A bill introduced last month could strengthen the legal protection for salmon habitats in Alaska through a reformation of the permitting process.
House Bill 199 was one of the main topics of conversation at ComFish this week. The annual ComFish Expo in Kodiak is the largest and longest running commercial fishing trade show in the state.
The Stand for Salmon coalition participated in the expo. It’s a group dedicated to working toward better legal guardianship of natural resources.
Salmon State Organizer Melanie Brown supports the bill. She said the current procedure to get a permit is too flexible. That’s in part because she thinks title 16 in the Alaska Statutes fails to offer comprehensive protection of salmon habitats.
"It’s a one size fits all process, whether you’re applying for a permit to create a small stream crossing or applying for a permit to develop the proposed Pebble Mine, and that’s ridiculous," she said.
HB 199 is perhaps better known as the “Wild Salmon Legacy Act.” It was introduced on Monday by Rep. Louise Stutes, who covers the south side of Kachemak Bay, Kodiak, and much of the Gulf Coast.
She said it would strengthen the permitting process as it pertains to salmon waters. It’s meant to be a response to the public’s concerns as identified by the Alaska Board of Fisheries.
Stutes noted one change the bill would make is to establish the presumption that all naturally occurring streams are anadromous until proven otherwise. Anadromous streams are those used by migrating fish.
"And it’s going to put the ownership on the applicant, so the applicant is going to be required to substantiate the fact that it’s not an anadromous stream and bear the cost of doing so as opposed to the state bearing those costs," she said.
From there, an individual or company must apply for a fish habitat permit. The Alaska Department of Fish and Game commissioner determines whether that application gets a minor or major permit classification. Minor classifications are for activity that may not affect a habitat in the long-term. Major classifications are for activity that likely will. If the application gets a major permit classification, the applicants must give public notice and yield to the conditions and mitigation plans set by Fish and Game.
Stutes noted the current bill is a rough draft. While she expects backlash from the mining industry, she said HB 199 is not meant to put the industry “out of business."
"That is not our objective," she said. "Our objective is to make sure that our waters remain clean and safe and sustainable for our fisheries in allowing the mining to take place. That’s the bottom line, so like I said, right now it’s quite restrictive, but there’ll be a little give and take, I’m sure.”
Stutes added the Special Committee on Fisheries, which she chairs, will hear the bill on April 11.