Legislature(1995 - 1996)
04/23/1996 01:45 PM House FIN
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* first hearing in first committee of referral
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SENATE BILL 230
"An Act providing that state land, water, and land and
water may not be classified so as to preclude or
restrict traditional means of access for traditional
recreational uses."
KEN ERICKSON, STAFF, SENATOR DRUE PEARCE, spoke in support
of SB 230. He noted that it had been introduced to protect
Alaskan's right to access state land and water for
recreational uses. In a time when the federal government
continues to restrict and prohibit Alaskan's access to many
areas of the State, the State government, needs to ensure
that decisions made to restrict access are made in a
responsible, fair and well represented process.
Alaskans are presently losing their right to traditional
recreational use on some state and park lands without
appropriate notification and justification. He cited that
citizens believe that the "public comment process" is not
being administered and that all user groups are not being
represented. Mr. Erickson suggested that non-restricted
areas of our State are being closed without proper oversight
by the Legislature.
Mr. Erickson recommended that SB 230 would provide a change
in the process, ensuring that all Alaskans have proper
representation by their elected officials, with restrictions
and prohibitions placed on traditional recreational activity
needing to be justified to the Legislature. He added that
some areas of Alaska may need to be restricted to partial
recreational activity, suggesting that these important
decisions be made at the legislative level.
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Representative Mulder pointed out that the Chilkat State
Park would be increased by eleven acres. Mr. Erickson
agreed, pointing out that there are three parcels of land
involved, previously purchased by the Department of Natural
Resources (DNR) and then transferred to the Parks Management
Division by using inter-agency land management agreements.
The federal funds used to purchase those eleven acres had
strings attached indicating that they would need to be
managed as if they were part of the Chilkat State Park.
In response to Representative Therriault's comment, Mr.
Erickson stated that Section #1 would add a list of duties
required by Department of Natural Resources (DNR). The
Department must annually submit a report to the Legislature
on each designation of incompatible use that would prohibit
or restrict a traditional means of access. The report must
state reasons for the restriction or prohibition, the
specific area affected, and the duration of the restriction
or prohibition. The section would further define
"traditional means of access" and "traditional recreational
activity".
Representative Brown referenced language on Page 3, Line 12,
"...where a popular pattern or use has developed;...". Mr.
Erickson stated that this language would incorporate uses
which have occurred traditionally.
JUNE BURKHART, (TESTIFIED VIA TELECONFERENCE), ALASKA
BOATING ASSOCIATION, MEMBER OF THE BOARD OF DIRECTORS, MAT-
SU, spoke in support of SB 230. She proceeded to provide
examples of problems resulting from concerns on lack of
restrictions. Ms. Burkhart added that the public hearing
process has not worked.
JIM STRATTON, DIRECTOR, DIVISION OF PARKS AND OUTDOOR
RECREATION, DEPARTMENT OF NATURAL RESOURCES (DNR), noted
that the Department supports Sections 1, 2, and 3, although,
voiced opposition to Sections 4 and 5. He stated that it
was the mission of Alaska State Parks to provide for a range
of recreational opportunities.
Mr. Stratton commented on Denali State Park as referenced by
Ms. Burkhart. When that legislation was passed in 1970, the
Division of State Park's was not given direction from the
Legislature on how to incorporate incompatible uses when
planning for the park. The Department went forward with the
generic park regulations and crafted a balance between
motorized and non-motorized use.
Mr. Stratton advised that the 1989 planning process for the
Denali State Park took two years to write. He emphasized
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that the public was provided with a "more than adequate"
opportunity in creating a balance in park regulations. The
Department does not feel that many recreational users would
be displaced with the proposed closure. He emphasized that
the decision had been made through the public process. Mr.
Stratton stressed that hundreds of hours have been "put-in"
to achieve the compromise. He advised that it would be
"bad" business not to support the agreed result.
Mr. Stratton referenced the language on Page 7, Line 20,
(4), "...provide ample access for recreational mining",
suggesting that language was problematic. The current
definition of recreational mining would include a 6" suction
dredge. The Department does not feel that kind of
recreational mining is compatible with purposes of state
parks. Although, he added, recreational gold panning is
allowed in state parks. He requested that an amendment be
made which would change that language.
Representative Kelly interjected that 6" dredge should be
allowed.
Representative Martin MOVED a change to Page 7, Line 20, by
deleting "mining" and inserting "gold panning". Mr.
Erickson noted that Senator Pearce would not object to that
change. Representative Kelly OBJECTED emphasizing that
mining is a valid recreational activity.
Representative Brown asked what was involved with using a
six inch suction dredge and how much noise would it create.
Mr. Stratton stated that a six inch dredge was a mechanized
suction device which would suck gravel through a six inch
pipe. Co-Chair Foster interjected that size dredge was more
like a "toy". A permit would be needed if concerns were
voiced regarding the water quality.
Co-Chair Hanley inquired the current uses allowed for mining
in state parks. Mr. Stratton replied that state parks are
closed to mining although gold panning is allowed. He added
that there is no definition of recreational mining in
statute, although, there are regulations within other
divisions at DNR.
Committee members discussed the differences of
"recreational" mining. Co-Chair Foster noted that he could
support mining if done recreationally with a 2.5" dredge
pipe, including rockers and small slues boxes not over 4' in
length. He suggested that the noise would be minimal.
Representative Kelly asked if there was a pipe increment
between the 6" and the 2.5" hose. Co-Chair Foster stated
that a 4" hose would still need a motor vehicle to drag it
into the area.
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Representative Brown proposed adding the language "non-
mechanized" to the intent. Representative Kelly supported
keeping language which would include the 2.5" mechanized
dredge pipe. He maintained that the Alaskan heritage is
based on mining, noting his frustration that mining is
continually being cut off.
Representative Navarre pointed out that mechanized mining
would be an expansion to what is currently allowed. Co-
Chair Hanley pointed out that the section being discussed
would only apply to the Denali State Park.
Representative Brown MOVED to AMEND the amendment to delete
"gold panning" and insert "non-mechanized". Representative
Kelly OBJECTED.
Representative Martin WITHDREW Amendment #1. Representative
Brown repeated the MOTION. Representative Kelly OBJECTED.
A roll call was taken on the MOTION to insert "non-
mechanized".
IN FAVOR: Brown, Grussendorf, Martin, Navarre,
Hanley, Foster.
OPPOSED: Kelly, Kohring, Mulder, Therriault.
Representative Parnell was not present for the vote.
The MOTION PASSED (6-4).
EDDIE GRASSER, ALASKA OUTDOOR COUNCIL, JUNEAU, urged the
Committee's support of HB 230. The purpose of the Outdoor
Council is to protect public access to public resources,
suggesting that the proposed legislation would amply cover
those concerns.
(Tape Change, HFC 96-132, Side 2).
Representative Martin MOVED to report HCS CS SB 230 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal notes. There being NO OBJECTION, it
was so ordered.
HCS CS SB 230 (FIN) was reported out of Committee with a "do
pass" recommendation and with a fiscal note by the
Department of Natural Resources dated 3/28/96.
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