02/10/2011 05:00 PM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Alaska Board of Fisheries (bof) | |
| HJR8 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HJR 8 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 10, 2011
5:03 p.m.
MEMBERS PRESENT
Representative Steve Thompson, Chair
Representative Craig Johnson, Vice Chair
Representative Bob Herron
Representative Lance Pruitt
Representative Scott Kawasaki
Representative Bob Miller
MEMBERS ABSENT
Representative Alan Austerman
COMMITTEE CALENDAR
OVERVIEW(S): ALASKA BOARD OF FISHERIES (BOF)
- HEARD
HOUSE JOINT RESOLUTION NO. 8
Urging the United States Food and Drug Administration to deny an
application to sell genetically engineered salmon in the United
States; urging compliance with the provision of P.L. 110-85
(Food and Drug Administration Amendments Act of 2007) that
requires the Commissioner of Food and Drugs to consult with the
National Marine Fisheries Service of the National Oceanic and
Atmospheric Administration regarding a report on environmental
risks associated with genetically engineered seafood products;
and urging that product labeling requirements include the words
"Genetically Modified" prominently displayed on the front of the
package if the application is approved by the United States Food
and Drug Administration.
- MOVED CSHJR 8(FSH) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 8
SHORT TITLE: OPPOSE GENETICALLY ENGINEERED SALMON
SPONSOR(s): REPRESENTATIVE(s) KAWASAKI
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) FSH, RES
02/10/11 (H) FSH AT 5:00 PM CAPITOL 120
WITNESS REGISTER
JIM MARCOTTE, Executive Director
Alaska Board of Fisheries
Boards Support Section
Alaska Department of Fish and Game
Juneau, Alaska
POSITION STATEMENT: Provided the overview of the Alaska Board
of Fisheries (BOF).
JOS GOVAARS, Staff
Representative Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 8 on behalf of Representative
Kawasaki, prime sponsor.
GERALD McCUNE, Lobbyist
United Fishermen of Alaska (UFA)
Cordova, Alaska
POSITION STATEMENT: Testified in support of HJR 8.
ACTION NARRATIVE
5:03:51 PM
CHAIR STEVE THOMPSON called the House Special Committee on
Fisheries meeting to order at 5:03 p.m. Present at the call to
order were Representatives Thompson, Johnson, Kawasaki, and
Miller. Representatives Herron and Pruitt arrived while the
meeting was in progress.
^OVERVIEW(S): Alaska Board of Fisheries (BOF)
OVERVIEW(S): Alaska Board of Fisheries (BOF)
5:04:04 PM
CHAIR THOMPSON announced that the first order of business would
be an overview from the Alaska Board of Fisheries (BOF).
5:04:49 PM
JIM MARCOTTE, Executive Director, Alaska Board of Fisheries
(BOF), Boards Support Section, Alaska Department of Fish and
Game (ADF&G), opined that the Alaska Board of Fisheries (BOF)
process is engaging and plays a key role in ensuring that
Alaska's fish resources are managed on a sustained basis. He
said allocation is the key role of the board, which effectively
removes this politically-charged issue from the hands of the
fishery managers and politicians. The separation of allocation
and conservation decisions is critical for achieving sustainable
fisheries in the state. The state has management authority
within a three mile limit of the coastline, with exceptions
extending to 200 miles for some species; federal agencies manage
to the shoreline. Mr. Marcotte explained that the board is
comprised of 7 members, appointed by the governor on April 1, to
staggered three year terms, confirmed through the legislative
hearing process and in a joint session, and commencing on July
1. All of the members serve "at large" to minimize focus on
particular geographic areas of the state, and eliminate ties to
stakeholder groups. He directed attention to a handout, in the
committee packet, titled "Alaska Board of Fish Additional
Information Packet" to point out the current make-up of the
board, including term limits. He said the committee can expect
nominations for appointment to three seats in 2011.
5:07:51 PM
MR. MARCOTTE described the primary steps in the proposal
process: call for proposals, distribution of proposals, public
review and comment, board regulatory meeting, and
implementation. Proposals are due on, or about, April 10 each
year, to allow roughly six months for the public to review and
comment prior to presentation at a BOF meeting. The department
maintains a distribution list for proposals, with approximately
2,800 subscribers; proposals can also be reviewed on the BOF web
site. If a change is deemed appropriate, following the hearing
process, the Department of Law (DOL) provides a review. The new
regulation is presented to the Office of the Lieutenant Governor
for signing, and becomes effective in thirty days from that
date.
5:09:32 PM
MR. MARCOTTE drew attention to slide 5, and the previously
mentioned packet, to review the schedule for the board's
upcoming three year meeting cycle, including the geographic
areas of focus, the species/topics being considered, and the
meeting dates and locations. Additionally, he indicated a
sample proposal form and said the form is not necessary but the
format is required in order to present the information in a
standardized manner.
5:11:24 PM
MR. MARCOTTE illustrated the source of the fishery proposals
received in 2006/2007, by percent, via a pie chart, which
indicated: individuals 128, local fish and game advisory
committees 47, ADF&G, 37, user groups and associations 21,
federal regional advisory councils 4, village councils 7, BOF 2.
He moved to the fourth step of the process, which is the board
regulatory meeting. Typically the board meets five times per
year for a period of seven to ten days. Further, he provided an
outline of the standard agenda points followed and the length of
time spent on each item, to wit:
Introductions, ethics disclosures
Department staff reports (half day)
Oral public testimony (up to two days)
Board committees (3 board members, public panel and
staff to develop recommendations)
Board deliberation on proposals
Miscellaneous Business
5:14:06 PM
MR. MARCOTTE said that typically about one third of all
proposals are adopted in one form or another, and illuminated
the slide titled "Actions on Board of Fisheries Proposals" to
provide an example of what occurred with the proposals received
in the 2005-2006 year. He said the board relies heavily on
public input, and oral testimony may be taken from as many as
160 witnesses along with written comments. Other contributing,
important, testimony is received from fishery groups, interested
associations, industry groups, local government representatives,
tribal groups, village councils, and the local fish and game
advisory committees; 82 statewide with over 900 members. Agency
input is provided through the various departmental divisions.
He said the BOF operates within legal sideboards provided by the
Alaska constitution, Alaska statutes, court rulings,
international treaties, and the BOF regulations and policies.
Respectively, he elaborated on these sideboards, and said
Alaska's constitution is unique in requiring the sustained yield
principle, while establishing the directive that the natural
resources will be developed for the maximum benefit of the
people. Alaska statutes provide the BOF with direct authority
and guidelines and Mr. Marcotte cited the applicable statutory
reference numbers and elaborated on the prominent points of
each, including BOF policy and procedures allowing out-of-cycle
actions to occur.
5:24:48 PM
MR. MARCOTTE established that there are ways to get involved in
the board of fisheries, paraphrasing from a list which included
[original punctuation provided]:
Get on Board's mailing list
Submit your written comments on proposals
-comment should be received 2 weeks prior to meetings
Submit your own proposal
-April 10 deadline and 3-year cycle
-consult with area management staff
Attend Board meetings and present testimony
-attend, testify, participate in committee meetings
Join or attend your local fish and game advisory group
-contact BOF Support Section for meeting information
Join an industry or stakeholder group
-work with others with whom you share common interests
MR. MARCOTTE summarized that the board follows a structured
process where public credibility and participation are valued
and necessary.
5:25:40 PM
REPRESENTATIVE HERRON provided four written questions, to the
chairman, to be included in the record, and requested a written
response be provided to the committee. He directed attention to
slide 12, referencing the North Pacific Fishery Management
Council (NPFMC), and asked, "Has there ever been a subsistence
seat."
MR. MARCOTTE responded no, and noted that the NPFMC was
structured in conjunction through the Magnuson-Stevens act.
REPRESENTATIVE HERRON stressed the need for subsistence users to
have a voice on the council.
5:28:05 PM
REPRESENTATIVE KAWASAKI inquired whether the BOF has been
approached with a proposal regarding access by taxidermists.
MR. MARCOTTE said no.
REPRESENTATIVE KAWASAKI suggested the need for discussion
regarding dip netting for personal use, and opined that the
definition needs to be clarified. He then reported that the
residents of the Fairbanks area are not pleased with how the
allocations are handled for the Chitna fishery.
5:30:33 PM
REPRESENTATIVE JOHNSON asked whether the proposals can be
accessed on the Internet.
MR. MARCOTTE answered yes.
REPRESENTATIVE JOHNSON queried whether the BOF meetings are
available on-line other than live audio streaming.
MR. MARCOTTE said no, not currently. A new website is being
developed, and the audio archives will be a featured link;
scheduled for completion in the next six months. However, the
BOF office fills any requests for historic audio by providing a
complimentary compact disc. The turnaround time at a meeting is
immediate, and from the office perhaps two days plus the time
allowed for mail delivery.
REPRESENTATIVE JOHNSON reported concerns that obtaining this
information may not be as easy, or expedient, as Mr. Marcotte
described.
5:34:18 PM
REPRESENTATIVE JOHNSON inquired how the BOF chooses to hear from
a Commercial or Sport Fish division biologist on a given issue.
MR. MARCOTTE indicated that both divisions are represented at
the meetings, each bringing areas of expertise. On any given
topic, the most qualified person is asked to testify. He said
that often, department memos, responding to board proposals, are
co-authored by biologist from both divisions.
5:36:50 PM
REPRESENTATIVE JOHNSON asked why the BOF office is located in
Juneau.
MR. MARCOTTE said it is a section of ADF&G, which is
headquartered in Juneau. However, BOF offices are located
throughout the state, and the meetings are scheduled on a
rotating basis in every region.
5:40:17 PM
REPRESENTATIVE HERRON stated his understanding that BOF members
are not always treated well.
MR. MARCOTTE responded that service on the BOF can be
frustrating for members, who must travel, attend lengthy
meetings, and tend to a hectic schedule.
REPRESENTATIVE HERRON indicated that another complaint is the
restriction on members of the public approaching the BOF at the
table. Thus, the BOF members find themselves pursued, for
conversational opportunities in hallways and restrooms. He
suggested that, given the difficult topics that members face,
consideration might be given to providing a level of segregation
for purposes of protection/refuge.
MR. MARCOTTE said the overall characterization of the board
process is one of openness and accessibility. There is a
sensitivity given to the public's interest, and the desire to
speak with BOF members.
5:44:42 PM
CHAIR THOMPSON noted that slide 9 indicates a total of 354
considerations, and asked if that represents an average or has
it increased since 2006.
MR. MARCOTTE offered that it remains fairly consistent, and the
pattern generally remains close to what was presented in the
slide.
The committee took an at-ease from 5:45 p.m. to 5:47 p.m.
HJR 8-OPPOSE GENETICALLY ENGINEERED SALMON
5:47:48 PM
CHAIR THOMPSON announced that the final order of business would
be HOUSE JOINT RESOLUTION NO. 8, Urging the United States Food
and Drug Administration to deny an application to sell
genetically engineered salmon in the United States; urging
compliance with the provision of P.L. 110-85 (Food and Drug
Administration Amendments Act of 2007) that requires the
Commissioner of Food and Drugs to consult with the National
Marine Fisheries Service of the National Oceanic and Atmospheric
Administration regarding a report on environmental risks
associated with genetically engineered seafood products; and
urging that product labeling requirements include the words
"Genetically Modified" prominently displayed on the front of the
package if the application is approved by the United States Food
and Drug Administration.
5:48:30 PM
JOS GOVAARS, Staff, Representative Scott Kawasaki, Alaska State
Legislature, presented HJR8, paraphrasing from the sponsor
statement, which read as follows [original punctuation
provided]:
House Joint Resolution 8 (HJR8) is introduced to urge
the United States Food and Drug Administration (FDA)
to deny any application to sell genetically engineered
salmon in the United States. HJR8 also calls on
Congress to enact product labeling requirements that
include the words "Genetically Modified" which are
prominently displayed on the package if the
application is approved by the FDA.
Recently, the FDA held hearings to approve a hybrid
Atlantic salmon as the first genetically engineered
animal for human consumption. The FDA's consideration
for approval of this "frankenfish" is a risky
precedent and a threat to Alaska's wild salmon. The
hybrid Atlantic salmon has been engineered by crossing
Chinook salmon growth genes and an antifreeze gene
from an eel, the ocean pout. The genes allow the new
creation dubbed the AquAdvantage salmon to grow about
twice as fast as its natural cousin.
Salmon farms in Canada, Europe and South America have
been criticized for crowded conditions, fecal
contamination, use of chemicals, proliferation of
disease and escapees. Atlantic salmon have been
caught in Alaska's waters, escaping from neighboring
fish farms in British Columbia; many infested with sea
lice. They are considered an invasive species by
Alaskans.
HJR8 will send the clear message to the Federal
Government, Alaska's Congressional Delegation, the
Food and Drug Administration and President Obama that
the Alaska State Legislature does not condone the
growth, sale or release of genetically engineered
salmon in the United States. Please join me in
supporting House Joint Resolution 8 and help make
Alaska's salmon safe.
5:50:10 PM
REPRESENTATIVE HERRON said the WHEREAS on page 2, line 11,
states the proposal to create these genetically modified (GMO)
fish, and asked whether an additional provision be included to
clarify that these fish are currently being produced.
REPRESENTATIVE KAWASAKI responded that there are none being
produced, or approved for production, in the United States.
MR. GOVAARS interjected that production is occurring in Canada
followed by shipment to Panama for fish farming purposes.
REPRESENTATIVE HERRON maintained an interest in having the
resolution include an additional provision indicating that these
fish do exist. He then asked about the likelihood of the
Federal Food and Drug Administration (FDA) approving GMO fish
for consumption.
REPRESENTATIVE KAWASAKI stated that lobbying the FDA is
occurring. He said it is important to provide support to the
Alaskan delegation in Washington D.C, and send a clear message
to the United States president that this action is not supported
by Alaska. Further, the window for comment will close in the
coming months, placing a measure of urgency on the resolution.
5:53:23 PM
REPRESENTATIVE JOHNSON turned to the bill page 1, line 1, and
pointed out the language "deny an application," to ask whether
it should be changed to read "any application". The existing
language suggests that the first application would be denied but
succeeding applications could be approved.
5:54:26 PM
REPRESENTATIVE PRUITT directed attention to the bill page 3,
line 10, to point out that the Honorable John Boehner is now the
Speaker of the U.S. House of Representatives; not the Minority
Leader as indicated.
5:55:02 PM
REPRESENTATIVE MILLER called attention to the bill page 3, line
4, to suggest changing the language reading "if the application
is" to "if applications are", and page 1, line 11, to point out
"an application" should be changed to "any application".
CHAIR THOMPSON opened public testimony.
5:56:28 PM
GERALD McCUNE, Lobbyist, United Fishermen of Alaska (UFA),
stated support for HJR 8, and expressed concern for the
possibility of the FDA approval going through and not requiring
labeling. He pointed out that the Alaskan seafood industry has
spent millions of dollars marketing Alaskan salmon, and said a
GMO fish product will cause confusion in the market place.
Further, if someone is introduced to salmon through the eating
of GMO fish, they may never discover the delicacy of the wild
salmon that Alaska has to offer. Timing is crucial on getting
this resolution through, he finished.
The committee took an at-ease from 5:58 p.m. to 5:59 p.m.
CHAIR THOMPSON closed public testimony
5:59:38 PM
REPRESENTATIVE JOHNSON proposed Amendment 1:
Page 1, line 1:
Delete "an application"
Insert "any application"
Hearing no objection, Amendment 1 was adopted.
6:00:13 PM
REPRESENTATIVE JOHNSON offered that an additional provision, as
suggested by Representative Herron, could be brought to the next
committee of referral [House Resources Standing Committee].
6:00:38 PM
REPRESENTATIVE PRUITT offered Amendment 2:
Page 3, line 10:
Delete "Minority Leader"
Insert "Speaker"
Hearing no objection, Amendment 2 was adopted.
6:01:10 PM
REPRESENTATIVE HERRON indicated that legal services will re-word
the document to be consistent with Amendment 1.
6:01:42 PM
REPRESENTATIVE JOHNSON moved to report HJR 8, as amended, from
the House Special Committee on Fisheries. Hearing no objection,
CSHJR 8(FSH) was reported out of committee.
6:01:57 PM
CHAIR THOMPSON announced the agenda for the next meeting.
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 6:02
p.m.