01/27/2006 08:30 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| HB328 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 328 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
January 27, 2006
8:24 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Bill Thomas, Co-Chair
Representative John Harris
Representative Jim Elkins
Representative Mary Kapsner
Representative Woodie Salmon
MEMBERS ABSENT
Representative Peggy Wilson
COMMITTEE CALENDAR
HOUSE BILL NO. 328
"An Act prohibiting mixing zones in freshwater spawning waters."
- MOVED CSHB 328(FSH) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 328
SHORT TITLE: BAN MIXING ZONES IN SPAWNING AREAS
SPONSOR(s): REPRESENTATIVE(s) SEATON, OLSON, GATTO, LEDOUX
01/09/06 (H) PREFILE RELEASED 12/30/05
01/09/06 (H) READ THE FIRST TIME - REFERRALS
01/09/06 (H) FSH, RES
01/20/06 (H) FSH AT 8:30 AM CAPITOL 124
01/20/06 (H) Heard & Held
01/20/06 (H) MINUTE(FSH)
01/27/06 (H) FSH AT 8:30 AM CAPITOL 124
WITNESS REGISTER
REPRESENTATIVE PAUL SEATON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor of HB 328.
LYNN TOMICH KENT, Director
Division of Water
Department of Environmental Conservation (DEC)
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 328.
NORMAN KROENING, Owner
Alaska Digestive Technology, Limited Liability Company (LLC)
Palmer, Alaska
POSITION STATEMENT: Testified on HB 328.
PAUL BARNES
Gustavus, Alaska
POSITION STATEMENT: Testified in support of HB 328.
RUSS MADDOX
Seward, Alaska
POSITION STATEMENT: Testified in support of HB 328.
RAY SENSMEIER, Tribal Council Member
Yakutat Tlingit Tribe;
First Grand Vice President
Alaska Native Brotherhood (ANB)
Yakutat, Alaska
POSITION STATEMENT: Testified in support of HB 328.
KRISTEN SMITH, Executive Director
Copper River Watershed Project
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 328.
ROBERT RUFFNER, Executive Director
Kenai Watershed Forum
Soldotna, Alaska
POSITION STATEMENT: Testified in support of HB 328.
RICHARD HAHN
Soldotna, Alaska
POSITION STATEMENT: Testified in support of HB 328.
THOMAS BOEDEKER, Manager
City of Soldotna
Soldotna, Alaska
POSITION STATEMENT: Testified in support of HB 328.
BENJAMIN JACKINSKY
Kasilof, Alaska
POSITION STATEMENT: Testified in support of HB 328.
KURT HERSCHLEB, Member
Cordova District Fishermen United
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 328.
CATHERINE CASSIDY
Kasilof, Alaska
POSITION STATEMENT: Testified in support of HB 328.
ERIK HUEBSCH
Kasilof, Alaska
POSITION STATEMENT: Testified in support of HB 328.
PAUL SHADURA, II, Executive Director
Kenai Peninsula Fishermen's Association;
Member, Kenai/Soldotna Fish & Game Advisory Committee
Soldotna, Alaska
POSITION STATEMENT: Testified in support of HB 328.
MERLE THOMPSON
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 328.
PAULA TERREL, Water Quality Issues Coordinator
Alaska Marine Conservation Council
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 328.
MATT SHADLE, Member
Homer City Council
POSITION STATEMENT: Testified in support of HB 328.
DONALD BREMNER, Natural Resources Coordinator
Southeast Inter-Tribal Fish and Wildlife Commission
Juneau, Alaska
POSITION STATEMENT: Testified on HB 328.
ACTION NARRATIVE
CO-CHAIR BILL THOMAS called the House Special Committee on
Fisheries meeting to order at 8:24:24 AM. Representatives
Elkins, Salmon, Harris LeDoux, and Thomas were present at the
call to order. Representative Kapsner arrived as the meeting
was in progress.
HB 328-BAN MIXING ZONES IN SPAWNING AREAS
[Contains discussion of SB 225, the companion bill]
8:34:20 AM
CO-CHAIR THOMAS announced that the only order of business would
be HOUSE BILL NO. 328, "An Act prohibiting mixing zones in
freshwater spawning waters."
REPRESENTATIVE HARRIS moved to adopt CSHB 328, Version 24-
LS1273\L, Bullock, 1/23/06, as the working document. There
being no objection, Version L was before the committee.
REPRESENTATIVE PAUL SEATON, Alaska State Legislature testifying
as prime sponsor of HB 328, called the committee's attention to
the new language on page 2, lines 6-10, which allows for a
municipal wastewater mixing zone once authorized to continue
throughout the useful life of the facility, invasive fish
species not precluding; and page 2, line 12 which provides a
revised definition of [spawning] "area". He explained that in
current departmental regulations spawning area is defined as
"the time when the fish are depositing eggs," and in Version L
it's defined as a "physical area [which is] protected for all
the time" that the fish are spawning, eggs are incubating in the
gravel, and through the early stages of development. Responding
to a question he said that the bill defines the physical
spawning area to include the entire time that the fish, eggs, or
young are present. He also pointed out the recently arrived
letters of support, in the committee packet, from the cities of
Palmer and Valdez, the Kachemak Bay Conservation Society, and
the Southeast Dive Fisheries Association.
8:39:17 AM
LYNN TOMICH KENT, Director, Division of Water, Department of
Environmental Conservation (DEC), directed the committee's
attention to DEC's additional written comments in the bill
packet, including a letter of response to the committee's
questions from the previous hearing [January 20, 2006]. In
response to a question, she clarified that DEC opposes HB 328,
and pointed out that the packet contains the department's
specifically listed reasons for that opposition.
8:40:55 AM
CO-CHAIR LEDOUX asked:
Would it be fair to say that, while [DEC] feels that
the bill is not necessary, in light of the recent
regulations, that the department sees nothing in the
bill which would actually hurt either sports fishing,
subsistence fishing or commercial fishing.
MS. KENT stated:
The department is opposed to the bill for multiple
reasons, in part because the bill goes beyond what we
[DEC] feel is necessary in order to protect fish. We
think that there is sound science available ... that
allows us to, in certain circumstances, authorize
mixing zones without having a negative impact upon
fish, and that the bill goes beyond what is necessary;
to the point where it can actually harm economic and
social development in communities.
CO-CHAIR LEDOUX asked again, "Is it fair to say that the
department sees nothing in the bill which would harm" the
fishing industries.
MS. KENT responded, "I don't believe so."
8:42:14 AM
REPRESENTATIVE KAPSNER asserted that this bill focuses heavily
on salmon and commercial users, and reminded the committee that
federal law mandates subsistence use to be the highest priority.
As a policy making group, she questioned whether the legislature
should reflect the federal priority for compliance purposes.
She said that she is "wondering [that] if, by this regulation,
we're [Alaska Legislature] trying to subvert federal intent for
prioritization of resources."
MS. KENT responded that the regulations adopted by DEC are
protective of all fish species. She conceded that the
regulations may appear to focus on salmon, due to their economic
benefit to the state, but maintained that the regulations "do
meet our mandate to protect all species of fish."
REPRESENTATIVE KAPSNER commented that, while salmon are of a
huge economic benefit to the state, the other fish species
represent a parallel importance to Alaska's subsistence users
and should be equally protected.
8:44:15 AM
REPRESENTATIVE ELKINS inquired whether this bill would have an
impact on the Alaskan mining industry.
MS. KENT replied that with the passage of HB 328, 32 placer
mines currently operating under temporal mixing zone permits
would not receive re-authorization by DEC. To a further
question, she stated that the bill should not be considered a
"one industry" bill as it also affects domestic wastewater
dischargers, and drinking water facilities that have a
wastewater discharge, as well as placer mines and future
industries.
8:45:34 AM
NORMAN KROENING, Owner, Alaska Digestive Technology, Limited
Liability Company (LLC), described the sewage treatment project
that his company initiated in Kotzebue three years ago, funded
by a grant from Village Safe Water. He explained how, four
months after the introduction of non-pathogenic organisms into
the cities discharge system, Kotzebue was able to minimize its
municipal sewage concerns by effectively eliminating 80 percent
of the waste solids along with 100 percent of the associated
odors, grease, and oil in its sewage lagoon. Based on the
success of the Kotzebue project, this patented process has been
implemented in villages across Canada, and he questioned why the
technology is being overlooked as a means to mitigate the Valdez
and Palmer mixing zone issues. Although DEC has received full
disclosure from Alaska Digestive Technology LLC, regarding the
Kotzebue project, he maintained that the department officials
have withheld the information from the committee, and have
remained unwilling to acknowledge his company's technology as a
more cost effective, and environmentally sound alternative to
the status quo of mixing zones.
8:53:30 AM
PAUL BARNES, commercial salmon fisherman, stated his support of
HB 328, and he pointed out that the Alaskan Constitution
provides a mandate for protection and conservation of fish
resources in a sustainable manner for current and future
generations. He recalled that when the administration proposed
regulatory changes in 2004, over 2,000 Alaskans responded, of
which 95 percent opposed the rule changes. Also, under the
latest DEC proposal, over 450 citizens responded, with the same
percentage opposed. Additionally, he reported that, to his
knowledge, industrial development has not been hindered under
the existing DEC regulations. With the salmon fisheries
currently on the rebound, he expressed concern for imposing
regulatory changes that could have a negative impact on the
salmon industry. Finally, he noted the importance of protecting
other species of fish as provided for in HB 328.
8:55:28 AM
RUSS MADDOX stated his support for HB 328, and said:
The DEC approving of [mixing zones] and allowing
pollution in the streams [is] similar to the health
department allowing [the use of] your favorite stew
pot for a honey bucket ... as long as you rinse it
out.
8:56:14 AM
RAY SENSMEIER, Tribal Council Member, Yakutat Tlingit Tribe;
First Grand Vice President, Alaska Native Brotherhood (ANB),
stated his support for HB 328, and he said that the Native
entities he represents have submitted resolutions opposing
mixing zones. He pointed out that over half of Alaska's streams
have yet to be documented as anadromous, which raises the
concern that once a permit is allocated [on a non-documented
watershed], revocation may not be possible and the "damage would
already have been done." He opined that with the price of
precious metals on the rise and given the extensive activities
of the oil industry in Alaska, significant impacts will be
incurred [on Alaskan watersheds] without the protection of this
bill.
8:58:10 AM
KRISTEN SMITH, Executive Director, Copper River Watershed
Project, stated support for HB 328, and he reported that the
salmon industry generates a per annum average of $20 million to
the economic base of the Cordova area. She noted that the fish
are a public resource that should be managed for the benefit of
the public, and allowing mixing zone pollution in public waters
does not satisfy a public benefit. Also, she pointed out that,
under temporal use management, residual hydrocarbon pollutants
would be present and harmful in a stream throughout the year,
proving a detriment to the health of the developing salmonids.
She highlighted the overwhelming public opposition to the
proposed DEC regulations.
9:01:40 AM
ROBERT RUFFNER, Executive Director, Kenai Watershed Forum,
stated support for HB 328, and he asserted: the municipalities
have passed resolutions in opposition to mixing zones, and
adopted appropriate regulations; the public have expressed
widespread opposition; and the governor has indicated, in his
2006 State of the State Address, that the people have been
heard. He begged to understand why these [DEC] regulations have
gone forward.
9:03:31 AM
RICHARD HAHN stated support for HB 328, and he expressed concern
whether, given the passage of HB 328, and SB 225, there would be
enough votes to override a possible veto by the governor.
Referencing Commissioner McKie Campbell's testimony [January 20,
2006], he restated the commissioner's question, "What would
happen if these bills were not successful?" He pointed out that
Alaskans should learn lessons from around the globe where
industrial companies are contaminating major rivers, and also to
take note of who pays the bills for watershed restoration. He
also referenced the recent court case in which the Board of Fish
and Game knowingly violated their own regulations regarding wolf
control, and asked, "What would prevent DEC from similarly
violating its own promulgated pollution mixing zone
regulations?" Finally, he noted the recent West Virginia coal
mining tragedy stating:
The mining companies simply paid the small fines for
safety violations, and continued to operate, killing
people. Ergo, I would hope that HB 328 and SB 225
have sufficient penalties to discourage violations of
banned pollution mixing zones by unscrupulous
developers.
9:05:59 AM
THOMAS BOEDEKER, Manager, City of Soldotna, stated support for
HB 328, and he pointed out that the City of Soldotna has adopted
a resolution opposing mixing zones in anadromous fish spawning
areas. Furthermore, the bill is in accord with the needs of the
municipality.
9:06:59 AM
BENJAMIN JACKINSKY, set-net fisherman, stated support for HB
328, and he noted that the public has made it clear that mixing
zones should be limited. He said that this bill supports the
public's wishes by providing a permanent statute. He pointed
out that each year he pays a two percent tax on his fishing
income to aid in fishing enhancement, and to that end, it is in
his best interest to see that mixing zones are well regulated.
Furthermore, the wild Alaskan salmon market would be discredited
if the rearing waters for the salmon are compromised by the use
of mixing zones. He stressed that clean water is essential to
protect the fish and ensure their continued marketability.
9:08:13 AM
KURT HERSCHLEB, Member, Cordova District Fishermen United,
stated support for HB 328, and he pointed out that it would be
foolish and shortsighted not to protect the environmental
interests, as the purity of Alaska's environment will become
more valuable by virtue of scarcity and rarity.
9:09:24 AM
CATHERINE CASSIDY stated support for HB 328, and she stressed
that mixing zones "tend to turn into a public subsidy of
industry." She highlighted how tax dollars are used routinely
to cleanup, mitigate, or restore the downstream results of
industrial mixing zones. Further, she said that mixing zones in
freshwater fishing streams would jeopardize subsistence,
personal use, tourism, and commercial fishing industries. She
urged the committee to move the bill forward.
9:10:27 AM
ERIK HUEBSCH, commercial fisherman, stated support for HB 328,
and SB 225, and he reported that, in 2004, the Environmental
Protection Agency (EPA) issued over 3,000 fish consumption
advisories, across 48 states, alerting residents of the
potential health risks associated with eating contaminated fish.
He maintained that the numbers of fish advisories issued are on
the rise, and expressed concern that watersheds in Alaska may
one day receive similar postings. He recommended that the
language in both bills be strengthened to protect vital fish
rearing habitat. In closing he stated:
I think this administration is so beholding to big
industry that if the Exxon Valdez spill happened today
you could bet ... [Governor] Murkowski would declare
Prince William Sound a 'mixing zone.'
9:12:19 AM
PAUL SHADURA, II, Executive Director, Kenai Peninsula
Fishermen's Association, Member, Kenai/Soldotna Fish & Game
Advisory Committee, stated support for HB 328 and he paraphrased
from a statement, which read as follows [original punctuation
provided]:
The Kenai Peninsula Fishermen's Association is a Cook
Inlet Fisheries Association. We have operated as a
voice for the industry for over 50 years. Primarily a
set-net organization, we do represent members who are
drift fishermen, crewmembers, and other local
businessmen.
We do support HB 328 and SB 225 at this time, though
we feel the regulatory process is the preferred way,
unfortunately DEC and DNR remains uncooperative in
responding and working with the public on refining
current regulations.
We have requested a consistency review for other
statutory and regulatory language that contradicts
current mixing zone regulations, and question such
regulations and statutes that might supersede.
We still remain confused to the role ADF&G has in
protecting the aquatic resources for sustainability or
development, and we believe the department has a
limited role. We believe that this violates the
public trust provisions and we would prefer a primary
or equal role by the department to ensure access by
the aquatic resource users.
9:14:06 AM
MERLE THOMPSON, fisherman, stated support for HB 328, and he
explained that, in dealing with state agencies, it is important
to understand the "law of diminishing reality," to wit:
It's like an upside down bottle of good wine with the
cork in it. You've got your scientists and your
biologists in the body of the wine bottle, which we
haven't heard very much from; you've got the bottle
neck, which [represents the] department heads at DEC
and Habitat [OHM&P]...; you've got your cork in the
bottle, which [represents] the commissioners; and then
you've got the placer of the cork, which is the
governor. You're not going to get any of the good
science out of the bottle as long as the cork is in
it.
MR. THOMPSON stated that he has consulted with a number of
fisheries biologists recently, including one of the leading
specialists on chemical toxins related to mining and oil
industries, and each agreed that the proposed DEC regulations
are a bad idea. Relating the life cycle of various fish
species, he explained that the pollutants run downstream and
will affect the developing fish. He maintained that relevant
scientific information has not been brought forward and offered
statistics from the EPA, which holds hard rock mining companies
as the top producers of industrial toxic waste. The cost to
cleanup mining sights is very high, and he said:
The Government Accounting Office (GAO) has actually
chastised recently the EPA for "weak federal
oversight, illegal loopholes, and corporate shills,
that compound the [cleanup] cost, and increase the
chances that mining companies can walk away from
cleaning up these messes.
MR. THOMPSON explained how the cyanide process, used by placer
miners, creates a myriad of toxic and radioactive substances,
particularly in wet or cold climates, which require difficult if
not impossible containment measures. He cited several mining
companies which have caused significant environmental damage due
to toxic waste discharge or containment failure. In closing, he
described the failure of the DEC approved tests and standards
used to detect and mitigate coal bed methane's (CBM's), thus
creating a recent crash in the trout populations of the Rocky
Mountain States.
9:21:31 AM
PAULA TERREL, Water Quality Issues Coordinator, Alaska Marine
Conservation Council (AMCC), stated support for HB 328, and she
said that there is a need for this legislation due to the long
running controversy over the use of mixing zones in spawning
streams. She opined that enacting statute is the best option.
9:23:32 AM
MATT SHADLE, Member, Homer City Council, stated support for HB
328, and SB 225, and he said that Homer also has passed a city
resolution to deal with mixing zone issues. He offered applause
for the politicians who support these bills.
9:25:15 AM
DONALD BREMNER, Natural Resources Coordinator, Southeast Inter-
Tribal Fish and Wildlife Commission, noted that hooligan [smelt]
were not specified in HB 328. He stated that, although DEC's
testimony purports that: "This bill, if passed, would affect
streams, and rivers, and lakes that don't have any of these
species present. But [he said] I don't see where that is in the
[proposed] regulations." He stressed the need to expand this
bill for increased water quality protection in anticipation of
utilizing Alaska's pristine, non-anadromous freshwater streams
as supply sources for the world market, bulk-water supply
industry; a heretofore unrealized prime resource.
9:27:14 AM
CO-CHAIR THOMAS pointed out the recent arrival of a letter from
Southeast Alaska Conservation Council (SEACC) supporting HB 328,
and also a letter of opposition from the Council of Alaska
Producers.
9:27:46 AM
CO-CHAIR LEDOUX moved to report CSHB 328, Version 24-LS1273\L,
Bullock, 1/23/06, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 328(FSH) was reported out of the House
Special Committee on Fisheries.
9:28:16 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 9:28
a.m.
| Document Name | Date/Time | Subjects |
|---|