                                              
Today, he would  like to discuss the status of  aquatic farming in                                                              
Alaska, including  an overview of the program  mission, permitting                                                              
process, geographic  farm concentration, where farms  are located,                                                              
and  issues   in  terms  of   seed  acquisition  and   efforts  to                                                              
streamline the program.                                                                                                         
                                                                                                                                
MR. JOSEPHSON  directed attention  to slide  3, entitled  "Program                                                              
Mission."   The program mission  for aquatic farming is  to permit                                                              
and  regulate  aquatic farming  in  the  state  in a  manner  than                                                              
ensures  the protection  of the  state's fish,  game, and  aquatic                                                              
plant resources  and improves the economy, health,  and well-being                                                              
of the people of the state.                                                                                                     
                                                                                                                                
MR.  JOSEPHSON  outlined  four elements,  such  as  the  operation                                                              
permit that  is issued to  an aquatic farm.   There are  two types                                                              
of  transport  permits within  the  state  since a  person  cannot                                                              
possess  or transport  any live  animal  or aquatic  plant in  the                                                              
state without  a permit.   The second  permit allows  transport of                                                              
brood stock.   He related  a farm in  Seward is hatching  geoducks                                                              
to produce  larvae, which will grow  into spat, and when  they are                                                              
a few  millimeters long they  will grow  into nurseries.   He said                                                              
the hatchery  will  need a permit  to transport  the brood  stock.                                                              
He stated that  disease-free seed source certification  relates to                                                              
certification  of hatcheries  in  Washington State  or from  Kona,                                                              
Hawaii, that provide oyster seed stock.                                                                                         
                                                                                                                                
10:07:14 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  asked  whether  importation   is  limited  to  only                                                              
oysters.                                                                                                                        
                                                                                                                                
MR. JOSEPHSON answered yes.                                                                                                     
                                                                                                                                
MR. JOSEPHSON  turned to slide  4, entitled "Permitting  Process,"                                                              
and said  it is "pretty  linear."  The  applicant applies  and the                                                              
agency reviews  the application.   The packet includes  permitting                                                              
from ADF&G  and from  the Department  of Natural Resources  (DNR).                                                              
The  agencies assist  the farmer  in understanding  the lease  and                                                              
permit requirements.   He said it  can take six to nine  months to                                                              
review  an  application,  but it  represents  a  big  undertaking,                                                              
similar to the hatchery permitting process.                                                                                     
                                                                                                                                
CHAIR SEATON asked for the average time.                                                                                        
                                                                                                                                
MR. JOSEPHSON  replied that it ranges  from six to nine  months to                                                              
complete the process.                                                                                                           
                                                                                                                                
10:08:53 AM                                                                                                                   
                                                                                                                                
MR.  JOSEPHSON  moved  to  slide   5,  entitled  "Permitted  Farms                                                              
Geographic Concentration,"  and pointed  out the locations  of the                                                              
farms.   He  estimated approximately  one-third of  the farms  are                                                              
located in  Southcentral Alaska, in  Prince William Sound,  and in                                                              
the  Lower  Cook  Inlet  and  Kachemak  Bay  area.    In  northern                                                              
Southeast Alaska,  several farms are  located in Sitka and  in the                                                              
Juneau  area.  In  southern Southeast  Alaska,  most of the  farms                                                              
near Ketchikan  are geoduck  operations.  The  bulk of  the oyster                                                              
farms are  near Naukati  Bay on Prince  of Wales Island,  although                                                              
some are located near Klawock.                                                                                                  
                                                                                                                                
10:10:04 AM                                                                                                                   
                                                                                                                                
MR. JOSEPHSON directed  attention to slide 6,  entitled "Statewide                                                              
Production  by Region,"  and  reported that  the  farms have  been                                                              
stable and active  sales have increased.  The  number of permitted                                                              
active  farms  or  farms  with   sales  have  crept  upward.    He                                                              
indicated  that   Southcentral  Alaska   has  higher   sales,  but                                                              
Southeast Alaska has significant numbers as well.                                                                               
                                                                                                                                
CHAIR SEATON  asked whether  permitting was  by acreage  or animal                                                              
production.                                                                                                                     
                                                                                                                                
MR. JOSEPHSON  answered that  it is both.   He explained  that all                                                              
of the farms  have DNR leases for  a certain amount of  acreage so                                                              
farms  have  a  limited geographic  area.  The  ADF&G  permits  by                                                              
species,  and the  farms submit  operation  and development  plans                                                              
that  inform the  ADF&G  on the  numbers the  farm  would like  to                                                              
produce.    This  would  be limited  somewhat  by  the  number  of                                                              
animals  the farmer  wants  to put  on the  acreage  and how  much                                                              
effort  the farmer  wants to  put forth.   The ADF&G  has not  yet                                                              
limited the number of animals a farmer wishes to grow, he said.                                                                 
                                                                                                                                
10:11:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   FEIGE   asked   about  the   difference   between                                                              
permitted farms and permitted farms with sales.                                                                                 
                                                                                                                                
MR.  JOSEPHSON explained  that it  takes  three to  four years  in                                                              
Southcentral  Alaska and two  to three  years in Southeast  Alaska                                                              
before  oysters  are  ready  for  sales.   He  related  that  some                                                              
farmers are hobbyists and may still be in the planning stage.                                                                   
                                                                                                                                
REPRESENTATIVE FEIGE asked if there are any limits on permits.                                                                  
                                                                                                                                
MR. JOSEPHSON  replied that  the ADF&G permits  are issued  for 10                                                              
years without limits although DNR has usage provisions.                                                                         
                                                                                                                                
MR. JOSEPHSON  turned to slide  7, entitled "Statewide  Production                                                              
By  Species,"  noting  the largest  production  is  oysters,  with                                                              
gross  sales at  approximately $712,345;  geoducks have  increased                                                              
in numbers  [with sales  of $44,064], and  there are  a smattering                                                              
of littleneck clams [with sales of $2,900].                                                                                     
                                                                                                                                
MR. JOSEPHSON turned  to slide 8, entitled "SE  Production Percent                                                              
by Species."   The  graph highlights two  things, first,  it shows                                                              
the changes  in permitted  farms and  permitted farms  with sales;                                                              
secondly,  it demonstrates  a surge  in interest  for little  neck                                                              
clams in  the 1990s to  the extent that it  made up 50  percent of                                                              
the  sales, which  has  tapered off.   One  reason  could be  that                                                              
farmers didn't  figure out how to  be successful in  farming them,                                                              
although he was uncertain about the decline.                                                                                    
                                                                                                                                
MR.  JOSEPHSON  directed  attention   to  slide  9,  entitled  "SE                                                              
Production  Percent   by  Species,"  which  shows   production  in                                                              
Southcentral.   He noted  that mussels were  raised in  the 1990s,                                                              
but  have declined.    He  also pointed  out  that  the number  of                                                              
permitted farms and permitted farms with sales are nearly equal.                                                                
                                                                                                                                
MR.  JOSEPHSON  turned  to slide  10,  entitled  "Acquired  Seed,"                                                              
which indicates  the farmers'  estimated Pacific oyster  inventory                                                              
and new  seed from 2008-2013.   Inventories have  been diminishing                                                              
over the  last five  years and  obtaining new  seed has  also been                                                              
challenging.   He said  acquisition has been  the factor  that has                                                              
most inhibited the  industry from growing.  He  explained that the                                                              
Lower  48 hatcheries  had trouble  with acid  water, which  caused                                                              
problems in  seed and  larvae production for  export to  Alaska as                                                              
well as  for their  own production.   Further, very  little oyster                                                              
spawning has  occurred in  Alaska, which  has also contributed  to                                                              
lower inventories.   He pointed out that sales  have increased but                                                              
it is doubtful the  industry will be able to sustain  sales due to                                                              
the lack of inventory.                                                                                                          
                                                                                                                                
10:17:05 AM                                                                                                                   
                                                                                                                                
MR.  JOSEPHSON  turned  to  slide   11,  entitled  "State  Program                                                              
Streamlining Efforts."   He described  efforts made  to streamline                                                              
the  program,  including  joint applications  and  annual  reports                                                              
with DNR, which are on hold pending DNR regulations.                                                                            
                                                                                                                                
MR.  JOSEPHSON showed  slide 12,  and explained  that the  tumbler                                                              
sorts the  oysters, which tends  to encourage a cup  shaped oyster                                                              
that has been considered desirable by the raw oyster market.                                                                    
                                                                                                                                
10:19:00 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  asked if  there  were  any permitting  problems  or                                                              
negative consequences in the industry.                                                                                          
                                                                                                                                
MR. JOSEPHSON  answered that  the biggest  challenge has  been the                                                              
operation  and development  plan.  The division  requests  farmers                                                              
identify  the anticipated  acquired seed,  production, and  sales.                                                              
The  division's  feedback  has   been  that  the  aquatic  farmers                                                              
couldn't predict  but used  the approach of  "doing the  best they                                                              
could."   He understood  this since  it's difficult  to predict  a                                                              
10-year plan  due to  other factors.   However, ADF&G  regulations                                                              
require  a 10-year  plan.   In addition,  it can  be difficult  to                                                              
assess  inventory since  some  seed stock  dies,  and batches  are                                                              
mixed since the  oysters are graded by size.   He acknowledged the                                                              
department   needs   to   balance    necessary   information   and                                                              
information  that the department  would like  to have.   Certainly                                                              
the farmers  like to  see the  statewide perspective,  but  at the                                                              
same time it is difficult for them to provide the data.                                                                         
                                                                                                                                
CHAIR SEATON asked  whether farmers were aware  of the flexibility                                                              
in the  overall plan since  the department isn't  sanctioning them                                                              
for not adhering  to the plan.  He assumed the  permit wouldn't be                                                              
lost during the initial term.                                                                                                   
                                                                                                                                
MR.  JOSEPHSON  responded  that   there  is  a  little  balancing.                                                              
Farmers  just need  to  submit any  changes  to their  operational                                                              
plans  to  the  department.    The  department  balances  farmers'                                                              
failure  to  follow  their  plans  with  practical  and  pragmatic                                                              
considerations and tend to rely on what is practical.                                                                           
                                                                                                                                
10:24:02 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON, with  respect to the big problem  with contamination                                                              
in Sitka,  asked about  regulations for  importation of  gear from                                                              
other areas and treating contaminated equipment.                                                                                
                                                                                                                                
MR.  JOSEPHSON replied  there  was  not any  specific  regulation,                                                              
although  the state  could put  conditions on  permits to  protect                                                              
the  natural  resources  of  the  state.    More  specifically,  a                                                              
condition  to  an  aquatic  farm permit  could  require  that  any                                                              
equipment   acquired   from   outside  Alaska   [be   subject   to                                                              
decontamination  procedures].    He  stated  that  the  department                                                              
would discuss this with the Department of Law.                                                                                  
                                                                                                                                
CHAIR  SEATON acknowledged  that Elodea  [canadensis] has  finally                                                              
been listed  as quarantined.   He requested the  department review                                                              
its  regulatory   authority  for   requiring  decontamination   of                                                              
previously  used  imported  gear.   He  asked  the  department  to                                                              
advise the committee  if it needs statutory changes  to accomplish                                                              
this.                                                                                                                           
                                                                                                                                
10:26:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   asked  about  any   problems  for                                                              
mariculture that have arisen with ocean acidification.                                                                          
                                                                                                                                
MR. JOSEPHSON  said he  was unsure, but  he has anecdotally  heard                                                              
about increased  acidity; however, without a  long-term consistent                                                              
measurement, he could not validate the problem.                                                                                 
                                                                                                                                
10:27:32 AM                                                                                                                   
                                                                                                                                
ELAINE BUSSE  FLOYD, Director,  Division of Environmental  Health,                                                              
Department  of  Environmental  Conservation  (DEC),  reviewed  the                                                              
handout entitled,  "Mariculture  Overview: Regulatory  Structure &                                                              
Potential of  Expansion of  the Industry,"  dated March  11, 2014,                                                              
included in  members' packets.  She  said that once DEC  and DNR's                                                              
permitting  and leasing is  completed, DEC  is required  under its                                                              
shellfish sanitation  program terms  to ensure that  the shellfish                                                              
is harvested  in a  region free  of contaminants.   She  described                                                              
the process  DEC uses to classify  a growing area, which  is based                                                              
on  an extensive  survey  that  includes evaluation  of  pollution                                                              
sources, meteorological  facts,  hydrographic factors  that affect                                                              
the distribution  of pollutants  throughout the growing  area, and                                                              
physical dilution  factors.  She explained that  it's an extensive                                                              
process  to initially  classify  a  growing area,  which  includes                                                              
taking samples in  a variety of environmental conditions  over the                                                              
course of  a one-year  period.   She noted  that the growing  area                                                              
would be  classified according  to the  information gathered,  and                                                              
annual  water  tests are  required.    Next,  the DEC  would  test                                                              
shellfish  for  pathogens  and toxins,  in  particular,  paralytic                                                              
shellfish toxin (PST),  but also for other toxins  to certify that                                                              
harvested animals  are safe.   Either the  area will  be certified                                                              
and ADF&G  will authorize the opening  of the specific  area for a                                                              
short time,  within five days  of sampling,  or the DEC  does "lot                                                              
sampling."                                                                                                                      
                                                                                                                                
10:31:06 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  presumed the  five-day period  was related  to wild-                                                              
stock harvest  by divers or  collectors and  the farms do  the lot                                                              
analysis.                                                                                                                       
                                                                                                                                
MS. BUSSE FLOYD  answered that she was unsure  of any distinction.                                                              
She  confirmed the  wild harvesters  harvest  within the  five-day                                                              
period but she was unsure of the sampling for farms.                                                                            
                                                                                                                                
CHAIR  SEATON,  with respect  to  the  DEC's testing  facility  in                                                              
Anchorage, related  the testing  procedure and efforts  to improve                                                              
testing.                                                                                                                        
                                                                                                                                
MS.  BUSSE FLOYD  declared that  the department  prides itself  on                                                              
its environmental health lab facility.                                                                                          
                                                                                                                                
10:33:14 AM                                                                                                                   
                                                                                                                                
WYN MENEFEE,  Chief of  Operations, Division  of Mining,  Land and                                                              
Water,  Department  of  Natural  Resources,  said  the  department                                                              
received  a  series of  questions  to  address.   He  referred  to                                                              
aquatic  farm lease  fees  and reasons  these  fees are  different                                                              
from other lease  fees.  He said the department  will review lease                                                              
extensions  and renewals  and lease  terms to  ensure farmers  are                                                              
actively using  their leases.   In  addition, the department  will                                                              
address hitchhiker  species on gear.  Further,  the department has                                                              
been under  a scoping  process for  regulation  changes.   He said                                                              
the department  recognizes a  need to  improve certain  aspects to                                                              
better relate to how the industry works.                                                                                        
                                                                                                                                
10:36:08 AM                                                                                                                   
                                                                                                                                
ADAM  SMITH, Leasing  Section Manager,  Division  of Mining,  Land                                                              
and  Water,  Department  of  Natural Resources,  said  he  is  the                                                              
leasing  section manager  with oversight  of  the DNR's  statewide                                                              
mariculture  program.  He  reported the  department has  issued 66                                                              
leases statewide.   He related he  is currently in Homer  and that                                                              
the  department  had  its  first scoping  meeting  to  engage  the                                                              
public and  solicit ideas to  revamp the mariculture  regulations.                                                              
He said the department  plans to hold meetings in  Juneau on March                                                              
24, 2014 and a web-based meeting on April 22, 2014.                                                                             
                                                                                                                                
MR. SMITH  turned to  previous questions  related to lease  rates.                                                              
He explained  that the  mariculture program,  under AS  38.05.083,                                                              
dictates  that  sites  for  lease on  state  tidelands  cannot  be                                                              
issued  for  less than  the  appraised  fair-market value  of  the                                                              
land.  He noted  this is a per acre component.   The fee currently                                                              
needs  to   be  re-appraised   every  five   years  and   adjusted                                                              
accordingly.   One thing DNR has  done internally to  reduce costs                                                              
for farmers is to  have the appraisal unit develop  a fee schedule                                                              
for different  activities,  such as aquatic  farming on  tidelands                                                              
and uplands.   Currently, a  minimum entry level  farm encompasses                                                              
an acre,  and lease  fees are  $450 per  acre plus  $125 for  each                                                              
additional  acre.   The lease rate  is intentionally  set  high to                                                              
achieve  a  fair rate  of  return  to  the  state and  reduce  the                                                              
requirements for  aquatic farmers to complete appraisals  at their                                                              
expense.  He added  that if any of the farmers  believe that their                                                              
fees are set too  high, they have the option to  have an appraisal                                                              
completed and  present it to DNR.   He said that the  fee schedule                                                              
is  to arrive  at a  calculated  per acreage  rate  and have  that                                                              
available for fixing the price for acre.                                                                                        
                                                                                                                                
10:39:21 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  asked  for  a comparison  of  rates  between  other                                                              
activities  and uses  such as  agricultural rates  for grazing  or                                                              
gold mining.                                                                                                                    
                                                                                                                                
MR. SMITH  referred to  grazing leases,  which indicates  that the                                                              
value of leased  land is determined  on the value of the  land for                                                              
grazing.    He acknowledged  the  rates  are somewhat  lower  than                                                              
other fees,  since it  is based on  the carrying capacity,  winter                                                              
and  summer  forage,   and  other  factors.     The  1970  grazing                                                              
regulations  indicate that  the  rate cannot  be  less than  three                                                              
cents  per  acre.    Newer leasing  rates  under  11  AAC  58.410,                                                              
indicates that  for fewer than 50  animals grazing on  state land,                                                              
the minimum  fee will be $500  and for any other  purpose, $1,000.                                                              
Typically,  grazing leases  are for  large acreage  leases so  the                                                              
per-acre component  is typically  relatively low; however,  if any                                                              
infrastructure  supported the lease,  it would  be carved  out and                                                              
leased at fair market value.                                                                                                    
                                                                                                                                
10:41:31 AM                                                                                                                   
                                                                                                                                
MR. SMITH  turned to mining  leases and  to a question  related to                                                              
underwater gold  mine leases in  Nome.  Those leases  were offered                                                              
under  AS 38.05.250  (b) under  a competitive  auction process  in                                                              
which  the bid  is  awarded to  the  highest  cash deposit,  since                                                              
known  valuable minerals  on the  land  existed.   He pointed  out                                                              
that  other mining  opportunities  include  permits, in  instances                                                              
without known sources  of valuable minerals.  In  those instances,                                                              
a permittee can  start out under a permit and perfect  that into a                                                              
non-competitive lease  for the site.   He said that  production or                                                              
royalty taxes  are required for mining  based on 3 percent  of the                                                              
net income  determined by the mining  tax return submitted  to the                                                              
Department  of Revenue  each year.    Thus, in  those instances  a                                                              
land fee plus a royalty tax are assessed.                                                                                       
                                                                                                                                
10:43:05 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON asked  whether the  land  fees perfected  in a  non-                                                              
competitive situation are based on a per acre fee.                                                                              
                                                                                                                                
MR. SMITH answered  yes.  In fact, that would be  covered under AS                                                              
38.05.211,  which is  the annual  rental  for mining  claims.   He                                                              
explained that the  calculation for determining those  fees hinges                                                              
on the number  of years since  the mining claim was  first located                                                              
and can  range from  $.50 per  acre to  $2.50 per  acre, which  is                                                              
readjusted every  five to  ten years based  on the consumer  price                                                              
index (CPI).                                                                                                                    
                                                                                                                                
CHAIR SEATON said that gives the committee an idea of the range.                                                                
                                                                                                                                
10:43:58 AM                                                                                                                   
                                                                                                                                
MR.  SMITH   turned  to  the   next  question,  how   the  current                                                              
mariculture  extension  provisions  compare  to other  state  land                                                              
renewals.    In  2012,  DNR was  successful  in  passing  a  lease                                                              
renewal statute,  AS 38.05.070  (e), which  grants the  department                                                              
the  authority to  renew  a lease  term  if a  lessee  is in  good                                                              
standing.    He  said  the  renewal  could  be  identical  to  the                                                              
original  lease term.   He  explained that  under aquatic  farming                                                              
regulations,  DNR  can renew  leases,  but  it requires  a  public                                                              
noticing  process.   He  hoped  to bring  this  in  line with  the                                                              
current lease renewal  statutes.  He referred to  proposed Section                                                              
16, in  HB 77,  which is  language to  bring that into  alignment.                                                              
He related  that it  will be  very similar  to the  aforementioned                                                              
statute, in  which lessees  in good standing  at the end  of their                                                              
lease  terms  are  granted  another  lease  without  undergoing  a                                                              
public  process,  although  it  will  be  public  noticed  on  the                                                              
state's public notice website.                                                                                                  
                                                                                                                                
10:45:42 AM                                                                                                                   
                                                                                                                                
MR. SMITH  stated that one  question was  whether there is  a need                                                              
to  escalate  lease  terms  to ensure  that  people  are  actively                                                              
working their  leases.   Another question  is whether  a timeframe                                                              
exists  to revoke  or  terminate the  lease.   He  noted that  Mr.                                                              
Josephson brought  up the commercial  use requirement, which  is a                                                              
regulation in  the aquatic farm  regulations, under 11  AAC 63.030                                                              
(b), which  read, "By year  five a farmer  has to be  producing at                                                              
least  $3,000  in  gross  sales  per acre  or  $15,000  per  farm,                                                              
whichever  is less."   He  indicated that  these regulations  were                                                              
adopted  in 1998  when  the focus  was  on oysters.    One of  the                                                              
challenges  is that  other species  don't  grow in  five years  so                                                              
"one size  doesn't  fit all."   However, the  department has  used                                                              
this  measurement tool  to engage  farmers who  reached year  five                                                              
without   reaching  their   production   goal.     These   farmers                                                              
considered  either  reducing the  size  of the  farm  or trying  a                                                              
different  area.   One  of  the  things  the department  has  been                                                              
soliciting  public  input  for   during  the  scoping  process  is                                                              
whether  a  better   tool  exists.    In  addition   to  this  the                                                              
department  tries  to  ensure, by  regulation,  that  farmers  are                                                              
completely  utilizing the  space since the  leased acreage  should                                                              
be commensurate with production.                                                                                                
                                                                                                                                
CHAIR  SEATON  asked   whether  there  was  any   requirement  for                                                              
specific  distances between  farms  since  farmers need  plankton.                                                              
He asked whether any regulations address adjoining farms.                                                                       
                                                                                                                                
MR. SMITH  answered no; however,  the model that Alaska  Sea Grant                                                              
and some  of the farmers  are starting  to explore is  the cluster                                                              
farm  approach,  whereby  two  or  three farms  are  placed  in  a                                                              
similar   area   to   share   transportation,    monitoring,   and                                                              
classification costs,  if necessary.  Thus far,  this approach has                                                              
not taken off.                                                                                                                  
                                                                                                                                
10:49:41 AM                                                                                                                   
                                                                                                                                
MR.  SMITH added  that  another idea  to explore  is  to start  an                                                              
authorization  under a  land use  permit to  test suitability  and                                                              
new gear.   This has not yet  been built into the  regulations but                                                              
it something  under consideration  with the  Alaska Department  of                                                              
Fish &  Game and  if it  moves forward,  DNR will make  regulatory                                                              
changes.    He  suggested  this  could help  new  farmers  or  new                                                              
technology  be  successful.    In   response  to  a  question,  he                                                              
clarified that  DNR refers to  this as phasing and  authorization.                                                              
He explained that  DNR would write a decision for  a 10-year lease                                                              
but  commence  the  lease  under  an  early  authorization  for  a                                                              
permit,  and   if  the  technology   is  perfected  to   meet  the                                                              
benchmarks for production  within the first two to  three years it                                                              
will morph into a lease term.                                                                                                   
                                                                                                                                
10:51:23 AM                                                                                                                   
                                                                                                                                
MR.  SMITH turned  to prohibition  on import  of gear.  Currently,                                                              
DNR doesn't have  any regulation to address this, but  it could be                                                              
added or stipulated on the leases.                                                                                              
                                                                                                                                
CHAIR SEATON asked  whether these were being addressed  during the                                                              
pubic scoping meetings.                                                                                                         
                                                                                                                                
MR. SMITH  responded that it  has been  raised but DNR  hasn't had                                                              
any  direct  feedback on  this  year.    He reported  that  public                                                              
comment  for proposed  regulations  will be  open  from March  30,                                                              
2014 through April  30, 2014.  He noted that DNR  will take public                                                              
comments  online  on  the  aquatic farm  website  and  during  the                                                              
public meetings.                                                                                                                
                                                                                                                                
10:52:58 AM                                                                                                                   
                                                                                                                                
JOSEPH  JACOBSON,  Director,  Division  of  Economic  Development,                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED),  turned  to  slide  2,   entitled  "Mariculture  Industry                                                              
Support"   and  said   DCCED  supports   the   expansion  of   the                                                              
mariculture  industry in  two  different ways,  through  financing                                                              
and development.   He pointed out  that DCCED has  the Mariculture                                                              
Revolving Loan  Fund as well as  other funds that  potentially can                                                              
be used  for other  assets used on  a mariculture farm,  including                                                              
the Rural  Development [Initiative]  Fund  and the Small  Business                                                              
Economic Development  Fund, and  perhaps the Alaska  Microloan for                                                              
vessels  or  engine repurchase.    In  addition to  the  financial                                                              
assistance,  DCCED  can  assist through  industry  assistance  and                                                              
research  and outreach  to stimulate  investment  in the  industry                                                              
and expansion.   He  noted that  the department  has been  working                                                              
very closely  with the Alaska  Shellfish Growers  Association over                                                              
the past  several years to come  up with different  initiatives to                                                              
help advance the industry.                                                                                                      
                                                                                                                                
10:54:39 AM                                                                                                                   
                                                                                                                                
MR.   JACOBSON   directed   attention   to   slide   3,   entitled                                                              
"Mariculture Revolving  Loan Fund," noting that this  is primarily                                                              
for the planning,  construction, and operation of  the mariculture                                                              
business.    This  program  has  been  specifically  designed  for                                                              
Alaska  residents who  have established  two  years of  residency.                                                              
They  can qualify  for  a loan  up  to $100,000  per  year with  a                                                              
maximum balance  of $300,000  per borrower.   He related  that the                                                              
maximum  loan term  is  20 years.    Further,  interest rates  are                                                              
fixed at  the time of loan  approval and payments may  be deferred                                                              
for  the first  six  years  of the  loan.   He  characterized  the                                                              
program as  being flexible,  with the current  interest rate  at 5                                                              
percent; however,  all loans must be secured,  with an expectation                                                              
that funds  will be  repaid.   He reviewed  internal policies  for                                                              
collateral to help  keep the program secure but  more flexible for                                                              
expanding  shellfish growers  who  may have  a  lot of  investment                                                              
tied up in water  or seed and were previously  valued differently.                                                              
He summarized  that the  division has  been working with  industry                                                              
to make  it more  accessible although  due to  the newness  of the                                                              
changes he  couldn't really  assess the  effectiveness.   Based on                                                              
feedback from ASGA the growers seem happy with the changes.                                                                     
                                                                                                                                
CHAIR SEATON  has heard  that cooperatives  could not  qualify for                                                              
the loans.  He asked whether any provision will allow for that.                                                                 
                                                                                                                                
MR. JACOBSON  offered his  belief that  loans to cooperatives  are                                                              
not  currently  allowed  by  statute,   but  he  deferred  to  Mr.                                                              
Anderson.   He did not have any  issue with this, noting  the main                                                              
considerations  will be  securing the  loan since  it would  still                                                              
need collateral to guarantee the loan.                                                                                          
                                                                                                                                
10:58:09 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON asked  if a group  of mariculture  farms could  make                                                              
individual  pledges to  secure the  loan.  He  explained that  the                                                              
difficulty has been  in obtaining seed oyster in  Alaska; however,                                                              
the  financing  has   made  it  nearly  impossible   to  do  since                                                              
cooperatives  cannot qualify  for  loans.   He  wanted to  explore                                                              
enhancing mariculture by addressing the seed stock.                                                                             
                                                                                                                                
MR.  JACOBSON  said  DCCED  will  be happy  to  discuss  this  and                                                              
suggested  it would  need to be  done in  close consultation  with                                                              
cooperatives to be certain the changes will be useful for them.                                                                 
                                                                                                                                
11:00:06 AM                                                                                                                   
                                                                                                                                
MR. JACOBSON  turned to slide  4, entitled  "Fees and Costs."   He                                                              
explained that  loan fees have  a $100 non-refundable  application                                                              
fee, a  1 percent origination  fee for  closing, and  the borrower                                                              
is  responsible   for  all  costs   incurred  in   processing  the                                                              
application.                                                                                                                    
                                                                                                                                
MR.   JACOBSON   directed   attention   to   slide   5,   entitled                                                              
"Development  Projects,"   noting  that   a  few  years   ago  the                                                              
department conducted  a mariculture prospectus to find  out how to                                                              
address   financing   concerns,  research,   infrastructure,   and                                                              
marketing.   The  division  is working  on  an audit  on both  the                                                              
Alutiiq Pride  Shellfish Hatchery  and OceansAlaska  facilities in                                                              
Ketchikan and Seward.   This recommendation came from  the ASGA to                                                              
identify  some  individual  hurdles   that  these  hatcheries  are                                                              
encountering  and how to  best address  any production  challenges                                                              
that the  industry is currently  facing.  Further, this  review is                                                              
to get down  to the hard industry  economics to determine  what it                                                              
will take  to make it commercially  viable and to  get commitments                                                              
for  investment dollars  to the  industry.   He  pointed out  that                                                              
many  of  the larger  seafood  processors  in  the state  have  an                                                              
interest  in  shellfish, but  if  there  is  a limited  amount  of                                                              
investment capital,  it's important  to present a  compelling case                                                              
on  how  to  make this  industry  a  sound  investment  that  will                                                              
generate good returns  from a commercial scale.   The division has                                                              
been developing  the scope  of work from  the ASGA and  the Alaska                                                              
Fisheries  Development Foundation.    Once this  is  in place,  it                                                              
would be possible  to take these findings to  industry outside the                                                              
state.   He pointed  out that due  to ocean acidification  issues,                                                              
there have  been investments in  Hawaii to try to  keep hatcheries                                                              
for production.   He asked why not Alaska, and  responded that the                                                              
division wants  to take that message  out and expand  the industry                                                              
but  still needs  more information  to develop  a compelling  case                                                              
based on  hard facts.  In  general, the division has  been working                                                              
on a  broader maritime industry  initiative and how  to strengthen                                                              
Alaska's maritime  economy across all sectors, which  has included                                                              
evaluation of  infrastructure statewide,  with mariculture  as one                                                              
component.   He envisioned that  the infrastructure  investment in                                                              
different  parts of  the  state would  be  incorporated into  that                                                              
through a complementary project.                                                                                                
                                                                                                                                
11:03:50 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON asked  if  they were  participating  in the  scoping                                                              
with  DNR  to   meet  with  the  maritime  industry   to  identify                                                              
problems.                                                                                                                       
                                                                                                                                
MR.  JACOBSON said  they  had held  discussions,  but  he has  not                                                              
intimately involved in those changes.                                                                                           
                                                                                                                                
11:04:38 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON opened public testimony on mariculture.                                                                            
                                                                                                                                
11:05:11 AM                                                                                                                   
                                                                                                                                
RODGER PAINTER stated  that he recently stepped  down as president                                                              
of Alaska  Shellfish Growers  Association  after serving  about 25                                                              
years  in  that   capacity.    He  offered  some   information  on                                                              
questions  raised  today, including  ocean  acidification,  noting                                                              
the state increased  its surveillance of ocean  acidification.  He                                                              
noted  that a  new permanent  monitoring station  is in  Southeast                                                              
Alaska and  a new  one is also  in Resurrection  Bay.   The intake                                                              
lines  are  being   monitored  at  the  Alutiiq   Pride  Shellfish                                                              
Hatchery, and  surveillance is  being installed at  OceansAlaska's                                                              
facility in  Ketchikan.   The monitoring  has been increased  and,                                                              
although  Alaska has  not yet  experienced the  types of  problems                                                              
Washington and  Oregon have had,  the signs are not  good anywhere                                                              
in the Pacific  Ocean, thus, Alaska  is bound to have  problems at                                                              
some  point.    Directing  attention   to  the  loan  program,  he                                                              
commended Mr.  Jacobson.   He reported that  most farmers  had the                                                              
majority   of  their   assets  tied   up   in  their   mariculture                                                              
operations.     The  department   has  been   willing  to   accept                                                              
collateral,  such as  crops in  the  water, gear,  infrastructure,                                                              
farm  support infrastructure  that  was previously  not  accepted.                                                              
This  should  allow   farmers  greater  access  to   the  program.                                                              
Further,  over the  30  years in  the  business  the industry  had                                                              
significant  struggles  with  state government,  but  things  have                                                              
settled down in  the past few years.  He said  that ADF&G repealed                                                              
a  whole  slew  of  regulations  and DNR  has  responded  to  long                                                              
standing  requests  by  the  industry  to  address  the  five-year                                                              
production  requirement.  He  explained that  it takes  from eight                                                              
to nine  years for a  geoduck to grow  to maturity and  some other                                                              
species have a longer  life cycle, so it was  important to address                                                              
that five-year  wall.  He  stated that  it's easier and  faster to                                                              
get a mariculture  site permitted in Alaska than  anywhere else in                                                              
North America,  primarily  due to Alaska's  significant amount  of                                                              
undeveloped  coastline  compared  to  most other  locations.    It                                                              
takes several  months to obtain a  permit in Alaska, but  it takes                                                              
years in other states to go through the permitting process.                                                                     
                                                                                                                                
11:09:49 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  where  the  new  monitoring                                                              
station in Southeast Alaska is located.                                                                                         
                                                                                                                                
MR. PAINTER answered it is located in Icy Strait.                                                                               
                                                                                                                                
11:10:13 AM                                                                                                                   
                                                                                                                                
MARGO REVEIL,  Co-Owner, Jakolof Bay  Oyster Co., stated  that she                                                              
is  also   the  treasurer  for   the  Alaskan  Shellfish   Growers                                                              
Association (ASGA).   She said that  last year Jakolof  Bay Oyster                                                              
Co. was only able  to obtain about 25 percent of  the seed needed,                                                              
thus, the number  one issue for her company is seed.   She brought                                                              
up  ADF&G's efforts  to  streamline  the permitting  process,  but                                                              
reported that  her company,  which is  a new mariculture  company,                                                              
has  found  it  fairly  easy  to   work  with  the  various  state                                                              
departments.  She  asked the departments to  consider streamlining                                                              
the  seed  certification  process  and  the timing  of  when  this                                                              
occurs.  She  reported that a lot  of the seed is  obtained toward                                                              
the end of  the year, which puts  it in the water for  the winter.                                                              
She suggested  that  having this  occur earlier  in year would  be                                                              
very helpful.   She said  that some issues  had occurred  with the                                                              
pathology report  processing.  She personally thanked  members for                                                              
their  efforts to  get  boats out  of the  water  in Jackalof  Bay                                                              
since  it made  her business  possible.   She  said  that type  of                                                              
responsiveness  by  the  state is  incredibly  helpful  to  oyster                                                              
farmers and greatly appreciated.                                                                                                
                                                                                                                                
11:12:11 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  pointed out  ADF&G is present  if she  had questions                                                              
with respect to the seed certification process.                                                                                 
                                                                                                                                
MS. REVEIL said  she just wanted to bring this  to the committee's                                                              
attention.   She stated  that the  oceans are  changing, and  that                                                              
continuing  to  look for  ways  to  have  the seed  facilities  in                                                              
Alaska  and  figuring  out  ways  for  them  to  succeed  will  be                                                              
ongoing.  She said  she thinks the industry will  "take off" since                                                              
mariculture  in Alaska  is very  promising.   She noted that  some                                                              
things are out of the division's control.                                                                                       
                                                                                                                                
11:13:45 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON,  after first  determining  no  one else  wished  to                                                              
testify, [closed public testimony on mariculture.]                                                                              
                                                                                                                                
11:14:07 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Special  Committee on  Fisheries  meeting was  adjourned at  11:14                                                              
a.m.                                                                                                                            

Document Name Date/Time Subjects
House Fisheries Mariculture Overview Final.pdf HFSH 3/11/2014 10:00:00 AM
Mariculture
2014 ADFG Presentation on the Status of Aquatic Farming in Alaska.pdf HFSH 3/11/2014 10:00:00 AM
mariculture
DCCED House Fisheries Mariculture.pdf HFSH 3/11/2014 10:00:00 AM
mariculture