Legislature(2005 - 2006)BUTROVICH 205
04/04/2005 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB126 | |
| SJR16 | |
| HJR15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 126 | TELECONFERENCED | |
| *+ | SJR 16 | TELECONFERENCED | |
| + | HJR 15 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 4, 2005
3:35 p.m.
MEMBERS PRESENT
Senator Thomas Wagoner, Chair
Senator Fred Dyson
Senator Bert Stedman
Senator Kim Elton
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Gretchen Guess
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
SENATE BILL NO. 126
"An Act relating to aquatic farming; and providing for an
effective date."
MOVED CSSB 126(RES) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 16
Supporting legislation before the United States Congress that
reaffirms the right of the states to regulate hunting and
fishing.
MOVED SJR 16 OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 15(RES)
Relating to open ocean aquaculture in the federal exclusive
economic zone.
MOVED CSHJR 15(RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 126
SHORT TITLE: AQUATIC FARMING
SPONSOR(s): SENATOR(s) STEDMAN
03/02/05 (S) READ THE FIRST TIME - REFERRALS
03/02/05 (S) JUD, RES
03/23/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/23/05 (S) Moved SB 126 Out of Committee
03/23/05 (S) MINUTE(JUD)
03/24/05 (S) JUD RPT 3DP 2NR
03/24/05 (S) DP: SEEKINS, THERRIAULT, HUGGINS
03/24/05 (S) NR: FRENCH, GUESS
04/04/05 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SJR 16
SHORT TITLE: STATES' RIGHT TO REGULATE HUNTING/FISHING
SPONSOR(s): SENATOR(s) THERRIAULT
03/21/05 (S) READ THE FIRST TIME - REFERRALS
03/21/05 (S) RES
04/04/05 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HJR 15
SHORT TITLE: OPEN OCEAN AQUACULTURE
SPONSOR(s): FISHERIES
03/01/05 (H) READ THE FIRST TIME - REFERRALS
03/01/05 (H) FSH, RES
03/09/05 (H) FSH AT 8:30 AM CAPITOL 124
03/09/05 (H) Moved CSHJR 15(FSH) Out of Committee
03/09/05 (H) MINUTE(FSH)
03/10/05 (H) FSH RPT CS(FSH) 4DP
03/10/05 (H) DP: HARRIS, WILSON, LEDOUX, THOMAS
03/21/05 (H) RES AT 1:00 PM CAPITOL 124
03/21/05 (H) Moved CSHJR 15(RES) Out of Committee
03/21/05 (H) MINUTE(RES)
03/22/05 (H) RES RPT CS(RES) 9DP
03/22/05 (H) DP: OLSON, KAPSNER, GATTO, ELKINS,
LEDOUX, CRAWFORD, SEATON, RAMRAS,
SAMUELS
03/23/05 (H) TRANSMITTED TO (S)
03/23/05 (H) VERSION: CSHJR 15(RES)
03/24/05 (S) READ THE FIRST TIME - REFERRALS
03/24/05 (S) RES
04/04/05 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
MARY JACKSON
Staff to Senator Wagoner
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 126 for the sponsor.
TIM BARRY
Staff to Senator Stedman
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 126 for the sponsor.
PAUL FUHS
PAC Alaska
Juneau AK
POSITION STATEMENT: Supported SB 126.
ROGER PAINTER
Alaskan Shellfish Growers' Association
Juneau AK
POSITION STATEMENT: Supported SB 126.
DAVID BEDFORD, Deputy Commissioner
Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Supported SB 126.
JULIE DECKER, Executive Director
Southeast Regional Dive Fishery Association
POSITION STATEMENT: Supported SB 126.
ACTION NARRATIVE
CHAIR THOMAS WAGONER called the Senate Resources Standing
Committee meeting to order at 3:35:54 PM. Present were Senators
Elton, Stedman, Dyson and Chair Wagoner.
SB 126-AQUATIC FARMING
CHAIR WAGONER announced SB 126 to be up for consideration.
SENATOR STEDMAN moved to adopt CSSB 126(RES), version F. There
were no objections and it was so ordered.
MARY JACKSON, staff to Senator Wagoner, said "acquire ownership
of" was deleted on page 1, line 1 and page 3, line 6, has
revisions of the phrase "on the site". The original version had
it at the end of the line and the CS has it in the middle of the
sentence.
TIM BARRY, staff to Senator Stedman, sponsor of SB 126, said
this legislation was requested by a coalition of the Alaska
Department of Fish and Game (ADF&G), Southeast Alaska Regional
Dive Fisheries Association and the Alaska Shellfish Growers
Association that have been working for a number of years to
resolve a number of legal and management difficulties which have
prevented the development of a fledgling shellfish farming
industry in Southeast Alaska.
SB 126 amends the state's Aquatic Farming Act to allow
aquatic farms to continue to operate in compliance
with a Supreme Court decision made last April. The
State Supreme Court ruled that the Aquatic Farming Act
requires the Department of Fish and Game to deny
shellfish farmers exclusive rights to what I refer to
as significant populations of wild geoducks on their
proposed farm sites.
MR. BARRY said since that decision, the Southeast Alaska
Regional Dive Fish Association (SARDFA), the Alaskan Shellfish
Growers Association and the Alaska Department of Fish and Game
(ADF&G) have negotiated an agreement that would allow these
farmers to harvest insignificant populations of the geoduck
clams on their sites without having to replace them. It defines
an "insignificant population" as one that would not support a
commercial fishery. He said it should have a zero fiscal note
from the ADF&G.
3:41:35 PM
SENATORS BEN STEVENS, SEEKINS AND GUESS joined the committee.
3:42:27 PM
SENATOR ELTON said Amendment 1 addressed a fairly broad title
and asked if it was going to be offered.
MR. BARRY explained that the changes in the CS were made to
conform the Senate version to the House version. A title change
was made in the House an hour ago. This amendment was made in an
effort to keep up with what they are doing and there was some
concern about a broad title.
3:43:42 PM
PAUL FUHS said he represents PAC Alaska, one of the pioneer
farming operations. He supported the CS and the amendment. He
pointed out that language in section (f) on page 2 is very
convoluted and needs clarification.
This does not mean that Fish and Game can authorize a
commercial fishing operation on a farm after it's
planted and has been granted. What this language does
is it allows them to say, 'Okay, we're going to set an
insignificant level.' Now if we made a mistake,
despite all of our best efforts to make sure there are
insignificant stocks on there, and then by chance
there's more than that, this allows the state to
assess what's essentially a windfall profit tax on
that....
3:46:10 PM
MR. FUHS explained that it is a common-sense solution to say:
The farmers will pay the 3% like everybody else up to
12,000 lbs, or whatever the amount is set. That's what
Fish and Game has said they are going to set it at.
We'll see what happens in those regulations and then
after that, you'll pay a super tax of 10 times or 15
times the amount that would normally be paid and then
that money could be used to replant other areas. This
is an attempt to address the constitutional issues of
the common property resource. It is limited only by
the common property resource.
The limited entry when the constitutional amendment
went in and then it also said 'and for the efficient
development of aquaculture.' It's never real clear
what that section means. We know what limited entry
means; we have that. So, it's the tension around this
constitutional issue - is why that language is in
there.
3:46:25 PM
ROGER PAINTER, Alaskan Shellfish Growers Association, supported
CSSB 126(RES) wholeheartedly. He said it is vital to the
industry and has been thoroughly gone over by the Department of
Law.
3:47:56 PM
SENATOR DYSON asked why shellfish farming is an insignificant
threat to wild stock and the environment and how it differs
fundamentally from open ocean finfish farming.
MR. PAINTER replied that the biggest difference is that
shellfish are not mobile. Most are kept inside cages. Geoducks
burrow and can go up and down, but can't move around. In
addition, the state has stringent controls on genetics and
diseases. Growers are required to get brood stock from the wild
in the area that the shellfish are being grown. All shellfish
are inspected for diseases before going to a farm or
transferring to another site.
3:50:05 PM
DAVID BEDFORD, Deputy Commissioner, Alaska Department of Fish
and Game (ADF&G), supported CSSB 126(RES). He said shellfish
mariculture has substantial promise for the state and the
private sector. It has been prevented from growing to the extent
that it can in large measure because of the question of what
kind of access a shellfish grower has to common property stock.
A Superior Court decision informed the department that the
constitution required it to provide access to insignificant
amounts of shellfish to shellfish farmers. Then, a Supreme Court
decision said the department couldn't do that because it didn't
have statutory authority. SB 126 remedies both of those
problems. It gives the department authority and defines
insignificant stock.
3:52:28 PM
CHAIR WAGONER asked how long it takes for a geoduck to mature.
MR. BEDFORD replied five to seven years.
SENATOR SEEKINS asked why on page 1, line 9, deletes "acquire
ownership of".
3:53:36 PM
MR. BEDFORD replied that as originally drafted you could have a
situation in which a farmer would get a lease for a farm site
and acquire ownership of the stock; he would then surrender the
lease and still own the stock. He wanted to avoid that type of
situation. The department wants the farmer to be able to harvest
a small amount of stock in the course of his business, but not
to own the farm site.
SENATOR SEEKINS added that he understands that transfer of title
to a wild stock of anything under settle law would be at
harvest. He asked if they are not precluding the farmer from
taking title to the ownership of the stock when he harvests it,
but not before it's harvested.
MR. BEDFORD replied that was correct.
3:55:34 PM
JULIE DECKER, Executive Director, Southeast Regional Dive
Fisheries Association, supported CSSB 126(RES). It has helped
resolve a six-year controversy over who gets to harvest the wild
standing stocks of geoducks on farm sites.
3:56:45 PM
SENATOR STEDMAN moved to adopt Amendment 1 to CSSB 126(RES) to
delete line 1 on page 2 and to insert, "An Act relating to
aquatic plant and shellfish farming; and providing for an
effective date." There were no objections and Amendment 1 was
adopted.
SENATOR DYSON moved to pass CSSB 126(RES) from committee with
individual recommendations and attached fiscal note. There were
no objections and it was so ordered.
3:59:09 PM At ease
SJR 16-STATES' RIGHT TO REGULATE HUNTING/FISHING
CHAIR WAGONER announced SJR 16 to be up for consideration.
SENATOR THERRIAULT, sponsor, explained that it puts the
legislature on record as being supportive of legislation, HR 731
and S 339, that are pending currently before the US Congress
reaffirming state regulation of the Resident and Non-Resident
Hunting and Fishing Act of 2005.
4:04:01 PM
He said Congress has not taken action to preclude states from
exercising their own sovereign power with regards to hunting and
fish when it comes specifically to residents versus non-
residents.
4:05:35 PM
SENATOR SEEKINS said that sometime court decisions actually
confuse things about what powers were transferred to the federal
government in the US Constitution and told a story about a pre-
1953 Supreme Court decision that said the three-mile limit
didn't exist as to state ownership, which had always been
assumed to be the case since the beginning of the nation. In
order to overcome that adverse decision, the US Congress passed
the 1953 Submerged Lands Act to make clear that the states get
that land.
4:09:24 PM
SENATOR DYSON moved to pass SJR 16 from committee with
individual recommendations. There were no objections and it was
so ordered.
4:09:54 PM AT EASE 4:11:19 PM
HJR 15-OPEN OCEAN AQUACULTURE
CHAIR WAGONER announced HJR 15 to be up for consideration.
IAN FISK, staff to Representative John Harris, sponsor, said
that HJR 15 bluntly opposes fish farming in the Exclusive
Economic Zone (EEZ) from three miles out to 200 miles. He is
concerned about biological problems with fish farming such as
the introduction of genetically modified organisms, the
transmission of disease, escapes into the natural environment
and the effects on human of eating these fish.
There are economic concerns, as well. In 1990 the state passed a
ban on fish farming in state waters. While the farmed fish
industry has hurt the Alaskan salmon industry, it's also helped
identify Alaskan salmon as unique and good. People are concerned
what will happen to that reputation if fish farming is allowed
in the EEZ. This resolution also asks for the legislature to
prepare an environmental impact statement to accompany any
proposal before Congress.
4:14:29 PM
SENATOR SEEKINS didn't agree with the first whereas statement
that all of Alaska's wild fish stocks were healthy and
sustainable. He said he knows of occasional localized problems.
CHAIR WAGONER agreed with most of what Mr. Fisk said, but took
exception to the fact that it's not going to have an economic
impact and that there is a zero fiscal note. "In a lot of cases
it could have a very negative impact on the State of Alaska and
the fish stock that we have protected over the years...."
4:16:52 PM
SENATOR DYSON moved to pass HJR 15 from committee with
individual recommendations and attached fiscal notes. There were
no objections and it was so ordered.
There being no further business to come before the committee,
Chair Wagoner adjourned the meeting at 4:19:32 PM.
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