Legislature(2015 - 2016)GRUENBERG 120
03/24/2016 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| Alaska Board of Fisheries (bof) | |
| HB300 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 300 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 300-FISH/SHELLFISH HATCHERY/ENHANCE. PROJECTS
10:33:35 AM
CHAIR STUTES announced that the final order of business would be
HOUSE BILL NO. 300, "An Act relating to management of enhanced
stocks of fish; authorizing the operation of nonprofit shellfish
hatcheries; relating to application fees for salmon and
shellfish hatchery permits; and providing for an effective
date."
10:34:19 AM
REPRESENTATIVE FOSTER moved to adopt the proposed committee
substitute (CS) for HB 300, Version 29-GH2653\W, Bullard,
3/21/16, as the working document.
CHAIR STUTES objected for discussion.
10:35:30 AM
SAM COTTEN, Commissioner, Alaska Department of Fish & Game
(ADF&G), introduced HB 300, and said it allows the department to
issue permits for shellfish enhancement and for rehabilitation
projects, as well as for the construction and operation of
shellfish hatcheries by non-profit corporations for the same
purpose. The goal to help improve the state's economy and
provide a method to increase the available harvest of shellfish.
For further details addressing the recommended changes to the
original bill, he deferred comment.
10:37:20 AM
FOREST BOWERS, Deputy Director, Division of Commercial
Fisheries, Alaska Department of Fish & Game (ADF&G), said HB 300
caused a number of questions due to a need to standardize the
text of the bill and reflect a unified syntax. The general
public experienced confusion due to the inclusion of terminology
which the department considered routine. Additionally, strong
public interest was evident regarding shellfish enhancement and
the rehabilitation of shellfish fisheries. After incorporating
the public feedback, the bill required a title change. Also, a
paragraph was added to prohibit permit holders from procuring or
placing genetically modified shellfish into state waters.
Specifications for brood stock sourcing was included and a
series of definitions were added. Finally, an immunity of
liability clause was inserted, and a provision for donation of
shellfish to a food bank was removed.
10:40:13 AM
CHAIR STUTES removed her objection, and without further
objection, Version W was before the committee.
10:40:19 AM
MR. BOWERS referred to the committee packet, to paraphrase from
the document titled, "Sectional Analysis, HB 300, Version W,
Shellfish Stock Rehabilitation and Fishery Enhancement Projects,
March 23, 2016," which read as follows:
Sec. 1
Provides the Alaska Board of Fisheries authority to
direct the department to manage production of enhanced
shellfish stocks, beyond brood stock needs, for cost
recovery harvest.
Sec. 2
Increases the permit application fee for new private
nonprofit salmon hatcheries from $100 to $1,000.
Sec. 3
Adds a new Chapter 12 to Title 16, "Shellfish Stock
Rehabilitation Efforts, Enhancement Projects, and
Hatcheries.
Provides direction to the commissioner on issuance of
permits for private nonprofit shellfish stock
rehabilitation and fishery enhancement projects and
associated shellfish hatcheries and establishes a
$1,000 permit application fee. This section directs
the commissioner to consult with technical experts in
the relevant areas before permit issuance. This
section provides for a hearing prior to issuance of a
permit and describes certain permit terms including
cost recovery fisheries, harvest, sale, and release of
hatchery-produced shellfish, and selection of brood
stock sources. This section describes reporting
requirements and terms for modification or revocation
of a permit.
Sec. 4
Provides the Commercial Fisheries Entry Commission
authority to issue special harvest area entry permits
to holders of private nonprofit shellfish
rehabilitation, enhancement or hatchery permits.
Sec. 5
Defines legal fishing gear for special harvest area
entry permit holders.
Sec. 6
Exempts shellfish raised in a private nonprofit
shellfish project from the farmed fish definition.
Sec. 7 and 8
Establish tax exemption for a nonprofit corporation
holding a shellfish hatchery, rehabilitation, or
enhancement permit.
Sec. 9
Exempts shellfish harvested under a special harvest
area entry permit from certain taxes.
Sec. 10
Establishes an effective date of the fee for salmon
hatchery permits described in sec. 2.
Sectional Analysis, HB 300 - 2 - April 4, 2016
Sec. 11
Authorizes the department to adopt implementing
regulations.
Sec. 12
Establishes an immediate effective date for sec. 12
pursuant to AS 01.10.070(c).
Sec. 13
Establishes an effective date for sec. 9 concomitant
with sec. 2 effective date.
10:43:41 AM
MR. BOWERS added that the bill was structured after the existing
statutes governing salmon, private, non-profit, programs to
utilize applicable elements.
10:44:10 AM
CHAIR STUTES opened public testimony.
10:44:33 AM
HEATHER MCCARTY, Spokesperson, Central Bering Sea Fishermen's
Association, stated support for HB 300, and said the crab
fishery has not undergone a stock resurgence, and enhancement
appears to be the best means to bring the industry back. The
technology exists, and many committee and public members support
an enhancement approach.
10:49:17 AM
JULIE DECKER, Executive Director, Alaska Fisheries Development
Foundation, stated support for HB 300, paraphrasing from a
prepared statement, which read as follows [original punctuation
provided]:
The Alaska Fisheries Development Foundation (AFDF)
would like to express support for HB 300. AFDF
recognizes that HB 300 is part of a larger effort to
develop mariculture in Alaska.
AFDF's membership is comprised of seafood harvesters,
seafood processors, and support sector businesses.
Since 1978, AFDF's mission has been to identify
problems and opportunities that are common across
Alaska's seafood industry and to help develop
solutions utilizing applied research and development
which balance economic benefits with sustainability
principles.
One of AFDF's recent projects is to spearhead the
Alaska Mariculture Initiative, which is meant to
expedite the development of mariculture in Alaska with
the vision to grow a $1 billion industry in 30 years.
Governor Walker's recent Administrative Order #280
establishes the Alaska Mariculture Task Force and is
also part of this larger effort to develop
mariculture. The purpose of the Task Force is to
provide recommendations for a comprehensive plan to
develop a viable and sustainable mariculture industry
producing shellfish and aquatic plants for the
long
and communities.
HB 300 plays an important role in the development of
mariculture in Alaska. HB 300 creates a regulatory
framework with which ADF&G can manage shellfish
fishery enhancement, restoration and hatcheries, in a
similar fashion as the current management of salmon
fishery enhancement and hatcheries. This would allow
interested stakeholders to either continue or begin
enhancement and/or restoration of species such as King
crab, sea cucumber, geoduck, abalone, or razor clams.
I would like to briefly address concerns of negative
impacts to wild shellfish from hatchery shellfish. As
a Client for the Alaska Responsible Fisheries
Management (RFM) sustainability certification program,
AFDF has a unique position and viewpoint on this
issue. On one hand, AFDF hears concerns from industry
that ADF&G's fishery enhancement policies are too
restrictive, increase cost, and slow progress. On the
other hand, AFDF is also in the position of
facilitating a review of ADF&G's fishery enhancement
policies by independent third
determine whether they follow internationally accepted
standards for sustainably managed fisheries. Alaska
salmon maintains RFM certification, because of ADF&G's
policies which are designed around a precautionary
approach that prioritizes wild fish and minimizes
adverse impacts to wild stocks. Following is a list of
some of ADF&G's enhancement policies: genetics,
disease, pathology, siting of hatcheries, fish
culturing techniques, release strategies, harvest,
habitat, marking, transportation, planning, and
reporting. Given these extensive policies, AFDF and
independent third
is fulfilling its constitutional mandate to manage our
fishery resources for sustainability.
Finally, I understand that a committee substitute (CS)
will be introduced at Thursday's meeting that mirrors
the latest version of the companion bill (SB 172)
which was passed out of Senate Resources Committee.
This is our preferred version with changes that
improve the clarity and intent of the bill. AFDF
supports this CS of HB 300 and appreciates the
Administration's proactive role in introducing the
legislation.
10:53:13 AM
NANCY HILLSTRAND, Pioneer Alaskan Fisheries, stated opposition
to HB 300, and said the governance of shellfish needs to be
independent of the statutes that were written for salmon.
Legislation needs to address shellfish specifically. She
pointed out that a species of king crab was released into the
Bering Sea and is now considered invasive.
10:57:07 AM
GINNY ECKERT, PhD, Professor, University of Alaska Fairbanks
(UAF), stated support for HB 300, and paraphrased from a
prepared statement, which read as follows [original punctuation
provided]:
The Steering Committee of the Alaska King Crab
Research, Rehabilitation and Biology (AKCRRAB) program
would like to express appreciation and support for
House Bill 300, version W.
The AKCRRAB program is a coalition of university,
federal and stakeholder groups, formed in 2006 with
the goals of adding to the scientific understanding of
crab life history and ecology, as well as the eventual
rehabilitation of depressed king crab stocks in
Alaska. AKCRRAB is developing scientifically sound
strategies for hatching, rearing and out planting king
crab in Alaska, in order to help restore populations
to self-sustainable levels.
In phase one, from 2006 to 2011, AKCRRAB researchers
made significant accomplishments in developing and
improving methods of hatchery rearing of larval and
juvenile king crab from wild-caught brood stock, to
the point where large-scale production is feasible.
Parallel field and laboratory studies of crab ecology
and population genetics were also conducted during
this time.
In the second and current phase, hatchery studies have
been complemented by studies essential to
understanding optimal release strategies, appropriate
habitat, and potential impact on existing ecosystems.
This research is providing the science necessary for
informing the responsible release of hatchery-reared
animals. Increased knowledge will allow scientists and
managers to assess the feasibility of ecologically
sound rehabilitation of depressed stocks, with
potentially substantial benefits to Alaska.
In the third and final phase, AKCRRAB intends to
evolve from the current, research-oriented coalition,
to a formal entity focused on transitioning hatchery
techniques and out planting technologies to
communities and industry as part of statewide efforts
to help rehabilitate depleted king crab stocks. As
phase three develops, the program will require support
and guidance from the State of Alaska, as the
transition from feasibility to implementation will
need to be guided with a new regulatory structure.
House Bill 300, as aligned with the recent Senate
Resources Committee Substitute for Senate Bill 172, is
a response to the need for new regulations for
shellfish culture. The AKCRRAB Steering Committee is
pleased that the Administration and the Legislature
are addressing this need. In a preliminary review of
the proposed legislation, the original version of
Senate Bill 172, we identified several areas of
concern for AKCRRAB program participants. We were
pleased that our concerns, and those of others, were
addressed in the Committee Substitute.
We intend to participate fully in further discussions
and hearings on this important legislation. The
AKCRRAB Steering Committee stands ready to interact
with Committee members and staff as needed. Please let
us know how we can be of help.
10:59:49 AM
CHRIS MIERZEJEK, Director of Administration, Community
Development Quota (CDQ), stated support for HB 300 and opined
that it could generate economic opportunities throughout the
western coastal areas of Alaska.
CHAIR STUTES closed public testimony.
11:01:34 AM
REPRESENTATIVE ORTIZ asked about sea otter management and
whether reducing populations would have a positive impact.
11:02:51 AM
MR. BOWERS responded that sea otters are limiting shell fish
production in some areas of the state. However, the areas
impacted by the sea otter may be good rehabilitation locations,
especially if the otters have moved to other areas. Certainly
abalone would be a good species for rehabilitation, he opined.
REPRESENTATIVE ORTIZ said when speaking about restoration versus
rehabilitation, what are the differences.
MR. BOWERS explained scenarios for both approaches: Stock
rehabilitation and fisheries enhancement are what the department
practices, and restoration is not the agencies purview.
Rehabilitation is when a native species have been extirpated, or
nearly so, and the effort is to rebuild a species to natural
production levels. Enhancement relates to boosting production
of fisheries above natural levels for additional yield, in the
common property fishery. The majority of the projects in the
area of salmon are for enhancement purposes, he finished.
11:06:00 AM
REPRESENTATIVE FOSTER moved to report the proposed CS for HB
300, Version 29-GH2653\W, Bullard, 3/21/16, out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, CSHB 300(FSH) was reported
from the House Special Committee on Fisheries.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Fishermen's Fund - Alward.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Alward Support NPFA.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Alward Support UFA.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Board of Fisheries - Payton.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Board of Fisheries - Ruffner.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Ruffner & Cain Support UFA.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Ruffner Support NPFA.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| HB300 Sponsor Statement.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 Sectional Analysis.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 ver W Changes.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 ver W Work Draft (H FSH).pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 ver A.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 Fiscal Note DFG.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 Support PVOA.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 Support UFA.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| HB300 Sectional Analysis ver W.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| Ruffner Support - KMcGahan.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Payton Oppose - KMcGahan.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| Payton Oppose - RMcGahan.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| HB300 Support AFDF.pdf |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |
| SOKI Support Ruffner Cain Payton.pdf |
HFSH 3/24/2016 10:00:00 AM |
|
| HB300 Support Eckert McCarty.PDF |
HFSH 3/24/2016 10:00:00 AM |
HB 300 |