Alaska Conservation Voters

Conservation Watch

Alaska Conservation Voters
works to protect Alaska's environment through public education and advocacy, and supports pro-conservation candidates for public office.

Conservation Watch (CW) is a weekly publication of ACV highlighting conservation issues in the AK Legislature.

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Contributing Editors

Suzanne Bostrom
Legislative & Communications Manager
suzanne@akvoice.org

David Rogers
ACV Lobbyist

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ACV- Juneau
419 6 th Street, #321
Juneau, AK 99801
(907) 463-3366
(907) 463-2554 fax

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ACV- Anchorage
810 N Street #203
Anchorage, AK 99801
(907) 258-6171
(907) 258-6177 fax

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Web Resources

ACV Legislation Page
Bill position papers, back issues of Conservation Watch, and legislative updates

Legislative BASIS
Current bill text, history & committee schedules

Legislature Homepage
Find Your Legislators, party links, committee lists

State Homepage
Links to state agencies and the Governor

 ACV Homepage

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ANNOUNCEMENTS

Whoever thinks the best things in life aren't free, obviously hasn't heard of...

ACA's Legislative Fly-In
March 11 - 13
(Sunday - Tuesday)

What is Fly-In, you ask?
Fly-In is an opportunity to develop your activism skills, meet with legislators, and build up knowledge on how to make your voice heard at the capitol and in any campaign! The Fly-In is intended to be one part learning, one part practicing, and one part hands-on experience in our state capitol for anyone who is--or aspires to be--a conservation activist or advocate.

Who can go?
Your sassy activist grandmother! Actually, anyone interested in learning more about conservation issues and how to make a difference is welcome to apply. We enthusiastically invite conservation activists of all levels and all interests to apply.

Space is limited, so interested parties are strongly urged to submit their applications ASAP! For more information or to download a copy of the application, click the highlighted words above.

For more information, contact Suzanne Bostrom at suzanne@akvoice.org or (907) 463-3366

In This Issue

• Habitat Sweet Habitat
• Action Briefs
  • On the Move
  • New in Town
• Hearings this Week

In 2003, Governor Murkowski issued the controversial executive order to transfer Fish and Game’s Habitat Division to the Department of Natural Resources. At the time, Murkowski claimed that the Habitat Division had stood in the way of development projects that should have gone forward. “We’ve got to do a better job of trying to develop these resources in a responsible manner, by making prompt decisions in a reasonable time frame based on the best science available, as opposed to just one point of view,” he claimed. This claim was made despite the fact that the Division of Habitat’s record on permit transactions showed a denial rate less than 1% and a clear record of relying on science when reviewing and modifying permit applications. Now, four years later, both Governor Palin and the Legislature are looking at whether or not to reverse Murkowski’s original decision.

The move of the division removed the F&G Commissioner’s legal authority over fish habitat protection for the first time since statehood and shifted the power to say yes or no to permits affecting salmon or other fish to the commissioner of Natural Resources. Every former Commissioner of the Department of Fish and Game objected to the move at the time. Like others, the former Commissioners cited that the move created a conflict that would compromise the Division’s ability to protect Alaska’s fishing waters and to ensure that development projects are designed in a manner that would not compromise protection standards. Many still contend that the highly disruptive transfer of the Division tipped the balance of permitting power in favor of development concerns since DNR tends to promote developing the state’s resources, while F&G emphasizes fish and wildlife protection.

Starting last week, hearings were held in House Fisheries on Representative Gara’s HB 41, which would transfer the Habitat Division back from DNR to F&G. Public testimony was strongly in favor of returning Habitat to F&G and included statements from former F&G Commissioner Carl Rosier, the American Fisheries Society Alaska Chapter, Trout Unlimited and others.

At ACV’s Gubernatorial Forum last year, Palin indicated that she personally favored moving the Habitat Division back to F&G, but would consult professionals in state agencies to determine the best way to address a potentially disruptive move back to F&G. On February 8 th, Governor Palin sent a letter to the Board of Fisheries indicating that she concurred with the Commissioners of F&G and DNR and would leave Habitat in place at this time, but also indicated via her legislative liaison John Bitney in the Fisheries hearing this week that the administration would take more time to study the issue.

Representative Seaton, chair of House Fisheries, has stated that he will hold the bill for now but will continue to investigate issues while the administration completes their review. The sponsor of HB 41, Rep. Gara, indicated that he hopes to see the bill go forward in order to continue to build up public pressure. We hope to see discussions of the issue continue this session and will be tracking Governor Palin and the Legislature’s actions closely.

Get Involved-
The Fisheries Committee is encouraging folks to provide additional information to assist them in the evaluation of this issue. Specific examples or experiences are encouraged. Information can be submitted to the House Fisheries Committee Aide Louie Flora at Louie_Flora@legis.state.ak.us.

More Information-

Habitat Division Homepage

"Habitat Division Should Stay Put, Palin Says" – Anchorage Daily News

"Governor to Review Habitat Division under DNR" – Associated Press

Footage from ACV's 2006 Gubernatorial Forum

HB 25 Recreational Land Use Liability - Rep. Seaton (R-Homer)
**Passed in House, 2/12** This good bill passed the House this week without opposition. HB25 provides landowners with immunity from lawsuits for allowing their land to be accessed for recreational purposes. ACV strongly supports HB 25 and expects it to keep moving in the Senate.

HB41 Transfer Habitat Division from DNR to F&G - Rep. Gara (D-Anchorage)
HB41 was heard and held in House Fisheries this week. As described in the article above, Rep. Seaton, Chair of House Fisheries, is likely to hold the bill and gather additional information about the proposal while Governor Palin – who has left the door open for a transfer back to Fish and Game- continues to review the program. Bill sponsor, Rep. Gara, has said that he is comfortable giving the Governor more time to ponder but former Fish and Game Commissioner Carl Rosier is worried that further delay could result in irrevocable harm. With the exception of the Department of Natural Resources, public testimony at this week's hearing was strongly in favor of returning the Habitat Division back to F&G and included comments from Mr. Rosier, the American Fisheries Society, Trout Unlimited, a current F&G scientist, as well as others. ACV supports the transfer, but has yet to take a formal position on the bill.

HB56 Hydrogen Energy Partnership - Rep. Crawford (D-Anchorage)
HB56 was heard and held in House Community and Regional Affairs. This visionary proposal would set up the Hydrogen Energy Partnership within the Department of Commerce, Community and Economic Development to work towards the development of a hydrogen fuel industry in Alaska. Hydrogen fuel technology has the potential to act as a bridge to allow for the storage and transmission of energy generated from renewable energy resources. The committee seemed generally okay with the idea but had concerns about the fiscal note and needed more time to review a series of proposed technical amendments. ACV supports HB56.

HB74 Ban Mixing Zones in Spawning Areas - Rep. Seaton (R-Homer)
The Committee Substitute for HB 74 was moved from House Fisheries this week. The CS added language to clarify that the bill is intended to ensure year-round habitat protection (and close the “time window” loophole in current rules) and to clarify that the exemption for placer miners is for turbidity only. While there was much good testimony in support of the bill, both DEC and the Miner’s Association strongly opposed it and focused primarily on impacts to municipalities and miners. Several committee members said they also had remaining concerns but agreed to move the bill to its next committee of referral, House Resources. HB74 is a top priority for ACV this session.

SB46 Coastal Management Program - Sen. Olson (D-Nome)
**Passed 2/15** SB46 passed in the House on Thursday, February 15; next stop, Governor Palin. ACV supports this necessary bill, which extends the March 1 deadline for completion and approval of district plans to September 1. With 9 out of 30 coastal management district plans still being revised or under review and with 3 requesting mediation, it is unlikely that several districts will be able to meet the current deadline. SB46 provides the coastal management districts with the time necessary to complete the revisions necessary to comply with the previous administration’s Alaska Coastal Management Program (ACMP) changes before the termination of their existing plans. During testimony, Sen. Olson suggested that another bill proposing more controversial amendments to the program may be coming soon. While registering dissatisfaction with the administrative changes made to the ACMP program, ACV supports SB 46 as a measure to assist the coastal districts.

HB127 McNeil River State Game Sanctuary - Rep. Seaton (R-Homer)
Rep. Seaton introduced HB127 this week to safeguard bear viewing in the McNeil River Bear Sanctuary. In 2005, the Board of Game opened portions of the Kamishak Special Use Area in the McNeil River Bear Sanctuary to a brown bear hunt in 2007. Without further Game Board action or the passage of HB127, a hunt would be allowed in this special use area this summer. Rep. Seaton indicated that his bill will have minimal impact on current uses such as commercial recreation and commercial fishing. This bill is scheduled for its first hearing in House Resources on February 23.

HB128 Oil and Gas Production Tax: Expenditures - Rep. Olson (R-Soldotna)
HB128 was introduced this week as the House counterpart to SB80. The bill is designed to keep oil companies from deducting facility maintenance costs that are a result of negligence. The bill essentially closes loopholes that could make the state ultimately pay the costs of replacing improperly maintained equipment. With the millions of dollars in costs for repairing the miles of corroded Prudhoe Bay pipeline, lawmakers are concerned that BP will try to pass the expenses back to the state through the deductions and tax credits allowed by the new Petroleum Production Tax. Recent comments by at least one oil company reinforce this concern. The bill is scheduled for its first hearing in House Oil & Gas next Thursday, February 22.

HB134 Protection of Salmon Spawning Water - Rep. Edgmon (D-Dillingham)
This bill – with bipartisan sponsors, including Rep. Ramras - would create statutory protections for salmon streams in Bristol Bay and is Rep. Edgmon's response to his concerns about the proposed Pebble Mine's impact on one of the most valuable wild salmon fisheries in the world. It would extend the 1972 created Bristol Bay Fisheries Reserve protections advanced by Jay Hammond to river systems, ground water and the entire Bristol Bay drainage system. The measure would strengthen regulations for determining what companies can and cannot do in the region. For the Nushagak, Kvichak, Naknek, Egegik, and Ugashik Rivers, a person would not be able to "withdraw, obstruct, divert, inject, pollute, or pump, either temporarily or permanently any subsurface or surface water in drainages supporting salmon" or any water that is connected to those drainages. It also bans people from being able to "alter, destroy, displace, relocate, channel, dam, convert to dry land, or otherwise adversely affect any portion of a river, stream, lake, bog, tributary, or any other water body, including the beds of water bodies, in drainages supporting salmon." Should a person violate these rules, fines of $10 - $5,000 per day for individuals and $100,000 to $1,000,000 a day for corporations would be imposed.

Hearings this Week

Click on the date in the table below to get the most current schedule information for that day, or check the BASIS hearing schedule. Once a bill has been heard in a particular committee it may be brought up again without public notice or listing on the weekly committee schedule. You can click on a committee name to see a list of its members.