ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                        January 22, 2024                                                                                        
                           1:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom McKay, Chair                                                                                                 
Representative George Rauscher, Vice Chair                                                                                      
Representative Thomas Baker                                                                                                     
Representative Kevin McCabe                                                                                                     
Representative Dan Saddler                                                                                                      
Representative Stanley Wright                                                                                                   
Representative Jennie Armstrong                                                                                                 
Representative Donna Mears                                                                                                      
Representative Maxine Dibert                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 169                                                                                                              
"An Act relating to certain fish; and establishing a fisheries                                                                  
rehabilitation permit."                                                                                                         
                                                                                                                                
     - MOVED CSHB 169(FSH) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 177                                                                                                              
"An Act relating to critical and essential minerals and the                                                                     
global energy transition."                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 169                                                                                                                  
SHORT TITLE: FISHERIES REHABILITATION PERMIT/PROJECT                                                                            
SPONSOR(s): REPRESENTATIVE(s) CRONK                                                                                             
                                                                                                                                
04/24/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/24/23       (H)       FSH, RES                                                                                               
04/25/23       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/25/23       (H)       -- MEETING CANCELED --                                                                                 
04/27/23       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/27/23       (H)       Heard & Held                                                                                           
04/27/23       (H)       MINUTE(FSH)                                                                                            
05/08/23       (H)       RES WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23(A)                                                                                                  
05/08/23       (H)       FSH AT 9:00 AM GRUENBERG 120                                                                           
05/08/23       (H)       Moved CSHB 169(FSH) Out of Committee                                                                   
05/08/23       (H)       MINUTE(FSH)                                                                                            
05/09/23       (H)       FSH RPT CS(FSH) 5DP 1NR                                                                                
05/09/23       (H)       DP:    MCCABE,     STUTES,    MCCORMICK,                                                               
                        CARPENTER, VANCE                                                                                        
05/09/23       (H)       NR: HIMSCHOOT                                                                                          
05/10/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
05/10/23       (H)       -- MEETING CANCELED --                                                                                 
05/12/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
05/12/23       (H)       -- MEETING CANCELED --                                                                                 
01/17/24       (H)       RES AT 1:00 PM BARNES 124                                                                              
01/17/24       (H)       Heard & Held                                                                                           
01/17/24       (H)       MINUTE(RES)                                                                                            
01/22/24       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 177                                                                                                                  
SHORT TITLE: CRITICAL NATURAL MINERALS PLAN AND REPORT                                                                          
SPONSOR(s): REPRESENTATIVE(s) SADDLER                                                                                           
                                                                                                                                
04/24/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/24/23       (H)       RES, FIN                                                                                               
01/17/24       (H)       RES AT 1:00 PM BARNES 124                                                                              
01/17/24       (H)       Heard & Held                                                                                           
01/17/24       (H)       MINUTE(RES)                                                                                            
01/22/24       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
GALE VICK, representing self                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified to hold CSHB 169(FSH) because it                                                               
could make the decline worse.                                                                                                   
                                                                                                                                
EVA BURK, Member                                                                                                                
Yukon River Inter-Tribal Fish Commission                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified to hold CSHB 169(FSH) until                                                                    
further consideration.                                                                                                          
                                                                                                                                
NANCY HILLSTRAND, representing self                                                                                             
Seldovia, Alaska                                                                                                                
POSITION STATEMENT:  Testified to wait until the science is                                                                   
available for the passage of CSHB 169(FSH).                                                                                     
                                                                                                                                
REPRESENTATIVE MIKE CRONK                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented CSHB 169(FSH).                                                               
                                                                                                                                
DAVE STANCLIFF, Staff                                                                                                           
Representative Mike Cronk                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions and  offered information                                                             
during the hearing on CSHB  169 (FSH) on behalf of Representative                                                               
Cronk, prime sponsor.                                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:04:32 PM                                                                                                                    
                                                                                                                                
CHAIR  TOM MCKAY  called the  House Resources  Standing Committee                                                             
meeting to  order at  1:04 p.m.   Representatives  McCabe, Baker,                                                               
Rauscher, Saddler,  Wright, Armstrong,  Mears, Dibert,  and McKay                                                               
were present at the call to order.                                                                                              
                                                                                                                                
         HB 169-FISHERIES REHABILITATION PERMIT/PROJECT                                                                     
                                                                                                                                
1:05:30 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the first order of  business would be                                                               
HOUSE  BILL  NO. 169,  "An  Act  relating  to certain  fish;  and                                                               
establishing  a fisheries  rehabilitation permit."   [Before  the                                                               
committee was CSHB 169(FSH).]                                                                                                   
                                                                                                                                
1:06:04 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY opened public testimony on CSHB 169(FSH).                                                                           
                                                                                                                                
1:06:42 PM                                                                                                                    
                                                                                                                                
GALE  VICK,   representing  self,  provided  her   background  in                                                               
fisheries and  urged the  committee to table  HB 169  for further                                                               
consideration  due to  lack of  monitoring, population  collapse,                                                               
and/or disease.   She said  there are obstacles to  finding brood                                                               
stock [fish]  and the  math doesn't  add up.   She said  there is                                                               
data  that  suggests there  are  too  many  salmon in  the  North                                                               
Pacific competing for forage.                                                                                                   
                                                                                                                                
1:09:55 PM                                                                                                                    
                                                                                                                                
EVA  BURK,  Member,  Yukon  River  Inter-Tribal  Fish  Commission                                                               
expressed concern that if [fisheries  biologists] are not meeting                                                               
escapement goals then  there won't be enough  harvestable eggs to                                                               
fertilize.   She  called for  a  Chinook rebuilding  plan on  the                                                               
Yukon [River].   She advocated for the best  available science to                                                               
help the  problem.  She  claimed hatchery salmon  are threatening                                                               
the wild  stock.  She  also stated  trawling bycatch is  an issue                                                               
that needs to be studied.                                                                                                       
                                                                                                                                
1:12:34 PM                                                                                                                    
                                                                                                                                
NANCY  HILLSTRAND, representing  self, testified  that HB  169 is                                                               
well-intentioned but it places wild  fish at risk.  She advocated                                                               
to do  homework on this issue.   She also informed  the committee                                                               
that the Alaska  Department of Fish & Game  (ADF&G) currently has                                                               
three stages  for restocking salmon.   Ms. Hillstrand recommended                                                               
to wait  for the  Salmon Resource Task  Force results  because it                                                               
will find out why there is a problem.                                                                                           
                                                                                                                                
1:16:18 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY, after ascertaining there  was no one else who wished                                                               
to testify,  closed public testimony  on CSHB 169(FSH).   He then                                                               
asked Representative Cronk to address  some of the questions just                                                               
heard.                                                                                                                          
                                                                                                                                
1:16:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK said  CSHB 169(FSH) has been  eight years in                                                               
the  making  for  background.    He stated  that  these  are  not                                                               
"Frankenfish" or  hatchery fish, rather  these fish are  from in-                                                               
stream incubation.   He continued that there are  too many salmon                                                               
in  the  ocean  but  CSHB  169(FSH)  does  not  change  the  fish                                                               
genetically  and the  bill serves  to  enhance the  fishery.   He                                                               
listed  off the  tribal  corporations and  agencies  that are  in                                                               
support of the bill.  He called  for a time to do something about                                                               
the Yukon River subsistence fishery with a permitted process.                                                                   
                                                                                                                                
1:19:15 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY inquired  whether CSHB  169(FSH) addressed  only the                                                               
Yukon River.                                                                                                                    
                                                                                                                                
1:19:29 PM                                                                                                                    
                                                                                                                                
DAVE STANCLIFF,  Staff, Representative  Mike Cronk,  Alaska State                                                               
Legislature, on behalf of Representative  Cronk, prime sponsor of                                                               
CSHB 169  (FSH), answered  that the  proposed legislation  is not                                                               
specific  to  any  river  system  and is  an  optional  piece  of                                                               
legislation.                                                                                                                    
                                                                                                                                
1:20:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE stressed  the difference  between hatchery                                                               
fish  and fish  eggs that  are incubated  from a  river and  then                                                               
released in that same river.   He asserted a female Coho [salmon]                                                               
has about  45,000 eggs, at  5 percent,  225 fish hatch,  and out-                                                               
migrate given mortality rates.   He maintained the upper limit of                                                               
500,000 fish  doesn't account for mortality  after fertilization.                                                               
He  saw  CSHB 169(FSH)  as  one  more  way  of solving  the  fish                                                               
problem.                                                                                                                        
                                                                                                                                
1:22:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether,  under CSHB 169)FSH), there                                                               
would a limit to the number of permits for applicants.                                                                          
                                                                                                                                
1:23:11 PM                                                                                                                    
                                                                                                                                
MR. STANCLIFF replied no, except  for the requirements that would                                                               
be administered by ADF&G.                                                                                                       
                                                                                                                                
1:23:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  queried  what  mechanism  there  is  for                                                               
monitoring feedback and  timeline to determine if  the program is                                                               
working or not.                                                                                                                 
                                                                                                                                
1:24:08 PM                                                                                                                    
                                                                                                                                
MR.  STANCLIFF replied  that  part of  the  requirements in  this                                                               
process includes  monitoring of  any permit  issued.   He posited                                                               
that ADF&G would be careful in  the selection of who is qualified                                                               
for  a permit.   He  suggested the  legislature should  trust the                                                               
professionals at ADF&G to manage the program.                                                                                   
                                                                                                                                
1:25:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  the bill  sponsor what  the status                                                               
quo is and where  Alaska is headed if nothing is  done, as far as                                                               
fish stocks.                                                                                                                    
                                                                                                                                
1:25:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE CRONK,  Alaska State  Legislature, as  prime                                                               
sponsor of CSHB 169(FSH), explained  that subsistence fishing for                                                               
Chinook on  the Yukon  hasn't happened  for years.   He  said the                                                               
forecast is dismal for future fishing.   He noted that the summer                                                               
Chum fishery  happened but not  the fall  fishery last year.   He                                                               
believed the  fisheries will not  return by nature and  the state                                                               
needs to  manage the fisheries  under its constitution.   He also                                                               
envisioned local  knowledge from  tribes to assist  in management                                                               
of the fisheries  to be successful.  He  maintained CSHB 169(FSH)                                                               
is a  natural way to  enhance fisheries as opposed  to commercial                                                               
fish hatcheries.   He professed CSHB 169(FSH) is  another tool in                                                               
the toolbox.                                                                                                                    
                                                                                                                                
1:27:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  inquired about  the fiscal note  and the                                                               
requirements of ADF&G.                                                                                                          
                                                                                                                                
1:28:08 PM                                                                                                                    
                                                                                                                                
MR. STANCLIFF  said there was  a recommendation to  add personnel                                                               
specifically  to  oversee  the   program  and  he  anticipated  a                                                               
forthcoming fiscal  note from  the House  Finance Committee.   He                                                               
added that  there is pressure  on Canada from  Alaska communities                                                               
to cut  down on mining  interests and exploration of  waters that                                                               
feed  into Southeast  Alaska.   He  informed  the committee  that                                                               
Alaska has an  agreement with Canada within the  Yukon River, and                                                               
the state needs to fulfill this agreement.                                                                                      
                                                                                                                                
1:29:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  mentioned three  of the  entities listed                                                               
are in his district, so he is in support of CSHB 169(FSH).                                                                      
                                                                                                                                
1:30:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DIBERT explained  this is  a huge  issue for  the                                                               
people  in   her  district  who   have  subsistence   fished  for                                                               
millennia.   She asked whether  CSHB 169(FSH) had  been presented                                                               
to the aforementioned task force in the past eight years.                                                                       
                                                                                                                                
1:30:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK said he had  no knowledge of what the Salmon                                                               
task force had done.  He  held that [Alaskans] do not control the                                                               
"environmental thing" but  do control how many fish  can get down                                                               
the river.  He said the salmon  returns are too low for the stock                                                               
to return to normal.                                                                                                            
                                                                                                                                
1:32:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DIBERT mentioned that  two communities are on that                                                               
list.                                                                                                                           
                                                                                                                                
1:32:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  opined that  professionals should  do their                                                               
jobs and [CSHB 169(FSH)] would give them the tools to do it.                                                                    
                                                                                                                                
1:32:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  opined that  people are doing  this anyway                                                               
and it is  working.  He proposed, as a  state, Alaska should give                                                               
a nod to the regulations.                                                                                                       
                                                                                                                                
1:33:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK  agreed with Representative McCabe  and said                                                               
he  wants the  program  to  be successful.    He reiterated  that                                                               
Alaska has failed  to meet its treaty obligations  with Canada to                                                               
allow  fish to  reach their  country.   Conversely, [Canada]  has                                                               
proposed to build  a commercial hatchery on the Yukon  River.  He                                                               
maintained that local knowledge is  essential for input with this                                                               
program.                                                                                                                        
                                                                                                                                
1:34:52 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY said he was  reminded by Representative Rauscher that                                                               
the Alaska  Constitution requires  a sustainable  yield principle                                                               
with regard  to fish  and game.   He  said reducing  stocks would                                                               
violate the constitution.                                                                                                       
                                                                                                                                
1:35:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BAKER said it would  severely impact the Northwest                                                               
and  North Slope  communities in  regard to  subsistence fishing.                                                               
He reported that the communities  he represents have not yet been                                                               
affected  but global  warming, algae  blooms,  and other  factors                                                               
that could eventually  affect the fisheries in his  district.  He                                                               
voiced  his support  for CSHB  169(FSH) as  a step  in the  right                                                               
direction.                                                                                                                      
                                                                                                                                
1:36:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DIBERT  asked  Representative  Cronk  how  Canada                                                               
feels about fish processing and revitalizing fish.                                                                              
                                                                                                                                
1:36:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRONK  responded  that  Canada  has  reached  the                                                               
extreme of  building commercial fish hatcheries  to enhance their                                                               
fish.   He provided an example  from 2017 when he  went to Eagle,                                                               
Alaska, on the Yukon River,  when chum/dog salmon were plentiful,                                                               
but  it's not  that way  anymore;  he insisted  upriver has  been                                                               
totally impacted.   He imparted that fishermen  from Yukon [River                                                               
communities]  now have  to  fish  in other  rivers,  such as  the                                                               
Copper River which will begin to deplete that fishery as well.                                                                  
                                                                                                                                
1:38:29 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  said he  sensed support from  the committee  on CSHB                                                               
169(FSH)  and  reminded  the committee  that  the  House  Special                                                               
Committee  on Fisheries  heard the  legislation last  session and                                                               
passed it.                                                                                                                      
                                                                                                                                
1:39:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER moved  to  report CSHB  169(FSH) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  169(FSH)  was                                                               
reported out of the House Resources Standing Committee.                                                                         
                                                                                                                                
1:39:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:40 p.m. to 1:43 p.m.                                                                       
                                                                                                                                
        HB 177-CRITICAL NATURAL MINERALS PLAN AND REPORT                                                                    
                                                                                                                                
1:43:42 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the final order of  business would be                                                               
HOUSE BILL  NO. 177, "An  Act relating to critical  and essential                                                               
minerals and the global energy transition."                                                                                     
                                                                                                                                
1:44:07 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY opened public testimony on HB 177.  After                                                                           
ascertaining no one wished to testify, he closed public                                                                         
testimony.                                                                                                                      
                                                                                                                                
1:44:21 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced that HB 177 was held over.                                                                                
                                                                                                                                
1:45:00 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 1:45 p.m.