Legislature(2019 - 2020)GRUENBERG 120

02/25/2020 11:00 AM House FISHERIES

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Audio Topic
11:17:22 AM Start
11:18:21 AM HB199
12:16:49 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed 15 Minutes --
-- Please Note Time Change --
+= HB 199 FISHERIES REHABILITATION PERMITS TELECONFERENCED
Moved CSHB 199(FSH) Out of Committee
-- Public Testimony <Time Limit 2 Minutes> --
+ Consideration of Governor's Appointees: TELECONFERENCED
- Board of Fisheries
- Fishermen's Fund Advisory & Appeals Council
-- Public Testimony <Time Limit 2 Minutes> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
            HB 199-FISHERIES REHABILITATION PERMITS                                                                         
                                                                                                                                
11:18:21 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES announced  that the only order of  business would be                                                               
HOUSE  BILL  NO. 199,  "An  Act  relating  to certain  fish;  and                                                               
establishing a fisheries rehabilitation permit."                                                                                
                                                                                                                                
11:18:55 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 11:18 a.m. to 11:19 a.m.                                                                     
                                                                                                                                
11:19:14 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES opened public testimony on HB 199.                                                                                 
                                                                                                                                
11:19:33 AM                                                                                                                   
                                                                                                                                
MILO  ADKINSON, PhD,  testified  in  opposition to  HB  199.   He                                                               
stated that he has a  doctorate in fisheries and approximately 30                                                               
years of research and teaching  on salmon biology and management.                                                               
He said  that when  salmon stocks  go through  a downturn  due to                                                               
poor  climatic   conditions,  a  very   effective  rehabilitation                                                               
strategy is to maintain their  habitat, maintain escapements, and                                                               
be patient.   He stated that this approach worked  in Bristol Bay                                                               
where he  is from; sockeye  salmon numbers went from  2.5 million                                                               
in the early  1970s, to routinely seeing 40 to  60 million a year                                                               
now.   He said that  when downturns last  for a long  time people                                                               
tend to  get frustrated and  want to  "make fish," which  he said                                                               
seems  like a  good idea  on the  surface but  the risks  to wild                                                               
stock  are  significant and  not  appreciated  by everyone.    He                                                               
expressed  that  Dan  Dunaway   had  sent  in  written  testimony                                                               
discussing  the  risks if  enhancement  is  done poorly,  but  he                                                               
wanted to  talk about  the risks  wild stocks  would face  if the                                                               
proposed enhancement program was done successfully.                                                                             
                                                                                                                                
DR. ADKINSON stated that salmon  are notorious for being adaptive                                                               
to the  habitat in  which they  are spawned.   As an  example, he                                                               
said  that in  Iliamna Lake  salmon  spawn in  big rivers,  small                                                               
rivers, cold  rivers, in the  lake, on  islands in the  lake, and                                                               
even in  ponds with  upwelling; these  salmon all  have different                                                               
genetics, morphologies, and spawning timing.   He remarked that a                                                               
fish  put into  one of  these  locations from  a different  stock                                                               
would not  do as well.   He expressed that mixing  stocks becomes                                                               
particularly troubling  in areas  like the Yukon,  Kuskokwim, and                                                               
Susitna  Rivers, because  all  the different  stocks  mix at  the                                                               
mouth  of a  river  where the  fisheries occur.    During a  poor                                                               
productivity  period,  when  wild   stocks  are  not  capable  of                                                               
sustaining  a harvest,  if the  enhanced stocks  are fished  wild                                                               
stocks  will be  harvested  as  well, which  will  hurt the  wild                                                               
stocks.    He   expressed  that  this  might   be  overlooked  as                                                               
escapement numbers for wild stocks  may be strengthened by strays                                                               
from enhanced stocks.                                                                                                           
                                                                                                                                
DR. ADKINSON  explained that rivers are  particularly problematic                                                               
locations  for  enhancement;  an   enhancement  project  must  be                                                               
carefully evaluated,  sub stock  structure must  be investigated,                                                               
and the mixture  of the fisheries must be  considered in addition                                                               
to many  other factors.  He  expressed that his assessment  of HB
199 is  that the  language of  the bill  does not  provide enough                                                               
time and resources  to the commissioner to  properly evaluate and                                                               
permit   proposed   projects.     He   added   that  he   noticed                                                               
Representative  Vance  would  be introducing  an  amendment,  and                                                               
other amendments would  be coming through.  He said  he thinks HB
199, at the minimum, needs  to be significantly modified to allow                                                               
for  more   careful  evaluation  of  projects   before  they  are                                                               
permitted.                                                                                                                      
                                                                                                                                
11:23:57 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TARR  remarked  that  she  thinks  the  amendment                                                               
Representative Vance  would be proposing would  address a concern                                                               
raised by Dr. Adkinson, as  it would eliminate default permitting                                                               
if  the commissioner  has not  acted on  it within  the specified                                                               
amount of  time; however, it  would not remove the  language that                                                               
specifies the 90-day time limit.   She asked whether Dr. Adkinson                                                               
might offer some insight based on  research into what would be an                                                               
appropriate timeline for an approval process.                                                                                   
                                                                                                                                
DR.  ADKINSON replied  that he  thinks speaking  with the  Alaska                                                               
Department  of Fish  & Game  (ADF&G)  commissioner would  provide                                                               
more insight  to staffing levels,  but his understanding  is that                                                               
ADF&G is short staffed and if  it needed to send someone into the                                                               
field to gather  more data on an application, then  90 days would                                                               
not be long enough.                                                                                                             
                                                                                                                                
REPRESENTATIVE  TARR  expressed  that  she  shared  some  of  Dr.                                                               
Adkinson's  concerns  regarding  fish  genetics and  one  of  the                                                               
explanations given previously to  address those concerns was page                                                               
4,  lines  8-10, of  HB  199,  "The  department shall  require  a                                                               
permittee under  this section  to collect  not more  than 500,000                                                               
eggs for  fertilization under  a single  permit."   She explained                                                               
that other people  had said that the proposed number  of eggs was                                                               
so  low  that  the  possibility for  negative  impacts  would  be                                                               
minimized.   She  asked Dr.  Adkinson whether  he could  speak to                                                               
that.                                                                                                                           
                                                                                                                                
DR.  ADKINSON answered  that the  larger  an enhancement  project                                                               
gets even small problems become  big problems.  He expressed that                                                               
it would  depend on the  situation, but  limits on the  number of                                                               
eggs would be helpful.                                                                                                          
                                                                                                                                
11:27:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN  noted  that  8 out  of  12  fisheries  in                                                               
Susitna have stocks of concern.   He asked whether there would be                                                               
a problem  with artificial enhancement in  situations where there                                                               
is not  a problem with  the habitat and a  plan was in  place for                                                               
"escapement from the escapement."   He expressed that if there is                                                               
an escapement  issue in a fishery,  the problem will show  up 3-7                                                               
years down  the road,  and he  asked why it  would be  a negative                                                               
thing  to have  a "management  tool in  your pocket"  to boost  a                                                               
fishery in specific years.                                                                                                      
                                                                                                                                
11:29:14 AM                                                                                                                   
                                                                                                                                
DR. ADKINSON replied  that the use of hatcheries  to restore fish                                                               
populations in deep trouble is  effective and common in the Lower                                                               
48.   He  expressed that  he gets  concerned when  hatcheries are                                                               
used to  maintain a robust  fishery.   He mentioned the  issue of                                                               
domestication  selection,   which  is   the  tendency   for  fish                                                               
characteristics to  adapt to be  more suited for a  hatchery than                                                               
for the  wild; like losing  predator avoidance,  surface feeding,                                                               
and  relaxation regarding  nesting sites  and habitat  selection.                                                               
He said  that the  conservation hatcheries he  has seen  have the                                                               
goal to  not have more than  10 percent of the  population on the                                                               
spawning ground  come from  a hatchery, which  is a  very careful                                                               
and modest level.                                                                                                               
                                                                                                                                
11:31:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN remarked  that it  was interesting  to him                                                               
that  fish  were  able  to  adapt to  the  environment  they  are                                                               
nurtured in through domestication  selection, as mentioned by Dr.                                                               
Adkinson.  He  spoke about "pulsing" with  fish stocks, regarding                                                               
escapement, and  asked Dr.  Adkinson whether  he could  shed some                                                               
light on the  effect of this on raw stock  and enhanced stocks in                                                               
a natural habitat.                                                                                                              
                                                                                                                                
DR. ADKINSON answered that the  ability to differentially harvest                                                               
the enhanced  stock is critical.   He  remarked that that  is why                                                               
there  is a  policy in  existing hatcheries  to situate  stock in                                                               
areas where there is minimum  interaction with wild stocks, which                                                               
gets very difficult in a  river system where stocks are naturally                                                               
mixed.                                                                                                                          
                                                                                                                                
11:33:16 AM                                                                                                                   
                                                                                                                                
EMILY  ANDERSON, Alaska  Program  Director,  Wild Salmon  Center,                                                               
testified  in  opposition  to  HB  199.    She  stated  that  she                                                               
appreciates the  bill sponsor's desire to  boost fish populations                                                               
in  areas where  numbers are  down; however,  she expressed  that                                                               
fishery enhancement,  in the  context proposed  under HB  199, is                                                               
simply not the way  to do it.  She remarked that  while it is not                                                               
perfect, the  current fish  enhancement and  hatchery development                                                               
policy seeks  to segregate wild  fish and hatchery fish  to avoid                                                               
interbreeding,  competition,  and  harvest  management  problems.                                                               
She stated  that although HB  199 would require  the commissioner                                                               
to  determine  that a  project  would  not harm  indigenous  fish                                                               
populations  when  issuing  a  permit,   there  would  not  be  a                                                               
requirement  to segregate  hatchery fish  from wild  fish stocks.                                                               
She expressed  that HB 199  does not contain  adequate safeguards                                                               
to protect wild stocks in her view.                                                                                             
                                                                                                                                
MS. ANDERSON  stated that  Alaska's policy up  to this  point has                                                               
avoided many of  the pitfalls that hatchery schemes  in the Lower                                                               
48  have  experienced.    She   explained  that  in  the  Pacific                                                               
Northwest  hatchery production  is  used to  enhance salmon  runs                                                               
which  have been  devastated by  habitat  destruction, dams,  and                                                               
overharvesting;  however,  rather  than  supporting  wild  salmon                                                               
recovery, a lot of those  hatchery schemes have only continued to                                                               
drive down  depleted salmon  stocks.  She  expressed that  HB 199                                                               
would depart  from Alaska's current  policy and sets up  a scheme                                                               
which mirrors  that taken  in hatcheries in  the Lower  48, which                                                               
she  thinks is  troubling.   She  said that  HB 199  specifically                                                               
targets weak stock fisheries, and  decades of scientific research                                                               
indicate  that fish  enhancement  projects that  seek to  restore                                                               
depleted stocks  only really  mask the problem  and make  it more                                                               
difficult to  recover wild stocks.   She expressed  that hatchery                                                               
enhancement projects that seek to  recover weak stocks may appear                                                               
to  be a  good  tool  for increasing  fish  numbers,  but over  a                                                               
relatively  short  period  of time  they  actually  decrease  the                                                               
productivity  of  those  salmon stocks,  thereby  decreasing  the                                                               
ability of  those wild  populations to  rebound.   She summarized                                                               
that to truly  protect weak stocks and help them  rebound, as Dr.                                                               
Adkinson  had  said,  efforts  need  to  be  focused  on  habitat                                                               
rehabilitation  and   the  temptation  to  fix   the  problem  by                                                               
increasing numbers through enhancement needs to be resisted.                                                                    
                                                                                                                                
11:35:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN  asked Ms. Anderson what  her thoughts were                                                               
on escapement  regarding the total  biomass and  focused efforts,                                                               
like an  enhancement program.   He asked  her why she  thinks the                                                               
current  hatchery  management  system   is  better  than  a  more                                                               
targeted system, like something proposed under HB 199.                                                                          
                                                                                                                                
MS. ANDERSON  answered that she  was referring  very specifically                                                               
to  the idea  in current  policy that  hatchery stocks  should be                                                               
segregated from wild  stocks as much as possible.   She expressed                                                               
that it is  not a perfect system, and from  her perspective as an                                                               
attorney, the law was originally  designed to prevent some of the                                                               
problems  that are  starting  to be  seen in  the  Lower 48  with                                                               
mixing of wild  and hatchery stocks.  She added  that most of the                                                               
interbreeding was focused  on targeting weak stocks.   She stated                                                               
that  when  increased  pressure  is   put  on  weak  stocks  with                                                               
enhancement  projects several  problems come  with it,  including                                                               
increased   predation,  interbreeding,   inbreeding,  and   other                                                               
problems which put pressure on these stocks from recovering.                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  commented that  he thinks  he understands,                                                               
and he  would see it as  being able to target  fisheries that are                                                               
really needed, as opposed to putting  fish in to compete with all                                                               
the fisheries in the ecosystem.                                                                                                 
                                                                                                                                
11:39:30 AM                                                                                                                   
                                                                                                                                
DUNCAN FIELDS testified in support of  HB 199.  He expressed that                                                               
he thinks the  previous testifiers who were in  opposition to the                                                               
proposed legislation  were confusing a  whole host of  issues and                                                               
were "painting with a broad  brush" regarding hatchery operations                                                               
in the Lower  48.  He said that  fisheries enhancement throughout                                                               
the  world  has  had  many   iterations  including  failures  and                                                               
successes.  He remarked that  the concept of the proposed program                                                               
was simple  and "like early  childhood education."  The  fish are                                                               
taken,  the  environment they  are  raised  in is  enhanced,  the                                                               
probability of  success is increased,  and the fish are  put back                                                               
in the  stream.  He expressed  that there is not  a genetic issue                                                               
involved, and much  of the testimony he heard  was like testimony                                                               
heard  relative to  Alaska's hatchery  programs in  general.   He                                                               
said that he thinks those  concerns and issues could be addressed                                                               
in the context of the larger  hatchery program but are not issues                                                               
associated with HB 199 as he understands it.                                                                                    
                                                                                                                                
11:41:18 AM                                                                                                                   
                                                                                                                                
SAM RABUNG,  Director, Division  of Commercial  Fisheries, Alaska                                                               
Department of  Fish & Game, stated  that it is important  to note                                                               
that HB 199  is related to restoration, which is  a defined term,                                                               
and  not  enhancement, which  is  something  else entirely.    He                                                               
explained  that  enhancement   involves  increasing  productivity                                                               
above  what the  natural environment  can produce  in perpetuity,                                                               
and if production  is stopped the numbers will drop  back down to                                                               
what they  were before.   Restoration involves taking  a depleted                                                               
stock and restoring  it to its natural level  of productivity and                                                               
then stopping  production and  the levels  become self-sustaining                                                               
moving  forward.   He  stated that  ADF&G  views restoration  and                                                               
enhancement very differently when issuing permits.                                                                              
                                                                                                                                
MR.  RABUNG expressed  that HB  199 would  authorize small  scale                                                               
restoration  work, which  is  short term,  and  there is  nothing                                                               
proposed under  HB 199  that ADF&G could  not permit  through its                                                               
current   permit  structures,   primarily  through   the  Aquatic                                                               
Resource Permit (ARP), which is  a research and education permit.                                                               
As an  example of how the  proposed programs would work,  he said                                                               
that many  streams in  the Norton  Sound and  Nome area  have had                                                               
salmon runs extirpated  because of placer mining,  and the Norton                                                               
Sound Economic Development Corporation  (NSEDC) has gone back in,                                                               
reconditioned the  gravel, taken  broodstock from the  main stem,                                                               
incubated the eggs,  and replanted the eggs  in the reconditioned                                                               
gravel in the  tributaries to restore runs on a  small scale.  He                                                               
expressed that this  effort has been successful  with Coho salmon                                                               
stocks in Nome.  He said  that another example was the Chickaloon                                                               
Tribe;  it has  done restoration  work in  Moose Creek  by taking                                                               
broodstock  from the  Matanuska River,  incubating the  eggs, and                                                               
putting them back  in the Moose Creek.  He  added that he doesn't                                                               
think those efforts have produced any  returns yet.  He said that                                                               
in  Kodiak the  Sun'aq Tribe  had  removed some  culverts at  the                                                               
Buskin  River drainage,  which were  preventing Coho  salmon from                                                               
reaching spawning  areas.   The culverts  were removed,  the area                                                               
was  reconditioned,  and  then  eggs  were  planted  from  Buskin                                                               
broodstock and now  the fish return to those areas  to spawn.  He                                                               
summarized that these were all "do  it and be done" projects, and                                                               
ADF&G effectively  views the  projects proposed  under HB  199 in                                                               
the same light.                                                                                                                 
                                                                                                                                
11:44:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN  asked whether  specific damaged  areas, be                                                               
it  from beaver  dams, man  made destruction,  or natural  causes                                                               
would be assisted or hurt  by enhancement or restoration projects                                                               
in specific tributaries.                                                                                                        
                                                                                                                                
MR. RABUNG  answered that he thinks  what is important is  that a                                                               
problem  be fixed  before restoration  work begins,  so that  the                                                               
project  works,  and salmon  fry  don't  have to  be  continually                                                               
released.  He  expressed that for a restoration  project to work,                                                               
the cause  of the  decline needs  to be  addressed; the  fish can                                                               
then   be  given   a  jumpstart   back   towards  their   natural                                                               
productivity, and then "get out of their way."                                                                                  
                                                                                                                                
REPRESENTATIVE  NEUMAN,  referencing   the  Alaska  State  Salmon                                                               
Management  Plan, asked  whether  part of  that  plan allows  Mr.                                                               
Rabung, as director, to address  fishery stocks in tributaries in                                                               
which it  is imminently apparent that  it will soon be  void of a                                                               
specific species of salmon.                                                                                                     
                                                                                                                                
MR. RABUNG  answered that he does  not think there is  a specific                                                               
plan  for anything  like that  specified in  any one  place.   He                                                               
remarked  that   there  are  salmon  fishery   enhancement  plans                                                               
throughout the state  on a regional level which  are developed by                                                               
regional planning teams  that could address those  things, but he                                                               
could not think of a specific example.                                                                                          
                                                                                                                                
REPRESENTATIVE  NEUMAN  commented  that  there  is  a  difference                                                               
between optimum and optimal in  a management plan; optimum is the                                                               
minimum amount of escapement, but  optimal is not clearly defined                                                               
and there is  not a clear plan  for what to do if  a tributary is                                                               
"going to go  down under."  He expressed that  he thinks it would                                                               
be practical to have a "tool  like this in our pocket," like that                                                               
proposed under HB 199.                                                                                                          
                                                                                                                                
MR. RABUNG replied that in that  regard ADF&G does have a plan in                                                               
place,   which   is   conservative  management;   fisheries   are                                                               
restricted  to bring  back  numbers which  is  different than  an                                                               
enhancement plan, which is what he was referring to earlier.                                                                    
                                                                                                                                
11:48:20 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR remarked that she  noticed the title from the                                                               
Sectional Analysis  for HB 199 referenced  "fisheries enhancement                                                               
permit",  and  HB  199  as  it  is  before  the  committee  says,                                                               
"fisheries rehabilitation permit".  She  said she had not noticed                                                               
much change in the language of  the bill aside from the number of                                                               
eggs allowed to  be collected and asked whether  Mr. Rabung could                                                               
speak to what prompted the title change.                                                                                        
                                                                                                                                
MR.  RABUNG  answered  that  he recalled  a  discussion  on  what                                                               
enhancement and  rehabilitation are,  and it was  determined that                                                               
rehabilitation is  a more accurate  term for what  the permitting                                                               
proposed  under HB  199  would allow;  therefore,  the title  was                                                               
changed at that  time.  He remarked  that Representative Talerico                                                               
may be able to speak more on this topic.                                                                                        
                                                                                                                                
REPRESENTATIVE  TARR  remarked  that   she  recalled  Mr.  Rabung                                                               
stating  earlier  that  any  of  the  permitting  that  would  be                                                               
possible  under the  proposed legislation  could already  be done                                                               
with existing permits,  and she asked Mr. Rabung why  it would be                                                               
better    to   specifically    have   the    proposed   fisheries                                                               
rehabilitation permit.                                                                                                          
                                                                                                                                
MR.  RABUNG replied  that there  are some  constraints on  who is                                                               
qualified to receive an Aquatic  Resource Permit; it requires the                                                               
applicant  to  be  a  government   entity  or  university,  which                                                               
excludes a lot of entities.                                                                                                     
                                                                                                                                
REPRESENTATIVE  TARR remarked  that it  seems to  her like  there                                                               
would be on-site evaluation work  in the permitting process which                                                               
would  require funding,  and it  seems like  the permitting  fees                                                               
might be  slightly low to cover  those costs.  She  asked whether                                                               
there was  a positive  way to  incorporate opportunities  to work                                                               
with organizations that  have the funding to  make these projects                                                               
happen, but also be mindful  of concerns that may exist regarding                                                               
the projects in order to strike a balance.                                                                                      
                                                                                                                                
MR. RABUNG replied that his  understanding is that as ADF&G looks                                                               
at  these projects,  most of  the legwork  would be  done by  the                                                               
applicants, since  ADF&G does  not have the  resources to  go out                                                               
and do the "boots-on-the-ground  prework" that would be required.                                                               
He  said that  ADF&G would  vet  the information,  but the  heavy                                                               
lifting  would  be required  of  the  applicant  as part  of  the                                                               
application process.  He remarked that  the fee would just be the                                                               
cost of  processing the permit, and  not the cost of  the prework                                                               
required to get to a review  and approval point in the permitting                                                               
process.                                                                                                                        
                                                                                                                                
11:52:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  remarked that  the $100  fee seems                                                               
rather low  to him.  He  added that he had  prepared an amendment                                                               
to  change  the  fee  from   $100  to  $1000,  which  was  chosen                                                               
arbitrarily, but he wanted to  touch base with the sponsor before                                                               
he  submitted it.   He  said  that it  seems  to him  like it  is                                                               
important for an  applicant to have "some sort  of financial skin                                                               
in the game," instead of  having permits "flying in willy-nilly."                                                               
He added that it seems  inconsistent with Alaska's current fiscal                                                               
position  for ADF&G  to be  taking  on more  work without  having                                                               
applicants "pay as they go," or a user fee.                                                                                     
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   remarked  that   Dr.  Adkinson's                                                               
written testimony [hard copy included  in committee packet] noted                                                               
that "local stakeholders have identified  a decline in the number                                                               
of the species of  fish," which seemed to be a  low standard.  He                                                               
remarked that  it seems subjective to  him as well and  asked Mr.                                                               
Rabung whether  he could  comment on his  perspective on  what an                                                               
appropriate standard should be.                                                                                                 
                                                                                                                                
MR. RABUNG replied  that it is a somewhat subjective  answer.  He                                                               
said   he  had   spent  quite   a  bit   of  time   working  with                                                               
representatives from  the Yukon  who are  very invested  in local                                                               
knowledge; the  feedback he had received  from those stakeholders                                                               
is that there is no one who  knows better than they do "what used                                                               
to be there  and what should be there."   He explained that these                                                               
stakeholders rely on their elders  to tell them which streams and                                                               
slews had fish but don't anymore.   He expressed that was one end                                                               
of the spectrum, and the other end  of the spectrum would be if a                                                               
known quantity  somewhere were extirpated  by some  activity, and                                                               
it could be restored as well.                                                                                                   
                                                                                                                                
MR.  RABUNG stated  that  his view  is that  this  language is  a                                                               
safeguard  for  locals  who  would  be affected  by  one  of  the                                                               
proposed projects, that someone is not  going to "come in and put                                                               
something in their backyard that they're not on board with."                                                                    
                                                                                                                                
MR. RABUNG  reiterated that the  permitting fee would  only cover                                                               
the cost of  the processing and not the cost  of the pre-research                                                               
that would  go into developing  the application.  He  stated that                                                               
he understands the desire to bring  in more revenue to ADF&G with                                                               
a higher  fee.   He explained  that under  AS 16.05.092  ADF&G is                                                               
required  to perform  specific functions  but does  not have  the                                                               
funding for  them.   He expressed  that the  proposed legislation                                                               
could be a vehicle for  partnering with willing entities who have                                                               
the resources to  restore some fishery runs that  ADF&G should be                                                               
able to restore, but for which it  does not have the funding.  He                                                               
referenced a  few areas with  extirpated runs that salmon  can no                                                               
longer reach which could be  restored, including:  The Matanuska-                                                               
Susitna  Valley,  the  Buskin  River,   and  Norton  Sound.    He                                                               
explained that someone with the  money could go into those areas,                                                               
recondition  the gravel,  and jumpstart  the runs  back to  those                                                               
areas from main  stems of local fish stocks.   He summarized that                                                               
these are  things ADF&G should  be able to  do but does  not have                                                               
the  funding for;  therefore, he  said  that he  is reluctant  to                                                               
discourage any  willing partners from doing  beneficial work, but                                                               
understands the need to protect the resource from misuse.                                                                       
                                                                                                                                
11:57:47 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 11:57 a.m. to 11:58 a.m.                                                                     
                                                                                                                                
11:58:39 AM                                                                                                                   
                                                                                                                                
MONTE  ROBERTS,  Fishing Guide,  expressed  that  he agreed  with                                                               
earlier testimonies  on both sides  of the  issue.  He  said that                                                               
his  biggest  concern  is,  "When  you  introduce  not  naturally                                                               
spawned fish,  a lot of bad  things can happen."   He stated that                                                               
he would  recommend caution when  determining what  constitutes a                                                               
fishery that needs  restoration and is not just over  fished.  He                                                               
summarized  that it  seems  possible that  areas  licensed to  be                                                               
restored  will  be regarded  with  less  concern, and  result  in                                                               
"fishing them to next to extinction."                                                                                           
                                                                                                                                
12:00:35 PM                                                                                                                   
                                                                                                                                
NANCY HILLSTRAND,  Seafood Processor, Pioneer  Alaskan Fisheries,                                                               
testified  in opposition  to HB  199.   She stated  that she  had                                                               
worked  previously as  a fish  culturist  for 21  years with  the                                                               
ADF&G's  Fisheries Rehabilitation,  Enhancement, and  Development                                                               
(FRED)  Division, and  had experience  with all  five species  of                                                               
salmon and two  species of trout.  She expressed  that she thinks                                                               
HB 199  would pose  a very real  risk to wild  stocks.   She said                                                               
that  in her  21 years  of experience  she has  seen mishaps  and                                                               
mishandlings  of small  wild salmon  broodstock.   She said  that                                                               
brood stock can  be mishandled, which leads to  genetic and other                                                               
problems.   She said that  ADF&G no  longer has a  FRED Division,                                                               
and  there isn't  really a  division that  can provide  oversight                                                               
like in the early 1970s, 1980s, and 1990s.                                                                                      
                                                                                                                                
MS.  HILLSTRAND  expressed  that  a program  devoted  to  natural                                                               
spawning  habitats and  the culvert  problem in  Alaska would  be                                                               
"farther ahead."   She said  she had emailed information,  to the                                                               
committee, that ADF&G  has on locations of  thousands of culverts                                                               
across Alaska that  are blocking natural production  of salmon up                                                               
into  streams.   She  said  that the  culvert  problem should  be                                                               
addressed  before   approving  HB   199.    She   referenced  the                                                               
productive  culvert restoration  in  Kodiak that  Mr. Rabung  had                                                               
mentioned previously  and noted that the  Matanuska-Susitna Basin                                                               
Salmon  Habitat  Partnership  has  worked  on  culverts  in  that                                                               
region, but  there are at least  70 to 100 more.   She summarized                                                               
that  she   would  appreciate  if  the   committee  reviewed  her                                                               
comments.                                                                                                                       
                                                                                                                                
12:02:49 PM                                                                                                                   
                                                                                                                                
SAM SNYDER,  PhD, testified in opposition  to HB 199.   He stated                                                               
that  he has  a  PhD in  environmental studies  with  a focus  on                                                               
fisheries  and  has  spent  a   good  bit  of  his  graduate  and                                                               
professional  career   studying  the  history  of   fisheries  in                                                               
America; he said he has published  extensively on the matter.  He                                                               
expressed  that he  did not  need  to repeat  the testimonies  of                                                               
people  like  Milo  Adkinson  and  Dan  Dunaway,  who  have  long                                                               
respected  and proven  track  records of  fisheries  work in  the                                                               
state.    He  said  that  when he  reads  legislation  like  that                                                               
proposed under  HB 199, he is  struck with a sense  of "d?j? vu,"                                                               
and not  in a  good way;  he said  he thinks  the clock  is being                                                               
turned back 120 or more years.                                                                                                  
                                                                                                                                
DR.  SNYDER  stated  that  at  the turn  of  the  1800s  hatchery                                                               
technology was  discovered and Americans took  matters into their                                                               
own  hands; they  set  up individual  hatchery  programs with  no                                                               
understanding of local ecosystems  and the impacts that spreading                                                               
fish could  have.  He said  that what started as  good intentions                                                               
to  restore fish  stocks, resulted  in  a widespread  self-driven                                                               
"bucket  brigade" putting  fish where  they  should not  be.   He                                                               
expressed  that these  efforts were  well-intended  but ended  up                                                               
putting   already  weakened   fisheries  further   at  risk   and                                                               
jeopardized other  aquatic ecosystems.   He said  that on  top of                                                               
development related impacts, "We have,  in a sense, been cleaning                                                               
up some of those messes around the country for 100-plus years."                                                                 
                                                                                                                                
DR. SNYDER  stated that Alaska  has a  proven track record  and a                                                               
progressive  careful approach  to hatchery  development in  state                                                               
waters, and he  asked:  "Why would we  jeopardize this trajectory                                                               
and good  work?"   He said  that Mr. Rabung  just noted  that the                                                               
current scheme  restricts who can  acquire permits  to government                                                               
and agency  actions, and  he expressed  that this  is the  way it                                                               
should be; allowing  just any individual to  establish a hatchery                                                               
would be counterintuitive to  any reasonable fisheries management                                                               
program.  He said that even  with good oversight, it would set up                                                               
a  slippery slope  that would  quickly slide  away from  science-                                                               
based management.   He  explained that HB  199 would  depart from                                                               
Alaska's current strong  policy and set up a  scheme that mirrors                                                               
failures  in  the  Pacific  Northwest  and  the  Lower  48.    He                                                               
expressed that mistakes  would be repeated, and this  needs to be                                                               
stopped.   He said that there  is plenty of experience  with fish                                                               
management  and  restoration  in  Alaska, and  the  focus  should                                                               
remain on  habitats, culverts, and  restoration projects,  not on                                                               
allowing individual Alaskans and  small private operations to set                                                               
up hatchery  programs at will,  with little oversight  and little                                                               
cost.  He  said this would cost  the state much more  in the long                                                               
run.  He summarized that this  is not the approach that should be                                                               
taken, and he  urged the House Special Committee  on Fisheries to                                                               
oppose HB 199 outright.                                                                                                         
                                                                                                                                
12:06:14 PM                                                                                                                   
                                                                                                                                
DAN DUNAWAY  testified in opposition to  HB 199.  He  stated that                                                               
he is retired  from ADF&G, where he worked as  the area biologist                                                               
for Bristol Bay  Sport Fisheries for approximately 22  years.  He                                                               
said that  he was  in a  class in Juneau  recently and  had heard                                                               
Representative Talerico extolling  the virtues of HB  199, but he                                                               
thinks  it is  a poor  idea.   He  expressed that  he thinks  the                                                               
proposed program is not really needed,  except for in some of the                                                               
locations mentioned by Mr. Rabung  previously.  He expressed that                                                               
the  potential for  disease,  disruption,  genetic dilution,  and                                                               
misuse are too high.  He  said that as noted by other testifiers,                                                               
ADF&G does  not have the staff,  funding, or time to  monitor the                                                               
proposed program,  and from his  experience in Bristol  Bay there                                                               
are far  too many people willing  to take matters into  their own                                                               
hands without an understanding on  the impacts of their projects.                                                               
He said that he thinks the  state should operate within the rules                                                               
and guidelines ADF&G  already has in place.  He  said that he was                                                               
unaware of  some of the  topics Mr.  Rabung had mentioned  and he                                                               
does think that  is an excellent approach; however,  he said that                                                               
he does  not think  that the  "hatchery box  idea" needs  to move                                                               
forward.                                                                                                                        
                                                                                                                                
12:07:49 PM                                                                                                                   
                                                                                                                                
CHAIR STUTES, after  ascertaining that there was no  one else who                                                               
wished to testify, closed public testimony on HB 199.                                                                           
                                                                                                                                
12:08:17 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  VANCE moved  to  adopt Amendment  1, labeled  31-                                                               
LS0169\M.2, Klein, 2/17/20, which read as follows:                                                                              
                                                                                                                                
     Page 4, lines 6 - 7:                                                                                                       
          Delete "If the commissioner fails to act within                                                                       
        that period, the application is approved and the                                                                        
     department shall issue a permit."                                                                                          
                                                                                                                                
     Page 4, following line 19:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(j)  The commissioner may modify, suspend, or                                                                        
     revoke  a permit  issued under  this  section for  good                                                                    
     cause.  If   a  permittee  violates  this   section,  a                                                                    
     regulation adopted  under this section, or  a condition                                                                    
     of   a   permit   issued  under   this   section,   the                                                                    
     commissioner may, after  providing the permittee notice                                                                    
     and a hearing, suspend or  revoke a permit issued under                                                                    
     this section."                                                                                                             
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
                                                                                                                                
12:08:23 PM                                                                                                                   
                                                                                                                                
CHAIR  STUTES  objected  to  the   motion,  for  the  purpose  of                                                               
discussion.                                                                                                                     
                                                                                                                                
12:08:41 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  VANCE  stated that  Amendment  1  would give  the                                                               
commissioner  of  ADF&G  more discretion  and  oversight  in  the                                                               
permitting process  and proposes  that, "If a  permittee violates                                                               
this  section, a  regulation  adopted under  this  section, or  a                                                               
condition   of  a   permit  issued   under   this  section,   the                                                               
commissioner  may, after  providing  the permittee  notice and  a                                                               
hearing, suspend or  revoke a permit issued  under this section."                                                               
She expressed that  she thinks Amendment 1 would  address many of                                                               
the  concerns   raised  in   public  testimony   regarding  ADF&G                                                               
oversight  on the  proposed permitting  process.   She summarized                                                               
that Amendment  1 would  give the  commissioner the  oversight to                                                               
ensure that  permits issued under the  proposed legislation would                                                               
be  in   line  with  what   ADF&G  is  already   doing  regarding                                                               
rehabilitation projects.                                                                                                        
                                                                                                                                
12:09:40 PM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 12:09 p.m. to 12:10 p.m.                                                                     
                                                                                                                                
12:10:10 PM                                                                                                                   
                                                                                                                                
CHAIR  STUTES  withdrew her  objection  to  the motion  to  adopt                                                               
Amendment 1.   There being no further objection,  Amendment 1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
12:10:57 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  VANCE   asked  Mr.  Rabung  whether   the  permit                                                               
application  fee  possibly  being   raised  would  inhibit  "good                                                               
prospects"  from   applying  for   permits  under   the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
12:11:31 PM                                                                                                                   
                                                                                                                                
MR. RABUNG  replied that he is  certain that there are  some good                                                               
prospects who might think otherwise,  but his perspective is that                                                               
prospects are  going to need  to have  the wherewithal to  do the                                                               
project from start to finish,  and setting the bar higher through                                                               
a  fee  to apply  would  probably  get  that  point across.    He                                                               
expressed  that  it might  provide  a  hardship for  well-meaning                                                               
people that would  not have the means, but ADF&G  would hope that                                                               
whoever  applies  for a  permit  under  the proposed  legislation                                                               
would have  the means to  follow through  during all stages  of a                                                               
project; therefore, that should not  be a barrier for someone who                                                               
has those resources.                                                                                                            
                                                                                                                                
REPRESENTATIVE  VANCE  asked Mr.  Rabung  to  clarify whether  he                                                               
thinks HB 199,  as amended, would create a  program considered to                                                               
be at-will  or low oversight  into rehabilitation, as far  as the                                                               
state's management is concerned.                                                                                                
                                                                                                                                
MR. RABUNG replied  that ADF&G is confident that  no permit would                                                               
go through  that it thinks could  do any harm; he  expressed that                                                               
"first do no harm" is the  ADF&G's mantra.  He explained that the                                                               
proposed  permits would  be scrutinized  under the  same rigorous                                                               
review  process  as  any other  permits  currently  processed  by                                                               
ADF&G.                                                                                                                          
                                                                                                                                
12:13:23 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR remarked that she  has some faith in ADF&G to                                                               
have  a high  level of  scrutiny in  the permitting  process, but                                                               
based on some  of the comments from testifiers there  might be an                                                               
opportunity   to   adjust   the  definition   of   the   proposed                                                               
legislation, to  narrow the  field of who  would qualify  for the                                                               
permit.  She expressed that it  looks like most of the letters of                                                               
support were  from tribal  interest groups, and  it seems  to her                                                               
that it  would be difficult  to consider not allowing  the people                                                               
who have lived on this land  for 10,000 years to be more involved                                                               
in fisheries  management.   She asked  whether language  could be                                                               
provided in the  proposed legislation to limit  the permitting to                                                               
tribal  and native  corporations, in  addition to  government and                                                               
universities,  and  whether  that  would alleviate  some  of  the                                                               
concerns for unqualified participants in  the program.  She asked                                                               
whether  ADF&G expects  any applicants  beyond the  tribal groups                                                               
who have already expressed interest in the proposed legislation.                                                                
                                                                                                                                
MR. RABUNG  replied that he thinks  this would be a  policy call,                                                               
and  ADF&G  would process  permits  for  any applicant  qualified                                                               
through the statute or regulations,  regardless of who he/she is.                                                               
He said that  if provisions were placed in the  statute that gave                                                               
specific guidance, ADF&G would adhere to those provisions.                                                                      
                                                                                                                                
12:15:31 PM                                                                                                                   
                                                                                                                                
CHAIR  STUTES remarked  that HB  199, as  amended, would  be more                                                               
thoroughly vetted  in its next  committee of referral,  the House                                                               
Resources Standing Committee.                                                                                                   
                                                                                                                                
12:15:57 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE moved  to report HB 199, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  199(FSH)  was                                                               
reported from the House Special Committee on Fisheries.                                                                         

Document Name Date/Time Subjects
HB199 Letter of Opposition- Adkison.pdf HFSH 2/25/2020 11:00:00 AM
HB 199
John Wood Board Application_Redacted.pdf HFSH 2/25/2020 11:00:00 AM
Marilyn Charles Board Application_Redacted.pdf HFSH 2/25/2020 11:00:00 AM
HB 199 Letter of Support Organized Village of Kasaan 2.6.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 v. M 1.21.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Sponsor Statement 02.11.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Letter of Support Alaska Village Initiatives 2.4.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Letter of Support Harris 2.4.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Letter of Support Shaan-Seet 2.4.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Fiscal Note ADF&G 2.7.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Sectional Analysis 2.11.20.pdf HFSH 2/13/2020 11:00:00 AM
HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Letter of Opposition Dunaway 2.24.20.pdf HFSH 2/25/2020 11:00:00 AM
HB 199
HB 199 Amendment #1 Rep. Vance.pdf HFSH 2/25/2020 11:00:00 AM
HB 199