Legislature(2023 - 2024)BUTROVICH 205
03/11/2024 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB164 | |
| SB199 | |
| SB210 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 199 | TELECONFERENCED | |
| += | SB 210 | TELECONFERENCED | |
| *+ | SB 164 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 210-SALMON HATCHERY PERMITS
4:26:18 PM
CO-CHAIR BISHOP announced the consideration of SENATE BILL NO.
210 "An Act relating to salmon hatchery permits; and authorizing
the sale of salmon to permitted persons for stocking lakes."
4:26:53 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish and
Game (ADFG), Anchorage, Alaska, presented SB 210 on behalf of
the administration. He explained that state hatchery facilities
currently lack the surplus to meet the demand for stocking
public lakes, as these facilities are funded by sport angler
dollars and federal Dingell-Johnson funds, which restrict their
use to the most beneficial lakes for sport fishing. SB 210 would
create additional recreational and economic opportunities by
enabling private nonprofit hatchery operators to sell fish under
the existing Department of Fish and Game permitting structure.
This process would ensure that all fish sales and stocking are
regulated to prevent negative impacts on wild fish populations.
Operators would need to obtain a fish transport permit, and the
species, life stage, and stocking locations would be evaluated
and approved to minimize risks. ADFG employs sterile stocking
methods when possible and typically approves the use of
reproductively viable fish only in landlocked lakes or those
where fish cannot escape. The bill does not mandate the sale of
fish but provides an option for hatchery operators and could
enhance food security by allowing communities to stock their
lakes, particularly highlighted during the COVID-19 crisis when
rural communities faced food security challenges. The department
can manage the additional workload for processing applications
with minimal fiscal impact, as the fish transport permit process
is already in place. This change is expected to offer new
revenue opportunities for hatchery operators and increase access
to fishing resources for Alaskans.
4:30:26 PM
CO-CHAIR BISHOP inquired about the process for stocking a 10-
acre, landlocked lake. He asked for a detailed explanation of
the steps involved, including how to initiate contact with ADFG,
the timeline for application review, any necessary inspections,
and the overall duration of the process from application to
stocking.
4:30:41 PM
SAM RABUNG, Director, Division of Commercial Fisheries, Alaska
Department of Fish and Game (ADFG), Anchorage, Alaska, answered
questions related to SB 210. He explained that the process for
stocking a 10-acre, landlocked lake involves several key steps.
First, an individual would need to contact ADFG or submit an
application online for a fish transport permit. The department
evaluates the application based on the lake's type, its capacity
to support fish, and the species to be stocked. This review and
permit issuance typically take one to two months. Once the
permit is granted, the individual would then need to work with a
nonprofit hatchery to produce and stock the fish. It's important
to note that fish cannot be obtained by simply picking them up
at a hatchery; the entire process requires pre-approval and
proper permits. The individual would contract with the hatchery
to carry out the stocking, following the same procedures as if
the state were managing the program.
4:32:18 PM
CO-CHAIR BISHOP asked if there is any follow-up with the
landowner after receiving approval and arranging for a private
nonprofit hatchery to stock the lake. Specifically, he inquired
whether ADFG conducts any further inspections or evaluations one
year later or if there are additional follow-up procedures.
4:32:43 PM
MR. RABUNG responded that there is an annual reporting
requirement for activities involving stocked lakes. The
Department of Fish and Game would review these reports at the
end of each year. However, aside from this reporting, there is
generally no additional follow-up. The projects are typically
"put and take" operations, meaning the fish are introduced with
the intent of being harvested rather than reproducing. In
landlocked lakes, the habitat is usually not conducive to fish
reproduction. If the fish are harvested and the landowner wishes
to restock, they would need to repeat the application process.
4:33:39 PM
SENATOR KAWASAKI asked if there are any locations in Alaska that
currently do that.
4:33:47 PM
MR. RABUNG explained that the state currently handles lake
stocking, primarily in the Railbelt region, due to the need for
public access and the limited fish production capacity of state
facilities. Stocking is prioritized based on public access and
use, so remote areas are less likely to be stocked. He added
that while there is no private nonprofit hatchery (PNP) in
Southeast Alaska dedicated to lake stocking, fish are supplied
to the state under contract, and the state uses its fish
transport permit for distribution. The proposed change would
enable individuals to purchase these fish directly for stocking,
rather than relying on the state to manage the process.
4:34:25 PM
MR. VINCENT-LANG added that currently, no private nonprofit
hatchery (PNP) is producing fish in Southeast Alaska
specifically for lake stocking programs. Instead, fish are
provided to the state of Alaska under contract, and the state
uses its fish transport permit to distribute them. The proposed
change would allow individuals to purchase these fish directly
for stocking, rather than relying on the state to handle the
process.
4:34:45 PM
MR. RABUNG explained that the state contracts with private
nonprofit hatcheries to handle some of the lake stocking work,
particularly in areas where there are no state hatcheries. He
noted that this practice is employed in both Southeast Alaska
and Kodiak, where state facilities are not available.
4:35:07 PM
SENATOR KAWASAKI pointed out that the Ruth Burnett Fish
Hatchery, located in the heart of downtown Fairbanks, is a key
facility. He raised a question about the proposed changes,
noting that it represents a significant shift from a public
process to a more private one. He expressed a concern regarding
whether this new approach aligns with the current fin fish
farming legislation under Title 16, which governs fish farming
practices.
4:36:00 PM
MR. RABUNG clarified that the proposed change is not related to
fish farming but rather pertains to lake stocking for sports
fishing. He explained that the process of issuing fish transport
permits for stocking lakes would remain the same as it currently
is. The key difference is that the Department of Fish and Game
(DFG) does not have the capacity to stock all the lakes that
people request. The new approach would provide an additional
option for stocking more lakes if the proposal is passed.
4:36:31 PM
MR. VINCENT-LANG acknowledged that remote and less accessible
lakes may not rank high for state-sponsored stocking due to
limited public access and the need to prioritize sport fishing
opportunities. However, if individuals wish to stock such lakes
with rainbow trout for events or to provide a local food source,
they would have the option to purchase fish from a nonprofit
hatchery. This approach supports food security and offers
opportunities for local fishing, even if these lakes may not
otherwise receive state-funded stocking efforts.
4:37:15 PM
SENATOR KAWASAKI inquired about the challenges of stocking
public lakes, particularly in cases where there is a shortage of
fish. He noted that certain species, such as grayling, have been
difficult to produce, leading to discontinuation of their
stocking. He asked what happens if a private entity requests to
stock a personal lake with fish that might otherwise be
allocated to public lakes, given the limited supply.
4:37:49 PM
MR. VINCENT-LANG replied that ADFG would not stock a private
lake with the existing Fairbanks or anchorage hatcheries,
because they were paid for with sport dollars, and they were and
they have Dingle Johnson money going to it, so they have to have
some reasonable access for everybody else. This would allow an
individual, for instance, maybe own some gravel pits in the
Thermax area in your district that wants to stock some of those
gravel pits for running their clients some opportunity to catch
fish in those gravel pits. They could buy those from a PMP
hatchery, where ADFG would not sell them to them, because,
again, there's no public access for the general public.
4:38:25 PM
CO-CHAIR BISHOP asked if the state uses aircraft to propagate
lakes.
4:38:38 PM
MR. VINCENT-LANG replied that some lakes are stocked by aircraft
and gave an example of a lake stocked by aircraft in the
Anchorage area.
4:38:48 PM
SENATOR WIELECHOWSKI expressed concern about the opposition and
concerns raised by biologists regarding similar bills, including
those related to geoducks and the transfer of wild salmon. He
sought clarification on whether all the fish being transferred
under this proposal are sterile and incapable of reproducing.
4:39:22 PM
MR. VINCENT-LANG replied that ensuring fish are sterile and
unable to reproduce would be a requirement under the fish
transport permit (FTP) process. He explained that the Department
of Fish and Game (ADFG) would stipulate this condition to
prevent non-sterile fish from escaping in a flood event or other
circumstances. This stipulation would be part of the permit
requirements for stocking a lake.
4:39:36 PM
SENATOR WIELECHOWSKI wondered if the sterilization requirement
should be put in statute.
4:39:45 PM
MR. RABUNG explained that the lake stocking policy, which is
available online and possibly on the board's website,
categorizes lakes into five categories based on their
characteristics, such as being landlocked or having an open
outlet. For landlocked lakes where there is no risk of fish
escaping, the policy allows for stocking with viable fish.
However, for lakes where there is a chance of fish escaping, the
policy requires the use of sterile fish to mitigate any
potential impact.
4:40:22 PM
SENATOR WIELECHOWSKI asked if there have been any concerns
expressed by biologists or scientists at ADFG.
4:40:30 PM
MR. VINCENT-LANG replied he has not heard any concerns expressed
by the department.
4:40:46 PM
SENATOR WIELECHOWSKI asked whether "Atlantic salmon" should be
defined as "Alaskan salmon."
4:41:07 PM
MR. VINCENT-LANG commented that he would not be opposed to that
suggestion.
4:41:12 PM
MR. RABUNG replied that it is not illegal to have Atlantic
salmon in Alaska.
4:41:25 PM
SENATOR WIELECHOWSKI asked for confirmation of his understanding
that the prohibition of salmon sales is prohibited by Alaskan
hatcheries.
4:41:39 PM
MR. RABUNG replied that there is a prohibition of the
importation of live fish to Alaska, so it must occur within
Alaska.
4:41:49 PM
SENATOR WIELECHOWSKI asked whether any attorneys have been
consulted regarding potential constitutional issues with the
bill, specifically concerning the sustained yield provision or
any other provisions of the Alaska Constitution.
4:42:01 PM
MR. VINCENT-LANG replied that Alaska Department of Law (DOL) has
not raised any concerns.
4:42:16 PM
SENATOR KAUFMAN asked if SB 210 would have any implications for
micro-aquaculture projects, such as those involving small-scale
hydroponic systems where fish like rainbow trout are grown in
refrigerated tanks. He noted that these systems create a self-
regenerating nitrogen cycle, providing high yields from both the
fish and the hydroponic plants with minimal inputs. Senator
Kaufman inquired whether this bill would facilitate or hinder
such innovative practices in Alaska and sought more information
on how it might affect these types of projects.
4:43:42 PM
MR. RABUNG replied that the type of micro-aquaculture described
would be considered fish farming, which is prohibited in Alaska.
Therefore, this bill would not provide an opportunity to support
or that practice.
4:43:53 PM
SENATOR KAUFMAN expressed agreement with his statement.
4:44:02 PM
SENATOR DUNBAR asked whether the bill refers to the colloquial
term "salmon," which typically includes the five species of
salmon, or if it encompasses the broader family of salmonids,
which includes other types of freshwater fish.
4:44:37 PM
MR. RABUNG explained that internally, the Department of Fish and
Game (ADFG) has discussed the taxonomy, and trout are included
in the broader family of salmonids. Since most of the stocking
under the bill will involve rainbow trout, referring to them as
"salmon" is considered adequate. However, clarifying the
terminology to specifically include trout would not cause any
issues.
4:45:01 PM
MR. VINCENT-LANG added that if a private nonprofit hatchery
(PNP) were to pursue this route, they would likely adopt the
technologies and innovations already established by the state of
Alaska's hatchery programs. He suggested that it would be more
practical for them to focus on species that have already been
successfully managed in the state, rather than starting entirely
new programs with species that have not been as successful.
4:45:22 PM
SENATOR DUNBAR said the law may be difficult to interpret. There
could be clarifying language.
4:45:53 PM
SENATOR WIELECHOWSKI acknowledged that while hatcheries are
sophisticated, the average person might not realize that
"salmon" in the bill includes trout, given common perceptions.
He suggested that there might be a need for clarifying language
to ensure that the bill's terminology is clear and
understandable to the public, although he stated that did not
feel strongly about this issue.
4:46:26 PM
MR. VINCENT-LANG clarified that the department would not issue a
permit for stocking fish in a lake with an inflow or outflow due
to the associated issues. Therefore, he suggested that the term
"enclosed" might not be necessary in the context of the bill, as
these situations are already covered under the existing fish
transport permit process.
4:46:49 PM
MR. RABUNG explained that private nonprofit hatcheries are
currently limited to working with salmon, which includes trout
due to their classification within the same genus. Although
trout and salmon were not always classified together, this
changed in the 1990s. If there is interest in including other
species, statutory revisions would be required.
4:47:24 PM
CO-CHAIR BISHOP inquired about the fish size for sales.
4:47:30 PM
MR. VINCENT-LANG replied that it depends upon the lake.
CHAIR BISHOP asked about fish that weigh two pounds.
4:47:47 PM
MR. RABUNG said it could take a while depending on water
temperature and the food supply.
4:47:57 PM
CO-CHAIR BISHOP acknowledged that it takes a long time for
species like pike, sheefish, and whitefish to reach adult size.
He emphasized the need for alternative protein sources,
especially if wild stocks do not recover to their necessary
levels. He noted that these conversations explore ways to
address this issue and provide additional protein sources.
4:48:28 PM
CO-CHAIR BISHOP held SB 210 in committee.