HB 295-SALMON HATCHERY PERMITS  3:32:54 PM CO-CHAIR BISHOP announced the consideration of CS FOR HOUSE BILL NO. 295(RES) "An Act authorizing the sale of hatchery-produced salmon to certain persons for the purpose of stocking lakes." CO-CHAIR BISHOP stated companion bill SB 210 was heard on March 11, 2024 in the Senate Resources Standing Committee. 3:33:40 PM SAM RABUNG, Director, Division of Commercial Fisheries, Alaska Department of Fish and Game (ADFG), Juneau, Alaska, presented an overview of HB 295. He said HB 295 lets private non-profit hatcheries sell fish to stock public lakes in Alaska, expanding beyond current limits that only allow sales between ADFG and non-profit hatcheries. He said stocking requests must still follow strict reviews and biological standards. HB 295 will boost recreation and food security by increasing fish stocking resources. 3:35:18 PM JOE FELKL, Legislative Liaison, Alaska Department of Fish and Game (ADFG), Juneau, Alaska, reviewed the sectional analysis and summary of changes for HB 295. 3:35:31 PM MR. FELKL provided the sectional analysis for HB 295: [Original punctuation provided.] HB 295: SALMON HATCHERY PERMITS  SECTIONAL ANALYSIS  Version U  Section 1: adds a new subsection to the statute for salmon hatchery permit conditions allowing the sale of live hatchery-produced salmon for the purposes of stocking lakes in the state to a private person or entity that receives a Fish Transport Permit under AS 16.05.251. 3:36:00 PM MR. FELKL provided the summary of changes for SB 295, version A to U: [Original punctuation provided.] HB 295: SALMON HATCHERY PERMITS  SUMMARY OF CHANGES MADE IN THE HOUSE  Version A to Version U   The sections and concepts below were added/changed in  the House:    Section 1: corrects a drafting error replacing an incorrect citation (AS 16.05.671) with the correct statutory authority for Fish Transport Permits (AS 16.05.251). This section has also been redrafted for clarity, specifying sale of hatchery-produced salmon. This change is stylistic and does not change the meaning of the language. 3:36:29 PM SENATOR KAWASAKI asked what studies are needed for different bodies of water and how the stocking process works and wondered what happens to existing wildlife if a lake is overstocked. 3:37:05 PM MR. RABUNG said the lake stocking policy identifies five categories of lakes, from open outlet to fully landlocked. First, the lake's category is identified. Next, if it's a suitable water body, especially if it's closed with limited outflowstaff assess what species already inhabit it. He said most lakes considered for stocking are usually unoccupied. Finally, they estimate the lake's carrying capacity for the fish. 3:38:22 PM SENATOR KAWASAKI wondered if there were studies that would involve Alaska's biologists already tasked to other projects. 3:38:41 PM MR. RABUNG said the department would consult local biologists about the lake. If they lacked information, the department would make a site visit and use minnow traps to assess existing speciessomething already done in current operations. Additional biologists might be needed to handle fish transport permits, but no major changes are expected, as permit staff are already in place to review them. 3:39:43 PM SENATOR KAWASAKI noted instances where flooding caused fish to end up in unintended areas. He asked whether hatchery fish could mix with wild stocks and how that risk can be managed. 3:40:09 PM MR. RABUNG replied it comes down to the lake category. He said the preference is for landlocked lakes with less risk of flooding. If a lake has potential for fish to escape, only sterile fish are used to prevent reproduction. 3:40:44 PM CO-CHAIR BISHOP asked if water depth is measured to determine oxygenation over the winter. 3:41:09 PM MR. RABUNG replied that it's considered when deciding which lakes to stock. He stated that public requests exceed what's possible, so lakes are chosen based on public access and stocking suitability. He said when private resources are used, lake managers must understand the risk and take responsibility for fish not surviving the winter. 3:42:13 PM SENATOR DUNBAR asked if "salmon" also refers to other species such as char and trout. 3:42:33 PM MR. FELKL replied correct. 3:42:38 PM SENATOR DUNBAR said there was discussion on using a different term and wondered what the appropriate term was. 3:42:52 PM MR. RABUNG replied salmonid would cover trout, char, and salmon unambiguously. 3:43:15 PM SENATOR WIELECHOWSKI said there were technical changes and asked for an explanation of the language change in [SB 210, Section 1, lines 5-6,] "nothing in a permit issued to a hatchery operator may prohibit the sale," to [HB 295, Section 1, lines 5-6,] "a hatchery operator may prohibit the sale". 3:43:44 PM MR. FELKL replied the changes were redrafted by Legislative Legal Services in House Fisheries. He understands it was to clarify hatchery produced fish and stylistic changes. 3:44:13 PM SENATOR WIELECHOWSKI asked if biologist at ADFG expressed any concerns regarding the change. 3:44:30 PM MR. RABUNG replied he has not heard any opposition. The review and permitting process are the same. He stated that the only difference is that HB 295 expands the source of stocking products. It would expand the types of public access to lakes. 3:45:27 PM CO-CHAIR BISHOP said the state is limited by production on stocking. 3:45:39 PM MR. RABUNG replied correct. 3:45:48 PM CO-CHAIR BISHOP verified Mr. Rabung is trying to offer more options to develop more capacity. 3:46:09 PM MR. RABUNG replied correct. 3:46:13 PM CO-CHAIR BISHOP said stocking is challenging due to ADFG's limited fish supply. If HB 295 passes, a legislator could request capital budget funding to purchase fish from a hatchery to support lake stocking. 3:46:22 PM MR. RABUNG replied it is possible. 3:46:28 PM CO-CHAIR GIESSEL asked what monitoring would be placed on private hatcheries to prevent disease and ensure water is replaced. 3:46:54 PM MR. RABUNG replied these hatcheries are already in existence and have monitoring. These would not be new hatcheries but are existing hatchery programs that have state oversight. 3:47:24 PM SENATOR KAWASAKI said there is a law against finfish farming. He asked how close HB 295 gets to the discussion of finfish farming. 3:48:00 PM MR. RABUNG explained the difference is these non-livestock fish would be available for public harvest, unlike farmed fish, which are privately owned from start to market. Anyone with a sport fishing license could catch the non-livestock fish. He said the key change is allowing access to lakes that aren't publicly stocked. Unlike farming, which is like growing and selling a cropthis involves stocking hatchery fish for public use. 3:49:35 PM SENATOR KAWASAKI said he still does not understand the differentiation. He asked if he were to own a lake and wanted to stock it with salmon for food or to sell, would that be allowed. 3:49:57 PM MR. RABUNG replied HB 295 does not allow someone to sell the fish once stocked. 3:50:09 PM SENATOR WIELECHOWSKI said someone expressed concern considering a study by National Oceanic and Atmospheric Administration (NOAA) that suggested that hatchery rearing can inadvertently select traits that are disadvantages in the wild. He stated his main concern involved protections for wild stock and requested specific details about those protections. 3:51:02 PM MR. RABUNG stated that the goal is for fish to be caught, not escape. Lake stocking follows policies that consider lake type and whether fish can be contained. He stated the Fish Health Policy ensures hatchery fish are thoroughly tested, and with over 50 years of no pathogen transfers to the wild, the testing has been successful. He said the Genetics Policy applies to non- sterile fish, which come from locally adapted stock. Sportfish hatcheries use sterile fish, so the genetics policy doesn't apply. He stated access to the lakes is evaluated; lakes must be reachable without crossing private property. To protect wild stocks, the aim is for stocked fish to be harvested and consumed. 3:53:29 PM CO-CHAIR BISHOP sarcastically said no one has caught a fish out of a creek and brought it home and put it in a lake. 3:53:49 PM SENATOR WIELECHOWSKI said the example given by Co- Chair Bishop is a concern. He asked how strictly hatchery operators are regulated and are they permitted to genetically modify the fish. 3:54:18 PM MR. RABUNG replied, absolutely notthe goal is to keep hatchery fish as genetically true to the original stock as possible. That's why large broodstock numbers are used to avoid inbreeding. He stated that now in its 50th year, the private non-profit hatchery program has a long track record with ADFG. It's different from the sportfish stocking program, where fish are meant to be caught, not complete a natural life cycle or return to spawn. Those fish are sterile to prevent any chance of genetic mixing if they escape. In contrast, the private non- profit hatchery fish are intended to spawn, so sterile stock wouldn't be appropriate. He stated that all stockings follow the same policies and permitting standards to ensure consistency and protect wild fish populations. 3:56:09 PM CO-CHAIR BISHOP asked how long a stocked sterile fish typically lives in a lake. 3:56:23 PM MR. RABUNG replied it depends on the species. He stated that a catchable rainbow trout could live for 4-5 years. 3:56:58 PM At ease 3:57:34 PM CO-CHAIR BISHOP reconvened the meeting. 3:57:35 PM SENATOR DUNBAR said he would like to make a conceptual amendment that would change the word "salmon" to "salmonids" on line 6. 3:58:07 PM CO-CHAIR GIESSEL recommended making the same change on line 1. SENATOR DUNBAR agreed. 3:58:19 PM CO-CHAIR BISHOP said the committee would authorize legislative legal services to make technical and conforming changes. 3:58:27 PM SENATOR WIELECHOWSKI asked if the department supports the conceptual amendment. 3:58:35 PM MR. RABUNG replied Salmonids include trout, char and salmon. He said he supports the amendment. 3:58:57 PM SENATOR CLAMAN said hatcheries are currently at capacity. He said HB 295 seems to imply that if someone wants to purchase the fish more would be produced. He asked where the money comes from to pay for the stocking of fish. 3:59:37 PM MR. RABUNG replied HB 295 allows whoever wants stocking to occur to pay for it. The two state hatcheries that produce fish for the hatchery program are at maximum capacity. There is greater demand for stocking than those facilities have the capacity to produce. He said private non-profit hatcheries are at a different scale and the number of fish that would be removed for a stocking program is small compared to what they are producing overall. The department would not need to increase capacity. They would pull from the existing production capacity and just route it to another purpose. 4:00:45 PM CO-CHAIR BISHOP asked the sponsor of the amendment to incorporate the change made by the co-chair, then restate and move the conceptual amendment. 4:00:56 PM SENATOR DUNBAR moved to adopt Conceptual Amendment 1, changing the word salmon to salmonids on line 1 and line 6: CONCEPTUAL AMENDMENT 1  BY SENATOR DUNBAR Page 1, line 1 following "hatchery-produced Delete "salmon Insert "salmonids Page 1, line 6 following "hatchery-produced" Delete "salmon" Insert "salmonids Legislative Legal has the authority to make technical and conforming changes to HB 295. 4:01:18 PM CO-CHAIR GIESSEL objected for purposes of discussion. 4:01:24 PM CO-CHAIR BISHOP removed his objection and found no further objection and Amendment 1 was adopted. 4:01:44 PM At ease 4:01:53 PM CO-CHAIR BISHOP reconvened the meeting. 4:02:01 PM CO-CHAIR BISHOP opened public testimony on HB 295; finding none, he closed public testimony. 4:02:10 PM SENATOR KAWASAKI said, that based on studies, he has general concerns and a more conservative stance on introducing fish into new areas. He expressed his desire for lake stocking to occur safely so the public benefits and no harm comes to the environment. 4:03:24 PM CO-CHAIR BISHOP solicited the will of the committee. 4:03:25 PM CO-CHAIR GIESSEL moved to report CSHB 295 (RES), work order 33- GH2383\U, as amended, from committee with individual recommendations and attached zero fiscal note(s). 4:03:41 PM CO-CHAIR BISHOP found no further objection and SCS CSHB 295 (RES) was reported from committee.