Legislature(2005 - 2006)

05/07/2005 06:12 PM House FIN


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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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