CSHB 37(FIN): "An Act relating to voluntary land trades and purchases to enhance public access to fishing streams."
00 CS FOR HOUSE BILL NO. 37(FIN) 01 "An Act relating to voluntary land trades and purchases to enhance public access to 02 fishing streams." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05 is amended by adding a new section to read: 05 Sec. 16.05.096. Identification of privately held land along fishing 06 waterways. (a) Before July 1 of each year, the commissioner shall submit to the 07 commissioner of natural resources a list of land along fishing waterways where access 08 to the waterways is impeded by private land ownership. 09 (b) When identifying land for the list in (a) of this section, the commissioner 10 shall solicit and review input from the public concerning land that may be included on 11 the list. 12 (c) Factors to be considered by the commissioner when identifying land to be 13 listed under (a) of this section include whether 14 (1) public access is needed to allow desirable access to and
01 recreational or subsistence use of the fishery resources present in the waterway; 02 (2) private land ownership prevents public access to a section of the 03 waterway that is highly desirable for its fishing or recreational attributes; 04 (3) public access to a section of the waterway would significantly 05 enhance the public's enjoyment of that waterway; 06 (4) the waterway contains wild sport fish or fish of a species, physical 07 size, and abundance that may support a commercial, personal use, sport, or subsistence 08 fishery; 09 (5) the fish population on the waterway may support a catch and 10 release sport fishing or other sport, commercial, personal use, or subsistence fishery. 11 (d) In reviewing land for identification under (a) of this section, the 12 commissioner shall give priority to land leading to and along fishing waterways that 13 (1) is reasonably accessible by foot, including by backcountry hiking, 14 from the state's road system; 15 (2) is undeveloped and may be acquired by the state through purchase 16 or trade; 17 (3) has the greatest potential for public recreational or subsistence use 18 and enjoyment based on the size and abundance of fish, even if the location may be in 19 a remote part of the state. 20 (e) The decision by the commissioner to include or exclude land on the list in 21 (a) of this section is within the discretion of the commissioner and is not subject to 22 appeal. The commissioner shall, however, make the list proposed to be submitted to 23 the commissioner of natural resources publicly available before submission of the list 24 and may consider public comment before submission of the list. 25 (f) In this section, "fishing waterway" means a waterway that contains wild 26 sport fish or fish of a species, physical size, and abundance that may support a 27 commercial, personal use, or subsistence fishery. 28 * Sec. 2. AS 38.50 is amended by adding a new section to read: 29 Sec. 38.50.015. Access to fishing waterways. (a) After receiving from the 30 commissioner of fish and game a list prepared under AS 16.05.096 that identifies land 31 along fishing waterways where access to the waterways is impeded by private land
01 ownership, the commissioner may proceed to acquire public access to waterways 02 across those lands. The right of eminent domain may not be exercised to acquire land 03 or interest in land under this section. 04 (b) Public access may be acquired by 05 (1) purchasing or leasing an easement for access across each parcel of 06 land; 07 (2) trading state land for private land; or 08 (3) purchasing or leasing private land. 09 (c) Before February 1 of each year, the commissioner and the commissioner of 10 fish and game shall submit a plan to acquire public access to fishing waterways 11 through trade or purchase for the following fiscal year. The plan must include a 12 minimum access to not less than a total of two meander miles along fishing 13 waterways. Within 60 days after receiving a written request from a landowner 14 requesting the removal of the landowner's land from the list to be acquired under the 15 plan, the commissioner shall remove the landowner's land from the list, even if the 16 removal leaves less than two meander miles along fishing waterways. 17 (d) In this section, 18 (1) "fishing waterway" has the meaning in AS 16.05.096; 19 (2) "meander mile" means a distance of one mile measured following 20 the course of a waterway. 21 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 LAND TO BE CONSIDERED FOR FIRST LIST. Notwithstanding the discretion of 24 the commissioner of fish and game under AS 16.05.096 as enacted in sec. 1 of this Act, the 25 initial list to be submitted to the commissioner of natural resources before July 1 following the 26 effective date of this Act shall include land 27 (1) adjacent to or near Montana Creek and Willow Creek above the Parks 28 Highway on waterways that are open to trout and grayling fishing; 29 (2) along Anchor River and Deep Creek on the Kenai Peninsula where the 30 waterways are open to steelhead, salmon, Dolly Varden, or trout fishing; and 31 (3) along the Salcha River located off the Richardson Highway where the river
01 is open to grayling fishing.