02/01/2008 08:30 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| HB41 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 41 | ||
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 1, 2008
8:39 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Craig Johnson
Representative Peggy Wilson
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Kyle Johansen
Representative Gabrielle LeDoux
Representative Bryce Edgmon
COMMITTEE CALENDAR
HOUSE BILL NO. 41
"An Act returning certain duties regarding habitat management
from the Department of Natural Resources to the Department of
Fish and Game; and providing for an effective date."
- MOVED HB 41 (FSH) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 41
SHORT TITLE: TRANSFER HABITAT DIV FROM DNR TO F&G
SPONSOR(s): REPRESENTATIVE(s) GARA
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) FSH, RES, FIN
02/09/07 (H) FSH AT 8:30 AM CAPITOL 124
02/09/07 (H) Heard & Held
02/09/07 (H) MINUTE(FSH)
02/12/07 (H) FSH AT 8:30 AM CAPITOL 124
02/12/07 (H) Heard & Held
02/12/07 (H) MINUTE(FSH)
02/14/07 (H) FSH AT 8:30 AM CAPITOL 124
02/14/07 (H) Heard & Held
02/14/07 (H) MINUTE(FSH)
02/01/08 (H) FSH AT 8:30 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 41, as prime sponsor.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House Special Committee on
Fisheries meeting to order at 8:39:51 AM. Representatives
Seaton, Johnson, Holmes, and Wilson were present at the call to
order.
HB 41-TRANSFER HABITAT DIV FROM DNR TO F&G
8:40:06 AM
CHAIR SEATON announced that the only order of business would be
HOUSE BILL NO. 41, "An Act returning certain duties regarding
habitat management from the Department of Natural Resources to
the Department of Fish and Game; and providing for an effective
date."
8:41:23 AM
CHAIR SEATON directed attention to the new information received
in the committee packet, including: A memo from Legal Services
comparing HB 41 with the Fisheries Habitat Protection
Initiative. The initiative has gathered signatures, received
certification, and been submitted to the legislature to provide
the body with the opportunity to pass commensurate legislation.
Also, a comment letter from the Pebble Partnership, stressing
the need to solve this issue, and finally, a position statement
from the Friends of The Anchorage Coastal Wildlife Refuge.
8:43:50 AM
REPRESENTATIVE LES GARA, Alaska State Legislature, provided an
update on the progress of the bill, the work with the current
administration to encourage a reversal of Governor Frank
Murkowski's Executive Order (EO), and a review the historical
development of the twp departments. He explained why the Office
of Habitat Management & Permitting (OHM&P)was originally
situated, as a division of the Alaska Department of Fish & Game
(ADF&G) vs. an office of the Department of Natural Resources
(DNR). He directed attention to the letter, dated January 30,
2003, signed by every ADF&G commissioner appointed since
statehood; a united position statement in support of HB 41. He
paraphrased from the third paragraph, which read as follows
[original punctuation provided]:
At Alaska's Constitutional Convention in 1955, our
founding fathers debated whether the new state would
have one resource agency or two. They understood the
need to develop our oil, mineral, and timber
resources, and build the roads and highways needed to
open up our vast state, and they recognized the need
to balance that development with protection of fish
and wildlife by purposefully giving the responsibility
and authority to protect in-stream fish habitat to
ADF&G.
REPRESENTATIVE GARA continued, stated that ADF&G was charged
with the protection of fisheries, habitat, and wildlife. To
create the appropriate checks and balances, DNR was formed. The
function of OHM&P is to evaluate the habitat risk of a project;
the potential damage to the fish, wildlife, or other habitat.
As previously noted, this was a function originally identified
as being under the purview of ADF&G. Stating that the
initiative is continuing to gather signatures, he indicated that
the only substantive difference between the initiative and the
bill is how the role of the DNR deputy commissioner is
addressed. He stressed that the public interest is strongly
behind making this move. Responding to a committee member, he
acknowledged the need for a new effective date on page 11, Sec
24, and suggested January 1, 2009.
8:48:52 AM
REPRESENTATIVE JOHNSON asked whether HB 41 supplants the need
for the initiative.
REPRESENTATIVE GARA said yes.
[A brief exchange occurred regarding the role of the deputy
commissioner at DNR.]
8:50:19 AM
REPRESENTATIVE WILSON said that the governor's letter cites the
good work of both divisions. However, the public's perception
should to considered a reality, whether it is how things are
actually working or not. Further, she provided her intent to
support the bill.
8:51:28 AM
CHAIR SEATON pointed out that the Pebble Mine letter did not
state specific support for the bill, but rather the need for
solving the issue; either way. He explained the sixty day time
line, as noted in the Legal Services memo, and expressed his
desire for passage of the bill. The committee provided a full
year for the administration to review and act on this issue.
The opportunity still remains for the governor to issue an EO.
8:54:13 AM
REPRESENTATIVE HOLMES moved Amendment 1: page 11, line 11, Sec.
24, delete July 1, 2007, and insert January 1, 2009.
There being no objection, Amendment 1 was adopted.
8:54:47 AM
REPRESENTATIVE JOHNSON stated his support for the bill.
Further, he expressed concern for any process that might
suppress state scientists from expressing their concerns based
on fear of departmental retribution. Although, he said that he
does not believe this has happened, he underscored the need to
protect against stifling the ability for biologists to openly
report their scientific findings, or participate in establishing
appropriate, science based, policy.
8:58:20 AM
REPRESENTATIVE HOLMES agreed, and stressed that the passage of
this bill is not intended to reflect negatively, or be viewed as
an indictment on OHM&P, but rather place the office in the
appropriate department to carry out its intended functions. She
stated support for the bill.
8:59:39 AM
REPRESENTATIVE WILSON offered her agreement that the integrity
of OHM&P is not in question. She suggested that operational
changes may not be readily apparent, but the perception will be
altered. She pledged her support for the bill.
9:00:54 AM
CHAIR SEATON stated that HB 14 also resolves a possible ethical
dilemma. By having OHM&P operate under the mission statement of
DNR vs. that of ADF&G, a "dueling mission statement" situation
is created. Passage of this legislation is not intended to
endorse one mission statement above the other, but it will
provide clarification of policy application for the concerned
state employees.
9:02:48 AM
REPRESENTATIVE HOLMES moved to report HB 41, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HB 41(FSH) was reported
from the House Special Committee on Fisheries.
9:03:54 AM
CHAIR SEATON reported that he recently attended a permitting
conference. He put the question of relocating OHM&P to the DNR
representative. The response was that the department does not
anticipate any complications, regarding the permitting process,
should the move occur.
9:04:50 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 9:05
a.m.
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