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

Sue Ely
Legislative & Communications Manager
sue@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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In This Issue

• Banning Mixing Zones will bring
  Clean Water for Healthy Salmon
• Action Briefs
  • On the Move
• Hearings this Week

An ACV priority, clean water for healthy salmon, can be achieved by passing HB74/SB238, bills that would prohibit mixing zones in freshwater spawning waters. Since this issue first arose under the Murkowski Administration in 2003, thousands of Alaskans – including commercial and sport fishing groups, Native subsistence users and local municipalities – have spoken out in support of fresh, healthy salmon over polluted spawning areas. Aside from the implications for fisheries and human health, the mixing zone rollback creates a stain on Alaska’s reputation for clean, healthy, wholesome fish.

Supporters of these bills are frustrated with the lack of movement.. Introducing the legislation was a critical first step, but these bills need more consideration before the end of the session.

Background on Mixing Zones

A mixing zone is an area in a water body where pollution levels exceed water quality standards designed to protect people and fish. When a discharge is unable to meet water quality standards upon its release, a group can apply for a permit to employ a mixing zone, which allows for water quality levels to be measured downstream after the discharge has been diluted. Since 1995, state regulations explicitly prohibited mixing zones in freshwater areas where fish spawn. However, on January 12, 2006, the Alaska Department of Environmental Conservation adopted new regulations that no longer offered full, year-round protection for wild salmon and other fish.

While mixing zones have generally been authorized in Alaska, state regulations explicitly prohibited mixing zones in freshwater areas where fish spawn. The new regulations give DEC broad discretion to determine when and where mixing zones can occur in salmon spawning areas and provide even more leeway in allowing pollution discharges for other resident fish species. Under the new regulations mixing zones are allowed in the spawning areas of resident freshwater subsistence species (resident, non-anadromous fish such as trout and Dolly Varden) at any time, but generally discouraged when active spawning is occurring.

However, by allowing regulators to define spawning areas both spatially and temporally (as a place in time), a disturbing toxic loophole was codified in regulations.  Under these new rules, discharges can occur even in salmon spawning streams for a large portion of the year - regulators can decide to prohibit mixing zones only while salmon were actively emitting eggs and sperm (i.e., a spawning area would not necessarily include the fertilized eggs after being deposited). While agencies testified last year that this was common practice, it was not explicitly authorized before the adoption of the 2006 regulations.  Note that Rep. Seaton introduced a bill this session, HB302, which would make the information about mixing zones permits publicly available.

Take action!

Let your legislators know that you support clean water and wild, healthy salmon. Tell them to holding a hearing for these bills before it is too late. Time is quickly running out. Find your Legislator here.

Links

Sponsor Statement

Juneau Empire My Turn Editorial by Bob Shavelson - 3/3/08

On the Move - We're already over half way through the
90-day regular session. Time flies!

HB134 Protection of Salmon Spawning Water - Rep. Edgmon (D-Dillingham) | Rep. Ramras (R-Fairbanks) | Rep. Dahlstrom (R-Anchorage) | Rep. Gara (D-Anchorage) | Rep. Kerttula (D-Juneau)

HB134 would create statutory protections for salmon streams in Bristol Bay and is Rep. Edgmon's response to concerns about the Pebble Mine's potential impact on Bristol Bay. A CS of HB 134 attempts to address a variety of issues previously brought up during hearings. Most notably, the bill is now limited to sulphide mining (including associated gold) in anadromous waters of the reserve. A provision requiring legislative approval for permits and leases has been dropped. After considerable discussion, the committee decided to move HB134 onto the House Resources Committee. This bill is not expected to pass this session.

HB176 Create Fort Rousseau Causeway Park – Rep. Wilson (R-Wrangell)

This measure would create the Fort Rousseau Causeway State Historical Park to “promote, support, and preserve public use by maintaining and protecting the area’s fish and wildlife habitat, cultural resources, and scenic values.” HB176 passed out of the House last session with a vote of 38-0 and has already moved out of Senate Resources.  It will be heard in Senate Finance this Tuesday, March 4^th at 9:00am in room 532. This bill seems to be on the shortlist.

HB257/SB180 Transfer Aquatic Farming to DNR - Rep. Harris (R-Valdez) | Sen. McGuire (R-Anchorage)

HB257/SB180 would transfer duties related to aquatic farming and hatchery operations from the Department of Fish and Game to the Department of Natural Resources and would eliminate certain permit requirements applicable to aquatic farming and hatchery operations. The current CS that passed out of House Fisheries now focuses on marketing and allows aquatic farmers to use the Alaska Grown logo.  It moved with a vote of do pass from Rep. Seaton and no recommendation from Reps. LeDoux, Johansen, Edgemon. The bill was heard last week in House Resources and was moved on to the its next committee, Finance.

HB 267 Wildlife Violator Compact - Rep. Johnson (R-Anchorage) | Rep. Dahlstrom (R-Anchorage) | Rep. Wilson (R-Wrangell)| Rep. Buch (D-Anchorage) | Rep. Chenault (R-Nikiski) | Rep. Ramras (R-Fairbanks) | Rep. Fairclough (R-Eagle River)
This bill authorizes Alaska to join with 26 other states who have entered into the Wildlife Violator Compact (WVC) that allows the revocation of appropriate licenses in Alaska for failure to comply with the terms of a wildlife resource citation issued in another state that is a party to the compact. CSHB267 has seen enormous support and unanimously passed the House this morning.  ***Passed the House***

HB 283/SB216 Purple Heart Trail – Rep. Gardner | Rep. Lynn | Rep. Gatto | Rep. Dahlstrom || Sen. Ellis (D-Anchorage)

"An Act designating the Alaska Highway and portion of the Richardson Highway as the Purple Heart Trail." Introduced this session, SB 216 was heard last week in Senate Finance and passed, with Senators Hoffman, Stedman, Elton, Thomas, Huggins, Olson voting Do Pass.  It has been referred to Rules. HB283 has already passed out of the Transportation Committee but was given a referral to Senate Finance Committee.  It has a Transportation hearing this Thursday, March 6^th at 1pm in room 17.

HB 330 Noxious Weeds and Invasive Plants - House Resources Committee

HB330 was introduced to create a “Noxious Weed and Invasive Plant Board” in order to limit economic loss and adverse effects to the state's agricultural, natural, and human resources.  The bill has since been changed, replacing the Board with a state coordinator for noxious weed, invasive plant, and agricultural pest management and education. The coordinator is required to work in cooperation with the University of Alaska Cooperative Extension Service and the Association of Conservation Districts’ Board of Directors. ACA supports this bill and has been working to include language limiting pesticide use and allowances for natural northern migration of species due to climate change.  The House Resources committee took ACV’s suggestions into consideration in the drafting of the CS, which was passed unanimously.  The bill will be heard this Tuesday, March 4^th at 1:30pm in House Finance, room 519.

HB 336 Susitna Hydroelectric Project - Rep. Johnson (R-Anchorage), Rep. Harris (R-Valdez) | Rep. Ramras (R-Fairbanks) |  Rep. Kelly (R-Fairbanks)

When a committee substitute for HB336 moved out of the House Resource Committee there were still lingering questions about the purpose and scope of the bill.  Much of the committee discussion had revolved around why the Susitna project originally failed, whether the study would encompass more hydroelectric and/or other energy possibilities than just Susitna and what “appropriately sized” means.  HB336 directs the Alaska Energy Authority (AEA) to study the potential of a Susitna hydroelectric power project and prepare a proposal for an ‘appropriately sized Susitna hydroelectric project.” The bill gives the AEA over a year to complete the study. An amendment offered by Rep. Seaton and adopted by the committee requires an early look at potential “drop dead” issues. Any identified problem in an interim report could be used as basis to terminate the study. Making closing remarks before the vote to move the bill, Representative Seaton highlighted the importance of considering not only the cost of hydro power but also the important climate and emissions benefits of renewable technologies. Another hearing has been scheduled for Tuesday, March 4^th at 1:30pm, room 519.

SSHB 348 Board of Game Regulations - Rep Keller (R-Wasilla)

Rep. Keller introduced Sponsor Substitute for HB 348.  The bill states that the Board of Game is working with an allocation of an asset when they manage wildlife populations for abundance. On its second hearing in House Resources, CSHB348 passed out of committee and has its first hearing in House Finance this Tuesday, March 4^th at 1:30pm in room 519.

HB 370 Protection of Forested Land – Rep. Kelly (R-Fairbanks)

HB 370 modifies the wording in AS 19.40.010 to change the term ‘forest fire’ to ‘wildland fire’. At its first hearing a CS was moved out of committee with a new definition and a technical change. ACV supports this bill.

HB 382 Sales of Gold Jewelry – Rep. Chenault (R-Nikiski)| Rep. Nelson (D-Bethel)

The bill was heard and held in House Labor and Commerce. Supporters appear to see this as a necessary statement in support of Alaska mining.

HB 387  Distribution of Telephone Books – Rep. Gardner (D-Anchorage)

HB387 would limit telephone and other utility companies from distributing more than one phonebook to each household.  Any households wanting additional phonebooks would be able to contact their utility and request additional copies.  This bill is supported by ACV since it would limit paper consumption and the number of phonebooks that end up in local landfills.  HB387 will have its first Community & Regional Affairs hearing this coming Thursday, March 6^th at 8am in room 124.

HB 404 Alternative Energy Task Force - Rep. Fairclough (R-Eagle River) | Rep. Edgmon (D-Dillingham) | Rep. Thomas (R-Haines) | Rep. Wilson (R-Wrangell) | Rep. Johnson (R-Anchorage) | Rep. Olson (D-Soldotna) | Rep. Kawasaki (D-Fairbanks) | Rep. Doll (D-Juneau) | Rep. Nelson (D-Bethel) | Rep. Kerttula (D-Juneau)

HB404 would crease a Renewable Energy Task Force to develop a report and recommendations on what types of energy development are best suited to different regions of the state, and programs that can provide information on renewable energy. It reflects a strong, bi-partisan legislative interest in renewable energy and a desire to improve coordination and planning. The Task Force would include four members from the House, one member from DNR, one member from the Alaska Energy Authority, one member from the Denali Commission, one member from the University of Alaska, one member from the Alaska Housing Finance Corporation, one member from the Alaska Power Association, and one member from the Alaska Village Electric Cooperative. It was referred to the House Community and Regional Affairs and Finance Committees.  A review is scheduled today, March 3^rd in House Community & Regional Affairs at 4:00pm, room 124.

SB 189 Approp.: Bridges, Service Roads and Trails - Sen Therriault (R-North Pole)

Senator Therriault introduced this bill to appropriate $25 million from the general fund to DOTPF for the design, planning and construction for repair of existing bridge infrastructure on the state highway system and $10 million for the construction of local service roads and trails.  SB 189 was moved out of Senate Transportation and referred to House Finance.

SB 224 G.O. Bonds for Transportation Projects – Rules by Request of the Governor

This bill provides for the issuance of general obligation bonds to pay the cost of state transportation projects.  Among other allocations, SB224 appropriates $8,900,000 from the 2008 transportation project fund for DNR to design and construct a South Denali Access Road. Concern for this project surrounds the lack of Federal matching funds for construction of a visitor center. ACV is working with the Administration to address this issue. At a hearing last week, the bill was heard and held.  Committee members posed questions about the process of selecting the priorities.

SB229 Tanana Valley Forest/Minto Flats Refuge - Sen. Thomas (D-Fairbanks)

SB299 transfers certain portions of Tanana Valley State Forest land to the Minto Flats State Game Refuge. The bill was scheduled but not heard last week.  At its hearing this morning the bill was passed on to the Rules Committee.

SB246 Susitna Hydro Working Group; Report – Sen. Thomas (D-Fairbanks) | Sen. Therriault (R-North Pole) |  Sen. Wilken (R-Fairbanks)

CSSB246 asks the Alaska Energy Authority to take another look at building a cost effective, greenhouse gas free hydroelectric facility on the Susitna River along with other options to supply electricity to homes and businesses on the Railbelt. CSSB246 passed Senate Resources last week and is waiting for a hearing in Senate Finance. Among other changes, the stakeholder advisory committee proposed in the original version of the bill has been dropped in favor of a consultation requirement. Discussions will continue regarding the scope of this study and any related comparative analysis of alternatives.

SB 253 Board of Game – Sen. Huggins (R-Wasilla) || Rep. Keller

SB253 changes the rules surrounding the timing of appointment relative to existing terms and replacement of Board of Game members.  If passed, the changes go into effect immediately.  Already through the Senate and its first committee in the House, it will be heard on Wednesday in House Resources at 2:00pm in room 124.

SB 289 Home Energy Conservation – Sen. Hoffman (D-Bethel)

This bill adds energy efficiency as a criterion for Alaska Housing and Finance Corporation loans and programs.  It will have its first hearing in Senate Labor & Commerce on Tuesday, March 4^th at 1:30pm in room 211. ACV supports this bill.

SJR 17 Offshore Oil & Gas Revenue – Sen Wielechowski (D-Anchorage)

This resolution urges the United States Congress to provide a means for consistently sharing, on an ongoing basis, revenue generated from oil and gas development on the outer continental shelf with all coastal energy-producing states to ensure that those states develop, support, and maintain necessary infrastructure and preserve environmental integrity. It was supposed to have a hearing over the weekend but the hearing was cancelled and has not yet been re-scheduled.

EO 114 Habitat Move - By Request of the Governor

The Executive Order, issued by Governor Palin two weeks ago, to move the Habitat Division bask to Fish & Game was sent to the Legislature. The Executive Order was discussed and approved by the House Resources Committee last week. The Legislature may not change but can disapprove EO 114 by April 12. Otherwise, it will take effect on July 1. We expect them to support Governor Palin’s wise decision. This has been an administrative priority for ACV.

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 Committee to find all of the committees with their members.