Legislature(2015 - 2016)BUTROVICH 205

03/16/2016 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSSB 172(RES) Out of Committee
-- Public Testimony --
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 172-FISH/SHELLFISH HATCHERY/ENHANCE. PROJECTS                                                                    
3:31:31 PM                                                                                                                    
CHAIR GIESSEL announced consideration of SB 172 [version 29-                                                                    
GS2653\A was before the committee].                                                                                             
SENATOR COSTELLO moved to adopt CSSB 172, version 29-GS2653\E.                                                                  
CHAIR GIESSEL objected for discussion purposes and invited her                                                                  
staff to explain the changes.                                                                                                   
3:32:24 PM                                                                                                                    
SENATOR MICCICHE joined the committee.                                                                                          
3:32:37 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
AKIS  GIALOPSOS,   staff  to  Senator  Giessel   and  the  Senate                                                               
Resources  Committee, Juneau,  Alaska, explained  the changes  in                                                               
the E  version. Aside  from four  changes at  the request  of one                                                               
member of  the committee,  the remainder of  the changes  were at                                                               
the request of the department, he said.                                                                                         
The first change is a title change that reflects:                                                                               
1. The title is changed to reflect the following changes:                                                                       
"An  Act   relating  to  management   of  stocks   of  shellfish;                                                             
authorizing   certain  nonprofit   organizations  to   engage  in                                                             
shellfish  stock  rehabilitation  efforts,  carry  out  shellfish                                                             
enhancement projects, and  operate shellfish hatcheries; relating                                                             
to application  fees for salmon  hatchery permits;  and providing                                                             
for an effective date."                                                                                                       
2. Page 2,  Lines 13-14, inserts a new title  for the new chapter                                                               
12:   "Shellfish   Stock  Rehabilitation   Efforts,   Enhancement                                                               
Projects, and Hatcheries."                                                                                                      
3.  Page 2,  Lines  15-19, reflect  language  changes to  include                                                               
shellfish stock  rehabilitation and  enhancement projects  in the                                                               
section; along with existing language that included hatcheries.                                                                 
4.  Page  2,  Lines  22-24,  changes  the  language  by  removing                                                               
"hatchery permit"  and replacing it  with "a permit  issued under                                                               
this section." Also removes "a  hatchery" and replaces it with "a                                                               
5.  Page  2,  Lines  28-30,   restructures  the  wording  of  the                                                               
paragraph without substantive changes.                                                                                          
6.  Page  3,   Lines  6-10,  restructures  the   wording  of  the                                                               
paragraph. Adds  the terms  proposed stock  rehabilitation effort                                                               
and  enhancement project  (line  7) to  the  paragraph. Adds  the                                                               
words "the capacity of the facility" (line 9) to the paragraph.                                                                 
7. Page 3,  Lines 15-16, removes the words  "a hatchery operator"                                                               
and replaces them with "a permit issued under this chapter."                                                                    
8.  Page  3,  Lines  17-20,   restructures  the  wording  of  the                                                               
paragraphs without substantive changes.                                                                                         
3:35:16 PM                                                                                                                    
9.  Page 3,  Lines  21-22,  adds a  new  paragraph prohibiting  a                                                               
permit  holder from  procuring  or  placing genetically  modified                                                               
shellfish into the water of the state. (From a committee member)                                                                
10.  Page  3,  Lines  23-31,  restructures  the  wording  of  the                                                               
paragraphs without substantive changes.                                                                                         
11.  Page  4,   Lines  1-3,  restructures  the   wording  of  the                                                               
paragraph.  Removes the  words "operators  of other  hatcheries,"                                                               
replacing them with "other permit holder."                                                                                      
12.  Page  4,   Lines  4-8,  restructures  the   wording  of  the                                                               
paragraphs without substantive changes.                                                                                         
13. Page 4,  Lines 21-22, removes the  word "hatchery," replacing                                                               
it with  "permit holder." Also replaces  "AS 16.12.010-16.12.199"                                                               
with "this chapter." (Allegedly a bill drafting conformity.}                                                                    
3:36:19 PM                                                                                                                    
SENATOR STOLTZE  asked if there  is another potential  motive out                                                               
MR. GIALOPSOS answered that he meant nothing by "allegedly."                                                                    
14.  Page 4,  Line  25, removes  the  words "hatchery  operator,"                                                               
replacing it with "permit holder."                                                                                              
15.  Page 4,  Line 29,  replaces the  words "hatchery  operators"                                                               
with "permit holders."                                                                                                          
16.  Page  4, Line  31,  replaces  "AS 16.12.010-16.12.199"  with                                                               
"this chapter."                                                                                                                 
17. Page 5,  Lines 4-5, replaces "in  the planning, construction,                                                               
or  operation   of  shellfish  hatcheries"  with   "as  to  stock                                                               
rehabilitation  efforts, enhancement  projects, or  the planning,                                                               
construction, and operation of facilities."                                                                                     
18.  Page  5, Line  7/Page  5,  Line  8 replaces  "AS  16.12.010-                                                               
16.12.199" with "this chapter."                                                                                                 
19.  Page  5,  Lines  12-13,  restructures  the  wording  of  the                                                               
paragraph.  Removes   the  words   "and  then,   upon  department                                                               
approval,  from other  areas, as  necessary."  (From a  committee                                                               
20. Page 5, Line 15,  replaces "shellfish hatchery operator" with                                                               
"permit holder."                                                                                                                
21. Page 5,  Line 16, replaces "another  hatchery operating under                                                               
a  permit  issued  under AS  16.12.010-16.12.199"  with  "another                                                               
permit holder under this chapter."                                                                                              
22.  Page  5,  Line  18-19,   restructures  the  wording  of  the                                                               
paragraph without substantive changes.                                                                                          
23.  Page  5,  Lines  20-22,  restructures  the  wording  of  the                                                               
paragraph without substantive changes.                                                                                          
24. Page 5,  Lines 23-23, replaces "a hatchery  permit holder may                                                               
harvest  shellfish for  a  facility" with  "a  permit holder  may                                                               
harvest  shellfish   for  a   stock  rehabilitation   effort,  an                                                               
enhancement project, or a hatchery."                                                                                            
25. Page  5, Lines 30-31/Page  6, Lines 1-2 replaces  "a hatchery                                                               
permit holder"  with "a permit  holder;" replaces  "membership of                                                               
the hatchery permit holder's board"  with "permit holders board;"                                                               
replaces  "established  for  that  facility  through  the  common                                                               
property fishery" with "established  for stock rehabilitation, an                                                               
enhancement project,  or a hatchery  through the  common property                                                               
26. Page 6, Line 11, replaces "hatchery" with "permit holder."                                                                  
27. Page 6, Line 13, replaces "hatchery" with "permit holder."                                                                  
28.  Page  7, Line  4,  replaces  "hatchery permit  holder"  with                                                               
"permit holder."                                                                                                                
29. Page  7, Line 8,  replaces "shellfish hatchery"  with "permit                                                               
holder's  stock rehabilitation  effort,  enhancement project,  or                                                               
30. Page  7, Lines  19-20, replaces  "hatchery permit  holder who                                                               
operates a  facility" with "permit  holder who  is rehabilitating                                                               
stock,  carrying  out  an enhancement  project,  or  operating  a                                                               
31. Page  7, Lines 30-31/Page  8, Line 1, removes  the definition                                                               
of "facility" from subsection (g)."                                                                                             
32. Page 8,  Line 3, replaces the title  "Inspection of hatchery"                                                               
with "Inspection by the department."                                                                                            
33. Page  8, Lines 3-7,  includes the terms  stock rehabilitation                                                               
facility and  enhancement project facility to  be inspected along                                                               
with hatcheries by the Department of Fish and Game.                                                                             
34. Page 8, Lines 8-9,  restructures the wording of the paragraph                                                               
without substantive changes.                                                                                                    
35.  Page  8,   Lines  10-19,  reformats  the   paragraph  to  be                                                               
3:40:48 PM                                                                                                                    
36. Page  8, Line  19, removes the  word "hatchery,"  inserts the                                                               
words "by the permit holder."                                                                                                   
37.  Page 8,  Lines 25-26,  inserts a  definition of  "facility."                                                               
NOTE:  This  definition is  different  than  the one  removed  in                                                               
change 31.                                                                                                                      
38. Page  8, Lines  27-31, inserts  a definition  of "genetically                                                               
modified shellfish." (by a committee member)                                                                                    
39. Page 9, Line 4, the  definition of "shellfish" is modified to                                                               
remove the words  "or that is authorized to be  imported into the                                                               
state  under  a  permit  issued by  the  commissioner."  (From  a                                                               
committee member)                                                                                                               
40.  Page   9,  Lines  5-6,   inserts  a  definition   of  "stock                                                               
41. Page 9, Lines 8-14,  reformats Section 4(a) to constitute two                                                               
new paragraphs. Replaces  "AS 16.12.010-16.12.199 for shellfish,"                                                               
with  "(2)  nonprofit organizations  holding  a  permit under  AS                                                               
16.12 for  a shellfish stock  rehabilitation effort,  a shellfish                                                               
enhancement project, or a shellfish hatchery."                                                                                  
42. Page 10, Line 1, inserts the words "or other facility."                                                                     
3:42:05 PM                                                                                                                    
43. Page  10, Lines  19-30, inserts  a new  Section 9  to comport                                                               
with the  repeal and reenactment  language of sec. 2,  ch.55, SLA                                                               
2013, related to Section 8 (Page 10, Lines 4-18).                                                                               
44. Page 11, Line 10, removes the words "may proceed to."                                                                       
45. Page 11,  Lines 15-16, inserts a new  Section 14, instituting                                                               
an effective date for the new Section 9 (Page 10, Lines 19-30).                                                                 
CHAIR GIESSEL  asked Senator Wielechowski  if he wished  to speak                                                               
to  any changes  he had  offered.  He indicated  no. She  invited                                                               
department forward to give them their rationale.                                                                                
3:43:41 PM                                                                                                                    
FORREST   BOWERS,  Deputy   Director,   Division  of   Commercial                                                               
Fisheries, Alaska  Department of  Fish and Game  (ADF&G), Juneau,                                                               
Alaska, said  they appreciate the  changes the committee  made to                                                               
SB 172. The public seemed to  be confused about the bill's focus.                                                               
The first  draft focused on  hatcheries, and these changes  add a                                                               
definition  of "stock  rehabilitation and  enhancement projects,"                                                               
which could  be a  component of  an enhancement  project, because                                                               
that is  what the bill  is supposed  to be about,  not hatcheries                                                               
SENATOR WIELECHOWSKI asked  if they checked to see  if there were                                                               
any differing  written opinions within  the department  about the                                                               
appropriateness of this legislation.                                                                                            
MR. BOWERS answered  yes; they checked, but they  didn't find any                                                               
written documentation  of objections  to SB 172.  Some department                                                               
staff may  not feel  that hatcheries are  an appropriate  tool to                                                               
use  in fisheries  management, but  it is  statutorily authorized                                                               
and directed  to use them.  The department owns and  operates two                                                               
hatcheries through the Division of Sport Fish and owns more.                                                                    
3:46:14 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if  the  department's concerns  were                                                               
over cost or invasive species.                                                                                                  
MR. BOWERS answered he hadn't  heard any concerns related to this                                                               
bill  directly, but  as discussions  about shellfish  enhancement                                                               
and  rehabilitation  have developed  over  the  years, they  were                                                               
primarily  related to  how to  manage  enhanced shellfish  stocks                                                               
under the current fisheries structure.                                                                                          
He explained  that shellfish, crab specifically,  can't be marked                                                               
the way  salmon are marked, because  of the biology of  crab they                                                               
would mix with wild stocks in many cases.                                                                                       
CHAIR  GIESSEL  removed  her objection  and  finding  no  further                                                               
objections,  announced  that  work   draft  E  was  adopted.  She                                                               
continued public testimony.                                                                                                     
CHRIS MIERZEJEK,  Aleutian Pribilof Island  Community Development                                                               
Association  (APICDA), Anchorage,  Alaska, supported  SB 172.  He                                                               
has been a resident of rural  Alaska for 20 years and that APICDA                                                               
is one  of the community  development quota (CDQ) groups.  SB 172                                                               
is  a good  start in  creating a  regulatory framework  that will                                                               
provide   communities   with   economic   benefits   to   explore                                                               
mariculture activities.                                                                                                         
3:50:39 PM                                                                                                                    
HEATHER  MCCARTY,   Lobbyist,  Central  Bering   Sea  Fishermen's                                                               
Association (CBSFA),  Kodiak, Alaska,  said she is  also co-chair                                                               
of  the  Steering  Committee  for   Alaska  King  Crab  Research,                                                               
Rehabilitation  and Biology  (AKCRRAB).  They support  SB 172  as                                                               
well as the  CS. The other AKCRRAB co-chair is  Dr. Ginny Eckert,                                                               
who  is a  biologist at  the  University of  Alaska Fairbanks  in                                                               
Juneau. She  said that ABSFA  has been involved with  AKCRRAB for                                                               
seven or  eight years as  a coalition of industry  and scientists                                                               
and  agencies  to  develop  techniques  to  raise  king  crab  in                                                               
hatcheries for  the purpose  of rehabilitating  Red King  Crab in                                                               
the Kodiak area and Pribilof Island  Blue King Crab in the Bering                                                               
Sea.   They  are doing  it because  other efforts  to bring  back                                                               
those stocks have not been successful.                                                                                          
3:53:01 PM                                                                                                                    
JEFF  STEPHAN, United  Fishermen's Marketing  Association (UFMA),                                                               
Kodiak,  Alaska,  said  he  is   also  on  the  AKCRRAB  Steering                                                               
Committee.  He supported  the changes  in CSSB  172. He  said the                                                               
original intention  in forming  this organization  was to  try to                                                               
add  some  money  to  ADF&G's effort  to  better  understand  and                                                               
promote research  on crab  and bring the  University in  a little                                                               
bit  more.  One objective  was  to  develop some  local  graduate                                                               
students  and  try   to  keep  them  in  Alaska   that  would  be                                                               
knowledgeable  about king  crab  biology. They  have worked  very                                                               
closely  with  the  National Marine  Fisheries  Service  and  the                                                               
Alaska Department of Fish and Game (ADF&G) for many years.                                                                      
This  initiative  began  back  in   1996  with  an  international                                                               
symposium  in  Kodiak  that included  the  countries  of  Norway,                                                               
Chile, Eastern  Canada, Japan, and  Argentina, that laid  out how                                                               
to proceed  with their research and  enhancement activities. They                                                               
followed  up  about 10  years  later  with another  international                                                               
conference  that brought  people in  from Russia  along with  the                                                               
other countries he mentioned.                                                                                                   
MR.  STEPHAN   said  they   absolutely  support   the  standards,                                                               
customary genetic practices, and  protective measures required by                                                               
the ADF&G.  They do a very  good job, and this  bill allows these                                                               
studies to move forward in a little bit more of a formal manner.                                                                
3:56:46 PM                                                                                                                    
GINNY  ECKERT,  Professor  of  Fisheries,  University  of  Alaska                                                               
Fairbanks at  Lena Point, Juneau,  Alaska, supported SB  172. She                                                               
is also  the science director for  the AKCRRAB program and  is an                                                               
expert  in shellfish  ecology.  She has  been  working in  Alaska                                                               
since  2000  and on  king  crab  rehabilitation since  2007.  She                                                               
thanked the department  and the committee for  their efforts with                                                               
this bill.                                                                                                                      
Responding to the questions about  the rationale for this work at                                                               
the last hearing,  she said seven out of 10  red king crab stocks                                                               
are closed to  fishing in Alaska and many have  been closed since                                                               
the  1980s. There  has been  a clear  lack of  recovery for  many                                                               
decades. Their  evidence and research indicates  that recruitment                                                               
is  limited  and these  enhancement  efforts  may be  successful.                                                               
These  efforts   could  be  very   important  to   small  coastal                                                               
communities, not  only to rehabilitate commercial  fisheries, but                                                               
also for sport and subsistence purposes.                                                                                        
MS.   ECKERT  said   other   shellfish   species  have   explored                                                               
enhancement,  but  there  is  also  need  in  the  areas  of  sea                                                               
cucumbers  and  other  mollusks.  She  was  available  to  answer                                                               
questions about those as she is familiar with the efforts.                                                                      
SENATOR  WIELECHOWSKI  said he  is  generally  supportive of  the                                                               
bill, but  his only  concern is about  unintended impacts  to the                                                               
ecosystem  by   placing  new   species  with   different  genetic                                                               
compositions in it.  He asked if she shared that concern.                                                                       
MS. ECKERT  replied yes. The  bill states  that the stocks  to be                                                               
rehabilitated are ones that should  be native stocks to the area,                                                               
and  they definitely  support  that. It's  very  clear about  not                                                               
bringing  anything  in  from outside  the  state  and  definitely                                                               
nothing genetically modified.  The work she has done  to date has                                                               
only been conducted  in areas where there are  no natural stocks.                                                               
It is reasonable to be concerned about natural stocks.                                                                          
She explained that they have  also been working closely to ensure                                                               
that there is  genetic diversity among the  released animals. The                                                               
department regulates this activity.                                                                                             
4:00:31 PM                                                                                                                    
From  a   scientific  perspective,  she  said   king  crabs,  and                                                               
shellfish in general, are very  different from salmon.  It's very                                                               
likely that  there is the idea  that a certain number  of animals                                                               
are going  to thrive and  a certain  number aren't. They  will do                                                               
their best  to replicate  that in  hatchery environments  and not                                                               
modify the genetic  composition, but the reality  is that through                                                               
overfishing  and  other  processes  the  genetic  composition  is                                                               
changing  anyhow. So  there  is an  impact  from recovering  from                                                               
SENATOR WIELECHOWSKI asked  her to what she  attributes the crash                                                               
in red and blue king crab stocks.                                                                                               
MS. ECKERT answered that king  crab are vulnerable to overfishing                                                               
and the historical fishing rates  were really high. Also, quite a                                                               
few foreign  fleets participated. A  lot more is known  now about                                                               
fishing rates.  There are theories  about trawling  catching king                                                               
crab  as bycatch,  so it  wasn't  necessarily directed  fisheries                                                               
that were leading to the  crash. King crab aggregate together and                                                               
that makes them particularly vulnerable  to overfishing - through                                                               
directed and undirected fishing, she added.                                                                                     
SENATOR MICCICHE  asked if the  bill ties the  department's hands                                                               
from using  adjacent stock  where there  was a  complete regional                                                               
failure of a species that  essentially has no stock remaining for                                                               
MS. ECKERT  answered that the  bill has language on  "Brood stock                                                               
sources" on  page 5, line 9  that says "(a) The  department shall                                                               
approve  the source  and number  of  shellfish taken  for use  as                                                               
brood stock¼   (b) Where  feasible, a  permit holder  shall first                                                               
take  shellfish from  stocks  native  to the  area  in which  the                                                               
shellfish will be released."                                                                                                    
She thought that language left the  department open to be able to                                                               
look to the closest possible  source and allows rehabilitation of                                                               
the stocks of the kind crab she is familiar with.                                                                               
4:03:57 PM                                                                                                                    
JEFF  HETRICK,   Director,  Alutiiq  Pride   Shellfish  Hatchery,                                                               
Seward,  Alaska,  supported  SB  172. He  said  the  hatchery  is                                                               
operated by  the Chugach Regional  Resources Commission.  He said                                                               
he is  also a member of  AKCRRAB that is largely  responsible for                                                               
this  legislation. It  is needed  because for  the last  15 years                                                               
they  have  been  doing  strictly  experimental  work  under  the                                                               
Fisheries  Resource  Permit  and  the  Commission's  permit.  The                                                               
department has been very cooperative  in allowing them to do some                                                               
of  these   projects.  They  have  worked   with  developing  the                                                               
technology for  raising razor clams,  cockles, butter  clams, and                                                               
little neck clams, and do  some small out-stocking experiments to                                                               
see how they  grow - trying to figure out  what the bottleneck is                                                               
for production.                                                                                                                 
He added that a lot of  shellfish stocks are decimated as well as                                                               
the  crab stocks  and  there  is no  commercial  fishery on  hard                                                               
clams. Most subsistence and personal  use fisheries are declining                                                               
to the  point where people  don't bother doing it.  These efforts                                                               
are  not guaranteed  to work,  but this  bill allows  enhancement                                                               
projects on  a larger  scale that could  make a  difference. They                                                               
would go  from stocking  numbers of  5 or 10  thousand to  a half                                                               
MR. HETRICK said  AKCRRAB has worked hand in hand  with ADF&G for                                                               
years. It has very strict  pathology and genetic requirements and                                                               
"provides more than  adequate oversight." If this  bill is passed                                                               
it  will  reduce  the  department's   costs  for  managing  these                                                               
projects. He has a notebook full  of permits for last year, which                                                               
is four  inches thick, because  of the way the  current Fisheries                                                               
Resource Permit Program is administered.                                                                                        
4:07:50 PM                                                                                                                    
JAMES  AGULAR,  owner,  Eagle Shellfish  Farm,  Cordova,  Alaska,                                                               
supported CSSB  172, version \E.  It's a good starting  point for                                                               
economic development in the coastal  communities, he said, but he                                                               
has  one problem  with it:  Section  7(c) the  donations to  food                                                               
banks.  Mollusks  are  shellfish  and  sometimes  have  paralytic                                                               
shellfish  poisoning  (PSP),  and   this  section  allows  giving                                                               
shellfish to anybody  without it being tested by the  DEC for any                                                               
4:09:39 PM                                                                                                                    
JULIE  DECKER, Executive  Director, Alaska  Fisheries Development                                                               
Foundation, Juneau,  Alaska, supported  CSSB 172. She  said their                                                               
non-profit membership is comprised  of fishermen, processors, and                                                               
support sector  businesses, and  it has  been around  since 1978.                                                               
Their mission  is to identify  common problems  and opportunities                                                               
across  the  state  in  the seafood  industry  and  help  develop                                                               
solutions primarily using research  and development. Their aim is                                                               
to   balance    economic   opportunities    with   sustainability                                                               
She  said that  CSSB  172  plays a  role  in  the development  of                                                               
Mariculture in  Alaska. Her organization has  been spearheading a                                                               
project called  the "Alaska  Mariculture Initiative"  to expedite                                                               
the development  of mariculture in  the state with the  vision of                                                               
growing a billion dollar industry in 30 years.                                                                                  
This also  reinforces the Governor's recent  Administrative Order                                                               
(AO) that establishes the Alaska  Mariculture Task Force with the                                                               
intent to  recommend a  comprehensive plan  for going  about this                                                               
4:11:49 PM                                                                                                                    
MS. DECKER  stated the  SB 172  creates the  regulatory framework                                                               
that  will allow  for  this type  of  shellfish enhancement.  She                                                               
pointed  out that  her  organization is  a  client for  different                                                               
sustainability   certifications,  both   MSC  and   Alaska's  RFM                                                               
program.  In   that  role  she   very  clearly   understands  the                                                               
importance  of ADF&G's  strict rules  about hatcheries  and their                                                               
management.   It   comes   into  play   in   the   sustainability                                                               
certification process, and  it's one of the  things that actually                                                               
really protects the mariculture industry.                                                                                       
4:12:53 PM                                                                                                                    
ANGEL  DROBNICA, Aleutian  Pribilof Island  Community Development                                                               
Association (APICDA),  Kodiak, Alaska,  supported SB 172  and the                                                               
CS. Under the program the  association is charged with increasing                                                               
fishing  related  economic  development opportunities  for  their                                                               
members.  Mariculture is  a  tremendous  opportunity for  western                                                               
Alaska, not  only for  business and  revenue generation,  but for                                                               
potentially   increasing   access   to   subsistence   fisheries,                                                               
workforce  development  and  training,  and  research  to  better                                                               
understand  the impacts  of climatic-related  ocean changes,  and                                                               
building resiliency in adapting to those changes.                                                                               
She  said APICDA  is  a member  of  Alaska Fisheries  Development                                                               
Foundation, which spearheaded  the Alaska Mariculture initiative,                                                               
and  they have  also been  involved in  the AKCRRAB  program. The                                                               
coalition  has  achieved  great success  in  achieving  a  better                                                               
understanding of  the life  history and ecology  of red  and blue                                                               
king crab.  They hope this  research will eventually lead  to the                                                               
rehabilitation  of  depressed  king  crab stocks  in  Alaska  and                                                               
result  in restored  commercial and  subsistence harvest  for the                                                               
fisheries-dependent communities in the Pribilof Islands.                                                                        
MS. DROBNICA said SB 172 will  fill a current gap that exists for                                                               
permitting and regulating restoration  efforts and will provide a                                                               
very important framework for future  mariculture development.  SB
172 is  consistent with  the initiative  and the  governor's task                                                               
CHAIR  GIESSEL  thanked  her and  finding  no  further  comments,                                                               
closed  public testimony  on SB  172. She  mentioned a  suggested                                                               
amendment  in Section  7 to  address  paralytic shellfish  poison                                                               
4:16:04 PM                                                                                                                    
SAM  RAYBUNG, Aquatic  Director,  Alaska Department  of Fish  and                                                               
Game (ADF&G), Juneau, Alaska, explained  that the concern related                                                               
to PSP  is new. This bill  does not have a  provision for testing                                                               
for PSP as  all commercially-sold organisms are tested.  It is an                                                               
oversight and he had no objection to putting it in.                                                                             
SENATOR STOLTZE  said he  wanted to hear  from the  Department of                                                               
Environmental Conservation (DEC) on that regulation.                                                                            
4:17:40 PM                                                                                                                    
LARRY   HARTIG,   Commissioner,   Department   of   Environmental                                                               
Conservation (DEC), Anchorage, Alaska, said  he needed to talk to                                                               
his food  and safety people,  but he  thought they would  want to                                                               
make sure  the product is  tested, because  of the safety  of the                                                               
people that  would be consuming,  but also the reputation  of the                                                               
product. This  comes up  from time  to time  when people  want to                                                               
donate  food. He  preferred to  strike the  language and  work it                                                               
SENATOR  WIELECHOWSKI said  the  statute  provides immunity  from                                                               
liability  if   the  shellfish  is  "apparently   fit  for  human                                                               
consumption." He understands there is  no way to tell whether PSP                                                               
is present in shellfish or not without testing.                                                                                 
COMMISSIONER  HARTIG replied  that it  sounds like  the suggested                                                               
language may be broader than  PSP concerns. Testing takes time to                                                               
accomplish; he didn't know a way of determining it in the field.                                                                
CHAIR GIESSEL commented  that "fit for human  consumption" is the                                                               
language  before them,  and they  are  exempt from  having a  DEC                                                               
permit. She asked if it  was detrimental to remove the absolution                                                               
from liability.                                                                                                                 
COMMISSIONER HARTIG said he would have  to talk to his people and                                                               
get a full answer for her. His  job is to protect the public, and                                                               
PSP is a high concern.                                                                                                          
SENATOR MICCICHE said Section 7's  only function is for providing                                                               
immunity.  If they  wanted to  donate,  they could  first have  a                                                               
sample tested  and then donate afterwards.  He supported removing                                                               
Section 7.                                                                                                                      
4:21:29 PM                                                                                                                    
SENATOR   COSTELLO  remarked   that  this   section  contemplates                                                               
removing the language that is  underlined. But they could instead                                                               
remove  the word  "apparently" so  that  it would  read "fit  for                                                               
human  consumption."  That  would then  require  anyone  donating                                                               
shellfish  to have  it  tested. Later  in the  bill  it says  the                                                               
department  would  be  allowed  to  promulgate  regulations.  Her                                                               
suggestion  does  not  affect  the first  part  of  the  section,                                                               
because  those individuals  who are  donating the  salmon have  a                                                               
CHAIR GIESSEL said if they removed  Section 7 it only removes the                                                               
shellfish language. It leaves the statute in place for salmon.                                                                  
SENATOR STOLTZE stated that the  food banks requested the general                                                               
immunities  provision  decades ago,  and  not  having that  would                                                               
stifle the willingness to participate.                                                                                          
CHAIR  GIESSEL reiterate  that removing  Section  7 only  removes                                                               
SENATOR  WIELECHOWSKI asked  which  types of  shellfish they  are                                                               
worried about. Are they worried about crab?                                                                                     
COMMISSIONER HARTIG  responded that  he would  have to  talk with                                                               
experts. More than one particular species can get PSP.                                                                          
CHAIR GIESSEL recapped that a  conceptual amendment was suggested                                                               
of  striking  Section  7,  and  ADF&G  had  no  concern.  DEC  is                                                               
equivocal at this point simply  because the experts aren't in the                                                               
room.  Removing  is not  detrimental  to  the  bill in  terms  of                                                               
SENATOR  MICCICHE  added  that   it  also  returns  the  original                                                               
language. He moved Conceptual Amendment 1 to strike Section 7.                                                                  
CHAIR  GIESSEL  added  an   additional  conceptual  amendment  to                                                               
correct a  drafting error on page  2, line 17, that  would delete                                                               
"or  a designee",  because that  phrase appears  nowhere else  in                                                               
this piece  of legislation. All  of the authority rests  with the                                                               
CHAIR   GIESSEL  announce   that  without   objection  conceptual                                                               
Amendment 1, as amended, was adopted.                                                                                           
4:26:48 PM                                                                                                                    
SENATOR COSTELLO  moved to report CSSB  172, version 29-GS2653\E,                                                               
as amended,  from committee  with individual  recommendations and                                                               
attached  zero fiscal  note. There  were no  objections and  CSSB
172(RES) was reported from committee.                                                                                           

Document Name Date/Time Subjects
SB172-Version E.pdf SRES 3/16/2016 3:30:00 PM
SB 172
SB172-Explanation of Changes-Version E.pdf SRES 3/16/2016 3:30:00 PM
SB 172
SB172 ver A.pdf SRES 3/16/2016 3:30:00 PM
SB 172
SB172 Sponsor Statement - Governor's Transmittal letter.pdf SRES 3/16/2016 3:30:00 PM
SB 172
SB172-DFG-CF-2-5-16.pdf SRES 3/16/2016 3:30:00 PM
SB 172
SB163-Version H.pdf SRES 3/16/2016 3:30:00 PM
SB 163
SB163-Explanation of Changes-Version H.pdf SRES 3/16/2016 3:30:00 PM
SB 163
SB163 ver A.PDF SRES 3/16/2016 3:30:00 PM
SB 163
SB163 Fiscal Note DEC-WQ-12-30-15.PDF SRES 3/16/2016 3:30:00 PM
SB 163
SB163 Fiscal Note-DNR-MLR-02-15-2016.pdf SRES 3/16/2016 3:30:00 PM
SB 163
SB163-Comments-Bristol Bay Businesses.pdf SRES 3/16/2016 3:30:00 PM
SB 163
SB 163-Comments-Sealaska Corporation.pdf SRES 3/16/2016 3:30:00 PM
SB 163
CS SB163- Nunamta Aulukestai comments-3-16-16.pdf SRES 3/16/2016 3:30:00 PM
SB 163
SB163-Various Written Comments.pdf SRES 3/16/2016 3:30:00 PM
SB 163