Legislature(2017 - 2018)GRUENBERG 120

04/05/2018 10:00 AM FISHERIES

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Audio Topic
11:56:59 AM Start
11:58:06 AM Confirmation Hearing(s)
01:38:27 PM HB199
02:08:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 1:30 pm --
+ Confirmation Hearings: Board of Fisheries TELECONFERENCED
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 199 FISH/WILDLIFE HABITAT PROTECTION; PERMITS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         April 5, 2018                                                                                          
                           11:56 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Louise Stutes, Chair                                                                                             
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Mike Chenault                                                                                                    
Representative Mark Neuman                                                                                                      
Representative David Eastman                                                                                                    
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Geran Tarr                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Board of Fisheries (BOF)                                                                                                      
                                                                                                                                
     Al Cain - Anchorage                                                                                                        
                                                                                                                                
     Orville Huntington - Fairbanks                                                                                             
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 199                                                                                                              
"An Act establishing general fish  and wildlife permits and major                                                               
and   minor  anadromous   fish   habitat   permits  for   certain                                                               
activities; establishing  related penalties; and relating  to the                                                               
protection of fish and game and fish and game habitat."                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 199                                                                                                                  
SHORT TITLE: FISH/WILDLIFE HABITAT PROTECTION; PERMITS                                                                          
SPONSOR(s): REPRESENTATIVE(s) STUTES                                                                                            
                                                                                                                                
03/27/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/17       (H)       FSH, RES                                                                                               
04/11/17       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/11/17       (H)       -- Delayed to 4/12/17 at 6:00 PM --                                                                    
04/12/17       (H)       FSH AT 6:00 PM GRUENBERG 120                                                                           
04/12/17       (H)       -- Delayed from 4/11/17 --                                                                             
01/18/18       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
01/18/18       (H)       -- MEETING CANCELED --                                                                                 
01/23/18       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
01/23/18       (H)       Heard & Held                                                                                           
01/23/18       (H)       MINUTE(FSH)                                                                                            
04/03/18       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/03/18       (H)       Heard & Held                                                                                           
04/03/18       (H)       MINUTE(FSH)                                                                                            
04/05/18       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ALAN CAIN, Appointee                                                                                                            
Board of Fisheries (BOF)                                                                                                        
Alaska Department of Fish & Game (ADF&G)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  as appointee  to  the Board  of                                                             
Fisheries (BOF).                                                                                                                
                                                                                                                                
ORVILLE HUNTINGTON, Appointee                                                                                                   
Board of Fisheries (BOF)                                                                                                        
Alaska Department of Fish & Game                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  as appointee  to  the Board  of                                                             
Fisheries (BOF).                                                                                                                
                                                                                                                                
MATT GRUENING, Staff                                                                                                            
Representative Louise Stutes                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented changes in HB 199  from Version I                                                             
to   Version  M,   on  behalf   of  the   joint  prime   sponsor,                                                               
Representative Louise Stutes on HB 199.                                                                                         
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
11:56:59 AM                                                                                                                   
                                                                                                                                
CHAIR  LOUISE  STUTES  called  the  House  Special  Committee  on                                                             
Fisheries  meeting  to  order  at  11:56  a.m.    Representatives                                                               
Stutes, Neuman, Kreiss-Tomkins, and  Chenault were present at the                                                               
call to order.  Representative Eastman and Edgmon  arrived as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
BOARD OF FISHERIES (BOF)                                                                                                        
                                                                                                                                
                    ^CONFIRMATION HEARING(S)                                                                                
                    Board of Fisheries (BOF)                                                                                  
                                                                                                                                
11:58:06 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES announced that the  first order of business would be                                                               
Confirmation Hearings for  the Board of Fisheries.   She welcomed                                                               
Mr. Al Cain, Appointee, Board  of Fisheries (BOF) and Mr. Orville                                                               
Huntington, Appointee, Board of Fisheries (BOF).                                                                                
                                                                                                                                
11:58:38 AM                                                                                                                   
                                                                                                                                
ALAN   CAIN,  Appointee,   Board  of   Fisheries  (BOF),   Alaska                                                               
Department of Fish & Game (ADF&G),  stated that he spent 25 years                                                               
as an  Alaska Wildlife Trooper serving  in communities throughout                                                               
Alaska.   He  has  observed  most of  the  fisheries and  various                                                               
harvest methodologies.   He served as a  criminal justice planner                                                               
for the  ADF&G for approximately 10  years.  He also  worked as a                                                               
contractor helping state and federal  agencies manage and protect                                                               
fish  and  game  resources.     In  addition,  he  served  as  an                                                               
enforcement advisor  for the Board  of Fisheries (BOF).   He said                                                               
he  attended all  of  the BOF's  meetings over  a  period of  ten                                                               
years.   Two years ago, the  governor appointed him to  the Board                                                               
of Fisheries,  he said.   He  emphasized that  he has  an abiding                                                               
interest in the  health of Alaska's fisheries.   His biggest goal                                                               
would be  to have  his great-grandchildren  have an  abundance of                                                               
fish to catch  during their lifetimes, just as we  have today, he                                                               
said.                                                                                                                           
                                                                                                                                
11:59:59 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN  welcomed Mr.  Cain.   He pointed  out that                                                               
Cook Inlet  has numerous concerns over  seven or eight of  the 12                                                               
stocks in the Northern Cook  Inlet [Management Area (NCIMA)].  He                                                               
asked how the board should address these issues.                                                                                
                                                                                                                                
12:00:24 PM                                                                                                                   
                                                                                                                                
MR. CAIN  answered that there  are numerous approaches  that have                                                               
been  suggested.   He  related  that  his  job  on the  Board  of                                                               
Fisheries (BOF) was to listen  very carefully to testimony by the                                                               
ADF&G, the  various user  groups, and  take careful  actions that                                                               
try  to find  the best  solution.   He said  the BOF  has various                                                               
tools in  place.  He offered  examples of tools that  the BOF can                                                               
use and  refine, including which  corridor to use  during periods                                                               
of  time   and  carefully  considered   management  plans.     He                                                               
emphasized  the importance  of getting  enough fish  passage into                                                               
the northern  streams while allowing  the harvestable  surplus to                                                               
be taken  in an orderly manner  further down the Cook  Inlet.  He                                                               
acknowledged that  this has  been a  long-standing issue  that he                                                               
did  not think  would diminish  anytime  soon.   He related  that                                                               
invasive  species, habitat  changes, ocean  conditions and  other                                                               
factors affecting fisheries decisions.   He emphasized that board                                                               
members  must carefully  listen to  the scientists,  user groups,                                                               
and then make wise and conservative  to build up stocks.  He most                                                               
enjoyed being able to de-list a stock of concern, he said.                                                                      
                                                                                                                                
12:01:53 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES asked whether the BOF  has addressed any of the pike                                                               
issues and  the relationship of  pike [to stocks] in  the Susitna                                                               
River area.                                                                                                                     
                                                                                                                                
MR. CAIN responded yes; that  the board has taken several actions                                                               
to eradicate pike.   He said that the board  has issued orders to                                                               
kill  pike as  well as  authorizing the  ADF&G to  participate in                                                               
rotenone   [a  plant-based   piscicide]   that   has  been   very                                                               
successful.   Several projects have  been conducted on  the Kenai                                                               
Peninsula,  he  said.     The  board  has   also  encouraged  the                                                               
department to  work on  other eradication  programs.   He offered                                                               
his belief that there has  been significant progress in that area                                                               
but much  more would need  to be done  although funding can  be a                                                               
challenging.                                                                                                                    
                                                                                                                                
12:03:02 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES  asked whether  there was  a connection  between the                                                               
lack of salmon and the abundance of pike.                                                                                       
                                                                                                                                
MR. CAIN  said he was  certain that there  has been.   He offered                                                               
his belief that was  one of the factors.  He  was unsure of where                                                               
it  fell  on the  spectrum  of  significance for  reduced  salmon                                                               
populations;  however, it  certainly is  a factor  and the  issue                                                               
should be focused on by the board.                                                                                              
                                                                                                                                
12:03:35 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES  identified Shell Lake as  a place of concern.   She                                                               
said the 2016  return of salmon was scarce compared  to 68,000 in                                                               
2005.                                                                                                                           
                                                                                                                                
MR. CAIN acknowledged  that it was a critical issue  and one that                                                               
the board wants to address.                                                                                                     
                                                                                                                                
12:04:13 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN asked  if the Department of  Fish and Game                                                               
(ADF&G)  had enough  data on  the stocks  of concern  in Northern                                                               
Cook Inlet.   He further asked whether he  would support pursuing                                                               
additional data.                                                                                                                
                                                                                                                                
MR.  CAIN answered  in  his  view it  was  not  possible to  have                                                               
sufficient data; however,  the state can always do  a better job.                                                               
He  suggested that  the  board has  some pretty  good  data.   He                                                               
thought additional  studies needed  to be  done in  Northern Cook                                                               
Inlet as well as  in other parts of the state.   The genetic work                                                               
and the return sampling have  been wonderful and provide valuable                                                               
information to  the board.   Still, he would support  funding for                                                               
even better studies.                                                                                                            
                                                                                                                                
12:05:17 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN pointed  out  that  escapement was  often                                                               
focused on  stocks.  He  asked whether  the BOF's focus  would be                                                               
solely on  escapement or if  it would  be balanced on  the timing                                                               
and  availability of  fish.   He  pointed out  that  from a  user                                                               
perspective, accessibility to  fish by families was  a concern to                                                               
some of his constituents.                                                                                                       
                                                                                                                                
MR. CAIN  agreed and said that  a balanced approach was  a better                                                               
one.  He  acknowledged that timing was important.   He related he                                                               
was  familiar with  the issues  generated this  past season.   He                                                               
offered his  belief that the  board needed to  consider fisheries                                                               
statewide to  give user  groups the  best opportunity  to harvest                                                               
based  on   careful  management   to  achieve  escapement.     He                                                               
highlighted  this as  a  very difficult  balancing  act to  allow                                                               
harvest  availability  and  still  maintain  healthy  stocks  and                                                               
necessary  escapement.   He related  that  tools and  information                                                               
vary  statewide.   He suggested  that as  the information  on the                                                               
returns  in  the  Northern Cook  Inlet  Management  Area  (NCIMA)                                                               
increases, the  board can  do a  better job.   He added  that the                                                               
board must  stay clearly-focused on  it and  make it the  best it                                                               
can.                                                                                                                            
                                                                                                                                
12:07:16 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN   brought  up   the  [Upper   Cook  Inlet]                                                               
conservation  corridor, which  was  established by  the board  in                                                               
2014]  because of  issues in  the  northern district.   He  asked                                                               
whether  Mr. Cain  supported the  current salmon  management plan                                                               
and the current northern escape corridor.                                                                                       
                                                                                                                                
MR. CAIN answered that he certainly  would support the plans.  He                                                               
explained that  the conservation  corridor was  one of  the tools                                                               
the ADF&G and BOF uses  to manage fisheries and ensure escapement                                                               
in the  northern Cook Inlet.   There are  quite a few  others, he                                                               
said.   The current management  plan that contains  that corridor                                                               
as one of the tools  has been carefully considered, reviewed, and                                                               
modified numerous times.  He offered  his belief that the BOF was                                                               
at a  reasonably good place.   He supported the current  plan but                                                               
felt that refinements could be made.                                                                                            
                                                                                                                                
12:03:33 PM                                                                                                                   
                                                                                                                                
CHAIR  STUTES  stated  that  there  has  been  some  movement  to                                                               
encourage the federal government to  be involved in management of                                                               
salmon, which she  viewed as a federal overreach.   She asked for                                                               
his viewpoint  and his willingness  to steer the state  away from                                                               
that federal overreach.                                                                                                         
                                                                                                                                
MR. CAIN said  that he has been involved in  federal agencies for                                                               
nearly 40  years as a state  employee.  His observation  has been                                                               
that state employees and state  managers can do an excellent job.                                                               
He expressed concern that involving  a federal agency can be more                                                               
complex, more  difficult and can take  more time.  He  noted some                                                               
pros to federal management, but there  was a lengthy list of cons                                                               
to  federal or  co-management.   He  was  not personally  excited                                                               
about  federal  management, he  said.    He agreed  that  federal                                                               
overreach has  occurred in certain  areas.  His  clearest support                                                               
goes  to  the  state  management   officials  who  have  done  an                                                               
excellent job  over time and have  a vested interest in  this, he                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR STUTES said she was happy to hear it.                                                                                     
                                                                                                                                
12:10:39 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES opened public testimony  and after first determining                                                               
no  one  wished  to  testify,  closed  public  testimony  on  the                                                               
confirmation hearing for Mr. Al Cain.                                                                                           
                                                                                                                                
12:11:28 PM                                                                                                                   
                                                                                                                                
ORVILLE HUNTINGTON,  Appointee, Board of Fisheries  (BOF), Alaska                                                               
Department  of Fish  & Game,  stated he  grew up  in Huslia.   He                                                               
currently  works as  a  wildlife and  parks  director for  Tanana                                                               
Chiefs Conference.   He holds  a Bachelor of Science  (BS) degree                                                               
in  Wildlife  Biology.     He  related  that  he   also  holds  a                                                               
traditional  knowledge degree  acquired from  many in  his Native                                                               
community.                                                                                                                      
                                                                                                                                
MR.  HUNTINGTON said  he has  served two  years on  the Board  of                                                               
Fisheries (BOF). He  has been a subsistence  fisherman and hunter                                                               
his entire  life.  Some  of his  family members participate  in a                                                               
personal use  fishery and provide  him with fish.   He previously                                                               
held an area Y-4 commercial  fisheries permit on the Yukon River,                                                               
but  he  no  longer  holds  it.    He  said  he  understands  the                                                               
commercial  fish interests.   His  uncle served  on the  Board of                                                               
Game for about 18 years.   His father, James Huntington served on                                                               
the  Board  of  Fisheries  for  three years  and  served  in  the                                                               
legislature.                                                                                                                    
                                                                                                                                
12:12:40 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN remarked that the  book about his uncle was                                                               
fantastic.  He  said he would like to pose  the same questions as                                                               
he did  for Mr. Cain.   He pointed out  that his region  has some                                                               
concerns  about  stocks in  the  Northern  Cook Inlet  Management                                                               
Area.  He acknowledged that  the BOF has a statewide perspective.                                                               
He related  that the biggest  concern for fisheries in  the state                                                               
are the  eight stocks in  NCIMA.  He  said he often  has wondered                                                               
whether  sufficient escapement  occurred  into  these rivers  and                                                               
whether the  rivers had enough  fertilizer [from  spawned salmon]                                                               
to provide for a healthy stream.                                                                                                
                                                                                                                                
MR.  HUNTINGTON responded  agreed  that the  stocks and  concerns                                                               
were  largely  related  to  escapement.    He  related  that  one                                                               
solution  on  the  Yukon  River   required  the  groups  to  work                                                               
together, in  fact, the BOF  limited the subsistence  harvest for                                                               
two years to  let the stocks repopulate.  He  characterized it as                                                               
a  big  success  story  in  which  all  the  user  groups  worked                                                               
together.    He said  he  would  like  to  help achieve  that  in                                                               
Southeast  Alaska and  in Cook  Inlet.   He recalled  user groups                                                               
limited themselves to address fishery  issues in the Kenai River.                                                               
He summarized  that sometimes  it simply  was necessary  to limit                                                               
fisheries to let the stocks rebuild.                                                                                            
                                                                                                                                
12:15:00 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN   referred  to  the  [Upper   Cook  Inlet]                                                               
conservation corridor and asked  whether Mr. Huntington supported                                                               
maintaining the management plan to address the stock concerns.                                                                  
                                                                                                                                
MR. HUNTINGTON  answered yes,  but that it  was difficult  due to                                                               
the large numbers of users of  the stocks.  He offered his belief                                                               
that if the users could reach  an agreement to protect the stocks                                                               
it  would help.   He  further stated  that the  best plan  was in                                                               
place  and  the   BOF  always  hopes  for  more   help  from  the                                                               
legislature.   He thought  the BOF  was doing  the best  it could                                                               
with the current scenario.                                                                                                      
                                                                                                                                
REPRESENTATIVE NEUMAN  said it was  hard to achieve more  fish in                                                               
these  rivers  without  sufficient  spawning fish  and  all  user                                                               
groups  lose, whether  it was  sport, subsistence,  or commercial                                                               
fishermen.  He re-emphasized the  need for adequate escapement of                                                               
spawning fish.                                                                                                                  
                                                                                                                                
12:16:23 PM                                                                                                                   
                                                                                                                                
CHAIR  STUTES  asked  about   the  relationship  between  sockeye                                                               
escapement  and invasive  Elodia  and invasive  pike and  whether                                                               
these invasive species could be a key factor.                                                                                   
                                                                                                                                
MR. HUNTINGTON  responded he was  supportive since  invasive pike                                                               
have migrated  to Southcentral Alaska  and have  done irreparable                                                               
harm.   He recalled  Mr. Cain  previously mentioned  the projects                                                               
and efforts  to remove invasive pike  and he urged the  public to                                                               
remove as many as they could.                                                                                                   
                                                                                                                                
12:17:46 PM                                                                                                                   
                                                                                                                                
CHAIR  STUTES  hoped  that  this   was  focus  of  the  Board  of                                                               
Fisheries.    She  offered  her  belief  that  it  could  make  a                                                               
difference in  any fishery in  the NCIMA.   She also  asked about                                                               
the  potential federal  overreach of  salmon in  rivers and  salt                                                               
water.  She asked whether  he would be instrumental in protecting                                                               
Alaska against federal overreach.                                                                                               
                                                                                                                                
MR.  HUNTINGTON  answered absolutely.    He  said his  uncle  and                                                               
father both  felt that federal  management in oceans  could occur                                                               
but not  in Alaska's  rivers and  streams.   The state  has every                                                               
right to manage  its fisheries and it has been  doing a good job,                                                               
he said.                                                                                                                        
                                                                                                                                
12:18:50 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN asked if the  ADF&G has sufficient data on                                                               
the stocks of concern in  the Northern Cook Inlet Management Area                                                               
(NCIMA)] or whether the state needs additional data.                                                                            
                                                                                                                                
MR.  HUNTINGTON advocated  for  always  needing additional  data.                                                               
The  scientists  usually  never   provide  enough  data  to  make                                                               
informed  decisions, he  said.   He  acknowledged  that it  costs                                                               
money to obtain  data and the state needed  additional funding to                                                               
provide it.                                                                                                                     
                                                                                                                                
12:19:28 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if  Mr. Huntington was  to continue                                                               
to  serve on  the Board  of  Fisheries, how  he would  personally                                                               
weight the balance between the  goal of escapement and access for                                                               
user groups throughout  the season.  He said  he has constituents                                                               
who can  only make  it to the  river once or  twice a  summer and                                                               
they are  adversely impacted  if closures  on the  river coincide                                                               
with their  fishing time.   It does not  help them to  learn that                                                               
there was adequate escapement later on in the season.                                                                           
                                                                                                                                
MR. HUNTINGTON  responded that  balance needed to  be added.   He                                                               
stated  his  personal  preference  was  to  have  people  fishing                                                               
whenever possible.   He acknowledged  it was  difficult, relating                                                               
the  fishing on  the  Yukon River  currently  functions well  but                                                               
reviewing the  data he can see  it will not last.   He reiterated                                                               
that fishermen  have every right to  fish in Alaska, yet  he also                                                               
wants salmon fisheries to be there for his grandchildren.                                                                       
                                                                                                                                
12:20:52 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN recalled a  BOF fish member complained once                                                               
that the  BOF does  not always  obtain sufficient  research data,                                                               
although he  acknowledged that the ADF&G  did its best.   He said                                                               
he  has been  working on  intent  language that  would allow  the                                                               
board to develop the methodology  for research into crab or other                                                               
fisheries.  The  methodology would give the  board an opportunity                                                               
to  identify  research  based  on  the scope  and  goals  of  the                                                               
project,  which would  ultimately result  in a  recommendation to                                                               
the legislature.  He asked whether he supported this concept.                                                                   
                                                                                                                                
MR. HUNTINGTON answered that the BOF  members have a lot to offer                                                               
and  should  be able  to  use  the  expertise.   He  agreed  that                                                               
scientists  cannot always  predict the  information that  will be                                                               
needed ten years from now.                                                                                                      
                                                                                                                                
12:22:32 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES  asked whether he  thought board members who  have a                                                               
conflict-of-interest  should be  allowed  to  participate in  the                                                               
discussions but not be allowed to vote.                                                                                         
                                                                                                                                
MR. HUNTINGTON  agreed.   He offered his  belief that  each board                                                               
member brings  expertise to  the discussions  that he  finds very                                                               
valuable.   He explained that  the BOF makes its  decisions based                                                               
on the  best science,  information from  fishermen's experiences,                                                               
and board member  expertise.  In closing, he said  it has been an                                                               
honor to serve  and he hoped for the opportunity  to serve on the                                                               
BOF for three more years.                                                                                                       
                                                                                                                                
12:23:39 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES opened public testimony  and after first determining                                                               
no  one  wished  to  testify,  closed  public  testimony  on  the                                                               
confirmation hearing for Mr. Orville Huntington.                                                                                
                                                                                                                                
12:24:01 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  thanked  both members  for  their                                                               
service on the board.                                                                                                           
                                                                                                                                
12:24:43 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES  stated the committee's gratitude  for their service                                                               
and  willingness to  serve.   She offered  her belief  that their                                                               
service  was valuable  to the  people  and the  fisheries of  the                                                               
state.                                                                                                                          
                                                                                                                                
12:24:46 PM                                                                                                                   
                                                                                                                                
CHAIR  STUTES   stated  that  the  House   Special  Committee  on                                                               
Fisheries  has  reviewed  the qualifications  of  the  governor's                                                               
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
CHAIR STUTES reminded members that  signing the reports regarding                                                               
appointments  to  boards  and  commissions  in  no  way  reflects                                                               
individual members'  approval or  disapproval of  the appointees,                                                               
and  that  the  nominations  are merely  forwarded  to  the  full                                                               
legislature for confirmation or rejection.                                                                                      
                                                                                                                                
CHAIR STUTES  moved to advance  the confirmations of Al  Cain and                                                               
Orville Huntington,  appointees to the  Board of Fisheries,  to a                                                               
joint session of  the House and Senate for  consideration.  There                                                               
being no objection, the confirmations were advanced.                                                                            
                                                                                                                                
12:25:54 PM                                                                                                                   
                                                                                                                                
The House Special Committee on  Fisheries recessed to the call of                                                               
the chair.                                                                                                                      
                                                                                                                                
1:37:56 PM                                                                                                                    
                                                                                                                                
CHAIR  STUTES called  the House  Special  Committee on  Fisheries                                                               
meeting back to order  at 1:37 p.m.  Present at  the call back to                                                               
order  were Representatives  Stutes, Kreiss-Tomkins,  Neuman, and                                                               
Chenault.   Representatives  Eastman  and Edgmon  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
        HB 199-FISH/WILDLIFE HABITAT PROTECTION; PERMITS                                                                    
                                                                                                                                
1:38:27 PM                                                                                                                    
                                                                                                                                
CHAIR STUTES announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  199,  "An Act  establishing  general  fish  and                                                               
wildlife  permits and  major and  minor  anadromous fish  habitat                                                               
permits for  certain activities; establishing  related penalties;                                                               
and relating  to the  protection of  fish and  game and  fish and                                                               
game habitat."                                                                                                                  
                                                                                                                                
1:39:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT moved  to adopt  the proposed  committee                                                               
substitute  (CS)  for  HB   199,  Version  30-LS0438\M,  Bullard,                                                               
4/2/18,  as  a working  document.    There being  no  objections,                                                             
Version M was before the committee.                                                                                             
                                                                                                                                
1:40:02 PM                                                                                                                    
                                                                                                                                
MATT GRUENING, Staff, Representative  Louise Stutes, Alaska State                                                               
Legislature, stated he would be  using a document titled, "HB 199                                                               
Explanation of  Changes Version I  to M."  He  directed attention                                                               
to the changes  in subsection (f) on page 8,  lines 6 through 13,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Added  language  to  clarify that  30  days  of  public                                                                    
     comment  is  required for  the  issuance  of a  general                                                                    
     minor  permit, but  not for  amending  or rescinding  a                                                                    
     general minor permit. For  amending or rescinding, only                                                                    
     public  notification is  required. As  has always  been                                                                    
     the  case,  the  minor   permit  only  requires  public                                                                    
     notification but  not 30 days  of public  comment. This                                                                    
     change was made  so that the commissioner  can amend or                                                                    
     rescind a  general permit  immediately without  30 days                                                                    
     of public comment  if it is determined  that the permit                                                                    
     does not  protect anadromous  fish and  anadromous fish                                                                    
     habitat.                                                                                                                   
                                                                                                                                
MR.  GRUENING commented  on  the changes  in  subsection (f),  by                                                               
reminding  members that  a general  permit is  one that  would be                                                               
issued  for  ATV  stream  crossings   and  represents  a  blanket                                                               
authorization.   It did not make  sense to wait 30  days to amend                                                               
or  rescind permits  for ATV  stream crossings  if the  ATVs were                                                               
causing irreparable harm.                                                                                                       
                                                                                                                                
1:42:02 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to  the next change  in subsection  (d) on                                                               
page 10, lines  7-10 of the document titled,  "HB 199 Explanation                                                               
of  Changes Version  I to  M,"  which read  as follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Following "AS  16.05.887." inserted "The bond  shall be                                                                    
     the amount determined necessary  by the commissioner to                                                                    
     ensure restoration  of anadromous  fish habitat  if the                                                                    
     applicant  does  not  meet the  permit  conditions  and                                                                    
     mitigation measures  imposed on  the activity  under AS                                                                    
     16.05.887." This  is a clarification that  conforms the                                                                    
     language  in (d)  to  the language  (a)(5)  on page  8,                                                                    
     which is the  first reference to the bond.  The bond is                                                                    
     for   the  restoration   of  habitat   if  the   permit                                                                    
     conditions  and mitigation  measures  are not  complied                                                                    
     with  and   not  the  to   ensure  the   completion  of                                                                    
     mitigation  measures. This  conforming change  was made                                                                    
     throughout  the bill.  In the  previous version  I, the                                                                    
     first  reference  to  the  bond  in  (a)(5)  accurately                                                                    
     stated its purpose. However, subsequent references on                                                                      
     Page  11, lines  20 through  21  and Page  11, line  27                                                                    
     incorrectly  identified  the  bond  as  being  for  the                                                                    
     completion  of mitigation  measures.  As identified  in                                                                    
     (a)(5), the  bond was always meant  for the restoration                                                                    
     of  habitat if  the permit  conditions and  mitigations                                                                    
     measures are not complied with.                                                                                            
                                                                                                                                
1:43:37 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to the  next change in subsection  (g), on                                                               
page  11,  lines 18  and  19  of  the  document titled,  "HB  199                                                               
Explanation of  Changes Version  I to M,"  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Following "activity" inserted  "and determines that the                                                                    
     activity requires  a bond," This change  clarifies that                                                                    
     the  commissioner  can determine  that  a  bond is  not                                                                    
     necessary  for a  certain activity.  Although this  was                                                                    
     possible in  the previous  version if  the commissioner                                                                    
     determined that  the amount  of the  bond was  $0, this                                                                    
     language   is  more   concise   and  avoids   potential                                                                    
     confusion  regarding   interpreting  the   statute.  An                                                                    
     interested  person   can  request   reconsideration  of                                                                    
     whether a bond is required or not.                                                                                         
                                                                                                                                
MR.  GRUENING  commented  that  the  changes  in  subsection  (g)                                                               
somewhat answered  Representative Tarr's  question at  a previous                                                               
hearing.   This language  was more precise,  he added,  noting it                                                               
was a cleaner way than to require a bond and set it at "$0."                                                                    
                                                                                                                                
1:44:30 PM                                                                                                                    
                                                                                                                                
MR.  GRUENING   referred  to  the   next  change   in  subsection                                                               
(a)(3)(B), on page  13, line 26, in the document  titled, "HB 199                                                               
Explanation of  Changes Version  I to M,"  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     In  the previous  version, only  the  reduction or  the                                                                    
     elimination  of a  bond could  be  challenged, and  one                                                                    
     could not  request reconsideration  of the  increase of                                                                    
     the amount. This was an oversight and was corrected.                                                                       
                                                                                                                                
MR. GRUENING said  that this would allow an avenue  for those who                                                               
believe the bond  is set too high; in all  fairness for everyone.                                                               
He said that concludes the changes in the bill.                                                                                 
                                                                                                                                
1:44:53 PM                                                                                                                    
                                                                                                                                
CHAIR  STUTES asked  Mr. Gruening  to provide  a brief  sectional                                                               
analysis for HB 199, Version M.                                                                                                 
                                                                                                                                
1:45:04 PM                                                                                                                    
                                                                                                                                
MR.  GRUENING agreed  to  do  so, explaining  that  he would  not                                                               
review changes previously  covered in the "HB  199 Explanation of                                                               
Changes Version  I to M."   He then  skipped over Sections  1, 2,                                                               
and 3, which were previously discussed in a prior committee                                                                     
meeting.                                                                                                                        
                                                                                                                                
MR. GRUENING referred to Section 4, on page 3, lines 19-28 of                                                                   
the document titled, "HB 199 Sectional Analysis version M,"                                                                     
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Subsection  (a)  specifies  that  the  commissioner  of                                                                    
     ADF&G  must identify  all or  portions  of each  river,                                                                    
     lake, stream,  or wetlands, and the  lands beneath that                                                                    
     are anadromous  fish habitat.  Under current  law, each                                                                    
     anadromous  waterbody must  be field  sampled and  then                                                                    
     nominated  to  be  included in  the  Anadromous  Waters                                                                    
     Catalogue (AWC). This maintains that requirement.                                                                          
                                                                                                                                
     Subsection (b) defines:                                                                                                    
                                                                                                                                
          (1)  anadromous  fish  habitat   to  mean  all  or                                                                    
          portions  of a  permanent  or intermittent  river,                                                                    
          lake, stream,  or wetland,  and the  lands beneath                                                                    
          that   contribute   directly  to   the   spawning,                                                                    
          rearing,    migration,    or   overwintering    of                                                                    
          anadromous fish.                                                                                                      
                                                                                                                                
          (2) a  "river", "stream", or "wetland"  to include                                                                    
          the  foreshore portion  of the  river, stream,  or                                                                    
          wetland above the mean low tide line.                                                                                 
                                                                                                                                
1:46:41 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to Section 5,  on page 3, line  29 through                                                               
page  6,  line  4  of  the document  titled,  "HB  199  Sectional                                                               
Analysis version M," which read  as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Sec. 16.05.875. Anadromous fish habitat permit.                                                                            
                                                                                                                                
     Subsection (a) creates the  requirement that, except in                                                                    
     an  emergency  or  as authorized  by  a  general  minor                                                                    
     permit,  an  anadromous  fish habitat  permit  must  be                                                                    
     obtained  before constructing  a  hydraulic project  or                                                                    
     using  wheeled,  tracked, excavating,  or  log-dragging                                                                    
     equipment, or  before conducting  an activity  that has                                                                    
     the  potential to  use, divert,  obstruct, pollute,  or                                                                    
     change  the  natural flow  or  bed  of a  river,  lake,                                                                    
     stream,  or wetland  that is  identified as  anadromous                                                                    
     fish  habitat. This  maintains the  wording in  current                                                                    
     statute regarding  the types  of activities  that would                                                                    
     be required to be permitted.                                                                                               
                                                                                                                                
     Subsection  (b) requires  an applicant  to complete  an                                                                    
     application and provide  all necessary information that                                                                    
     ADF&G   deems   necessary   to  assess   the   proposed                                                                    
     activity's effects on anadromous fish habitat.                                                                             
                                                                                                                                
     Subsection (c)  requires the  commissioner to  review a                                                                    
     completed application accompanied  by the required fees                                                                    
     and make a determination  about the proposed activity's                                                                    
     effects   on  anadromous   fish  and   anadromous  fish                                                                    
     habitat.  It  also  specifies   that  before  making  a                                                                    
     determination,  the  commissioner  may  work  with  the                                                                    
     applicant  to plan  the activity  to avoid  or minimize                                                                    
     the potential effects.                                                                                                     
                                                                                                                                
     Subsection   (d)    establishes   the    minor   permit                                                                    
     classification   for   applications   that   will   not                                                                    
     adversely  affect anadromous  fish and  anadromous fish                                                                    
     habitat.                                                                                                                   
                                                                                                                                
     Subsection   (e)    establishes   the    major   permit                                                                    
     classification   for   applications   that   have   the                                                                    
     potential  to  adversely  affect  anadromous  fish  and                                                                    
     anadromous fish habitat.                                                                                                   
                                                                                                                                
     Subsection   (f)  requires   public   notice  for   the                                                                    
     commissioner's  determination   for  classification  of                                                                    
     major and minor permits.                                                                                                   
                                                                                                                                
     Subsection  (g)   clarifies  that  the   definition  of                                                                    
     "anadromous  fish  habitat"   is  consistent  with  the                                                                    
     meaning provided throughout the chapter.                                                                                   
                                                                                                                                
1:48:37 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  turned to  page 3  of the  sectional analysis.   He                                                               
referred  to page  5, line  12 of  the document  titled, "HB  199                                                               
Sectional Analysis  version M,"  which read as  follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Sec.  16.05.877. Consideration  of effects  of activity                                                                    
     on anadromous fish and anadromous fish habitat.                                                                            
                                                                                                                                
     While  most permit  applications  can  be processed  as                                                                    
     minor  permits, this  section identifies  criteria used                                                                    
     to determine if an activity  has the potential to cause                                                                    
     adverse effects on anadromous  fish and anadromous fish                                                                    
     habitat.  If  the   commissioner  determines  that  the                                                                    
     potential exists, the application  will be processed as                                                                    
     a major permit.                                                                                                            
                                                                                                                                
     Subsection   (a)  sets   out   the   factors  for   the                                                                    
     commissioner  to  consider  in  determining  whether  a                                                                    
     proposed activity  has the  potential to  cause adverse                                                                    
     effects   on  anadromous   fish  and   anadromous  fish                                                                    
     habitat.                                                                                                                   
                                                                                                                                
     Subsection  (b)   clarifies  that  the   definition  of                                                                    
     "anadromous  fish  habitat"   is  consistent  with  the                                                                    
     meaning provided throughout the chapter.                                                                                   
                                                                                                                                
1:49:09 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred  to Section 6, on page 6,  line 5-23 of the                                                               
document  titled, "HB  199 Sectional  Analysis version  M," which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Sec.    16.05.881.   Construction    without   approval                                                                    
     prohibited.                                                                                                                
                                                                                                                                
     This section  is amended to  make reference to  the new                                                                    
     two-tiered   permitting    scheme   and    retain   the                                                                    
     requirement that  a person or government  entity can be                                                                    
     found  guilty of  a misdemeanor  for failing  to comply                                                                    
     with this chapter.                                                                                                         
                                                                                                                                
MR. GRUENING characterized this  as minor wordsmithing to conform                                                               
to the  bill and  make changes  in the bill  with respect  to the                                                               
two-tier permitting system.                                                                                                     
                                                                                                                                
1:49:25 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to Section  7 on  page 6, line  24 through                                                               
page  14, line  10, of  the  document titled,  "HB 199  Sectional                                                               
Analysis version M," which read  as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Sec. 16.05.883. Minor anadromous fish habitat permits.                                                                     
                                                                                                                                
     Subsection    (a)   establishes    the   commissioner's                                                                    
     authority  to issue  a minor  permit. The  commissioner                                                                    
     must  give public  notice of  the decision  to issue  a                                                                    
     minor permit. The minor permit  must include any permit                                                                    
     conditions   and  mitigation   measures  necessary   to                                                                    
     protect anadromous fish and anadromous fish habitat.                                                                       
                                                                                                                                
     Subsection  (b) establishes  the general  minor permit.                                                                    
     This allows the issuance of  a blanket permit for minor                                                                    
     activities on a regional  or geographical basis without                                                                    
     an application  by a determination by  the commissioner                                                                    
     for activities that will  not cause significant adverse                                                                    
     effects   on  anadromous   fish   habitat  if   certain                                                                    
     conditions  are met.  This  provision  allows ADF&G  to                                                                    
     issue blanket permits for  similar activities. E.g. ATV                                                                    
     stream   crossings.  (1),   (2),  and   (3),  set   the                                                                    
     conditions  that must  be  met for  the  issuance of  a                                                                    
     general permit.                                                                                                            
                                                                                                                                
     Subsection  (c) specifies  that  when the  commissioner                                                                    
     makes a determination to issue  a general minor permit,                                                                    
     they  must provide  notice,  a  public comment  period,                                                                    
     and,  if requested,  hold one  public hearing.  It also                                                                    
     stipulates  that the  general permits  must be  renewed                                                                    
     every 5 years.                                                                                                             
                                                                                                                                
1:50:17 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  stated that  there was  a little  confusion on                                                                    
whether  all permits  would need  to be  renewed every  five                                                                    
years.  This renewal referred  to a general minor permit, he                                                                    
said.   He  continued  reviewing Section  7,  which read  as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Subsection  (d)  clarifies  that the  commissioner  may                                                                    
     issue a  regional or  geographical authorization  for a                                                                    
     general  permit  or  may require  a  person  to  obtain                                                                    
     written authorization.  The department must  approve or                                                                    
     deny  the  request within  5  days.  It further  allows                                                                    
     general    permit   authorizations    to   be    issued                                                                    
     electronically.  It  clarifies   that,  if  applicable,                                                                    
     authorizations  for  general   permits  shall  set  out                                                                    
     conditions  and stipulations  to avoid  adverse effects                                                                    
     to anadromous fish and anadromous fish habitat.                                                                            
                                                                                                                                
     Subsection  (e)  gives  the commissioner  authority  to                                                                    
     modify or rescind a general  permit if the commissioner                                                                    
     determines  that the  general permit  does not  protect                                                                    
     anadromous  fish  and  anadromous fish  habitat.  If  a                                                                    
     general   permit   is    amended   or   rescinded   the                                                                    
     commissioner must  provide public  notice. (1)  and (2)                                                                    
     provide  additional  details   for  public  notice  for                                                                    
     general permitting.                                                                                                        
                                                                                                                                
     Subsection  (f)   stipulates  the  public   notice  and                                                                    
     comment  requirements  for   issuing  a  general  minor                                                                    
     permit.                                                                                                                    
                                                                                                                                
     Subsection  (g)   clarifies  that  the   definition  of                                                                    
     "anadromous  fish  habitat"   is  consistent  with  the                                                                    
     meaning provided throughout the chapter.                                                                                   
                                                                                                                                
1:51:33 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to page 8, line 16 of the document titled,                                                                
"HB 199 Sectional Analysis version M," which read as follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 16.05.885 establishes  the requirements for the                                                                    
     major permit  process. The  major permit  process under                                                                    
     Sec. 16.05.885  provides for more scrutiny  of proposed                                                                    
     activities  that have  the potential  to cause  adverse                                                                    
     effects   on  anadromous   fish  and   anadromous  fish                                                                    
     habitat.  It requires  the  commissioner  to prepare  a                                                                    
     fish  habitat   permit  assessment  that   details  the                                                                    
     activity, the potential  effects, possible alternatives                                                                    
     or modification  to the  activity, the  proposed permit                                                                    
     conditions,  the amount  of bonding  needed to  restore                                                                    
     habitat if  the permit  conditions and  mitigations are                                                                    
     not complied  with, and if a  permit may or may  not be                                                                    
     issued based  on whether  the plans  and specifications                                                                    
     are   sufficient  to   protect   anadromous  fish   and                                                                    
     anadromous  fish  habitat.   This  process  allows  the                                                                    
     commissioner to gather the kind  of information, at the                                                                    
     applicant's expense, that can  help inform the types of                                                                    
     mitigation requirements and  permit conditions that are                                                                    
     necessary  to protect  fish habitat.  Most notably,  it                                                                    
     also  provides  opportunities  for  public  involvement                                                                    
     through  notice  and a  public  comment  period on  the                                                                    
     draft assessment. The current  law does not provide for                                                                    
     any public notice or opportunity  to participate in the                                                                    
     process.                                                                                                                   
                                                                                                                                
1:52:43 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to subsection (a) of the document titled,                                                                 
"HB 199 Sectional Analysis version M," which read as follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     Subsection (a)  requires the commissioner to  prepare a                                                                    
     draft  anadromous fish  habitat  permit assessment  and                                                                    
     identifies  the information  that must  be included  in                                                                    
     the  assessment  to  help  inform  the  decision-making                                                                    
     process.  Of note  is (6)(A)  and (6)(B)  which contain                                                                    
     the commissioner's initial  determination that a permit                                                                    
     may or  not be issued  based on whether  the activity's                                                                    
     adverse effects can be prevented  or if the effects can                                                                    
     be  minimized  to  the   extent  necessary  to  protect                                                                    
     anadromous  fish  and   anadromous  fish  habitat,  the                                                                    
     affected  habitat   can  be  restored  to   the  extent                                                                    
     necessary  to protect  anadromous  fish and  anadromous                                                                    
     fish habitat,  or the  effects of  the activity  can be                                                                    
     otherwise mitigated to the  extent necessary to protect                                                                    
     anadromous fish and anadromous fish habitat.                                                                               
                                                                                                                                
1:53:13 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to subsection (b) of the document titled,                                                                 
"HB 199 Sectional Analysis version M," which read as follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     Subsection  (b) specifies  that the  commissioner shall                                                                    
     collect  or  shall  require the  applicant  to  collect                                                                    
     information  to determine  whether a  proposed activity                                                                    
     should  be permitted  under  this  section. It  further                                                                    
     allows  the  costs  of  preparing  the  assessment  and                                                                    
     collecting   the    information   requested    by   the                                                                    
     commissioner to be shifted to the applicant.                                                                               
                                                                                                                                
     Subsection  (c)  provides  for  public  notice  and  an                                                                    
     opportunity  for the  public  to comment  on the  draft                                                                    
     assessment.                                                                                                                
                                                                                                                                
1:53:37 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to page 10, line 2, of the document                                                                       
titled, "HB 199 Sectional Analysis version M," which read as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Subsection  (d) requires  the  commissioner to  provide                                                                    
     public notice of  and publish a final  assessment and a                                                                    
     written  permit  determination after  reviewing  public                                                                    
     comments. The final assessment  and permit must include                                                                    
     all  permit conditions,  required mitigation  measures,                                                                    
     and imposed bonding.                                                                                                       
                                                                                                                                
1:54:00 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to subsection (e), of the document titled,                                                                
"HB 199 Sectional Analysis version M," which read as follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     Subsection    (e)   imposes    conditions   that    the                                                                    
     commissioner must  meet, and  an applicant  must comply                                                                    
     with, before  issuing a  permit. The  commissioner must                                                                    
     find in a written  determination that public notice was                                                                    
     provided,   the   permit  conditions   and   mitigation                                                                    
     measures are  mandatory and  enforceable, and  that the                                                                    
     activity  shall  be  permitted because  the  activity's                                                                    
     adverse effects can be prevented  or the effects can be                                                                    
     minimized   to   the   extent  necessary   to   protect                                                                    
     anadromous  fish  and   anadromous  fish  habitat,  the                                                                    
     affected  habitat   can  be  restored  to   the  extent                                                                    
     necessary  to protect  anadromous  fish and  anadromous                                                                    
     fish habitat,  or the  effects of  the activity  can be                                                                    
     otherwise mitigated to the  extent necessary to protect                                                                    
     anadromous  fish   and  anadromous  fish   habitat.  To                                                                    
     receive a permit, the applicant  must accept all permit                                                                    
     conditions and  mitigation measures and provide  a bond                                                                    
     to  cover  the restoration  of  habitat  if the  permit                                                                    
     conditions  and mitigation  measures  are not  complied                                                                    
     with; additionally,  a permit may  only be issued  if a                                                                    
     request for reconsideration was not timely received.                                                                       
                                                                                                                                
MR. GRUENING said this would happen if the commissioner                                                                         
determined that a bond was required, which is challengeable.                                                                    
                                                                                                                                
1:55:03 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to subsection (f), of the document titled,                                                                
"HB 199 Sectional Analysis version M," which read as follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     Subsection  (f)   specifies  that  if  a   request  for                                                                    
     reconsideration of the  commissioner's final assessment                                                                    
     and written  determination is timely received,  a major                                                                    
     permit  shall be  issued when  the commissioner  denies                                                                    
     the  request  for  reconsideration   or  issues  a  new                                                                    
     determination  and the  requirements in  (e) have  been                                                                    
     met.                                                                                                                       
                                                                                                                                
1:55:31 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to  subsections (g) (h)  and (j),  on page                                                               
11, line 18,  of the document titled, "HB  199 Sectional Analysis                                                               
version  M,"   which  read   as  follows   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Subsection (g)  describes the bond requirements  to pay                                                                    
     for  the  restoration  of anadromous  habitat.  If  the                                                                    
     commissioner  determines  that   a  bond  is  required,                                                                    
     applicants must  provide a performance  bond sufficient                                                                    
     to cover the cost  of restoring anadromous fish habitat                                                                    
     if permit  conditions and  mitigation measures  are not                                                                    
     complied with.  The bond must  be a secured  bond. This                                                                    
     section  further  allows  the  commissioner  to  raise,                                                                    
     lower, or eliminate the bond  if conditions change, but                                                                    
     they  must provide  public notice  of  the change.  Any                                                                    
     changes  to  the bond  are  subject  to a  request  for                                                                    
     reconsideration.                                                                                                           
                                                                                                                                
     Subsection (h)  exempts governmental agencies  from the                                                                    
     bonding  requirements   of  the  section,   allows  the                                                                    
     department to receive the  bond from another government                                                                    
     agency, and  clarifies that the bond  may initiated and                                                                    
     held by the department or by another state agency.                                                                         
                                                                                                                                
     Subsection   (i)   requires   the   approval   of   the                                                                    
     commissioner and, if required,  a new performance bond,                                                                    
     before a permit can be transferred or assigned.                                                                            
                                                                                                                                
     Subsection  (j)   clarifies  that  the   definition  of                                                                    
     "anadromous  fish  habitat"   is  consistent  with  the                                                                    
     meaning provided throughout the chapter.                                                                                   
                                                                                                                                
1:56:09 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred Section 16.05.887 on page 12, line 19, of                                                                 
the document titled, "HB 199 Sectional Analysis version M,"                                                                     
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Section  16.05.887  sets  forth  the  requirements  for                                                                    
     permit conditions  and mitigation measures  for permits                                                                    
     issued under  this chapter. When issuing  a permit, the                                                                    
     commissioner must  prevent or minimize  adverse effects                                                                    
     on  anadromous fish  and anadromous  fish habitat.  The                                                                    
     commissioner  must  establish,  in order  of  priority,                                                                    
     permit stipulations and  mitigation measures that first                                                                    
     avoid adverse  effects through siting, timing  or other                                                                    
     project  design  stipulations.  If  effects  cannot  be                                                                    
     avoided, impacts  of the activity must  be minimized by                                                                    
     limiting     the    degree,     magnitude,    duration,                                                                    
     implementation,  or   other  design   stipulations.  If                                                                    
     effects  cannot  be   avoided,  the  commissioner  must                                                                    
     require that impacted fish habitat  is restored or that                                                                    
     other  appropriate mitigation  measures  be taken  that                                                                    
     are determined  to be  necessary to  protect anadromous                                                                    
     fish and anadromous fish habitat.                                                                                          
                                                                                                                                
1:56:55 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to subsection (a) and (b), of the document                                                                
titled, "HB 199 Sectional Analysis version M," which read as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Subsection (a) requires  that activities be implemented                                                                    
     in a  manner most likely  to avoid or  minimize adverse                                                                    
     effects on anadromous fish  and anadromous fish habitat                                                                    
     and that  the commissioner has determined  will protect                                                                    
     anadromous fish and anadromous fish habitat.                                                                               
                                                                                                                                
     Subsection   (b)   requires  the   commissioner,   when                                                                    
     developing  a permit,  to first  try  to avoid  adverse                                                                    
     effects  by  working  with  the  applicant  on  project                                                                    
     design  and  by  imposing   siting,  timing  and  other                                                                    
     stipulations  and conditions.  If  adverse effects  are                                                                    
     not  avoidable,  the  commissioner  must  minimize  the                                                                    
     adverse  effects  of  the   activity  by  limiting  the                                                                    
     degree, magnitude,  duration, implementation,  or other                                                                    
     design  stipulations. And  finally, if  adverse effects                                                                    
     do occur,  the commissioner  must restore  the impacted                                                                    
     fish  habitat  or  take  other  appropriate  mitigation                                                                    
     measures that are necessary  to protect anadromous fish                                                                    
     and anadromous fish habitat.                                                                                               
                                                                                                                                
1:57:31 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to subsection (c) and (d), of the document                                                                
titled, "HB 199 Sectional Analysis version M," which read as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Subsection  (c)  provides  that  the  department  shall                                                                    
     adopt  regulations establishing  permit conditions  and                                                                    
     mitigation  measures applicable  to activities  subject                                                                    
     to permitting requirements.                                                                                                
                                                                                                                                
     Subsection  (d)   clarifies  that  the   definition  of                                                                    
     "anadromous  fish  habitat"   is  consistent  with  the                                                                    
     meaning provided throughout the chapter.                                                                                   
                                                                                                                                
1:57:47 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to page 13, line 17 of the document                                                                       
titled, "HB 199 Sectional Analysis version M," which read as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Section 16.05.889 sets  forth the administrative review                                                                    
     and  appeal procedures  for decisions  made under  this                                                                    
     chapter.                                                                                                                   
                                                                                                                                
     Subsection (a)  allows an interested person  to request                                                                    
     a  reconsideration of  a  determination  to classify  a                                                                    
     permit as  a minor or  major, a final  determination to                                                                    
     issue  or refuse  to issue  a  permit, as  well as  the                                                                    
     amount of  the bond  or a  reduction, increase,  or the                                                                    
     elimination of the bond requirement.                                                                                       
                                                                                                                                
     Subsection  (b) sets  a 30-day  time  limit to  request                                                                    
     reconsideration of  decisions made under  this chapter.                                                                    
     The request must be in writing.                                                                                            
                                                                                                                                
     Subsection (c) requires the  commissioner to respond to                                                                    
     a  request  for  reconsideration within  30  days.  The                                                                    
     request   is  deemed   denied  in   30   days  if   the                                                                    
     commissioner does  not act. If the  commissioner grants                                                                    
     the request  for reconsideration, the  commissioner has                                                                    
     an additional 30 days to make a final determination.                                                                       
                                                                                                                                
     Subsection  (d)  establishes  that  the  commissioner's                                                                    
     determination  on  reconsideration  is a  final  agency                                                                    
     action  under  the   Administrative  Procedure  Act.  A                                                                    
     person  may  appeal  the  final  determination  to  the                                                                    
     superior court within  30 days and may  only appeal the                                                                    
     points raised in the request for reconsideration.                                                                          
                                                                                                                                
MR. GRUENING  said he  thought this section  had been  covered at                                                               
the last meeting.  The basic  idea was that instead of being able                                                               
to challenge  all the  determinations at  any point,  the statute                                                               
would  limit when  the challenges  could  be made,  but it  still                                                               
maintains   those  avenues   for  challenges.     He   said  this                                                               
streamlines the process.                                                                                                        
                                                                                                                                
MR. GRUENING  referred to Section 8  on page 14, lines  11-17, of                                                               
the  document  titled, "HB  199  Sectional  Analysis version  M,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Sec. 16.05.891. Exemption for emergency situations.                                                                        
                                                                                                                                
     Section 16.05.891 adds "state  agency" to the exemption                                                                    
     for  emergency  arising  from weather  or  stream  flow                                                                    
     conditions. It  also contains a conforming  language to                                                                    
     reflect the new provisions in this chapter.                                                                                
                                                                                                                                
MR.  GRUENING   added  that  currently  the   bill  provided  the                                                               
"riparian owner"  has the ability  under emergency  situations to                                                               
make changes  to a river bank  without a permit.   The Department                                                               
of Transportation  & Public  Facilities pointed  out that  it was                                                               
important to add "state agency" to the exemption.                                                                               
                                                                                                                                
1:59:03 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to Section 9  on page 14, line  18 through                                                               
page  16, line  2,  of  the document  titled,  "HB 199  Sectional                                                               
Analysis version M," which read  as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section  16.06.893.  Fees.  This  section  directs  the                                                                    
     commissioner to  charge reasonable fees to  process and                                                                    
     administer  the fish  habitat  permits. Subsection  (a)                                                                    
     establishes the  authority for the commissioner  to set                                                                    
     fees.                                                                                                                      
                                                                                                                                
     Subsection  (b)   allows  the  commissioner   to  adopt                                                                    
     regulations  governing fee  waivers when  it is  in the                                                                    
     public interest.                                                                                                           
                                                                                                                                
     Subsection  (c)  requires  the  fees  collected  to  be                                                                    
     separately accounted for.                                                                                                  
                                                                                                                                
     Sec.  16.05.894.  Notification   of  Violation  Section                                                                    
     16.05.894 requires  the commissioner to  provide notice                                                                    
     to  a permittee  for  permit violations  and order  the                                                                    
     violation  to  be stopped.  If  a  violation cannot  be                                                                    
     stopped,  the commissioner  is  required  to order  the                                                                    
     permittee  to prevent  or mitigate  adverse effects  of                                                                    
     the violation on fish habitat.                                                                                             
                                                                                                                                
MR.  GRUENING clarified  that the  department currently  does not                                                               
charge  any  fees  for  fish   habitat  permits.    He  noted  in                                                               
subsection (b)  that the  commissioner can also  waive a  fee for                                                               
another government agency.                                                                                                      
                                                                                                                                
2:00:05 PM                                                                                                                    
                                                                                                                                
MR.  GRUENING referred  to  page  15, line  10,  of the  document                                                               
titled,  "HB 199  Sectional Analysis  version M,"  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Section 16.05.897 specifies  that an existing facility,                                                                    
     activity, operation, or project  that has in full force                                                                    
     and effect all authorizations  required by law relating                                                                    
     to  the protection  of anadromous  fish and  anadromous                                                                    
     fish  habitat on  the effective  day of  this act  will                                                                    
     remain under  the permitting regime  as it  existed the                                                                    
     day  before the  effective day  of this  act, including                                                                    
     renewals and minor  authorizations in perpetuity, until                                                                    
     that   existing  facility,   activity,  operation,   or                                                                    
     project  significantly expands  or increases  in scope,                                                                    
     area, or  frequency, or otherwise takes  action outside                                                                    
     of, those  actions for which  it was authorized  on the                                                                    
     day before the effective date of sec. 3 of this Act.                                                                       
                                                                                                                                
2:01:05 PM                                                                                                                    
                                                                                                                                
MR.  GRUENING referred  to  proposed  Sec. 16.05.899  Enforcement                                                               
Authority,  of the  document titled,  "HB 199  Sectional Analysis                                                               
version  M,"   which  read   as  follows   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section  16.05.899  gives  authority  for  departmental                                                                    
     employees  designated by  the commissioner  to directly                                                                    
     issue  citations  for  a  violation  of  AS  16.05.871-                                                                    
     16.05.901 or a regulation  adopted under those statutes                                                                    
     if it  is not a  misdemeanor and there are  is probable                                                                    
     cause to believe a violation has occurred.                                                                                 
                                                                                                                                
MR. GRUENING  recalled this  had previously  been discussed.                                                                    
This proposed  section would allow  ADF&G to  directly issue                                                                    
citations  instead  of arranging  for  a  Fish and  Wildlife                                                                    
Trooper to issue the citation.                                                                                                  
                                                                                                                                
2:01:15 PM                                                                                                                    
                                                                                                                                
MR. GRUENING referred to Section 10 on page 16, lines 3-6                                                                       
of the document titled, "HB 199 Sectional Analysis version                                                                      
M," which read as follows [original punctuation provided]:                                                                      
                                                                                                                                
     AS. 16.05.901(a). Penalty for Violations.                                                                                  
                                                                                                                                
     Section 16.05.901(a)  is amended to provide  ADF&G with                                                                    
     additional authority  to respond to violations  of this                                                                    
     chapter.  Under current  law, ADF&G  can only  pursue a                                                                    
     misdemeanor charge for permit violations.                                                                                  
                                                                                                                                
2:01:25 PM                                                                                                                    
                                                                                                                                
MR.  GRUENING referred  to Section  11  on page  16, line  7                                                                    
through page  17, line 21,  of the document titled,  "HB 199                                                                    
Sectional  Analysis  version  M,"   which  read  as  follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
     Subsection  (c)  allows   ADF&G  to  prosecute  knowing                                                                    
     violations  of AS  16.05.871-16.05.901 or  a regulation                                                                    
     adopted under those statutes as a class A misdemeanor.                                                                     
                                                                                                                                
     Subsection  (d) allows  ADF&G  to prosecute  criminally                                                                    
     negligent  violations  of   AS  16.05.871-16.05.901,  a                                                                    
     regulation  adopted  under  those  statutes,  a  permit                                                                    
     condition and  mitigation measure imposed, or  an order                                                                    
     issued under 16.05.894 as a class A misdemeanor.                                                                           
                                                                                                                                
                                                                                                                                
MR.  GRUENING,  referring  to  subsection   (d),  said  that  the                                                               
commissioner might order a party  to cease and desist an activity                                                               
and  if the  activity  continued, with  criminal negligence,  the                                                               
party would be held liable.   He related that criminal negligence                                                               
means  a  gross  deviation  from  the standard  of  care  that  a                                                               
reasonable person would  observe in perceiving a risk.   It would                                                               
not be a strict liability offense, he said.                                                                                     
                                                                                                                                
2:02:26 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to Section 11  on page 16, line  7 through                                                               
page 17, line 21, to subsection  (e), of the document titled, "HB                                                               
199  Sectional  Analysis  version   M,"  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Subsection  (e)  provides  that  if  someone  fails  to                                                                    
     notify  the commissioner  of an  activity  for which  a                                                                    
     permit  is required  and  causes  damage to  anadromous                                                                    
     fish  habitat  or  by  neglect  or  noncompliance  with                                                                    
     permit  conditions   and  mitigation   measures  causes                                                                    
     damage to  anadromous fish habitat, a  person is guilty                                                                    
     of a class A misdemeanor.                                                                                                  
                                                                                                                                
MR. GRUENING  noted the wording was  slightly different from                                                                    
the current law in AS 16.05.896.                                                                                                
                                                                                                                                
2:03:01 PM                                                                                                                    
                                                                                                                                
MR.  GRUENING referred  to Section  11  on page  16, line  7                                                                    
through  page 17,  line  21, to  subsection  (f)-(j) of  the                                                                    
document  titled, "HB  199  Sectional  Analysis version  M,"                                                                    
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Subsection (f)  establishes that each day  of violation                                                                    
     is a separate violation.                                                                                                   
                                                                                                                                
     Subsection (g)  sets out  the process  and requirements                                                                    
     for  the commissioner  to impose  a  civil penalty  for                                                                    
     violations of a fish habitat permit.                                                                                       
                                                                                                                                
     Subsection  (h)  allows  the commissioner  to  ask  the                                                                    
     attorney general  to seek an  injunction to  suspend an                                                                    
     activity where  a person  has failed  to comply  with a                                                                    
     notice of violation from the commissioner.                                                                                 
                                                                                                                                
     Subsection  (i) gives  the commissioner  the authority,                                                                    
     after  notice, to  repair damage  caused by  violations                                                                    
     that have not  been corrected and to  hold the violator                                                                    
     liable for the costs.                                                                                                      
                                                                                                                                
     Subsection (j) applies fine amounts  set by the Supreme                                                                    
     Court for  citations issued by  ADF&G. This  allows for                                                                    
     ADF&G  to  write tickets  for  violations  that can  be                                                                    
     handled without the involvement of a state prosecutor.                                                                     
                                                                                                                                
MR. GRUENING  stated that  subsection (j)  went hand-in-hand                                                                    
with the  previous section that  gave them the  authority to                                                                    
issue  the  citation.    This   would  give  the  court  the                                                                    
authority to set the fine amounts for citations, he said.                                                                       
                                                                                                                                
2:04:04 PM                                                                                                                    
                                                                                                                                
MR.  GRUENING referred  to Section  11  on page  16, line  7                                                                    
through page 17, line 21,  to subsection (k) in the document                                                                    
titled, "HB  199 Sectional Analysis  version M,"  which read                                                                    
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
        Subsection (k) clarifies that the definition of                                                                         
        "anadromous fish habitat" is consistent with the                                                                        
     meaning provided throughout the chapter.                                                                                   
                                                                                                                                
                                                                                                                                
MR. GRUENING stated that the rest  of the changes in Sections 12-                                                               
17 of  the bill were  technical changes  in order to  account for                                                               
clerical changes,  renumbering, inserting  the new  statutes, and                                                               
references, which do not have any substantive effect.                                                                           
                                                                                                                                
2:04:24 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  referred to  Section 18,  page 20,  line 13  of the                                                               
document  titled, "HB  199 Sectional  Analysis version  M," which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Repeal of 16.05.851 and 16.05.896.                                                                                         
                                                                                                                                
     This section repeals 16.05.851 and 16.05.896. The new                                                                      
     sections and permitting structure render the sections                                                                      
     obsolete.                                                                                                                  
                                                                                                                                
MR. GRUENING clarified that AS  16.05.851 is the exemption of the                                                               
Fishway Act that allows a  person to instead of providing passage                                                               
to establish an  onsite hatchery below the  blockage, enhance and                                                               
offsite  hatchery,  or  start  an  offsite  hatchery,  which  was                                                               
previously discussed.                                                                                                           
                                                                                                                                
2:04:45 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  stated that AS  16.05.896 was just referenced.   It                                                               
provided that  if someone failed  to notify the  commissioner and                                                               
caused material  damage on anadromous  fish habitat,  which would                                                               
be a Class  A misdemeanor.  He indicated this  provision is still                                                               
in the bill in another section.                                                                                                 
                                                                                                                                
2:05:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  referred to proposed  AS 16.05.897                                                               
[page 15,  line 10] to applicability  of permitting requirements.                                                               
He  asked for  further clarification  on when  the grandfathering                                                               
provision  appeared  and if  it  has  changed in  substance  from                                                               
Version M to Version I.   He understood the bill has gone through                                                               
many iterations.                                                                                                                
                                                                                                                                
MR.  GRUENING  responded that  this  language  first appeared  in                                                               
Version  [N],  but  the language  has  remained  unchanged  since                                                               
Version I,  which referenced all authorizations  required by law.                                                               
Previously   in    Version   N,   it   referenced    on   "state"                                                               
authorizations.                                                                                                                 
                                                                                                                                
2:06:18 PM                                                                                                                    
                                                                                                                                
MR. GRUENING  provided a  brief history.   He explained  that the                                                               
original  grandfather  clause  [in  Version N]  did  not  include                                                               
renewals  or minor  authorizations in  perpetuity.   The original                                                               
version  of   the  grandfather  clause  [Version   N]  referenced                                                               
required "state" authorizations, but  the language was changed to                                                               
"all" authorizations.   During  a meeting  with the  Alaska Power                                                               
Association, it was pointed out  that some hydroelectric projects                                                               
have  authorizations  that  pre-dated   statehood,  such  as  the                                                               
Snettisham hydroelectric  project in  Juneau. He  reiterated that                                                               
the grandfather language has remained unchanged since Version I.                                                                
                                                                                                                                
2:06:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  referred to the  proposed language                                                               
in AS 16.05.901(f), which establishes  that each day of violation                                                               
is a separate  violation.  He wondered if  that concept presently                                                               
exists in current law for permit violations.                                                                                    
                                                                                                                                
MR. GRUENING responded that he  would need to check the statutes.                                                               
He  said  his inclination  was  that  language in  [AS.16.05].871                                                               
stipulated it;  however, he was  unsure.  He offered  to research                                                               
it further and provide it to the committee.                                                                                     
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS thanked him  for the reference.  He                                                               
was curious  because the House  State Affairs Committee  has been                                                               
considering violations for fire-life safety issues.                                                                             
                                                                                                                                
2:08:44 PM                                                                                                                    
                                                                                                                                
CHAIR STUTES announced HB 199 would be held over.                                                                               
                                                                                                                                
2:08:58 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 2:08                                                                    
p.m.                                                                                                                            

Document Name Date/Time Subjects
Resume for Orville Huntington Redacted.pdf HFSH 4/5/2018 10:00:00 AM
Supporting Document Al Cain ATA 03.31.18.pdf HFSH 4/5/2018 10:00:00 AM
Resume for Alan Cain Redacted.pdf HFSH 4/5/2018 10:00:00 AM
Supporting Document Orville Huntington ATA 03.31.18.pdf HFSH 4/5/2018 10:00:00 AM
Supporting Document Orville Huntington YDFDA 03.20.18.pdf HFSH 4/5/2018 10:00:00 AM
Supporting Document Al Cain UFA 04.02.18.pdf HFSH 4/5/2018 10:00:00 AM
HB 199 Sectional Analysis Version M 04.04.18.pdf HFSH 4/5/2018 10:00:00 AM
HB 199
HB 199 ver I 03.30.18.pdf HFSH 4/5/2018 10:00:00 AM
HB 199
HB 199 ver M 04.02.18.pdf HFSH 4/5/2018 10:00:00 AM
HB 199
Supporting Document HB 199 Nondalton 04.04.18.pdf HFSH 4/5/2018 10:00:00 AM
HB 199
HB 199 Explanation of Changes version I to M 04.04.18.pdf HFSH 4/5/2018 10:00:00 AM
HB 199