Legislature(2019 - 2020)BUTROVICH 205

02/11/2019 03:30 PM RESOURCES

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Audio Topic
03:30:17 PM Start
03:30:45 PM SB22
03:49:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 22 SHELLFISH ENHANCE. PROJECTS; HATCHERIES TELECONFERENCED
Moved CSSB 22(RES) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                       February 11, 2019                                                                                        
                           3:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Chris Birch, Chair                                                                                                      
Senator John Coghill, Vice Chair                                                                                                
Senator Cathy Giessel                                                                                                           
Senator Lora Reinbold                                                                                                           
Senator Click Bishop                                                                                                            
Senator Scott Kawasaki                                                                                                          
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 22                                                                                                              
"An Act relating  to management of enhanced  stocks of shellfish;                                                               
authorizing   certain  nonprofit   organizations  to   engage  in                                                               
shellfish enhancement projects; relating  to application fees for                                                               
salmon hatchery permits; and providing for an effective date."                                                                  
                                                                                                                                
     - MOVED CSSB 22(RES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 22                                                                                                                   
SHORT TITLE: SHELLFISH ENHANCE. PROJECTS; HATCHERIES                                                                            
SPONSOR(s): SENATOR(s) STEVENS                                                                                                  
                                                                                                                                
01/16/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/19       (S)       RES, FIN                                                                                               
01/30/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
01/30/19       (S)       Heard & Held                                                                                           
01/30/19       (S)       MINUTE(RES)                                                                                            
02/04/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/04/19       (S)       <Bill Hearing Postponed>                                                                               
01/30/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/11/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TREVOR FULTON, Staff                                                                                                            
Senator Birch                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Reviewed the  committee substitute for SB 22,                                                             
version M.                                                                                                                      
                                                                                                                                
SAM RABUNG, Director                                                                                                            
Commercial Fisheries Division                                                                                                   
Alaska Department of Fish and Game                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained the need  for changes made  by the                                                             
CS regarding statutory hatchery meetings.                                                                                       
                                                                                                                                
TIM LAMKIN, Staff                                                                                                               
Senator Stevens                                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Addressed  the sponsor's affirmative position                                                             
on the CS for SB 22.                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:30:17 PM                                                                                                                    
CHAIR CHRIS BIRCH called the  Senate Resources Standing Committee                                                             
meeting to order  at 3:30 p.m. Present at the  call to order were                                                               
Senators  Kiehl, Coghill,  Giessel,  Bishop,  Reinbold and  Chair                                                               
Birch.                                                                                                                          
                                                                                                                                
        SB 22-SHELLFISH ENHANCEMENT PROJECTS; HATCHERIES                                                                    
                                                                                                                                
3:30:45 PM                                                                                                                    
CHAIR BIRCH  announced the  consideration of  Senate Bill  22 (SB                                                               
22). He said a committee  substitute (CS) is before the committee                                                               
for adoption.                                                                                                                   
                                                                                                                                
3:31:03 PM                                                                                                                    
SENATOR COGHILL moved  to adopt the CS for SB  22, work order 31-                                                               
LS0335\M, as the working document.                                                                                              
                                                                                                                                
3:31:26 PM                                                                                                                    
SENATOR GIESSEL objected for discussion purposes.                                                                               
                                                                                                                                
3:31:39 PM                                                                                                                    
TREVOR FULTON,  Staff, Senator  Birch, Alaska  State Legislature,                                                               
Juneau, Alaska, explained that the  CS was drafted in response to                                                               
concerns brought up the last time  SB 22 was before the committee                                                               
and during  individual conversations  with user groups  since the                                                               
bill  last   heard.  He  said  recognizing   the  already  robust                                                               
permitting process shellfish hatcheries  would be subject to, the                                                               
changes  in the  CS  were drafted  with the  aim  of creating  an                                                               
annual  review  and  public  input  process  involving  both  the                                                               
Department of  Fish and  Game, and the  Board of  Fisheries while                                                               
minimizing the burden to the hatchery operators.                                                                                
                                                                                                                                
MR.  FULTON explained  the  changes  from the  CS  for  SB 22  as                                                               
follow:                                                                                                                         
                                                                                                                                
   1. Title change:                                                                                                             
        o Removes reference to "application fees for salmon                                                                     
           hatchery permits"  from the  title, as  recommended by                                                               
           the bill drafter.                                                                                                    
        o Adds terms relating to mariculture, the Board of                                                                      
           Fisheries, and the  commissioner of  Fish and  Game to                                                               
           accommodate new Section 1.                                                                                           
   2. New Section 1:                                                                                                            
        o Adds a new subsection to AS 16.05.300, which is                                                                       
           existing law  relating  to  meeting  of the  Board  of                                                               
           Fisheries.                                                                                                           
        o This new subsection requires that the Board of                                                                        
           Fisheries hold at  least one annual meeting  where the                                                               
           Department of Fish and Game presents  an update on the                                                               
           status   of  the   mariculture   industry,   including                                                               
           shellfish hatcheries; that meeting must be open to the                                                               
           public and provide adequate public notice.                                                                           
                                                                                                                                
3:31:55 PM                                                                                                                    
SENATOR KAWASAKI joined the committee meeting.                                                                                  
                                                                                                                                
3:33:32 PM                                                                                                                    
SENATOR  KIEHL asked  what was  the  substantive difference  that                                                               
required  the title  reference to  "enhancement of  shellfish" be                                                               
taken out and "management of 'enhanced' shellfish" was added.                                                                   
                                                                                                                                
MR.  FULTON  answered  that "management  of  enhanced  stocks  of                                                               
shellfish" still  appears in the title  as noted on page  1, line                                                               
2.                                                                                                                              
                                                                                                                                
SENATOR GIESSEL  noted that she  had seen the 2002  document from                                                               
the Board  of Fisheries  regarding the  joint protocol  on salmon                                                               
enhancement which noted updates were  to be provided at meetings.                                                               
She  asked   if  the  protocol  also   automatically  applies  to                                                               
mariculture hatcheries  and questioned  the necessity to  put the                                                               
requirement into statute.                                                                                                       
                                                                                                                                
MR. FULTON  answered that  the need to  put the  requirement into                                                               
statute  was based  on concerns  that were  brought up  since the                                                               
bill's original hearing.                                                                                                        
                                                                                                                                
SENATOR GIESSEL asked if the concerns could be explained.                                                                       
                                                                                                                                
MR. FULTON explained  that in 2002 there was  an existing process                                                               
worked  out between  the Department  of  Fish and  Game, and  the                                                               
Board  of Fisheries  to talk  jointly about  hatchery management.                                                               
The process  may have "fizzled  out" and putting  the requirement                                                               
in statute would  solve the problem by making  the procedure more                                                               
permanent.                                                                                                                      
                                                                                                                                
SENATOR GIESSEL asked if there are  people that will speak to the                                                               
imparity of the CS.                                                                                                             
                                                                                                                                
CHAIR BIRCH said Senator Giessel's question will be addressed.                                                                  
                                                                                                                                
SENATOR COGHILL remarked  that he was glad  Senator Giessel asked                                                               
her  question because  his next  inquiry is  about the  timing of                                                               
Board of Fish meetings to be in a certain place.                                                                                
                                                                                                                                
3:37:30 PM                                                                                                                    
SAM  RABUNG,  Director,  Commercial  Fisheries  Division,  Alaska                                                               
Department  of  Fish and  Game,  Juneau,  Alaska, explained  that                                                               
salmon  hatcheries  are  the state's  only  enhancement  program.                                                               
Hatchery meetings  consistently occurred  the first six  or seven                                                               
years, but  interest waned, and  meetings were not  scheduled. He                                                               
noted that an upcoming hatchery  protocol meeting is scheduled in                                                               
Anchorage on March 8, 2019.                                                                                                     
                                                                                                                                
SENATOR  GIESSEL asked  Mr. Rabung  to verify  that the  hatchery                                                               
protocol  meetings  are  held  separately  from  other  Board  of                                                               
Fisheries meetings.                                                                                                             
                                                                                                                                
MR.  RABUNG  replied  that the  hatchery  protocol  meetings  are                                                               
tacked onto the statewide meetings.  The board is playing catchup                                                               
and meetings  will eventually be  half-day affairs  when meetings                                                               
are routinely scheduled.                                                                                                        
                                                                                                                                
SENATOR  COGHILL asked  Mr.  Rabung to  confirm  that the  change                                                               
would  separate salmon  enhancement and  mariculture enhancement,                                                               
and  his referenced  "catchup" was  directed  at salmon  hatchery                                                               
meetings.                                                                                                                       
                                                                                                                                
MR. RABUNG replied that the  department has not had the authority                                                               
to  permit mariculture  enhancement  projects to  date. The  only                                                               
program the  department has been  able to permit  for enhancement                                                               
programs is for salmon.                                                                                                         
                                                                                                                                
SENATOR GIESSEL asked to hear  from bill's sponsor related to the                                                               
CS.                                                                                                                             
                                                                                                                                
3:40:31 PM                                                                                                                    
TIM  LAMKIN, Staff,  Senator Stevens,  Alaska State  Legislature,                                                               
Juneau,  Alaska, explained  that  the CS  "on  its face"  clearly                                                               
establishes  an  annual requirement  to  have  a meeting  on  the                                                               
subject  "mariculture and  shellfish  enhancement projects."  The                                                               
meetings are  a public-comment  process and  there is  nothing in                                                               
the language  that suggests any  formal action would  be required                                                               
to be taken. In the  spirit of having the meetings' conversations                                                               
held  openly  and, in  the  public,  that presumably  the  action                                                               
cannot be  a bad  thing and therefore  Senator Stevens  sends his                                                               
blessing accordingly for the CS.                                                                                                
                                                                                                                                
3:41:30 PM                                                                                                                    
SENATOR GIESSEL removed her objection to the CS.                                                                                
                                                                                                                                
3:41:36 PM                                                                                                                    
CHAIR  BIRCH  announced  without  further  objection  the  CS  is                                                               
adopted. He asked if there were any further comments.                                                                           
                                                                                                                                
SENATOR KAWASAKI asked if the committee was moving SB 22.                                                                       
                                                                                                                                
CHAIR BIRCH replied  that questions were concluded,  the bill was                                                               
previously heard  on January 30,  and public testimony  was taken                                                               
and closed. The intent would be to move the bill.                                                                               
                                                                                                                                
SENATOR KAWASAKI noted his concern  with the legislation based on                                                               
testimony  heard at  the bill's  previous  committee hearing.  He                                                               
specified his  concern in  section 4,  subsection (e),  where the                                                               
verbiage  "they may,"  or "they  may  not" are  used rather  than                                                               
"they shall,"  or "they shall not."  He said he had  an amendment                                                               
but the idea of moving the bill is fine.                                                                                        
                                                                                                                                
CHAIR  BIRCH  asked  Mr. Lamkin  to  address  Senator  Kawasaki's                                                               
concern.                                                                                                                        
                                                                                                                                
MR. LAMKIN  replied that SB  22 is modeled precisely  on existing                                                               
statute   for   salmon   enhancement  and   assumed   that   "the                                                               
commissioner may not" is used  relative to salmon enhancement. He                                                               
said Senator  Kawasaki brings up  an interesting point  and asked                                                               
that an attorney or the bill's  drafter address if indeed the use                                                               
of "may not" is a  substantial reference made rather than "shall"                                                               
on page 3, line 11.                                                                                                             
                                                                                                                                
SENATOR COGHILL asked that the  committee hear from Mr. Rabung to                                                               
shed   light  on   Senator  Kawasaki's   concern  regarding   the                                                               
practicality in the use of "may" versus "shall."                                                                                
                                                                                                                                
3:44:57 PM                                                                                                                    
MR.  RABUNG explained  that the  bill is  modeled almost  exactly                                                               
after the  salmon hatcheries' statutes. There  is some difference                                                               
where  there   is  no  "regional   planning  team   process"  for                                                               
mariculture species  as is done  with salmon. The use  of "shall"                                                               
is a requirement for the permitting  process and the use of "may"                                                               
is the  criteria by which  the commissioner could deny  a permit.                                                               
Regarding  "substantial public  benefit," an  assumption is  made                                                               
because there is no proof until  the enhancement is tried so that                                                               
is  where  "may"  comes  in, the  same  applies  to  "jeopardized                                                               
natural stocks"  where a  precautionary approach  is used,  but a                                                               
negative  cannot be  proven and  that is  why the  term "may"  is                                                               
used.                                                                                                                           
                                                                                                                                
SENATOR  KAWASAKI  addressed  testimony in  the  bill's  previous                                                               
hearing  that  raised  concerns  that  pink  salmon  may  be  out                                                               
competing  natural  stocks in  the  Cook  Inlet.  He said  he  is                                                               
concerned that  the legislation does  not force  the commissioner                                                               
to not issue a permit when it says, "may."                                                                                      
                                                                                                                                
3:47:03 PM                                                                                                                    
SENATOR COGHILL  moved to report CSSB22(RES),  [31-LS0335\M] from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
3:47:15 PM                                                                                                                    
CHAIR  BIRCH  announced  there being  no  objection,  the  motion                                                               
carried.                                                                                                                        
                                                                                                                                
3:47:24 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
3:49:41 PM                                                                                                                    
CHAIR BIRCH called the committee back to order.                                                                                 
                                                                                                                                
3:49:59 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Birch adjourned the Senate Resources Standing Committee                                                                   
meeting at 3:49 p.m.                                                                                                            

Document Name Date/Time Subjects
SB22 Changes Version A to Version M.pdf SRES 2/11/2019 3:30:00 PM
SB 22
SB22 CS(RES) Version M.pdf SRES 2/11/2019 3:30:00 PM
SB 22
SB22 UFA Letter 1.24.19.pdf SRES 2/11/2019 3:30:00 PM
SB 22
SB22 UFA Resolution 5.6.14.pdf SRES 2/11/2019 3:30:00 PM
SB 22
SB22 CDFU Letter 1.31.19.pdf SRES 2/11/2019 3:30:00 PM
SB 22