Legislature(2017 - 2018)BARNES 124
04/05/2017 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Update on the Hilcorp Spills in Cook Inlet: Department of Environmental Conservation | |
| Confirmation Hearing(s): | |
| HB129 | |
| HB130 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 130 | TELECONFERENCED | |
| *+ | HB 177 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 129 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 5, 2017
1:54 p.m.
MEMBERS PRESENT
Representative Andy Josephson, Co-Chair
Representative Geran Tarr, Co-Chair
Representative Dean Westlake, Vice Chair
Representative Harriet Drummond
Representative Justin Parish
Representative Chris Birch
Representative DeLena Johnson
Representative George Rauscher
Representative David Talerico
MEMBERS ABSENT
Representative Mike Chenault (alternate)
Representative Chris Tuck (alternate)
COMMITTEE CALENDAR
PRESENTATION: UPDATE ON THE HILCORP SPILLS IN COOK INLET:
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
- HEARD
CONFIRMATION HEARING(S):
Big Game Commercial Services Board
Adam Trombley - Anchorage
CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 129
"An Act relating to sport fishing, hunting, or trapping
licenses, tags, or permits; relating to penalties for certain
sport fishing, hunting, and trapping license violations;
relating to restrictions on the issuance of sport fishing,
hunting, and trapping licenses; creating violations and amending
fines and restitution for certain fish and game offenses;
creating an exemption from payment of restitution for certain
unlawful takings of big game animals; relating to commercial
fishing violations; allowing lost federal matching funds from
the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux
programs to be included in an order of restitution; adding a
definition of 'electronic form'; and providing for an effective
date."
- MOVED CSHB 129(RES) OUT OF COMMITTEE
HOUSE BILL NO. 130
"An Act relating to the Izembek State Game Refuge, Cape Newenham
State Game Refuge, Palmer Hay Flats State Game Refuge, Port
Moller Critical Habitat Area, Egegik Critical Habitat Area,
Pilot Point Critical Habitat Area, Fox River Flats Critical
Habitat Area, Kachemak Bay Critical Habitat Area, and Dude Creek
Critical Habitat Area; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 177
"An Act relating to the response to, and control of, aquatic
invasive species; establishing the aquatic invasive species
response fund; and relating to the provision of information
about aquatic invasive species to users of the Alaska marine
highway system."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 129
SHORT TITLE: FISH & GAME: OFFENSES;LICENSES;PENALTIES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/17 (H) READ THE FIRST TIME - REFERRALS
02/15/17 (H) RES, JUD
03/29/17 (H) RES AT 1:00 PM BARNES 124
03/29/17 (H) Heard & Held
03/29/17 (H) MINUTE(RES)
03/31/17 (H) RES AT 1:00 PM CAPITOL 106
03/31/17 (H) Scheduled but Not Heard
04/03/17 (H) RES AT 1:00 PM BARNES 124
04/03/17 (H) Heard & Held
04/03/17 (H) MINUTE(RES)
04/05/17 (H) RES AT 1:00 PM BARNES 124
BILL: HB 130
SHORT TITLE: GAME REFUGE/CRIT HABITAT AREA BOUNDARIES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/17 (H) READ THE FIRST TIME - REFERRALS
02/15/17 (H) RES
04/05/17 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
KRISTIN RYAN, Director
Division of Spill Prevention & Response
Department of Environmental Conservation
Anchorage, Alaska
POSITION STATEMENT: Provided an update on the oil and gas
pipeline spills in Cook Inlet.
ADAM TROMBLEY, Appointee
Big Game Commercial Services Board, Division of Corporations,
Business and Professional Licensing, Department of Commerce,
Community & Economic Development
Anchorage, Alaska
POSITION STATEMENT: Spoke as appointee to the Big Game
Commercial Services Board.
MORGAN FOSS, Legislative Liaison
Office of the Commissioner
Alaska Department of Fish & Game
Juneau, Alaska
POSITION STATEMENT: Introduced HB 130, sponsored by the House
Rules Committee by request of the governor, and answered
questions.
ACTION NARRATIVE
1:54:34 PM
CO-CHAIR GERAN TARR called the House Resources Standing
Committee meeting to order at 1:54 p.m. Representatives Tarr,
Birch, Parish, Talerico, Rauscher, Drummond, Westlake, and
Josephson were present at the call to order. Representative
Johnson arrived as the meeting was in progress.
^PRESENTATION: Update on the Hilcorp Spills in Cook Inlet:
Department of Environmental Conservation
PRESENTATION: Update on the Hilcorp spills in Cook Inlet:
Department of Environmental Conservation
1:55:13 PM
CO-CHAIR TARR announced that the first order of business would
be a presentation by the Department of Environmental
Conservation.
1:55:49 PM
KRISTIN RYAN, Director, Division of Spill Prevention & Response,
Department of Environmental Conservation, advised the committee
there have been two recent events in Cook Inlet related to
infrastructure owned by Hilcorp Alaska, L.L.C. (Hilcorp). The
first was a natural gas leak from a pipeline located on the east
side of Cook Inlet that carries methane to four platforms, two
of which were producing oil at the time of the rupture. Ms.
Ryan explained the pressure in the pipeline was reduced to 65
pounds per square inch (PSI) so that critical operations, such
as pump, can operate. Certain operations are necessary to keep
the seawater flowing through the other pipeline to land and
prevent the pipeline from freezing up; the wells have been
closed-in and there is no more oil in the line. There is a
continuing methane release, at a much-reduced rate, and Hilcorp
is monitoring environmental impacts by testing for salinity and
dissolved oxygen. Because methane displaces oxygen in the water
column, the biggest environmental concern is whether there is
sufficient oxygen in the water column so that fish can breathe.
She said Hilcorp has provided some information related to how
much methane is in the water, but her division seeks more
information to fully understand the situation.
1:59:15 PM
REPRESENTATIVE RAUSCHER inquired as to who owns the pipe.
MS. RYAN answered Hilcorp.
CO-CHAIR JOSEPHSON recalled recent newspaper reports that the
Department of Environmental Conservation (DEC) needs updated
regulations to prevent future oil pipeline leaks, and asked
whether this would apply to natural gas leaks as well.
MS. RYAN said DEC regulations do not pertain to natural gas
pipelines at this time; the department has statutory authority
limited to the state's interest in public safety concerns - such
as an explosion - but natural gas above land dissipates into the
air, without an environmental risk. Natural gas underwater
pipelines are federally regulated by the Pipeline and Hazardous
Material Safety Administration (PHMSA), U.S. Department of
Transportation, and she noted that PHMSA has issued orders to
Hilcorp related to the affected natural gas and oil pipelines.
CO-CHAIR JOSEPHSON pointed out that DEC has concerns about
methane displacing oxygen, PHMSA has concerns, and concerns have
been expressed by the governor. He asked whether DEC has
authority to regulate the discharge of natural gas underwater.
MS. RYAN advised DEC has broad generic authority that an entity
cannot pollute and said authority is used by DEC to regulate
pipelines, but has no specific regulations pertaining to natural
gas pipelines, as it does for oil pipelines.
REPRESENTATIVE BIRCH asked Ms. Ryan whether Hilcorp has been
cooperative regarding this matter.
MS. RYAN said Hilcorp has been cooperative in working with DEC
to minimize the release. Using its generic authority, DEC asked
Hilcorp to monitor the release and provide data, and it has done
so.
REPRESENTATIVE BIRCH inquired as to how the incident was
discovered and reported.
2:04:51 PM
MS. RYAN said Hilcorp self-reported the release to PHMSA and
DEC. In further response to Representative Birch, she explained
allowing some methane to run through the pipeline maintains
positive pressure so seawater does not infiltrate the pipeline.
The affected pipeline was an oil pipeline that transported oil
from the platform to the shore before it was converted to a gas
pipeline and reversed direction, thus there is residual oil in
the pipeline, and if the pipeline is infiltrated with seawater,
oil could be released from the leak.
REPRESENTATIVE BIRCH asked for an estimate of the quantity of
oil released.
MS. RYAN said no oil has been released in this incident. In
further response to Representative Birch, she said there are
natural methane seeps in Alaska, but she was unsure of natural
occurring methane specifically in Cook Inlet.
REPRESENTATIVE PARISH recalled from December to March [2017] the
pipeline was losing approximately 250,000 cubic feet per day [of
methane].
MS. RYAN said yes. In further response to Representative
Parish, she said the pressure on the line was reduced [3/24/17]
when the wells on the two platforms that were still producing
oil were shut-in.
REPRESENTATIVE PARISH asked how many cubic feet of methane have
leaked.
MS. RYAN said she would have to calculate that total. In
further response to Representative Parish, she said [internal
pipeline cleaners known as pigs] are utilized to clean residual
oil from pipelines and the affected pipeline has been pigged; in
fact, Hilcorp plans to run a pig down the pipeline before it
becomes operational again. In further response to
Representative Parish, she said she was unsure how many similar
pipelines are operational; however, DEC is looking at old
infrastructure reports completed in 2000, although the
department has more information on oil pipelines than on natural
gas pipelines.
REPRESENTATIVE RAUSCHER asked for the cause of the rupture.
MS. RYAN said the cause is unknown until Hilcorp can put divers
in the water, which will be delayed due to ice coverage in Cook
Inlet. In further response to Representative Rauscher, she said
the size of the leak is also unknown at this time; however, both
[leaking] pipelines are located in an area of Cook Inlet known
for scouring - movement on the seafloor - which erodes the
surface under the pipeline and creates a greater risk [for
rupture].
2:12:36 PM
CO-CHAIR JOSEPHSON referred to articles that Hilcorp has other
problems related to safety, oil and gas leaks, and fines. He
asked whether DEC considers the aforementioned information when
considering new regulations and further monitoring.
MS. RYAN advised DEC focuses on environmental risks when making
regulation decisions; the department is limited to its specific
authority and does not " ... take a holistic look of, of past
performance on other areas that aren't within our purview. We,
we have a pretty narrow view that is restricted by our statutory
authority."
CO-CHAIR JOSEPHSON, returning attention to statements related to
naturally occurring methane seeps, noted that PHMSA has "pressed
[Hilcorp] to stop the leak or shut down the gas fuel by May 1
[2017], and it [has] expressed other concerns about leaking gas
in old crude oil pipelines." He asked for DEC's level of
concern.
MS. RYAN advised DEC is in alignment with PHMSA in that its
order demanded for a plan for how Hilcorp would shut the
pipelines down; in fact, DEC is in a fact-finding mode to
determine whether there are environmental risks and damage to
the aquifer, which is unknown at this time.
CO-CHAIR JOSEPHSON opined there must be known information and
analysis of the impact, if any, on the environment from natural
gas seepage.
MS. RYAN said there is a dearth of information on the release of
natural gas in a saltwater environment.
CO-CHAIR TARR observed the area is a critical habitat area for
Beluga whales, which will be monitored by a different agency,
and asked how the agencies will work together to garner
information.
MS. RYAN stated DEC works closely with the National Oceanic and
Atmospheric Administration (NOAA) and the National Marine
Fisheries Service (NMFS), the agencies with concerns about an
endangered species such as Beluga whales. The agencies are
reviewing data and helping DEC decide which data must be
collected, and from where. Additionally, the Alaska Department
of Fish & Game and U.S. Fish and Wildlife, U.S. Department of
the Interior, have been reviewing data. She noted that Beluga
whales breathe on the surface, but oxygen in the water column is
necessary for the fish on which the whales feed. In further
response to Co-Chair Tarr, she said prevention measures are key
to preventing similar releases. In the last two years DEC has
been working to increase its authority, and also recognizes that
the aging infrastructure in Cook Inlet needs further assessment
as to what is there and the ownership and operations thereof.
The department has consistent standards for pipelines, new and
old, and Hilcorp is in compliance with DEC standards. She
acknowledged current standards need further review.
2:18:42 PM
REPRESENTATIVE RAUSCHER observed Hilcorp recently acquired
existing aging infrastructure.
MS. RYAN agreed that Hilcorp bought old infrastructure from many
companies in Alaska, which is its business structure, but that
does not mean the infrastructure is not maintained; Cook Inlet
infrastructure is the oldest in the state and dates from the
'60s.
CO-CHAIR JOSEPHSON expressed his belief that when an entity buys
infrastructure it carries the environmental burden.
MS. RYAN agreed and added that DEC statutes indicate "joint and
equal liability," and if a problem arises DEC holds the current
operator responsible; for example, in the case of the
[contamination at the] [Flint Hills Resources North Pole]
refinery, DEC is dealing with the present owners and not the
previous owner.
REPRESENTATIVE BIRCH recalled there is a fuel line from Whittier
to [former] Elmendorf Air Force Base that was repurposed to move
natural gas/methane, and he asked whether methane is a less
corrosive product than oil.
MS. RYAN was unsure. She added there are cathodic protection
requirements for oil pipelines and DEC seeks to avoid any
corrosion in an oil pipeline. She said she would provide
further information to the committee.
MS. RYAN returned to her presentation and explained the second
spill began [4/1/17] on the [west] side of Cook Inlet from the
oil pipeline carrying oil between the Anna and Bruce platforms,
which are owned by Hilcorp. The cause is being investigated;
the pipeline is 75 feet underwater and bubbling and sheening
were seen at the surface. Production at the Anna platform was
shut down and the pipeline was closed-in. Aerial investigation
revealed more sheening was seen in Cook Inlet downstream of the
platforms. The pressure in the oil pipeline was reduced to five
PSI; afterward, no further sheening was seen. As in the natural
gas leak, a diver cannot inspect the pipeline due to ice in the
inlet; an incident command post led by DEC, the U.S. Coast
Guard, and Hilcorp, was established in Nikiski at the
headquarters of Cook Inlet Spill Prevention & Response Inc.
(CISPRI), the company contracted by Hilcorp to be its response
organization for any releases. Hilcorp proposed to pig the
pipeline with a polyurethane pig to push the oil past the leak.
She continued to explain that about 50 feet from the platforms
there are flanges which were suspected to be the source of the
leak. The department was present during this process to witness
the event and to ensure CISPRI was prepared for an additional
release. On 4/2/17, the pig pushed the oil past the leaking
point and into a holding tank on the Bruce platform. The
capacity of the pipeline was 461 barrels of oil, and the
operator acted in a safe way - the oil was removed and there was
no further leak. At this time, DEC is awaiting the inspection
by divers and the completion of repairs before allowing the
pipeline to return to operations.
2:28:14 PM
REPRESENTATIVE BIRCH asked whether CISPRI or another entity
could estimate the volume of a potential spill.
MS. RYAN advised that DEC has not recovered any oil, thus does
not know how much was released to the environment; however,
DEC's "best guess" is less than ten gallons. Hilcorp asserts
the release was less than three gallons. The amount recovered
in the holding tank includes water as well as oil: 490 barrels
were recovered, although the total capacity was reported to be
461 barrels.
CO-CHAIR JOSEPHSON inquired as to how Hilcorp arrived at its
estimate of three gallons released.
MS. RYAN said she did not know. In further response to Co-Chair
Josephson, she concluded the amount will remain "a bit of a
mystery."
CO-CHAIR JOSEPHSON then asked whether the problem was with the
structure of the pipeline between the platforms or the impact of
ice on the Anna platform.
MS. RYAN restated that the cause is unknown; Hilcorp reported an
impact to the platform. As to whether Hilcorp has made changes
in maintenance from that of the previous owner of the pipeline,
in further response to Co-Chair Josephson, she said DEC is
reviewing Hilcorp's inspection records; Hilcorp had cathodic
protection on the pipeline and was conducting sound navigation
and ranging (sonar) work on the oil pipeline as well as on the
aforementioned natural gas pipeline. [Side-scan] sonar allows
one to see if the pipeline is adequately supported, and would be
in compliance with DEC's pipeline integrity program.
REPRESENTATIVE PARISH advised the natural gas leak from mid-
December to March [2017] released 26 million cubic feet of
methane.
REPRESENTATIVE DRUMMOND asked how many state employees were
deployed at the incident command center.
MS. RYAN explained DEC regulations require the responsible party
to man the center, and DEC staff monitors the performance of the
responsible party. There are three onsite coordinators
representing state government, federal government, and the
responsible party. The state and the federal governments have
the ability to override the responsible party if deemed
necessary. She restated that the command center was established
at the CISPRI headquarters and held thirty to fifty responders.
In further response to Representative Drummond, she said there
was one state and one federal employee on the platform to
monitor the activity there.
2:37:09 PM
REPRESENTATIVE RAUSCHER asked whether permits and plans are
required to begin repairs on the pipelines.
MS. RYAN informed the committee DEC is in the process of
deciding what will be specifically required of Hilcorp to allow
it to operate the pipeline again. She clarified that DEC does
not monitor work on the pipeline, that would be under the
purview of the Occupational Safety and Health Administration
(OSHA), U.S. Department of Labor. She added that DEC has
standards for the repair of a pipeline, and the responsible
party knows what is necessary to make a repair in compliance
with DEC code.
REPRESENTATIVE RAUSCHER surmised [pipeline leaks] have happened
before.
MS. RYAN clarified that DEC standards apply to all oil pipelines
across the state and underwater.
CO-CHAIR TARR asked whether funding for state expenses is coming
from the Division of Spill Prevention and Response (SPAR), DEC.
MS. RYAN answered that DEC is currently using standard operating
budget funds and is requesting response funds; however, Hilcorp
will get a bill for the state's costs.
REPRESENTATIVE PARISH asked for the diameter of the pipelines.
MS. RYAN said the oil pipeline is eight inches in diameter. In
further response to Representative Parish, she said for an oil
release DEC can issue a civil assessment penalty for up to
$100,000 for the initial release, and up to $5,000 for every day
thereafter, based on three factors: harm to the environment,
the cost to the state to respond, and whether there were
economic savings to the company that caused the release. She
confirmed that the penalty relates to an oil spill and excludes
natural gas, and stated her belief that a similar penalty for
natural gas would need a statute change.
2:42:45 PM
CO-CHAIR JOSEPHSON recalled a finding by the Alaska Oil and Gas
Conservation Commission (AOGCC) that Hilcorp has "committed
endemic disregard of Alaska regulations, AOGCC accused Hilcorp
of misleading that agency, and it's like every story is about
Hilcorp ...." He said his confidence in Hilcorp is flagging.
CO-CHAIR TARR questioned whether tax credits Hilcorp received
from the state, and $100 million in employee bonuses would be
considered by DEC to be economic benefits when assessing a fine.
MS. RYAN said those examples would not meet the definition of
economic benefits.
[CO-CHAIR TARR turned the gavel over to Co-Chair Josephson.]
2:44:27 PM
The committee took an at-ease from 2:44 p.m. to 2:46 p.m.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
Big Game Commercial Services Board
2:46:25 PM
CO-CHAIR JOSEPHSON announced that the next order of business
would be a confirmation hearing on the appointee to the Big Game
Commercial Services Board, Division of Corporation, Business and
Professional Licensing, Department of Commerce, Community &
Economic Development.
2:46:30 PM
ADAM TROMBLEY, appointee to the Big Game Commercial Services
Board, stated he would like to serve on the board as he is an
avid hunter who cares about Alaskans and priority access to
animals, and seeks to ensure that hunting guides abide by the
law and are regulated fairly.
CO-CHAIR JOSEPHSON asked whether Mr. Trombley currently serves
on the board.
MR. TROMBLEY said he was appointed to fill a seat for a public
member who had resigned. In further response to Co-Chair
Josephson, he said he did not have sufficient information to
make a statement on a game concession program on state lands.
REPRESENTATIVE DRUMMOND asked when Mr. Trombley began to serve
on the [Big Game Commercial Services Board].
MR. TROMBLEY responded February 2017. In further response to
Representative Drummond, he said he had been unable to attend
the board meeting in March due to previous commitments.
REPRESENTATIVE DRUMMOND referred to his application dated
November 2015, seeking a position on the Alaska Bar Association
Board of Governors.
2:49:10 PM
MR. TROMBLEY explained he was appointed to the Alaska Bar
Association Board of Governors in 2012, and served one term. In
further response to Representative Drummond, he said he
submitted his application for reappointment to the Board of
Governors; in fact, the Big Game Commercial Services Board was
his third choice.
CO-CHAIR JOSEPHSON suggested getting clarification on Mr.
Trombley's application from the Office of Boards and
Commissions, Office of the Governor.
CO-CHAIR JOSEPHSON opened public testimony. After ascertaining
no one wished to testify, public testimony was closed.
CO-CHAIR TARR said the House Resources Standing Committee has
reviewed the qualifications of the governor's appointee Mr. Adam
Trombley to the Big Game Commercial Services Board and
recommends that his name be forwarded to a joint session of the
House and Senate for consideration. This does not reflect
intent by any of the members to vote for or against this
individual during any further sessions for the purposes of
confirmation. [There being no objection, the name was
advanced.]
HB 129-FISH & GAME: OFFENSES;LICENSES;PENALTIES
2:51:53 PM
CO-CHAIR JOSEPHSON announced that the next order of business
would be HOUSE BILL NO. 129, "An Act relating to sport fishing,
hunting, or trapping licenses, tags, or permits; relating to
penalties for certain sport fishing, hunting, and trapping
license violations; relating to restrictions on the issuance of
sport fishing, hunting, and trapping licenses; creating
violations and amending fines and restitution for certain fish
and game offenses; creating an exemption from payment of
restitution for certain unlawful takings of big game animals;
relating to commercial fishing violations; allowing lost federal
matching funds from the Pittman - Robertson, Dingell -
Johnson/Wallop - Breaux programs to be included in an order of
restitution; adding a definition of 'electronic form'; and
providing for an effective date."
2:52:25 PM
REPRESENTATIVE BIRCH moved to adopt Amendment 1, labeled 30-
GH1687\A.3, Bullard, 4/5/17, which read:
Page 5, line 30:
Delete "voluntarily and immediately reported"
Insert "as soon as reasonably practicable,
voluntarily reports"
Page 6, line 1:
Delete "surrendered"
Insert "surrenders"
2:52:51 PM
CO-CHAIR TARR objected for discussion purposes.
REPRESENTATIVE BIRCH said Amendment 1 addresses previous
testimony to recognize that one intends to immediately report an
[illegal act to the Alaska Department of Fish & Game (ADFG)] but
reporting may be delayed because of one's remote location or
weather.
CO-CHAIR JOSEPHSON added Amendment 1 has the support of the
administration and would be useful to provide some relief for
those who present a sheep to ADFG for sealing.
2:54:19 PM
CO-CHAIR TARR removed her objection. There being no further
objection, Amendment 1 was adopted.
2:54:40 PM
CO-CHAIR TARR moved to report HB 129, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 129(RES) was
reported from the House Resources Standing Committee.
HB 130-GAME REFUGE/CRIT HABITAT AREA BOUNDARIES
2:55:14 PM
CO-CHAIR JOSEPHSON announced that the final order of business
would be HOUSE BILL NO. 130, "An Act relating to the Izembek
State Game Refuge, Cape Newenham State Game Refuge, Palmer Hay
Flats State Game Refuge, Port Moller Critical Habitat Area,
Egegik Critical Habitat Area, Pilot Point Critical Habitat Area,
Fox River Flats Critical Habitat Area, Kachemak Bay Critical
Habitat Area, and Dude Creek Critical Habitat Area; and
providing for an effective date."
2:55:28 PM
The committee took a brief at-ease.
2:55:40 PM
MORGAN FOSS, Legislative Liaison, Office of the Commissioner,
Alaska Department of Fish & Game, introduced HB 130, sponsored
by the House Rules Committee by request of the governor. She
explained the bill pertains to the legal boundary descriptions
of special areas, state game refuges (SGRs), and critical
habitat areas (CHAs). State game refuges, of which there are 12
in the state, are designed to protect and preserve the natural
habitat and game population; SGRs and CHAs are co-managed by
ADFG and the Department of Natural Resources (DNR), or in
certain cases, a private landholder. Ms. Foss directed
attention to a map of the Izembek SGR located near Cold Bay
[slide 1]. Izembek SGR was established by the legislature in
1972 with the intent to incorporate tide and submerged lands
into the SGR, thus incorporating the waterbodies within the
[Izembek National Wildlife Refuge] watershed and fully
protecting waterfowl and shorebird habitat in the bay and
lagoon. She said the exclusion of the waterbodies may have been
due to imperfect mapping of mean highwater in the '60s and '70s.
Slide 2 was a map of Cape Newenham SGR, located near Izembek
SGR, and she characterized the changes there as "the same
scenario with [land] ... that was intended for inclusion." Ms.
Foss turned attention to slide 3 that was a map of the Palmer
Hay Flats SGR which was designated by the legislature in 1975.
The Palmer Hay Flats SGR surrounds the Matanuska River and the
riverbed is owned by the state. The original survey in 1913
platted a fixed river channel, which has since has meandered,
making the designated area no longer practicable for managers
and users. The bill would incorporate the excluded areas
indicated by the crosshatched areas shown on slide 3.
2:59:47 PM
CO-CHAIR JOSEPHSON asked how the undesignated land was
previously classified.
MS. FOSS said some of the land within the Palmer Hay Flats SGR
is private, and there are various land types in these areas.
CO-CHAIR JOSEPHSON clarified his question in that in the Izembek
SGR, for example, what is the classification of the parcels that
are being added.
MS. FOSS answered [the land] is not part of the CHA and is
designated as state water. She then directed attention to
[slide 4] that was a map of the Port Moller CHA boundary
established in 1972, and said the demarcations were six miles
west of the intended boundary, which erroneously incorporated
the community of Nelson Lagoon into the CHA. The bill will
correct the boundaries and benefit the community. In response
to Co-Chair Josephson, she agreed the aforementioned change
would affect residents. Slides 5 and 6 were maps of the Egegik
CHA and the Pilot Point CHA boundaries, both of which have
noncontiguous segments due to mistakes in the 1972 legislation;
corrections in HB 130 would redraw the boundaries so that the
previously isolated segments become part of a contiguous CHA.
REPRESENTATIVE BIRCH inquired as to how the affected areas were
discovered.
MS. FOSS said ADFG habitat biologists and staff have discovered
mistakes inconsistent with the original intent of legislation.
REPRESENTATIVE WESTLAKE recalled the issue of a road from King
Cove [proposed in the Izembek National Wildlife Refuge] and
asked what prompted moving the land into a CHA or SGR.
MS. FOSS explained the bill would not add land to CHAs except
for the change to the Dude Creek CHA. The department is
shifting boundaries to align with the original statutory intent.
3:04:45 PM
CO-CHAIR JOSEPHSON returned attention to the Port Moller CHA
boundary and asked whether there was a problem affecting the
community of Nelson Lagoon.
MS. FOSS understood that when the community was erroneously
placed within the CHA in 1972, there was "much concern over
this." In further response to Co-Chair Josephson, she said
there was no change in the acreage of the CHA illustrated on
slide 5. She further described the boundary error affecting the
Pilot Point CHA, and presented slide 7, which was a map of the
Fox River Flats CHA located at the head of Kachemak Bay, and
created in 1972. Shown on the map was the mean highwater line
which divides the uplands from the tidelines and submerged
water, which is important to the boundary of the CHA. Along the
north and east boundaries, four of the seven meridian township
ranges (MTRs) have tidelands and submerged water excluded;
however, the exclusions were not applied consistently. The bill
would remove the existing exclusions so that all four sections
are treated consistently; at this time, the affected areas are
the intersection of the Bradley River and the tidelines and
submerged lands. She added that Kachemak Bay was sinking and is
now rebounding, so a flexible definition of the mean high
tideline is necessary.
CO-CHAIR JOSEPHSON asked whether ADFG has heard any concerns
from the community or residents of Homer.
MS. FOSS said ADFG has not received negative feedback and has
received letters of support from two organizations in the
Kachemak Bay area. Directing attention to slide 8, which was a
map of the Kachemak Bay CHA, she said the Kachemak Bay CHA was
created in 1974 as a list of townships and ranges and the tide
and submerged land and waters within, and includes all of
Kachemak Bay except a small area omitted by error. Long-
standing access to the area would not be affected by the bill.
REPRESENTATIVE BIRCH asked for the significance of a CHA.
3:09:31 PM
MS. FOSS said a CHA is open to multiple use as long as [multiple
use] does not conflict with the original intent of the
protection.
CO-CHAIR JOSEPHSON surmised the Fox River Flats area is subsumed
inside Kachemak Bay.
MS. FOSS said correct.
3:10:22 PM
REPRESENTATIVE DRUMMOND asked for the location of Kachemak Selo.
MS. FOSS explained [the community of] Kachemak Selo is the
beachfront area.
CO-CHAIR JOSEPHSON asked for further questions to be submitted
in writing, due to time constraints.
MS. FOSS directed attention to slide 9 which was a map of the
Dude Creek CHA boundary in Gustavus near Glacier Bay. She
described this area as an addition of land - that was purchased
by Nature Conservancy in 2016 - to an existing CHA. Nature
Conservancy subsequently transferred ownership of the land to
the state, and in November 2016, the [Gustavus City Council]
passed a resolution urging ADFG to accept management authority
and incorporate the land into the CHA. There has been no
negative feedback at this time.
HB 130 was held over.
3:12:57 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 3:12 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 130 Supporting Document - Letter of Support - Alaska Dept. of Fish and Game.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Additional Information - Gustavus City Council Resolution.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 ADFG Hearing Request Letter 2.21.2017.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Additional Documentation - Special Areas boundary change maps 2.18.2017.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Fiscal Note DFG-WC 1.24.17.PDF |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Fiscal Note DFG-HAB 1.20.17.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Sectional Analysis ver A 2.17.17.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Sponsor Statement 2.14.17.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Supporting Document - Letter of Support - Aleutians East Borough.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Supporting Document - Letter of Support - Friends of Glacier Bay.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 ver A 2.15.17.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB 177 Support Ltr.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 fiscal note DNR.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 fiscal note DOT.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 fiscal note DFG.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB0177 ver A 3.28.17.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177-Supporting Document-Article ADN 3.29.17.PDF |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 Supporting Document-Support Letters 3.29.17.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 Supporting Document-Article Peninsula Clarion 3.29.17.PDF |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 Supporting Document-Article NOAA 3.29.17.PDF |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 Supporting Document-Article Juneau Empire 3.29.17.PDF |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| HB177 Sponsor Statement 3.28.17.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM HRES 4/10/2017 1:00:00 PM HRES 4/12/2017 1:00:00 PM |
HB 177 |
| Adam Trombley 2015_Redacted.pdf |
HRES 4/5/2017 1:00:00 PM |
Big Game Commercial Services Board |
| HB130 Supporting Document - Letter of Support - Alaska Waterfowl Association.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Supporting Document - Letter of Support - Aleutians East Borough.pdf |
HRES 4/5/2017 1:00:00 PM |
|
| HB130 Supporting Document - Letter of Support - Alaskans for Palmer Hay Flats.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Supporting Document - Letter of Support - Friends of Glacier Bay.pdf |
HRES 4/5/2017 1:00:00 PM |
|
| HB130 Supporting Document - Letter of Support - Friends of Kachemak Bay State Park.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Supporting Document - Letter of Support - Kachemak Bay Conservation Society.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Supporting Document - Letter of Support - Kachemak Bay Water Trail.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |
| HB130 Supporting Document - Letter of Support - The Nature Conservancy.pdf |
HRES 4/5/2017 1:00:00 PM HRES 4/7/2017 1:00:00 PM |
HB 130 |