Legislature(1999 - 2000)
03/20/2000 03:10 PM Senate RES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 212-FISH & GAME GRANTS
CHAIRMAN HALFORD announced SB 212 to be up for consideration.
MR. KEN TAYLOR, Director, Habitat and Restoration Division, Alaska
Department of Fish and Game (ADF&G), said he appreciated working
with the committee to narrow the scope of this bill so that it does
not deal with general funds, Fish and Game funds, or federal aid
funds, but simply with federal receipts. This bill is necessary
because the Habitat Division has been involved in restoration
activities for some time. In 1994, the legislature passed SB 183,
which provided some criminal settlement funds from EVOS, of which a
large portion went toward restoration activities on the Kenai
River. That program has been very popular with the public and with
the fishing community.
Unfortunately, the way that system works, because ADF&G didn't have
granting authority, it had to enter into a cooperative agreement
with the U.S. Fish and Wildlife Service (USFWS). The division
transfers the money to USFWS, it takes an 11 percent cut, then
makes the grants and does a little bit of the paper work to the
individual land owners on the Kenai. ADF&G works with the USFWS
but it ends up getting most of the credit for this work, thus
elevating its stature in the public's eye.
This system is administratively inefficient. ADF&G feels it would
service the public much better if the grants went directly from the
State to the private land owners where restoration activities are
necessary. There are a fair number of federal funds available for
this kind of work that ADF&G frequently gets receipt authority for.
SB 212 would facilitate that process. ADF&G has long-term plans to
do restoration work throughout a good part of Southcentral Alaska
and some work will be done on the Chatanika over the next year.
Some work will be done in Southeast, as well. In essence, that's
the purpose of this bill. This bill may benefit some of the other
divisions, although he didn't know much about granting in
commercial fisheries or sport fish or wildlife. The director of
the Wildlife Division thinks this bill would benefit that division
as well.
SENATOR TAYLOR said this version still seems very broad to him. It
basically says the Commissioner may award grants from federal funds
and just restricts the specific funding mechanisms that come from
tax receipts. He asked what program these funds are coming from
and whether this is being set up so that ADF&G can take advantage
of S 25 or H 701 by Don Young.
MR. TAYLOR answered no. Those bills will require major changes to
state legislation as well. Currently, AS 16.05.300 (d) restricts
the use of federal aid funds to programs that only directly benefit
hunters, trappers, and sport fishermen. If the Conservation
Reinvestment Act passes, which is principally for non-hunted
species, there will have to be some changes made to the fish and
game fund in statute. SB 212 is simply for federal funds that are
available through the Environmental Protection Agency (EPA),
through the Governor's request in the federal budget and, he
believes that in this fiscal year the Governor received money for
salmon restoration - a statewide pot - as a result of the Treaty
negotiations. Some of the money comes from the National Marine
Fisheries Service (NMFS), EPA, and the USFWS.
CHAIRMAN HALFORD said that money is subject to appropriation and
would still have to go through the appropriation process. Other
departments have granting authority, but if you want to do a fish
and game grant, you have to do it through another agency. SB 212
would allow grants directly through ADF&G; it still has to be
appropriated by this legislature for the purpose of that grant to
whoever it's supposed to go to.
MR. TAYLOR said that is correct.
SENATOR MACKIE asked if that was a result of the narrowing of the
bill.
CHAIRMAN HALFORD said that's in the Alaska Constitution. He asked
to whom the grants would be made.
MR. TAYLOR responded that currently, he understands that ADF&G can
make grants to any recognized governmental entity, such as a
municipality or first, second, or third class cities. ADF&G can
also make grants to nonprofits or to private individuals. The
grants ADF&G has funneled through the USFWS have been primarily to
private land owners that own land adjacent to the Kenai River. If
SB 212 passes and ADF&G receives the federal funds, it would expand
the program it has on the Kenai to places like Chester Creek, Ship
Creek, Cottonwood Creek, Wasilla, and other water bodies in need of
restoration.
SENATOR TAYLOR asked if ADF&G plans to do restoration work on the
Chatanika near Fairbanks.
MR. TAYLOR answered through the Yukon Treaty negotiations, the
Yukon River Board receives federal funds from Congress for its
activities. Money was put in the federal FY 00 budget to deal with
some of the dams and impoundments built years and years ago that
blocked off a lot of salmon spawning areas. ADF&G also received
$200,000 in the federal budget this year for that. He didn't know
if that would given as grants or whether ADF&G would go through the
contract procurement code process to deal with that.
Number 478
CHAIRMAN HALFORD asked what ADF&G would think about including
language that says, "The Commissioner may, with the concurrence of
the respective Boards of Fisheries and Game, make grants from
federal funds other than ...." He thought that might create a
balanced approach to enhancing some resources in return for the
protection of other resources.
MR. TAYLOR answered that during the course of the year, it takes a
while to figure out which projects are going to occur and which
aren't. There were over 160 different projects on Kenai River
alone. He didn't think ADF&G would mind some Board oversight in
this matter but the question is how to do it most efficiently and
effectively.
CHAIRMAN HALFORD noted the Board could give ADF&G a general
concurrence or a specific concurrence.
SENATOR MACKIE asked if the Commissioner of ADF&G would put
together a grant proposal, i.e., for a fisheries habitat project on
the Kenai, and submit it to the Board of Fisheries for approval.
If the Board blessed it, it would then go in the budget and the
legislature would have to approve it.
SENATOR HALFORD said yes, it would just get them back on the same
sheet of music.
MR. TAYLOR said he thought that would work. He pointed out that
tomorrow the Board of Fisheries would take up its sustainable
fisheries policy and the first criteria in that policy is habitat
related.
Number 223
SENATOR GREEN asked if there could be a timing problem in getting
the concurrence for the project and whether it would delay anything
by 12 months.
MR. TAYLOR said it would depend on the approach that the Board
took. ADF&G plans its budget in September and it doesn't take
effect until July. The legislature approves it sometime between
January and May. Board meetings occur over that time and ADF&G
could give the Board its general approach.
SENATOR TAYLOR asked if he had done any assessments to indicate
whether any of the habitat enhancement projects done on the Kenai
have had an effect.
MR. TAYLOR answered that studies are on-going right now, but people
doing visual observations of stream banks that have been restored
have observed an increase in the number of salmon fry, especially
king salmon, so it appears to have been very successful.
SENATOR TAYLOR asked if ADF&G thought about putting some large
woody debris in that river. He said it is interesting that pooling
is taken for granted in Southeast and yet he has never seen it done
on the Kenai.
MR. TAYLOR said ADF&G looked at doing that to rivers but not
particularly on the Kenai. Large woody debris is being studied
intensively in Washington State for some of the salmon restoration
projects. He noted the Kenai River has some deep pockets of water,
unlike the rivers in Washington. Large woody debris is a science
in itself and biologists are finding there is a fair amount of
difference in its importance to certain environments. Right now,
ADF&G is looking at whether it is important at all on the Tanana
River.
TAPE 00-12, SIDE A
Number 001
CHAIRMAN HALFORD suggested amending line 6 by adding, "With the
concurrence of the respective Board of Fisheries or Game," before
the words, "the Commissioner may." There being no objection to
adopting the amendment, Chairman Halford noted it was so ordered.
SENATOR TAYLOR moved to adopt the CS. There were no objections and
it was so ordered.
SENATOR TAYLOR moved to pass CSSB 212(RES) from committee with
individual recommendations. There were no objections and it was so
ordered.
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