Legislature(2017 - 2018)BARNES 124

04/13/2017 05:00 PM RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 4/12/17 --
Scheduled but Not Heard
-- Testimony <Invitation Only> --
Heard & Held
-- Public Testimony --
<Bill Hearing Postponed to 4/14/17>
-- Testimony <Invitation Only> --
<Bill Hearing Postponed to 4/14/17>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved CSHJR 9(RES) Out of Committee
-- Public Testimony --
Heard & Held
-- Public Testimony --
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 13, 2017                                                                                         
                           5:02 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Representative Andy Josephson, Co-Chair                                                                                         
Representative Geran Tarr, Co-Chair                                                                                             
Representative Dean Westlake, Vice Chair                                                                                        
Representative Harriet Drummond                                                                                                 
Representative Justin Parish                                                                                                    
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
MEMBERS ABSENT                                                                                                                
Representative George Rauscher                                                                                                  
Representative David Talerico                                                                                                   
Representative Mike Chenault (alternate)                                                                                        
Representative Chris Tuck (alternate)                                                                                           
OTHER LEGISLATORS PRESENT                                                                                                     
Representative Jennifer Johnston                                                                                                
COMMITTEE CALENDAR                                                                                                            
HOUSE JOINT RESOLUTION NO. 9                                                                                                    
Urging the United States government  to continue to work with the                                                               
government of  Canada to  investigate the  long-term, region-wide                                                               
downstream   effects   of   proposed  and   existing   industrial                                                               
development  and  to  develop  measures   to  ensure  that  state                                                               
resources  are  not harmed  by  upstream  development in  British                                                               
     - MOVED CSHJR 9(RES) OUT OF COMMITTEE                                                                                      
HOUSE BILL NO. 211                                                                                                              
"An Act requiring  a nonresident to be accompanied by  a guide or                                                               
resident  spouse or  relative when  hunting certain  caribou; and                                                               
providing for an effective date."                                                                                               
     - HEARD & HELD                                                                                                             
HOUSE BILL NO. 177                                                                                                              
"An  Act relating  to the  response to,  and control  of, aquatic                                                               
invasive  species;  establishing  the  aquatic  invasive  species                                                               
response  fund;  and relating  to  the  provision of  information                                                               
about  aquatic invasive  species to  users of  the Alaska  marine                                                               
highway system."                                                                                                                
     - HEARD & HELD                                                                                                             
HOUSE BILL NO. 197                                                                                                              
"An Act  relating to  the duties of  the commissioner  of natural                                                               
resources;  relating to  agriculture; and  relating to  community                                                               
seed libraries."                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
HOUSE BILL NO. 217                                                                                                              
"An  Act relating  to the  Alaska Food,  Drug, and  Cosmetic Act;                                                               
relating to  the sale of milk,  milk products, raw milk,  and raw                                                               
milk products; and providing for an effective date."                                                                            
     - BILL HEARING POSTPONED                                                                                                   
HOUSE BILL NO. 218                                                                                                              
"An Act  relating to  the state veterinarian  and to  animals and                                                               
animal products."                                                                                                               
     - BILL HEARING POSTPONED                                                                                                   
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HJR  9                                                                                                                  
SHORT TITLE: CANADIAN MINES ON TRANSBOUNDARY RIVERS                                                                             
SPONSOR(s): REPRESENTATIVE(s) ORTIZ                                                                                             
01/30/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/17       (H)       FSH, RES                                                                                               
03/16/17       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
03/16/17       (H)       -- MEETING CANCELED --                                                                                 
03/28/17       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
03/28/17       (H)       <Bill Hearing Canceled>                                                                                
03/30/17       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
03/30/17       (H)       -- MEETING CANCELED --                                                                                 
04/06/17       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/06/17       (H)       Moved CSHJR 9(FSH) Out of Committee                                                                    
04/06/17       (H)       MINUTE(FSH)                                                                                            
04/07/17       (H)       FSH RPT CS(FSH) 3DP 2NR 2AM                                                                            
04/07/17       (H)       DP: KREISS-TOMKINS, TARR, STUTES                                                                       
04/07/17       (H)       NR: CHENAULT, FANSLER                                                                                  
04/07/17       (H)       AM: EASTMAN, NEUMAN                                                                                    
04/10/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/10/17       (H)       -- MEETING CANCELED --                                                                                 
04/12/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/12/17       (H)       Heard & Held                                                                                           
04/12/17       (H)       MINUTE(RES)                                                                                            
04/13/17       (H)       RES AT 5:00 PM BARNES 124                                                                              
BILL: HB 211                                                                                                                  
SHORT TITLE: NONRESIDENT HUNTING REQUIREMENTS: CARIBOU                                                                          
SPONSOR(s): REPRESENTATIVE(s) WESTLAKE                                                                                          
04/05/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/05/17       (H)       RES                                                                                                    
04/12/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/12/17       (H)       Scheduled but Not Heard                                                                                
04/13/17       (H)       RES AT 5:00 PM BARNES 124                                                                              
BILL: HB 177                                                                                                                  
SHORT TITLE: AQUATIC INVASIVE SPECIES                                                                                           
SPONSOR(s): REPRESENTATIVE(s) TARR                                                                                              
03/14/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/17       (H)       RES, FIN                                                                                               
04/05/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/05/17       (H)       Scheduled but Not Heard                                                                                
04/07/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/07/17       (H)       Heard & Held                                                                                           
04/07/17       (H)       MINUTE(RES)                                                                                            
04/10/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/10/17       (H)       -- MEETING CANCELED --                                                                                 
04/12/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/12/17       (H)       Scheduled but Not Heard                                                                                
04/13/17       (H)       RES AT 5:00 PM BARNES 124                                                                              
WITNESS REGISTER                                                                                                              
JODE SPARKS, Spokesperson                                                                                                       
Alaska Youth for Environmental Action                                                                                           
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
TONY GALLEGOF, Director                                                                                                         
Cultural and Natural Resources                                                                                                  
Ketchikan Indian Community                                                                                                      
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
FREDERICK OLSEN JR, Chairman                                                                                                    
United Tribal Transboundary Mining Work Group; Tribal Vice                                                                      
Organized Village of Kasaan                                                                                                     
Kasaan, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
BRIAN LYNCH, Spokesperson                                                                                                       
Rivers Without Borders                                                                                                          
Petersburg, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
KAREN MATTHIAS, Executive Director                                                                                              
Council of Alaska Producers                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing of HJR 9.                                                                   
GRAHAM NEALE                                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing of HJR 9.                                                                   
LAURA STATS                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
GUY ARCHIBALD, Coordinator                                                                                                      
Mining and Clean Water                                                                                                          
Southeast Alaska Conservation Council                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HJR 9.                                                                           
DEANTHA CROCKETT, Executive Director                                                                                            
Alaska Miners Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing of HJR 9.                                                                   
JILL WEITZ, Spokesperson                                                                                                        
Salmon Beyond Borders                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing of                                                                 
HJR 9.                                                                                                                          
BRUCE DALE, Director                                                                                                            
Division of Wildlife Conservation                                                                                               
Alaska Department of Fish & Game                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing of HB                                                              
REGGIE JOULE                                                                                                                    
Kotzebue, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 211.                                                                          
PAUL (CHRIS) MCKEE, Supervisor                                                                                                  
Wildlife Division                                                                                                               
Office of Subsistence Management                                                                                                
Fish and Wildlife Service                                                                                                       
U.S. Department of the Interior                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing of HB 211.                                                                  
AL BARRETTE                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing of HB 211.                                                                  
MARK RICHARDS, Executive Director                                                                                               
Resident Hunters of Alaska                                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 211.                                                                       
JAKE JACOBSON                                                                                                                   
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 211.                                                                          
TIM STALLARD, Chairperson                                                                                                       
Alaska Committee for Noxious and Invasive Pest Management                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 177.                                                                          
ARTHUR KEYES, Director                                                                                                          
Division of Agriculture                                                                                                         
Department of Natural Resources                                                                                                 
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Answered a question during the hearing of                                                                
HB 177.                                                                                                                         
MICHAEL NEUSSL, Deputy Commissioner                                                                                             
Alaska Marine Highway System                                                                                                    
Office of the Commissioner                                                                                                      
Department of Transportation & Public Facilities                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing of HB                                                             
TAMMY DAVIS, Invasive Species Coordinator                                                                                       
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing of HB                                                             
ACTION NARRATIVE                                                                                                              
5:02:43 PM                                                                                                                    
CO-CHAIR  ANDY  JOSEPHSON  called the  House  Resources  Standing                                                             
Committee meeting  back to  order at  5:02 p.m.   Representatives                                                               
Josephson, Birch, Parish, Westlake, and  Tarr were present at the                                                               
call to order.   Representatives Drummond and  Johnson arrived as                                                               
the meeting  was in  progress.   Also present  was Representative                                                               
The meeting  was a continuation  of the House  Resources Standing                                                               
Committee meeting recessed at 3:14 p.m., on 4/12/17.                                                                            
         HJR  9-CANADIAN MINES ON TRANSBOUNDARY RIVERS                                                                      
5:03:21 PM                                                                                                                    
CO-CHAIR  JOSEPHSON announced  that the  first order  of business                                                               
would be HOUSE  JOINT RESOLUTION NO. 9, Urging  the United States                                                               
government to continue  to work with the government  of Canada to                                                               
investigate  the  long-term,  region-wide downstream  effects  of                                                               
proposed  and  existing  industrial development  and  to  develop                                                               
measures  to  ensure  that  state resources  are  not  harmed  by                                                               
upstream development in British  Columbia.  [Before the committee                                                               
was CSHJR 9(FSH), Version J].                                                                                                   
CO-CHAIR  JOSEPHSON said  invited testimony  on HJR  9 was  heard                                                               
4/12/17, and opened public testimony.                                                                                           
5:03:49 PM                                                                                                                    
JODE SPARKS, spokesperson, Alaska  Youth for Environmental Action                                                               
(AYEA), informed  the committee  his organization  is a  group of                                                               
diverse,  politically-minded teenagers  from across  Alaska.   He                                                               
expressed  support  for   HJR  9  because  of   his  support  for                                                               
sustainable  salmon.   Other  students in  his  biology class  in                                                               
Soldotna, and  their teacher, also  support the resolution.   Mr.                                                               
Sparks said  the bill  would have no  impact on  Alaska industry,                                                               
but would help save Alaska  salmon.  Although Southeast Alaska is                                                               
distant from  the Kenai Peninsula,  the two areas  share cultural                                                               
and economic  dependence on salmon,  and residents fish  and work                                                               
in  commercial fishing.   Fishing  provides  employment for  over                                                               
10,000 workers in Southcentral Alaska  and enhances tourism.  The                                                               
bill would benefit  mostly salmon in Southeast,  but all Alaskans                                                               
support salmon and  seek healthy salmon.  Alaskans  also want the                                                               
state to  have a say in  its industries, and HJR  9 would provide                                                               
Alaskans  influence   over  mines  that  affect   Alaska  waters.                                                               
Representing AYEA,  students, salmon-lovers, and  young Alaskans,                                                               
Mr. Sparks urged the legislature to pass HJR 9.                                                                                 
5:05:39 PM                                                                                                                    
TONY   GALLEGOF,  director,   Cultural  and   Natural  Resources,                                                               
Ketchikan Indian  Community (KIC),  summarized from  a resolution                                                               
passed by KIC in support of HJR 9 as follows:                                                                                   
     1.   The Province  of British Columbia  (B.C.), Canada,                                                                    
     says  its  mines  can   be  developed  responsibly  but                                                                    
     reports found this is not the case                                                                                         
     2.   KIC  is concerned  about the  long-term health  of                                                                    
     fishes and  rivers, and  seeks enforceable  measures to                                                                    
     protect resources in the future                                                                                            
     3.    Binding,  enforceable   measures  are  needed  to                                                                    
     address Alaskans'  concerns about  transboundary mining                                                                    
     4.  The [Statement of  Cooperation on the Protection of                                                                    
     Transboundary  Waters  (SOC)   does  not  guarantee  or                                                                    
     ensure monitoring and does not provide funding                                                                             
     5.  Monitoring without funding is not enough                                                                               
     6.   Long-term  cumulative  impacts  from existing  and                                                                    
     future mining projects in  B.C. affect Alaska's natural                                                                    
     7.  HJR 9 is proactive                                                                                                     
     8.     B.C.'s  current  processes  do   not  provide  a                                                                    
     mechanism  or  funds  to   ensure  proper  cleanup  and                                                                    
     9.  Concerns are being dismissed                                                                                           
     11.   The federal  Boundary Waters Treaty  (BWT) should                                                                    
     be honored                                                                                                                 
     10.   B.C. needs  to implement  a robust  monitoring to                                                                    
     ensure protection of waters in perpetuity                                                                                  
     Therefore,  the  Ketchikan  Indian  Community  resolves                                                                    
     that the  KIC Tribal  Council urge the  U.S. government                                                                    
     to   work   with   Canada  to   investigate   long-term                                                                    
     downstream effects of  existing and proposed industrial                                                                    
     development  in B.C.  and develop  measures to  protect                                                                    
     the state's resources.                                                                                                     
REPRESENTATIVE PARISH asked how many are represented by KIC.                                                                    
MR. GALLEGOF  said KIC is the  second largest Tribe in  the state                                                               
and represents over 6,000 members.                                                                                              
5:10:03 PM                                                                                                                    
FREDERICK OLSEN JR, chairman,  United Tribal Transboundary Mining                                                               
Work  Group,  and Tribal  vice  president,  Organized Village  of                                                               
Kasaan, said  the Organized Village  of Kasaan (Kasaan)  passed a                                                               
resolution  in support  of  HJR  9, as  Kasaan  has  a close  and                                                               
personal  relationship to  its region  and the  land.   Mr. Olsen                                                               
recalled previous  testimony heard last  year created HJR  9, and                                                               
he restated Kasaan's support.   The resolution could be stronger,                                                               
and   could  stress   the  U.S.   government's  fiduciary   trust                                                               
responsibility in government-to-government  relationships that do                                                               
not  recognize   Tribes;  on  behalf  of   Alaska  Native  Tribal                                                               
citizens, he called  on the U.S. to enforce the  formation of the                                                               
International Joint  Commission under the Boundary  Waters Treaty                                                               
(BWT) of  1909.  Mr.  Olsen noted  BWT articles address  harm and                                                               
potential harm;  however, the Tulsequah  Chief mine  is polluting                                                               
the Taku  River watershed,  the Brucejack  mine may  be affecting                                                               
the  Unuk  River, and  the  Red  Chris  mine is  threatening  the                                                               
Stikine River.   Mr. Olsen  pointed out  it is time  to implement                                                               
BWT  on the  Alaska/Canada  border.   Referring  to testimony  on                                                               
4/12/17  from misleading  witnesses, he  clarified that  a treaty                                                               
between two  countries with federal governments  requires federal                                                               
enforcement,  but  that is  not  federal  overreach.   Mr.  Olsen                                                               
suggested greed leads  to selling out the health  of thousands of                                                               
Alaskans.  He  concluded that the loss  of a way of  life on this                                                               
side  of  the  border  should  not merely  be  a  cost  of  doing                                                               
5:15:50 PM                                                                                                                    
BRIAN  LYNCH, spokesperson,  Rivers Without  Borders, stated  his                                                               
support for HJR 9.  He said  he is a retired Alaska Department of                                                               
Fish  & Game  (ADFG)  commercial  fisheries management  biologist                                                               
with  30  years'  experience  in Southeast  Alaska,  and  is  now                                                               
working part-time for Rivers Without  Borders.  He said the issue                                                               
addressed  by HJR  9  is  not about  the  management of  Alaska's                                                               
resources, but  is one of  ensuring that activities on  the other                                                               
side of the  international border do not  harm Alaska's resources                                                               
and industries.   Furthermore, "HJR 9 has nothing to  do with the                                                               
Alaska mining industry or how  we manage our resources," he said.                                                               
Federal involvement  would complement  the SOC and,  although the                                                               
Alaska  congressional  delegation  has strongly  opposed  federal                                                               
overreach  on other  issues,  Alaska's  senators and  congressman                                                               
support federal intervention  in this issue.   Mr. Lynch recalled                                                               
testimony  during previous  hearings  expressing greater  concern                                                               
for the  B.C. and Canadian  mining industry, than for  the Alaska                                                               
seafood industry  and thousands of  existing jobs.  In  fact, the                                                               
economic  lifeblood of  Petersburg is  the seafood  industry, and                                                               
mine  contamination  from  any of  the  transboundary  watersheds                                                               
would  have significant  and devastating  impacts on  Petersburg,                                                               
all Southeast  Alaska, and beyond.   Mr. Lynch pointed  out river                                                               
estuaries   support  crab   and  halibut   fisheries  which,   if                                                               
contaminated by  toxic materials from  a mine disaster,  would be                                                               
difficult  or impossible  to clean  up as  demonstrated following                                                               
the  2015 Samarco  mine disaster  in  Brazil.   He described  how                                                               
fisheries in the Gulf of Alaska  and Bering Sea could be impacted                                                               
if  any transboundary  king salmon  stocks are  listed under  the                                                               
Endangered Species  Act (ESA) as  a result of a  mining disaster.                                                               
Mr.  Lynch urged  the committee  to remember  that the  financial                                                               
impacts  of  a  mine  disaster could  be  very  extensive,  which                                                               
explains why enforceable financial  assurances, backed by federal                                                               
involvement, are absolutely necessary.                                                                                          
5:19:23 PM                                                                                                                    
KAREN MATTHIAS,  executive director, Council of  Alaska Producers                                                               
(CAP),  informed  the  committee  CAP  is  a  statewide  business                                                               
association  representing large  metal  mines  and some  advanced                                                               
projects  in  Alaska;  CAP   promotes  economic  opportunity  and                                                               
environmentally sound  mining practices.   Ms. Matthias  said she                                                               
also  represents  CAP  on  the  [State  of  Alaska  Transboundary                                                               
Working Group].  Recognizing the  need to protect and enhance the                                                               
shared  environment, CAP  supports  dialogue  between Alaska  and                                                               
B.C. on  development in  B.C. along rivers  flowing from  B.C. to                                                               
Alaska.   The state has sought  to deepen the existing  levels of                                                               
communication  and cooperation  between Alaska  and B.C.  through                                                               
outreach  to   stakeholder  groups,  which  has   resulted  in  a                                                               
Memorandum   of   Understanding   (MOU)  and   SOC,   which   she                                                               
characterized as  "the starting  point for  greater collaboration                                                               
between the province  and the state, in fact,  the technical work                                                               
has already  begun."   Ms. Matthias  encouraged the  committee to                                                               
request   an  update   from  the   Department  of   Environmental                                                               
Conservation (DEC),  the Department  of Natural  Resources (DNR),                                                               
and ADFG on  this subject, and to obtain comparisons  of B.C. and                                                               
Alaska  [mine] permitting.   She  stated  CAP is  not opposed  to                                                               
federal involvement,  but questioned whether  federal involvement                                                               
would provide  timely or  meaningful results,  and urged  for the                                                               
committee to amend  the resolution to recognize the  value of the                                                               
SOC,  the  work  of  the  technical group,  and  the  efforts  of                                                               
Lieutenant  Governor Mallott  to ensure  Alaska state  regulators                                                               
have  meaningful  access  to  and  influence  on  the  regulatory                                                               
process in B.C.                                                                                                                 
5:21:38 PM                                                                                                                    
GRAHAM NEALE  said he is  a miner,  an educator, and  a volunteer                                                               
who has  been involved  in resources  in Alaska  and B.C.  for 20                                                               
years.  As  a Canadian, he lives in Southeast  Alaska, works in a                                                               
dynamic industry,  and enjoys fishing.   He stressed  that Canada                                                               
is  generally  respected  worldwide   as  a  responsible  nation;                                                               
regarding  this issue,  there exists  a working  relationship, an                                                               
open dialogue, and  an MOU and SOC between B.C.  and Alaska which                                                               
were  culminated in  two  years.   Furthermore,  the Minister  of                                                               
Energy  and Mines,  B.C., Bill  Bennett, and  some proponents  of                                                               
projects  in B.C.,  have studied  modifications  and have  stated                                                               
that they  care what Alaskans  think even though they  don't have                                                               
to.  Mr.  Neale said members of his family  were affected by [the                                                               
tailings dam failure  at] Mount Polley, which  caused concern and                                                               
disgust, however, the  response to the event was a  stop to work,                                                               
an investigation, repercussions, and  a commitment "to be better,                                                               
which  you  can't  ask  much more  from,  from  your  neighboring                                                               
country."    From  an  historical   perspective,  he  opined  the                                                               
aforementioned response was an improvement  over past patterns of                                                               
mining that  were accepted -  on both sides  of the border  - one                                                               
hundred years  ago.  Mr. Neale  said his most important  point is                                                               
that as  a father who  hopes to fish with  his son, he  would not                                                               
work in an  industry or a jurisdiction that would  put his values                                                               
at risk."  In response to  Representative Birch, he said he would                                                               
submit his written testimony to the committee.                                                                                  
5:24:20 PMs                                                                                                                   
REPRESENTATIVE PARISH observed most of  the miners working at two                                                               
of the  five biggest mines  in Alaska  live in his  district, and                                                               
they work  hard for environmental  protection.  However,  he said                                                               
he is troubled by some of  the egregious mistakes made in Canada,                                                               
such  as at  the Tulsequah  Chief  and Mount  Polley mines,  when                                                               
compared to practices  at Kensington and Greens Creek  mines.  He                                                               
directed  attention  to  [a  document  in  the  committee  packet                                                               
entitled,  "Auditor General's  Comments,"  and  dated May  2016].                                                               
Representative Parish asked what is  being done to strengthen the                                                               
committee's level of confidence [in Canada's policies].                                                                         
MR.  NEALE said  he cannot  testify on  behalf of  a nation  or a                                                               
province; however,  early mining  practices left  legacy concerns                                                               
from activities that occurred while  the industry provided modern                                                               
conveniences,   and   before   environmental   regulations   were                                                               
established.   What was learned  from Mount Polley is  that there                                                               
are repercussions  and a commitment  to improve.  In  response to                                                               
Co-Chair Tarr, he said he is  in favor of the diplomatic policies                                                               
that  are currently  in place  between  Alaska and  B.C., and  is                                                               
neutral on HJR 9.                                                                                                               
5:27:10 PM                                                                                                                    
LAURA STATS  said she  is representing  herself, her  family, and                                                               
extended  family  members  who  work in  the  commercial  fishing                                                               
industry in Southeast Alaska.  She  opined an Alaskan need not be                                                               
a fisherman  to understand the  bounty of salmon, and  the marine                                                               
ecosystem.  Residents of Alaska  witness returning salmon, seals,                                                               
sea  lions, whales,  and  other marine  life,  and in  Southeast,                                                               
residents witness rare sights.   A generation ago, Lynn Canal and                                                               
Chatham  Strait were  filled with  herring, and  herring roe  was                                                               
harvested  - but  no  longer.   She  stressed  the importance  of                                                               
stewardship of Alaska's rare and  abundant environment, and urged                                                               
the  committee  to  vote in  favor  of  HJR  9.   Due  to  budget                                                               
deficits, Alaska is  at a crossroad, and it is  in Alaskans' best                                                               
interest  to protect  the environment  and thereby  encourage the                                                               
robust continuation of salmon stocks and the economy.                                                                           
5:29:29 PM                                                                                                                    
GUY  ARCHIBALD, Coordinator,  Mining and  Clean Water,  Southeast                                                               
Alaska Conservation Council (SEACC),  said he is an environmental                                                               
chemist  and microbiologist  with  20 years  of  experience.   He                                                               
referred to  a 2016 report  by Bowker and Chambers  [document not                                                               
provided] and  said the  report shows that  "these very  types of                                                               
modern mines,  due to exploiting  very low-grade ores  and having                                                               
to go at an economy of scale,  actually fail at a higher rate and                                                               
more   catastrophically  than   smaller,  older   legacy  mines."                                                               
Further,  BC Hydro  and  Power Authority  (BC  Hydro), which  was                                                               
built to  power certain  mines, is  $18 billion  in debt,  and he                                                               
posited the Province of B.C. is  "betting the bank on these mines                                                               
being developed  and, and going  into production."   Referring to                                                               
expert  testimony  and  [a  document   in  the  committee  packet                                                               
entitled, "Auditor General's Comments,"  and dated May 2016], Mr.                                                               
Archibald  opined B.C.  was to  move away  from watered  tailings                                                               
facilities, but six months after  the Mount Polley [tailings dam]                                                               
disaster, B.C. permitted the Red  Chris [mine] tailings facility,                                                               
which is  a watered  tailings facility,  and the  Brucejack [gold                                                               
mine  project]  that  will  store  tailings  underwater.    Other                                                               
proposed  mines,  including the  Kerr-Sulpherets-Mitchell  (KSM),                                                               
Schaft  Creek, and  Galore Creek  mines, have  not changed  their                                                               
plans   of  operation   to  move   away  from   watered  tailings                                                               
facilities.   Mr. Archibald acknowledged  B.C. has  modified some                                                               
of its  practices as follows:   formed a nonbinding  review board                                                               
to  review  tailings designs;  now  requires  mines to  submit  a                                                               
management plan;  now requires  mines to  give an  annual report;                                                               
created  a web  site.   He closed,  expressing concern  about the                                                               
idea that federal  involvement might be too  little/too late, and                                                               
pointed out that the KSM mine, proposed to mine the largest ore-                                                                
body in  the world,  has a  post-closure operating  plan covering                                                               
200 years.  He said, "I  think the federal government can have an                                                               
impact sometime between now and 200 hundred years from now."                                                                    
5:33:06 PM                                                                                                                    
CO-CHAIR JOSEPHSON  questioned whether  the KSM  mine has  a 200-                                                               
year lifespan.                                                                                                                  
MR.  ARCHIBALD explained  the  operating plan  is  mining for  52                                                               
years,  and active  water treatment  and post-closure  activities                                                               
for 200  years, which is  the maximum time-period for  the plan's                                                               
predictive model.   The rate of water treatment  would be 119,000                                                               
gallons per minute discharged into  the Unuk River for 200 years.                                                               
He said he wondered why  industry associations are opposed to the                                                               
tools and expertise federal agencies would provide.                                                                             
REPRESENTATIVE  DRUMMOND  asked  for an  alternative  to  watered                                                               
tailings storage.                                                                                                               
MR. ARCHIBALD said one alternative is  a dry stack as utilized by                                                               
Greens Creek  mine on  Admiralty Island.   The  "technical panel"                                                               
recommended  that  safety,  and  not  economics,  should  be  the                                                               
"driver"  behind tailings  dam  design;  currently, tailings  dam                                                               
design  is   based  on  three  considerations:     economics  and                                                               
financial  feasibility,  environmental  impacts, and  impacts  to                                                               
society.  Although  water did not cause the dam  failure at Mount                                                               
Polley, the  water mobilized the  tailings, thus more  damage was                                                               
caused than if the tailings were dry stacked.                                                                                   
5:36:06 PM                                                                                                                    
DEANTHA CROCKETT,  Executive Director, Alaska  Miners Association                                                               
(AMA),  informed  the committee  AMA  is  the professional  trade                                                               
association  for  Alaska's  mineral  industry,  mines  large  and                                                               
small,  and  has branches  in  eight  locations statewide.    She                                                               
directed attention to  a letter in the committee  packet from AMA                                                               
dated 3/15/17, which addressed "the  first version" of HJR 9, and                                                               
that noted  the collaboration between  the state and B.C.  led to                                                               
the MOU  and SOC agreed upon  by the two governments,  and to the                                                               
beginning of  technical work  to further  collaboration.   At the                                                               
time  of the  letter, AMA  suggested the  resolution reflect  the                                                               
aforementioned  advancements by  which  to  address any  concerns                                                               
regarding  transboundary  mining.   However,  HJR  9, Version  B,                                                               
includes   new   language   insisting   on   federal   government                                                               
intervention,  in addition  to the  ongoing  collaboration.   Ms.                                                               
Crockett  expressed  surprise  that   the  legislature  would  be                                                               
requesting  federal overreach  into  the  management of  Alaska's                                                               
natural  resources,   and  the   regulatory  management   of  its                                                               
resources.   Instead,  she said,  the legislature  should support                                                               
Alaska's  collaboration  and  the  regulatory  mission  of  state                                                               
agencies,   and  thereby   avoid   compromising  the   formalized                                                               
collaboration.     Results   from  collaboration   by  Lieutenant                                                               
Governor  Mallott   and  B.C.   officials  include   the  state's                                                               
participation on  the mining review  committee for  the Brucejack                                                               
and KSM projects,  and demonstrates that the  two governments are                                                               
working to  address common  interests and  to protect  waters and                                                               
fisheries.    Ms.  Crockett concluded  that  asking  for  federal                                                               
involvement  is  unnecessary  and  cedes  Alaska's  authority  to                                                               
manage its resources to the federal government.                                                                                 
5:38:25 PM                                                                                                                    
CO-CHAIR  JOSEPHSON, after  ascertaining  no one  else wished  to                                                               
testify, closed  public testimony,  and before the  committee was                                                               
CSHJR 9(FSH).                                                                                                                   
REPRESENTATIVE PARISH  expressed his  support for  the resolution                                                               
and  opined  the resolution  does  not  undercut the  efforts  of                                                               
Lieutenant  Governor   Mallott,  nor  of  the   State  of  Alaska                                                               
Transboundary Working  Group.  Returning attention  to a document                                                               
[in the committee packet  entitled, "Auditor General's Comments,"                                                               
and dated May 2016], that  revealed B.C. regulatory failures such                                                               
as the catastrophe at Mount  Polley and the ongoing contamination                                                               
of salmon waters by the Tulsequah  Chief mine, he said Alaska has                                                               
stringent  expectations of  its mines,  and its  expectations are                                                               
met  because  of  robust regulatory  authority.    Representative                                                               
Parish cautioned that lower bonding,  lower expectations, and lax                                                               
enforcement   from  Alaska's   Canadian  neighbors   puts  Alaska                                                               
fisheries at risk.                                                                                                              
REPRESENTATIVE  BIRCH  urged  the  committee  to  recognize  that                                                               
government  officials from  Alaska and  B.C. are  working closely                                                               
together   toward   resolving   the  issues   under   discussion;                                                               
furthermore, Alaska and B.C. share  a large economic component in                                                               
a  successful river  system.   He  said he  agreed with  previous                                                               
testimony  from  those  expressing  concern  about  inviting  the                                                               
federal  government  to  take  the  lead  in  the  management  of                                                               
Alaska's resources.                                                                                                             
REPRESENTATIVE  JOHNSON asked  if  there are  any rivers  flowing                                                               
from Alaska into  Canada that would be  affected by transboundary                                                               
CO-CHAIR JOSEPHSON said no.                                                                                                     
CO-CHAIR  TARR expressed  her support  for the  resolution, which                                                               
she characterized  as a  preventative measure.   She  agreed that                                                               
the resolution would not detract  from ongoing collaboration, and                                                               
pointed  out the  only legally  binding agreement  between Alaska                                                               
and B.C. must come from the federal governments.                                                                                
REPRESENTATIVE   DRUMMOND   expressed   her   support   for   the                                                               
5:44:25 PM                                                                                                                    
REPRESENTATIVE JOHNSON  directed attention  to the  resolution on                                                               
page 2, lines 15-17, which read:                                                                                                
     WHEREAS     the    federal-provincial     environmental                                                                    
     assessment  process  does  not address  the  long-term,                                                                    
     cumulative  effects of  industrial  development in  the                                                                    
     transboundary region; and                                                                                                  
REPRESENTATIVE  JOHNSON  asked  for   more  information  on  "the                                                               
federal-provincial environmental assessment process."                                                                           
5:45:46 PM                                                                                                                    
JILL  WEITZ, spokesperson,  Salmon Beyond  Borders, explained  in                                                               
2012, the  Harper Administration [Stephen Harper,  Prime Minister                                                               
of Canada  from 2/6/06 to  11/4/15] removed a  stipulation within                                                               
Canada's  environmental  assessment   process  that  suggested  a                                                               
project  leaving its  jurisdictional boundaries  would require  a                                                               
federal environmental assessment.                                                                                               
REPRESENTATIVE JOHNSON  asked for a reference  to said assessment                                                               
MS. WEITZ said she believed  the relevant reference is to section                                                               
36 of the  Canadian Environmental Assessment Act;  section 36 was                                                               
removed from the Act during the Harper Administration.                                                                          
REPRESENTATIVE JOHNSON  directed attention  to the  resolution on                                                               
page 2, lines 5-9, which read:                                                                                                  
     WHEREAS the  proposed mines would generate  billions of                                                                    
     tons of  acid-generating tailings, which would  be held                                                                    
     behind  huge dams  and could  pose the  threat of  acid                                                                    
     rock drainage for centuries, if not in perpetuity; and                                                                     
     WHEREAS   the    tailings   would    need   monitoring,                                                                    
     maintenance, water treatment,  and possible remediation                                                                    
     for centuries, if not in perpetuity; and                                                                                   
REPRESENTATIVE JOHNSON asked whether the  mine plans are on file.                                                               
In response to a request  to clarify her question, Representative                                                               
Johnson remarked:                                                                                                               
     So, it's the State of  Alaska making a statement saying                                                                    
     that ...  [the mines]  would generate billions  of tons                                                                    
     of  acid-generating  tailings,  ... and  I'm  wondering                                                                    
     where the facts come from.                                                                                                 
5:50:25 PM                                                                                                                    
MS. WEITZ confirmed  that the projects have plans  that have been                                                               
reviewed by the  Department of Natural Resources (DNR)  - as well                                                               
as  independent  scientists  - regarding  the  permitting  review                                                               
process and mines in operation.                                                                                                 
CO-CHAIR JOSEPHSON  inquired as to  whether Ms. Weitz  can attest                                                               
to have  reviewed evidence supporting  the resolution on  page 2,                                                               
lines 5-7,  and that many  mines would generate billions  of tons                                                               
of acid-generating tailings.                                                                                                    
MS. WEITZ said yes.                                                                                                             
CO-CHAIR JOSEPHSON  understood it  is "well-known" that  a large-                                                               
scale, open-pit mine poses some  threat of acid-rock drainage and                                                               
must  be  monitored   for  a  long  period  of   time,  which  is                                                               
acknowledged in mine operating plans.                                                                                           
MS. WEITZ  advised every  mining plan is  different and  thus she                                                               
would not  generalize.  Mining  plans identify mine life  and the                                                               
proposed  water  treatment;  for  example, the  KSM  Project  has                                                               
projected 200 years of water treatment.                                                                                         
REPRESENTATIVE JOHNSON remarked:                                                                                                
     ...  I  have to  be  aware  that  what we  expect  from                                                                    
     upstream in Canada  we should be very  much prepared to                                                                    
     do upstream ...  in Alaska as far as  any drainage. ...                                                                    
     I  understand ...  this  is just  a  resolution, but  I                                                                    
     think  it's  important  to remember  it's  a  statement                                                                    
     that, that is ... still  action of the legislature. ...                                                                    
     It  seems like,  a little  bit like  hyperbole when  we                                                                    
     say,  when we  start talking  about what  could happen.                                                                    
     We know a lot of things could happen.                                                                                      
REPRESENTATIVE  JOHNSON  asked  Representative  Ortiz  if  Alaska                                                               
would want the resolution applied to it as well [as to Canada].                                                                 
5:53:55 PM                                                                                                                    
REPRESENTATIVE   ORTIZ  said   absolutely.      He  agreed   that                                                               
international water  treaties and agreements work  both ways, and                                                               
potential   cooperation  leading   to   agreements  between   the                                                               
governments of  Canada and  the U.S. would  be binding,  which is                                                               
commonly accepted.                                                                                                              
REPRESENTATIVE JOHNSON  directed attention  to the  resolution on                                                               
page 1, lines 12 and 13, which read:                                                                                            
     WHEREAS  large-scale  mining  in  British  Columbia  is                                                                    
     experiencing unprecedented  and rapid  expansion within                                                                    
     the Taku, Stikine, and Unuk watersheds; and                                                                                
REPRESENTATIVE   JOHNSON   questioned   whether   the   foregoing                                                               
statement is true.                                                                                                              
REPRESENTATIVE ORTIZ  said the  mines are  now being  proposed in                                                               
large numbers, and they are big  mines that did not exist before.                                                               
The specific purpose of building  [BC Hydro] is to provide energy                                                               
to the new mines, and he  said, "On the Canadian side, they're at                                                               
this point now where they  see it's to their benefit economically                                                               
to  develop,  to  develop  these  mines now  ...."    In  further                                                               
response to  Representative Johnson,  he stressed  the resolution                                                               
addresses proposed mines that would  potentially affect the Taku,                                                               
Stikine, and Unuk watersheds.                                                                                                   
There   followed  a   brief  discussion   on  the   character  of                                                               
resolutions in general.                                                                                                         
REPRESENTATIVE PARISH clarified  that a few rivers  in the Arctic                                                               
National  Wildlife Refuge  flow northeast,  but they  are outside                                                               
the scope of HJR 9.                                                                                                             
5:58:30 PM                                                                                                                    
CO-CHAIR TARR  moved to  report [CSHJR  9(FSH)] out  of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.  There  being no objection, CSHJR 9(FHS)  was reported from                                                               
the House Resources Standing Committee.                                                                                         
5:58:47 PM                                                                                                                    
The committee took an at-ease from 5:58 p.m. to 6:01 p.m.                                                                       
        HB 211-NONRESIDENT HUNTING REQUIREMENTS: CARIBOU                                                                    
6:01:52 PM                                                                                                                    
CO-CHAIR  JOSEPHSON announced  that  the next  order of  business                                                               
would be HOUSE  BILL NO. 211, "An Act requiring  a nonresident to                                                               
be accompanied  by a  guide or resident  spouse or  relative when                                                               
hunting certain caribou; and providing for an effective date."                                                                  
6:02:21 PM                                                                                                                    
REPRESENTATIVE  WESTLAKE,  speaking as  the  sponsor  of HB  211,                                                               
informed  the  committee  the  bill   is  about  more  than  game                                                               
management  unit (GMU)  23, but  addresses the  migrating caribou                                                               
herds - wherever they traverse -  to perpetuate the health of the                                                               
herds.  He paraphrased from the sponsor statement as follows:                                                                   
     House  Bill  211  affords Alaskans  an  opportunity  to                                                                    
     harvest  vital  subsistence  resources  while  allowing                                                                    
     nonresident hunters,  without a  second degree  of kin,                                                                    
     to  hunt  through  requiring  a  licensed  professional                                                                    
     guide  in order  to take  a caribou  any of  these four                                                                    
     arctic   herds:   Western   Arctic,   Central   Arctic,                                                                    
     Porcupine, and Teshekpuk.                                                                                                  
     The Central  Arctic Herd population  has fallen  by 69%                                                                    
     since 2010 while the Western  Arctic Herd has decreased                                                                    
     by  41%  since  2003.  With  no  definitive  cause  yet                                                                    
     determined for  the population  decline, now  more than                                                                    
     ever  is  the  time   to  take  extra  precaution  when                                                                    
     managing these  herds, which are a  vital resource that                                                                    
     many rural communities depend on for subsistence.                                                                          
     Recently,  game  management  unit  23  has  experienced                                                                    
     over-harvesting issues  and hunting has  been federally                                                                    
     closed to anyone  that does not reside in  the area. It                                                                    
     is my hope that by  requiring nonresident hunters to be                                                                    
     accompanied by  a licensed guide  who is  familiar with                                                                    
     the areas  and migration patterns of  these magnificent                                                                    
     herds, the need  for game unit closures  similar to the                                                                    
     one in 23 will be prevented.                                                                                               
REPRESENTATIVE WESTLAKE  advised brown bear, sheep,  and goat all                                                               
have  guide  requirements  because  of the  inherent  dangers  of                                                               
hunting,  and the  need  for guide  requirements  for caribou  is                                                               
sought  to avoid  conflicts with  local residents,  the need  for                                                               
hunters to  be familiar with  the territory, and respect  for the                                                               
resource.   Furthermore, guides would  have a vested  interest to                                                               
not  disrupt  caribou  migration   patterns.    He  advised  that                                                               
subsequent  to the  closure of  GMU 23  - due  to the  decline in                                                               
caribou - the subsistence harvest,  the resident harvest, and the                                                               
guided  resident  harvest   declined;  however,  the  nonresident                                                               
unguided -  or transporter -  harvest increased.   Representative                                                               
Westlake pointed out  that in Canada, the  Porcupine Caribou Herd                                                               
is managed with  guide requirements for nonresidents,  and HB 211                                                               
would  bring Alaska's  caribou regulations  "just  in line  [with                                                               
Canada] and  looking at  a successful model."   He  concluded the                                                               
bill is a vision for the last great herd in America.                                                                            
REPRESENTATIVE  BIRCH asked  for information  related to  caribou                                                               
herd population decline, herd management, and statistics.                                                                       
6:08:02 PM                                                                                                                    
BRUCE DALE,  director, Division of Wildlife  Conservation, Alaska                                                               
Department of Fish  & Game, said the herds represented  in HB 211                                                               
have mixed histories.  The  Western Arctic Herd has declined from                                                               
500,000  to 200,000  due to  a combination  of factors  including                                                               
nutrition, weather,  and age structure,  and at the  current rate                                                               
will  further decline  substantially;  however, in  the last  two                                                               
years  there have  been  good  signs such  as  good calf  cohorts                                                               
[groups], good  body condition, and  better pregnancy rates.   He                                                               
said  ADFG  has  concerns  about  both the  herd  and  the  local                                                               
residents.   In its last  major decline, the Western  Arctic Herd                                                               
declined to about  75,000; in fact, in the early  '70s there were                                                               
250,000 caribou in the state, and now there are about 750,000.                                                                  
REPRESENTATIVE BIRCH recalled  there was a wanton  waste issue in                                                               
the  region at  one  time;  he asked  for  the  level of  hunting                                                               
pressure on the caribou, in general.                                                                                            
MR. DALE stated hunting did not  cause the caribou decline.  With                                                               
the population  now at  200,000, hunting  needs to  be restricted                                                               
through  actions by  the Board  of  Game, ADFG,  and the  Federal                                                               
Subsistence  Board, U.S.  Department of  the Interior.   He  said                                                               
"...  on the  other extreme,  the  Porcupine herd  is at  200,000                                                               
caribou and it's  as big as it  has ever been.  East  of that, in                                                               
Canada, herds  have declined catastrophically."   [ADFG]  is also                                                               
investigating the  declines of the  Central Arctic  and Teshekpuk                                                               
herds.   In further  response to  Representative Birch,  Mr. Dale                                                               
explained calving  occurs in the  north and northwest,  and herds                                                               
migrate to the south to spend winter in the boreal forest.                                                                      
6:12:06 PM                                                                                                                    
REPRESENTATIVE  PARISH asked  for  the  potential ecological  and                                                               
economic impacts of the bill.                                                                                                   
MR.  DALE  advised the  ecological  impact  would be  very  small                                                               
because the nonresident harvest is  a small component for most of                                                               
the  herds.   He  was  unsure  of  the  economic impact,  but  he                                                               
estimated that  80 percent of  nonresidents hunt  without guides,                                                               
thus the bill may cause a  reduction in the number of nonresident                                                               
harvests;  as a  result of  the  federal closure,  the number  is                                                               
REPRESENTATIVE PARISH concluded there would  be a decrease in the                                                               
overall number  of nonresident  hunters, and  an increase  in the                                                               
number of guided hunts.                                                                                                         
MR.  DALE agreed,  but said  the degree  of decrease/increase  is                                                               
6:14:19 PM                                                                                                                    
REGGIE JOULE  stated his support  for HB  211, and said  the bill                                                               
addresses several issues, such as  a declining herd and many user                                                               
conflicts in certain areas.   Mr. Joule opined relegating out-of-                                                               
state  hunters to  guided hunts  would have  a small  impact, but                                                               
would  make   a  difference.     He  suggested  the   subject  of                                                               
transporters  before the  [Big  Game  Commercial Services  Board,                                                               
Department of  Commerce, Community  & Economic Development]  is a                                                               
larger  and  difficult  issue,  but a  close  look  reveals  that                                                               
[funding]  resources are  needed to  manage [natural]  resources.                                                               
He remarked:                                                                                                                    
     Currently, the  situation is, at  least in  the Western                                                                    
     Arctic Caribou  Herd, local  residents were  allowed to                                                                    
     hunt fifteen  a day,  every day of  the year  - fifteen                                                                    
     caribou - we're down to five.   Now, we make that work.                                                                    
     And,  there were  no  closed seasons  at  one point  in                                                                    
     time, and  now we  have closed  seasons for  both bulls                                                                    
     and  cows  at various  times  of  the year,  when  it's                                                                    
     appropriate.     And  people  are  making   that  work:                                                                    
     everybody  is giving  in a  little bit  here.   And the                                                                    
     local residents certainly understand that.                                                                                 
MR. JOULE, as  an aside, observed predators - wolves  and bears -                                                               
are out  of control.  He  concluded that HB 211  would impact the                                                               
local  economy,  but  Alaska  residents  would  be  able  to  use                                                               
transporters  and provide  for their  families.   In response  to                                                               
Representative  Birch,  he  said   his  experience  is  that  the                                                               
population of the herd has  declined to a combination of factors:                                                               
predators are more  successful in years of low  snow, and hunters                                                               
are responsible  for taking  less than  30,000 out  of a  herd of                                                               
250,000.    Therefore,  all  [conservation]  measures  should  be                                                               
carefully considered.                                                                                                           
6:20:38 PM                                                                                                                    
PAUL  (CHRIS) MCKEE,  Supervisor,  Wildlife  Division, Office  of                                                               
Subsistence   Management,  Fish   and   Wildlife  Service,   U.S.                                                               
Department of  the Interior, informed  the committee  the Federal                                                               
Subsistence Board closed GMU 23  to non-federally qualified users                                                               
from  [7/1/16 to  6/30/17],  and has  received  a special  action                                                               
request submitted  by the  Northwest Arctic  Subsistence Regional                                                               
Advisory  Council, Federal  Subsistence Management  Program, U.S.                                                               
Department  of  the Interior,  seeking  another  closure for  the                                                               
upcoming  year.   If approved,  GMU 23  would remain  closed from                                                               
7/1/17 to 6/30/18.  He said  his staff is responsible for writing                                                               
the analysis  of the request for  closure, but he was  unsure how                                                               
the board  would rule,  and expressed his  intent to  provide the                                                               
analysis  in a  timely manner  so that  the board  can issue  its                                                               
decision  prior  to  hunting  season.    Also,  the  North  Slope                                                               
Subsistence  Regional   Advisory  Council,   Federal  Subsistence                                                               
Management Program, U.S. Department  of the Interior, submitted a                                                               
special action request  to close caribou hunting in  GMUs 26A and                                                               
26B to non-federally  qualified users as well.   If both requests                                                               
are approved, all of GMU 23 and  all of GMUs 26A and 26B would be                                                               
closed to  non-federally qualified users,  including nonresidents                                                               
and  nonrural Alaska  residents.   Mr.  McKee added  that a  U.S.                                                               
Department  of the  Interior interagency  group  meeting will  be                                                               
held  [4/17/17],  attended  by  representatives  of  the  Federal                                                               
Subsistence Management  Program, the  National Park  Service, the                                                               
Bureau of Land Management, the  Bureau of Indian Affairs, and the                                                               
U.S.   Fish  and   Wildlife  Service,   and   also  attended   by                                                               
representatives from  ADFG, all of  whom will seek ways  to avoid                                                               
unit-wide  closures.   He expressed  hope  that participants  can                                                               
"come up with  some options that can avoid, you  know, having all                                                               
of  unit  23 closed  out,  so  that's  kind  of where  we're  at,                                                               
currently, on the federal side."                                                                                                
6:25:08 PM                                                                                                                    
CO-CHAIR JOSEPHSON opened public testimony.                                                                                     
6:25:23 PM                                                                                                                    
AL BARRETTE said  mandatory guiding is not, and should  not be, a                                                               
tool  used  to  limit  nonresident  hunting  opportunities.    He                                                               
stressed that  this purpose is not  the intent - or  the reason -                                                               
mandatory guiding  is in statute.   He directed attention  to the                                                               
bill on page 1, line 1, which read [in part]:                                                                                   
     "An Act requiring a nonresident to be accompanied by a                                                                     
       guide or resident spouse or relative when hunting                                                                        
MR. BARRETTE opined  "spouse or relative" should  read, "a second                                                               
degree  of  kindred," which  is  defined  in  statute.   He  then                                                               
directed attention to page 1, lines 12-14 which read [in part]:                                                                 
      ... misdemeanor and upon conviction is punishable by                                                                      
     imprisonment for not more than one year, or by a fine                                                                      
     of not more than $5,000, or by both.                                                                                       
MR. BARRETT urged  for this language in the bill  to comport with                                                               
proposed  HB  129  or  proposed  SB  60.    Lastly,  he  directed                                                               
attention to page 2, lines 9-12 which read:                                                                                     
          (g) In  addition to the  animals listed  under (a)                                                                    
     of this  section, it is  unlawful for a  nonresident to                                                                    
     hunt,  pursue,  or  take caribou  from  the  Porcupine,                                                                    
     Central Arctic, or Western  Arctic caribou herds unless                                                                    
     the  nonresident  is accompanied  by  a  person who  is                                                                    
     qualified under the terms of (a) of this section.                                                                          
MR.  BARRETT  pointed  out the  bill  stipulates  the  Porcupine,                                                               
Central  Arctic,   and  Western  Arctic  caribou   herds  and  he                                                               
questioned   how  -   for  enforcement   purposes  -   one  would                                                               
distinguish a Teshekpuk caribou from  a Western Arctic caribou or                                                               
others as the  Teshekpuk herd lies in between  the Western Arctic                                                               
and [Central Arctic] herds.                                                                                                     
6:27:54 PM                                                                                                                    
MARK RICHARDS,  Executive Director,  Resident Hunters  of Alaska,                                                               
referred  to written  testimony from  Resident Hunters  of Alaska                                                               
dated [4/10/17] in opposition to  HB 211 [document not provided].                                                               
He said Resident Hunters of  Alaska believes only the legislature                                                               
should have  the authority  to add  to the  list of  species that                                                               
must  be  guided  under  AS  16.05.407 and  AS  16.05.408.    Mr.                                                               
Richards informed the  committee the Board of  Game (BOG), Alaska                                                               
Department  of Fish  & Game,  without  legislative approval,  has                                                               
added  moose and  black  bear  to the  list  of  "must be  guided                                                               
species"  in  some  areas.    This action  in  the  Interior  has                                                               
restricted   resident   opportunities    for   the   purpose   of                                                               
guaranteeing an  allocation to  guides.   As has  been previously                                                               
stated,  all  nonlocal  federally qualified  subsistence  hunters                                                               
have  been prohibited  from hunting  the Western  Arctic Herd  on                                                               
federal  lands in  GMU  23, including  all  nonresidents and  all                                                               
Alaskans  who do  not live  in  the region.   At  the recent  BOG                                                               
meeting in Fairbanks, the board  severely reduced seasons and bag                                                               
limits  in  the  Central  Arctic Herd,  for  both  residents  and                                                               
nonresidents,  which  came  about  "via" a  Resident  Hunters  of                                                               
Alaska  proposal.   Further,  under  consideration  is a  federal                                                               
wildlife  special   action  request  to  restrict   all  nonlocal                                                               
federally qualified subsistence hunters  from hunting the Central                                                               
Arctic Herd on federal land.  Mr. Richards stated:                                                                              
     If the  intent of  this bill  is to  reduce nonresident                                                                    
     harvest when  caribou herds are in  steep decline, that                                                                    
     is  something Resident  Hunters of  Alaska agrees  with                                                                    
     and has  already been proposing  to the Board  of Game:                                                                    
     That in all cases, if  and when any wildlife population                                                                    
     is in  decline, and [residents'] needs  and opportunity                                                                    
     are going to  be restricted, we should  first reduce or                                                                    
     eliminate   all   nonresident  hunting   opportunities.                                                                    
     Those are  functions of  the Board  of Game,  which the                                                                    
     legislature  has given  authority  to  deal with  these                                                                    
     matters.   Requiring nonresidents  ... to hire  a guide                                                                    
     to  hunt  these  herds,  however, in  order  to  reduce                                                                    
     nonresident harvest,  is in no  way a solution  to less                                                                    
     nonresident hunting and harvest.   What this bill would                                                                    
     do  is create  a  new subsidy  to  guides, that  wasn't                                                                    
     there before, and we can't  use the current percentages                                                                    
     of unguided versus guided caribou  hunters on the North                                                                    
     Slope, and say that  those percentages would remain the                                                                    
     same should this bill pass.                                                                                                
6:31:11 PM                                                                                                                    
REPRESENTATIVE PARISH was unclear how  the bill would result in a                                                               
new subsidy for guides, although he  agreed it would result in an                                                               
increase  in  guided  hunts.    He  asked  whether  Mr.  Richards                                                               
expected the bill  would result in a reduction  to the allocation                                                               
for Alaska residents.                                                                                                           
MR. RICHARDS  answered the allocation  is a function of  BOG, and                                                               
there are  examples of BOG  actions that have added  new must-be-                                                               
guided species  resulting in restrictions on  residents, "because                                                               
the  board is  then beholden  to  provide that  allocation."   He                                                               
provided an  analogy.  Mr.  Richards clarified that  a guaranteed                                                               
client   base  is   the  subsidy.     In   further  response   to                                                               
Representative  Parish, he  said not  all contracting  guides are                                                               
Alaskans,  and  a  larger  percentage  of  assistant  guides  are                                                               
6:33:19 PM                                                                                                                    
JAKE  JACOBSON stated  he lives  in Kodiak  and Kotzebue,  and is                                                               
representing  himself  and  his  Alaskan  family  members.    Mr.                                                               
Jacobson said  he has hunted  and eaten caribou from  the Western                                                               
Arctic Herd  for 50  years and  has guided in  the region  for 45                                                               
years.  In the  '70s and '80s he worked for  ADFG, when there was                                                               
a focus on  caribou in GMUs 23  and 26.  In  1972, the population                                                               
of the  Western Arctic  Herd was estimated  at 242,000,  and ADFG                                                               
was concerned  that the  herd would  overgraze and  then decline;                                                               
therefore, the  department closed  areas on  the North  Slope and                                                               
elsewhere, and compared grazed tundra  with un-grazed tundra.  He                                                               
said  botanists noticed  no difference,  and there  was no  great                                                               
threat  of overgrazing  with a  herd size  at 242,000.   However,                                                               
ADFG remained  concerned and  opened the  hunting season  with no                                                               
limits, and allowed  [hunted] caribou to be sold -  and many were                                                               
- at  $35 per carcass.   Mr. Jacobson said  the herd is  now over                                                               
200,000,  the harvest  is estimated  at  12,000-15,000 for  local                                                               
subsistence users,  and at  500-600 for  nonlocals -  those being                                                               
transported  and  guided hunts.    The  harvest records  for  the                                                               
transported  and guided  hunts  are accurate,  and estimated  for                                                               
local harvest,  he added.   Mr.  Jacobson spoke  in favor  of the                                                               
bill and  agreed that the  language "relative" should  be clearly                                                               
defined as  "second degree  of kindred."   Furthermore,  the bill                                                               
would  reduce and  defuse user  conflicts  in GMU  23, and  would                                                               
restore resident  access to  caribou hunted  in GMU  23, provided                                                               
the federal  subsistence board does  not continue to  prevent all                                                               
but local  subsistence users access  to the  herd.  He  urged for                                                               
the passage of HB 211.                                                                                                          
6:36:41 PM                                                                                                                    
CO-CHAIR JOSEPHSON,  after ascertaining no one  further wished to                                                               
testify, closed public testimony.                                                                                               
[HB 211 was held over.]                                                                                                         
6:37:09 PM                                                                                                                    
CO-CHAIR JOSEPHSON passed the gavel to Co-Chair Tarr.                                                                           
                HB 177-AQUATIC INVASIVE SPECIES                                                                             
6:37:29 PM                                                                                                                    
CO-CHAIR TARR announced that the next order of business would be                                                                
HOUSE BILL  NO. 177,  "An Act  relating to  the response  to, and                                                               
control of,  aquatic invasive  species; establishing  the aquatic                                                               
invasive species response fund; and  relating to the provision of                                                               
information  about  aquatic  invasive  species to  users  of  the                                                               
Alaska marine highway system."                                                                                                  
CO-CHAIR  TARR  said  public testimony  was  opened  [during  the                                                               
hearing of HB 177 on 4/7/17] and remained open.                                                                                 
6:38:02 PM                                                                                                                    
TIM  STALLARD,  Chairperson,  Alaska Committee  for  Noxious  and                                                               
Invasive  Pest  Management  (CMPM),  which  is  the  professional                                                               
association for the  study and management of  invasive species in                                                               
Alaska,  expressed  CMPM's  support  of HB  177.    Mr.  Stallard                                                               
informed  the committee  invasive  species are  defined as  those                                                               
that  cause  harm  to natural  resources,  health,  and  economic                                                               
value; in fact,  across the U.S. invasive species  cause the loss                                                               
of  hundreds of  billions of  dollars each  year in  crop losses,                                                               
damage,  and  ecological  harm.    Alaska's  low  population  and                                                               
extreme  climate have  slowed the  arrival  and establishment  of                                                               
invasive  species, but  the state  needs to  be prepared  to take                                                               
rapid  action  when  necessary,  in   a  manner  similar  to  the                                                               
prevention of, and  quick response to, wildfires.   The intent of                                                               
the  bill is  to  allow  the Alaska  Department  of  Fish &  Game                                                               
(ADFG),  the Department  of Natural  Resources  (DNR), and  other                                                               
state agencies  to respond  quickly to  the presence  of invasive                                                               
species.   Mr. Stallard pointed  out additional  invasive species                                                               
vectors should  be addressed in  statute and regulation,  such as                                                               
watercraft  arriving via  land borders,  marine ports,  aircraft,                                                               
and  imported  material  and  equipment  with  access  to  Alaska                                                               
waterbodies.    Additional  issues   are  the  release  of  pets,                                                               
aquarium dumping,  illegal stocking, and the  instate movement of                                                               
boats  and  equipment.    Further, CMPM  seeks  to  ensure  state                                                               
agencies hold  authority to  write effective  regulations related                                                               
to  aquatic invasive  species.   He  expressed  concern that  the                                                               
Division of Agriculture, DNR, is  over five years behind updating                                                               
its  regulations  regarding  "the   noxious  weeds  list."    Mr.                                                               
Stallard  closed,  noting  that  Alaskans  rely  on  the  state's                                                               
natural resources for  food, work, and fun,  and invasive species                                                               
threaten the Alaska  way of life. He urged for  passage of HB 177                                                               
this session.                                                                                                                   
6:42:05 PM                                                                                                                    
ARTHUR KEYES,  director, Division  of Agriculture,  Department of                                                               
Natural Resources,  said the noxious  weed regulations  "are just                                                               
one  of many  of the  regulations that  we have  on our  plate to                                                               
update."   He said the  division is  looking to have  progress on                                                               
updating regulations this year.                                                                                                 
REPRESENTATIVE  PARISH   asked  for  an  approximate   number  of                                                               
trailers and vessels coming into the state annually.                                                                            
6:44:24 PM                                                                                                                    
MICHAEL NEUSSL, deputy commissioner,  Office of the Commissioner,                                                               
Alaska    Marine   Highway    System   (AMHS),    Department   of                                                               
Transportation & Public Facilities  (DOTPF) directed attention to                                                               
a written response  [in the committee packet  dated 4/10/17] that                                                               
included information  on traffic volumes entering  the state from                                                               
Bellingham, Washington  and Prince Rupert, British  Columbia.  He                                                               
said the traffic volumes include  vehicles other than boats.  The                                                               
definition  of boat  or watercraft  is nebulous  and may  include                                                               
kayaks, canoes, and personal watercraft  carried on vehicles that                                                               
are not tracked individually.                                                                                                   
CO-CHAIR TARR reported from  the aforementioned written response:                                                               
From Prince  Rupert, 77 port  calls and 2,753  vehicles embarked;                                                               
from Bellingham, 68 port calls and 5,689 vehicles embarked.                                                                     
MR. NEUSSL added AMHS does  track nonmotorized vehicles embarking                                                               
with  walk-on passengers  such as  bicycles, kayaks,  and canoes;                                                               
the total number  systemwide was 1,755 for  nonmotorized forms of                                                               
REPRESENTATIVE PARISH  reasoned from  the provided  response that                                                               
.3  percent  of  8,000  vehicles  embarked  would  be  about  240                                                               
trailers  entering the  state from  Prince Rupert  and Bellingham                                                               
during fiscal year 2015.                                                                                                        
MR.  NEUSSL   clarified  the  definition  of   trailers  includes                                                               
trailers  not  carrying  boats.   In  further  to  Representative                                                               
Parish,  he  expressed  his  belief  that  DOTPF  does  not  have                                                               
information on the number of boats entering the state on roads.                                                                 
6:48:00 PM                                                                                                                    
CO-CHAIR TARR closed public testimony.   Before the committee was                                                               
HB 177.                                                                                                                         
6:48:07 PM                                                                                                                    
CO-CHAIR TARR moved to adopt Amendment 1 which read:                                                                            
     Page 1, line 3:                                                                                                            
           Delete "users of the Alaska marine highway                                                                         
       Insert:    "certain    persons   registering    or                                                                     
     transporting boats"                                                                                                      
     Page 1, following line 4                                                                                                   
          Insert a new bill section to read:                                                                                    
        "*Section 1. AS 05.25.055 is amended by adding a                                                                      
     new subsection to read:                                                                                                    
               (j)  To the  extent possible,  the Department                                                                    
     of  Administration  shall  ensure  that  a  person  who                                                                    
     registers a  boat under this  section is  provided with                                                                    
     any  information relating  to aquatic  invasive species                                                                    
     that  has  been  published  in  pamphlet  form  by  the                                                                    
     Department of  Natural Resources  or the  Department of                                                                    
     Fish and Game."                                                                                                            
     Page 1, line 5:                                                                                                            
          Delete "Section 1                                                                                                   
          Insert "Sec. 2                                                                                                      
6:48:17 PM                                                                                                                    
CO-CHAIR JOSEPHSON objected for discussion purposes.                                                                            
CO-CHAIR TARR restated the bill  is creating infrastructure for a                                                               
rapid response fund to prevent  delays in the state's response to                                                               
the presence  of invasive  species.   Because prevention  is less                                                               
expensive than  treatment, Amendment 1 expands  the dissemination                                                               
of   prevention  information   to   include   not  only   persons                                                               
transporting  boats  via  AMHS,  but through  the  Department  of                                                               
Administration, and  thereby the  Division of Motor  Vehicles, to                                                               
those registering  a boat in  the state.   As an aside,  she said                                                               
floatplanes    are   regulated    by    the   Federal    Aviation                                                               
Administration, U. S. Department of Transportation.                                                                             
CO-CHAIR  JOSEPHSON  asked  whether  AMHS is  still  required  to                                                               
educate and inform.                                                                                                             
CO-CHAIR  TARR  said yes;  individuals  traveling  on AMHS  would                                                               
receive  information, and  individuals registering  a boat  would                                                               
receive information from the Division of Motor Vehicles.                                                                        
6:52:03 PM                                                                                                                    
CO-CHAIR JOSEPHSON withdrew his objection.                                                                                      
6:52:11 PM                                                                                                                    
REPRESENTATIVE  DRUMMOND  objected.   She  asked  where the  bill                                                               
directs AMHS to provide information to passengers with boats.                                                                   
CO-CHAIR TARR directed attention to the  bill on page 3, lines 4-                                                               
10, which read:                                                                                                                 
      *Sec. 2. AS 19.65 is amended by adding a new section                                                                    
     to read:                                                                                                                   
            Sec. 19.65.033. Provision of information                                                                          
      relating to aquatic invasive species.  To the extent                                                                    
     possible,  the   commissioner  of   transportation  and                                                                    
     public  facilities  shall  ensure  that  a  person  who                                                                    
     purchases a  ticket for vehicle  deck space on  a ferry                                                                    
     for  the  purpose of  transporting  a  vessel into  the                                                                    
     state  is provided  with  any  information relating  to                                                                    
     aquatic  invasive species  that has  been published  in                                                                    
     pamphlet form  by the  Department of  Natural Resources                                                                    
     or the Alaska Department of Fish & Game.                                                                                   
6:52:43 PM                                                                                                                    
REPRESENTATIVE DRUMMOND  removed her  objection.  There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
REPRESENTATIVE PARISH directed attention to  [the bill on page 1,                                                               
line 14, and page 2, lines 1 and 2] which read [in part]:                                                                       
     response  to, and  management of,  an aquatic  invasive                                                                    
     species  under  (a)  of this  section  shall  be  given                                                                    
     priority  over activities  regulated by  the department                                                                    
     in  the  area  where  an  incipient  population  of  an                                                                    
     aquatic invasive species is being targeted.                                                                                
REPRESENTATIVE  PARISH questioned  whether  "given priority  over                                                               
activities  regulated   by  the  department,"  for   an  invasive                                                               
population that could  not be eradicated in  a reasonable period,                                                               
would override other vital activities of the department.                                                                        
6:54:12 PM                                                                                                                    
TAMMY DAVIS,  Invasive Species Coordinator, Alaska  Department of                                                               
Fish  &  Game, in  response  to  Representative Parish  after  he                                                               
restated  his question,  said,  "When I  read  that statement,  I                                                               
would  believe  that  responding to  that  introduced  population                                                               
would be the number one priority."                                                                                              
CO-CHAIR TARR  pointed out the purpose  of the bill is  to enable                                                               
rapid response and thus is  supposed to create the infrastructure                                                               
necessary  [for  ADFG] to  immediately  respond.   Otherwise,  an                                                               
"expensive regulatory process" must be followed.                                                                                
REPRESENTATIVE  PARISH gave  the example  of Sitka,  which has  a                                                               
severe  [Didemnum  vexillum  (Dvex)]   problem,  and  stated  his                                                               
concern that  the bill would  direct ADFG to move  resources away                                                               
from other critical  activities.  He asked Ms.  Davis whether the                                                               
bill would  change the way  ADFG has been managing  the incipient                                                               
aquatic invasive population of Dvex in Sitka.                                                                                   
MS.  DAVIS said  she  is  a biologist,  "more  so  than a  policy                                                               
person."   She  explained the  "Dvex efforts"  in Sitka  thus far                                                               
have  not  taken  from  other   management  priorities  of  ADFG;                                                               
however,  the department  requested  that  boaters avoid  Whiting                                                               
Harbor  because of  the invasive  species, although  it does  not                                                               
have enforcement  authority.  She said  Representative Parish has                                                               
asked a policy  question, and she was  not comfortable responding                                                               
to how the proposed statute would be interpreted.                                                                               
7:00:50 PM                                                                                                                    
REPRESENTATIVE PARISH proposed  [a conceptual amendment] deleting                                                               
the language "over activities regulated  by the department in the                                                               
area,"  and thereby  the  intent would  remain  that priority  is                                                               
given  where  an  incipient population  of  an  aquatic  invasive                                                               
species is being targeted.                                                                                                      
CO-CHAIR TARR restated  the intent of the bill is  to enable ADFG                                                               
to legally  prioritize management of an  aquatic invasive species                                                               
outbreak, because  the department has  other statutorily-mandated                                                               
obligations.   She  expressed her  understanding  ADFG seeks  the                                                               
ability to  separate its responsibilities in  order to prioritize                                                               
managing an  outbreak and take  immediate action.   Co-Chair Tarr                                                               
opined ADFG would not want said language deleted.                                                                               
REPRESENTATIVE  PARISH suggested  changing  "shall"  [on page  2,                                                               
line 1] to "may."                                                                                                               
CO-CHAIR TARR  said she would  not support the change  because it                                                               
would change the intent of the bill.                                                                                            
REPRESENTATIVE PARISH  related he  has received  reassurance from                                                               
ADFG that the abovementioned language in  the bill "is more of an                                                               
intent  statement,  and not  one  that  would prevent  them  from                                                               
accomplishing  other  high  priority activities,"  and  said  his                                                               
fears are assuaged on that point.   He then directed attention to                                                               
page 2, lines 16-18 which read [in part]:                                                                                       
     ...   the  department   shall  respond   in  a   manner                                                                    
     determined to cause the least  harm to noninvasive fish                                                                    
     populations  that are  used for  recreational, personal                                                                    
     use, commercial, or subsistence purposes.                                                                                  
REPRESENTATIVE PARISH  observed often the manner  that causes the                                                               
least harm is the most expensive.                                                                                               
CO-CHAIR TARR  noted that  the fund  created by  the bill  is not                                                               
funded  at this  time, but  should there  be an  aquatic invasive                                                               
species outbreak, there  would be "a place for the  money to go."                                                               
She expressed  her preference  for the use  of mechanical  - over                                                               
chemical  -   means  of  managing   an  invasive  species.     In                                                               
transportation  corridors  pesticides  are  less  expensive  than                                                               
mechanical control  methods, and the  language in the  bill gives                                                               
the department flexibility.                                                                                                     
7:05:29 PM                                                                                                                    
REPRESENTATIVE PARISH  gave an example  of an elodea  outbreak in                                                               
which  an  herbicide  is  deemed the  most  effective  means  for                                                               
eradication,  but  would  be  more   harmful  than  a  mechanical                                                               
approach.    He opined  the  bill  would  mandate  the use  of  a                                                               
mechanical   method  and   thus  provide   only  an   "incomplete                                                               
CO-CHAIR TARR said the alternative  selected would not provide an                                                               
incomplete  solution  because  the  goal  is  eradication  of  an                                                               
aquatic  invasive  species;  however, there  are  concerns  about                                                               
using  chemicals  in  freshwater  lakes and  streams  to  control                                                               
northern pike, and  she wants the bill to  minimize the potential                                                               
for harm.                                                                                                                       
REPRESENTATIVE  PARISH is  also opposed  to poison  in lakes  and                                                               
suggested  the  bill  should  direct  "minimal  total  ecological                                                               
7:07:26 PM                                                                                                                    
The committee took a brief at-ease.                                                                                             
7:08:03 PM                                                                                                                    
HB 177 was held over.                                                                                                           
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 7:08 p.m.