04/16/2018 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB197 | |
| HJR29 | |
| HB354 | |
| HCR23 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HCR 23 | TELECONFERENCED | |
| + | HJR 29 | TELECONFERENCED | |
| + | HB 197 | TELECONFERENCED | |
| + | HB 354 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 16, 2018
3:32 p.m.
MEMBERS PRESENT
Senator Cathy Giessel, Chair
Senator John Coghill, Vice Chair
Senator Bert Stedman
Senator Kevin Meyer
Senator Bill Wielechowski
Senator Click Bishop
MEMBERS ABSENT
Senator Natasha von Imhof
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 197(FIN)
"An Act relating to the duties of the commissioner of natural
resources; relating to agriculture; relating to the
noncommercial transfer of seed; and relating to community seed
libraries."
- MOVED CSHB 197(FIN) FROM COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 29(FIN)
Urging the United States Congress to reauthorize the Secure
Rural Schools and Community Self-Determination Act of 2000.
- MOVED CSHJR 29(FIN) FROM COMMITTEE
HOUSE BILL NO. 354
"An Act relating to dive fishery management assessment
procedures."
- MOVED HB 354 FROM COMMITTEE
CS FOR HOUSE CONCURRENT RESOLUTION NO. 23(RES)
Supporting enhanced efforts to protect wildlife and domestic
animals in the state from infectious diseases, foreign
pathogens, and nonendemic parasites.
- MOVED CSHCR 23(RES) FROM COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 197
SHORT TITLE: COMMUNITY SEED LIBRARIES; AGRICULTURE
SPONSOR(s): REPRESENTATIVE(s) JOHNSTON
03/24/17 (H) READ THE FIRST TIME - REFERRALS
03/24/17 (H) RES, FIN
04/10/17 (H) RES AT 1:00 PM BARNES 124
04/10/17 (H) -- MEETING CANCELED --
04/12/17 (H) RES AT 1:00 PM BARNES 124
04/12/17 (H) Scheduled but Not Heard
04/13/17 (H) RES AT 5:00 PM BARNES 124
04/13/17 (H) -- Continued from 4/12/17 --
04/17/17 (H) RES AT 1:00 PM BARNES 124
04/17/17 (H) Scheduled but Not Heard
04/19/17 (H) RES AT 1:00 PM BARNES 124
04/19/17 (H) Heard & Held
04/19/17 (H) MINUTE(RES)
04/26/17 (H) RES AT 1:00 PM BARNES 124
04/26/17 (H) Heard & Held
04/26/17 (H) MINUTE(RES)
04/28/17 (H) RES AT 1:00 PM BARNES 124
04/28/17 (H) -- MEETING CANCELED --
05/01/17 (H) RES AT 1:00 PM BARNES 124
05/01/17 (H) Moved CSHB 197(RES) Out of Committee
05/01/17 (H) MINUTE(RES)
05/03/17 (H) RES RPT CS(RES) NT 6DP 3NR
05/03/17 (H) DP: BIRCH, TALERICO, WESTLAKE, JOHNSON,
RAUSCHER, TARR
05/03/17 (H) NR: PARISH, DRUMMOND, JOSEPHSON
02/19/18 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/19/18 (H) Heard & Held
02/19/18 (H) MINUTE(FIN)
04/03/18 (H) FIN AT 10:00 AM ADAMS ROOM 519
04/03/18 (H) Moved CSHB 197(FIN) Out of Committee
04/03/18 (H) MINUTE(FIN)
04/04/18 (H) FIN RPT CS(FIN) NT 8DP 2NR 1AM
04/04/18 (H) DP: GARA, WILSON, GUTTENBERG, GRENN,
ORTIZ, THOMPSON, SEATON, FOSTER
04/04/18 (H) NR: PRUITT, TILTON
04/04/18 (H) AM: KAWASAKI
04/09/18 (H) TRANSMITTED TO (S)
04/09/18 (H) VERSION: CSHB 197(FIN)
04/10/18 (S) READ THE FIRST TIME - REFERRALS
04/10/18 (S) RES
04/16/18 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HJR 29
SHORT TITLE: REAUTHORIZE SECURE RURAL SCHOOLS ACT
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
01/19/18 (H) READ THE FIRST TIME - REFERRALS
01/19/18 (H) STA, JUD, FIN
01/30/18 (H) STA AT 3:00 PM GRUENBERG 120
01/30/18 (H) Heard & Held
01/30/18 (H) MINUTE(STA)
02/01/18 (H) STA AT 3:00 PM GRUENBERG 120
02/01/18 (H) Moved CSHJR 29(STA) Out of Committee
02/01/18 (H) MINUTE(STA)
02/02/18 (H) STA RPT CS(STA) 7DP
02/02/18 (H) DP: TUCK, BIRCH, JOHNSON, WOOL, LEDOUX,
KNOPP, KREISS-TOMKINS
03/09/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/09/18 (H) Moved CSHJR 29(STA) Out of Committee
03/09/18 (H) MINUTE(JUD)
03/12/18 (H) JUD RPT CS(STA) 4DP
03/12/18 (H) DP: KREISS-TOMKINS, STUTES, LEDOUX,
CLAMAN
03/20/18 (H) FIN AT 1:30 PM ADAMS ROOM 519
03/20/18 (H) -- MEETING CANCELED --
03/28/18 (H) FIN AT 1:30 PM ADAMS ROOM 519
03/28/18 (H) Moved CSHJR 29(FIN) Out of Committee
03/28/18 (H) MINUTE(FIN)
03/29/18 (H) FIN RPT CS(FIN) 9DP
03/29/18 (H) DP: GARA, WILSON, KAWASAKI, ORTIZ,
THOMPSON, GUTTENBERG, TILTON, SEATON,
03/29/18 (H) FOSTER
04/11/18 (H) TRANSMITTED TO (S)
04/11/18 (H) VERSION: CSHJR 29(FIN)
04/12/18 (S) READ THE FIRST TIME - REFERRALS
04/12/18 (S) RES
04/16/18 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 354
SHORT TITLE: DIVE FISHERY ASSESSMENTS
SPONSOR(s): REPRESENTATIVE(s) ORTIZ
02/16/18 (H) READ THE FIRST TIME - REFERRALS
02/16/18 (H) FSH, RES
03/08/18 (H) FSH AT 10:00 AM GRUENBERG 120
03/08/18 (H) Moved HB 354 Out of Committee
03/08/18 (H) MINUTE(FSH)
03/09/18 (H) FSH RPT 3DP 1NR
03/09/18 (H) DP: TARR, KREISS-TOMKINS, STUTES
03/09/18 (H) NR: NEUMAN
03/21/18 (H) RES AT 1:00 PM BARNES 124
03/21/18 (H) Heard & Held
03/21/18 (H) MINUTE(RES)
03/23/18 (H) RES AT 1:00 PM BARNES 124
03/23/18 (H) -- MEETING CANCELED --
03/26/18 (H) RES AT 1:00 PM BARNES 124
03/26/18 (H) -- Meeting Postponed to 3/27/18 at 6:30
pm--
03/27/18 (H) RES AT 6:30 PM BARNES 124
03/27/18 (H) Moved HB 354 Out of Committee
03/27/18 (H) MINUTE(RES)
03/28/18 (H) RES RPT 5DP 2NR
03/28/18 (H) DP: LINCOLN, PARISH, TALERICO,
DRUMMOND, TARR
03/28/18 (H) NR: BIRCH, RAUSCHER
04/06/18 (H) TRANSMITTED TO (S)
04/06/18 (H) VERSION: HB 354
04/09/18 (S) READ THE FIRST TIME - REFERRALS
04/09/18 (S) RES
04/16/18 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HCR 23
SHORT TITLE: PROTECT WILDLIFE FROM FOREIGN PATHOGENS
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
02/21/18 (H) READ THE FIRST TIME - REFERRALS
02/21/18 (H) RES
03/02/18 (H) RES AT 1:00 PM BARNES 124
03/02/18 (H) -- MEETING CANCELED --
03/16/18 (H) RES AT 1:00 PM BARNES 124
03/16/18 (H) Heard & Held
03/16/18 (H) MINUTE(RES)
03/21/18 (H) RES AT 1:00 PM BARNES 124
03/21/18 (H) Scheduled but Not Heard
03/23/18 (H) RES AT 1:00 PM BARNES 124
03/23/18 (H) -- MEETING CANCELED --
03/26/18 (H) RES AT 1:00 PM BARNES 124
03/26/18 (H) -- Meeting Postponed to 3/27/18 at 6:30
pm--
03/27/18 (H) RES AT 6:30 PM BARNES 124
03/27/18 (H) Moved CSHCR 23(RES) Out of Committee
03/27/18 (H) MINUTE(RES)
03/29/18 (H) RES RPT CS(RES) 3DP 2NR 4AM
03/29/18 (H) DP: LINCOLN, DRUMMOND, TARR
03/29/18 (H) NR: BIRCH, TALERICO
03/29/18 (H) AM: JOHNSON, RAUSCHER, PARISH,
JOSEPHSON
04/12/18 (H) NOT TAKEN UP 4/12 - ON 4/13 CALENDAR
04/13/18 (H) BEFORE HOUSE IN SECOND READING
04/13/18 (H) TRANSMITTED TO (S)
04/13/18 (H) VERSION: CSHCR 23(RES)
04/14/18 (S) READ THE FIRST TIME - REFERRALS
04/14/18 (S) RES
04/16/18 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE JENNIFER JOHNSTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 197.
ELIZABETH REXFORD, staff to Representative Johnston
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Commented on HB 197 for the sponsor.
AMY SEITZ, Executive Director
Alaska Farm Bureau
Soldotna, Alaska
POSITION STATEMENT: Supported HB 197 and HCR 23.
ROB CARTER
Alaska Plant Material Center
Division of Agriculture
Department of Natural Resources (DNR)
Palmer, Alaska
POSITION STATEMENT: Answered questions on HB 197.
DARRELL BREESE, staff to Representative Rauscher
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Commented on HJR 29 for the sponsor.
ALAN SORUM, Clerk
Valdez School Board
Valdez, Alaska
POSITION STATEMENT: Supported HJR 29.
RUTHIE KNIGHT, Mayor
City of Valdez
Valdez, Alaska
POSITION STATEMENT: Supported CSHJR 29(FIN).
REPRESENTATIVE DAN ORTIZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 354.
LIZ HARPOLD, staff to Representative Ortiz
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Commented on HB 354 for the sponsor.
SCOTT KELLEY, Director
Division of Commercial Fisheries
Alaska Department of Fish and Game (ADF&G)
POSITION STATEMENT: Commented on HB 354.
KEN ALPER, Director
Tax Division
Department of Revenue (DOR)
POSITION STATEMENT: Commented on HB 354.
PHIL DOHERTY, Executive Director
Southeast Alaska Regional Dive Fisheries Association (SARDFA)
Ketchikan, Alaska
POSITION STATEMENT: Supported HB 354.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HCR 23.
ROBERT GERLACH, State Veterinarian
Office of the State Veterinarian
Department of Environmental Conservation (DEC)
Anchorage, Alaska
POSITION STATEMENT: Commented on HCR 23.
TIANA THOMAS
Mutual Aide Network of Livestock Producers and Consumers
Wasilla, Alaska
POSITION STATEMENT: Commented on HCR 23.
THOR STACEY, lobbyist
Alaska Wild Sheep Foundation
Juneau, Alaska
POSITION STATEMENT: Supported HCR 23.
ACTION NARRATIVE
3:32:00 PM
CHAIR CATHY GIESSEL called the Senate Resources Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Stedman, Coghill, Wielechowski, and Giessel.
CHAIR GIESSEL recognized and thanked the recording secretary,
Ann Krekelberg, who is also the Supervisor of Senate Records,
for her work and long service with the Alaska Legislature. She
said the public counts on the recordings to see what legislators
have done and sometimes legal cases refer to the record for
clarity.
CSHB 197(FIN)-COMMUNITY SEED LIBRARIES; AGRICULTURE
3:33:24 PM
CHAIR GIESSEL announced consideration of HB 197 [CSHB 197(FIN),
version 30-LS0493\L, was before the committee].
3:33:48 PM
REPRESENTATIVE JENNIFER JOHNSTON, Alaska State Legislature,
Juneau, Alaska, sponsor of HB 197, said this measure came from
members of her community as a way to legalize the sharing of a
small amount of seeds. Currently, a seed cannot be sold, shared,
or exchanged without going through costly testing and labelling.
Seed sharing in libraries has a potential to contribute
significant value to the health and heritage in Alaska's
communities by providing a place to share regionally adapted
heirloom seeds as an alternative to outside genetically-modified
seeds and help increase bio-diversity and plant resilience in
the state.
She said seed libraries are sprouting up throughout Alaska and
this bill will allow them to operate legally without burdensome
and unnecessary government regulation. This bill will help grow
an organic sense of community and increase Alaska food security.
3:34:53 PM
ELIZABETH REXFORD, staff to Representative Johnston, Alaska
State Legislature, Juneau, Alaska, explained that the newest
version of HB 197 reduces labelling and testing regulations for
the exchange of small batches of non-commercial seeds. This bill
will permit Alaska gardening and farming communities the
opportunity to continue expanding seed sharing without breaking
the law.
She said that Alaska currently has very onerous seed labelling
requirements; currently, any seed that is used at any capacity
within the state has to go through the commercial process of
extensive testing, germinating percentages, and labelling.
The new requirements would be limited to only a few sections:
the seeds' common name, name and address of the seed library,
and if treated with a toxic substance the labelling would
require the statement: "treated seed not for consumption."
Signage in the library to state: "not authorized for commercial
use in not classified, graded, or inspected by the State of
Alaska."
MS. REXFORD said the new fee requirement for labelling is far
less than the two pages of current requirements. As stated
before, Alaska has been experiencing a severe food security
challenge where residents spend close to $2 billion annually
buying food produced from outside of our state. By passing this
bill, Alaska's community seed libraries will be able to
confidently exist and grow into the future.
3:36:52 PM
SENATOR WIELECHOWSKI said this is a good idea and asked if
genetically modified seeds have any special requirements and if
there are concerns about that.
REPRESENTATIVE JOHNSTON answered that in taking testimony from
the seed libraries, he found that some operate through donations
and they didn't want their donated seeds to be too severely
limited.
3:37:42 PM
SENATOR BISHOP joined the committee.
SENATOR MEYER joined the committee.
SENATOR STEDMAN said he was curious about how this measure
interacts with the commercial issue.
REPRESENTATIVE JOHNSTON replied she purposely left that out of
the seed bill, because it's taken care of with other statutes.
SENATOR STEDMAN said so, it's excluded from the community seed
library.
REPRESENTATIVE JOHNSTON answered, "yes."
3:38:50 PM
AMY SEITZ, Executive Director, Alaska Farm Bureau, Soldotna,
Alaska, supported HB 197. She said interest in food security is
increasing in Alaska, and it is an issue that has been very
important to the Alaska Farm Bureau for several years.
She said increasing our food security can be done through
expanding agriculture with our farmers, but it can also be
achieved through encouraging members of the public to grow their
own food. HB 197 would allow personal growth of food by easing
restrictions on labelling requirements for the non-commercial
seed exchanges.
CHAIR GIESSEL said the "purple vetch" on road perimeters ended
up in Alaska because it was mixed in with the seeds that the
Department of Transportation and Public Facilities (DOTPF)
seeded the rights-of-way with. It is an invasive species that is
now choking off our native plants. She asked how it can be
ensured that no weeds are in the seeds that are being put into
these seed libraries.
ROB CARTER, Alaska Plant Material Center, Division of
Agriculture, Department of Natural Resources (DNR), Palmer,
Alaska, answered that the seed that is collected, harvested,
maintained or shared non-commercially is in relatively small
quantities and in this legislation is defined as under 100
pounds. A lot of the seed that has been shared from gardener to
gardener has been tested and meets the commercially standardized
labelling laws and testing requirements. The seed that is grown
and collected on a farm or within a community, remote or on the
road system, is done by hand in a non-mechanized fashion, and in
very small quantities and so, the genetics of seed individuals
have been maintained for years, or even decades. The chances of
collecting an invasive or non-native species would actually not
be very probable since seeds are mostly vegetable, flower, and
garden seeds that are unlike commercial scale seeds that are
collected by machines harvesting hundreds or thousands of acres
at a time where the chance of catching those invasive or non-
native species is very likely.
CHAIR GIESSEL thanked him and finding nor further questions, she
closed public testimony.
SENATOR COGHILL moved to report HB 197 [CSHB 197(FIN), version
\L,] from committee with individual recommendations and attached
fiscal note. There were no objections and it was so ordered.
CSHJR 29(FIN)-REAUTHORIZE SECURE RURAL SCHOOLS ACT
3:43:48 PM
CHAIR GIESSEL announced consideration of HJR 29. [CSHJR 29(FIN)
was before the committee.]
3:44:35 PM
DARRELL BREESE, staff to Representative Rauscher, Alaska State
Legislature, Juneau, Alaska, introduced HJR 29 for the sponsor.
He said this resolution simply calls for the U.S. Congress and
the Administration to enact a permanent resolution and
authorization for the Secure Rural Schools and Self-
Determination Act of 2000.
He explained that the Secure Rural Schools Act was started in
the early 1900s and provided a portion of the timber receipts
from national forests to communities neighboring, adjacent to,
or inside the national forests throughout the country.
Nationwide, this bill affects over 700 communities; in Alaska it
provides funding for 33 communities and 33 school districts. The
funding expired in 2017, but the recently passed federal omnibus
spending package extended this program for two-years. This
resolution simply calls for a permanent extension to this
program, which helps schools throughout the State of Alaska.
SENATOR STEDMAN said this resolution is a good idea and asked if
the committee should have a conversation about this form of
revenue sharing off of federal land and the need for more
economic development in those areas like an increased timber
supply. What is the use of asking for revenue when some folks
want to shut down all the commercial access, which generates the
revenue, he exclaimed.
MR. BREESE replied the sponsor thought of proposing that but
thought the first step should be reauthorization of the funding
first. Once that is established, having something for
development of forest resources could happen at a later date.
Forestry is an important part of development and economic growth
in several communities and it's a shame that it doesn't exist
like it used to.
SENATOR STEDMAN said they might get a little different list of
interested parties if on one hand you can have no development
and get a check and on the other hand, you have to have
development to get some revenue sharing. These western lands in
the United States should be producing more revenue, particularly
in the Tongass.
CHAIR GIESSEL listed the letters of support from schools in
Sitka, Yakutat, and Angoon.
3:49:25 PM
ALAN SORUM, Clerk, Valdez School Board, Valdez, Alaska,
supported HJR 29. He is also on the Board of the Forested
Counties and Schools Coalition and has been working with the
sponsors of this resolution for a while. The Secure Rural
Schools Program (SRS) within the Tongass and Chugach forests is
a real important program and they have often spoken of
timber/forest reorganization. The fear is that this is an
ongoing effort and the schools will suffer in the eight or nine
years it will take to do any kind of forest reform.
He explained that the timber receipts program operated on auto
pilot for many years, because they came in every year and were
distributed to the schools. The SRS program came out of the
federal government's decision to pull back from resource
development. So, whatever resource development effort takes
place, it will take a lot longer than the schools have. He has
talked personally with the federal delegation and they are all
co-sponsors of legislation to reauthorize and fund this program.
The omnibus bill passed a little while ago, but that is only a
stop gap; it doesn't address the long-term viability of the
program. He thanked them for support of this resolution.
3:52:34 PM
RUTHIE KNIGHT, Mayor, City of Valdez, Valdez, Alaska, supported
HJR 29. She said in the 29 years she has lived in Alaska, she
has lived in both the Tongass and the Chugach National Forests.
She was on the Wrangell City Council and is now the sitting
mayor of Valdez. When you see the funds come through the "timber
receipts" funding into the city budgets, it really does help
them figure out ways to fund the schools with what they need.
Every little bit helps, she said.
CHAIR GIESSEL thanked Ms. Knight for her testimony and remarked
that hopefully the kids are aware that some school revenue comes
from timber development. She commented that the state needs to
keep "gardening" and "harvesting" the forest, because it is a
renewable resource. Finding no further comments, she closed
public testimony on CSHJR 29(FIN).
3:55:15 PM
SENATOR STEDMAN commented that 20-some years ago when the state
was facing the termination of the two 50-year timber contracts
for the pulp mill, there was a lot of debate, and support was
pretty clear in different regions. Obviously, the politics of
the time dictated the results.
He observed that most of the communities on the list are sitting
in his district, and assured them that the Ketchikan Gateway
Borough supports jobs in the timber industry and supports
extension of this program. Tourism jobs pale in comparison. He
pointed out that you need an industry to create the economy to
write the checks.
SENATOR BISHOP emphasized that key word is "renewable" resource.
3:59:36 PM
SENATOR COGHILL moved to report CSHJR 29(FIN) from committee
with individual recommendations and attached fiscal note(s).
There were no objections and it was so ordered.
HB 354-DIVE FISHERY ASSESSMENTS
4:00:27 PM
CHAIR GIESSEL announced consideration of HB 354 [version 30-
LS1368\D, was before the committee].
REPRESENTATIVE DAN ORTIZ, sponsor of HB 354, Alaska State
Legislature, said this measure streamlines the process in which
the Southeast Alaska Regional Dive Fisheries Association
(SARDFA) can amend an assessment. SARDFA is a non-profit
association that represents all dive fishery permit holders in
the Southeast commercial fishing region. It is the only dive
fishery association in the state regulated under AS
43.76.150.210, and current statutes require a majority of permit
holders to participate in an election to modify an assessment.
He explained that due to the Southeast Alaska dive fishery
becoming a limited entry fishery in the 1990s, many of the
permits are non-transferrable and are no longer actively being
fished. The proposed legislation allows for a change in
assessment to be initiated by a three-fourths vote of the SARDFA
board and passed with a majority of permit holders participating
in an election.
REPRESENTATIVE ORTIZ explained that this bill changes the
existing way SARDFA conducts assessments on their different
fisheries. Their fishermen are assessed to fund Alaska
Department of Fish and Game (ADF&G) activities to manage those
fisheries. The problems is that originally, the assessment
required a majority of permit holders to participate in an
election and there is less and less participation, because
people are aging out of the fisheries.
CHAIR GIESSEL asked staff to go through the bill.
LIZ HARPOLD, staff to Representative Ortiz, Alaska State
Legislature, explained that HB 354 essentially changes the
threshold for initiating a change and also electing that change
in an assessment.
Section 1 adds language to clarify which sections the assessment
is levied, amended, and terminated.
Page 1, lines 7-10, clarify that it's a majority of permit
holders versus participating in an election instead of a
majority of all permit holders total.
Page 1, lines 11-12 create the minimum threshold of permit
holders being required to participate at 25 percent.
Section 2 on page 2, line 4, is conforming language reflecting
the changes made in section 1.
She pointed out that AS 43.76. sections (a)-(d) have to do with
the notice for election, the election procedures, and the
certification of results. Adding subsection (b) reiterates that
levying, amending, or terminating an assessment must pass with a
majority of permit holders participating in an election with a
minimum of 25 percent participation.
Sections 3 and 4 change how the amendment of (3) or the
termination of (4) an assessment is initiated. So, instead of it
being brought forward to the commissioner of the Department of
Revenue (DOR) by 25 percent of the fishermen who participated in
the previous election, the initiation of changing this
assessment will be brought forward by the three-quarters vote of
the board of directors.
4:05:22 PM
SENATOR WIELECHOWSKI asked what a dive fishery management
assessment is.
REPRESENTATIVE ORTIZ answered it is a tax that is put on the
value of, for example, the sale of geoduck that goes directly to
the Department of Revenue (DOR) that disburses it to the Alaska
Department of Fish and Game (ADF&G) so it can continue to manage
that particular fishery, in this instance the geoduck fishery.
No general funds are used; it's all their own money.
SENATOR WIELECHOWSKI asked if industry is setting its own rates
of taxation.
REPRESENTATIVE ORTIZ replied yes, but like any other fishing
industry, they want to see preservation of the stocks for the
future, so they can continue being part of the economy. The tax
is based on what ADF&G sees itself needing to manage the stocks.
4:07:03 PM
SENATOR WIELECHOWSKI asked what the money is used for.
REPRESENTATIVE ORTIZ replied that the money is used by ADF&G to
assess the stocks through a variety of ways.
SENATOR WIELECHOWSKI asked what if ADF&G says it needs a 5
percent tax and people say no, it should be 4 percent. Can they
set a lower rate?
REPRESENTATIVE ORTIZ replied yes, theoretically; but if
fishermen want their stocks to be managed, they have to pay for
it.
SENATOR BISHOP commented that at end of the day, the dive
fishery funds the department to assess whether it has an opening
or not.
REPRESENTATIVE ORTIZ replied yes.
SENATOR STEDMAN said this tax is in addition to the state
fisheries tax, but this is the direction they want industries to
go: to be self-supporting and not rely on the general fund. The
challenge is if they hit the score a little high and the revenue
needs adjusting.
4:10:45 PM
SENATOR MEYER asked if the industry in Southeast is healthy in
general. Should we maintain it or make it stronger?
4:11:13 PM
SCOTT KELLEY, Director, Division of Commercial Fisheries, Alaska
Department of Fish and Game (ADF&G), answered that the three
fisheries - sea urchins, cucumbers, and geoduck clams - are all
healthy. Those fisheries have generated $8.5-12.5 million in ex-
vessel value.
SENATOR WIELECHOWSKI asked if the department supports this bill
and how the amount of funding has worked so far. What is done
with the excess funds?
MR. KELLEY replied that the assessment goes to the DOR and the
ADF&G gets just a small piece of that through what is called a
"cooperative agreement." Their piece of the assessment is
relatively small and the most of it goes to the dive fishery for
water testing, and staffing. He added that these fisheries can't
happen by regulation unless the stocks are assessed. He brings
that up because that motivates the association to fund ADF&G
operations. The department is currently adequately funded.
SENATOR WIELECHOWSKI asked how much is collected and how much
goes to each department.
MR. KELLEY replied that the Division of Commercial Fisheries
receives about $104,000 per year from the dive fishery
assessments and he didn't know how that broke down.
SENATOR WIELECHOWSKI asked if he supported this measure and if
the department has sufficient funds to continue doing what he
wants to do.
MR. KELLEY replied that the department supports this bill, but
in a way, it is an internal matter for the association. The
ADF&G commissioner is only charged with certifying the election
and making sure the statutory voting requirements are followed.
4:15:35 PM
SENATOR STEDMAN commented that legislators had worked on this
dive fishery for years. It's nice to see that it is successful
and that outside of the sea otter predation problem, it is self-
sustaining.
CHAIR GIESSEL remarked that geoducks are highly sought in the
Orient.
MR. KELLEY replied that is true and that sometimes live geoducks
go for $11.50 a pound; processed ones are worth about 65 cents a
pound.
SENATOR WIELECHOWSKI asked if he could have his question about
the assessments answered.
KEN ALPER, Director, Tax Division, Department of Revenue (DOR),
replied that the value of the assessment is a percentage of the
value and it varies from year to year. Part of the reason this
is an issue is that the sea cucumbers are having somewhat of a
boom and have contributed more money through the assessment than
is needed and are struggling to reduce the rate. Total
collections in recent years from the three dive fisheries is
$600,000-800,000.
SENATOR WIELECHOWSKI said he thought he heard ADF&G testify that
they need about $104,000 and that they are getting much more.
MR. ALPER replied that the Tax Division's role is mechanical;
they are collecting the assessment alongside all of the other
fish taxes. It is designated general fund subject to
appropriation. Put into context, it is similar to the hatchery
and Alaska Seafood Marketing Institute (ASMI) assessments. He
understands that SARDFA is accumulating something of a "reserve
account" that they are funding their own operations to manage
their fishery from their end, but it's in a pot where they can't
just use it, and they have more than they need. That is part of
why they want to reduce the assessment.
SENATOR WIELECHOWSKI said he knows some fishery funds are
dedicated and asked if the excess money goes into the general
fund, and if he sees it diminish there.
MR. ALPER answered these three fisheries' funds are designated
general fund and are intended to be within the state's dedicated
funds restrictions, meaning they are approved by the
legislature, and to a certain extent, the assessment has to be
approved by the user group in a vote. He understands that has
been upheld so long as the money, itself, remains subject to
appropriation.
SENATOR WIELECHOWSKI asked if that is an appropriation to the
general fund, because he said it was "dedicated."
MR. ALPER replied if he said that word, it was in the context of
avoiding any linkage to a dedicated fund. This is considered
designated general fund (DGF) within the revenue system. It
comes in with the expectation that it's going to a purpose that
is subject to appropriation annually.
SENATOR WIELECHOWSKI asked what is happening to the other
$500,000.
MR. ALPER replied that his understanding is that it goes to
SARDFA, which is a non-profit, and sits in their reserve
account. That is why they want to reduce the assessments for a
couple of years while they spend it down.
SENATOR MEYER asked him to explain the indeterminate fiscal note
that says additional revenue may come to the state.
MR. ALPER replied that he didn't have the fiscal note before him
but there had been several versions. Originally, it was
indeterminate and then was changed to zero. The reason it was
indeterminate is that this bill might make it easier for the
fishermen user group to reduce their rate, and therefore, reduce
the direct flow of cash to the state. However, dollar for
dollar, whatever comes in reduces the amount that passes through
to the user group, and the net effect regardless of that rate
will be zero in regard to budgeting the state's revenue.
SENATOR MEYER said it seems that as this industry grows, they
might generate a lot of funds that the state could use for other
fisheries, but that was a discussion for another time.
MR. ALPER responded that the self-assessment for dive fishery
management is in addition to the traditional fisheries tax that
all Alaska's commercial fishermen pay, which is all general
fund-shared with the municipality. This was added at their
request to support their own operations, and to the extent that
their fishery grows, ADF&G's costs are going to increase, too.
He believes that compared to salmon in a creek, it costs more to
assess these fisheries. It is more capital intensive, because
divers have to be sent down to figure out the health of the
fishery and what sort of openers they can have.
SENATOR MEYER remarked they have to deal with the sea otters,
too.
MR. ALPER declined to touch that.
4:23:41 PM
CHAIR GIESSEL, finding no further questions, opened public
testimony.
PHIL DOHERTY, Executive Director, Southeast Alaska Regional Dive
Fisheries Association (SARDFA), Ketchikan, Alaska, supported HB
354. The association, working with the sponsors, generated this
legislation through the board of directors, their two reactive
fisheries committees - the geoduck clam and the sea urchin
fisheries - and the sea cucumber committee. Through all of those
steps, they did not have a negative vote. SARDFA wants this to
happen.
He explained that the three fisheries have a mandatory tax above
and beyond the 3 percent state fisheries tax. They tax
themselves 5 percent of the sea cucumber and red sea urchin ex-
vessel value and 7 percent of the geoduck clam ex-vessel value.
They enter, under regulation, an annual operating plan with the
ADF&G. Then sit down at the table with them and discuss what is
needed for the upcoming year for assessments of the three
species and agree on that. Then SARDFA, through these taxes,
pays the ADF&G to manage and do the assessment work and
necessary research on the three species. This is done through
the regulatory process on any given year. If they do not give
ADF&G the necessary funds for them to conduct research,
management, and assessment, they don't have a fishery.
Obviously, they want fisheries.
MR. DOHERTY explained that the excess money above and beyond
what is given to the department goes into the three separate
reserve funds and those funds can't be intermingled. Whatever is
done for each of the three fisheries is paid for by that fishery
with the department is paid off the top.
Sea cucumber enhancement has been ongoing for the last 20 years,
but that might not be possible for wild stocks because of sea
otter predation. The Alutiiq Pride Shellfish Hatchery (APSH) has
spent over $300,000 to get that industry off the ground; they
have an association and the excess money goes into running that
association.
MR. DOHERTY said the sea urchin and geoduck clam fisheries don't
have a lot of money to put in the bank at the end of the day.
Fortunately, the sea cucumber fishery has been able to bank
enough money that the fishermen feel they can lower their 5
percent tax down to either 3 percent or 1 percent and still meet
their financial requirements for the State of Alaska. That will
enable these fishermen, by reducing their tax, to actually
realize real money into their pockets at the end of the season.
Unfortunately, the initial legislation that was formed over 20
years ago says that a majority of all the permit holders is
needed to change the tax, and now a number of those are latent
permits that are still bought on an annual basis, but they don't
get fished. But if you have a permit card, even though you have
not made a landing, you are part of the association and your
vote counts.
MR. DOHERTY said three years ago they tried to change the sea
cucumber tax from 5 percent to 3 percent, but couldn't meet the
hurdle of getting a majority of the sea cucumber permit holders
to vote. This legislation is 100 percent agreed upon within the
association; they are just trying to lower the bar to be able to
have a vote that will help fishermen who are still fishing to
lower the assessment. He added that if the financial commitments
to the State of Alaska are not met, they won't fish, and every
permit holder understands that.
CHAIR GIESSEL thanked him for that explanation.
4:30:59 PM
SENATOR WIELECHOWSKI asked how many permit holders there are and
how many of them live in Alaska.
MR. DOHERTY replied that individuals in all the three fisheries
get a limited entry permit. So, one permit doesn't let you dive
in all three fisheries. There are a little over 300 permits in
the fisheries that has dropped from about 350. Some permits are
non-renewable so the number of permits is dropping on an annual
basis. About 65 percent of the permits are from Alaskan
residents.
4:32:01 PM
SENATOR WIELECHOWSKI asked if there is an annual fee to hold a
permit.
MR. DOHERTY answered yes: the geoduck permit is about $225, the
sea cucumber fishery is $75, and the same for the red sea urchin
fishery. He added that of the 310 permit holders there are about
210 active divers. Unfortunately, when they need to vote on the
annual tax, they couldn't get enough fishermen to return the
ballots to lower the tax. It frustrated many of the active
fishermen.
SENATOR WIELECHOWSKI said he would like to see some ideas on how
to get the 35 percent who don't live in Alaska transferred into
Alaskans' hands.
4:33:38 PM
CHAIR GIESSEL, finding no further questions, closed public
testimony.
SENATOR COGHILL moved to report HB 354, version D, from
committee with individual recommendations and attached zero
fiscal note. There were no objections and it was so ordered.
CSHCR 23(RES)-PROTECT WILDLIFE FROM FOREIGN PATHOGENS
4:34:18 PM
CHAIR GIESSEL announced consideration of HCR 23. [CSHCR 23(RES)
was before the committee.]
4:34:42 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, Juneau,
Alaska, sponsor of HCR 23, explained that the impetus for this
resolution came from concerns with the Micoplasma Ovipneumoniae
(M.Ovi) bacteria, which has been identified in the last 30-40
days, principally in Unit 15 on the Kenai Peninsula and Unit 13
in the MatSu area, as having infected goats and sheep. It has
also been identified elsewhere. There are many strains of M.OVI
and the department is doing the technical and laboratory work to
find out which strain this is.
He explained that the response to the M.Ovi issue has been
"pretty dramatic." This resolution has received in the
neighborhood of 100-plus letters of support and a handful in
opposition. The concern stems from a catastrophic die-off of big
game sheep in the Rocky Mountains, and naturally, big game
guides and hunters and others don't want to see that happen
here.
REPRESENTATIVE JOSEPHSON said this resolution was caught up with
issues about domestic husbandry and domestic animals. The Board
of Game heard a couple of proposals and concluded it didn't have
jurisdiction over the matter. The State Veterinarian is very
involved and does not oppose the resolution as it is written and
wants the state to be vigilant and to keep working on this
issue. Some may believe that this has to be an either-or kind of
thing, because of alarm over a possible effort to intervene in
the putative source of the M.Ovi virus. We don't want to see a
die-off of wild game.
REPRESENTATIVE JOSEPHSON said language in the second and fifth
whereas clauses of the resolution were changed in the House
Resources Committee and uses the term "livestock" in a way that
he didn't agree with. But when it was argued on the House Floor
it was viewed as balanced. Some of the words, particularly on
lines 6 and 13 talking about science-based livestock management
attributing billions of dollars of economic value to livestock,
are not quite accurate.
CHAIR GIESSEL thanked him for taking on this issue. She said the
State Veterinarian with the Department of Environmental
Conservation (DEC) was on-line and clarified that the state has
lots of state veterinarians. ADF&G has one and the upcoming
fiscal year budget contains funding for the incorporation of a
new position of veterinarian in the DNR's Division of
Agriculture.
4:39:49 PM
CHAIR GIESSEL asked for state veterinarian questions.
SENATOR STEDMAN asked his opinion of the new finding of some of
these diseased animals.
4:40:21 PM
ROBERT GERLACH, State Veterinarian, Office of the State
Veterinarian, Department of Environmental Conservation (DEC),
Anchorage, Alaska, answered that he began a study one year ago
when the question of mycoplasma pneumonia was brought up. They
started testing livestock, both sheep and goats, across the
state to determine the prevalence of this pathogen in domestic
livestock. Right now, there is a prevalence rate of about 4-5
percent in domestic livestock. In that same time period, ADF&G
also began testing samples for mycoplasma ovipneumoniae in
different wildlife species and populations across the state and
have been doing surveillance for mycoplasma bacteria in wildlife
for a number of years and just now instituted a stronger push
toward a different testing method for it. Several press releases
on the findings on the wild sheep and goats across the state
have been put out. It has been found wild populations in the
Kenai Peninsula and up northeast of the Brooks Range.
SENATOR COGHILL thanked him for his answers. He asked what new
things would happen if this resolution passes.
MR. GERLACH answered the surveillance and understanding of the
presence of this pathogen in both domestic and wild species
across the state would continue. But what they don't know, and
ADF&G is taking a big step in doing, is not just testing wild
sheep or goats but testing other species to see if they are
affected by it or if they could be carriers and transmitters.
SENATOR COGHILL said he appreciates that and asked if the
resolution speeds them along in the right direction.
MR. GERLACH answered what DEC and ADF&G have been coordinating
work on it and on a number of different diseases, as well like
chronic wasting disease surveillance, influenza, rabies, and
others, in the same manner.
4:45:03 PM
CHAIR GIESSEL noted that language on page 2, lines 1-2, says,
"Whereas wildlife of the state is under continuous and
increasing threat from foreign pathogens, infectious diseases,
and non-endemic parasites..." and asked if he as the DEC State
Veterinarian considered M.Ovi pathogen a threat.
MR. GERLACH replied from what they know at this time, they see
no negative impact of mycoplasma ovipneumoniae in either
domestic or wildlife species. So, the identification of this
pathogen needs to be further evaluated. The Lower 48 states and
Southern British Columbia have totally different situations with
respect to the habitat they have for their wild sheep, the
amounts of interaction they have, the stressors on those
populations, and the overall density of our domestic livestock
in comparison to what these other areas have. The two situations
are totally different and just because we have the presence of a
pathogen doesn't necessarily mean we have the disease or
pathology that results from it. He explained that if you went
out and picked up some dirt from the ground, a number of
different pathogens could get on your hands, but just because
they are there doesn't mean you are going to be sick, especially
if you take certain precautions and management procedures such
as washing hands and other things to prevent it.
In this case they have been provided a time period to go ahead
and look at the situation, work to understand what the risks
are, and then help to institute management changes if they are
needed to prevent risk to either domestic or wildlife
populations in Alaska. This is a concern for many emerging
diseases in the state, not just mycoplasma ovipneumoniae.
CHAIR GIESSEL said she appreciated his balanced response. She
said Alaska has 25 percent of the wild sheep in North America
and it could have a substantial impact on Alaska if the pathogen
proves to be deadly. She appreciated the ongoing investigation.
4:48:13 PM
CHAIR GIESSEL, finding no further questions, opened public
testimony on HCR 23.
AMY SEITZ, Executive Director, Alaska Farm Bureau, Soldotna,
Alaska, supported HCR 23. She said the Alaska Farm Bureau agrees
with the idea of encouraging Alaska's agencies to protect
wildlife and domestic animals and appreciates the amendments
added in the House Resources Committee stating that the
information needs to be gathered in order to make a science-
based decision and adding references to domestic animals and
livestock to correlate with the title that references both.
If this resolution passes, she said it is important to know if
the support is for encouraging agencies to gather the
information and make science-based management decisions with
necessary and prudent measures or if this is a revolution
pushing for action. There can be significant differences between
these two possible ways of looking at it. Especially since the
current M.Ovi issue spurred this resolution on, they believe
agencies are taking necessary and prudent steps to gather
Alaska-specific information in order to make appropriate actions
to minimize the risk of a disease outbreak.
MS. SEITZ said that enhancing efforts and taking actions before
getting the information to prevent this spread of pathogens can
be extreme and not necessarily the right approach. Had actions
been taken when this issue first came to Alaska before they had
any information, they probably wouldn't have discovered that
M.Ovi was already in our wildlife or that it's up in the Brooks
Range where it most likely didn't come from a direct contact
with domestic animal. So, it's really important to get the
information before taking action.
She said one of the points that has been brought up is that the
requestors want to go M.Ovi-free in the state, and at this point
they don't know enough about this pathogen to know how to go
M.Ovi-free or if it is even possible. Trying to eradicate a
pathogen would be extremely costly to the state and domestic
owners. We don't know if M.Ovi is endemic in our wild
populations, and there have been indications that other
ungulates can be carriers of M.Ovi, so it would be unwise to
encourage agencies to take actions before understanding what
appropriate action would be. If the sole focus is on regulating
domestic sheep and goats, we may end up missing something really
important when trying to solve this problem.
MS. SEITZ said several other countries that have wild and
domestic animals don't seem to be having the same problem that
Big Horn Sheep have had. It would be important to find out why
and why Alaska has M.OVI in its wild herds, but they still
appear to be healthy, and how long it has been in our wild
populations.
She said the agencies mentioned in this resolution do take
necessary and prudent steps to gather information in order to
make a science-based decision whether it's M.Ovi, winter tics,
or numerous other diseases they monitor. If this resolution
passes, they hope it's with the intent to encourage and support
the agencies in gathering the facts and science to justify any
actions and not as a way of pushing them into action without
information.
4:53:09 PM
TIANA THOMAS, Mutual Aide Network of Livestock Producers and
Consumers, Wasilla, Alaska, said their network receives feed
from Delta, sells meats through the Farmers Market, and eggs and
milk through Shares. She advised them to be cautious of two
words in the resolution: "enhanced" and "catastrophic." In other
states, "enhanced" measures include extirpation of any flocks
that has a single positive member. In the 2017 Fall issue of the
Wild Sheep Foundation Magazine she read an article by Dr. Besser
D.V.M. that he is no longer recommending extirpating entire
herds. Rather they look to see which animals cannot clear the
mycoplasma and it seems that only 10 percent of the Big Horns
cannot do that; the rest of them are developing the ability to
clear the mycoplasma and becoming disease resistant.
She said that domestic animals have had a longer encounter with
M.OVI and have much better clearance rates. In fact, out of all
the testing that was voluntary on domestics in the state only
one animal tested positive on all three nasal swabs and the
antibody serum detection. The rest of them had detections but
did not have the infection, and they definitely did not have
concurrent positive swabs. They are looking at having greater
cooperation with the State Veterinarian to develop M.OVI-free
source herds for pack goats that would go into Dall Sheep
habitat.
4:55:44 PM
However, she encouraged members to respect the Alaska and U.S.
Constitution and not ask private property citizens what they
would never ask of a gun owner, because those the enhanced
measures are universal registration, mandatory tests,
confiscation and destruction of those that fail the test.
Hunters would never be asked that. These are strong-arm tactics
that would obstruct and discourage open cooperation going into
the future with the State Veterinarian.
Further, Ms. Thomas said it would be financially hard for the
state to administer and definitely be a hardship for farmers.
Mandatory testing on all private properties would double the
cost of animals. She supports M.OVI-free source herds for
animals that will go out into public lands.
4:57:36 PM
MS. THOMAS said the state's food security and access is very
important and people currently outnumber caribou. While trophy
hunting is a big part of conservation, it takes the pressure off
of the young tender tasty breeding age animals. Without a
substitution from the domestic sector for those animals as a
poaching source, subsistence users could quite easily lose all
of their native animals and subsistence sources.
She understands that it's hard on guides to follow the natural
fluctuating cycles of the Big Horns in the state, but it is also
hard on the animals to artificially sustain an elevated density.
Drastic crashes and drastic peaks can be smoothed out, but it is
not wise to follow enhanced measures to keep an artificially
elevated population - although the Big Horn numbers have been
increasing wonderfully of the past couple of decades.
MS. THOMAS pointed out that pack horses have been exempted from
any scrutiny for disease transfer even though confinement
studies found that horses and goats have very nearly the same
rates of disease transfer. She asked that all animals be
included in the resolution, because domestics and wildlife are
equally valuable to the residents of the State of Alaska, but
those are being managed for the residents and not for the
resource itself.
CHAIR GIESSEL thanked Ms. Thomas for her testimony and said she
appreciated her passion on this subject. She pointed out that
the words "domestic animals and wildlife" appear balanced in
this resolution and appear with equal frequency.
4:59:47 PM
THOR STACEY, lobbyist, Alaska Wild Sheep Foundation, Juneau,
Alaska, supported HCR 23. This is a matter of conservation. It
has to do with constitutional mandates for sustained yield. Dall
sheep, mountain goats, and musk ox are clearly covered in
section 8 of the Constitution.
He said the Wild Sheep Foundation is mostly composed of hunters,
although as with other types of conservation organizations it is
aligned in its mission to preserve wildlife for non-consumptive
users. However, from a hunter's perspective, this makes an
important statement of policy: if there is a disease outbreak in
the state, the full cost of that measure would be borne by
hunters. Wildlife is clearly supported by hunting licenses and
the fees that go to the Division of Wildlife. No general fund
monies are used. There is no responsibility at all on the
domestic side if an outbreak occurs. This is unlike a forest
fire: once the originating party in a fire is identified, that
party has the responsibility to indemnify the public for the
loss of the forest and to indemnify owners of cabins or property
that gets destroyed by this event.
In the case of a disease outbreak, Mr. Stacey said there is no
responsibility on the person from which the disease outbreak
originates. So, they appreciate the effort they put into a pro-
active policy that hopefully works to minimize the burden: loss
of the resource and the costs ultimately that go to the end
users.
5:02:24 PM
MR. STACEY said secondly, this resolution brings policy in line
with the policies the legislature has put forward on fisheries
management to prevent disease transmission from aquaculture,
fish farming, ranches, and all series of projects to enhance
fisheries. The wild fish are obviously a priority in the state.
He said hopefully those changes - adding "livestock" on page 1,
lines 6 and 13, where it's not very intuitive how livestock fits
in - that are supported by the Farm Bureau and the House
represent a collaborative commitment for the agricultural side
and the wildlife side to work together on what approach to take.
CHAIR GIESSEL, finding no questions, thanked Mr. Stacey for his
testimony, and closed public testimony. She commented that Mr.
Stacey used the term "collaborative commitment" and that is what
she is also hoping for. The discussion has centered around
M.OVI, but this is a broad statement about measures to detect
the presence of infectious diseases and foreign pathogens.
Canada has barred the entry of cows into their country when
there was a mad cow outbreak and multiple pathogens exist that
could affect our wild stocks. She was pleased that at this point
the Division of Agriculture will have its own veterinarians
coming on board.
5:05:49 PM
SENATOR COGHILL commented that he didn't expect that the
enhanced efforts would be as draconian as portrayed, but those
efforts deal with both wildlife and domestic animals, and if
anything, drastic was happening, the legislature would hear
about it.
He moved to report CSHCR 23(RES), version 30-LS1434\D, from
committee with individual recommendations and attached zero
fiscal note(s). There were no objections and it was so ordered.
5:07:07 PM
CHAIR GIESSEL adjourned the Senate Resources Standing Committee
meeting at 5:07 p.m.