Legislature(2015 - 2016)BUTROVICH 205

03/04/2016 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved SB 164 Out of Committee
-- Public Testimony --
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 172-FISH/SHELLFISH HATCHERY/ENHANCE PROJECTS                                                                     
4:08:05 PM                                                                                                                    
CHAIR GIESSEL  called the committee  back to order  and announced                                                               
the consideration of SB 172.                                                                                                    
4:08:31 PM                                                                                                                    
FOREST  BOWERS, Deputy  Director, Commercial  Fisheries Division,                                                               
Alaska Department  of Fish and  Game (ADF&G), Juneau,  said ADF&G                                                               
can permit  shellfish hatcheries that supply  aquaculture, but it                                                               
cannot permit  hatcheries designed to release  shellfish into the                                                               
natural  environment.  He explained  that  SB  172 establishes  a                                                               
permitting process  for hatcheries  designed to  enhance existing                                                               
shellfish  resources. The  shellfish  industry  is interested  in                                                               
doing  this,  he  said, and  people  are  exploring  experimental                                                               
shellfish aquaculture  throughout Alaska. He noted  that the bill                                                               
is  modeled after  Alaska's  private,  nonprofit salmon  hatchery                                                               
4:10:26 PM                                                                                                                    
MR. BOWERS  said section 1  of SB 172  gives the Alaska  Board of                                                               
Fisheries  the   authority  to  direct  ADF&G   on  how  enhanced                                                               
shellfish stocks would be managed  in "special harvest areas" for                                                               
cost recovery. He explained that  there are special harvest areas                                                               
for salmon  hatchery operators to  collect fish to  recover their                                                               
costs,  and section  1  of SB  172 does  the  same for  shellfish                                                               
hatcheries.  He said  that once  the brood  stock needs  are met,                                                               
cost  recovery could  then  occur in  the  special harvest  area,                                                               
which could be  "a cost recovery fishery or  an assessment that's                                                               
supplied  to common  property harvesters  in the  special harvest                                                               
area; we do both of those now."                                                                                                 
4:11:35 PM                                                                                                                    
MR. BOWERS  explained that section  2 is not directly  related to                                                               
shellfish enhancement,  but it  increases the  permit application                                                               
fee for  new private,  nonprofit salmon  hatcheries from  $100 to                                                               
$1,000. The  existing fee has been  in place for about  40 years,                                                               
he stated, and the new fee  will more accurately reflect the cost                                                               
of processing the applications.                                                                                                 
SENATOR COGHILL said the increase is  a big deal, and he asked if                                                               
the application must be renewed annually.                                                                                       
MR. BOWERS  replied that the fee  is not for renewals;  it is for                                                               
new projects. There  is only one or two every  several years. New                                                               
hatchery  applications  involve  many staff  and  require  public                                                               
hearings, genetic assessments, and pathology work, for example.                                                                 
SENATOR COGHILL asked if [permittees] can do some of that work.                                                                 
4:13:26 PM                                                                                                                    
MR.  BOWERS said  yes. He  moved on  to section  3, which  is the                                                               
heart  of SB  172  and  provides the  details  of the  permitting                                                               
process.  It addresses  cost recovery  for  hatcheries, sets  the                                                               
application  fee,  allows  ADF&G   to  solicit  information  from                                                               
experts,  and  requires that  a  hatchery  provide a  substantial                                                               
benefit to the  public and not jeopardize  natural stocks. Public                                                               
hearings  and  addressing objections  from  the  public are  also                                                               
required, he explained.                                                                                                         
4:15:16 PM                                                                                                                    
MR. BOWERS  said shellfish brood  stocks must come  from approved                                                               
sources,  ideally  from native  or  nearby  stocks, and  released                                                               
shellfish  will  be  common  property,  except  in  special  cost                                                               
recovery harvest areas.                                                                                                         
4:16:22 PM                                                                                                                    
SENATOR  COSTELLO asked  about [publishing  hearing notices  in a                                                               
newspaper],  and   she  recalled  that  legislation   was  passed                                                               
allowing electronic notices.                                                                                                    
MR. BOWERS  said that  was discussed  as being  somewhat archaic,                                                               
but the Department of Law may have wanted that language.                                                                        
4:17:30 PM                                                                                                                    
SAM  RABUNG,  Aquaculture  Section  Chief,  Commercial  Fisheries                                                               
Division,  Alaska Department  of Fish  and Game  (ADF&G), Juneau,                                                               
said the  bill is verbatim from  the salmon statutes, and  he did                                                               
not make any unnecessary changes.                                                                                               
CHAIR GIESSEL said she was  informed that the bill Representative                                                               
Costello referred to did not pass.                                                                                              
SENATOR COGHILL said  that [allowing electronic notice]  may be a                                                               
good amendment, and  he asked if "designated  areas" are proposed                                                               
to ADF&G or if they are simply designated by the department.                                                                    
4:18:18 PM                                                                                                                    
MR. BOWERS  answered that  the Board  of Fisheries  can establish                                                               
special  harvest  areas.   They  "are  also  laid   out"  in  the                                                               
"comprehensive salmon plan."                                                                                                    
SENATOR  COGHILL  asked if  the  shellfish  industry can  propose                                                               
special harvest areas.                                                                                                          
4:19:08 PM                                                                                                                    
MR. RABUNG explained that the  intent is to harvest the shellfish                                                               
that are produced  by the hatchery. The  hatcheries release stock                                                               
to contribute to  the common property harvest;  however, they are                                                               
allowed  to harvest  a portion  of  that stock  to fund  hatchery                                                               
SENATOR COGHILL  said that he  knows that there are  places "that                                                               
could  or would  be  proposed, I  just didn't  know  who did  the                                                               
vetting." He presented  a scenario where a person wants  to be in                                                               
the  shellfish  industry and  tells  the  state  of a  good  area                                                               
"because there's no  other shellfish in that area;  it's got good                                                               
bottom lines in it; the water  runs the right way; it's the right                                                               
temperature, and Fish  and Game says 'well  we haven't designated                                                               
it, sorry.'"                                                                                                                    
4:20:37 PM                                                                                                                    
MR.  BOWERS  said that  scenario  could  occur, and  ADF&G  would                                                               
evaluate the proposal.                                                                                                          
SENATOR MICCICHE  said oysters  do not  reproduce in  Alaska, and                                                               
"we" purchase spat  from the Lower-48. He asked  about areas that                                                               
are  already permitted  for oysters  and if  they can  be shipped                                                               
around the state for existing aquatic farms.                                                                                    
4:21:22 PM                                                                                                                    
MR. RABUNG answered that SB  172 addresses indigenous species; it                                                               
is  for  fishery  enhancement.  Oysters  are  not  indigenous  to                                                               
Alaska, so farms have to be "under positive control."                                                                           
MR.  BOWERS said  there is  interest in  hatcheries for  red king                                                               
crab  near   Kodiak,  Sand  Point,  the   Pribilof  Islands,  and                                                               
Southeast  Alaska. There  is also  interest in  geoduck, abalone,                                                               
and sea  cucumber farms in  Southeast. The most  interest appears                                                               
to be in red king crab and sea cucumbers, he added.                                                                             
4:22:30 PM                                                                                                                    
SENATOR WIELECHOWSKI  said ADF&G scientists have  opposed geoduck                                                               
fisheries  for  many  years, although  the  legislature  has  now                                                               
allowed it. He asked if some ADF&G scientists oppose SB 172.                                                                    
MR. BOWERS said, "We look at  this as a tool." Each project would                                                               
be evaluated, he stated, and he  would not be testifying if ADF&G                                                               
was  opposed to  the proposal,  but  there could  certainly be  a                                                               
number of hurdles to overcome with any given project.                                                                           
SENATOR WIELECHOWSKI asked him to  provide ADF&G documentation in                                                               
opposition, because  he wants to  hear from both  sides. Geoducks                                                               
have been a  big issue for years,  and "I just want  to make sure                                                               
we go  into this with eyes  open and that this  isn't a political                                                               
decision that's being made."                                                                                                    
SENATOR WIELECHOWSKI  then noted  that Mr.  Bowers has  said that                                                               
only  native species  will be  used; however,  the definition  of                                                               
"shellfish" in SB  172 includes those that are  "authorized to be                                                               
imported  into   the  state   under  a   permit  issued   by  the                                                               
commissioner." It is  a big concern, and he asked  if ADF&G would                                                               
change the definition of shellfish  to exclude nonnative species.                                                               
There are  horror stories from  other states and even  in Alaska,                                                               
he stated. "All the science in  the world supports it at the time                                                               
... and it decimates a fishery."                                                                                                
4:25:10 PM                                                                                                                    
MR. BOWERS said, "We would not object to that."                                                                                 
SENATOR  WIELECHOWSKI   asked  if  there  is   a  prohibition  of                                                               
genetically  modified shellfish  in  the bill,  and  he asked  if                                                               
ADF&G would oppose such a provision.                                                                                            
MR. BOWERS  answered that  SB 172 does  not refer  to genetically                                                               
modified shellfish,  and "I  don't think we  would object  to ...                                                               
such  a prohibition  at all,  provided  that we  could develop  a                                                               
clear definition of what those organisms would be."                                                                             
SENATOR COGHILL said  if natural stock will be  used, "that would                                                               
be fair, but  if it's going to be enhanced,  that could be called                                                               
genetically modified."                                                                                                          
MR. BOWERS  said enhancement relates  to increasing  abundance or                                                               
rehabilitating [stocks], not enhancing organism characteristics.                                                                
4:26:41 PM                                                                                                                    
SENATOR COGHILL said that as  long as indigenous stocks are used,                                                               
then  "the enhancement  stays under  that category."  He said  he                                                               
wanted it to be clear.                                                                                                          
SENATOR MICCICHE said "we" are  growing oysters that are imported                                                               
and do not  reproduce here. There are thousands of  acres of them                                                               
and  we all  love them,  he added.  He questioned  disadvantaging                                                               
oyster growers by not allowing them to grow spat.                                                                               
4:27:28 PM                                                                                                                    
MR. BOWERS answered that spat can  be produced in Alaska, and the                                                               
existing program permits shellfish  hatcheries for the purpose of                                                               
supplying shellfish  to aquatic farms.  He believes there  is one                                                               
hatchery doing that.                                                                                                            
SENATOR MICCICHE  questioned why  the legislature would  not want                                                               
to allow  nonnative, imported species  that were approved  by the                                                               
[ADF&G] commissioner.                                                                                                           
MR. BOWERS noted  that SB 172 addresses  enhancement of fisheries                                                               
by producing shellfish to be released  into the wild; it does not                                                               
relate to  aquatic farms.  "We would only  be taking  brood stock                                                               
out of the  wild, getting the offspring up to  some certain size,                                                               
and  then releasing  them  back  into the  wild  for purposes  of                                                               
enhancing  a fishery  or rehabilitating  a  depressed stock,"  he                                                               
4:29:25 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  about section  6. "You're  including                                                               
them  under the  farmed  fish  definition, and  so  you would  be                                                               
banning farmed fishing of shellfish?"                                                                                           
MR. BOWERS said that is correct.                                                                                                
4:29:55 PM                                                                                                                    
MR. BOWERS  said section 3  describes the cost  recovery fishery;                                                               
section  4 allows  the Commercial  Fisheries Entry  Commission to                                                               
issue special harvest  area permits; section 5  defines the legal                                                               
fishing gear for  the hatchery, and section  7 provides liability                                                               
immunity to  nonprofit hatchery  operators who  donate fish  to a                                                               
food bank. He said sometimes there  is excess brood stock or less                                                               
productive stock  that hatcheries  donate. Section  8 establishes                                                               
an Alaska  corporate income tax exemption  for hatcheries-"that's                                                               
the nonprofit  part;" section 9  exempts cost  recovery fisheries                                                               
from  business   taxes;  and  sections  10-12   contain  standard                                                               
implementation language.                                                                                                        
4:32:20 PM                                                                                                                    
CHAIR GIESSEL opened public testimony.                                                                                          
4:32:51 PM                                                                                                                    
NANCY  HILLSTRAND,  Owner,  Pioneer Alaskan  Fisheries,  Kachemak                                                               
Bay,  Alaska,  said Pioneer  Alaska  Fisheries  is a  52-year-old                                                               
Alaskan  corporation, and  she has  21 years  of experience  with                                                               
hatcheries and  salmon stream  rehabilitation. When  the original                                                               
legislation was written,  she stated, it was  an innocent attempt                                                               
to rehabilitate  depressed salmon fisheries while  being mandated                                                               
to   operate   without   adversely  affecting   natural   stocks.                                                               
Unfortunately,  she said,  the hatcheries  are a  drain on  state                                                               
revenues. Adding shellfish hatcheries  will further burden Alaska                                                               
budgets,  because   it  will  be   difficult  to   have  adequate                                                               
oversight. She stated  that "they're having a hard  time with the                                                               
pink salmon process,  and we have a lot of  problems down here in                                                               
Lower Cook  Inlet with strays and  fish going up streams  and ...                                                               
fish not getting mopped up."                                                                                                    
MS. HILLSTRAND recommended analyzing  the economics of [shellfish                                                               
hatcheries]  and looking  at the  underlying causes  of shellfish                                                               
depletion.  She  said  that in  1976,  Commissioner  Carl  Rosier                                                               
admitted  that   shellfish  were   overharvested,  and   after  a                                                               
political shift  in 1977,  "we built hatcheries  right on  top of                                                               
the  shellfish nursery  here in  Kachemak Bay."  Pink salmon  eat                                                               
larvae,  so  the "innocent"  legislation  now  produces almost  2                                                               
billion  little pink  salmon  that are  eating  "our larvae,"  so                                                               
maybe  the state  should  look  at the  underlying  cause of  the                                                               
shellfish  problem. The  state has  an ideology,  she stated,  in                                                               
favor of  hatcheries, and  it does  not allow  open doors  of new                                                               
information to come in.                                                                                                         
MS.  HILLSTRAND said  that the  controversies that  surround this                                                               
issue show that  there really needs to be  an open-door situation                                                               
for new scientific information in  order to prevent mistakes that                                                               
will  impact  Alaska's  natural stock.  She  explained  that  the                                                               
American  Fisheries  Society has  seven  points  "that they  talk                                                               
about," and one includes opening  the door for science. There are                                                               
underlying costs  that people are  not aware of, she  stated. She                                                               
asked  if   all  comprehensive   measures  have  been   taken  to                                                               
comprehend, mitigate, and correct  underlying causes of localized                                                               
depletions of Alaska's  shellfish. She does not  believe that has                                                               
been done;  "I think we're  actually adding  a problem on  top of                                                               
it." She  recommended oversight  because the  commissioner cannot                                                               
do all of these jobs. She  said there needs to be an independent,                                                               
neutral council,  and she suggested using  the American Fisheries                                                               
Society, "because they  seem to have their pulse  on what's going                                                               
on with hatcheries ... and are  more up-to-date than the State of                                                               
Alaska." An  independent, unbiased  group that  can bring  in the                                                               
new  science  would provide  the  third  leg  of the  stool,  she                                                               
stated.  She  said that  some  ADF&G  staff  are not  allowed  to                                                               
discuss hatcheries, unless they agree  "with it." She said she is                                                               
hoping that SB  172 will not go forward until  a cost analysis is                                                               
done  on existing  hatcheries.  A report  by  ISER [Institute  of                                                               
Social and  Economic Research, Anchorage,  AK] shows some  of the                                                               
costs  that the  state  has  had to  contribute,  but a  McDowell                                                               
[Group] report does  not show those costs, she  said, which makes                                                               
it look like hatcheries are free.                                                                                               
MS. HILLSTRAND  said the  wording of  SB 172  seems to  allow the                                                               
movement of  crab or  other shellfish around  the state  with the                                                               
commissioner's blessings.  She said that is  dangerous and should                                                               
not  be  allowed.  She  added  that there  is  no  definition  of                                                               
"enhancement,"  "restoration,"  or "rehabilitation"  in  statute,                                                               
and these words need to be defined.                                                                                             
4:38:27 PM                                                                                                                    
MS.  HILLSTRAND  summarized  that  there needs  to  be  a  debate                                                               
pertaining  to hatcheries  so that  Alaska's wild  stocks can  be                                                               
CHAIR GIESSEL  noted that Ms.  Hillstrand's written  testimony is                                                               
available online.                                                                                                               
4:39:13 PM                                                                                                                    
STEVE  RYKACZEWSKI, Oyster  Farmer,  Homer, Alaska,  said he  was                                                               
thrilled  that  Governor  Bill Walker  recently  established  the                                                               
Alaska Mariculture  Taskforce. He  said he has  just seen  SB 172                                                               
and is  still trying  to understand it.  The bill  only addresses                                                               
enhancement, and  that is  not his focus,  he explained.  He said                                                               
the  Kachemak  Shellfish  Mariculture Association  constructed  a                                                               
remote  setting facility  four years  ago in  response to  a West                                                               
Coast  shortage of  oyster  seed. A  remote  setting facility  is                                                               
where the larvae continue their  growth after they are hatched in                                                               
a  hatchery, he  explained. He  believes  it is  the only  Alaska                                                               
facility  producing oyster  seed. Two  days ago,  ADF&G issued  a                                                               
"fish  resource permit,"  allowing the  experimental hatching  of                                                               
oysters in his existing facility.  "If we're successful, we could                                                               
become an oyster hatchery in the  near future," he said. He noted                                                               
that SB 172  might not apply, but it states  that the application                                                               
fee for  a new  facility would  be $1,000, and  "our budget  is a                                                               
shoestring and  we count,  literally, every  nickel." A  $100 fee                                                               
seems more reasonable, he said,  instead of increasing it by ten-                                                               
fold.  A diversified  mariculture  can  ultimately provide  state                                                               
revenue, but "please don't hamstring our efforts at this stage."                                                                
4:42:27 PM                                                                                                                    
CHERYL  RYKACZEWSKI,  Secretary, Kachemak  Shellfish  Mariculture                                                               
Association, Homer,  Alaska, said the association  is a nonprofit                                                               
organization supporting  mariculture in Southcentral  Alaska. The                                                               
group is 25-years old and the  goal has long been to hatch oyster                                                               
larvae from  Alaskan oyster  brood stock,  which would  come from                                                               
local oyster farms, she stated.  Currently, the oysters reared in                                                               
the group's remote  setting facility are placed  in Alaska oyster                                                               
farms,  but the  larvae  come  from Oregon.  She  noted that  her                                                               
perspective is from  an oyster farming viewpoint, and  she is not                                                               
sure  that   SB  172  addresses   that;  however,   allowing  and                                                               
encouraging  shellfish   hatcheries  in  Alaska  will   help  the                                                               
shellfish industry grow. Keeping  the permit application fees low                                                               
will  help  sustain that  growth  during  its early  stages,  she                                                               
4:43:59 PM                                                                                                                    
CHAIR  GIESSEL  announced that  public  testimony  would be  left                                                               
open. She asked Mr. Bowers if the bill applies to oysters.                                                                      
MR. BOWERS answered  that the bill does not  cover oyster farming                                                               
operations,  which are  permitted under  separate statutes.  This                                                               
bill addresses the enhancement of  wild stocks in Alaska only. It                                                               
is  analogous  to  the  state's efforts  in  enhancing  the  five                                                               
species of  salmon that are  native to  Alaska, and SB  172 could                                                               
enhance king crab, sea cucumbers, or geoduck clams, for example.                                                                
4:45:30 PM                                                                                                                    
SENATOR   WIELECHOWSKI   asked   Mr.  Bowers   to   address   Ms.                                                               
Hillstrand's  questions  and  concerns about  costs,  monitoring,                                                               
definitions, and impacts on other species.                                                                                      
MR.  BOWERS  said  Ms. Hillstrand's  concerns  about  independent                                                               
oversight are  addressed in section 3.  "We specifically describe                                                               
a mechanism for that where  the commissioner would be required to                                                               
consult  with  outside experts  ...  and  they would  advise  the                                                               
commissioner on permit issuance," he told the committee.                                                                        
CHAIR GIESSEL asked where that language was.                                                                                    
MR.  BOWERS said  lines  22-24  on page  2  address the  concerns                                                               
expressed by  Ms. Hillstrand. "We  also specifically  address the                                                               
location where  brood stock would  be taken in relation  to their                                                               
release site," he stated, desiring  that brood stock come from an                                                               
area close  to where the fish  are released. He pointed  out that                                                               
ADF&G is  not taking salmon  from Bristol Bay and  releasing them                                                               
in Southeast  Alaska. There may  be bays off Kodiak  Island where                                                               
crab  no longer  exist  or there  are too  few  to collect  brood                                                               
stock, so ADF&G might take crab from other parts of the island.                                                                 
4:48:13 PM                                                                                                                    
MR. BOWERS  said ADF&G  is going  to try to  get the  brood stock                                                               
from the geographic area that it is trying to enhance.                                                                          
CHAIR GIESSEL  asked him to  verify the  bill section. "I  see it                                                               
starting  on  line  11  on   page  3;  it's  a  pretty  extensive                                                               
description." She noted a provision  on surplus shellfish on line                                                               
4:48:53 PM                                                                                                                    
MR. BOWERS said that page 5,  lines 8-13, states that brood stock                                                               
will be native to the area  where the shellfish will be released.                                                               
Brood stock  from other areas  would need approval, and  "that is                                                               
something  we   would  evaluate."  It  would   not  be  permitted                                                               
automatically, he said.                                                                                                         
SENATOR WIELECHOWSKI  asked if stock  could come from  Kodiak and                                                               
transplanted to Southeast Alaska.                                                                                               
MR. BOWERS said ADF&G "would  go through this review process." He                                                               
noted that  the department  is working on  a genetics  policy for                                                               
shellfish, and  it will be a  companion to SB 172  because of the                                                               
interest in  shellfish enhancement.  He then  said, "I  can't say                                                               
that we would permit that particular example."                                                                                  
4:50:12 PM                                                                                                                    
SENATOR  WIELECHOWSKI noted  that he  can  only read  what is  in                                                               
front of him, and on page 5, lines 11-13, it reads:                                                                             
     (b)  Where  feasible,  shellfish taken  by  a  hatchery                                                                    
     operator  shall first  be taken  from stocks  native to                                                                    
     the area in  which the shellfish will  be released, and                                                                    
     then, upon  department approval,  from other  areas, as                                                                    
SENATOR  WIELECHOWSKI  pointed out  that  the  language seems  to                                                               
allow taking a shellfish from  Cook Inlet and transplanting it to                                                               
Southeast.  He asked  if Mr.  Bowers would  support deleting  the                                                               
second half of [subsection (b)].                                                                                                
MR. BOWERS said ADF&G would not have any objection to that.                                                                     
4:51:09 PM                                                                                                                    
CHAIR GIESSEL  thanked the  testifiers and  asked them  to submit                                                               
answers to  the questions  posed by the  committee. She  said she                                                               
will hold SB  172 and take it  up in a couple of  weeks after she                                                               
consults with Senator Wielechowski regarding amendments.                                                                        

Document Name Date/Time Subjects
SB164 ver A.pdf SRES 3/4/2016 3:30:00 PM
SB 164
SB164 - Sectional Analysis.pdf SRES 3/4/2016 3:30:00 PM
SB 164
SB164 Sponsor Statement - Governor's Transmittal letter.pdf SRES 3/4/2016 3:30:00 PM
SB 164
SB164-F&G-CO-2-2-16.pdf SRES 3/4/2016 3:30:00 PM
SB 164
SB164-Fiscal Note-DPS-1-29-2016.pdf SRES 3/4/2016 3:30:00 PM
SB 164
SB172 ver A.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172 Sponsor Statement - Governor's Transmittal letter.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172- Sectional Analysis.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172-DFG-CF-2-5-16.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172-Supporting Document-UFA Support.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172-Supporting Document-AKCRRAB Support.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172-Supporting Document-AFDF Support.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172-Supporting Document-PVOA Support.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172-Comment-Nancy Hillstrand.pdf SRES 3/4/2016 3:30:00 PM
SB 172
SB172-Supporting Document-SEAFA.pdf SRES 3/4/2016 3:30:00 PM
SB 172