Legislature(2009 - 2010)BUTROVICH 205

04/08/2010 03:30 PM Senate RESOURCES


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Audio Topic
03:35:00 PM Start
03:35:18 PM Overview from Conoco Philips
04:02:25 PM HB210
04:33:07 PM HJR40
04:45:27 PM HJR26
04:49:20 PM HCR10
04:58:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview from ConocoPhilips TELECONFERENCED
+ HB 210 IZEMBEK STATE GAME REFUGE LAND EXCHANGE TELECONFERENCED
Heard & Held
+= HCR 10 OPPOSE FED. CONTROL OF STATE LAND & WATER TELECONFERENCED
Heard & Held
+ HJR 26 STATEHOOD/ANCSA LAND SURVEY FUNDING TELECONFERENCED
Heard & Held
+ HJR 40 COOK INLET/KACHEMAK BELUGA POPULATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HJR 40-COOK INLET/KACHEMAK BELUGA POPULATION                                                                      
                                                                                                                                
4:33:07 PM                                                                                                                    
CO-CHAIR MCGUIRE brought the meeting  back to order and announced                                                               
consideration   of  HJR   40  [CSHJR   40(RES)  was   before  the                                                               
committee].                                                                                                                     
                                                                                                                                
REPRESENTATIVE MILLETT,  sponsor of HJR 40,  said this resolution                                                               
opposes  the   proposed  designation   by  the   National  Marine                                                               
Fisheries  Service (NMFS)  of 3,000  square miles  of upper  Cook                                                               
Inlet as  a critical Beluga  habitat area. She said  the critical                                                               
habitat designation is  part of the Endangered  Species Act (ESA)                                                               
process, and  the Belugas were  designated as  endangered species                                                               
in  October  2008.  The ESA  requires  consideration  of  listing                                                               
endangered  species   habitat  as  critical  habitat.   The  NMFS                                                               
designated the  whole 3,000  square miles  from Upper  Cook Inlet                                                               
all the way  down to Homer as Beluga habitat,  and HJR 40 opposes                                                               
that as being excessive.                                                                                                        
                                                                                                                                
REPRESENTATIVE  MILLETT   explained  that  the  ESA   allows  for                                                               
economic  consequences   in  considering  the   critical  habitat                                                               
listing and she believes the  NMFS grossly underestimated that at                                                               
$600,000.  Instead she  said  this  critical habitat  designation                                                               
would encompass everything from the  Port of Anchorage to fishing                                                               
grounds outside  of Homer  and Kenai to  oil and  gas exploration                                                               
and any type  of construction or resource  development that would                                                               
take place across the Inlet,  which would jeopardize not only Mt.                                                               
Spurr, but Chakachamna/Susitna and coal gasification projects.                                                                  
                                                                                                                                
She  learned that  the  west side  of Cook  Inlet  was listed  as                                                               
critical  habitat and  there  had  been only  one  sighting of  a                                                               
Beluga whale  there in the  last 10  years. Also, she  said, NMFS                                                               
only  counts them  once a  year by  doing an  aerial flight,  and                                                               
juvenile Belugas  aren't counted  because they  are the  color of                                                               
mud and look like waves.                                                                                                        
                                                                                                                                
REPRESENTATIVE  MILLETT said  this  listing  would also  severely                                                               
limit the  products that can come  into Anchorage as well  as oil                                                               
and  gas  exploration  in  Cook  Inlet.  All  three  of  Alaska's                                                               
delegation  oppose  this designation  and  that  she entered  the                                                               
resolution during the NMFS public comment period.                                                                               
                                                                                                                                
She said  back in  the 1990s  a subsistence  hunt took  place not                                                               
realizing there  was a delicate  balance between  the subsistence                                                               
harvest and the  Beluga population. In 1998  a harvest management                                                               
plan was  established and  since then the  Belugas have  shown an                                                               
increase in numbers. The NMFS has  stated that the reason for the                                                               
decline was overharvesting.                                                                                                     
                                                                                                                                
4:37:58 PM                                                                                                                    
SENATOR  FRENCH  asked  her  what  she thinks  would  be  a  more                                                               
reasonable designation.                                                                                                         
                                                                                                                                
REPRESENTATIVE  MILLETT  said there  is  no  opportunity to  have                                                               
public comment and  she is not a  biologist; it is a  tool of the                                                               
NMFS. She  believes the  west side  of Cook  Inlet should  not be                                                               
included.                                                                                                                       
                                                                                                                                
SENATOR FRENCH  asked if she  thinks the  west side of  the Inlet                                                               
should be excluded.                                                                                                             
                                                                                                                                
REPRESENTATIVE  MILLETT said  her preference  is no  designation.                                                               
She  believes   the  Belugas  "are   coming  back"   because  the                                                               
subsistent hunts are  done, and it will take them  a little while                                                               
to rebound.  The NMFS has said  it will take 10-15  years to have                                                               
the   population  increase.   She  believed   having  a   harvest                                                               
management plan  in place with  a take of  two Belugas a  year is                                                               
already working well enough.                                                                                                    
                                                                                                                                
SENATOR FRENCH said  he heard a good presentation  by Jason Brune                                                               
[executive director,  Rural Development Corporation  (RDC)] about                                                               
this a few years ago, and  he wondered what the population was in                                                               
the 1980s when the subsistence harvest took place.                                                                              
                                                                                                                                
4:40:19 PM                                                                                                                    
REPRESENTATIVE  MILLETT  answered   that  the  Beluga  population                                                               
started out at 1,300 in the 80s,  in 1994 it was 653, and in 1998                                                               
it was 347, which is when  the subsistence harvest took place. In                                                               
2004 the  population was  366, in  2005 it was  278, and  in 2009                                                               
they rebounded to 321. There has  not been a 2010 count yet. They                                                               
have increased  by an average of  about 4 percent per  year since                                                               
the subsistence management plan was put in place.                                                                               
                                                                                                                                
SENATOR FRENCH  said it sounds like  part of the problem  is that                                                               
NMFS  only does  one count  a year.  He asked  if they  should be                                                               
appropriating more money to count Beluga whales more often.                                                                     
                                                                                                                                
REPRESENTATIVE  MILLETT  replied  that  she  has  asked  NMFS  to                                                               
increase  its  counts  and to  include  juveniles,  although  she                                                               
doubts she has much influence.                                                                                                  
                                                                                                                                
SENATOR WAGONER said he fished that  Inlet for the better part of                                                               
40 years,  and some years  you would see  a lot of  Belugas, some                                                               
years you  wouldn't. The only  place you  could count them  is in                                                               
lower Cook Inlet  and the only time you could  count them is when                                                               
the food is  in. For the scientists to say  this is a sub-species                                                               
is  something he  doesn't believe.  As for  the numbers,  if they                                                               
studied the  food source, they  could get  a good idea  about how                                                               
many Belugas are going to be there.                                                                                             
                                                                                                                                
4:43:27 PM                                                                                                                    
CO-CHAIR MCGUIRE  said this  is just  another way  the Endangered                                                               
Species  Act is  being used  by the  federal government,  and she                                                               
hoped they  would depend on  the state  in which they  are making                                                               
the designation for their data.                                                                                                 
                                                                                                                                
4:44:20 PM                                                                                                                    
JASON  BRUNE,  Executive   Director,  Rural  Development  Council                                                               
(RDC),  said  he concurred  with  Senator  Wagoner's and  Senator                                                               
French's statements and that he supported HJR 40.                                                                               
                                                                                                                                
CO-CHAIR MCGUIRE asked  him to provide his  written comments. She                                                               
closed public testimony and set HJR 40 aside.                                                                                   
                                                                                                                                

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