Legislature(2011 - 2012)CAPITOL 120

02/15/2011 05:00 PM House FISHERIES


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05:04:05 PM Start
05:04:32 PM Overview(s): Sportfish Sector
05:58:33 PM HB60
06:54:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Industry Overview: Sport Fishermen TELECONFERENCED
- Presentation by Ricky Gease, Executive
Director, Kenai River Sportfishing Association
*+ HB 60 GEODUCK AQUATIC FARMING/SEED TRANSFER TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 60-GEODUCK AQUATIC FARMING/SEED TRANSFER                                                                       
                                                                                                                                
5:58:33 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON announced  that the final order  of business would                                                               
be  HOUSE  BILL  NO.  60,   "An  Act  relating  to  aquatic  farm                                                               
permitting  involving  geoducks  and to  geoduck  seed  transfers                                                               
between certified hatcheries and aquatic farms."                                                                                
                                                                                                                                
5:58:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PAUL    SEATON,   Alaska    State   Legislature,                                                               
established that  the premise of HB  60 is to prevent  the Alaska                                                               
Department of  Fish and Game  (ADF&G) from citing the  absence of                                                               
wild geoducks  as a basis to  deny a geoduck farming  permit.  He                                                               
then  provided a  three minute  video;  illustrating the  geoduck                                                               
species.                                                                                                                        
                                                                                                                                
6:02:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  said   HB   60   upholds  all   existing                                                               
mariculture  farming  conditions  regarding health,  safety,  and                                                               
transfer.   Additionally, the bill  permits sub tidal  farming in                                                               
areas north of  Alaska's southeastern region.   Sub tidal farming                                                               
will eliminate  the concerns for interfering  with existing uses,                                                               
such  as   subsistence,  sport  fisheries,  and   boat  landings.                                                               
Questions  have also  arisen  specifically  related to  shellfish                                                               
farming that  occurs in  Kachemak Bay,  however, as  a designated                                                               
critical  habitat  area,   restrictions  would  prohibit  geoduck                                                               
cultivation.    Another point  of  concern  has  to do  with  the                                                               
esthetic of an  area being used as a geoduck  farm; oyster farms,                                                               
for instance  require a myriad of  buoys.  He explained  that the                                                               
sub tidal geoduck farm is not  visible on the surface.  Thus, the                                                               
areas where  these farms are  developed will receive  an economic                                                               
benefit, with  no visual impact.   Further, because of  the water                                                               
temperature,  the geoduck  will not  spawn in  the cold  northern                                                               
waters,  which  will  be helpful  with  marketing,  producing  no                                                               
spawning  stage  bitter  taste,  as  well  as  dispel  introduced                                                               
species concerns.   Mature, native  geoduck will be  collected in                                                               
the  southeast region,  transported  to the  Seward hatchery  for                                                               
spawning  purposes,  and  reared   to  seed  in  preparation  for                                                               
introduction  to  a subtitle  bed  in  waters north  of  Yakutat.                                                               
Currently,  geoducks are  only allowed  to be  farmed where  they                                                               
naturally occur,  which generates concern for  management of wild                                                               
and  farmed stocks  in proximity  to  each other.   Locating  the                                                               
farms north  of Yakutat will  eliminate these concerns.   Genetic                                                               
contamination  has  been  discussed,  as  well  as  the  need  to                                                               
maintain stocks only  in larval drift zones where  the species is                                                               
indigenous.   However,  there will  not be  genetic contamination                                                               
given  the described  scenario.   He  provided specific,  salient                                                               
points  regarding this  species, to  wit:   the geoduck  industry                                                               
relies on  clean water; geoducks  dig down one  inch a year  to a                                                               
depth of three feet where they  reside to maturity; these are not                                                               
mobile animals; as filter feeders,  geoducks feed on plankton and                                                               
algae; no  reportable disease of transport  significance has been                                                               
found; a muddy/silt landscape is  the animals preferable habitat,                                                               
resulting  in minimal  disruption of  habitat for  other species;                                                               
and studies  indicate the  primary species  that shares  the same                                                               
habitat are  polychaetes, a segmented  worm whose  numbers appear                                                               
to increase  with the introduction  of geoducks.   Representative                                                               
Seaton reviewed the farming method  and said it's good for Native                                                               
communities as harvest  time is variable and  would not interfere                                                               
with other activities/industry of a  local coastal economy.  When                                                               
the geoduck  is marketed, the  farmer can expect to  receive $12-                                                               
$15  per  pound.    The   bill  retains  the  current  regulatory                                                               
protections  regarding  mariculture   farming,  and  testing  for                                                               
paralytic shellfish poisoning (PSP) is required.                                                                                
                                                                                                                                
6:11:24 PM                                                                                                                    
                                                                                                                                
CHAIR  THOMPSON  inquired  about  the  timeframe  for  rearing  a                                                               
marketable geoduck.                                                                                                             
                                                                                                                                
REPRESENTATIVE SEATON  responded five  to seven  years, depending                                                               
on the  water temperature; it  may be longer in  colder climates.                                                               
He elaborated  that, unlike oysters  which are reared  in hanging                                                               
bags requiring  pull-out three  times a  year to  perform various                                                               
cleaning tasks, geoducks seeds are  not disturbed until maturity.                                                               
To a follow-up question, he  stated his belief that geoducks will                                                               
not  reproduce   in  the  colder   climate,  but  it   would  not                                                               
necessarily be a negative impact should that occur.                                                                             
                                                                                                                                
6:14:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON inquired  why  geoducks are  not found  in                                                               
regions of the state outside of  southeast, and asked if there is                                                               
a possibility that a natural population would eventually occur.                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  suggested that ocean currents,  as well as                                                               
water temperature, appear to restrict  geoducks populations.  The                                                               
natural range is from Puget  Sound, through British Columbia, and                                                               
into the southern aspect of Southeast Alaska.                                                                                   
                                                                                                                                
6:15:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN commented  that HB  60 represents  good                                                               
economic development.                                                                                                           
                                                                                                                                
6:15:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  asked  whether  controversy  might  arise                                                               
regarding the  introduction of a non-native  species into various                                                               
areas of the state.                                                                                                             
                                                                                                                                
REPRESENTATIVE SEATON assured the  committee that introduction of                                                               
a  species is  of great  concern.   A thorough  investigation has                                                               
indicated that  this species  will not  prove to  be problematic;                                                               
the rearing substrate does not  conflict with other clam species,                                                               
and the  restriction for importing  geoduck seed from  outside of                                                               
state waters is not being overturned by HB 60.                                                                                  
                                                                                                                                
6:19:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN interjected that  ADF&G has opposed this                                                               
concept,  and  may continue  to  object,  based on  the  invasive                                                               
species concern.                                                                                                                
                                                                                                                                
6:20:00 PM                                                                                                                    
                                                                                                                                
SUE ASPELUND, Acting Director,  Division of Commercial Fisheries,                                                               
stated that  the division  is neutral  on HB  60, and  noted that                                                               
precautionary  policies are  in place.   Although  the department                                                               
has limited  knowledge regarding  this species,  she said  due to                                                               
the  lack   of  wild  stocks   and  the  minimal   likelihood  of                                                               
reproduction,  the   passage  of  HB   60  appears  to   pose  no                                                               
significant risks.                                                                                                              
                                                                                                                                
CHAIR  THOMPSON  commented  that   the  possibility  of  geoducks                                                               
becoming an invasive species is perhaps the biggest concern.                                                                    
                                                                                                                                
6:21:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  what scientific  background would                                                               
be  required in  the permitting  process, particularly  regarding                                                               
the invasive species aspect.                                                                                                    
                                                                                                                                
MS.  ASPELUND replied  that there  is an  existing process  model                                                               
that  would  be used,  and  deferred  comment on  the  particular                                                               
details.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KAWASAKI  cited  how  various,  costly,  invasive                                                               
species  situations  have  occurred, even  when  assurances  were                                                               
given that it would be an  impossibility.  He said that, although                                                               
reproduction  is not  expected  to occur,  he maintains  concerns                                                               
that introducing a species  could present unforeseeable problems.                                                               
Noting the speaker's previous statement that ADF&G lacks in-                                                                    
depth  science/research to  answer questions  surrounding geoduck                                                               
introduction, he  said asked for  further comment  on introducing                                                               
this possibly invasive species.                                                                                                 
                                                                                                                                
MS. ASPELUND  offered the theory  that, due to  an unidentifiable                                                               
reason,  there  is  an ecological  block  keeping  geoducks  from                                                               
naturalizing in the  Southcentral Gulf of Alaska.   She indicated                                                               
that  a  research  project  was  begun,  but  not  completed,  in                                                               
Washington   State,  and   maintained   that   the  division   is                                                               
comfortable that geoduck will not represent an invasive species.                                                                
                                                                                                                                
6:25:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI began to  ask a question, acquainting the                                                               
placement  of  Wood  bison,  in  the  Fairbanks  area,  with  the                                                               
introduction of  geoducks on the Seward  Peninsula, but retracted                                                               
the question stating that perhaps  it would be better directed to                                                               
the Department of Law (DOL).                                                                                                    
                                                                                                                                
6:26:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN raised  the  possibility that  geoducks                                                               
haven't always been resident to Southeast Alaska.                                                                               
                                                                                                                                
MS. ASPELUND concurred with the  possibility, and pointed out how                                                               
climatic changes have  allowed pink salmon runs to  expand to the                                                               
North Slope.   She said  further geoduck history can  be provided                                                               
to the committee.                                                                                                               
                                                                                                                                
REPRESENTATIVE AUSTERMAN stated his  assumption that geoducks did                                                               
migrate to  Alaska, and  thus doesn't believe  it will  become an                                                               
invasive species.                                                                                                               
                                                                                                                                
6:27:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN asked whether  there have been issues in                                                               
Southeast Alaska regarding the presence of geoduck.                                                                             
                                                                                                                                
MS. ASPELUND said none has been reported.                                                                                       
                                                                                                                                
6:28:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT presented  a  theoretical  scenario of  an                                                               
area,  introduced with  geoduck,  and then  becoming a  protected                                                               
area, to ask  how this type of situation would  be handled; would                                                               
the  removal of  geoduck be  required,  at what  cost, and  would                                                               
other measures be required.                                                                                                     
                                                                                                                                
MS. ASPELUND deferred.                                                                                                          
                                                                                                                                
6:30:33 PM                                                                                                                    
                                                                                                                                
JEFF HETRICK,  Director, Alutiq Pride Shellfish  Hatchery, stated                                                               
support  for  HB   60,  and  indicated  that   this  provides  an                                                               
opportunity  for the  hatchery to  expand the  customer base  and                                                               
allow alternative  revenue streams; rearing geoduck  seed will be                                                               
lucrative.   How geoducks will  behave in Southcentral  waters is                                                               
not known, but he stated his belief  that they will prove to be a                                                               
species that can  be grown, won't reproduce, and will  be easy to                                                               
manage.                                                                                                                         
                                                                                                                                
6:32:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN recalled  that the  hatchery warms  the                                                               
sea water to encourage the geoducks to spawn and hatch.                                                                         
                                                                                                                                
MR. HETRICK said it's necessary  to maintain a higher temperature                                                               
for prolonged periods.   He opined that it is  not plausible that                                                               
the  bottom  temperatures,  of  the  Southcentral  waters,  could                                                               
stimulate natural reproduction of geoduck.                                                                                      
                                                                                                                                
6:34:02 PM                                                                                                                    
                                                                                                                                
RODGER    PAINTER,   President,    Alaskan   Shellfish    Growers                                                               
Association, stated  support for HB  60, noting that this  is the                                                               
third  time this  legislation has  been brought  forward and  the                                                               
reasons  for not  passing it  remain  nebulous.   He agreed  with                                                               
Representative  Austerman's statement  that geoducks  migrated to                                                               
Southeast  Alaska,  and  cited the  fluctuation  in  the  various                                                               
Alaskan   fisheries  to   illustrate   how   dynamic  the   ocean                                                               
environment  has been  in recent  decades.   The currents  of the                                                               
Gulf of Alaska  (GOF) could be the reason that  geoducks have not                                                               
populated  Southcentral.   He  pointed  out  that Prince  William                                                               
Sound once  supported an abundance  of razor clams; prior  to the                                                               
1964 earthquake.   Following  the tremors,  the razor  clams were                                                               
wiped out and he suggested it  would be good to reintroduce clams                                                               
to the substrate that still exists.                                                                                             
                                                                                                                                
6:38:47 PM                                                                                                                    
                                                                                                                                
WILLARD DUNNAM, Mayor, City of  Seward, stated support for HB 60,                                                               
indicating that  it may provide  stabilization for  the hatchery,                                                               
which has struggled  through ups and downs.  He  reported that he                                                               
has dug horse clams, referred to  today as geoducks, in two areas                                                               
of Resurrection Bay, out of Seward,  in the 1940s and 1950s.  The                                                               
earthquake affected many changes in  the clam populations and the                                                               
shrimp,  which  at  one  time  supported  five  canneries  around                                                               
Seward.   He said  he views  the geoduck industry  as a  plus for                                                               
Alaska, and he urged passage of HB 60, without further holdup.                                                                  
                                                                                                                                
6:43:14 PM                                                                                                                    
                                                                                                                                
PAUL  FUHS stated  support for  HB  60, reported  that the  first                                                               
harvest of farmed geoducks in  Southeast has occurred, and passed                                                               
around  market  sized  clams;  one  and one  half  to  two  pound                                                               
animals.   He reviewed  the complete process:   purchase  of seed                                                               
from the  Seward hatchery; air  shipment to Southeast;  hiring of                                                               
commercial divers  to plant  and harvest;  contract with  boat to                                                               
support  divers; and  finally delivery  of product  to the  local                                                               
processing plant - in this  case, the Ketchikan Trident facility.                                                               
The clamming activity  allows Trident to keep  workers for longer                                                               
periods of the year.   Following processing, the product is flown                                                               
to  Anchorage for  packaging, and  then  sent to  the markets  of                                                               
China and  Japan.  He  reported that,  thus far, the  company has                                                               
planted about 250,000  seed, but next year that  will be doubled;                                                               
perhaps as  many as  one million  will be  planted.   The farming                                                               
situation  seems similar  to  oysters, and  should  not pose  any                                                               
problems.                                                                                                                       
                                                                                                                                
6:46:23 PM                                                                                                                    
                                                                                                                                
DAVID OTTNESS  stated support  for HB  60, and  said he  has been                                                               
involved in the shellfish industry on  a number of occasions.  He                                                               
applauded  the   efforts  of  the   sponsor  for   bringing  this                                                               
opportunity  to Alaska.   Geoduck  production  represents a  good                                                               
food source to  have close at hand, as well  as providing coastal                                                               
communities economic diversity.                                                                                                 
                                                                                                                                
CHAIR THOMPSON closed public testimony.                                                                                         
                                                                                                                                
6:49:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN stated support for passage of the bill.                                                                
                                                                                                                                
6:49:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  expressed concerns  that science  is not                                                               
available to back up introduction  of this species.  The proposed                                                               
legislation states  that the commissioner  can't use  the absence                                                               
of geoduck stock as a  reason for disallowing the introduction of                                                               
seed, and, recalling that a  previous version used the term "sole                                                               
reason," asked the sponsor to comment.                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON   opined  that  the  reference   could  be                                                               
considered insignificant,  and pointed  out that  five permitting                                                               
requirements/conditions remain in the bill.                                                                                     
                                                                                                                                
6:51:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  noted  the comment  that  the  proposed                                                               
farmer  hatchery may  not significantly  affect the  fishery, and                                                               
there's  appropriate science  to back  up  it up,  and asked  for                                                               
elaboration.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON explained  that the  substrate inhabitants                                                               
and  associated species  of Southeast  are similar,  to those  of                                                               
Southcentral.   It  is difficult  to determine  why with  similar                                                               
habitats, geoducks  would somehow  become invasive in  one region                                                               
and not the  other.  Geoducks appear in concert  with the species                                                               
mix  of  Southeast   and  it  is  fully   expected  that  similar                                                               
cohabitation  will occur  further  north.   Neither will  geoduck                                                               
become competitors with other clam  species, which reside on high                                                               
energy  beaches  in  alternative  habitat.    There  is  no  real                                                               
indication that this animal will become invasive, he finished.                                                                  
                                                                                                                                
6:53:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN moved to  report HB 60, 27-LS0318\A, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying two  zero fiscal notes.   There being  no objection,                                                               
it was so ordered.