Legislature(2007 - 2008)BARNES 124
05/04/2007 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB128 | |
| HB94 | |
| HJR21 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 241 | TELECONFERENCED | |
| *+ | HJR 21 | TELECONFERENCED | |
| *+ | HB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 128 | TELECONFERENCED | |
HB 94-MARINE PARKS ADDITIONS/HUNTING ALLOWED 1:50:35 PM CO-CHAIR GATTO announced that the next order of business would be HOUSE BILL NO. 94, "An Act relating to fishing, hunting, and trapping in marine park units of the Alaska state park system, amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system." 1:50:53 PM AURORA HAUKE, Staff, to Representative Beth Kerttula, Alaska State Legislature, paraphrased from the following sponsor statement: House Bill 94 adds 13 islands in Lynn Canal and additional land on Shelter Island to the state's marine park units of the Alaska state park system. HB 94 would protect recreational and economic opportunities for Alaskans and visitors alike. The islands are popular locations for fishing, hunting, trapping, kayaking, camping, and picnicking. Transferring these state-owned lands to the marine park system will ensure they are kept open to the public. Additionally, House Bill 94 ensures that hunting and fishing will not be prohibited within the marine park. The islands included in HB 94 are important to Southeast Alaska's economy. The incredible scenic beauty and abundant wildlife viewing opportunities make the waters around the islands a popular passageway for whale watching tour boats. In addition, the waters around these islands are a vibrant fishing ground for our important commercial fisheries. Adding the islands to the marine parks will ensure that they remain the natural gems that make them so important to local industry. I urge your support of House Bill 94. MS. HAUKE informed the committee that HB 94 has received support from the Alaska Outdoor Council, Territorial Sportsmen, Inc., Southeast Alaska Land Trust, Juneau Audubon Society, Southeast Alaska Conservation Council (SEACC), Goldbelt Incorporated, private inholders on one of the islands, Juneau State Parks Advisory Board, and the City & Borough of Juneau. Ms. Hauke submitted the written testimony of Gary Miller, Juneau State Parks Advisory Board, to the committee. 1:52:35 PM REPRESENTATIVE SEATON moved to adopt CSHB 94, Version 25- LS0377\E, Kane, 4/30/07, as the working document. There being no objection, Version E was before the committee. 1:52:51 PM MS. HAUKE explained that the two changes encompassed in Version E can be found in the intent language. Page 2, lines 1-3, adds language stressing the importance of fishing in the Lynn Canal area. On page 2, lines 16 and 30, the 20 fathom bathymetric line apron around the islands is changed to the 10 fathom bathymetric line. The 10 fathom bathymetric line is clearly delineated on charts and allows the space necessary to make improvements, should they choose to do so. 1:53:39 PM CO-CHAIR GATTO asked if "marine parks" are designated by the state, including federal designations. He opined that the word "park" usually has a fairly significant definition. 1:54:12 PM MS. HAUKE deferred to the Department of Natural Resources (DNR). However, she pointed out that HB 94 includes protections for hunting and fishing so that those activities can continue in marine parks. 1:54:43 PM MIKE EBERHARDT, Superintendent, Southeast Area, Division of Parks & Outdoor Recreation, Department of Natural Resources, began by informing the committee that he is in charge of all the parks within Southeast Alaska. There are approximately 32 marine parks, which is a bit different designation due to the statutory designation. [The division] is very different from the National Park Service in that a park designation doesn't mean hunting, fishing, or use are prohibited. The division's mission statement is for the use and enjoyment of the land by the people of the state. He related that there is the desire by the user groups that some active management take place within these islands. 1:56:00 PM CO-CHAIR GATTO asked if scuba divers with compressed air and a scuba gun can hunt within the marine park waters. MR. EBERHARDT replied yes, adding that the restrictions basically only apply to resource damage. [The division], he related, is to prevent resource damage for the purposes set forth in statute. 1:56:54 PM REPRESENTATIVE ROSES related his experience with Kachemak Bay State Park, which has never been closed to fishing or hunting prior to or following its designation as a state park. 1:57:40 PM CO-CHAIR GATTO asked if the harvesting of kelp to obtain herring eggs would be considered a destructive behavior. MR. EBERHARDT said that in such instances [in which the issue is harvesting] the division would defer to the Alaska Department of Fish & Game (ADF&G) to determine whether it's destructive behavior. However, he noted that within all of the [marine park] units in Sitka the harvest of herring roe is allowed. 1:59:23 PM CO-CHAIR JOHNSON asked if this legislation actually expands the size of this park. MR. EBERHARDT replied yes, the legislation adds islands to the marine parks system. In further response to Co-Chair Johnson, Mr. Eberhardt specified that the actual expansion in acreage is 12.1 square miles of land and 11.5 square miles of water. MS. HAUKE clarified that the 11.5 square miles of water refers to the 10 fathom bathymetric line rather than the 20 fathom bathymetric line. 2:00:52 PM CO-CHAIR GATTO inquired as to how many miles of beachfront is being added. MR. EBERHARDT answered that although it's an addition of a lot of beachfront, it isn't substantial in comparison to what is currently held. In further response to Co-Chair Gatto, Mr. Eberhardt confirmed that there are some inholdings within the park units. However, the vast majority are only uplands to which the marine park system would receive the tidelands. For instance, there is a small private inholding on Shelter Island for which the tidelands in front of that private inholding weren't exempted. Therefore, the tidelands in front of those inholdings would be transferred to park management. 2:03:07 PM MS. HAUKE, in response to Co-Chair Gatto, said that she hasn't heard any objections to doing what's proposed in HB 94. She noted that she has a letter from a private inholder who supports HB 94. 2:03:27 PM MR. EBERHARDT interjected that the important thing to know about that inholder is that he is currently developing that parcel for commercial recreation. The division has worked with that inholder to establish that parcel for that use. 2:03:46 PM CO-CHAIR JOHNSON recalled that there are several private inholdings within the marine park, and asked if those are in the expanded park or in the entire park. MR. EBERHARDT specified that within the units that the division is asking to expand he knows of three, possibly four, inholdings. He noted that they are small inholdings. In further response to Co-Chair Johnson, Mr. Eberhardt said that [the division] hasn't received objections from the other inholders who have been notified of this. 2:04:53 PM REPRESENTATIVE WILSON related her understanding that this legislation merely ensures that all the existing designations that allow hunting, fishing, and etcetera to continue. MR. EBERHARDT replied yes, adding that once it's a statutory mandate the division no longer has the opportunity to do a lease or other things that could restrict hunting and fishing. 2:05:32 PM REPRESENTATIVE ROSES asked if the individuals who currently have sites within the park own the land. MR. EBERHARDT replied yes. In further response to Representative Roses, Mr. Eberhardt confirmed that the designation of the land only goes to the mean mean high water mark and thus any land outside of that would be a state park, regardless. Mr. Eberhardt further confirmed that this legislation doesn't really impact any land but rather the land underneath the high tide mark. 2:06:08 PM CO-CHAIR JOHNSON inquired as to the type of public notice required before this is enacted. He further inquired as to whether the inholders have been notified and if there's an opportunity for the inholders to respond to this proposal. MR. EBERHARDT informed the committee that this has been proposed since 1991 and he has been in personal contact with all of the landholders. He indicated that the only [difficulty] could be if the land has changed hands within the last 15 years. 2:06:59 PM REPRESENTATIVE GUTTENBERG reviewed the various letters of support in the committee packet. 2:07:21 PM REPRESENTATIVE WILSON moved to report CSHB 94, Version 25- LS0377\E, Kane, 4/30/07, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 94(RES) was reported from the House Resources Standing Committee.
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