Legislature(2023 - 2024)BUTROVICH 205
03/11/2024 03:30 PM Senate RESOURCES
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Audio | Topic |
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SB164 | |
SB199 | |
SB210 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 199 | TELECONFERENCED | |
+= | SB 210 | TELECONFERENCED | |
*+ | SB 164 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
SB 210-SALMON HATCHERY PERMITS 4:26:18 PM CO-CHAIR BISHOP announced the consideration of SENATE BILL NO. 210 "An Act relating to salmon hatchery permits; and authorizing the sale of salmon to permitted persons for stocking lakes." 4:26:53 PM DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish and Game (ADFG), Anchorage, Alaska, presented SB 210 on behalf of the administration. He explained that state hatchery facilities currently lack the surplus to meet the demand for stocking public lakes, as these facilities are funded by sport angler dollars and federal Dingell-Johnson funds, which restrict their use to the most beneficial lakes for sport fishing. SB 210 would create additional recreational and economic opportunities by enabling private nonprofit hatchery operators to sell fish under the existing Department of Fish and Game permitting structure. This process would ensure that all fish sales and stocking are regulated to prevent negative impacts on wild fish populations. Operators would need to obtain a fish transport permit, and the species, life stage, and stocking locations would be evaluated and approved to minimize risks. ADFG employs sterile stocking methods when possible and typically approves the use of reproductively viable fish only in landlocked lakes or those where fish cannot escape. The bill does not mandate the sale of fish but provides an option for hatchery operators and could enhance food security by allowing communities to stock their lakes, particularly highlighted during the COVID-19 crisis when rural communities faced food security challenges. The department can manage the additional workload for processing applications with minimal fiscal impact, as the fish transport permit process is already in place. This change is expected to offer new revenue opportunities for hatchery operators and increase access to fishing resources for Alaskans. 4:30:26 PM CO-CHAIR BISHOP inquired about the process for stocking a 10- acre, landlocked lake. He asked for a detailed explanation of the steps involved, including how to initiate contact with ADFG, the timeline for application review, any necessary inspections, and the overall duration of the process from application to stocking. 4:30:41 PM SAM RABUNG, Director, Division of Commercial Fisheries, Alaska Department of Fish and Game (ADFG), Anchorage, Alaska, answered questions related to SB 210. He explained that the process for stocking a 10-acre, landlocked lake involves several key steps. First, an individual would need to contact ADFG or submit an application online for a fish transport permit. The department evaluates the application based on the lake's type, its capacity to support fish, and the species to be stocked. This review and permit issuance typically take one to two months. Once the permit is granted, the individual would then need to work with a nonprofit hatchery to produce and stock the fish. It's important to note that fish cannot be obtained by simply picking them up at a hatchery; the entire process requires pre-approval and proper permits. The individual would contract with the hatchery to carry out the stocking, following the same procedures as if the state were managing the program. 4:32:18 PM CO-CHAIR BISHOP asked if there is any follow-up with the landowner after receiving approval and arranging for a private nonprofit hatchery to stock the lake. Specifically, he inquired whether ADFG conducts any further inspections or evaluations one year later or if there are additional follow-up procedures. 4:32:43 PM MR. RABUNG responded that there is an annual reporting requirement for activities involving stocked lakes. The Department of Fish and Game would review these reports at the end of each year. However, aside from this reporting, there is generally no additional follow-up. The projects are typically "put and take" operations, meaning the fish are introduced with the intent of being harvested rather than reproducing. In landlocked lakes, the habitat is usually not conducive to fish reproduction. If the fish are harvested and the landowner wishes to restock, they would need to repeat the application process. 4:33:39 PM SENATOR KAWASAKI asked if there are any locations in Alaska that currently do that. 4:33:47 PM MR. RABUNG explained that the state currently handles lake stocking, primarily in the Railbelt region, due to the need for public access and the limited fish production capacity of state facilities. Stocking is prioritized based on public access and use, so remote areas are less likely to be stocked. He added that while there is no private nonprofit hatchery (PNP) in Southeast Alaska dedicated to lake stocking, fish are supplied to the state under contract, and the state uses its fish transport permit for distribution. The proposed change would enable individuals to purchase these fish directly for stocking, rather than relying on the state to manage the process. 4:34:25 PM MR. VINCENT-LANG added that currently, no private nonprofit hatchery (PNP) is producing fish in Southeast Alaska specifically for lake stocking programs. Instead, fish are provided to the state of Alaska under contract, and the state uses its fish transport permit to distribute them. The proposed change would allow individuals to purchase these fish directly for stocking, rather than relying on the state to handle the process. 4:34:45 PM MR. RABUNG explained that the state contracts with private nonprofit hatcheries to handle some of the lake stocking work, particularly in areas where there are no state hatcheries. He noted that this practice is employed in both Southeast Alaska and Kodiak, where state facilities are not available. 4:35:07 PM SENATOR KAWASAKI pointed out that the Ruth Burnett Fish Hatchery, located in the heart of downtown Fairbanks, is a key facility. He raised a question about the proposed changes, noting that it represents a significant shift from a public process to a more private one. He expressed a concern regarding whether this new approach aligns with the current fin fish farming legislation under Title 16, which governs fish farming practices. 4:36:00 PM MR. RABUNG clarified that the proposed change is not related to fish farming but rather pertains to lake stocking for sports fishing. He explained that the process of issuing fish transport permits for stocking lakes would remain the same as it currently is. The key difference is that the Department of Fish and Game (DFG) does not have the capacity to stock all the lakes that people request. The new approach would provide an additional option for stocking more lakes if the proposal is passed. 4:36:31 PM MR. VINCENT-LANG acknowledged that remote and less accessible lakes may not rank high for state-sponsored stocking due to limited public access and the need to prioritize sport fishing opportunities. However, if individuals wish to stock such lakes with rainbow trout for events or to provide a local food source, they would have the option to purchase fish from a nonprofit hatchery. This approach supports food security and offers opportunities for local fishing, even if these lakes may not otherwise receive state-funded stocking efforts. 4:37:15 PM SENATOR KAWASAKI inquired about the challenges of stocking public lakes, particularly in cases where there is a shortage of fish. He noted that certain species, such as grayling, have been difficult to produce, leading to discontinuation of their stocking. He asked what happens if a private entity requests to stock a personal lake with fish that might otherwise be allocated to public lakes, given the limited supply. 4:37:49 PM MR. VINCENT-LANG replied that ADFG would not stock a private lake with the existing Fairbanks or anchorage hatcheries, because they were paid for with sport dollars, and they were and they have Dingle Johnson money going to it, so they have to have some reasonable access for everybody else. This would allow an individual, for instance, maybe own some gravel pits in the Thermax area in your district that wants to stock some of those gravel pits for running their clients some opportunity to catch fish in those gravel pits. They could buy those from a PMP hatchery, where ADFG would not sell them to them, because, again, there's no public access for the general public. 4:38:25 PM CO-CHAIR BISHOP asked if the state uses aircraft to propagate lakes. 4:38:38 PM MR. VINCENT-LANG replied that some lakes are stocked by aircraft and gave an example of a lake stocked by aircraft in the Anchorage area. 4:38:48 PM SENATOR WIELECHOWSKI expressed concern about the opposition and concerns raised by biologists regarding similar bills, including those related to geoducks and the transfer of wild salmon. He sought clarification on whether all the fish being transferred under this proposal are sterile and incapable of reproducing. 4:39:22 PM MR. VINCENT-LANG replied that ensuring fish are sterile and unable to reproduce would be a requirement under the fish transport permit (FTP) process. He explained that the Department of Fish and Game (ADFG) would stipulate this condition to prevent non-sterile fish from escaping in a flood event or other circumstances. This stipulation would be part of the permit requirements for stocking a lake. 4:39:36 PM SENATOR WIELECHOWSKI wondered if the sterilization requirement should be put in statute. 4:39:45 PM MR. RABUNG explained that the lake stocking policy, which is available online and possibly on the board's website, categorizes lakes into five categories based on their characteristics, such as being landlocked or having an open outlet. For landlocked lakes where there is no risk of fish escaping, the policy allows for stocking with viable fish. However, for lakes where there is a chance of fish escaping, the policy requires the use of sterile fish to mitigate any potential impact. 4:40:22 PM SENATOR WIELECHOWSKI asked if there have been any concerns expressed by biologists or scientists at ADFG. 4:40:30 PM MR. VINCENT-LANG replied he has not heard any concerns expressed by the department. 4:40:46 PM SENATOR WIELECHOWSKI asked whether "Atlantic salmon" should be defined as "Alaskan salmon." 4:41:07 PM MR. VINCENT-LANG commented that he would not be opposed to that suggestion. 4:41:12 PM MR. RABUNG replied that it is not illegal to have Atlantic salmon in Alaska. 4:41:25 PM SENATOR WIELECHOWSKI asked for confirmation of his understanding that the prohibition of salmon sales is prohibited by Alaskan hatcheries. 4:41:39 PM MR. RABUNG replied that there is a prohibition of the importation of live fish to Alaska, so it must occur within Alaska. 4:41:49 PM SENATOR WIELECHOWSKI asked whether any attorneys have been consulted regarding potential constitutional issues with the bill, specifically concerning the sustained yield provision or any other provisions of the Alaska Constitution. 4:42:01 PM MR. VINCENT-LANG replied that Alaska Department of Law (DOL) has not raised any concerns. 4:42:16 PM SENATOR KAUFMAN asked if SB 210 would have any implications for micro-aquaculture projects, such as those involving small-scale hydroponic systems where fish like rainbow trout are grown in refrigerated tanks. He noted that these systems create a self- regenerating nitrogen cycle, providing high yields from both the fish and the hydroponic plants with minimal inputs. Senator Kaufman inquired whether this bill would facilitate or hinder such innovative practices in Alaska and sought more information on how it might affect these types of projects. 4:43:42 PM MR. RABUNG replied that the type of micro-aquaculture described would be considered fish farming, which is prohibited in Alaska. Therefore, this bill would not provide an opportunity to support or that practice. 4:43:53 PM SENATOR KAUFMAN expressed agreement with his statement. 4:44:02 PM SENATOR DUNBAR asked whether the bill refers to the colloquial term "salmon," which typically includes the five species of salmon, or if it encompasses the broader family of salmonids, which includes other types of freshwater fish. 4:44:37 PM MR. RABUNG explained that internally, the Department of Fish and Game (ADFG) has discussed the taxonomy, and trout are included in the broader family of salmonids. Since most of the stocking under the bill will involve rainbow trout, referring to them as "salmon" is considered adequate. However, clarifying the terminology to specifically include trout would not cause any issues. 4:45:01 PM MR. VINCENT-LANG added that if a private nonprofit hatchery (PNP) were to pursue this route, they would likely adopt the technologies and innovations already established by the state of Alaska's hatchery programs. He suggested that it would be more practical for them to focus on species that have already been successfully managed in the state, rather than starting entirely new programs with species that have not been as successful. 4:45:22 PM SENATOR DUNBAR said the law may be difficult to interpret. There could be clarifying language. 4:45:53 PM SENATOR WIELECHOWSKI acknowledged that while hatcheries are sophisticated, the average person might not realize that "salmon" in the bill includes trout, given common perceptions. He suggested that there might be a need for clarifying language to ensure that the bill's terminology is clear and understandable to the public, although he stated that did not feel strongly about this issue. 4:46:26 PM MR. VINCENT-LANG clarified that the department would not issue a permit for stocking fish in a lake with an inflow or outflow due to the associated issues. Therefore, he suggested that the term "enclosed" might not be necessary in the context of the bill, as these situations are already covered under the existing fish transport permit process. 4:46:49 PM MR. RABUNG explained that private nonprofit hatcheries are currently limited to working with salmon, which includes trout due to their classification within the same genus. Although trout and salmon were not always classified together, this changed in the 1990s. If there is interest in including other species, statutory revisions would be required. 4:47:24 PM CO-CHAIR BISHOP inquired about the fish size for sales. 4:47:30 PM MR. VINCENT-LANG replied that it depends upon the lake. CHAIR BISHOP asked about fish that weigh two pounds. 4:47:47 PM MR. RABUNG said it could take a while depending on water temperature and the food supply. 4:47:57 PM CO-CHAIR BISHOP acknowledged that it takes a long time for species like pike, sheefish, and whitefish to reach adult size. He emphasized the need for alternative protein sources, especially if wild stocks do not recover to their necessary levels. He noted that these conversations explore ways to address this issue and provide additional protein sources. 4:48:28 PM CO-CHAIR BISHOP held SB 210 in committee.