02/07/2014 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB285 | |
| HB268 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 285 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 268 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
February 7, 2014
1:05 p.m.
MEMBERS PRESENT
Representative Dan Saddler, Co-Chair
Representative Peggy Wilson, Vice Chair
Representative Mike Hawker
Representative Craig Johnson
Representative Kurt Olson
Representative Paul Seaton
Representative Scott Kawasaki
MEMBERS ABSENT
Representative Eric Feige, Co-Chair
Representative Geran Tarr
COMMITTEE CALENDAR
HOUSE BILL NO. 285
"An Act excluding certain land from the Kachemak Bay Critical
Habitat Area."
- MOVED HB 285 OUT OF COMMITTEE
HOUSE BILL NO. 268
"An Act relating to big bull moose derbies."
- MOVED CSHB 268(RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 285
SHORT TITLE: KACHEMAK BAY CRITICAL HABITAT AREA
SPONSOR(s): REPRESENTATIVE(s) CHENAULT
01/29/14 (H) READ THE FIRST TIME - REFERRALS
01/29/14 (H) RES
02/07/14 (H) RES AT 1:00 PM BARNES 124
BILL: HB 268
SHORT TITLE: BIG BULL MOOSE DERBIES
SPONSOR(s): REPRESENTATIVE(s) T.WILSON
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) RES, FIN
02/03/14 (H) RES AT 1:00 PM BARNES 124
02/03/14 (H) Heard & Held
02/03/14 (H) MINUTE(RES)
02/07/14 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE MIKE CHENAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor of HB 285.
TOM WRIGHT, Staff
Representative Mike Chenault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 285 on behalf of the prime
sponsor, Representative Mike Chenault.
WALT WREDE, City Manager
City of Homer
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 285.
RANDY BATES, Director
Division of Habitat
Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 285.
REPRESENTATIVE T. WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor of HB 268.
BRUCE TANGEMAN, Deputy Commissioner
Office of the Commissioner
Department of Revenue (DOR)
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding HB 268.
JOE KOSS, Tax Auditor
Tax Division
Department of Revenue
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding HB 268.
ACTION NARRATIVE
1:05:08 PM
CO-CHAIR DAN SADDLER called the House Resources Standing
Committee meeting to order at 1:05 p.m. Representatives
Johnson, Kawasaki, Olson, P. Wilson, Seaton, and Saddler were
present at the call to order. Representative Hawker arrived as
the meeting was in progress.
HB 285-KACHEMAK BAY CRITICAL HABITAT AREA
1:05:31 PM
CO-CHAIR SADDLER announced that the first order of business
would be HOUSE BILL NO. 285, "An Act excluding certain land from
the Kachemak Bay Critical Habitat Area."
1:05:54 PM
REPRESENTATIVE MIKE CHENAULT, Alaska State Legislature, as prime
sponsor, stated that HB 285 would exempt the Homer port and
harbor from the Kachemak Bay Critical Habitat Area. The City of
Homer supports HB 285, noting it would allow the City of Homer
to move forward and capture some revenue from the oil industry
while protecting the habitat as originally set up by the
community.
1:07:37 PM
TOM WRIGHT, Staff, Representative Mike Chenault, Alaska State
Legislature recalled that the Kachemak Bay Critical Habitat Area
was generally well received and the enabling legislation
"sailed" through the legislature. He noted the Alaska
Department of Fish & Game (ADF&G) and Department of Natural
Resources (DNR) are available for questions.
MR. WRIGHT pointed out the resolution from the City of Homer in
members' packets, which passed the city council unanimously. He
also noted that the sponsor received a letter today [dated
February 6, 2014] from Kachemak Bay Conservation Society voicing
several concerns.
1:09:31 PM
CO-CHAIR SADDLER opened public testimony on HB 285.
1:09:51 PM
WALT WREDE, City Manager, City of Homer, stated that the City of
Homer strongly supports HB 285. He referred to City of Homer
Resolution 14-005 [dated January 13, 2014] in members' packets
adopted unanimously in support of HB 285. He reported that this
bill will remove the Homer port and harbor area from the
critical habitat area. He said the Kachemak Bay Critical
Habitat Area is very important to Homer. It protects Homer's
land and waters, sustains the economy and the lifestyle that
people in Homer enjoy. The community doesn't intend to propose
any changes to the critical habitat area as part of this bill.
MR. WREDE advised members that the port and harbor was never
intended to be included as part of the Kachemak Bay Critical
Habitat Area and has caused numerous problems with enforcement
and regulation interpretation. He anticipated potential
benefits if HB 285 passed. First, it would resolve conflicts
that currently exist between the statutes and the Kachemak Bay
Critical Habitat Area Plan with respect to the regulatory
applicability of the plan on the port and harbor and the
municipal land. Second, it would make things much clearer and
straightforward for ADF&G to permit certain activities at the
port and harbor. Third, it would solve some long-standing
problems that this discrepancy has caused. For example, the
critical habitat area plan says that a vessel cannot be moored
for more than 14 days or drop an anchor for more than 14 days.
He acknowledged that it's easy to see how it could cause
problems for a busy harbor like Homer.
MR. WREDE indicated that the city has experienced quite a few
permitting delays for even simple projects within the harbor,
such as when the harbor replaces floats or other infrastructure
within the harbor. Finally, probably the most noteworthy would
be the effect on drilling rigs. Right now the ADF&G doesn't
have the ability to permit drill rigs at the Homer dock if the
drill rig is parked for maintenance and repair and resupply. He
reported that oil and gas activities are ramping up in Cook
Inlet and Homer is the logical place for rigs to be serviced.
The port and harbor has sufficient infrastructure, emergency
response capabilities, and it is an ice-free deep water port.
The City of Homer would like to be of service to the oil and gas
industry and this is one way to accomplish this. He thanked
members for the opportunity to comment.
1:13:33 PM
CO-CHAIR SADDLER, after first determining no one else wished to
testify, closed public testimony on HB 285.
1:14:11 PM
REPRESENTATIVE KAWASAKI stated the overall purpose of the
Kachemak Bay Critical Habitat Area is to preserve habitat
crucial to fish and wildlife populations. He presumed the port
is in the middle of the critical habitat area but was unsure of
the geography. He asked whether this is typical.
RANDY BATES, Director, Division of Habitat, Department of Fish &
Game, stated that the exclusion is within the center of the
critical habitat area.
REPRESENTATIVE KAWASAKI wondered if other critical fish and game
habitat areas have an exemption right in the middle, creating a
"donut" type of area.
MR. BATES answered yes; that a number of other critical habitat
areas, state game refuges or sanctuaries - 32 areas comprising a
little more than 3.2 million acres statewide - have either donut
holes or privately-owned sections of land are fully and
completely surrounded by critical habitat areas. He pointed out
some fall on federal land, municipal land, or private
inholdings, so this would not be unique in terms of the
structure of land ownership in Alaska.
1:16:26 PM
REPRESENTATIVE SEATON noted that page 2 of the Kachemak Bay
Critical Habitat Area plan excludes federal and municipal lands
within the critical habit area. It wasn't envisioned that the
Port of Homer would be part of the critical habit when it was
drawn up in 1974. He highlighted one issue arose when the City
of Homer obtained permission to lease land from the state to
extend to a deep water dock and allow the same type of
industrial use to occur on the end of the spit. Questions were
raised on whether it was state land or municipal land. Last
year the legislature transferred the ownership of the land to
the municipality. This bill will clarify allowable activities.
In fact, some areas have been intended to be dredged and re-
dredged annually; however, it's hard to allow disturbances on
land designated as part of the critical habit area.
REPRESENTATIVE SEATON stated another problem arose when a
drilling rig moored at the dock needed to put its legs down to
stabilize during wind, raising questions about whether the
activity was illegal storage even though it was at the same
location. The ADF&G wasn't able to issue a permit and
ultimately it all worked out but the incident highlighted the
need to make proactive changes without impacting the integrity
of the critical habit. The usages will not change. For
example, if a drilling rig needed to put its legs down for
safety, it would still require a permit but it wouldn't be as
complicated as it is under the current Kachemak Bay Critical
Habitat Area.
REPRESENTATIVE SEATON said he was at the city council meeting
when the resolution passed and no one objected.
1:20:02 PM
REPRESENTATIVE P. WILSON moved to report HB 285 out of committee
with individual recommendations and the accompanying fiscal
note. There being no objection, HB 285 was reported from the
House Resources Standing Committee.
The committee took an at-ease from 1:20 p.m. to 1:23 p.m.
HB 268-BIG BULL MOOSE DERBIES
1:23:21 PM
CO-CHAIR SADDLER announced that the next order of business would
be HOUSE BILL NO. 268, "An Act relating to big bull moose
derbies." [Before the committee was Version 28-LS0851\N, Martin,
1/31/14, adopted as the working document on 2/3/14.]
REPRESENTATIVE P. WILSON moved to adopt the proposed committee
substitute for HB 268, Version C, labeled 28-LS0851\C, Martin,
2/4/14 as the working draft.
REPRESENTATIVE SEATON objected for discussion purposes.
1:24:00 PM
REPRESENTATIVE T. WILSON, Alaska State Legislature, explained
the change, which adds "Snow Town Ice Classic" to the title.
REPRESENTATIVE SEATON removed his objection [Version C was
before the committee].
1:24:50 PM
REPRESENTATIVE KAWASAKI moved to adopt Amendment 1, labeled 28-
LS0851\C.1, Martin, 2/6/14, which read as follows:
Page 1, line 1:
Delete "derbies"
Insert "classics"
Page 2, line 24:
Delete "derbies"
Insert "classics"
Page 3, line 4:
Delete "derbies"
Insert "classics"
Page 3, line 12:
Delete "derbies"
Insert "classics"
Page 3, line 18:
Delete "derbies"
Insert "classics"
Page 4, line 11:
Delete "derby"
Insert "classic"
REPRESENTATIVE HAWKER objected for discussion purposes.
1:25:24 PM
REPRESENTATIVE KAWASAKI explained that "derby" gives a perverse
financial incentive to hunt. He was unsure if the bill would
increase the number of hunters for a limited resource. He
stated that Amendment 1 would highlight betting on the size of
the antlers. In Fairbanks there are 6,200 permits and 1,400
moose killed [annually], so ideally 6,200 people would
participate in the derby; however, under Amendment 1, it could
attract more people to bet on the size of the antlers rather
than competing for the size of the largest antlers.
1:27:18 PM
REPRESENTATIVE P. WILSON asked the sponsor to weigh in on
Amendment 1.
REPRESENTATIVE T. WILSON responded it was not her intent to
encourage someone to shoot the biggest moose, but she was unsure
that changing the term from "derbies" to "classics" makes the
intended change.
1:28:41 PM
BRUCE TANGEMAN, Deputy Commissioner, Office of the Commissioner,
Department of Revenue (DOR), responded that he was unsure of the
language in Amendment 1.
CO-CHAIR SADDLER explained that the word "derbies" would be
deleted and the word "classics" inserted in its stead.
JOE KOSS, Tax Auditor, Anchorage Office, Tax Division, responded
that the statutes don't specifically define this. In general,
however, the use has been that classics are considered guessing
games in which the person guesses the depth of snow or the
specific time the ice goes out, whereas with a derby, such as a
fish derby, would identify the biggest fish caught or in this
case the widest spread of antlers taken during the derby.
1:30:26 PM
REPRESENTATIVE SEATON said that a constituent in his area had
expressed concern about the potential increase in the moose
harvest. He pointed out existing antler size restrictions that
require a minimum of spike four or above "50" inch spread due to
the limited number of moose. He pointed out the definition of
"big bull moose derby" means a contest in which prizes are
awarded for harvesting "bull moose" based on the size or spread
of the antlers. Therefore, based on the definition and his
conversation with the sponsor, he understood that the amendment
would eliminate "big bull moose" derbies and only allow a
classic. He pointed out the statute will affect the entire
state so he would favor broadly-permissive language for derbies
and classics, which could allow communities to choose whatever
is more applicable for the area. Therefore, he is not in favor
of Amendment 1, as written. He asked whether the sponsor would
be willing to consider broader language.
1:32:46 PM
REPRESENTATIVE T. WILSON answered that opening it up to the most
people is the purpose of this bill. She pointed out that this
provides one mechanism to raise revenue. She appreciated
Representative Seaton's statement since she hopes for more
opportunities for groups so she supports opening it up.
1:33:56 PM
REPRESENTATIVE JOHNSON asked regardless of what it is called, a
person could create an element of chance even if the person
wasn't hunting. He asked if he was wrong in this assumption.
MR. KOSS requested clarification of the question.
REPRESENTATIVE JOHNSON explained that the person who guessed
closest to the size of antlers could share the pot of money. He
clarified it would be a lottery and asked whether it matters if
it is called a derby or a classic.
MR. KOSS supposed so and did not see a problem with that.
1:35:24 PM
REPRESENTATIVE HAWKER, addressing his objection to Amendment 1,
stated he is going to support the sponsor in calling this a
derby. He offered his belief there isn't any reasonably defined
difference between a classic and a derby. Further, he did not
think this has anything to do with conservation issues since
those matters are handled in rigorous and controlled manners.
REPRESENTATIVE SEATON agreed if just talking about the word
derby or classic that would be so; however, on page 4, [AS
04.15.690 (50) reads:
"big bull moose derby" means a contest in which prizes
are awarded for harvesting bull moose based on the
size or spread of the antlers.
REPRESENTATIVE SEATON explained that the problem isn't the
general term but that the definition specifically includes
harvesting bull moose. He appreciated the sponsor recognizing
all areas of the state. He suggested one fix if acceptable to
sponsor, could insert "derbies or classics" to create more
options for communities.
1:38:16 PM
REPRESENTATIVE KAWASAKI withdrew Amendment 1.
REPRESENTATIVE OLSON agreed with Representative Hawker that
bills can be challenging with respect to derbies and classics.
REPRESENTATIVE HAWKER concurred with withdrawing Amendment 1.
1:39:07 PM
CO-CHAIR SADDLER moved to adopt Conceptual Amendment 2, to
remove the references to "big" as it may be cleaner to allow the
derby organization to advertise the specifics.
REPRESENTATIVE HAWKER objected, saying he wants to preserve the
sponsor's original intent of the bill.
REPRESENTATIVE SEATON asked the sponsor to comment.
REPRESENTATIVE T. WILSON said she would like organizations in
her area to be able to raise money. She offered her belief that
having the language "big" or not having it was fine either way.
1:40:46 PM
A roll call vote was taken. Representative Saddler voted in
favor of Conceptual Amendment 2. Representative Hawker,
Johnson, Olson, Seaton, P. Wilson, and Kawasaki voted against
it. Therefore, Conceptual Amendment 2 failed by a vote of 1-6.
REPRESENTATIVE JOHNSON encouraged the sponsor to remove
"harvesting" in the next committee, which would give people an
opportunity to participate.
CO-CHAIR SADDLER, after first determining no one else wished to
testify, closed public testimony on HB 268.
1:43:12 PM
REPRESENTATIVE P. WILSON moved to report the proposed committee
substitute (CS) for HB 268, Version C, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 268(RES) was reported from the
House Resources Standing Committee.
1:43:51 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 1:44 p.m.