ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 12, 2006
1:24 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Co-Chair
Representative Ralph Samuels, Co-Chair
Representative Jim Elkins
Representative Carl Gatto
Representative Gabrielle LeDoux
Representative Kurt Olson
Representative Mary Kapsner
MEMBERS ABSENT
Representative Paul Seaton
Representative Harry Crawford
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Board of Fisheries
Bonnie Williams - Fairbanks
- CONFIRMATION(S) ADVANCED
Big Game Commercial Services Board
Leif Wilson - Tok
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 328
"An Act prohibiting mixing zones in freshwater spawning waters."
- HEARD AND HELD
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
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
04/05/06 (H) Heard & Held
04/05/06 (H) MINUTE(RES)
04/12/06 (H) RES AT 1:00 PM CAPITOL 124
WITNESS REGISTER
BONNIE WILSON, Appointee
to the Board of Fisheries
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee.
RON RAINEY, Chair
Kenai River Sport Fishing Inc.
Soldotna, Alaska
POSITION STATEMENT: Testified in support of Bonnie Wilson.
RICKY GEASE, Executive Director
Kenai River Sport Fishing Inc.
Soldotna, Alaska
POSITION STATEMENT: Testified in support of Bonnie Wilson.
LEIF WILSON, Appointee
to the Big Game Services Board
Tok, Alaska
POSITION STATEMENT: Testified as appointee.
LYNN KENT, Director
Division of Water
Department of Environmental Conservation (DEC)
POSITION STATEMENT: Testified in opposition to HB 328.
MCKIE CAMPBELL, Commissioner
Alaska Department of Fish & Game
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 328.
KERRY HOWARD, Director
Office of Habitat Management and Permitting
Department of Natural Resources
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 328.
ACTION NARRATIVE
CO-CHAIR JAY RAMRAS called the House Resources Standing
Committee meeting to order at 1:24:23 PM. Representatives
Samuels, Gatto, LeDoux, Olson, Ramras, and Elkins were present
at the call to order. Representative Kapsner arrived as the
meeting was in progress.
^CONFIRMATION HEARING(S)
^Board of Fisheries
CO-CHAIR RAMRAS announced that the first order of business would
be the confirmation hearing for Bonnie Williams, appointee to
the Board of Fisheries. He said Ms. Williams has been a great
leader in his community.
1:26:16 PM
BONNIE WILLIAMS, Appointee, Board of Fisheries, said she applied
because a member was needed from the Interior who would speak
for sport and subsistence fishing interests. She started
fishing as a child, and has fished all over the world. She said
she has no expertise in fisheries management; however, she has
experience in taking public comment, expert testimony, legal
council, and common sense and forging a sound determination.
CO-CHAIR RAMRAS asked if she was tough.
MS. WILLIAMS said she might be the meanest person in Fairbanks.
She noted her nine years of experience on the Fairbanks
assembly. She attended the Fairbanks Local Advisory Council
meeting, and it echoed life on the borough assembly. Her goal
is to sustain a healthy population of fish for subsistence,
commercial fishing, and sport fishing. If Alaskans act wisely,
there will always be enough for all Alaskans, she stated.
1:28:47 PM
REPRESENTATIVE LEDOUX asked if she is familiar with
rationalization or quota shares.
MS. WILLIAMS said she is beginning to become familiar with those
issues. She attended a meeting that discussed rationalization,
and she said she is not knowledgeable, but "I will be ready for
my first meeting."
REPRESENTATIVE LEDOUX said common sense solutions might not be
possible in the fisheries field.
MS. WILLIAMS said, "If we don't try, we won't get there, will
we?"
CO-CHAIR SAMUELS asked about time spent in other parts of the
state, because every part of Alaska has a unique challenge.
MS. WILLIAMS said she lived in Juneau for a while and she has
fished in Kenai and the Matanuska-Susitna area. She went to St.
Mary's and back on the Yukon River.
1:32:08 PM
RON RAINEY, Chair, Kenai River Sport Fishing Inc, said it is
important that Ms. Williams is a sport fisher. He added that it
is important to study the issues, be willing to learn, and
listen to the constituencies. He supports her confirmation.
RICKY GEASE, Executive Director, Kenai River Sport Fishing Inc,
said it is important to have people who can sift through data
and ask questions, and he supports her confirmation.
1:34:15 PM
CO-CHAIR SAMUELS moved to advance the name of Bonnie Williams,
appointee to the Board of Fisheries, to the joint session for
consideration. Hearing no objection, it was so ordered.
^Big Game Services Board
CO-CHAIR RAMRAS announced that the next order of business would
be the confirmation hearing for Leif Wilson, appointee to the
Big Game Commercial Services Board.
LEIF WILSON, Appointee, Big Game Services Board, said he is the
president and director of operations of Forty-Mile Air, a
commuter air taxi, which has a transporter license. He is a
mechanic and has an airline transport pilot rating. He said he
grew up in Tok and his father was a guide. He bought his air
taxi in 1999, and he flies a "fair number" of hunters. He has
been on the Fish and Game Advisory Committee for seven years.
1:36:58 PM
CO-CHAIR SAMUELS asked about any conflicts between transporters,
and what he can bring to the table to resolve those conflicts.
MR. WILSON said he has seen those conflicts, and they vary
around the state. He said he has the ability to see things from
all aspects, and he has been on all sides. He has a good
relationship with local guides. He said non-resident guides
cause the biggest problems. He said he spent time in different
parts of Alaska and believes he has a reasonable clue.
CO-CHAIR SAMUELS asked if he has ever worked as a guide.
MR. WILSON said he has only worked as a transporter.
1:40:13 PM
CO-CHAIR SAMUELS moved to advance the name of Leif Wilson,
appointee to the Big Game Commercial Services Board, to the
joint session for consideration. Hearing no objection, it was
so ordered.
HB 328-BAN MIXING ZONES IN SPAWNING AREAS
CO-CHAIR RAMRAS announced that the final order of business would
be HOUSE BILL NO. 328, "An Act prohibiting mixing zones in
freshwater spawning waters." He noted that public testimony is
closed and that CSHB 328, Version 24-LS1273\C, Bullock, 4/5/06,
was before the committee.
The committee took an at-ease from 1:42 p.m. to 1:44:34 PM.
LYNN KENT, Director, Division of Water, Department of
Environmental Conservation (DEC), said much of her testimony has
been given in the House Special Committee on Fisheries. She
explained that DEC is charged with providing water quality
standards that are designed to protect the multiple uses of
Alaskan waters including drinking water; public health, safety,
and welfare; growth and propagation of aquatic life; domestic,
commercial, and industrial uses; and recreational uses. She
defined a mixing zone as an area where treated wastewater is
discharged and allowed to mix with a [non-treated] water body;
the water quality standards may be exceeded within that
permitted mixing zone but the overall use of the water body has
to be protected. She said mixing zones are only allowed as a
part of a publicly-reviewed wastewater discharge permit.
MS. KENT explained how mixing zones are engineered and the
parameters that DEC employs to authorize them. She said all
states use mixing zones, and they are highly regulated by DEC.
She said DEC must consider the characteristics of the receiving
water and the effluent, the cumulative effects, and measures to
mitigate adverse effects to aquatic resources. In order to
authorize a mixing zone DEC must find that the effluent will be
treated to remove, reduce, and disperse the pollutants using the
most effective methods that are technologically and economically
feasible, consistent with statutory and regulatory treatment
requirements. DEC must find that the designated and existing
uses of the water body as a whole will be maintained and
protected; overall biological integrity of the water body will
not be impaired; and the mixing zone is as small as practicable.
MS. KENT said a mixing zone cannot result in a toxic effect in
the water column, sediments, or biota outside the boundaries of
the mixing zone; it cannot preclude or limit established
processing activities, commercial, sport, personal-use, or
subsistence fish and shellfish harvesting; it cannot result in a
reduction of fish or shellfish; it cannot result in permanent or
irreparable displacement of indigenous organisms; it cannot
contain pollutants that bioaccumulate, bioconcentrate, or
persist above natural levels; they can't produce objectionable
taste or color in biota harvested for humans; and they can't
cause mortality of passing organisms.
MS. KENT said DEC is opposed to the bill and has submitted
testimony. She said the bill isn't necessary from a scientific
basis to protect anadromous salmon. The regulations prohibit a
mixing zone in anadromous salmon spawning areas, and that
prohibition would be put in statute under HB 328. Such a flat-
out prohibition isn't necessary from a scientific perspective,
because DEC regulations go beyond sound science to address
public perception and salmon marketing.
1:52:52 PM
MS. KENT said there is no justification for extending a mixing
zone prohibition to also protect resident species listed in HB
328. She said the bill will prohibit reauthorization of a
mixing zone that has later become a fish spawning area, unless
the discharge is from a village wastewater facility. She opined
that the bill defines "area" in a way that runs counter to
current practices by ADF&G and DNR. Alaska's fishery resources
have seasonal sensitivity, and wastewater discharge has been
restricted on a seasonal basis. She said the bill places new
restrictions on existing placer mines that don't take effect
until the currently permitted operator applies for a
reauthorization. She noted that there are 32 placer mines
permitted to discharge with timing restrictions to avoid
spawning. Most of those facilities have an authorized mixing
zone that is greater than 500 feet in length, and most have
already done everything they can do to make their mixing zone as
small as practicable, so it is likely they cannot be re-
permitted, even though they are currently operating without any
impacts. She said new permits might set up a double standard.
She spoke of the fiscal note and will rewrite it.
1:56:24 PM
REPRESENTATIVE LEDOUX said she represents communities on Lake
Iliamna, and she asked what will happen if one of those
communities needs a permit to discharge wastewater.
MS. KENT said if any communities need a new domestic wastewater
discharge permit in spawning areas, this bill would preclude
that.
REPRESENTATIVE LEDOUX asked what resident fish redds are.
MCKIE CAMPBELL, Commissioner, Alaska Department of Fish & Game,
said it is a egg-laying depression in the gravel, and the term
is used for areas of broadcast spawning.
KERRY HOWARD, Director, Office of Habitat Management and
Permitting, Department of Natural Resources, said a redd is a
nest in the gravel, and broadcast spawners don't use them.
1:58:54 PM
REPRESENTATIVE LEDOUX asked if most of the shoreline of Iliamna
Lake will be off limits.
MS. KENT said she is not familiar with that area.
COMMISSIONER CAMPBELL said yes.
1:59:40 PM
[HB 328 was held over]
2:00:32 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:00: PM.