Legislature(1995 - 1996)
02/06/1995 08:08 AM House RES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE RESOURCES STANDING COMMITTEE
February 6, 1995
8:08 a.m.
MEMBERS PRESENT
Representative Joe Green, Co-Chairman
Representative Bill Williams, Co-Chairman
Representative Scott Ogan, Vice Chairman
Representative Alan Austerman
Representative Pete Kott
MEMBERS ABSENT
Representative Ramona Barnes
Representative John Davies
Representative Eileen MacLean
Representative Irene Nicholia
COMMITTEE CALENDAR
HB 121"An Act relating to the timber resources within the
state."
PASSED OUT OF COMMITTEE
HB 113"An Act relating to reports by fishing vessels that are
not registered under the laws of the state."
PASSED OUT OF COMMITTEE
WITNESS REGISTER
SARA HANNAN, Executive Director
Alaska Environmental Lobby
P.O. Box 22151
Juneau, AK 99802
Phone: 463-3366
POSITION STATEMENT: Opposed HB 121
JACK PHELPS, Aide
Representative Bill Williams
State Capitol, Room 128
Juneau, AK 99801
Phone: 465-3424
POSITION STATEMENT: Prime Sponsor HB 121
PETER ECKLUND, Aide
Representative Bill Williams
State Capitol, Room 128
Juneau, AK 99801
Phone: 465-3424
POSITION STATEMENT: Prime Sponsor HB 113
GERON BRUCE, Representative
Alaska Department of Fish and Game
P.O. Box 25526
Juneau, AK 99811
Phone: 465-4100
POSITION STATEMENT: Supported HB 113 and answered questions
PREVIOUS ACTION
BILL: HB 121
SHORT TITLE: SALVAGE TIMBER SALES
SPONSOR(S): REPRESENTATIVE(S) WILLIAMS, Therriault, Ogan,
Grussendorf, Toohey, Mulder, Rokeberg, Kelly, Kott, Green, G.Davis,
Foster, Kohring
JRN-DATE JRN-PG ACTION
01/25/95 132 (H) READ THE FIRST TIME - REFERRAL(S)
01/25/95 132 (H) RES
01/26/95 148 (H) COSPONSOR(S): KELLY, KOTT
01/30/95 180 (H) COSPONSOR(S): GREEN, G.DAVIS, FOSTER
02/03/95 (H) RES AT 08:00 AM CAPITOL 124
02/03/95 242 (H) COSPONSOR(S): KOHRING
02/06/95 (H) RES AT 08:00 AM CAPITOL 124
BILL: HB 113
SHORT TITLE: REPORTS BY OUT OF STATE FISHING VESSELS
SPONSOR(S): REPRESENTATIVE(S) WILLIAMS,Grussendorf,Kubina,Mackie
JRN-DATE JRN-PG ACTION
01/23/95 116 (H) READ THE FIRST TIME - REFERRAL(S)
01/23/95 117 (H) FSH, RES
01/25/95 136 (H) COSPONSOR(S): KUBINA
01/26/95 148 (H) COSPONSOR(S): MACKIE
01/30/95 179 (H) FSH WAIVED PUBLIC HEARING NOTICE,
RULE 23
02/01/95 (H) FSH AT 05:00 PM CAPITOL 124
02/03/95 (H) RES AT 08:00 AM CAPITOL 124
02/03/95 231 (H) FSH RPT 4DP 1NR
02/03/95 231 (H) DP: G.DAVIS, MOSES, ELTON, OGAN
02/03/95 231 (H) NR: AUSTERMAN
02/03/95 232 (H) -ZERO FISCAL NOTE (F&G) 2/3/95
02/06/95 (H) RES AT 08:00 AM CAPITOL 124
ACTION NARRATIVE
TAPE 95-10, SIDE A
Number 000
The House Resources Committee was called to order by Co-Chairman
Williams at 8:08 a.m. Members present at the call to order were
Representatives Williams, Green, Ogan, Austerman and Kott.
Members absent were Representatives Barnes, Davies, MacLean and
Nicholia.
HRES - 02/06/95
HB 121 - SALVAGE TIMBER SALES
SARA HANNAN, EXECUTIVE DIRECTOR, ALASKA ENVIRONMENTAL LOBBY, stated
she is a property owner in Cooper Landing and over the past 30
years has seen the devastation the spruce bark beetle brings to
forests. As a property owner, she has concerns about fire and
timber damage and how the Department of Natural Resources (DNR) has
managed the dying timber in Southcentral Alaska.
MS. HANNAN stressed there are two things HB 121 does not do which
it needs to do. She stated HB 121 needs to address salvage timber
that is dead or dying trees. She noted the intention of HB 121 is
to address the dead and dying timber in Southcentral and Northern
Alaska but HB 121 does not limit it to that. HB 121, as written,
opens up any negotiated sale to 25 years. She pointed out if the
state waits 25 years to address the beetle problem in Southcentral
Alaska, the next cycle of beetle kill will have already begun.
Beetles are not brought on by current suppression techniques but
rather are brought on as a natural cycle in a normal forest of
uniform age. She added the spruce bark beetle thrives in a forest
that has a uniform age and the beetle corridor follows the road
corridor, which is an area which was harvested approximately seven
years ago.
MS. HANNAN said it is important now to address what the ongoing
problem is from a legislative perspective. She stated she was
outraged to hear DNR say it does have a tool to manage harvesting
if the harvesting could happen within 366 days but there was not a
tool available if the harvest was going to take 367 days, and that
a five year sale is too long to negotiate, and a one year sale is
too short. She felt it was an outrageous problem but is not a
statutory problem. She said the current management available to
DNR allows for them, the regional managers, the borough, and
private land owners to negotiate sales to harvest spruce bark
beetle kill, fire threatened timber anywhere in the state which
needs harvesting.
MS. HANNAN noted the morning's Anchorage Daily News talked about
habitat concerns on the Kenai. She said the area wildlife
biologist for the Alaska Department of Fish and Game (ADF&G) said
the current timber sale harvest rates on the Kenai Peninsula are
going to, in the next couple of years, provide a crisis in habitat
management for big game. She wondered if a situation is going to
be created where the bear corridor is going to be driven back into
the resident population because the only trees left standing are
those on private property. She urged committee members to look
cautiously at the future of a complicated ecosystem and not to
respond to people's concerns when a timber company has not been
able to negotiate a timber sale they desire. She pointed out there
are a lot of timber harvesters who are currently cutting trees on
Southcentral Peninsula where the beetle infestation is the biggest.
She stressed it is not necessary for a statutory change to
accomplish the intent of HB 121 which is to salvage dead and dying
trees.
Number 068
JACK PHELPS, AIDE, REPRESENTATIVE BILL WILLIAMS, PRIME SPONSOR,
stated HB 121 addresses a problem in the state and specifically
allows the state to begin the public process of examining timber
sales, under the circumstances described, more quickly than it
currently can. Currently, the state is required to list those
timber sales in two five-year schedules, meaning there is a minimum
of 24 months of scheduling before the sales can begin. He felt it
was important for the committee to note that HB 121 does not set
aside any of the requirements of the Forest Practices Act (FPA) in
terms of how the timber is harvested. He said it was also
important for the committee to note that HB 121 does not set aside
any public comments. He pointed out that HB 121 does require a
time for both agency and municipal comment, as well as public
comment before the state goes forward.
MR. PHELPS explained the second section of HB 121 adds an
additional element to those situations in which the state can
negotiate a sale. He noted that these negotiated sales are
currently in statute and require all three of the elements listed
on page 2, lines 2-4, before a salvage sale can go forward. He
stated what HB 121 adds to that requirement is the timber which is
being referred to as salvageable. He pointed out the provisions of
HB 121 are in harmony with current regulations that indicate when
there is timber endangered by insects or disease epidemics, it
should be harvested quickly
REPRESENTATIVE PETE KOTT stated based on testimony he heard, there
are a lot of positives to be gained by HB 121.
REPRESENTATIVE KOTT made a MOTION to MOVE HB 121 out of committee
with individual recommendations.
CO-CHAIRMAN WILLIAMS asked if there were any objections. Hearing
none, the MOTION PASSED.
HRES - 02/06/95
Number 121
HB 113 - REPORTS BY OUT OF STATE FISHING VESSELS
PETER ECKLUND, AIDE, REPRESENTATIVE BILL WILLIAMS, PRIME SPONSOR,
stated HB 113 will give the Board of Fish the authority to adopt
regulations concerning foreign fishing vessels transiting or in
state waters. He said HB 113 would allow the board to require
foreign fishing vessels to report to the ADF&G the quantity,
species, and origin of fish on board.
MR. ECKLUND explained HB 113 will assist the ADF&G in their effort
to collect data on the state's border fisheries. HB 113 could
provide ADF&G with additional in-season management data, providing
the state with some significant and timely information that was
previously unavailable to the state's fisheries managers. He said
HB 113 will also help protect the state's interest by deterring
potential illegal fishing in the state's waters. He noted that
section two of HB 113 directs the Board of Fish to consider for
adoption, before May 1996, the provisions of HB 113 concerning
foreign fishing vessels present in or transiting the waters of
Southeast Alaska. He urged the committee to support HB 113.
MR. ECKLUND indicated that when HB 113 was heard in the Fisheries
Committee, Representative Ogan asked about a fiscal impact on the
Department of Public Safety. Mr. Ecklund contacted that department
and was told verbally that the department would have a zero fiscal
note.
REPRESENTATIVE JOE GREEN wondered, in light of the zero fiscal
notes, if there will be a method of getting cooperation from the
foreign vessels.
MR. ECKLUND responded HB 113 will enable the Board of Fish to set
up requirements and regulations regarding Canadian or foreign
fishing vessels reporting origin, species, and quantity on board.
He explained there has been a dramatic increase in Canadian
trawlers in the Dixon Entrance, in southern Southeast Alaska.
These trawlers fish during the day, come into Alaska waters and
anchor up at night, and then go back to Canadian waters during the
day. He stated ADF&G, the Department of Public Safety and other
departments affected will be involved in writing the regulations,
if the Board of Fish decides to pursue this area.
Number 172
GERON BRUCE, REPRESENTATIVE, ADF&G, stated ADF&G would be involved
in adopting the regulations which HB 113 would enable. He said
most likely, ADF&G would have minimal activity and would probably
just set up a record-a-phone and the regulations would require the
Canadian or foreign vessels who are coming into the state's waters
to anchor, report in and have their catches enumerated on a
recorded message. He stated in regard to enforcement, ADF&G does
have some current activity associated with the state's fisheries in
the Dixon Entrance area as does the Department of Public Safety.
He explained as resources permitted, they could perform spot checks
in the course of their routine operations.
REPRESENTATIVE SCOTT OGAN asked if ADF&G supports HB 113.
MR. BRUCE said ADF&G supports HB 113 and would attempt to put a
program in place if the Board of Fisheries so directed.
REPRESENTATIVE KOTT asked if there were any international
implications with HB 113.
MR. BRUCE responded the department is working intensely with the
Canadian government within the Pacific Salmon Commission arena,
which is the body that implements the Pacific Salmon Treaty. In
addition, George Utermohle, legislative attorney, has prepared a
legal opinion on the legality of HB 113 which says as long as the
provision is directed at protecting the state's resources, he
believes it would be a legal exercise of state authority.
Number 215
REPRESENTATIVE KOTT asked if the state is already regulating
Canadian vessels from the state's perspective, through another
which would give some precedence.
MR. BRUCE replied in regard to fisheries he did not believe the
state is. He said the area being discussed (Dixon Entrance) is a
unique situation which was brought about because the boundary area
is disputed and Canadians are fishing closer to Alaska than they
are to their own home port. He stated the state does not allow
fishing by foreign vessels in Alaska's waters and therefore are not
regulating them.
MR. ECKLUND said according to the drafting attorney, as long as the
state enacts the legislation primarily to protect the state's
interest by deterring potential illegal fishing in the state's
waters, the attorney believes that simply asking Canadian or
foreign fishing vessels to report the amount and species of fish
they have on board is not much of a hindrance and is within the
state's right.
CO-CHAIRMAN GREEN made a MOTION to place HB 113 before the
committee.
CO-CHAIRMAN WILLIAMS asked if there were any objections. Hearing
none, the MOTION PASSED.
CO-CHAIRMAN GREEN questioned if HB 113 would impact other areas in
the state.
MR. ECKLUND replied HB 113 only allows the Board of Fish to set up
requirements regionally. If the board chose to set up requirements
for only southern Southeast Alaska, they can do that. He said
HB 113 does not bind the board to set up regulations statewide.
Number 267
REPRESENTATIVE KOTT asked if HB 113 passes, what would be the
penalty if a commercial foreign vessel does not report in.
MR. BRUCE replied it would be a misdemeanor under Title 16.
REPRESENTATIVE KOTT felt the penalty should be stiffer.
REPRESENTATIVE KOTT made a MOTION to MOVE HB 113 out of committee
with individual recommendations.
CO-CHAIRMAN WILLIAMS asked if there were any objections to the
motion. Hearing none, the MOTION PASSED.
CO-CHAIRMAN WILLIAMS announced the committee will meet Wednesday,
February 8 at 8:00 a.m. to hear HB 102.
ADJOURNMENT
There being no further business to come before the House Resources
Committee, Co-Chairman Williams adjourned the meeting at 8:30 a.m.
| Document Name | Date/Time | Subjects |
|---|