Legislature(2005 - 2006)
05/07/2005 06:12 PM House FIN
Audio | Topic |
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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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