HB 37: "An Act relating to public access to fishing streams."
00 HOUSE BILL NO. 37 01 "An Act relating to public access to fishing streams." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 FINDINGS AND INTENT. (a) The legislature finds that 06 (1) the state has some of the most vibrant fishing streams in the world; 07 (2) the waters of the state are home to trophy salmon, trout, grayling, char, and 08 other fish, and Alaskans greatly value this resource for nutritional, cultural, recreational, and 09 other purposes; 10 (3) the state's streams are noted worldwide for the presence of wild trout, char, 11 and grayling that grow to sizes no longer achieved in many other areas of the world, and for 12 the return of wild salmon and other anadromous fish in their natural numbers; 13 (4) it is in the interest of Alaskans to protect access to important recreational 14 waters and to travel by water and land along these waters to fish, hike, boat, and camp; 15 (5) while the state has retained public access to and along important
01 recreational waters when land has been transferred under current law, land sales and disposals 02 under prior laws or by the federal government to private landowners resulted in hampered or 03 no legal public access to important fishing waters in the state; 04 (6) in many places in the world, important recreational and fishing waters 05 have been privatized; in those places, public access to fishing and recreational water is 06 prohibited, and persons are prohibited from traveling, stopping, or camping along stream 07 banks; in many other places, access is only permitted at high cost or by invitation; 08 (7) it is in the interest of the state to try to negotiate land or easement 09 purchases or trades for property along important fishing and recreational waters before 10 (A) it becomes too expensive to accomplish the goal of preserving and 11 protecting public access to and along the state's important fishing waters; and 12 (B) the land has become developed and settled; if the state waits to 13 negotiate trades and purchases until after land has been developed, the state will have 14 to expend potentially excessive amounts of money to regain public access; and 15 (8) it is in the interest of private property owners to prevent the involuntary 16 taking of private property and to sell or trade property rights only in a voluntary manner. 17 (b) It is the intent of the legislature 18 (1) that, in implementing this Act, the Department of Natural Resources and 19 the Department of Fish and Game may not be placed under strictures or be subject to appeal 20 rules that would add undue cost to this program; 21 (2) to protect the public's right to access the state's fishing streams; and 22 (3) to provide an efficient and effective way to regain public easements or 23 ownership of land along important fishing streams that might be lost due to future private 24 development. 25 * Sec. 2. AS 16.05 is amended by adding a new section to read: 26 Sec. 16.05.096. Identification of privately held land along fishing 27 waterways. (a) Before July 1 of each year, the commissioner shall submit to the 28 commissioner of natural resources a list of land along fishing waterways where access 29 to the waterways is impeded by private land ownership. 30 (b) When identifying land for the list in (a) of this section, the commissioner 31 shall solicit and review input from the public concerning land that may be included on
01 the list. 02 (c) Factors to be considered by the commissioner when identifying land to be 03 listed under (a) of this section include whether 04 (1) public access is needed to allow desirable access to and 05 recreational or subsistence use of the fishery resources present in the waterway; 06 (2) private land ownership prevents public access to a section of the 07 waterway that is highly desirable for its fishing or recreational attributes; 08 (3) public access to a section of the waterway would significantly 09 enhance the public's enjoyment of that waterway; 10 (4) the waterway contains wild sport fish or fish of a species, physical 11 size, and abundance that may support a commercial, personal use, or subsistence 12 fishery; 13 (5) the fish population on the waterway may support a catch and 14 release sport fishing or other sport, commercial, personal use, or subsistence fishery. 15 (d) In reviewing land for identification under (a) of this section, the 16 commissioner shall give priority to land along fishing waterways that 17 (1) is reasonably accessible by foot, including by backcountry hiking, 18 from the state's road system; 19 (2) is undeveloped and may be acquired by the state through purchase 20 or trade; 21 (3) has the greatest potential for public recreational or subsistence use 22 and enjoyment based on the size and abundance of fish, even if the location may be in 23 a remote part of the state. 24 (e) The decision by the commissioner to include or exclude land on the list in 25 (a) of this section is within the discretion of the commissioner and is not subject to 26 appeal. The commissioner shall, however, make the list proposed to be submitted to 27 the commissioner of natural resources publicly available before submission of the list 28 and may consider public comment before submission of the list. 29 (f) In this section, "fishing waterway" means a waterway that contains wild 30 sport fish or fish of a species, physical size, and abundance that may support a 31 commercial, personal use, or subsistence fishery.
01 * Sec. 3. AS 38.50 is amended by adding a new section to read: 02 Sec. 38.50.015. Access to fishing waterways. (a) After receiving from the 03 commissioner of fish and game a list prepared under AS 16.05.096 that identifies land 04 along fishing waterways where access to the waterways is impeded by private land 05 ownership, the commissioner shall proceed to acquire public access to waterways 06 across those lands. 07 (b) Public access may be acquired by 08 (1) acquiring an easement for access across each parcel of land; 09 (2) trading state land for private land; or 10 (3) purchasing private land. 11 (c) In acquiring public access under (b) of this section, the commissioner has 12 the discretion to negotiate without regard to the fair market value of the land or 13 easement so long as the access acquired and the consideration tendered is in the best 14 interest of the state. 15 (d) Before February 1 of each year, the commissioner and the commissioner 16 of fish and game shall submit a plan to acquire public access to fishing waterways 17 through trade or purchase for the following fiscal year. The plan must include a 18 minimum access to not less than a total of two meander miles along fishing 19 waterways. 20 (e) In this section, 21 (1) "fishing waterway" has the meaning in AS 16.05.096; 22 (2) "meander mile" means a distance of one mile measured following 23 the course of a waterway. 24 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 LAND TO BE CONSIDERED FOR FIRST LIST. Notwithstanding the discretion of 27 the commissioner of fish and game under AS 16.05.096 as enacted in sec. 2 of this Act, the 28 initial list to be submitted to the commissioner of natural resources before July 1 following the 29 effective date of this Act shall include land 30 (1) adjacent to or near Montana Creek and Willow Creek above the Parks 31 Highway on waterways that are open to trout and grayling fishing;
01 (2) along Anchor River and Deep Creek on the Kenai Peninsula where the 02 waterways are open to steelhead, salmon, Dolly Varden, or trout fishing; and 03 (3) along the Salcha River located off the Richardson Highway where the river 04 is open to grayling fishing.