Legislature(2001 - 2002)

03/18/2002 03:36 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 46-BC MORATORIUM ON FISH FARMING                                                                                          
                                                                                                                                
CO-CHAIR WILSON  announced that the  matter before  the committee                                                               
was HOUSE JOINT RESOLUTION NO.  46, Relating to the moratorium on                                                               
fish farming in British Colombia.                                                                                               
                                                                                                                                
Number 0120                                                                                                                     
                                                                                                                                
CO-CHAIR STEVENS  made a motion  to adopt the  proposed committee                                                               
substitute  (CS)  for  HJR 46,  version  22-LS1582\J,  Utermohle,                                                               
2/25/02, for purposes  of discussion.  There  being no objection,                                                               
Version J was adopted as the work draft.                                                                                        
                                                                                                                                
Number 0154                                                                                                                     
                                                                                                                                
JEAN ELLIS,  Staff to Representative  Peggy Wilson,  Alaska State                                                               
Legislature,  explained HJR  46 on  behalf of  the House  Special                                                               
Committee  on Fisheries,  sponsor.   The bill  requests that  the                                                               
government  of  British  Columbia  reinstate  the  moratorium  on                                                               
finfish farming.   She said the moratorium had been  in place for                                                               
several years  but had been  removed.  This removal  would become                                                               
effective at  the end of  April.  Ms.  Ellis said she  had worked                                                               
with  Representatives  Kerttula and  Dyson  on  the issue.    She                                                               
expressed  her feeling  that the  proposed CS  had taken  care of                                                               
some of the  concerns that might have been  raised about accuracy                                                               
in the first version.                                                                                                           
                                                                                                                                
MS.  ELLIS listed  various supporting  statements  that had  been                                                               
included in the bill packets.                                                                                                   
                                                                                                                                
Number 0390                                                                                                                     
                                                                                                                                
MS. ELLIS read the sponsor statement for HJR 46.  She said:                                                                     
                                                                                                                                
     On  January   31,  2002,  the  Government   of  British                                                                    
     Columbia  announced that  the provincial  moratorium on                                                                    
     fish  farming would  be lifted.    This decision  could                                                                    
     have a  substantial effect on  the Alaskan  economy and                                                                    
     environment, both directly and indirectly.                                                                                 
                                                                                                                                
     This resolution  strongly encourages the  Government of                                                                    
     British Columbia  to reinstate  the moratorium  on fish                                                                    
     farming.                                                                                                                   
                                                                                                                                
     In  2001  there  were  29,000  accidental  releases  of                                                                    
     farmed  fish   from  British  Columbia   salmon  farms.                                                                    
     Escaped  farmed Atlantic  salmon  have  been caught  in                                                                    
     Alaska  commercial  fisheries.   The  escaped  Atlantic                                                                    
     salmon  pose a  threat to  Alaska's marine  environment                                                                    
     and the ecology of Pacific Salmon.                                                                                         
                                                                                                                                
     Escaped Atlantic salmon from  farms in British Columbia                                                                    
     are  now spawning  in approximately  80 streams  on the                                                                    
     West  Coast.   These escaped  salmon compete  with wild                                                                    
     Alaskan  salmon  for  food,  and  there  is  continuing                                                                    
     concern with possible disease transfers.                                                                                   
                                                                                                                                
      Seafood is Alaska's number one international export,                                                                      
        and the commercial fishing industry is Alaska's                                                                         
     largest private-sector employer.                                                                                           
                                                                                                                                
     Therefore, the Fisheries  Committee strongly encourages                                                                    
     the   Alaska   State   Legislature   to   support   the                                                                    
     reinstatement  of the  British  Columbia moratorium  on                                                                    
     fish farming.                                                                                                              
                                                                                                                                
                                                                                                                                
Number 0512                                                                                                                     
                                                                                                                                
CO-CHAIR STEVENS  asked what  changes were  made to  the original                                                               
bill by the proposed CS.                                                                                                        
                                                                                                                                
MS. ELLIS said  the changes were mostly to  make small, technical                                                               
corrections.   She gave the  example of the change  from language                                                               
that read  "native Alaska  wild salmon"  to "native  wild salmon"                                                               
with regard  to disease transfer.   She listed other  examples of                                                               
technical changes.                                                                                                              
                                                                                                                                
Number 0717                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL took  issue with  the resolution's  claim                                                               
that seafood  is Alaska's number  one export.   He said  that oil                                                               
was the state's largest export.                                                                                                 
                                                                                                                                
Number 0738                                                                                                                     
                                                                                                                                
REPRESENTATIVE   DYSON   corrected  Representative   Coghill   by                                                               
pointing out that  all of Alaska's oil goes  to domestic markets,                                                               
most of them in Washington and Oregon.                                                                                          
                                                                                                                                
Number 0769                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  proposed an  amendment to  page 2,  line 3.                                                               
He suggested  inserting the word "escaped"  between "Whereas" and                                                               
"farmed".                                                                                                                       
                                                                                                                                
Number 0814                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCALZI  moved to adopt the  foregoing as Amendment                                                               
1.  There being no objection, the amendment was adopted.                                                                        
                                                                                                                                
Number 0848                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON  offered  [Amendment   2].    He  suggested                                                               
inserting "Alaska" between "80" and "streams" on page 2, line 8.                                                                
                                                                                                                                
Number 0910                                                                                                                     
                                                                                                                                
DOUG MECUM,  Director, Division  of Commercial  Fisheries, Alaska                                                               
Department of  Fish & Game,  testified before the committee.   He                                                               
said  there have  been almost  400,000 reported  escaped Atlantic                                                               
salmon since 1991, and he  added that most escapes go unreported.                                                               
There  is very  little monitoring  or enforcement  of the  farms.                                                               
There have  been three documented  recoveries of  Atlantic salmon                                                               
in Alaskan fresh waters.                                                                                                        
                                                                                                                                
REPRESENTATIVE DYSON withdrew Amendment 2.                                                                                      
                                                                                                                                
Number 1020                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  proposed Amendment 3,  on page 2,  line 20.                                                               
He  suggested  changing   "Alaska  [State]  Legislature  strongly                                                               
supports the reinstatement of the  British Columbia moratorium on                                                               
fish  farming"  to  "Alaska   [State]  Legislature  requests  the                                                               
reinstatement  of  the  [British  Columbia]  moratorium  on  fish                                                               
farming until  Alaskans can  be assured  that all  possible steps                                                               
have been taken to preclude further escapes of farmed fish."                                                                    
                                                                                                                                
Number 1043                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCALZI  moved to adopt the  foregoing as Amendment                                                               
3.                                                                                                                              
                                                                                                                                
Number 1067                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  said she  did  not  like the  amendment                                                               
because  she does  not like  fish farming,  even without  escaped                                                               
fish.   She  said there  are  myriad problems  with fish  farming                                                               
outside of  the economic [repercussions for  Alaska's fisheries].                                                               
Pollution  and destruction  of estuaries  were two  other reasons                                                               
she gave for not supporting fish farming.                                                                                       
                                                                                                                                
REPRESENTATIVE  DYSON  said the  danger  to  [Alaska] is  escaped                                                               
fish.   What [the British Columbians]  do to their own  waters is                                                               
"kind of their  business."  He said British Columbia  has its own                                                               
economic problems it is trying to  deal with.  He said, "We can't                                                               
tell them  'Don't compete with us.'"   He said [Alaska]  can tell                                                               
British Columbia to not "mess up our fish and our waters."                                                                      
                                                                                                                                
Number 1200                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCALZI  agreed with Representative  Dyson's point.                                                               
He said the state's concern should not be an economic one.                                                                      
                                                                                                                                
Number 1289                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA said  she appreciated  the point  of not                                                               
interfering with  other governments, but  said she did  not think                                                               
it wrong  to have  broader concerns about  the environment.   She                                                               
said  she would  go further  [than  the present  language in  the                                                               
bill].  She  said [the British Columbia  government] could assure                                                               
Alaskans by writing a letter [that more fish will not escape].                                                                  
                                                                                                                                
REPRESENTATIVE DYSON  pointed out  that he  did not  say ["assure                                                               
Alaskans"]; he said until "Alaskans are assured".                                                                               
                                                                                                                                
Number 1368                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA suggested  that  the  language at  least                                                               
state, "until Alaskans are assured that there is no escapement".                                                                
                                                                                                                                
Number 1438                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  moved  to  amend Amendment  3  to  say,                                                               
"until Alaskans are assured there  will be no negative impacts on                                                               
Alaskan waters or fishery resources".                                                                                           
                                                                                                                                
Number 1480                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  wondered if  that language "would  water it                                                               
down."   He  warned there  might be  dangers unapparent,  but the                                                               
only  real danger  he could  see was  escaped fish  surviving and                                                               
spawning  in [Alaska's]  streams.   He said  he was  not sure  if                                                               
Representative   Kerttula's  amendment   [to  Amendment   3]  was                                                               
stronger or not.                                                                                                                
                                                                                                                                
REPRESENTATIVE KERTTULA said she  thought it was stronger because                                                               
it says, "no negative impacts".                                                                                                 
                                                                                                                                
REPRESENTATIVE DYSON  made it known he  did not want to  hold the                                                               
bill up for that.                                                                                                               
                                                                                                                                
Number 1508                                                                                                                     
                                                                                                                                
MR. MECUM told  the committee the issue of  escapes was amplified                                                               
by a [British Columbia] auditor  general's report that proclaimed                                                               
escapes of  less than 5 percent  as acceptable.  He  posited that                                                               
as long as  [British Columbia] is willing to allow  some level of                                                               
escapes - that could be in  the order of hundreds of thousands of                                                               
fish - the department  has a problem with that.   That is why the                                                               
department is  supporting the resolution  to keep  the moratorium                                                               
from being  lifted.  He pointed  out that the ability  to show no                                                               
negative impact is a much tougher standard to document.                                                                         
                                                                                                                                
REPRESENTATIVE KERTTULA  relented, saying she would  be satisfied                                                               
with the original language.                                                                                                     
                                                                                                                                
Number 1607                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  mentioned he had read  somewhere that there                                                               
had  been  a  transmission  [of  disease]  to  chum  salmon  near                                                               
Vancouver Island.                                                                                                               
                                                                                                                                
MR.  MECUM  said  Atlantic  salmon  were  infected,  but  it  was                                                               
believed  to  be  from  sockeye  salmon.    He  said  [infectious                                                               
hematopoietic  necrosis virus]  was being  transferred from  wild                                                               
stocks to  [farmed] stocks.   He characterized this  as dangerous                                                               
because the  wild salmon swimming by  the net pens near  the Nass                                                               
and  Skeena Rivers  -  two  large sockeye  producers  - could  be                                                               
infected.   He also  said he was  concerned about  escaped farmed                                                               
salmon  with the  disease.   He  stated that  a  fish farm  could                                                               
become a "disease sink."                                                                                                        
                                                                                                                                
Number 1700                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  used colorful  metaphors to  illustrate the                                                               
initial tenor  of the language  in his  first draft.   He assured                                                               
the committee he had toned it down with the new version.                                                                        
                                                                                                                                
Number 1757                                                                                                                     
                                                                                                                                
CO-CHAIR STEVENS  asked Representative  Dyson whom he  was asking                                                               
to do what.                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON asked that page  2, line 20 become the first                                                               
"Resolved",   to  ask   that  British   Columbia  reinstate   the                                                               
moratorium.   He said that  the [U.S. Department of  State] would                                                               
be  asked  to  pay  attention  and  "hold  this  big  club"  when                                                               
negotiating over the  North American Free Trade  Agreement or the                                                               
Pacific Salmon  Treaty [with  Canada].   He said  he was  open to                                                               
better wording and amendments.                                                                                                  
                                                                                                                                
Number 1827                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCALZI restated  Amendment 3 and made  a motion to                                                               
make it be  the first "Resolved" of  the bill on page  2, line 15                                                               
as follows:                                                                                                                     
                                                                                                                                
     [BE  IT]   RESOLVED that  the Alaska  State Legislature                                                                  
     requests  the  reinstatement  of the  British  Columbia                                                                    
     moratorium  on  fish  farming  until  Alaskans  can  be                                                                    
     assured  that all  possible steps  have  been taken  to                                                                    
     preclude further  escapes of  farmed fish  from British                                                                    
     Columbia waters                                                                                                            
                                                                                                                                
There being no objection, [Amendment 3] was adopted.                                                                            
                                                                                                                                
Number 1969                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCALZI  [moved to  adopt Amendment  4] on  page 2,                                                               
line 12, to add language to read:                                                                                               
                                                                                                                                
     WHEREAS  Canada is  now entering  into finfish  farming                                                                  
     for halibut and sablefish                                                                                                  
                                                                                                                                
As part of  that amendment, the next "Whereas" clause  on line 13                                                               
would be changed to read:                                                                                                       
                                                                                                                                
     WHEREAS the  long-term health  of Alaska's  wild salmon                                                                  
     stocks, as well  as halibut and sablefish,  is of vital                                                                    
     economic and cultural importance                                                                                           
                                                                                                                                
REPRESENTATIVE SCALZI  said the reason  for the [Amendment  4] is                                                               
that there has  been $50 million allocated to  finfish farming of                                                               
halibut and  sablefish in  British Columbia.   He had  no problem                                                               
with its being done on land  [in tanks], but the Canadian program                                                               
would take place  in ocean pens.  He expressed  his concern about                                                               
the  same issues  for  halibut and  sablefish  as the  resolution                                                               
speaks of for  salmon.  The resolution would "just  add these two                                                               
species to the pot."                                                                                                            
                                                                                                                                
Number 2086                                                                                                                     
                                                                                                                                
CO-CHAIR WILSON  asked whether  there was  any objection.   There                                                               
being none, Amendment 4 was adopted.                                                                                            
                                                                                                                                
Number 2108                                                                                                                     
                                                                                                                                
SUE   ASPELUND,  Cordova   District   Fisherman  United   (CDFU),                                                               
testified via  teleconference.   She characterized  HJR 46  as an                                                               
excellent  resolution.    She  said  it  addresses  many  of  the                                                               
concerns that  Alaskans have about  fish farms being  adjacent to                                                               
Alaskan waters.   She called  it a piece  of good work  and urged                                                               
its passage.                                                                                                                    
                                                                                                                                
Number 2143                                                                                                                     
                                                                                                                                
AURA  LANDAU,  Southeast  Alaska  Conservation  Council  (SEACC),                                                               
testified  before  the  committee.   She  echoed  thanks  to  the                                                               
committee  for bringing  the resolution  forth.   She  reiterated                                                               
that wild  salmon are  the mainstay of  many families  in Alaska.                                                               
She characterized  salmon as the  "heart of the  rainforest" from                                                               
British Columbia  through Alaska.   She  said SEACC  supports the                                                               
legislation.                                                                                                                    
                                                                                                                                
Number 2201                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SCALZI moved  to report  CSHJR 46,  version 22LS-                                                               
1582\J,  Utermohle, 2/25/02,  as amended,  out of  committee with                                                               
individual  recommendations  and the  zero  fiscal  note.   There                                                               
being  no objection,  CSHJR 46(FSH)  was moved  out of  the House                                                               
Special Committee on Fisheries.                                                                                                 

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