Legislature(2001 - 2002)
04/29/2002 04:00 PM Senate RES
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* first hearing in first committee of referral
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CSHB 508(RLS)-DIVE FISHERY ASSOCIATIONS/PSP REPORTS
CHAIRMAN TORGERSON announced CSHB 508(RLS) to be up for
consideration.
REPRESENTATIVE DREW SCALZI presented CSHB 508(RLS) on behalf of
the House Resources Committee and said CSHB 508(RLS) is a very
simple bill. The regional dive fishery is looking for better ways
to get information out about areas with paralytic shellfish
poisoning (PSP). Currently, DEC faxes the test results back to
the applicant. The bill, through the intent language, asks DEC to
post those hot spots on a website that is accessible to
interested parties. It also asks, in section 2, that when ADF&G
develops an annual operating plan for the regional dive
fisheries, which it does every year, that DEC be included upfront
in the planning process. Currently, DEC comes in after the fact,
which is cumbersome, especially if it shoots down or restricts a
plan.
SENATOR TAYLOR asked why legislative intent is being used to
address this problem. He pointed out, "We could send them a
letter which would do the same thing. This is unenforceable."
REPRESENTATIVE SCALZI said DEC could speak to that, but he
explained the initial draft placed that provision in section 1,
and not under intent language. However, DEC wanted more latitude
to develop the web page. DEC's concern is that if information is
put on the web page in the wrong manner, the general public might
be unduly alarmed about a red tide. DEC wants the ability to
structure the website so that the people who need that
information can access it through a series of steps.
SENATOR TAYLOR said his concern is broadcasting information that
could be very damaging to proprietary operations, for example for
a shellfish grower here in Juneau.
REPRESENTATIVE SCALZI said that is why the intent language gives
DEC the latitude to develop the site. The information would still
be public, but DEC could design it so that it is more geared
toward the people who are interested, rather than provide
information that could be misleading.
MS. MARY SIROKY, legislative liaison to DEC, said DEC's goal is
to provide this information through some sort of log-in key for
use mainly by producers. Producers want rapid access to the
information and prefer using a secure way through the internet,
as opposed to relying on faxes and phones. DEC would provide the
producers with a log-in key that would not be available to the
general public.
REPRESENTATIVE SCALZI said the reason is kind of the opposite of
the problem. When a beach is known to be clean, the shell
fishermen need every opportunity to harvest the product and get
the product to market as rapidly as they can. They feel that
sharing the information would improve that ability.
SENATOR TAYLOR said he is concerned that Representative Scalzi
keeps saying this is public information. He asked if he sent
clams to DEC for testing, whether the results would become public
information.
MS. SIROKY said very little information is not available to the
public under the state's Freedom of Information Act, so should
someone request the results, DEC would be required to provide
that information.
SENATOR TAYLOR asked, regarding section 2, if state law has to be
changed to have DEC participate in the development of the annual
operating plan.
REPRESENTATIVE SCALZI replied yes.
MS. JULIE DECKER, Executive Director, Southeast Alaska Regional
Dive Fishery Association, said PSP results are faxed to a list of
Alaska shippers who have paid for the test. DEC tries to provide
the results as soon as possible after they are known. She said a
DEC website would provide a much more efficient process for the
DEC lab. This bill will make DEC's job easier as it will receive
fewer phones calls from divers. The bill will also eliminate the
problem of who is allowed to see the PSP results by removing DEC
completely that issue. In addition, this idea fits the vision of
a more developed shellfish industry. It is possible the rest of
the shellfish industry may follow in these footsteps if this
proves to be a successful way to distribute information. The site
will also be useful for data collection and planning purposes.
The following is a letter she submitted to the committee in
support of HB 508:
On behalf of SARDFA, the Southeast Alaska Regional Dive
Fisheries Association, I would like to express support
for House Bill 508.
HB 508 will do two things: 1:establish a state web site
where all paralytic shellfish poisoning (PSP) results
for geoducks will be posted and 2) include the
Department of Environmental Conservation (DEC) in the
planning stages of the dive fisheries each year.
It is necessary to establish a state web site where all
geoduck PSP results will be posted for three reasons.
First, the web site will allow the DEC lab personnel to
be more efficient. Second, it will eliminate DEC from
the role of deciding who is allowed to receive PSP
results (e.g. only allowing those who paid for tests to
see the results). Third, as both the harvested and
farmed shellfish industries grow, the web site will be
a public place to access PSP results for entire
geographical areas. This will allow the geoduck fishery
to be planned by both harvesters and shippers, will
allow potential from sites to be chosen while taking
historical PSP levels into account and will allow the
DEC regulator to see if PSP bloom are occurring in a
given geographical areas.
Because SARDFA felt posting PSP results on the web was
so necessary with respect to the geoduck fishery,
SARDFA began posting the results this year on its new
web site. You can view SARDFA's simplistic postings at
www.sardfa.org and click on "PSP Results".
Including DEC in the planning stages of the dive
fisheries each year is necessary to coordinate
information and scheduling between the groups involved
(DEC, ADF&G and SARDFA). Currently the geoduck fishery
and possibly the horse clam fishery in the future,
requires coordination of area boundaries, water
sampling stations and PSP planning related to old and
new fishing areas in order to schedule the work
necessary to open the fishery. Much of the work must be
done during the summer months when weather and daylight
permit.
HB 508 is another step toward creating a more efficient
and improved working structure between state agencies
and private entities. Thank you for your consideration
of this bill.
SENATOR HALFORD moved to pass CSHB 508(RLS) from committee with
individual recommendations and the accompanying fiscal note.
There were no objections and it was so ordered.
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