HOUSE BILL NO. 169 "An Act relating to certain fish; and establishing a fisheries rehabilitation permit." 2:37:38 PM REPRESENTATIVE MIKE CRONK, SPONSOR, reviewed the bill. He read from prepared remarks. 2:40:52 PM DAVE STANCLIFF, STAFF, REPRESENTATIVE MIKE CRONK, noted that the option under the bill would be optional. He reviewed the sectional analysis (copy on file): Sec. l - AS 16.0S.8S5 Creates a new section in AS 16.05 to create a fisheries enhancement permit. AS 16.05.855 consists of the following subsections: (a) Creates a new subsection for the activities that are allowed under the new fisheries enhancement permit: (I) Remove fish from water, collect gametes and milt, fertilize and incubate eggs, and place fertilized eggs or un-fed fry back in the same water (2) Enhance habitat in state water for survival of the fish (b) Creates a new subsection that prescribes an application form created by the department that states what type of information must be on the application to obtain a fisheries enhancement permit. This information includes: (I) The applicant's name (2) Reasoning and feasibility of the proposed project (3) Documentation of conditions justifying project, any collaboration with local stakeholders, and any other permits required for the project (4) Locations of water in which applicant will take fish and place fertilized eggs or unfed fry (5) Species and number of fish taken from water (6) Applicant's management plan for propagation or repopulation in permitted water (7) Applicant's goals, schedule, scope of work, budget, means of data collection, plan for genetics management, plans for project evaluation, and watershed enhancement plan, if applicable (8) Application fee of$100 (c) Creates a subsection allowing the Alaska Department of Fish & Game (ADF&G) Commissioner to issue a permit after determining if a project: (1) May restore a fish population in a body of water where subsistence and escapement goals have not been met, where there are no established escapement goals and local stakeholders have identified a decline in fish populations, or the species of fish is limited (2) Will result in public benefits (3) Will not harm indigenous wild fish stocks (4) Will not place fertilized eggs or un-fed fry into a body of water if there are enough fish for natural propagation of the species to occur (5) Will not introduce live fertilized eggs, larvae, or fry of nonindigenous fish in violations of AS 16.35.210 (d) Creates a subsection regarding factors that the commissioner of DF&O shall consider when determining if a permit will be issued, including: a. The department's assessment of the project b. The capabilities of the applicant c. The degree of communication that exists between the applicant and individuals affected by the project d. Comments relating to the project, including those by a regional planning team established under AS 16.10.375. e. If the project is consistent with the comprehensive salmon plan and constitutional and statutory requirements imposed on the department for the area f. If the project will increase scientific knowledge and understanding of the natural resources affected by the project (t) Creates a new subsection requiring a permittee to collect and provide project data and reports requested by the department and to reasonably communicate with individuals affected by the project. (t) Creates a subsection which sets the timeline for when DF&G must act on a permit application. Within 15 days, the department must notify an applicant whether or not their application is complete and can reject an incomplete application if it is not complete within 30 days of the notification. After the notification, DF&G must approve or reject the application with 90 days, otherwise the application is automatically approved. (g) Creates a new subsection to enact requirements of a permittee to: a. Collect no more than 500,000 eggs for fertilization. b. Implement controls to avoid the introduction of nonindigenous pathogens or to increase indigenous pathogens beyond acceptable levels. (h) Creates a new subsection to ensure that any fish released in State waler with an enhancement project permit under this section will be available for common use in the same way as wild fish are. (i) Creates a new subsection to specify the duration of a permit and how to extend a permit (j) Creates definitions for the following tenns under AS 16.05.855: a. "person" is defined as an individual, any business, governmental agency, or another legal or commercial entity b. "qualified person" is defined as a state resident or a corporation organized under Alaska's laws c. "reasonably communicate" is defined as communicating significant information regarding the project by a mode of communication that is likely to notify persons that a reasonable person would know are affected by the project Sec. 2 - AS 16.05.871 Amends this section by adding a new subsection (e) Subsection (e) states that fisheries enhancement projects under AS 16.05.855 shall be considered by the commissioner as outlined in AS 16.05.871 (d) because precautions in subsection (d) will not damage a fish enhancement project Sec. 3 - AS I 6.10.375 Amends this section to allow enhancement projects created through this act to be included in regional comprehensive salmon plans 2:45:43 PM Representative Hannon asked what was different than what was in current law. Representative Cronk replied that it was an effort to get young people involved as stakeholders on a smaller scale, resulting in a more fiscally acceptable way. Representative Hannan stated her understanding that current statute allowed it. Mr. Stancliff deferred the question to the Department of Fish and Game (DFG) . He stated that when people were involved who did not have experience or training. 2:49:30 PM Representative Cronk stated that the bill was using the fish from a specific river and put back in the same river. He asked to hear from the department. JOE FELKL, LEGISLATIVE LIAISON, DEPARTMENT OF FISH AND GAME, clarified that the legislation created a fisheries rehabilitation program. Representative Hannan asked the reason for the legislation. Mr. Felkl answered science and education. Representative Hannan provided a scenario related to a tribe and wondered whether there was no change. Mr. Felkl responded affirmatively. 2:52:16 PM Co-Chair Johnson thanked the sponsor for bringing the bill forward. She had grown up in Alaska at a time when there had been an abundance of fish. She thought the bill was simple and pragmatic. She stated that fish returns had not gotten better. Representative Coulombe noticed that the bill was changed in the House Fisheries Committee. She noted that some of the sectional did not match up with the bill. Mr. Stancliff responded that it was no longer a de facto situation. Representative Coulombe wondered whether the application approval was still in the bill. Mr. Stancliff replied that it was no longer in the bill. Representative Hannan referenced an anadromous fish streams book, she asked if it would only be available to streams that had previously had fish. 2:56:29 PM Mr. Felkl would have to follow up on the question. Representative Josephson looked at AS 16.10.400 hatchery law, and noted that the department had to rule that there was no threat to current stocks. Mr. Felkl answered that it was in the bill and pertained to an amendment at the request of the department. Representative Josephson asked for the page number. Mr. Felkl answered page 3, line 1. Representative Josephson asked whether rehabilitation could be separated from wild fish stocks. Mr. Felkl answered that the department had incorporated that into the current permitting. 2:58:43 PM Representative Cronk read from a section of the bill what stated that the bill would only be used to rehab currently low escapements. He viewed the bill as a tool needed in Alaska. HB 169 was HEARD and HELD in committee for further consideration. Co-Chair Foster reviewed the schedule for the following meeting.