Legislature(2009 - 2010)BARNES 124

02/02/2010 10:15 AM FISHERIES

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10:22:00 AM Start
10:22:11 AM HB227
10:51:47 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved Out of Committee
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                        February 2, 2010                                                                                        
                           10:22 a.m.                                                                                           
MEMBERS PRESENT                                                                                                               
Representative Bryce Edgmon, Chair                                                                                              
Representative Wes Keller, Vice Chair                                                                                           
Representative Craig Johnson                                                                                                    
Representative Charisse Millett                                                                                                 
Representative Cathy Engstrom Munoz                                                                                             
Representative Robert L. "Bob" Buch                                                                                             
Representative Scott Kawasaki                                                                                                   
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
HOUSE BILL NO. 227                                                                                                              
"An Act establishing state fish and game reserves; creating the                                                                 
Holitna River Basin Hunting, Fishing, and Trapping Reserve; and                                                                 
providing for an effective date."                                                                                               
     - MOVED OUT OF COMMITTEE                                                                                                   
HOUSE BILL NO. 252                                                                                                              
"AN ACT RELATING TO THE DUTY OF THE COMMISSIONER OF NATURAL                                                                     
RESOURCES TO ADMINISTER AND SUPERVISE PROMOTIONAL AND MARKETING                                                                 
WORK FOR AGRICULTURAL AND AQUATIC FARM PRODUCTS."                                                                               
     - BILL HEARING CANCELED                                                                                                    
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 227                                                                                                                  
SHORT TITLE: HOLITNA BASIN RESERVE                                                                                              
SPONSOR(s): REPRESENTATIVE(s) HERRON                                                                                            
04/10/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/09       (H)       FSH, RES                                                                                               
01/19/10       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          


01/19/10 (H) FSH, RES

01/26/10 (H) FSH AT 10:15 AM BARNES 124

01/26/10 (H) Heard & Held

01/26/10 (H) MINUTE(FSH) 02/02/10 (H) FSH AT 10:15 AM BARNES 124 WITNESS REGISTER REPRESENTATIVE BOB HERRON Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Testified on SSHB 227, as prime sponsor. KEVIN SAXBY, Senior Assistant Attorney Natural Resources Section Civil Division Department of Law (DOL) Anchorage, Alaska POSITION STATEMENT: Responded to questions on SSHB 227. DAVE TRANTHAM Bethel, Alaska POSITION STATEMENT: Testified in support of SSHB 227. AARON BLOOMQUIST, Chairman Anchorage Fish and Game Advisory Committee Anchorage, Alaska POSITION STATEMENT: Testified in support of SSHB 227. DICK MYLIUS, Director Department of Natural Resources (DNR) Division of Mining, Land and Water Anchorage, Alaska POSITION STATEMENT: Responded to questions on SSHB 227. ACTION NARRATIVE 10:22:00 AM CHAIR BRYCE EDGMON called the House Special Committee on Fisheries meeting to order at 10:22 a.m. Representatives Edgmon, Keller, Munoz, Kawasaki, and Buch, were present at the call to order. Representatives Johnson and Millett arrived while the meeting was in progress HB 227-HOLITNA BASIN RESERVE 10:22:11 AM CHAIR EDGMON announced that the only order of business would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 227, "An Act relating to the establishment of state fish and game reserves; creating the Holitna River Basin Hunting, Fishing, and Trapping Reserve; and providing for an effective date." 10:24:31 AM REPRESENTATIVE BOB HERRON, Alaska State Legislature, referred to the outstanding questions that are still being addressed by the appropriate state departments, including some legal questions and a delineation of the boundaries. He suggested that the next committee of referral may be able to receive these responses, in order to allow the department adequate response time. 10:25:21 AM REPRESENTATIVE KELLER questioned why, because state statute already requires managing land for abundance, it would be necessary to designate an area specifically for that reason. REPRESENTATIVE HERRON clarified that intensive management (IM) practices maximize big game populations for human consumption. 10:28:02 AM KEVIN SAXBY, Senior Assistant Attorney, Natural Resources Section, Civil Division, Department of Law (DOL), stated that current statutory mandates to manage intensively for game is limited to certain ungulate species that have been identified by the Board of Game (BOG) as being important for high levels of human use. In the area being considered, it applies primarily to moose. However, the broad language of the bill refers to managing, in general, fish and game, for high levels of use. Therefore, the state would likely interpret that language to include fur bearers, predators, fish; and thus [the mandate] wouldn't be limited to ungulates. 10:29:28 AM REPRESENTATIVE KAWASAKI inquired how these populations might be managed. MR. SAXBY offered that animal populations naturally fluctuate, but with active human management the fluctuations could be minimized, providing a more constant harvest. REPRESENTATIVE KAWASAKI surmised that the BOG would make management decisions. 10:31:09 AM REPRESENTATIVE KAWASAKI asked if there are other statutes that apply similarly to the management of fish. MR. SAXBY replied that it does occur to the extent that fish stocks can be separately identified and managed, or else they are managed as mixed stocks. 10:31:56 AM REPRESENTATIVE MUNOZ referred to page 2, lines [5-9] and asked if there is a plan for prioritizing the named uses, or would they be equally managed. MR. SAXBY indicated that this language does not establish a consumptive use priority, however, existing subsistence statute does provide preference. 10:34:23 AM DAVE TRANTHAM, stated support for SSHB 227, sharing that he lives in this heavenly area, and believes the bill ensures preservation of the Basin for future generations. 10:40:12 AM AARON BLOOMQUIST, Chairman, Anchorage Fish and Game Advisory Committee, stated support for HB 227. The committee sees this as a step towards creating other IM areas in the state, without impinging on the possibilities of development. Pro-abundance and predator control may again come under, and this may assist in fending off such scrutiny. 10:42:22 AM CHAIR EDGMON closed public testimony. 10:43:13 AM REPRESENTATIVE KAWASAKI asked Department of Natural Resources (DNR) how this legislation might impact upstream users that pursue developing natural gas or mining. DICK MYLIUS, Director, Department of Natural Resources (DNR), Division of Mining, Land and Water, said it would add a layer of consideration when issuing permits, or leases, and determinations of whether activities would conflict with the intent of the legislation. Specifically, it would prohibit any land sales, and there is one area identified for potential sale in the upper reaches of the watershed. 10:44:26 AM REPRESENTATIVE MUNOZ noted the private parcels adjoining the area and asked about ownership rights. MR. MYLIUS responded that they would not be protected and that access is also protected. REPRESENTATIVE MUNOZ inquired where that protection is stipulated in the bill. REPRESENTATIVE HERRON referred to page 3, line 19, to indicate the language guaranteeing access. 10:45:44 AM REPRESENTATIVE KAWASAKI asked about the private land holdings. REPRESENTATIVE HERRON said that the west side parcels are primarily mining claims, some dating back 100 years. Additionally, there are Native allotments and homesteads. REPRESENTATIVE KAWASAKI queried whether lease/land holders have been contacted to ensure that they have been informed of a potential change in their land status. REPRESENTATIVE HERRON conceded that it may not have occurred, however, the consideration for this action has been in existence for about 30 years, and support in developing this legislation has come from some of the landholders. 10:48:08 AM REPRESENTATIVE MILLETT inquired whether anyone holding existing mining claim would be grandfathered in or be hampered by permit requirements, under SSHB 227. REPRESENTATIVE HERRON underscored that it is not the sponsor's intent to halt these types of extraction activities, as the historical makeup of the basin includes mining. MR. MYLIUS concurred and pointed out that the bill does not restrict privately owned lands. State mining claims are an exception and would need to be developed in accordance with the purposes of the reserve. REPRESENTATIVE MILLETT expressed concern for the ability to develop state mining claims in the area. REPRESENTATIVE HERRON suggested that it could be taken up in the next committee of referral. 10:50:41 AM REPRESENTATIVE JOHNSON stated his support for SSHB 227. 10:51:22 AM REPRESENTATIVE KELLER moved to report SSHB 227 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, SSHB 227 was reported from the House Special Committee on Fisheries. 10:51:47 AM ADJOURNMENT There being no further business before the committee, the House Special Committee on Fisheries meeting was adjourned at 10:52 a.m.

Document Name Date/Time Subjects
HB 227 F&G Fiscal Note.PDF HFSH 2/2/2010 10:15:00 AM
HB 227
HB 252 Sponsorship Statment.pdf HFSH 2/2/2010 10:15:00 AM
HB 252
HB 252 ASGA Support.PDF HFSH 2/2/2010 10:15:00 AM
HB 252
HB227-DNR-CPL-02-01-2010 Fiscal Note.pdf HFSH 2/2/2010 10:15:00 AM
HB 227
HB 227 Board of Fish Support.pdf HFSH 2/2/2010 10:15:00 AM
HB 227