03/22/2024 01:00 PM House RESOURCES

                 HB 295-SALMON HATCHERY PERMITS                                                                             
                                                                                                                                
1:14:47 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the first order of  business would be                                                               
HOUSE BILL NO. 295, "An  Act relating to salmon hatchery permits;                                                               
and  authorizing the  sale  of salmon  to  permitted persons  for                                                               
stocking lakes."  [Before the committee was CSHB 295(FSH).]                                                                     
                                                                                                                                
1:15:19 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY opened public testimony on CSHB 295(FSH).                                                                           
                                                                                                                                
1:16:13 PM                                                                                                                    
                                                                                                                                
ALBERT  SMITH,  Mayor,  Metlakatla Indian  Community,  asked  the                                                               
committee  to  consider  amending   CSHB  295(FSH)  to  have  the                                                               
Metlakatla Indian Community qualify  for the hatcheries revolving                                                               
loan funds.   He explained that since the  Annette Islands Indian                                                               
Reserve  is  a sovereign  nation,  it  is  not subject  to  state                                                               
regulation oversight.   He posited  that since the  hatchery that                                                               
Metlakatla maintains  benefits all Southeast Alaska,  it would be                                                               
within  the  state's  fisheries enhancement  goals  to  amend  AS                                                               
16.10.510  to  expand  the  authorization of  the  loans  to  the                                                               
Metlakatla Indian Community.                                                                                                    
                                                                                                                                
1:18:56 PM                                                                                                                    
                                                                                                                                
NANCY HILLSTRAND,  Owner, Pioneer  Alaskan Fisheries,  Coal Point                                                               
Trading, requested  for the committee  to amend CSHB  295(FSH) to                                                               
remove  Section  2.     She  attested  that  the   intent  of  AS                                                               
16.10.440(b)  was stated  in  March 1979  to  clarify the  Alaska                                                               
Board  of  Fisheries was  to  regulate  salmon returning  to  the                                                               
waters of Alaska, and that  rule extends to regulating those fish                                                               
that are returning  as a result of releases  from natural systems                                                               
and  hatcheries.   She added  there  is a  significant number  of                                                               
vacant positions in the Alaska  Department of Fish & Game (ADF&G)                                                               
and  she is  worried about  how  the implementation  of the  bill                                                               
would  be affected  without providing  more  money and  staffing.                                                               
She  expressed concern  over data  collection and  referred to  a                                                               
comment  made  by the  chief  scientist  at  an Alaska  Board  of                                                               
Fisheries  Hatchery Committee  meeting requesting  an Academy  of                                                               
Sciences Panel to avoid making piecemeal progress.                                                                              
                                                                                                                                
1:22:38 PM                                                                                                                    
                                                                                                                                
GALE VICK,  representing self, stated  she opposed  CSHB 295(FSH)                                                               
because  the  bill  does  not  require  private  nonprofit  (PNP)                                                               
hatchery fish sold  to the public to be sterile.   She emphasized                                                               
the potential for  a non-sterile fish with  different genetics to                                                               
the local population to be introduced to a wild stream.                                                                         
                                                                                                                                
1:25:05 PM                                                                                                                    
                                                                                                                                
ALAN PARKS,  representing self, concurred  with the  previous two                                                               
testimonies.                                                                                                                    
                                                                                                                                
1:26:07 PM                                                                                                                    
                                                                                                                                
MIKE  KRAMER,  representing self,  said  he  is opposed  to  CSHB
(FSH)  and   disagreed  that   the  bill  would   clarify  the                                                               
commissioner's  authority over  fish hatcheries.   He  referenced                                                               
two formal  opinions from  the Alaska  attorney general  that the                                                               
Board of  Fisheries has  the authority to  regulate egg  take and                                                               
harvest areas for hatcheries.   He additionally opposed extending                                                               
the loan program due to many PNP hatcheries being in debt.                                                                      
                                                                                                                                
1:29:19 PM                                                                                                                    
                                                                                                                                
SHANNON  MARTIN,  Executive  Director, Kenai  River  Sportfishing                                                               
Association, stated the association  was opposed to CSHB 295(FSH)                                                               
due to the  introduction of the word "wild"  into AS 16.10.440(b)                                                               
which  would  remove the  power  of  the  Board of  Fisheries  to                                                               
regulate hatchery  egg take and  release levels.   She emphasized                                                               
that the Board of Fisheries  gives the public a valuable platform                                                               
to influence  regulation and provide  transparency.  She  cited a                                                               
memo from the Department of Law (DOL), which read as follows:                                                                   
                                                                                                                                
     The   department  and   the   Board  share   regulatory                                                                    
     authority    over   private,    nonprofit   hatcheries.                                                                    
     Although  primary  responsibility over  permitting  and                                                                    
     the administration  of the hatchery program  rests with                                                                    
     the  department, the  Board  has substantial,  indirect                                                                    
     control  over  hatchery  production by  virtue  of  its                                                                    
     regulatory  authority to  amend  hatchery permits  with                                                                    
     respect to special harvest areas,  the harvest of brood                                                                    
     stock, and cost-recovery fish.                                                                                             
                                                                                                                                
1:31:26 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY, after ascertaining there  was no one else who wished                                                               
to testify, closed public testimony on CSHB 295(FSH).                                                                           
                                                                                                                                
CHAIR MCKAY announced CSHB 295(FSH) was held over.