Legislature(2001 - 2002)

04/09/2001 05:10 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         April 9, 2001                                                                                          
                           5:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gary Stevens, Co-Chair                                                                                           
Representative Peggy Wilson, Co-Chair                                                                                           
Representative Drew Scalzi                                                                                                      
Representative Fred Dyson                                                                                                       
Representative John Coghill                                                                                                     
Representative Mary Kapsner                                                                                                     
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE JOINT RESOLUTION NO. 15(RLS)                                                                                      
Relating to imports of salmon from Chile.                                                                                       
                                                                                                                                
     - MOVED CSSJR 15(RLS) OUT OF COMMITTEE                                                                                     
                                                                                                                              
PREVIOUS ACTION                                                                                                               
                                                                                                                                
SHORT TITLE:CHILEAN FARMED SALMON                                                                                               
SPONSOR(S): SENATOR(S) AUSTERMAN                                                                                                
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/22/01     0470       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/22/01     0470       (S)        RES                                                                                          
03/16/01                (S)        RES AT 3:30 PM BUTROVICH 205                                                                 
03/16/01                (S)        Moved Out of Committee                                                                       
                                   MINUTE(RES)                                                                                  
03/19/01     0716       (S)        RES RPT 6DP                                                                                  
03/19/01     0716       (S)        DP: TORGERSON, TAYLOR,                                                                       
                                   PEARCE, KELLY,                                                                               
03/19/01     0716       (S)        ELTON, HALFORD                                                                               
03/19/01     0716       (S)        FN1: ZERO(S.RES)                                                                             
03/27/01                (S)        RLS AT 10:45 AM FAHRENKAMP                                                                   
                                   203                                                                                          
03/29/01     0858       (S)        RULES TO CAL W/CS 2OR 3/29                                                                   
                                   SAME TITLE                                                                                   
03/29/01     0858       (S)        FN1: ZERO(S.RES)                                                                             
03/29/01     0864       (S)        READ THE SECOND TIME                                                                         
03/29/01     0864       (S)        RLS CS ADOPTED UNAN CONSENT                                                                  
03/29/01     0864       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
03/29/01     0864       (S)        READ THE THIRD TIME CSSJR
                                   15(RLS)                                                                                      
03/29/01     0865       (S)        PASSED Y19 N- A1                                                                             
03/29/01     0867       (S)        TRANSMITTED TO (H)                                                                           
03/29/01     0867       (S)        VERSION: CSSJR 15(RLS)                                                                       
03/30/01     0781       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/30/01     0781       (H)        FSH                                                                                          
03/30/01     0794       (H)        CROSS SPONSOR(S): WILSON                                                                     
04/09/01     0912       (H)        CROSS SPONSOR(S): CHENAULT                                                                   
04/09/01                (H)        FSH AT 5:00 PM CAPITOL 124                                                                   
BILL: SJR 15                                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
IAN FISK, Staff                                                                                                                 
to Senator Alan Austerman                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 417                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT: Presented sponsor statement for SJR 15.                                                                     
                                                                                                                                
JERRY MCCUNE                                                                                                                    
United Fishermen of Alaska (UFA)                                                                                                
211 Fourth Street, Suite 110                                                                                                    
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified in support of SJR 15.                                                                            
                                                                                                                                
EDWARD FURMAN, Cordova Fisherman                                                                                                
PO Box 2361                                                                                                                     
Cordova, Alaska 99574                                                                                                           
POSITION STATEMENT: Testified during the hearing on SJR 15 on                                                                   
the price of gas, and protecting the rights of fishermen.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-17, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR  PEGGY  WILSON called  the  House  Special Committee  on                                                               
Fisheries meeting  to order at 5:10  p.m. Representatives Scalzi,                                                               
Dyson,  Coghill, Kerttula,  Stevens, and  Wilson were  present at                                                               
the  call  to  order.   Representative  Kapsner  arrived  as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
SJR 15-CHILEAN FARMED SALMON                                                                                                  
                                                                                                                              
CO-CHAIR WILSON announced that the  first order of business would                                                               
be  CS FOR  SENATE  JOINT RESOLUTION  NO.  15(RLS), "Relating  to                                                               
imports of salmon from Chile."                                                                                                  
                                                                                                                                
Number 0087                                                                                                                     
                                                                                                                                
IAN  FISK,   Staff  to  Senator  Alan   Austerman,  Alaska  State                                                               
Legislature, read  the following  sponsor statement on  behalf of                                                               
Senator Austerman:                                                                                                              
                                                                                                                                
     The U.S. Government is in  the process of negotiating a                                                                    
     free   trade   agreement   with  Chile.      Meanwhile,                                                                    
     exponential  increases  of   Chilean  farmed  fish  are                                                                    
     flooding markets  and driving the price  of salmon down                                                                    
     to levels that jeopardize Alaska's industry.                                                                               
                                                                                                                                
     This resolution points out that  Chilean fish farms are                                                                    
     not competing on an even  basis with Alaskan fishermen.                                                                    
     Our  laws  requiring   sustained  yield  and  ecosystem                                                                    
     management mean higher costs of  production and a lower                                                                    
     volume  of  harvest  than  under  the  Chilean  system.                                                                    
     These factors are making  it increasingly difficult for                                                                    
     our fleet  to compete in the  current market situation.                                                                    
     This  resolution urges  the U.S.  government to  impose                                                                    
     import  restrictions and  increased  import tariffs  on                                                                    
     Chilean  farmed  salmon  in   order  to  allow  Alaskan                                                                    
     fishermen to better access the domestic market.                                                                            
                                                                                                                                
     SJR  15 is  the  first  step Alaska  must  take to  the                                                                    
     massive  influx of  cheap imports  of farmed  fish into                                                                    
     the U.S.   We in Alaska  have made a commitment  to our                                                                    
     salmon industry  and the communities  it has  built and                                                                    
     continues to sustain.  In  the long run this commitment                                                                    
     is going  to pay off.   But today [we've] got  to stand                                                                    
     up  and  help  our   industry  compete  against  unfair                                                                    
     foreign competition.                                                                                                       
                                                                                                                                
MR. FISK explained  that this resolution is "sticking  up for our                                                               
industry and  encouraging the  federal government  to do  what it                                                               
can  to  open  the  domestic  market to  our  fish  so  that  our                                                               
fishermen can do a better job of marketing our fresh salmon."                                                                   
                                                                                                                                
Number 0235                                                                                                                     
                                                                                                                                
MR. FISK said there  are several ways this can be  done.  One way                                                               
is  to  apply  for  relief through  an  import  moratorium  under                                                               
Section 201 of  the Trade Act [of 1974].   This would require the                                                               
industry  to issue  a recovery  plan for  the end  of any  import                                                               
moratorium.   A second way to  attack the issue would  be to have                                                               
an  investigation  through  the  International  Trade  Commission                                                               
under the  U.S. Department of  Commerce, which could  continue to                                                               
investigate  Chilean and  Norwegian fish  farming industries  for                                                               
"dumping  product into  our market."    [The International  Trade                                                               
Commission]  has  already  found   companies  guilty  of  selling                                                               
products at  less than fair value  in many other industries.   He                                                               
went on to  say, "There's no reason why we  shouldn't ask them to                                                               
go to bat for [the] Alaskan salmon industry."                                                                                   
                                                                                                                                
MR. FISK noted a third way  to approach this issue is through the                                                               
Safeguard  Law, which  is implemented  through the  International                                                               
Trade  Commission  as well.    This  law  focuses on  "surges  of                                                               
imports,"  which certainly  have been  present in  this industry.                                                               
He  said  there  has  been  a 270  percent  increase  in  Chilean                                                               
[salmon]  imports between  1996-1999,  from 12.3  metric tons  to                                                               
33.3  metric  tons.   Currently,  Chile  has  90 percent  of  the                                                               
domestic market [for salmon].                                                                                                   
                                                                                                                                
Number 0408                                                                                                                     
                                                                                                                                
MR.  FISK  commented  that  at this  point,  the  [Alaska  State]                                                               
Legislature's  role is  to encourage  the  governor's office  and                                                               
[U.S.]  congressional delegation  to  cooperate  with the  United                                                               
States Trade Representative (USTR)  as negotiations on free trade                                                               
agreement continue.   He said they  are at an early  stage in the                                                               
negotiations, and the next round takes  place in May.  He pointed                                                               
out the importance in following up with this issue.                                                                             
                                                                                                                                
Number 0462                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON  remarked  that he  is  enthusiastic  about                                                               
protecting Alaskan's markets, but that  "we got to be driven more                                                               
than just  our own self-interest."   He asked Mr. Fisk  if he had                                                               
any evidence regarding impacts on  ecology for Chile [in relation                                                               
to salmon imports].                                                                                                             
                                                                                                                                
MR. FISK  replied that at this  time there is no  "hard" evidence                                                               
for this.   But there are  an estimated four million  farmed fish                                                               
that have  been released  into the wild  in Chile,  a significant                                                               
number that can be  used as an arguing point.   He said Chile has                                                               
also been using antibiotics at  a very significant rate, 75 times                                                               
the amount that Norwegian fish farmers  use.  This is not healthy                                                               
since these  [antibiotics] are being  released into pens  in lake                                                               
environments where  fish are being  raised.  Wild fish  are being                                                               
subjected  to  this as  well,  making  them more  susceptible  to                                                               
disease in the long run.                                                                                                        
                                                                                                                                
REPRESENTATIVE DYSON asked if there  was any evidence that showed                                                               
diseases of farmed fish had been transferred to wild stock.                                                                     
                                                                                                                                
MR. FISK indicated the need to  continue to look into this issue.                                                               
He  said  the  governor's  office intends  to  use  environmental                                                               
arguments against farm salmon as one  of its strong points in the                                                               
negotiations.                                                                                                                   
                                                                                                                                
Number 0590                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON said  he would  think so.   He  referred to                                                               
interactions  with the  Minister of  Fish and  Oceans in  British                                                               
Columbia  [BC], who  had informed  him that  BC has  biologically                                                               
inert estuaries in which everything  has been killed and all that                                                               
remains is feces  from farmed fish.  There is  also hard evidence                                                               
that farm fish released in  [these estuaries in] BC are spawning,                                                               
"which we  were told would  never happen."   He wondered  if this                                                               
was happening in Chile.                                                                                                         
                                                                                                                                
MR. FISK stated that he did not know.                                                                                           
                                                                                                                                
REPRESENTATIVE  DYSON  asked  if  there  was  evidence  in  Chile                                                               
regarding the detriment of the wild stock.                                                                                      
                                                                                                                                
MR. FISK remarked  that he did not have this  information, but it                                                               
is an area  that needs to be  looked into.  He  mentioned that he                                                               
has  heard that  diseased fish  have  been used  as fishmeal  for                                                               
farmed fish [in Chile].  This  information is too anecdotal to be                                                               
used in  negotiations right now, but  it needs to be  looked into                                                               
further.   He  believes  this  would be  a  strong arguing  point                                                               
especially  since  there  has  been  a  huge  problem  in  Europe                                                               
concerning "mad  cow disease."  He  said there has been  a lot of                                                               
indication that  the European market  is looking for  a healthier                                                               
alternative.  If  "we" can indicate similar  things are happening                                                               
in  the Chilean  farmed fish  industry, there  would be  a strong                                                               
arguing point.   He noted  that Representative  Dyson's questions                                                               
were valid  and that more research  is needed in order  to obtain                                                               
specifics on environmental problems in Chile.                                                                                   
                                                                                                                                
REPRESENTATIVE  DYSON said,  "We  don't want  to be  responsible.                                                               
I'm  not  going to  spread  the  rumor  that farmed  fish  caused                                                               
baldness,  pimples and  impotency, because  I don't  know there's                                                               
any hard evidence to that."                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON stated  that  he heard  that Norwegian  and                                                               
Chilean   fish  farming   were   "profoundly  and   substantially                                                               
subsidized" by  the national government.   He asked if  there was                                                               
any evidence of this.                                                                                                           
                                                                                                                                
MR. FISK  replied that the  most profound subsidy comes  from the                                                               
"lack of  regulation that our  industry works under  that amounts                                                               
to money that they get to keep in their pockets."                                                                               
                                                                                                                                
REPRESENTATIVE  DYSON remarked  that  he would  not  call this  a                                                               
subsidy, but that he understands.                                                                                               
                                                                                                                                
MR.  FISK  commented  that  he has  heard  that  the  state-owned                                                               
airline  [in  Chile]  is providing  cheaper  freight  rates  [for                                                               
salmon  imports].     He  indicated   that  this   affects  costs                                                               
significantly  in Chile's  marketing  of  fresh boneless  filets,                                                               
which make  up 90  percent of  Chile's domestic  market.   And if                                                               
this is  true, then Chile  has a significant advantage  that "we"                                                               
do not have.                                                                                                                    
                                                                                                                                
Number 0833                                                                                                                     
                                                                                                                                
CO-CHAIR WILSON  wondered if  Mr. Fisk  had heard  about problems                                                               
with Norwegian farmed fish being ill in the last few days.                                                                      
                                                                                                                                
MR. FISK  remarked that he had  not heard about this  in the last                                                               
few days.                                                                                                                       
                                                                                                                                
Number 0867                                                                                                                     
                                                                                                                                
CO-CHAIR STEVENS  referred to an  UFA article by Casey  Woods and                                                               
Jonathan  Franklin entitled  "Against  the  Tide, Chilean  Salmon                                                               
Producer Growing Too Fast and Too  Loose."  The article says that                                                               
Chile will become the world's  largest salmon producer by the end                                                               
of the  decade, even bypassing  Norway due to the  amount they're                                                               
producing.   This is  a "real"  concern throughout  the industry.                                                               
He indicated that  the industry is basing these  views on whether                                                               
subsidies  come  from  the government,  such  as  paying  workers                                                               
illegal low  wages.   He said  there are  many specifics  in this                                                               
article  about  how  this  happens   as  well  as  discussion  of                                                               
[Chileans]  overuse  of antibiotics  to  the  point of  "stuffing                                                               
antibiotics into the lakes so that  they say the healthy fish are                                                               
medicated along  with the ill  ones."   He stated this  is scary,                                                               
especially because it "probably gets in ... the food stream."                                                                   
                                                                                                                                
CO-CHAIR STEVENS  stated that the  report finds that  the Chilean                                                               
salmon industry uses 75 times  more antibiotics per kilo than its                                                               
counterparts  in  Norway,  which  is  a  substantial  overuse  of                                                               
antibiotics.    He summarized  the  other  main concerns  of  the                                                               
article as there being an issue  of illegal payment of wages, the                                                               
threat of  Chile becoming the  largest producer, the  question of                                                               
whether Chile is supported by  its government, and the dumping of                                                               
the product.   He said, "We need  to push ahead on  this and [at]                                                               
least  bring up  the  issue of  unfair  competition from  foreign                                                               
producers."                                                                                                                     
                                                                                                                                
MR. FISK  commented that  this would be  part of  the negotiating                                                               
stance that  "we" encourage  USTR to  take.   He referred  to Co-                                                               
Chair Stevens'  remarks on the  cost of  labor in Chile  and said                                                               
one estimate  says the  average monthly salary  for working  on a                                                               
Chilean  farm is  $250 (in  U.S. dollars).   This  gives Chile  a                                                               
"definite  unfair advantage"  to cost  production in  the [United                                                               
States].   He noted that  the article makes valid  arguing points                                                               
for the negotiations regarding  the assertion that "environmental                                                               
damage of  their unregulated industry  is significant."   He said                                                               
this area needs to be looked into.                                                                                              
                                                                                                                                
Number 1096                                                                                                                     
                                                                                                                                
EDWARD FURMAN, Cordova Fisherman, gave the following testimony:                                                                 
                                                                                                                                
     We have a  serious problem.  The reason why  our gas is                                                                    
     so high  is because  of administration  (indisc.) raise                                                                    
     the price  of gas  so ... Russia  and Mexico  could pay                                                                    
     off their  debt.   It's the rich  getting rich  and the                                                                    
     poor getting  poor.  The  rich practice the  control of                                                                    
     these  industries, and  like this  man says,  bless his                                                                    
     heart, [we've]  got to protect ...  the state's rights.                                                                    
     [We've] got  to protect  our fishermen.   That's  why I                                                                    
     found fish farms.  Thank you very much.                                                                                    
                                                                                                                                
Number 1182                                                                                                                     
                                                                                                                                
JERRY  MCCUNE,  United  Fishermen   of  Alaska  (UFA),  gave  the                                                               
following testimony:                                                                                                            
                                                                                                                                
     We  support  the  resolution,  and   we  are  going  to                                                                    
     probably  file petition  201, which  is the  same thing                                                                    
     that Harley Davidson got against  high imports of other                                                                    
     motorcycle  scouts,  [such  as] Haki  (ph)  and  Honda,                                                                    
     until they could get on their feet.....                                                                                    
                                                                                                                                
     I  got  a lot  of  calls  from  Bristol Bay  today  and                                                                    
     Kodiak.   There's many ... fishermen  [who] are looking                                                                    
     to  go  to  the  domestic market  for  various  reasons                                                                    
     because Japan's  economy is really bad  right now, plus                                                                    
     there seems to  be more money into  the domestic market                                                                    
     in that you  have to keep your quality up.   But what's                                                                    
     really hurting us with Chile  fish is they're producing                                                                    
     ... [a] boneless  filet [in] which they  pick the bones                                                                    
     out by hand,  which we cannot compete  with their labor                                                                    
     costs.                                                                                                                     
                                                                                                                                
     So, we're asking  for a five-year window to  be able to                                                                    
     get our  products into the  domestic market more.   Try                                                                    
     to  have  ASMI  [Alaska  Seafood  Marketing  Institute]                                                                    
     write  a  domestic  marketing  plan   so  that  we  can                                                                    
     continue to supply those markets.   ...  Farmers ... on                                                                    
     the East  Coast that  raise Atlantic salmon  tried this                                                                    
     four  or  five  years  ago, and  they  spent  a  couple                                                                    
     million dollars  trying to cut  down in the  imports of                                                                    
     Chile farmed  salmon, and they were  unsuccessful.  But                                                                    
     what Chile's doing is  dragging everybody's price down.                                                                    
     They  can  produce  so  low,   their  labor  costs  and                                                                    
     transportation costs.   They're even dragging  down the                                                                    
     other farmers' price.   So the price  just bottomed out                                                                    
     not too long ago.   I think it was at  ... $1.75 and it                                                                    
     bounced back up to $2.20.   But that's what the problem                                                                    
     is,  that they  can get  their price  so low  and their                                                                    
     cost is so high.                                                                                                           
                                                                                                                                
     So we're  hoping to get  this five-year window  so that                                                                    
     we  can  build our  domestic  market  within that  five                                                                    
     years bigger  than it is  already.  Copper River  has a                                                                    
     pretty good hold, but there's  lots of other areas that                                                                    
     need   to   get   their  products   and   solve   their                                                                    
     transportation problems or whatever  that may be to get                                                                    
     to the domestic market.                                                                                                    
                                                                                                                                
Number 1330                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked if UFA has been in touch with the                                                                  
congressional delegation in regard to this issue.                                                                               
                                                                                                                                
MR. MCCUNE replied that the governor along with UFA sent a                                                                      
letter to the trade commission.  The USA (United Salmon                                                                         
Association)  sent a  letter as  well.   He said  there has  been                                                               
response from American fishermen from  across the country, due to                                                               
e-mail.  For example, letters  have been sent in from Washington,                                                               
Oregon, and  California.  At this  time, a decision has  not been                                                               
made at the  trade commission level, because a  petition needs to                                                               
be filed.                                                                                                                       
                                                                                                                                
Number 1387                                                                                                                     
                                                                                                                                
[There was  a motion to adopt  CSSJR 15(RLS), but it  was already                                                               
before the committee.]                                                                                                          
                                                                                                                                
REPRESENTATIVE DYSON stated  that he had some  amendments to add.                                                               
He asked if this would slow the process.                                                                                        
                                                                                                                                
MR. FISK  said it would  somewhat slow it  down, but it  would be                                                               
worth it to discuss the amendments.                                                                                             
                                                                                                                                
REPRESENTATIVE  DYSON commented  that  the bill  comes across  as                                                               
saying "we're just  looking out for our own self."   He mentioned                                                               
that larger  issues have  come up  in discussion  concerning what                                                               
has been happening  in the world market and risks  to the Chilean                                                               
environment and its wild stock.   "It's kind of a judgment call,"                                                               
he said.   He then asked  where this bill goes  after moving from                                                               
the House Special Committee on Fisheries.                                                                                       
                                                                                                                                
CO-CHAIR STEVENS said the bill goes to the floor.                                                                               
                                                                                                                                
Number 1457                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON brought attention  to the following proposed                                                               
amendments to the bill, which would add the following:                                                                          
                                                                                                                                
     Whereas millions of farmed Chilean salmon have escaped                                                                     
     and are competing with the diminishing wild stock                                                                          
                                                                                                                                
        Whereas the Chilean wild stock are endangered by                                                                        
     diseased escaped farmed fish (or potentially)                                                                              
                                                                                                                                
[These amendments were not adopted during the hearing.]                                                                         
                                                                                                                                
REPRESENTATIVE  DYSON  asked  if  this bill  needed  to  be  done                                                               
quickly.                                                                                                                        
                                                                                                                                
MR. FISK replied that "we" are  not aiming for a particular date.                                                               
However, the next round of  the free trade negotiations begins in                                                               
May,  and it  would be  beneficial to  have this  resolution done                                                               
before then.  At the  same time, if Representative Dyson believed                                                               
it was necessary  to include the amendments, he  thought it would                                                               
add some strength to the  resolution.  But these amendments could                                                               
also be added through congressional  delegation or the governor's                                                               
office as they work with USTR in the process.                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
Number 1580                                                                                                                     
                                                                                                                                
CO-CHAIR  STEVENS  made a  motion  to  move the  CSSJR(RLS)  from                                                               
committee with  individual recommendations and the  attached zero                                                               
fiscal note.  There being  no objection, CSSJR 15(RLS) moved from                                                               
the House Special Committee on Fisheries.                                                                                     
                                                                                                                                
CO-CHAIR  WILSON  called  for  an  at-ease in  order  to  hear  a                                                               
presentation  on Canadian/British  Columbia fisheries  policy and                                                               
salmon  farming  by  U.S.  Consul General  Hugo  Llorens.    [The                                                               
minutes for  this presentation are  found in the 5:32  p.m. cover                                                               
sheet for the same date].                                                                                                       
                                                                                                                              

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