Legislature(2023 - 2024)BUTROVICH 205
05/10/2024 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB295 | |
| HB329 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| * | HB 295 | ||
| * | HB 329 | ||
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.
| 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 |