ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         April 17, 2016                                                                                         
                           1:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Cathy Giessel, Chair                                                                                                    
Senator Mia Costello, Vice Chair                                                                                                
Senator John Coghill                                                                                                            
Senator Bert Stedman                                                                                                            
Senator Bill Stoltze                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 28(FSH)                                                                                       
Opposing  the  United  States   Food  and  Drug  Administration's                                                               
approval  of   AquaBounty  AquAdvantage   genetically  engineered                                                               
salmon; urging  the United States  Congress to  enact legislation                                                               
that   requires  prominently   labeling  genetically   engineered                                                               
products with  the words "Genetically Modified"  on the product's                                                               
packaging;   and   supporting   the  efforts   of   the   state's                                                               
congressional  delegation to  delay the  confirmation of  the new                                                               
commissioner of  the United States  Food and  Drug Administration                                                               
until the  United States Food  and Drug Administration  agrees to                                                               
require labeling for genetically engineered salmon.                                                                             
                                                                                                                                
     - MOVED SCS CSHJR 28(RES) OUT OF COMMITTEE                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR 28                                                                                                                  
SHORT TITLE: OPPOSING GM SALMON                                                                                                 
SPONSOR(s): REPRESENTATIVE(s) TARR                                                                                              
                                                                                                                                
01/19/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (H)       FSH, L&C                                                                                               
02/04/16       (H)       FSH AT 10:00 AM CAPITOL 120                                                                            
02/04/16       (H)       Moved  CSHJR 28(FSH) Out of Committee                                                                  
02/04/16       (H)       MINUTE(FSH)                                                                                            
02/05/16       (H)       FSH RPT CS(FSH) NT 4DP                                                                                 
02/05/16       (H)       DP:   HERRON,   KREISS-TOMKINS,   ORTIZ,                                                               
                         STUTES                                                                                                 
04/13/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/13/16       (H)       Moved  CSHJR 28(FSH) Out of Committee                                                                  
04/13/16       (H)       MINUTE(L&C)                                                                                            
04/14/16       (H)       L&C RPT CS(FSH) NT 3DP 1NR                                                                             
04/14/16       (H)       DP: JOSEPHSON, KITO, OLSON                                                                             
04/14/16       (H)       NR: TILTON                                                                                             
04/15/16       (H)       TRANSMITTED TO (S)                                                                                     
04/15/16       (H)       VERSION: CSHJR 28(FSH)                                                                                 
04/16/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/16       (S)       RES                                                                                                    
04/17/16       (S)       RES AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GERAN TARR                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HJR 28.                                                                                        
                                                                                                                                
THATCHER BROWER, Staff to Representative Geran Tarr                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Offered to answer questions on HJR 28.                                                                    
                                                                                                                                
DANIEL GEORGE, Staff to Senator Bill Stoltze                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Explained Conceptual Amendment 1 to CSHJR                                                                 
28(FSH) for the sponsor.                                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:30:33 PM                                                                                                                    
CHAIR  CATHY   GIESSEL  called  the  Senate   Resources  Standing                                                             
Committee meeting  to order at 1:30  p.m. Present at the  call to                                                               
order  were  Senators  Stedman,   Costello,  Coghill,  and  Chair                                                               
Giessel.                                                                                                                        
                                                                                                                                
                   HJR 28-OPPOSING GM SALMON                                                                                
                                                                                                                                
1:30:52 PM                                                                                                                    
CHAIR GIESSEL announced consideration of CSHJR 28(FSH). [version                                                                
29-LS1213\H was before the committee.]                                                                                          
                                                                                                                                
1:31:31 PM                                                                                                                    
REPRESENTATIVE  GERAN  TARR,  Alaska State  Legislature,  Juneau,                                                               
Alaska, sponsor of HJR 28, presented the resolution.                                                                            
                                                                                                                                
THATCHER  BROWER,  Staff  to Representative  Geran  Tarr,  Alaska                                                               
State Legislature, Juneau, Alaska, introduced himself.                                                                          
                                                                                                                                
REPRESENTATIVE TARR said  everyone is familiar with  the issue of                                                               
genetically  modified  salmon.  The first  piece  of  legislation                                                               
passed in  2005 required labelling  at the state level.  This has                                                               
been a universally  opposed proposal by Alaskans.  In 2013, prior                                                               
to approval, the legislature  joined the congressional delegation                                                               
in speaking up  against it. Unfortunately, on  November 19, 2015,                                                               
the  Federal  Drug   Administration  (FDA)  approved  genetically                                                               
modified  salmon. Since  then  the  congressional delegation  has                                                               
been leading the charge in  fighting it and asking for additional                                                               
requirements,  particularly related  to labelling.  More recently                                                               
lawsuits were filed  in Canada and in the United  States; so this                                                               
is not a done deal.                                                                                                             
                                                                                                                                
She  said   the  potential  impacts   to  Alaska's   economy  are                                                               
concerning.  The  commercial  fishing  industry  is  the  largest                                                               
private  sector  employer  bringing   in  more  than  $6  billion                                                               
annually. Also,  wild Alaska salmon  are integral to  our Alaskan                                                               
way of  life. Hopefully, this  resolution gives our  delegation a                                                               
little fuel  to add to the  fire so the delegation  can say their                                                               
state stands strongly behind them.                                                                                              
                                                                                                                                
REPRESENTATIVE TARR  noted many supporting letters  and documents                                                               
from major fishing groups and  retailers that are concerned about                                                               
this issue.                                                                                                                     
                                                                                                                                
1:33:31 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
1:33:48 PM                                                                                                                    
REPRESENTATIVE TARR also  noted that approval was  done under the                                                               
1938 Food, Drug, and Cosmetic Act  as a veterinary drug. The U.S.                                                               
lawsuit  challenges the  FDA saying  their  authority was  really                                                               
meant for testing  drugs used in livestock to  resist and prevent                                                               
disease  not to  approve genetically  modified animals  for human                                                               
consumption. This  is the  first time they  have ever  approved a                                                               
genetically modified animal for human consumption.                                                                              
                                                                                                                                
1:34:51 PM                                                                                                                    
SENATOR STOLTZE joined the committee                                                                                            
                                                                                                                                
1:35:16 PM                                                                                                                    
CHAIR GIESSEL noted  a correction saying they are  hearing HJR 28                                                               
not  HJR 29  as  she  stated at  the  beginning  of the  meeting.                                                               
Finding no  further questions, she  opened public  testimony, and                                                               
finding none, closed it.                                                                                                        
                                                                                                                                
SENATOR   STOLTZE  said   that   the   FDA-related  Food   Safety                                                               
Modernization Act has  been a difficult issue  for smaller Alaska                                                               
farmers.  Alaska is  classified as  Tier  5 by  volume of  farms,                                                               
which throws it in the same  category as Rhode Island and some of                                                               
the other small states.                                                                                                         
                                                                                                                                
In speaking  to the  farmers, including the  new director  of the                                                               
Division  of Agriculture,  Senator Stoltze  said they  are asking                                                               
the federal government to put Alaska  into Tier 4, because of its                                                               
logistical    challenges   and    non-connectivity.   He    asked                                                               
Representative Tarr  if she  felt that  was consistent  with this                                                               
FDA issue, if he were to offer an amendment.                                                                                    
                                                                                                                                
1:36:30 PM                                                                                                                    
REPRESENTATIVE  TARR  agreed if  they  think  broadly about  food                                                               
security issues in  Alaska that it would fit well  with this as a                                                               
communication to the federal government,  and specifically to the                                                               
people at the FDA.                                                                                                              
                                                                                                                                
1:36:46 PM                                                                                                                    
SENATOR STOLTZE moved Conceptual Amendment 1.                                                                                   
                                                                                                                                
CHAIR GIESSEL objected for purposes of discussion.                                                                              
                                                                                                                                
SENATOR STOLTZE  said his staff,  Daniel George, had  worked with                                                               
the Division  of Agriculture,  and the  discussion would  be more                                                               
complete with him.                                                                                                              
                                                                                                                                
1:37:12 PM                                                                                                                    
DANIEL  GEORGE,  staff  to Senator  Bill  Stoltze,  Alaska  State                                                               
Legislature, Juneau,  Alaska, said the conceptual  amendment does                                                               
three things.  First, it puts  the "WHEREAS"  on page 3,  line 3,                                                               
relating  to   the  delay   of  the   confirmation  of   the  FDA                                                               
commissioner in  the past tense. That  commissioner was confirmed                                                               
by the  Senate 89 to  4 on February 24.  So, it just  deletes the                                                               
word "has".                                                                                                                     
                                                                                                                                
Second, the amendment  adds two WHEREAS's and  a FURTHER RESOLVED                                                               
on page 3, following lines 5 and  8. It talks about how Alaska is                                                               
classified  as   Tier  5  for   purposes  of   appropriation  and                                                               
compliance with  the Food Safety  Modernization Act.  They talked                                                               
with  the  director of  the  Division  of Agriculture  about  the                                                               
concern that Alaska  is not a state where one  can simply go from                                                               
one  end  to  the  other  in  one day  and  it  also  has  fiscal                                                               
challenges.  The division  asked them  to  do all  they could  to                                                               
assist in making this change.                                                                                                   
                                                                                                                                
Finally, Mr. George pointed out that  on page 3, line 20, the FDA                                                               
no longer has an acting commissioner  as he is now confirmed, and                                                               
this corrects that.                                                                                                             
                                                                                                                                
CHAIR  GIESSEL  removed  her  objection  and  asked  for  further                                                               
discussion.                                                                                                                     
                                                                                                                                
SENATOR  COSTELLO  asked  if  this   results  in  Alaska  getting                                                               
additional federal funding.                                                                                                     
                                                                                                                                
1:39:22 PM                                                                                                                    
SENATOR  STOLTZE  replied  that  it could  potentially  get  more                                                               
funding,  and   going  to  Tier   4  recognizes   the  compliance                                                               
difficulties  as  well. It  puts  Alaska  into a  category  where                                                               
optimally  there   would  be  more   than  just  money   for  the                                                               
inspections but at  a higher threshold of  understanding. He said                                                               
there is  also a new  Speaker of the  House and Secretary  of the                                                               
U.S. Senate that might need to be corrected as well.                                                                            
                                                                                                                                
CHAIR  GIESSEL  finding  no  further  objection,  announced  that                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
1:40:39 PM                                                                                                                    
SENATOR STOLTZE  moved HJR  28, as  amended, from  committee with                                                               
individual recommendations  and zero  fiscal note(s).  There were                                                               
no objections and SCS CSHJR 28(RES) moved from committee.                                                                       
                                                                                                                                
CHAIR GIESSEL thanked Representative Tarr for the resolution.                                                                   
                                                                                                                                
1:41:21 PM                                                                                                                    
CHAIR GIESSEL  adjourned the  Senate Resources  Committee meeting                                                               
at 1:41 p.m.