Legislature(2023 - 2024)GRUENBERG 120
03/28/2023 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| HB95 | |
| Overview: the Authority and Management of Alaska's Fisheries | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 95 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 95-NATL. RES. WATER NOMINATION/DESIGNATION
10:01:57 AM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 95, "An Act relating to designation of state
water as outstanding national resource water; and providing for
an effective date."
CHAIR VANCE opened public testimony on HB 95.
10:02:31 AM
AARON BRACKEL, Inside Passage Waters Program Manager, Southeast
Alaska Conservation Council (SEACC), stated that SEACC is
Southeast Alaska's regional conservation organization, working
for 50 years to protect the clean water and the "natural bounty"
of the region. He expressed support for HB 95 and the
legislative political process for designating Outstanding
Natural Resource Waters (ONWR), as long as there is a
transparent, science-based process which incorporates public
participation and a clear timeline for decisions. He stated
that SEACC supports an administrative ONWR designation process
by the Alaska Department of Environmental Conservation (DEC)
with a specific deadline. He further suggested that SEACC would
support a yearly update from DEC on the progress of nominations.
10:05:47 AM
MARIO BENASSI, representing self, urged the committee not to
make the decision on the waters a political decision. He
expressed the opinion that DEC is licensing "polluters" in Tier
I and Tier II waters, and he argued it would do the same for the
unpolluted waters in Tier III. He continued that the decision
should be in the hands of the people with expertise rather than
making it a "political football to kick down the road." He said
any river in Alaska could be targeted by the extraction
industry; however, he argued that the rivers should remain
"sacred" as the Native communities have held them historically.
CHAIR VANCE, after ascertaining that there was no one else who
wished to testify, closed public testimony.
10:08:32 AM
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 1 to HB 95,
labeled, 33-LS0524\A.3, Bullard, 3/25/23, which read as follows:
Page 1, line 7:
Delete "only"
Insert "by the department or"
Page 1, line 9, following "by":
Insert "the department or by"
Page 1, following line 10:
Insert new material to read:
"(c) A person may request that the department
designate certain water of the state as outstanding
national resource water by submitting a nomination to
the department. The nomination must include
(1) a detailed description of the water;
(2) relevant water quality data to the
extent that it is available;
(3) the reason the water is being
nominated, including information on the water's
archaeological, cultural, scientific, or recreational
significance;
(4) whether the water is in or adjacent to
a park, monument, refuge, fish and game critical
habitat area, or other protected area;
(5) a summary of stakeholder and community
support for designation of the water as outstanding
national resource water; and
(6) other information supporting the
nomination.
(d) Within 60 days after receiving a nomination
under (c) of this section, the department shall
determine whether the nomination contains the required
information. If the department determines that a
nomination is incomplete, the department shall notify
the person who submitted the nomination in writing and
identify the information still required by the
department. A person notified under this subsection
may resubmit the nomination with the information
required by the department.
(e) If the department determines that a
nomination includes all information required under (c)
of this section, the department shall consider the
nomination complete. Once the department determines
that a nomination is complete, the department shall
(1) provide public notice of the nomination
within 60 days by
(A) posting notice of the determination on
the Alaska Online Public Notice System (AS 44.62.175);
(B) making a copy of the nomination
available on the department's Internet website; and
(C) providing a copy of the nomination and
the notice to adjacent landowners and the Department
of Natural Resources;
(2) provide at least 60, but not more than
120, days for public comment;
(3) hold at least one public hearing during
the public comment period; the department shall give
reasonable public notice of the time, date, and place
of each public hearing at least 30 days before the
hearing; and
(4) consult with the Department of Fish and
Game, federally recognized tribes in the area where
the water is located, and relevant federal land
managers.
(f) The department shall make a final decision
in writing of whether to designate water as
outstanding national resource water within 180 days
after the end of the public comment period under (e)
of this section. The department shall provide public
notice of the decision.
(g) When considering whether water shall be
designated as outstanding national resource water
under (f) of this section, the department shall
consider whether
(1) the water is habitat for fish or other
wildlife;
(2) the water has recreational value;
(3) endangered fish or other wildlife are
present in the water;
(4) the water or a portion of the water is
in or adjacent to a park, monument, refuge, fish and
game critical habitat area, or another protected area;
(5) the water is of exceptional quality;
(6) the water is of significant
archaeological, cultural, or scientific importance;
(7) the water provides special educational
opportunities;
(8) the water contains unique aquatic
habitat.
(h) A person aggrieved by a final decision of
the department under (f) of this section may, within
90 days after notice of the final decision, request an
adjudicatory hearing under AS 44.62.330 - 44.62.630.
* Sec. 2. AS 46.03.880(b) is amended to read:
(b) Notwithstanding AS 44.62.330(a)(25), except
for a hearing under AS 46.03.085(h), adjudicatory
hearing procedures to review permit decisions under
this chapter need not conform to AS 44.62.330 -
44.62.630 (Administrative Procedure Act)."
Renumber the following bill section accordingly.
REPRESENTATIVE MCCABE objected.
REPRESENTATIVE HIMSCHOOT explained that the amendment would do
three things: create the option for a DEC path as well as a
legislative path; lay out what a nominator would have to provide
in terms of science and rationale; and outline a clear process
for the department to follow. She argued that there are a
number of states which provide for a Tier III designation. She
stated that the amendment would allow the nominator to choose a
legislative or an administrative pathway. She expressed concern
that some people may have wanted to use a legislative pathway
but have not been able to. She pointed out that there has been
concern a legislative pathway could result in litigation;
however, she argued that either path could lead to litigation if
the process is not specific enough. She expressed the opinion
there should be two pathways to Tier III water usage, and the
process [to create a Tier III pathway] has taken too long.
10:12:03 AM
REPRESENTATIVE STUTES reminded the committee of the previous
discussion which related that if a waterway is designated Tier
III through the legislative process, a proposal to change the
waterway from Tier III back to Tier II would have to go back
through the legislature. She questioned whether a DEC
determination would be treated similarly.
REPRESENTATIVE HIMSCHOOT responded that in other states with
only an administrative pathway, regulations are set for how to
designate and how to un-designate Tier III waterways.
REPRESENTATIVE MCCABE maintained his objection.
10:13:16 AM
A roll call vote was taken. Representatives Stutes and
Himschoot voted in favor of the adoption of Amendment 1 to HB
95, and Representatives McCabe, Vance, Carpenter, Johnson, and
Vance voted against it. Therefore, Amendment 1 failed by a vote
of 4 to 2.
10:15:00 AM
REPRESENTATIVE HIMSCHOOT moved Amendment 2, labeled 33-
LS0524\A.2, Bullard, 3/24/23, which read as follows:
Page 1, line 7:
Delete "only"
Insert "by the department or"
Page 1, line 9, following "by":
Insert "the department or by"
Page 1, following line 10:
Insert a new subsection to read:
"(c) A person may request that the department
designate certain water of the state as outstanding
national resource water by submitting a nomination to
the department. The nomination must include
(1) a detailed description of the water;
(2) relevant water quality data to the
extent that it is available;
(3) the reason the water is being
nominated, including information on the water's
archaeological, cultural, scientific, or recreational
significance;
(4) whether the water is in or adjacent to
a park, monument, refuge, fish and game critical
habitat area, or other protected area;
(5) a summary of stakeholder and community
support for designation of the water as outstanding
national resource water; and
(6) other information supporting the
nomination."
REPRESENTATIVE HIMSCHOOT stated Amendment 2 is shorter than
Amendment 3; however, it would essentially do the same thing by
allowing the DEC pathway. She added that Amendment 2 would
tighten the language.
10:15:39 AM
REPRESENTATIVE CARPENTER commented that Amendment 2 appeared to
be a major departure from the intent of HB 95. He expressed the
opinion that this would require more discussion; therefore, at
this point he is not in support of the amendment.
10:17:01 AM
CHAIR VANCE asked Representative Himschoot to describe the
difference between Amendment 1 and Amendment 2.
REPRESENTATIVE HIMSCHOOT explained that basically the amendments
are the same; however, the section which outlines the process
for DEC is removed from Amendment 2. She added that it still
allows the choice of a legislative pathway or an administrative
pathway for an organization, entity, or a tribe, as well as
specifying the information a nominator would need to provide in
seeking the approval for a Tier III waterway, with DEC setting
the regulatory pathway.
10:19:02 AM
REPRESENTATIVE CARPENTER pointed out that HB 95 would already
provide a process for someone to bring forward a nomination
through the legislature. He questioned the value of having two
different nomination processes.
10:19:57 AM
REPRESENTATIVE HIMSCHOOT explained that she came from an area
where waterways are important to the way of life, so she would
like the nominators to have the option of an administrative
process. In response to a follow-up question, she said in
theory DEC would follow the regulations which had been set forth
for each nomination.
10:20:57 AM
REPRESENTATIVE STUTES asked whether the amendment would enable a
nominator to go to the legislature, if a nominator is rejected
by DEC.
10:21:17 AM
REPRESENTATIVE HIMSCHOOT replied that a nominator could choose
one and then choose the other. She clarified that these
petitions would not be concurrent.
10:21:39 AM
REPRESENTATIVE JOHNSON expressed the belief that the stewardship
of the resources in the state belongs in the hands of the
legislature, as laid out in the state constitution. He voiced
opposition to the amendment.
10:22:22 AM
REPRESENTATIVE CARPENTER said Alaska has a strong history of
legislative responsibility in the management of resources. The
legislature delegates resource management to various boards
comprised of citizens of the state. The amendment would be
delegating this responsibility to the executive branch, through
DEC, rather than management by the people. He argued that this
amendment would be a departure from how things have been done in
the past.
10:22:59 AM
REPRESENTATIVE MCCABE voiced his concern about various
departments being able to promulgate regulations without
statute, and the mandate is for the legislature, not the
departments, to manage resources. Having two pathways
inherently would make the process political, and he voiced
opposition to the amendment.
10:23:40 AM
REPRESENTATIVE MCCABE maintained his objection.
A roll call vote was taken. Representatives Stutes and
Himschoot voted in favor of the adoption of Amendment 2 to HB
95, and Representatives McCabe, Carpenter, Johnson, and Vance
voted against it. Therefore, Amendment 2 failed by a vote of 4
to 2.
10:24:19 AM
REPRESENTATIVE HIMSCHOOT withdrew Amendment 3.
CHAIR VANCE expressed concern about creating two nomination
processes. She compared the decisions involved in the Tier III
nominations to the legislature's role in designating park lands.
10:25:57 AM
REPRESENTATIVE GEORGE RAUSCHER, Alaska State Legislature, as
prime sponsor, spoke to HB 95. Responding to the concerns
voiced by some committee members, he expressed the belief that
the proposed legislation would make the Tier III process move
faster. Speaking to the concerns about politicizing the
process, he made the point that every four years there could be
a change in the administration; therefore, there would be a
change in commissioners and directors. He argued that this
would be more of a political system than the legislature,
because the committee process in the legislature involves in-
depth discussion, which creates a level of scrutiny from
legislators. He voiced the opinion that the legislators are
dedicated to the protection of wildlife, fisheries, and water,
adding that the legislators are elected by people with these
same values.
10:28:35 AM
REPRESENTATIVE STUTES pointed out that moving through the
legislature is not always a rapid process. She reminded the
committee that a committee chair can stop the progress of a
bill, despite hopes for expediency.
10:29:13 AM
REPRESENTATIVE HIMSCHOOT thanked the committee for considering
the amendments.
10:29:53 AM
REPRESENTATIVE MCCABE moved to report HB 95 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 95 was reported from the
House Special Committee on Fisheries.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 19 - Sponsor Statement version A.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - v.A.PDF |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - Sectional Analysis Version A.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - Research USCG Documentation and Tonnage Brochure 1.25.23.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - Research DMV Registration FAQ - CFEC June, 2019 1.25.23.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - Research CFEC Vessesl License, Number Plate, and Decal 1.26.23.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - Research CFEC Vessel Licensing Forms 1.26.23.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - Research CFEC Public Database 1.25.23.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - DOA Fiscal Note.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - DNR Fiscal Note.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HB 19 - ADF&G Fiscal Note.pdf |
HFSH 2/2/2023 10:00:00 AM HFSH 3/28/2023 10:00:00 AM HFSH 3/30/2023 10:00:00 AM HFSH 4/11/2023 10:00:00 AM |
HB 19 |
| HFSH ADFG Board of Fish Overview 03.28.23.pdf |
HFSH 3/28/2023 10:00:00 AM |