Legislature(2015 - 2016)SENATE FINANCE 532
04/06/2016 05:00 PM Senate FINANCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB172 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 168 | TELECONFERENCED | |
| + | SB 172 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 6, 2016
5:14 p.m.
5:14:06 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 5:14 p.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Donny Olson
MEMBERS ABSENT
Senator Lyman Hoffman
ALSO PRESENT
Kevin Brooks, Deputy Commissioner, Department of Fish and
Game; Forrest Bowers, Deputy Director, Division of
Commercial Fisheries, Department of Fish and Game.
PRESENT VIA TELECONFERENCE
Seth Beausang, Assistant Attorney General, Department of
Law; Julie Decker, Executive Director, Alaska Fisheries
Development Foundation, Wrangell.
SUMMARY
SB 172 FISH/SHELLFISH HATCHERY/ENHANCE. PROJECTS
SB 172 was HEARD and HELD in committee for
further consideration.
SENATE BILL NO. 172
"An Act relating to management of enhanced stocks of
fish; authorizing the operation of nonprofit shellfish
hatcheries; relating to application fees for salmon
and shellfish hatchery permits; and providing for an
effective date."
5:15:54 PM
KEVIN BROOKS, DEPUTY COMMISSIONER, DEPARTMENT OF FISH AND
GAME, introduced the legislation. He stated that the
purpose of the legislation was to allow the Department of
Fish and Game (DFG) to permit shellfish enhancement in
rehabilitation projects; and the construction and operation
of the shellfish hatcheries by nonprofit corporations for
the purpose of enhancing and rehabilitation the shellfish
fisheries. He explained that the bill would benefit the
state's economy by allowing more public use.
5:17:30 PM
FORREST BOWERS, DEPUTY DIRECTOR, DIVISION OF COMMERCIAL
FISHERIES, DEPARTMENT OF FISH AND GAME, discussed the
Sectional Analysis (copy on file):
Sec. 1
Provides the Alaska Board of Fisheries authority to
direct the department to manage production of enhanced
shellfish stocks, beyond broodstock needs, for cost
recovery harvest.
Sec. 2
Increases the permit application fee for new private
nonprofit salmon hatcheries from $100 to $1,000.
Sec. 3
Adds a new Chapter 12 to Title 16, "Shellfish Stock
Rehabilitation Efforts, Enhancement Projects, and
Hatcheries. Provides direction to the commissioner on
issuance of permits for private nonprofit shellfish
stock rehabilitation and fishery enhancement projects
and associated shellfish hatcheries and establishes a
$1,000 permit application fee. This section directs
the commissioner to consult with technical experts in
the relevant areas before permit issuance. This
section provides for a hearing prior to issuance of a
permit and describes certain permit terms including
cost recovery fisheries, harvest, sale, and release of
hatchery-produced shellfish, and selection of
broodstock sources. This section describes reporting
requirements and terms for modification or revocation
of a permit.
Sec. 4
Provides the commissioner authority to issue special
harvest area entry permits to holders of private
nonprofit shellfish rehabilitation, enhancement or
hatchery permits.
Sec. 5
Defines legal fishing gear for special harvest area
entry permit holders.
Sec. 6
Exempts shellfish raised in a private nonprofit
shellfish project from the farmed fish definition.
Sec. 7 and 8
Establish tax exemption for a nonprofit corporation
holding a shellfish hatchery, rehabilitation, or
enhancement permit.
Sec. 9
Exempts shellfish harvested under a special harvest
area entry permit from certain taxes.
Sec. 10
Establishes an effective date of the fee for salmon
hatchery permits described in sec. 2.
Sec. 11
Authorizes the department to adopt implementing
regulations.
Sec. 12
Establishes an immediate effective date for sec. 12
pursuant to AS 01.10.070(c).
Sec. 13
Establishes an effective date for sec. 9 concomitant
with sec. 2 effective date.
5:21:05 PM
Senator Dunleavy noted that the bill allowed for hatchery
permits for salmon and other fish. Mr. Bowers stated that
Section 2 was the only portion of the bill that related to
salmon. The section changed the fee for new private
nonprofit salmon hatchery applications from $100 to $1000.
Senator Dunleavy queried the purpose of Section 5. Mr.
Bowers replied that Section 5 related to the fishing gear
used for cost-recovery harvest in special harvest areas for
the shellfish enhancement or rehabilitation projects.
Co-Chair MacKinnon noted that bill did not change the gear
for salmon fisheries, rather added shellfish. Mr. Bowers
replied in the affirmative.
Senator Dunleavy queried an example of legal fishing gear
as it pertains to Section 5. Mr. Bowers replied that crab
pots would be an example.
Senator Bishop wondered whether the immunity from liability
related to donations of shellfish to a food bank was
removed from the legislation. Mr. Brooks replied that there
had been a concern about the shellfish donations, because
the requirements for donation was a visual inspection. He
remarked that it was difficult to visually determine
whether shellfish was spoiled or problematic.
Vice-Chair Micciche wondered if the concern was related to
paralytic shellfish poisoning. Mr. Brooks indicated in the
affirmative.
Co-Chair MacKinnon looked at page 2, lines 28 through 30.
She read, "the commissioner may not issue a permit under
this section, unless the commissioner determines that the
action will result in substantial public benefit, and would
not jeopardize natural stocks." She wondered how that was
different was benefitting what hurdle must be met for a
nonprofit to start shellfish enhancement based on
substantial public benefit. Mr. Bowers replied that the
determination would be made from public input.
Co-Chair Kelly looked at section 2, and queried the
reasoning for the commissioner's ability to waive the
permit in order to operate a hatchery. Mr. Brooks replied
that it was the existing language for salmon hatcheries. He
agreed to provide more information.
Co-Chair Kelly wanted to know what the waiver would
accomplish.
Senator Dunleavy queried the number of total waivers and
the reasoning behind the waivers.
Co-Chair MacKinnon looked at lines 28 through 30, and felt
that substantial public benefit would be determined based
on opposition by the public. She felt that folks were often
opposed to any issue related to a waterway. She requested
assurance that the word, "substantial" was appropriately
used on line 29.
5:27:55 PM
SETH BEAUSANG, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW (via teleconference), replied that the language was
vague, and left discretion to the commissioner in
determining what was a "substantial public benefit."
Co-Chair MacKinnon wondered whether statute defined,
"substantial public benefit." Mr. Beausang replied that it
was not defined in the bill. He did not know if it was
defined elsewhere in Alaska law.
Co-Chair MacKinnon requested research regarding how other
state resources were protected, and used substantial public
benefit. She queried parameters related to substantial
public benefit, in order to provide guidelines as to what
the public would be testifying. Mr. Beausang agreed to
provide that information.
Senator Dunleavy felt that the language seemed subjective.
He felt that there should be a set of criteria in regards
to qualification. Mr. Brooks replied that there was some
criteria used in the aquaculture program, and agreed to
provide that information.
Vice-Chair Micciche remarked that the bill only dealt with
mollusk and crustaceans. He queried the purpose of the
bill. Mr. Bowers replied that the purpose of the bill was
to look at the depleted crab or shellfish stocks; and to
examine areas where fisheries had been closed for a number
of years without the possibility of current management's
ability to rebuild the stocks. He shared that the bill was
a new tool to rebuild the stocks.
5:34:07 PM
JULIE DECKER, EXECUTIVE DIRECTOR, ALASKA FISHERIES
DEVELOPMENT FOUNDATION, WRANGELL (via teleconference),
testified in support of the legislation. She stated that
the bill played an important role in the development of
mariculture in Alaska. The bill created a regulatory
framework, so DFG could manage shellfish fishery
enhancement. She stated that the development would allow
interested stakeholders to either continue or begin
enhancement.
Co-Chair MacKinnon CLOSED public testimony.
Senator Dunleavy wondered if species not native to Alaska
could be farmed under the legislation. Mr. Bowers asked for
a restatement.
Senator Dunleavy restated his question. Mr. Bowers replied
that the bill related only to enhancement of wild stocks
native to Alaska. The bill did not relate to fish farming.
SB 172 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
5:39:33 PM
The meeting was adjourned at 5:39 p.m.
| Document Name | Date/Time | Subjects |
|---|