04/05/2006 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB386 | |
| HB328 | |
| HB464 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 464 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 328 | TELECONFERENCED | |
| += | HB 386 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 5, 2006
1:23 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Co-Chair
Representative Ralph Samuels, Co-Chair
Representative Carl Gatto
Representative Gabrielle LeDoux
Representative Kurt Olson
Representative Paul Seaton
Representative Harry Crawford
MEMBERS ABSENT
Representative Jim Elkins
Representative Mary Kapsner
COMMITTEE CALENDAR
HOUSE BILL NO. 386
"An Act making uniform throughout the state the deadline for
certain exploration expenditures used as credits against the
production tax on oil and gas produced from a lease or property
in the state by extending to July 1, 2010, the deadline for
those expenditures on leases or properties located north of 68
degrees, 15 minutes, North latitude."
- MOVED CSHB 386(O&G) OUT OF COMMITTEE
HOUSE BILL NO. 328
"An Act prohibiting mixing zones in freshwater spawning waters."
- HEARD AND HELD
HOUSE BILL NO. 464
"An Act relating to the possession of the edible meat of big
game animals."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 386
SHORT TITLE: EXTEND NORTH SLOPE SEVERANCE TAX CREDIT
SPONSOR(s): REPRESENTATIVE(s) KOHRING
01/20/06 (H) READ THE FIRST TIME - REFERRALS
01/20/06 (H) O&G, RES, FIN
02/23/06 (H) O&G AT 5:00 PM CAPITOL 124
02/23/06 (H) NATURAL GAS PIPELINE INCENTIVE/ GAS TAX
03/02/06 (H) O&G AT 5:00 PM CAPITOL 124
03/02/06 (H) NATURAL GAS PIPELINE INCENTIVE/ GAS TAX
03/07/06 (H) O&G AT 5:30 PM CAPITOL 124
03/07/06 (H) Scheduled But Not Heard
03/08/06 (H) O&G AT 6:00 PM CAPITOL 124
03/08/06 (H) Scheduled But Not Heard
03/16/06 (H) O&G AT 5:00 PM CAPITOL 124
03/16/06 (H) Moved CSHB 386(O&G) Out of Committee
03/16/06 (H) MINUTE(O&G)
03/17/06 (H) O&G RPT CS(O&G) NT 1DP 3NR
03/17/06 (H) DP: KOHRING;
03/17/06 (H) NR: SAMUELS, DAHLSTROM, ROKEBERG
03/31/06 (H) RES AT 1:00 PM CAPITOL 124
03/31/06 (H) Heard & Held
03/31/06 (H) MINUTE(RES)
04/05/06 (H) RES AT 1:00 PM CAPITOL 124
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
01/27/06 (H) Moved CSHB 328(FSH) Out of Committee
01/27/06 (H) MINUTE(FSH)
01/30/06 (H) FSH RPT CS(FSH) 3DP 2NR
01/30/06 (H) DP: KAPSNER, SALMON, LEDOUX;
01/30/06 (H) NR: ELKINS, THOMAS
04/03/06 (H) RES AT 2:00 PM CAPITOL 124
04/03/06 (H) <Bill Hearing Postponed to 04/05/06>
04/05/06 (H) RES AT 1:00 PM CAPITOL 124
BILL: HB 464
SHORT TITLE: WANTON WASTE OF BIG GAME
SPONSOR(s): REPRESENTATIVE(s) CROFT
02/13/06 (H) READ THE FIRST TIME - REFERRALS
02/13/06 (H) RES, JUD
04/05/06 (H) RES AT 1:00 PM CAPITOL 124
WITNESS REGISTER
REPRESENTATIVE VIC KOHRING
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 386 as sponsor.
SYLVIA KAZILNAROWIZC
Ekwok, Alaska
POSITION STATEMENT: Testified in support of HB 328.
HENRICK WESSEL, Environmental Officer
Golden Valley Electric
Fairbanks, Alaska
POSITION STATEMENT: Testified that HB 328 will not impact
thermal mixing zones.
FRANCIS NELSON
Koliganek, Alaska
POSITION STATEMENT: Testified in support of HB 328.
PAUL SHADURA, Executive Director
Kenai Peninsula Fishermen's Association
Kenai Peninsula
POSITION STATEMENT: Testified in support of HB 328.
STEVE BORELL, Executive Director
Alaska Miners Association
POSITION STATEMENT: Testified in opposition to HB 328.
DALE NELSON, Chair
Legislative Liaison Committee
Alaska Professional Design Council
POSITION STATEMENT: Testified in support of good science.
RICHARD HAHN
Soldotna, Alaska
POSITION STATEMENT: Spoke in opposition to changes in HB 328.
ROLAND MAW
United Cook Inlet Drift Association
Kenai Wild
POSITION STATEMENT: Testified to the omissions in HB 328.
SHAWN DOCHTERMANN
Fisherman
POSITION STATEMENT: Testified in support of HB 328.
DAN DUNAWAY
Retired Fisheries Biologist
Dillingham, Alaska
POSITION STATEMENT: Testified in support of HB 328.
ANDREW DEVALPINE, Director
Coastal Resource Service Area
And Bristol Bay Fisherman
POSITION STATEMENT: Testified in support of the intent of HB
328.
KRISTIN SMITH, Executive Director
Copper River Watershed Project
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 328.
THOMAS PEBLER
Sport Fisherman
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 328.
KATE TROLL
Alaska Conservation Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 328.
GARVAN BUCARIA
Matanuska-Susitna Valley
POSITION STATEMENT: Testified in support of HB 328.
MYRL THOMPSON
Susitna Valley, Alaska
POSITION STATEMENT: Testified in support of HB 328.
REPRESENTATIVE ERIC CROFT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 464 as sponsor.
JOE KLUPSCH
Alaska Professional Hunters Association
POSITION STATEMENT: Testified in support of the concept of HB
464.
ACTION NARRATIVE
CO-CHAIR RALPH SAMUELS called the House Resources Standing
Committee meeting to order at 1:23:31 PM. Representatives
Ramras, Seaton, LeDoux, Samuels, and Crawford were present at
the call to order. Representatives Gatto and Olson arrived as
the meeting was in progress.
HB 386-EXTEND NORTH SLOPE SEVERANCE TAX CREDIT
CO-CHAIR SAMUELS announced that the first order of business
would be HOUSE BILL NO. 386, "An Act making uniform throughout
the state the deadline for certain exploration expenditures used
as credits against the production tax on oil and gas produced
from a lease or property in the state by extending to July 1,
2010, the deadline for those expenditures on leases or
properties located north of 68 degrees, 15 minutes, North
latitude."
REPRESENTATIVE VIC KOHRING, Alaska State Legislature, presented
HB 386 as Sponsor and said the bill provides tax credits to the
oil and gas industry for drilling work and abandonment of work.
The credit will "apply toward a variety of payments to the State
of Alaska. Such payments are production taxes, what are called
bonus bids, lease rental payments, property taxes, corporate
income taxes." He said he hopes it will provide a major
incentive to invest in Alaska. The bill adjusts the law that is
going to expire in 2007 and extends it to 2010. He said the
legislature should pass it now so the companies can plan
accordingly. He said HB 386 is strongly supported by the
industry, particularly Anadarko Petroleum Corporation and BG
North, who said it is in Alaska because of the credits.
1:26:37 PM
REPRESENTATIVE KOHRING said these credits were addressed in the
committee substitute to HB 488, which might not be included in
the final bill. It is important that the industry have these
[credits] to offset the taxes of HB 488, he stated.
1:27:31 PM
CO-CHAIR SAMUELS said these were referred to as "the SB 185 tax
credits" in the CS, which came from Representative Kohring.
REPRESENTATIVE KOHRING said his staff worked on creating the
credits.
CO-CHAIR SAMUELS said he is not going to offer an amendment. If
HB 488 doesn't pass, "then I don't have a problem as much with
being able to take these tax credits off of the income property
taxes, because, quite frankly, they're not used that much.
These are for true explorers." He said he will be sending a
letter from the House Resources Standing Committee to the House
Finance Committee to say his committee has not changed its
position on HB 488 "on not being able to take these credits
against income and property taxes in the big scheme of things.
If you're going a big tax reform bill, but we still thing the
income tax and the property tax should not have this as a credit
against that, but if it is a stand-alone piece of legislation,
the implications are far less severe."
1:29:30 PM
REPRESENTATIVE SEATON said these credits under this bill are not
tradable, but they would be under HB 488. If it is only
allowable against production tax, "you're going to have to wait
until you go into production, so I think it's reasonable for
this tax but not the other."
1:30:02 PM
CO-CHAIR SAMUELS said it is a different scenario if HB 488 and
SB 305 fail.
REPRESENTATIVE SEATON moved to report CSHB 386 (O&G) out of
committee with individual recommendations and the accompanying
fiscal notes and the accompanying letter. Hearing no
objections, it was so ordered.
The committee took an at-ease from 1:31:28 PM to 1:32:49 PM.
HB 328-BAN MIXING ZONES IN SPAWNING AREAS
CO-CHAIR RAMRAS announced that the next order of business would
be HOUSE BILL NO. 328, "An Act prohibiting mixing zones in
freshwater spawning waters."
REPRESENTATIVE SEATON said the committee substitute (CS) for HB
328 clarifies that the Department of Environmental Conservation
(DEC) makes determinations with the concurrence of the
Department of Natural Resources (DNR). It is a small change on
Page 2, line 19 from the previous version.
REPRESENTATIVE SEATON moved to adopt CSHB 328, labeled 24-
LS1273\C, Bullock, 4/5/06 as a working document. Hearing no
objections, Version C was before the committee.
1:34:20 PM
REPRESENTATIVE SEATON said there are a couple of changes from
the House Special Committee on Fisheries version of HB 328.
Village Safe Water projects are allowed to have mixing zones
that are approved by a municipal wastewater treatment facility.
He referred to Page 3, line 7, which includes the definition of
village, which allows for the safe water projects to also remain
in effect if they are later invaded by one of the species listed
in the bill. "So they would be then treated the same as
municipal wastewater treatment facilities."
1:36:06 PM
REPRESENTATIVE SEATON said the CS also exempts the current
mechanical or suction dredge placer mine mixing zones until they
come up for reauthorization. At that time the mines will be
restricted to 500-foot mixing zone that are 500 feet apart. He
said it addresses mining operations that are currently legal.
He noted that a question came up about thermal discharges, but
mixing zones do not cover those discharges.
1:37:22 PM
REPRESENTATIVE SEATON said the bill goes back to the state's
1995 prohibition of mixing zones in spawning streams for
anadromous or resident fish that create redds. He said there
has been some confusion about broadcast spawners, which are not
included in the bill. He said there has been consternation
about turbidity mixing zones, and "actually there is nowhere in
statute that allows that." This bill will give statutory
guidance and authority for the small placer miners with regard
to turbidity. The CS provides the requirements for turbidity,
which will be handled by DEC in concurrence with DNR. In the
designated special areas, ADF&G will need to concur.
1:39:27 PM
REPRESENTATIVE SEATON said that the CS defines "area" as the
physical location where spawning occurs, "so other than the
exception for the turbidity mixing zone, which are contained in
section C, we're talking about a physical area, not a timing.
It also includes lakes, streams, rivers and other flowing
water." He said that under the constitution, the state must
look out for all Alaskans, and the new regulations only deal the
long-term productivity of anadromous fish, and do not consider
resident fish-valuable for sport, commercial and subsistence
uses. The species are listed, so not every fish in the state is
included. He said it doesn't include sticklebacks, for example.
He said hundreds and hundreds of people have objected to the
changes proposed by the Department of Environmental
Conservation, and this bill serves the people of Alaska and
protects the living resources of the state, "as we are charged
to do."
1:41:20 PM
REPRESENTATIVE GATTO asked about northern pike and if it is
introduced in some areas.
REPRESENTATIVE SEATON said they are indigenous in some areas and
"relied on" by people.
REPRESENTATIVE GATTO said in some areas they are being
eradicated, and he asked how the bill will affect those efforts.
REPRESENTATIVE SEATON said the legislation only deals with
mixing zones and has no impact on catch or eradication.
1:42:55 PM
SYLVIA KAZILNAROWIZC said she is from the Bristol Bay area of
Alaska, and she said mixing zones in a spawning area is not a
good idea. She said waste from mines would pollute the water.
She spoke of the potential pebble mine, and pollution from the
mine may affect her community; it is a very bad idea.
HENRICK WESSEL, Environmental Officer, Golden Valley Electric,
said the bill does not apply to thermal mixing zones, and it
will not impact his company.
1:45:45 PM
FRANCIS NELSON said she lives in Koliganek on the Nushagak
River. She said the 2006 mixing zone regulations don't require
monitoring of all water bodies. The people in her village rely
on freshwater fish, including pike, whitefish, grayling, rainbow
trout, and Dolly Varden. She said it is shared with family.
She said all the important habitat has not been identified, and
a permit applicant, like Northern Dynasty, can't do studies on
the entire river bottom. She said the mine would impact many
streams, and there is much habitat that must be studied and
documented. The current regulations lower the level of
protections. She noted that on the Nushagak the fish are very
fresh, and won't be if the water is poisoned by tailings.
1:49:03 PM
MS. NELSON said her son spoke of a famine and asked what would
happen if they no longer had their Native foods. "He knows that
our way of life is being threatened." She spoke of a very old
story of being careful of what goes into the river. There would
come a day when the people of the village would be threatened by
someone trying to destroy the river and its fish. She said the
mixing zone regulations were written to permit open pit mining.
Who do our leaders serve, Canadian mining companies or Alaska
residents? she asked. She said the bill will protect her fish.
She said she values land, water, air, wildlife, fish and, above
all, human health.
1:51:16 PM
PAUL SHADURA, Executive Director, Kenai Peninsula Fishermen's
Association, said his group supports HB 328. He said he has
been very vocal with DNR and DEC to come up with a resolution in
the regulatory process, but the adopted regulations have some
glaring inequities in the regulations and the memorandum of
understanding (MOU) from January 26, 2006. He said the
enforcement actions or overview actions for the MOU between the
departments aren't very clear. "We feel that in a legislative
statute format that the departments would clarify and the
legislature would be able to identify certain operations and
moneys that would be necessary to overview these programs." He
said the habitat division in DNR does not have the required
personnel or a plan to put the regulations in place. He
expressed concern that ADF&G's role is limited to "special-use
areas" and is only allowed to comment.
1:54:01 PM
STEVE BORELL, Executive Director, Alaska Miners Association,
said he opposes the bill and it targets mining; it is a blatant
attack on the industry and a significant challenge for villages.
"What is the demonstrated problem that needs to be fixed?" He
said the new regulations are restrictive and, "make this statute
a moot point." It will have major adverse impacts on miners and
rural communities. The bill's author implies that HB 328 will
have no impacts beyond the most recent past. He does not agree
with that. There are other types of discharges that will be
affected, he opined. The intent of the CS, on the surface,
won't impact placer mines, but that is not the case, he said.
The bill adds criteria that would preclude the use of mixing
zones. "The changes merely move the death sentence for placer
mines three to four years into the future when the current
general permit will expire." Current regulations include an
absolute prohibition of mixing zones in salmon spawning areas,
and the CS adds further restrictions for anadromous fish. "By
specifying only one of many water quality criteria in this bill
in this case, turbidity, the bill eliminates any opportunity for
a mixing zone for any other water quality criteria."
1:57:16 PM
MR. BORELL said turbidity is one of many that must be addressed
before a mixing zone is issued. It is an indicator for the
other criteria in current regulations, but the bill only
mentions turbidity. "The mixing zone will not be allowed for
other constituents and once the current permit expires, a new
permit is required, and the placer miners that needed one would
be eliminated." He said the bill expands existing regulations
by including two illogical limitations to the length of mixing
zones. The first limitation is that a mixing zone would not be
able to extend beyond 500 feet. He said Lynn Kent of DEC said
32 placer mines have mixing zones, and 28 of those would have to
close because their mixing zones are longer than 500 feet.
1:59:21 PM
MR. BORELL said that new placer mines would also be forced to
close. He said the CS includes an illogical and arbitrary
limitation on the distance between mixing zones. "What new
science would now require that they must be 500 feet apart?" He
asked about suction operation separated by a 200-foot island and
having discharges flowing "over a mile or more."
2:00:38 PM
MR. BORELL said the bill doesn't not give any consideration to
load mining. The load sources are discovered after the placer
gold deposits, like at Goodnews Bay. He said he hopes the
Calista Corporation finds load sources. This bill contains many
serious problems for municipalities and villages, he stated.
Most will require continuous discharges in spawning areas. The
loopholes for existing permits "do not provide the leeway that
they appear to address." He asked about municipalities that do
not meet the exception provided in the bill, but due to growth,
expand their wastewater facilities where they would need a new
permit for a mixing zone, but no longer would be exempt.
2:02:44 PM
MR. BORELL said dozens of villages without current discharge
permits will be forced to have a mixing zone, adn EPA knows that
many villages do not meet the current law, but it has not been
politically correct for EPA to cite them. He said environmental
lawsuits will force villages to shut down their sewage systems.
DEC does not know how many villages will need mixing zones, he
said. He said villages will have to be abandoned.
2:04:23 PM
CO-CHAIR RAMRAS asked how many of the placer miners are in the
interior.
MR. BORELL said that's where placer mining takes place.
2:05:04 PM
DALE NELSON, Chair, Legislative Liaison Committee, Alaska
Professional Design Council, said the CS eliminates the use of
good science, and there are regulations that pertain to water
quality standards, fish and game, and natural resources. He
said he supports good science.
2:06:40 PM
RICHARD HAHN, Soldotna, said section 46 sounds like the
committee has given control of mixing zones back to DEC, and it
doesn't give him any warm feelings. He said turbidity level can
be defined by DEC. He noted that a spawning stream is a
continuous fish hatchery, including spawning, egg incubation,
and rearing, and all states are susceptible to water quality.
In spite of the massive public objections, DEC promulgate their
regulations. He noted that the C version allows DEC to
adjudicate issues, and it is well-known that DEC and the
Murkowski administration are severely biased, as is the mining
industry. He suggests that DEC not have any responsibility for
adjudication for mixing zone issues.
ROLAND MAW said he was speaking for the United Cook Inlet Drift
Association, which represents 580 families, and for Kenai Wild,
a corporation for marketing high-quality salmon. High-quality
is defined by having special handling and processing as well as
organic, unpolluted salmon. He said Kenai Wild and other
regional brands have spent millions of dollars to market these
salmon. The high-quality message has worked, and such fish get
higher prices--double the price. He asked why smelt were left
off of the legislation. He listed areas with tens of thousands
of tons of smelt, and thinks the bill might have an oversight.
He spoke of them as a food source for fish, birds, and people.
2:12:42 PM
MR. MAW said it is quite disturbing that only on refuges will
ADF&G have any role in mixing zones. He has a huge disagreement
with that. He said ADF&G has a role in determinations and
adjudications, and it should be at the same level as DNR. He
said there needs to be a definition of "not adversely affect."
The fish marketed by Kenai Wild must not have pollution or
hormones in them, so would on adverse affect be the loss of the
European market? he asked. He asked if Kenai Wild would have
standing to sue because of the artifacts of pollution.
2:15:53 PM
REPRESENTATIVE SEATON said the list of resident freshwater fish
is currently in state regulations, and has been used since 1995.
The citation of DEC and its responsibility is within the
statutory guidelines and regulations. He said the terminology
of not adversely affecting salmon is only for the spawning and
rearing of fish, and not it is not referring to marketing.
2:18:15 PM
REPRESENTATIVE GATTO noted that smelts appear to be protected
based on previous DEC testimony.
2:19:35 PM
SHAWN DOCHTERMANN, Fisherman, said he owns a Bristol Bay permit
and he is a board member of Alaska Independent Fisheries
Marketing Association. He thanked the bill sponsors who are
standing up to the irrational plan to allow mining debris to be
dumped into salmon streams, and said it is important to "put our
foot down now." He said salmon provides protein for the world,
and he asked if a miner would be willing to drink water from a
stream with mining waste. He said water tables would have the
potential to be impacted. He noted that Bristol Bay region
subsistence, hunting, sport fishing and commercial fishing is
worth more than dollars. He said if only one tainted salmon
makes it to market, it can wreck the statewide salmon fishery
market forever. He said food is more important than metal. The
Kvichak River already has problems, and he doesn't want to see
it completely "killed." He asked the commissioner of ADF&G what
Jay Hammond would say about allowing mixing zones in salmon
streams. Salmon is the true Bristol bay gold. He said HB 328
will protect a way of life.
2:22:57 PM
DAN DUNAWAY, retired fisheries biologist, said he supports HB
328, and he referred to a American Fisheries Society letter. He
said the bill is designed to prevent problems so they don't need
to be fixed. The recent regulations of DEC attempt to
circumvent Alaska's traditional prohibition of mixing zones that
have been in place since 1995. It is tiresome to constantly
fight the administration's efforts to undermine the widely
supported prohibition. There have been huge public outcries in
support of protecting Alaska waters, he stated. He said he
believes that the issue of fish colonizing previously non-
existent waterways, such as ditches, are well accommodated
within the bill. He said he is concerned that the regulations
are too liberal for lakes, which allow 10 percent of the lake
surface to be used as a mixing zone. That could be very
harmless or very detrimental depending on what that 10 percent
covers, and he pointed out that sockeye, Alaska's most valuable
salmon, spawn in lakes. He said consultation with DNR and ADF&G
should be required, and that DEC is understaffed. He said he
supports the species list in the current bill.
2:27:10 PM
ANDREW DEVALPINE, Director, Coastal Resource Service Area (CSRA)
and Bristol Bay Fisherman, said he personally supports the
intentions and efforts behind HB 328. The board of the CSRA,
which constitutes four watersheds, also supports it.
2:28:14 PM
KRISTIN SMITH, Executive Director, Copper River Watershed
Project, said her group, which promotes sustainable economic
development, supports HB 328. She said the region relies on
salmon for subsistence, commercial and sport fishing, which
generate a total of $20 million annually. She said to look to
Oregon and Washington to see what happens with incremental
encroachments on salmon habitat. She said fish are a public
resource that must be managed for a public benefit, and it only
benefits the few to allow mixing zones. Mixing zones should be
banned from all spawning areas at all times of the year.
Spawning waters are a continuous rearing zone. She noted that
hydrocarbons break down into several forms and long term
residual poly-cyclic aromatic hydrocarbons are the most deadly
and the longest lasting. They cause reproduction malfunctions
in fish, so it is critical that the state manage waters for all
forms of pollution. She said spawning beds are an area, not a
point in time. She said there has been widespread public
opposition to the change in mixing zones. She spoke of the
perception of Alaska wild salmon, and not to harm that.
2:32:35 PM
REPRESENTATIVE SEATON asked for DEC to look at the fiscal note
for the CS, which does not invalidate permits, but requires the
change when the permit is due.
2:34:04 PM
THOMAS PEBLER said he sport fishes and he supports HB 328. He
pointed out that Alaska's fisheries are the finest in the world,
and they should not be compromised for sake of waste discharge.
The reason salmon are invaluable is because of the laws and
labor that has gone into maintaining their quality. To allow
additional mixing zones will defeat the original law.
"Mitigation and exemptions on the prohibition of mixing zones in
fish spawning habitat should be rejected absolutely. It is not
possible to adequately compensate for invaluable renewable
resources." He said other species are important and integral to
the aquatic ecosystem; plants, animals, fungus, and bacteria are
needed by fish. He noted that is would be futile to allow
mixing zones during periods between spawning; egg, fry, and
smolt, anadromous or not would be susceptible. One spill could
wipe out an entire generation or do further damage. He said
there is a lack of funding and staff to monitor mixing zones.
2:36:39 PM
KATE TROLL, Executive Director, Alaska Conservation Alliance,
presented a letter from Carl Rosier [original punctuation
provided]:
Since my arrival in Alaska in 1955, my professional
life has been devoted to the protection of Alaska's
fish and game resources. I spent 30 years working for
the Department of Fish and Game (ADF&G) and served as
the ADF&G Commissioner during Governor Hickel's
administration. I have been an active member of the
Territorial Sportsmen and the Outdoor Council and sat
on their boards.
After a life time of working to provide our fish with
healthy habitat and water quality, it is truly
disconcerting to witness the backsliding of our
historically strong fisheries management and
protective regulations and witness Alaska's world
renowned fisheries placed at risk.
At statehood, Alaska "took on" the management of the
state's fisheries. At the time, salmon runs were
badly abused. Alaska's strong constitutional mandate,
the implementation of tight management programs and
the essentially intact habitat - all contributed to
the return of healthy runs. Some systems took longer
than others to recover; some of the last ones to
recover were those whose habitat had been compromised.
In those early years of statehood and continuing into
future decades, Alaska's fisheries managers clearly
understood the critical role that habitat and water
quality play in the maintenance of healthy fish runs.
It was clear to them that the answer to pollution was
not dilution. All around us, we were witnessing the
coastwide loss of habitat. The Great Lakes are a
looming example of how dilution is not the answer to
pollution. People couldn't eat the fish, they couldn't
swim in the lakes. Rather, the Great Lakes have left
a legacy of pollution and a clean-up bill for our
generation and probably for several generations to
come.
It is disheartening that, in Alaska, we seem hell
bent on doing the same thing by creating these mixing
zones that place our fisheries resources at risk.
True, the demise of this little creek and that little
creek is not going to make much difference but, as the
state grows, we will see the pollution of these little
systems causing a cumulative effect on habitat loss
and total production.
Since 1995, state regulations have explicitly
prohibited mixing zones in freshwater areas where fish
spawn. This regulation was specifically adopted to
protect Alaska's fisheries and support Alaska's
constitutional mandate to protect and conserve fish
and game resources in a sustainable manner. It has
been a hallmark of Alaska's strong commitment to our
fisheries resources and it distinguishes Alaska's
resource management from those of other states.
Unfortunately, the Department of Environmental
Conservation's newly adopted regulations seriously
weaken this strict prohibition by permitting the
Department of Natural Resources(DNR) and, in some
limited cases, the ADF&G to "determine spawning areas
both temporally and spatially."
It is baffling to me that Alaska's resource managers
should now consider allowing mixing zones in spawning
areas when we know the history of what has happened
along the entire Pacific Coast with this kind of
misuse of water resources. Why get on this slippery
slope when we have a system that has worked?
During all my years with the Department of Fish and
Game, this would never have been allowed to occur.
True, there have been exceptions made under very
controlled conditions and that's acceptable; there's
nothing wrong with some exceptions along the way.
However, mixing zones were to be the exception and not
the rule.
It is especially short-sighted and dangerous to relax
the state restrictions, when the Habitat Division has
been moved from ADF&G to DNR. With this move, the
habitat authority and permit responsibility no longer
reside with the ADF&G. There is no loyalty to fish per
se in the DNR. The loyalty to that resource is with
Fish and Game; and the fish and those commercial,
sports and subsistence users who rely on healthy
fisheries resources lost big time when that move
occurred.
I have always been a supporter of the regulatory
process. I was proud of the strict prohibition on
mixing zones in spawning areas which were adopted in
regulation during my tenure with the Administration.
However, the newly adopted DEC regulations clearly fly
in the face of fisheries' and habitat protection and
do not reflect Alaska's constitutional mandate. This
is why I urge the Alaska legislature to pass House
Bill 328.
2:41:49 PM
GARVAN BUCARIA said he supports HB 328 and is concerned about
the effluent from placer and hardrock mining. He said the
proposed Pebble mine with sulfide-bearing metals will be toxic
to fish. He said he is concerned about the contamination of
fish habitat. He has worked in the hydro section of the Federal
Energy Regulatory Commission and spoke about a review of mercury
contamination that resulted from the removal of oxidized earth
and the felling of trees. In many waters of the nation there
are problems with the consumption of fish. He said he has had
involvement with acid mine drainage, and he spoke of the
opportunity for biological magnification. He said the Anchorage
Daily News spoke of methyl mercury and how ultraviolet light can
render it nontoxic. He said if water is clear-without
turbidity--sunlight penetrates and helps render metals nontoxic.
2:46:17 PM
MR. BUCARIA spoke of the need to protect upwelling areas for
salmon. He recommended a book called the Life of a Stream,
which discusses restoration. He said chlorine from swimming
pools kills everything for hundreds of yards downstream.
2:48:17 PM
MYRL THOMPSON, Susitna Valley, said a mining company in the
Philippines polluted a river, bay, and coral reef, and that
Canadian companies have a bad record. Mixing zone wastes flow
downstream and affect estuaries, which are critical to salmon.
He said the coal bed methane industry wants to take advantage of
mixing zones by discharging polluted water. He spoke of a study
by Trout Unlimited, which showed that such discharges have wiped
out macro-invertebrates and the trout dropped down to nothing.
He noted that the cyanide heat mining at Donley Creek will
create a lot of runoff into the rivers. "The sound science that
one of the speakers spoke of earlier, you're not hearing it," he
said. All fisheries biologists "have said that this is a very,
very bad deal." He said that Wilma Subra, a nationally-
recognized oil and gas waste expert, said that [allowing mixing
zones] is the worst thing Alaska could to do to its waters.
2:52:11 PM
[HB 328 was held over.]
HB 464-WANTON WASTE OF BIG GAME
CO-CHAIR RAMRAS announced that the final order of business would
be HOUSE BILL NO. 464, "An Act relating to the possession of the
edible meat of big game animals."
REPRESENTATIVE ERIC CROFT, Alaska State Legislature, Sponsor of
HB 464, said he grew up hunting and learned to salvage as much
of the animal as possible. He said most hunters do that, but
some trophy hunters don't use the meat. There are laws with
strict penalties to deal with that, but hunting is remote
activity, and it is difficult to catch someone who is wasting
meat. He said there is not enough enforcement as well. It is
difficult in the Kotzebue area, and it has created a lot of
tension, and the bill came from his visits to these areas.
2:55:51 PM
REPRESENTATIVE CROFT suggesting using the antlers to enforce
good meat salvage practices, by confiscating the trophy if an
insufficient amount of meat comes out of the field. If it is
done right, it will be much easier to enforce. Instead of having
a trooper in every other field, one only needs to check when
hunters come in from the field. The current wanton waste laws
have a complicated series of proofs. Excuses like
transportation problems and predators are difficult to prove.
But it would be simple to establish certain standard: if a
hunter doesn't have half the meat, he or she can't have the
horns. He said it would be difficult to write a rule that would
apply from Ketchikan to Kotzebue. He has provided varying
degrees of specificity, from requiring a set amount of meat to
allowing the Alaska Board of Game to set salvage requirements.
2:58:04 PM
REPRESENTATIVE CROFT said he wants the board to make regulations
where appropriate. He said without the required meat, no one
will need to hear any excuses. He said he has hunted all his
life and only once did a grizzly bear get part of an elk.
2:59:03 PM
REPRESENTATIVE CROFT spoke of four hunters coming into Kivalina
with 5 antlers from caribou and moose, and they had two medium-
sized game bags of meat. Villagers stopped them. The hunters
obviously didn't eat it on the way down, and the villagers were
mad. There was almost a fight. He said it happens over and
over in the Kotzebue area and elsewhere. He said he would like
a concept of developing a concept of using the desire for the
trophy as a tool for less wanton waste.
3:00:25 PM
REPRESENTATIVE LEDOUX asked if hunters have to go to a trooper
and show the horn or antlers and the meat.
REPRESENTATIVE CROFT said no; but the Board of Game can figure
out how it will be done. The concept is to keep the antlers and
the meat until arriving home to process the meat. He said
enforcement could catch them at the airport or anywhere hunters
were in transport.
REPRESENTATIVE LEDOUX said there is a limit of troopers, so how
would the hunters get caught?
REPRESENTATIVE CROFT said there are many ways, but one solution
would be to have a trooper in the Kotzebue airport. Currently,
a trooper would have to fly to the kill site; it would be a
criminal burden of proof. For true wanton waste, the state can
take a person's plane, he said. The bill will not weaken the
protections, but the times when it can't be proved, the hunter
will not get the horns. He said it is a no-fault deal. Maybe a
grizzly did get it, but the person will lose the trophy, and
will not be thrown in jail.
3:03:59 PM
CO-CHAIR SAMUELS agreed with the concept. He said currently a
hunter must salvage the meat and asked how the law works now if
a bear takes the meat. He said he has seen hunters that didn't
get picked up in Kodiak for five days due to weather and the
meat was spoiled. He asked if the hunters would have to bring
in the spoiled meat.
3:06:13 PM
REPRESENTATIVE CROFT said if the meat was bagged and a bear took
it, that would be a defense to the wanton waste statute. He
said exceptions can make a rule unfair. He said the Board of
Game is struggling with the regulation of transporters, and this
would be a more market-based approach-a conservative approach.
"I'm not going to over-regulate you, but if you bring hunters
out without...we are going to take their horns and we're going
to put a list of transporters and who's horn we've seized..."
He said transporters are carrying more than is allowed, "and you
could either mandate the number of clients they could have or
you could simply say 'you better check on your clients because
they're going to be really mad if you leave them in the field
too long and they lose their trophy'".
3:07:31 PM
JOE KLUPSCH, Alaska Professional Hunters Association, said, in
concept, he would support any regulation or action by the Board
of Game to deal with wanton waste. The Big Game Commercial
Service Board has discussed reporting requirements and the
amount of meat removed from the field. The board has had
testimony from Kotzebue and other areas. He is curious about
the public safety enforcement position on the bill. He said
there are current regulations that allow a trooper in the field
to cite a hunter for wanton waste, but there aren't enough
troopers. Wanton waste has extenuating circumstances, but too
often there is simply an excuse to leave meat. A trooper must
get to the site in time because ravens and bears work fast, he
said. His only potential reservation is that a person without
meat is presumed guilty. He said he would like the board to
address it and doesn't like the legislature dictating to the
board. He said everyone wants to eliminate deliberate wanton
waste, which is a big problem. He said his board is working on
bringing transporters into the issue.
[HB 464 was held over]
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 3:16 PM.
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