HJR 40-COOK INLET/KACHEMAK BELUGA POPULATION  1:21:47 PM  CO-CHAIR MCGUIRE announced HJR 40 to be up for consideration [CSHJR 40(RES) was before the committee]. She said another committee substitute was before them. JEFF TURNER, staff to Representative Millet, sponsor of HJR 40, said that she was fine with the changes. CO-CHAIR WIELECHOWSKI moved to adopt SCS CSHJR 40(RES), labeled 26-LS1376\P. There were no objections and it was so ordered. MICHELLE SYDEMAN, staff to Senator Wielechowski, explained the changes in the CS. On page 1, line 13, "sole" was changed to "primary". It now says that scientists in the National Marine Fishery Service (NMFS) have concluded that the primary reason for the population decline was the unsustainable subsistence harvest in the 1990. These changes were based on conversations both with the Alaska Department of Fish and Game (ADF&G) and the NMFS and came from staff from several offices. On page 2, line 8, "no" was deleted and "little" was inserted. So it now reads "Whereas there is little evidence that human activity has harmed the Beluga whales environment, migration or ecology." On page 3, line 10, "no" was deleted and "little" was inserted. Now the sentence read "Whereas there is little evidence that commercial or sportfishing is harming the Beluga whale population...." On page 2, line 12, "will" was deleted and "could" inserted to keep the same kind of construction as later in the resolution. So now the line reads "Whereas the commercial and sportfishing industries could be gravely threatened by a critical habitat designation...." MS. SYDEMAN said that finally, the ADF&G is involved in scientific studies of Beluga whales and their habitat, and they determined from conversations with NMFS that there didn't seem to be any correlation between the science and the actual area being set aside for critical habitat designation. So, there is a proposal to add a new "further resolve" that would read "that any final critical habitat designation is supported by sound science including any science conducted by the State of Alaska Marine mammal experts that clearly links any designated critical habitat to the conservation and recovery Cook Inlet Beluga whales." 1:25:29 PM CO-CHAIR MCGUIRE asked if she is recommending a conceptual amendment. MS. SYDEMAN said she thought that language was in the CS on line 31. 1:26:10 PM CO-CHAIR MCGUIRE called a brief at ease. 1:26:29 PM CO-CHAIR MCGUIRE called the meeting back to order. 1:27:03 PM MS. SYDEMAN said page 3, line 31 had a final resolve, but the wording is not quite correct. She recommended that they strike the wording in version P and do a conceptual amendment using the language they asked legislative legal to use: "Be it further resolved that any final critical habitat designation be supported by sound science, including any science conducted by the state of Alaska marine mammal experts, that clearly links any designated critical habitat to the conservation and recovery of Cook Inlet beluga whales." 1:27:52 PM CO-CHAIR MCGUIRE offered a conceptual Amendment 1 as read by Ms. Sydeman. There being no objection, it was adopted. 1:28:46 PM CO-CHAIR WIELECHOWSKI moved to report CSHJR 40, version P as amended, from committee with individual recommendations and attached fiscal note(s). There being no objection, the motion carried and SCS CSHJR 40(RES) moved from the committee.