05/10/2024 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB295 | |
| HB329 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| * | HB 295 | ||
| * | HB 329 | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
May 10, 2024
3:32 p.m.
DRAFT
MEMBERS PRESENT
Senator Click Bishop, Co-Chair
Senator Cathy Giessel, Co-Chair
Senator Bill Wielechowski, Vice Chair
Senator Scott Kawasaki
Senator James Kaufman
Senator Forrest Dunbar
Senator Matt Claman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 295(RES)
"An Act authorizing the sale of hatchery-produced salmon to
certain persons for the purpose of stocking lakes."
- MOVED SCS CSHB 295(RES) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 329(FSH) AM
"An Act relating to state tideland leases; relating to geoduck
seed transfers; and relating to aquatic farming or related
hatchery operation site leases."
- HEARD AND HELD -
PREVIOUS COMMITTEE ACTION
BILL: HB 295
SHORT TITLE: SALMON HATCHERY PERMITS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/26/24 (H) READ THE FIRST TIME - REFERRALS
01/26/24 (H) FSH
02/06/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/06/24 (H) Scheduled but Not Heard
02/20/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/20/24 (H) -- MEETING CANCELED --
02/27/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/27/24 (H) Heard & Held
02/27/24 (H) MINUTE(FSH)
03/05/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/05/24 (H) <Bill Hearing Canceled>
03/07/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/07/24 (H) Moved CSHB 295(FSH) Out of Committee
03/07/24 (H) MINUTE(FSH)
03/11/24 (H) FSH RPT CS(FSH) NEW TITLE 4DP 3NR
03/11/24 (H) DP: CARPENTER, STUTES, MCCABE, VANCE
03/11/24 (H) NR: C.JOHNSON, HIMSCHOOT, MCCORMICK
03/13/24 (H) RES REFERRAL ADDED AFTER FSH
03/18/24 (H) RES AT 1:00 PM BARNES 124
03/18/24 (H) -- MEETING CANCELED --
03/20/24 (H) RES AT 1:00 PM BARNES 124
03/20/24 (H) Heard & Held
03/20/24 (H) MINUTE(RES)
03/22/24 (H) RES AT 1:00 PM BARNES 124
03/22/24 (H) Heard & Held
03/22/24 (H) MINUTE(RES)
03/25/24 (H) RES AT 1:00 PM BARNES 124
03/25/24 (H) Moved CSHB 295(RES) Out of Committee
03/25/24 (H) MINUTE(RES)
03/27/24 (H) RES RPT CS(RES) NEW TITLE 3DP 6NR
03/27/24 (H) DP: BAKER, RAUSCHER, MCKAY
03/27/24 (H) NR: MEARS, ARMSTRONG, DIBERT, MCCABE,
SADDLER, WRIGHT
05/06/24 (H) TRANSMITTED TO (S)
05/06/24 (H) VERSION: CSHB 295(RES)
05/07/24 (S) READ THE FIRST TIME - REFERRALS
05/07/24 (S) RES
05/10/24 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 329
SHORT TITLE: AQUATIC FARMS AND HATCHERIES
SPONSOR(s): VANCE
02/15/24 (H) READ THE FIRST TIME - REFERRALS
02/15/24 (H) FSH, RES
02/27/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/27/24 (H) <Bill Hearing Canceled>
03/05/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/05/24 (H) <Bill Hearing Canceled>
03/07/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/07/24 (H) Heard & Held
03/07/24 (H) MINUTE(FSH)
03/14/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/14/24 (H) -- MEETING CANCELED --
03/19/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/19/24 (H) <Bill Hearing Rescheduled to 03/21/24>
03/21/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/21/24 (H) -- MEETING CANCELED --
03/26/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/26/24 (H) Moved CSHB 329(FSH) Out of Committee
03/26/24 (H) MINUTE(FSH)
03/28/24 (H) FSH RPT CS(FSH) NEW TITLE 6DP
03/28/24 (H) DP: C.JOHNSON, HIMSCHOOT, CARPENTER,
STUTES, MCCABE, VANCE
03/28/24 (H) FIN REFERRAL ADDED AFTER RES
04/08/24 (H) RES AT 1:00 PM BARNES 124
04/08/24 (H) Heard & Held
04/08/24 (H) MINUTE(RES)
04/15/24 (H) RES AT 1:00 PM BARNES 124
04/15/24 (H) Heard & Held
04/15/24 (H) MINUTE(RES)
04/17/24 (H) RES AT 1:00 PM BARNES 124
04/17/24 (H) Moved CSHB 329(FSH) Out of Committee
04/17/24 (H) MINUTE(RES)
04/18/24 (H) RES RPT CS(FSH) NEW TITLE 4DP 4NR
04/18/24 (H) DP: MCCABE, BAKER, RAUSCHER, MCKAY
04/18/24 (H) NR: MEARS, DIBERT, SADDLER, WRIGHT
04/26/24 (H) FIN REFERRAL REMOVED
05/03/24 (H) TRANSMITTED TO (S)
05/03/24 (H) VERSION: CSHB 329(FSH) AM
05/06/24 (S) READ THE FIRST TIME - REFERRALS
05/06/24 (S) RES
05/10/24 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SAM RABUNG, Director
Division of Commercial Fisheries
Alaska Department of Fish and Game (ADFG)
Juneau, Alaska
POSITION STATEMENT: Presented an overview of HB 295.
JOE FELKL, Legislative Liaison
Alaska Department of Fish and Game (ADFG)
Juneau, Alaska
POSITION STATEMENT: Spoke to HB 295.
REPRESENTATIVE SARAH VANCE, District 6
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 329.
KATE DUFAULT, Program Manager
Aquatic Farm Leasing and Shore Fishery Leasing Programs
Division of Mining, Land, and Water
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Answered questions on HB 329
JASON LESSARD, Executive Director
Alaska Mariculture Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 329.
PAUL FUHS, President
Alaska Shellfish Growers Cooperative
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 329.
ACTION NARRATIVE
3:32:12 PM
CO-CHAIR CLICK BISHOP called the Senate Resources Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Wielechowski, Kawasaki, Kaufman, Dunbar,
Claman, Co-Chair Giessel, and Co-Chair Bishop.
HB 295-SALMON HATCHERY PERMITS
3:32:54 PM
CO-CHAIR BISHOP announced the consideration of CS FOR HOUSE BILL
NO. 295(RES) "An Act authorizing the sale of hatchery-produced
salmon to certain persons for the purpose of stocking lakes."
CO-CHAIR BISHOP stated companion bill SB 210 was heard on March
11, 2024 in the Senate Resources Standing Committee.
3:33:40 PM
SAM RABUNG, Director, Division of Commercial Fisheries, Alaska
Department of Fish and Game (ADFG), Juneau, Alaska, presented an
overview of HB 295. He said HB 295 lets private non-profit
hatcheries sell fish to stock public lakes in Alaska, expanding
beyond current limits that only allow sales between ADFG and
non-profit hatcheries. He said stocking requests must still
follow strict reviews and biological standards. HB 295 will
boost recreation and food security by increasing fish stocking
resources.
3:35:18 PM
JOE FELKL, Legislative Liaison, Alaska Department of Fish and
Game (ADFG), Juneau, Alaska, reviewed the sectional analysis and
summary of changes for HB 295.
3:35:31 PM
MR. FELKL provided the sectional analysis for HB 295:
[Original punctuation provided.]
HB 295: SALMON HATCHERY PERMITS
SECTIONAL ANALYSIS
Version U
Section 1: adds a new subsection to the statute for
salmon hatchery permit conditions allowing the sale of
live hatchery-produced salmon for the purposes of
stocking lakes in the state to a private person or
entity that receives a Fish Transport Permit under AS
16.05.251.
3:36:00 PM
MR. FELKL provided the summary of changes for SB 295, version A
to U:
[Original punctuation provided.]
HB 295: SALMON HATCHERY PERMITS
SUMMARY OF CHANGES MADE IN THE HOUSE
Version A to Version U
The sections and concepts below were added/changed in
the House:
Section 1: corrects a drafting error replacing an
incorrect citation (AS 16.05.671) with the correct
statutory authority for Fish Transport Permits (AS
16.05.251). This section has also been redrafted for
clarity, specifying sale of hatchery-produced salmon.
This change is stylistic and does not change the
meaning of the language.
3:36:29 PM
SENATOR KAWASAKI asked what studies are needed for different
bodies of water and how the stocking process works and wondered
what happens to existing wildlife if a lake is overstocked.
3:37:05 PM
MR. RABUNG said the lake stocking policy identifies five
categories of lakes, from open outlet to fully landlocked.
First, the lake's category is identified. Next, if it's a
suitable water body, especially if it's closed with limited
outflowstaff assess what species already inhabit it. He said
most lakes considered for stocking are usually unoccupied.
Finally, they estimate the lake's carrying capacity for the
fish.
3:38:22 PM
SENATOR KAWASAKI wondered if there were studies that would
involve Alaska's biologists already tasked to other projects.
3:38:41 PM
MR. RABUNG said the department would consult local biologists
about the lake. If they lacked information, the department would
make a site visit and use minnow traps to assess existing
speciessomething already done in current operations. Additional
biologists might be needed to handle fish transport permits, but
no major changes are expected, as permit staff are already in
place to review them.
3:39:43 PM
SENATOR KAWASAKI noted instances where flooding caused fish to
end up in unintended areas. He asked whether hatchery fish could
mix with wild stocks and how that risk can be managed.
3:40:09 PM
MR. RABUNG replied it comes down to the lake category. He said
the preference is for landlocked lakes with less risk of
flooding. If a lake has potential for fish to escape, only
sterile fish are used to prevent reproduction.
3:40:44 PM
CO-CHAIR BISHOP asked if water depth is measured to determine
oxygenation over the winter.
3:41:09 PM
MR. RABUNG replied that it's considered when deciding which
lakes to stock. He stated that public requests exceed what's
possible, so lakes are chosen based on public access and
stocking suitability. He said when private resources are used,
lake managers must understand the risk and take responsibility
for fish not surviving the winter.
3:42:13 PM
SENATOR DUNBAR asked if "salmon" also refers to other species
such as char and trout.
3:42:33 PM
MR. FELKL replied correct.
3:42:38 PM
SENATOR DUNBAR said there was discussion on using a different
term and wondered what the appropriate term was.
3:42:52 PM
MR. RABUNG replied salmonid would cover trout, char, and salmon
unambiguously.
3:43:15 PM
SENATOR WIELECHOWSKI said there were technical changes and asked
for an explanation of the language change in [SB 210, Section 1,
lines 5-6,] "nothing in a permit issued to a hatchery operator
may prohibit the sale," to [HB 295, Section 1, lines 5-6,] "a
hatchery operator may prohibit the sale".
3:43:44 PM
MR. FELKL replied the changes were redrafted by Legislative
Legal Services in House Fisheries. He understands it was to
clarify hatchery produced fish and stylistic changes.
3:44:13 PM
SENATOR WIELECHOWSKI asked if biologist at ADFG expressed any
concerns regarding the change.
3:44:30 PM
MR. RABUNG replied he has not heard any opposition. The review
and permitting process are the same. He stated that the only
difference is that HB 295 expands the source of stocking
products. It would expand the types of public access to lakes.
3:45:27 PM
CO-CHAIR BISHOP said the state is limited by production on
stocking.
3:45:39 PM
MR. RABUNG replied correct.
3:45:48 PM
CO-CHAIR BISHOP verified Mr. Rabung is trying to offer more
options to develop more capacity.
3:46:09 PM
MR. RABUNG replied correct.
3:46:13 PM
CO-CHAIR BISHOP said stocking is challenging due to ADFG's
limited fish supply. If HB 295 passes, a legislator could
request capital budget funding to purchase fish from a hatchery
to support lake stocking.
3:46:22 PM
MR. RABUNG replied it is possible.
3:46:28 PM
CO-CHAIR GIESSEL asked what monitoring would be placed on
private hatcheries to prevent disease and ensure water is
replaced.
3:46:54 PM
MR. RABUNG replied these hatcheries are already in existence and
have monitoring. These would not be new hatcheries but are
existing hatchery programs that have state oversight.
3:47:24 PM
SENATOR KAWASAKI said there is a law against finfish farming. He
asked how close HB 295 gets to the discussion of finfish farming.
3:48:00 PM
MR. RABUNG explained the difference is these non-livestock fish
would be available for public harvest, unlike farmed fish, which
are privately owned from start to market. Anyone with a sport
fishing license could catch the non-livestock fish. He said the
key change is allowing access to lakes that aren't publicly
stocked. Unlike farming, which is like growing and selling a
cropthis involves stocking hatchery fish for public use.
3:49:35 PM
SENATOR KAWASAKI said he still does not understand the
differentiation. He asked if he were to own a lake and wanted to
stock it with salmon for food or to sell, would that be allowed.
3:49:57 PM
MR. RABUNG replied HB 295 does not allow someone to sell the
fish once stocked.
3:50:09 PM
SENATOR WIELECHOWSKI said someone expressed concern considering
a study by National Oceanic and Atmospheric Administration
(NOAA) that suggested that hatchery rearing can inadvertently
select traits that are disadvantages in the wild. He stated his
main concern involved protections for wild stock and requested
specific details about those protections.
3:51:02 PM
MR. RABUNG stated that the goal is for fish to be caught, not
escape. Lake stocking follows policies that consider lake type
and whether fish can be contained. He stated the Fish Health
Policy ensures hatchery fish are thoroughly tested, and with
over 50 years of no pathogen transfers to the wild, the testing
has been successful. He said the Genetics Policy applies to non-
sterile fish, which come from locally adapted stock. Sportfish
hatcheries use sterile fish, so the genetics policy doesn't
apply. He stated access to the lakes is evaluated; lakes must be
reachable without crossing private property. To protect wild
stocks, the aim is for stocked fish to be harvested and
consumed.
3:53:29 PM
CO-CHAIR BISHOP sarcastically said no one has caught a fish out
of a creek and brought it home and put it in a lake.
3:53:49 PM
SENATOR WIELECHOWSKI said the example given by Co- Chair Bishop
is a concern. He asked how strictly hatchery operators are
regulated and are they permitted to genetically modify the fish.
3:54:18 PM
MR. RABUNG replied, absolutely notthe goal is to keep hatchery
fish as genetically true to the original stock as possible.
That's why large broodstock numbers are used to avoid
inbreeding. He stated that now in its 50th year, the private
non-profit hatchery program has a long track record with ADFG.
It's different from the sportfish stocking program, where fish
are meant to be caught, not complete a natural life cycle or
return to spawn. Those fish are sterile to prevent any chance of
genetic mixing if they escape. In contrast, the private non-
profit hatchery fish are intended to spawn, so sterile stock
wouldn't be appropriate. He stated that all stockings follow the
same policies and permitting standards to ensure consistency and
protect wild fish populations.
3:56:09 PM
CO-CHAIR BISHOP asked how long a stocked sterile fish typically
lives in a lake.
3:56:23 PM
MR. RABUNG replied it depends on the species. He stated that a
catchable rainbow trout could live for 4-5 years.
3:56:58 PM
At ease
3:57:34 PM
CO-CHAIR BISHOP reconvened the meeting.
3:57:35 PM
SENATOR DUNBAR said he would like to make a conceptual amendment
that would change the word "salmon" to "salmonids" on line 6.
3:58:07 PM
CO-CHAIR GIESSEL recommended making the same change on line 1.
SENATOR DUNBAR agreed.
3:58:19 PM
CO-CHAIR BISHOP said the committee would authorize legislative
legal services to make technical and conforming changes.
3:58:27 PM
SENATOR WIELECHOWSKI asked if the department supports the
conceptual amendment.
3:58:35 PM
MR. RABUNG replied Salmonids include trout, char and salmon. He
said he supports the amendment.
3:58:57 PM
SENATOR CLAMAN said hatcheries are currently at capacity. He
said HB 295 seems to imply that if someone wants to purchase the
fish more would be produced. He asked where the money comes from
to pay for the stocking of fish.
3:59:37 PM
MR. RABUNG replied HB 295 allows whoever wants stocking to occur
to pay for it. The two state hatcheries that produce fish for
the hatchery program are at maximum capacity. There is greater
demand for stocking than those facilities have the capacity to
produce. He said private non-profit hatcheries are at a
different scale and the number of fish that would be removed for
a stocking program is small compared to what they are producing
overall. The department would not need to increase capacity.
They would pull from the existing production capacity and just
route it to another purpose.
4:00:45 PM
CO-CHAIR BISHOP asked the sponsor of the amendment to
incorporate the change made by the co-chair, then restate and
move the conceptual amendment.
4:00:56 PM
SENATOR DUNBAR moved to adopt Conceptual Amendment 1, changing
the word salmon to salmonids on line 1 and line 6:
CONCEPTUAL AMENDMENT 1
BY SENATOR DUNBAR
Page 1, line 1 following "hatchery-produced
Delete "salmon
Insert "salmonids
Page 1, line 6 following "hatchery-produced"
Delete "salmon"
Insert "salmonids
Legislative Legal has the authority to make technical
and conforming changes to HB 295.
4:01:18 PM
CO-CHAIR GIESSEL objected for purposes of discussion.
4:01:24 PM
CO-CHAIR BISHOP removed his objection and found no further
objection and Amendment 1 was adopted.
4:01:44 PM
At ease
4:01:53 PM
CO-CHAIR BISHOP reconvened the meeting.
4:02:01 PM
CO-CHAIR BISHOP opened public testimony on HB 295; finding none,
he closed public testimony.
4:02:10 PM
SENATOR KAWASAKI said, that based on studies, he has general
concerns and a more conservative stance on introducing fish into
new areas. He expressed his desire for lake stocking to occur
safely so the public benefits and no harm comes to the
environment.
4:03:24 PM
CO-CHAIR BISHOP solicited the will of the committee.
4:03:25 PM
CO-CHAIR GIESSEL moved to report CSHB 295 (RES), work order 33-
GH2383\U, as amended, from committee with individual
recommendations and attached zero fiscal note(s).
4:03:41 PM
CO-CHAIR BISHOP found no further objection and SCS CSHB 295
(RES) was reported from committee.
4:03:49 PM
At ease
HB 329-AQUATIC FARMS AND HATCHERIES
4:06:16 PM
CO-CHAIR BISHOP reconvened the meeting and announced the
consideration of CS FOR HOUSE BILL NO. 329(FSH) am "An Act
relating to state tideland leases; relating to geoduck seed
transfers; and relating to aquatic farming or related hatchery
operation site leases."
4:06:59 PM
SARAH VANCE, Representative, District 6, Alaska State
Legislature, Juneau, Alaska, presented HB 329. She read the
sponsor statement as follows:
[Original punctuation provided.]
Sponsor Statement v.D
HB 329 Aquatic Farm and Hatchery Leases
"An Act relating to state tideland leases; and
relating to aquatic farming or related hatchery
operation site leases."
House Bill 329 promises to provide a significant boost
to Alaska's aquatic farming industry, known as
mariculture. This legislation has the potential to
bolster the state's economy, help preserve its
environment and enrich its coastal communities by
streamlining the tideland lease process and extending
lease durations to up to 25 years. Mariculture, the
cultivation of marine shellfish and aquatic plants,
stands as a beacon of sustainable economic growth for
Alaska.
Mariculture not only generates employment
opportunities across various sectors but also injects
vitality into coastal communities. The industry
fosters commerce, both domestically and
internationally, while nurturing a vibrant ecosystem
in Alaska's pristine waters.
One of the key features of HB 329 is the
simplification of the lease acquisition process.
Currently, prospective mariculturists endure a lengthy
multi-agency application and review process which
generally takes years to complete. This bureaucratic
hurdle often deters potential farmers from entering
the industry. HB 329 aims to lessen this burden by
enabling quicker access to tidelands, enabling farmers
to concentrate more on farming and less on paperwork.
Moreover, the extension of the lease duration to 20
years provides for long-term stability for
mariculturists and encourages sustained investment in
the industry. This stability is crucial for the
development of robust mariculture operations. There is
also a clause that gives current lessees a first-
preference to the lease if they are in good standing
with DNR and ADF&G on their reports.
The environmental benefits of mariculture are also
noteworthy. Shellfish and seaweed play a vital role in
maintaining water quality by filtering out pollutants
and excess nutrients. They provide essential habitat
for diverse marine life and help mitigate ocean
acidification a pressing concern.
Furthermore, mariculture aligns with Alaska's rich
cultural heritage, complementing existing traditions
and customs in coastal communities. By promoting the
sustainable utilization of marine resources,
mariculture strengthens the bond between Alaskans and
their natural surroundings.
With HB 329 paving the way for a more supportive
regulatory framework, Alaska's mariculture industry is
poised to flourish, creating jobs, stimulating
commerce, and safeguarding the state's precious marine
ecosystems. As stakeholders rally behind this
initiative, Alaska's coastal communities stand to reap
the benefits of a thriving and sustainable mariculture
sector for generations to come.
4:08:38 PM
REPRESENTATIVE VANCE said Mariculture farmers have 10-year
leases but lack first right of refusal in retaining the lease
upon renewal. Granting this right adds stability, supports
investment, helps secure loans, and ensures long-term success
since product growth takes time. She stated that HB 329, Section
1, allows geoduck seed transfer to occur on the Aleutian chain,
a provision inadvertently omitted previously when farming was
permitted in the gulf. HB 329 does not allow geoduck seed
transfer to areas of Alaska where the species could be
considered invasive. HB 329 also give mariculture farmers a seat
at the table when leasing of tideland within 25 miles of their
business is considered for carbon sequestration. HB 329 provides
for commissioner discretion and public input regarding tideland
leases. She said other changes include cleanup language,
stronger recognition of traditional uses, and ensuring tribes
are consulted. If leased and tidelands aren't used commercially
for a year, the permit can be revoked to prevent misuse.
4:13:53 PM
SENATOR WIELECHOWSKI asked if she recalls the geoduck fights. He
stated there were concerns about invasive species impacting the
ecosystem. He asked how many miles on the Aleutian Islands, HB
329 opens to geoduck hatcheries.
4:14:42 PM
REPRESENTATIVE VANCE replied this amendment was added to the
original bill in House Fisheries. She invited Ms. Dufault to
reply.
4:15:13 PM
KATE DUFAULT, Program Manager, Aquatic Farm Leasing and Shore
Fishery Leasing Programs, Division of Mining, Land, and Water,
Department of Natural Resources, Anchorage, Alaska, answered
questions on HB 329. She invited Alaska Department of Fish and
Game (ADFG) to respond and said she knows there is at least one
lease application for an aquatic farm lease near Adak.
4:15:45 PM
SENATOR WIELECHOWSKI asked how the program works and whether
there are concerns with potential impacts to other native
species.
4:16:14 PM
MS. DUFAULT replied that species and acquired farm leases are
under ADFG's authority. Their aquatic farm operation permits
allow people to do stock transfers and obtain seed from
hatcheries.
4:16:39 PM
SENATOR DUNBAR asked how the 25 miles of submerged lands
mentioned in Section 4 is determined and measured.
4:17:18 PM
REPRESENTATIVE VANCE replied this language was in coordination
with the Department of Natural Resources (DNR). She invited DNR
to respond.
4:17:43 PM
MS. DUFAULT replied that the 25-mile distance follows the rules
in AS 38.05.945, which is mentioned several times in statute.
She said that the law states village corporations within 25
miles of a project must be notified, so DNR uses 25 miles as the
crow flies.
4:18:29 PM
CO-CHAIR BISHOP asked Ms. Dufault to describe how a best
interest finding works regarding leases. He noted that if HB 239
does not pass the 16 lease holders will need to apply for
another lease term.
4:19:17 PM
MS. DUFAULT replied 18 months before a lease expires, her office
contacts the owner to ask if they want to continue. If so, they
must apply for a new term either a lease renewal term or a lease
term that must be adjudicated through a best interest finding.
She described details of each process.
4:21:09 PM
CO-CHAIR BISHOP asked for the timeline on the best interest
renewal process, when there are no appeals.
4:21:19 PM
MS. DUFAULT replied that the process takes approximately 8-12
months for a best interest finding and renewal decisions average
4 months.
4:21:34 PM
CO-CHAIR BISHOP said it sounds like the geothermal bill. There
was another leaseholder going through the same process that took
about the same amount of time.
4:22:03 PM
SENATOR KAWASAKI questioned Section 7(k). He noted that it
appears to give a commissioner subjective discretion on whether
a survey is required.
4:22:27 PM
REPRESENTATIVE VANCE replied that the current language requires
fair market value appraisal, but it may not always be necessary
since tidelands are leased, not sold. She stated that the
revised language clarifies that the commissioner has discretion
to require a survey.
4:23:03 PM
CO-CHAIR BISHOP asked if there are any people who top filed on
top of the leases.
4:23:27 PM
MS. DUFAULT replied that to her knowledge there are no top
filings for mining.
4:23:35 PM
CO-CHAIR BISHOP clarified that he is referring to aquatic
leases. He asked if top filing exists for aquatic leases and
provided an example.
4:24:10 PM
MS. DUFAULT asked if he meant a competitive process.
4:24:16 PM
CO-CHAIR BISHOP replied yes.
4:24:20 PM
MS. DUFAULT replied for someone to apply competitively or top
filing, a lease would need to be expired for someone to do that.
If a lease is active and in good standing and someone
accidentally applies on top of the current lease site, their
application will be denied.
4:24:52 PM
SENATOR WIELECHOWSKI asked about the carbon management
provisions.
4:25:02 PM
REPRESENTATIVE VANCE replied it was a floor amendment, but the
bill included a placeholder that restricted carbo sequestration
leases to not be solely for carbon. She provided an example of a
business that grows kelp but only harvests the top 20 percent
and retains the bottom for carbon sequestration. Mariculture
grows felt that tideland leases could be locked for up to 55
years. This is significant given the growth potential of
mariculture. She said she added the placeholder to allow time
for the department to work out a compromise ensuring growers
have a voice in the process.
4:26:53 PM
CO-CHAIR BISHOP opened public testimony on HB 329.
4:27:17 PM
JASON LESSARD, Executive Director, Alaska Mariculture Alliance,
Anchorage, Alaska, testified in support of HB 329. He said the
bill effectively addresses regulatory issues and will benefit
industry growers. With coastal communities struggling, it opens
new opportunities, especially in kelp farming, which doesn't
conflict with the fishing season. He emphasized the importance
of food security and sovereignty and noted kelp has many uses
beyond carbon sequestration, like fertilizer. For example, a
Kodiak farmer sent kelp to a pig farmer who saw increased piglet
births and reduced antibiotic use.
4:31:26 PM
PAUL FUHS, President, Alaska Shellfish Growers Cooperative,
Anchorage, Alaska, testified in support of HB 329. He said
growers, including those focused on geoducks, have led the
industry for years. The bill addresses lease renewal issues
currently, best interest findings cancel leases and require
reapplication, with competitive bids forcing growers to bid
against their own operations. He stated that if a lease is
canceled, everything reverts to common property and could be
opened to commercial fishing, requiring limited entry permits.
This is a concern in the Aleutians. While the region borders the
Gulf of Alaska, Fish and Game classifies it separately, which is
why precise language was needed. He stated that acreage is
limited by seafloor conditionsin Adak, only 15 acres are used
for kelp farming. The same concern applies to carbon
sequestration. Kelp farms can go almost anywhere, but ideal
sites must not displace others.
4:34:41 PM
CO-CHAIR BISHOP closed public testimony.
4:34:55 PM
CO-CHAIR BISHOP held HB 329 in committee.
4:35:14 PM
There being no further business to come before the committee,
Chair Bishop adjourned the Senate Resources Standing Committee
meeting at 4:35 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 295 - Transmittal Letter v.A (01.24.24).pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/27/2024 10:00:00 AM SRES 5/10/2024 3:30:00 PM |
HB 295 |
| HB295 - Supporting Document Statutes and Regulations.pdf |
HFSH 3/7/2024 10:00:00 AM SRES 5/10/2024 3:30:00 PM |
HB 295 |
| HB295 - Supporting Document ADFG Lake Stocking Policy.pdf |
HFSH 3/7/2024 10:00:00 AM SRES 5/10/2024 3:30:00 PM |
HB 295 |
| HB295 Version U.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 295 |
| HB295 Sectional Analysis Version U 05.07.24.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 295 |
| HB295 Summary of Changes Made in the House 05.07.24.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 295 |
| HB 295 ADFG Fiscal Note.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 295 |
| HB 329 Sponsor Statement Ver. D.A.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 329 |
| HB 329 Ver. D.A.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 329 |
| HB 329 Sectional Analysis Ver. D.A.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 329 |
| HB 329 Explanation of Changes for Ver. D to Ver. D.A.pdf |
SRES 5/10/2024 3:30:00 PM |
HB 329 |
| HB 329 - DMLW-DNR Fiscal Note (04-23-24).pdf |
SRES 5/10/2024 3:30:00 PM |
HB 329 |