Legislature(2005 - 2006)
05/07/2005 06:12 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| HB37 | |
| SB102 | |
| SB124 | |
| SB125 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 37
An Act relating to public access to fishing streams.
6:13:40 PM
REPRESENTATIVE LES GARA, SPONSOR, noted that Alaska's rivers
are a treasured resource for fishermen, boaters, hunters,
hikers and people of all walks of life. It is important to
protect the public's access to them. HB 37 attempts to
ensure future public access to Alaska's fishing streams by
putting in place a mechanism for voluntary land exchanges
(or purchases) between the State and private owners along
important recreational rivers. The program would be
facilitated by the Department of Natural Resources and would
be completely voluntary. The purchases or trades would only
occur if a landowner was willing to engage in trade or sale
voluntarily.
Representative Gara stated that there are large stretches of
private land on streams such as Anchor River, Deep Creek,
Parks Highway Streams, the Salcha River and others. The
public currently uses the streams and once they are
developed, public access will never get them back. HB 37
requires the State to identify private lands along certain
high value recreational waters for possible easement, land
purchases or trades.
Representative Gara continued, to avoid costly litigation,
the State must use its expertise within the Department of
Fish and Game and the Department of Natural Resources to
identify the most desirable lands for purchase or trade,
after public input. The bill does not allow for legal
challenges of those determinations.
Other states have waited too long to take steps as proposed
in HB 37. In Montana, for example, fishermen have to pay
for public access to some rivers and one hundred eighty
miles of the Missouri River has been lost to public access.
Now that state budgets $300 thousand dollars per year to buy
back parcels of riverbank land.
Representative Gara concluded that HB 37 would help insure
that unparalleled recreational opportunities in the river
corridors remain accessible. It provides that the State
maintain a registry of lands for possible trades or
purchase. The bill does not mandate any funding for trades
or purchases, and therefore would lapse once the State
determines there is no longer a need to trade or purchase
public access.
6:15:21 PM
Representative Joule asked how the legislation would apply
to Native land and allotments. Representative Gara stated
it would apply to everyone equally. The language clarifies
that if there is land along a fishing stream and land to
trade, it could be done. The State cannot take or demand
land, but could offer a land trade.
6:16:21 PM
Representative Hawker questioned the amount of fiscal effort
to implement the bill. Representative Gara explained that
the bill clarifies that the Department will create a list of
lands important for public access. It will take title
research work. Over the next few years, the State will
attempt to either purchase or make land-trades from that
list. He did not see much work happening after the first
year and believed it could be handled through existing
staff.
6:17:44 PM
Representative Kelly asked about possible easement right
backlash, acknowledging a conflict. Representative Gara did
not think that could change current concerns. At this time,
it is okay to close off sections of land. The State does
have the authority to negotiate certain places and/or to
purchase, while the legislation attempts to make a more
focused effort.
6:19:53 PM
Vice-Chair Stoltze inquired if any designations had been
made. Representative Gara pointed out areas close to the
road system such as the Parks Highway and some on the Kenai
Peninsula had been selected. Much of that land is now
Native Corporation land. There is a provision protecting
that land and he clarified that the State would not be using
eminent domain power, only voluntary. Some lands are
private. Before the 1970's, the State did not guarantee
public access as it does now.
6:21:13 PM
Vice-Chair Stoltze requested further testimony regarding
easements and federal provisions for access. Representative
Gara interjected that if federal easements already existed,
the State would not bother. The legislation only addresses
areas that the public does not have access to.
6:22:30 PM
Vice-Chair Stoltze questioned the "voluntary situation" and
asked about a cost benefit analysis. Representative Gara
advised that the priority aims at lands with high value
fishery and where public access does not exist. There is no
formal appeal process.
6:23:33 PM
Vice-Chair Stoltze worried about the areas chosen.
Representative Gara explained that the Kenai River Sport
Fishing Association has requested certain areas. HB 37
leaves it up to the Department of Natural Resources to
determine any access that is appropriate to enhance the
sport fishery. The factors used to make the decisions are
listed on Page 3, starting on Line 6.
6:25:08 PM
Vice-Chair Stoltze noted that he is a member of an outdoor
group and asked if the Department of Fish & Game was already
doing that work. Representative Gara acknowledged that was
the intent, however, little progress has been made. The
Department has not made it a priority. The intent of the
bill is to "shake" the Department up so that public access
is not lost.
6:26:22 PM
Vice-Chair Stoltze inquired about the Department's budget
process. Representative Gara stated he had worked directly
with the Department and if it were not made a priority, they
would not do it.
Representative Holm acknowledged that there was no desire by
the Department to address anything that was not listed on
their priority list. He reminded members that the
Legislature cannot mandate, they can only appropriate.
6:28:15 PM
Vice-Chair Stoltze voiced concern with the type of access
being proposed for fishing and hunting. Representative Gara
noted that he had voted for the University lands bill
because it required that the University not give away land
before knowing if there would be public access to any rivers
or streams that have fish. He claimed that there is not a
good land title system in the State.
6:29:41 PM
Vice-Chair Stoltze wondered if there was a conflict of
interest with his involvement with the Alaska Outdoor
Council (AOC). Co-Chair Meyer asked if that group supports
the bill. Vice-Chair Stoltze replied they have not to date.
Representative Gara pointed out that the largest sport
fishing groups statewide support the bill, but could not
speak for the Alaska Outdoor Council.
6:30:58 PM
Representative Holm pointed out statewide concern, as there
has not been a complete survey of those lands.
6:31:50 PM
Representative Kelly referenced Page 2, Lines 3 & 4,
regarding the protections. He thought that to get AOC's
support, insert, and "trapping "following" hunting and
fishing help. Representative Gara agreed.
6:33:06 PM
Vice-Chair Stoltze commented that "multiple-use" has varying
meanings depending on the group. Representative Gara
pointed out that Page 3, Lines 7-10, defines public access
broadly, including many purposes. He noted that it was not
his intent to divert the Department from waterways.
6:35:49 PM
Representative Kelly suggested amending the language by
adding other uses.
6:37:03 PM
Vice-Chair Stoltze MOVED to DELETE Section #1, the Findings
and Intent section, Amendment #1. Co-Chair Meyer OBJECTED.
Representative Gara explained that Section #1 had been
drafted to give the Department guidance to alleviate concern
of private landowners and give those landholders comfort.
He reiterated that the bill only deals with voluntary land
trades and purchases.
6:38:59 PM
Representative Weyhrauch agreed with Vice-Chair Stoltze,
suggesting that the language could be added as a Letter of
Intent to accompany the bill rather than an actual bill
section.
Co-Chair Meyer WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment #1 was adopted.
6:39:42 PM
Representative Kelly reiterated his recommendation that
multiple use language be added.
6:40:20 PM
Representative Hawker discussed the fiscal note and the cost
of operations and MOVED that the fiscal note be zeroed out.
There being NO OBJECTION, fiscal note #2 was zeroed out.
6:41:39 PM
Vice-Chair Stoltze MOVED to REPORT CS HB 37 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 37 (FIN) was reported out of Committee with "no
recommendation" and with zero note #1 by the Department of
Fish & Game and a new zero note by the House Finance
Committee for the Department of Natural Resources.
6:42:34 PM
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