Legislature(2023 - 2024)ADAMS 519
03/25/2024 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB116 | |
| HB169 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 116 | TELECONFERENCED | |
| + | HB 169 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 169
"An Act relating to certain fish; and establishing a
fisheries rehabilitation permit."
2:37:38 PM
REPRESENTATIVE MIKE CRONK, SPONSOR, reviewed the bill. He
read from prepared remarks.
2:40:52 PM
DAVE STANCLIFF, STAFF, REPRESENTATIVE MIKE CRONK, noted
that the option under the bill would be optional. He
reviewed the sectional analysis (copy on file):
Sec. l - AS 16.0S.8S5
Creates a new section in AS 16.05 to create a
fisheries enhancement permit. AS 16.05.855 consists of
the following subsections:
(a) Creates a new subsection for the activities that
are allowed under the new fisheries enhancement
permit:
(I) Remove fish from water, collect gametes and milt,
fertilize and incubate eggs, and place fertilized eggs
or un-fed fry back in the same water
(2) Enhance habitat in state water for survival of the
fish
(b) Creates a new subsection that prescribes an
application form created by the department that states
what type of information must be on the application to
obtain a fisheries enhancement permit. This
information includes:
(I) The applicant's name
(2) Reasoning and feasibility of the proposed project
(3) Documentation of conditions justifying project,
any collaboration with local stakeholders, and any
other permits required for the project
(4) Locations of water in which applicant will take
fish and place fertilized eggs or unfed fry
(5) Species and number of fish taken from water
(6) Applicant's management plan for propagation or
repopulation in permitted water
(7) Applicant's goals, schedule, scope of work,
budget, means of data collection, plan for genetics
management, plans for project evaluation, and
watershed enhancement plan, if applicable
(8) Application fee of$100
(c) Creates a subsection allowing the Alaska
Department of Fish & Game (ADF&G) Commissioner to
issue a permit after determining if a project:
(1) May restore a fish population in a body of water
where subsistence and escapement goals have not been
met, where there are no established escapement goals
and local stakeholders have identified a decline in
fish populations, or the species of fish is limited
(2) Will result in public benefits
(3) Will not harm indigenous wild fish stocks
(4) Will not place fertilized eggs or un-fed fry into
a body of water if there are enough fish for natural
propagation of the species to occur
(5) Will not introduce live fertilized eggs, larvae,
or fry of nonindigenous fish in violations of AS
16.35.210
(d) Creates a subsection regarding factors that the
commissioner of DF&O shall consider when determining
if a permit will be issued, including:
a. The department's assessment of the project
b. The capabilities of the applicant
c. The degree of communication that exists between the
applicant and individuals affected by the project
d. Comments relating to the project, including those
by a regional planning team established under AS
16.10.375.
e. If the project is consistent with the comprehensive
salmon plan and constitutional and statutory
requirements imposed on the department for the area
f. If the project will increase scientific knowledge
and understanding of the natural resources affected by
the project
(t) Creates a new subsection requiring a permittee to
collect and provide project data and reports requested
by the department and to reasonably communicate with
individuals affected by the project.
(t) Creates a subsection which sets the timeline for
when DF&G must act on a permit application. Within 15
days, the department must notify an applicant whether
or not their application is complete and can reject an
incomplete application if it is not complete within 30
days of the notification. After the notification, DF&G
must approve or reject the application with 90 days,
otherwise the application is automatically approved.
(g) Creates a new subsection to enact requirements of
a permittee to:
a. Collect no more than 500,000 eggs for
fertilization.
b. Implement controls to avoid the introduction of
nonindigenous pathogens or to increase indigenous
pathogens beyond acceptable levels.
(h) Creates a new subsection to ensure that any fish
released in State waler with an enhancement project
permit under this section will be available for common
use in the same way as wild fish are.
(i) Creates a new subsection to specify the duration
of a permit and how to extend a permit
(j) Creates definitions for the following tenns under
AS 16.05.855:
a. "person" is defined as an individual, any business,
governmental agency, or another legal or commercial
entity
b. "qualified person" is defined as a state resident
or a corporation organized under Alaska's laws
c. "reasonably communicate" is defined as
communicating significant information regarding the
project by a mode of communication that is likely to
notify persons that a reasonable person would know are
affected by the project
Sec. 2 - AS 16.05.871
Amends this section by adding a new subsection (e)
Subsection (e) states that fisheries enhancement
projects under AS 16.05.855 shall be considered by the
commissioner as outlined in AS 16.05.871 (d) because
precautions in subsection (d) will not damage a fish
enhancement project
Sec. 3 - AS I 6.10.375
Amends this section to allow enhancement projects
created through this act to be included in regional
comprehensive salmon plans
2:45:43 PM
Representative Hannon asked what was different than what
was in current law.
Representative Cronk replied that it was an effort to get
young people involved as stakeholders on a smaller scale,
resulting in a more fiscally acceptable way.
Representative Hannan stated her understanding that current
statute allowed it.
Mr. Stancliff deferred the question to the Department of
Fish and Game (DFG) . He stated that when people were
involved who did not have experience or training.
2:49:30 PM
Representative Cronk stated that the bill was using the
fish from a specific river and put back in the same river.
He asked to hear from the department.
JOE FELKL, LEGISLATIVE LIAISON, DEPARTMENT OF FISH AND
GAME, clarified that the legislation created a fisheries
rehabilitation program.
Representative Hannan asked the reason for the legislation.
Mr. Felkl answered science and education.
Representative Hannan provided a scenario related to a
tribe and wondered whether there was no change.
Mr. Felkl responded affirmatively.
2:52:16 PM
Co-Chair Johnson thanked the sponsor for bringing the bill
forward. She had grown up in Alaska at a time when there
had been an abundance of fish. She thought the bill was
simple and pragmatic. She stated that fish returns had not
gotten better.
Representative Coulombe noticed that the bill was changed
in the House Fisheries Committee. She noted that some of
the sectional did not match up with the bill.
Mr. Stancliff responded that it was no longer a de facto
situation.
Representative Coulombe wondered whether the application
approval was still in the bill.
Mr. Stancliff replied that it was no longer in the bill.
Representative Hannan referenced an anadromous fish streams
book, she asked if it would only be available to streams
that had previously had fish.
2:56:29 PM
Mr. Felkl would have to follow up on the question.
Representative Josephson looked at AS 16.10.400 hatchery
law, and noted that the department had to rule that there
was no threat to current stocks.
Mr. Felkl answered that it was in the bill and pertained to
an amendment at the request of the department.
Representative Josephson asked for the page number.
Mr. Felkl answered page 3, line 1.
Representative Josephson asked whether rehabilitation could
be separated from wild fish stocks.
Mr. Felkl answered that the department had incorporated
that into the current permitting.
2:58:43 PM
Representative Cronk read from a section of the bill what
stated that the bill would only be used to rehab currently
low escapements. He viewed the bill as a tool needed in
Alaska.
HB 169 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the schedule for the following
meeting.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 116 Supporting Documents Support Letters 032224.pdf |
HFIN 3/25/2024 1:30:00 PM |
HB 116 |
| HB 116 Public Testimony Rec'd by 032524.pdf |
HFIN 3/25/2024 1:30:00 PM |
HB 116 |
| HB 116 - Supporting Doc - Support - Redacted.pdf |
HFIN 3/25/2024 1:30:00 PM |
HB 116 |