Legislature(1997 - 1998)
02/10/1997 08:02 AM House CRA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
February 10, 1997
8:02 a.m.
MEMBERS PRESENT
Representative Ivan Ivan, Chairman
Representative Fred Dyson
Representative Scott Ogan
Representative Joe Ryan
Representative Jerry Sanders
Representative Reggie Joule
MEMBERS ABSENT
Representative Al Kookesh
COMMITTEE CALENDAR
HOUSE BILL NO. 89
"An Act relating to the Shuyak Island State Park."
- MOVED CSHB 89(CRA) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 89
SHORT TITLE: SHUYAK ISLAND STATE PARK
SPONSOR(S): REPRESENTATIVE(S) AUSTERMAN
JRN-DATE JRN-PG ACTION
01/27/97 150 (H) READ THE FIRST TIME - REFERRAL(S)
01/27/97 150 (H) CRA, RESOURCES
02/10/97 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
Alan Austerman, Representative
Alaska State Legislature
State Capitol, Room 434
Juneau, Alaska 99801
Telephone: (907) 465-2487
POSITION STATEMENT: Sponsor of HB 89
JIM STRATTON, Director
Division of Parks & Outdoor Recreation
Department of Natural Resources
3601 C Street, Suite 1200
Anchorage, Alaska 99503-5921
Telephone: (907) 269-8700
POSITION STATEMENT: Testified on HB 89
JEROME SELBY, Mayor
Kodiak Island Borough
720 Mill Bay Road
Kodiak, Alaska 99615
Telephone: (907) 486-9301
POSITION STATEMENT: Testified on HB 89
WILLY DUNNE
P.O. Box 15043
Homer, Alaska 99603
Telephone: (907) 235-7578
POSITION STATEMENT: Testified on HB 89
MICHELE DRUMMOND
P.O. Box 334
Kodiak, Alaska 99615
Telephone: (907) 486-9400
POSITION STATEMENT: Testified on HB 89
JERRY LUCKHAUPT, Attorney
Legislative Legal and Research Services
Legislative Affairs Agency
130 Seward Street, Suite 409
Juneau, Alaska 99801-2105
POSITION STATEMENT: Testified on HB 89
ACTION NARRATIVE
TAPE 97-6, SIDE A
Number 016
CHAIRMAN IVAN IVAN called the House Community and Regional Affairs
Standing Committee meeting to order at 8:02 a.m. Members present
at the call to order were Representatives Ogan, Sanders and Ryan.
Representatives Joule and Dyson arrived at the respective times:
8:10 a.m. and 8:55 a.m. Representative Kookesh was absent due to
weather.
HB 89 - SHUYAK ISLAND STATE PARK
Number 095
ALAN AUSTERMAN, Representative, Alaska State Legislature, came
forward to testify on HB 89 as sponsor. He read the sponsor
statement into the record.
"House Bill 89, and companion Senate Bill 64 have been introduced
by the Kodiak delegation at the request of the Kodiak Island
Borough Assembly and the Alaska State Parks. These bills represent
the outcome of a long and complex effort by the state and federal
authorities along with local efforts to compensate for the effects
of the Exxon Valdez oil spill. The bill adds specific land water
areas to the Shuyak State Park. Shuyak Island was heavily impacted
by pollution streaming westward from the 1989 accident.
"In 1984, the Shuyak State Park was established from part of the
state's holdings to protect the area's fish and wildlife habitat
and public recreation opportunities, while maintaining customary
hunting and fishing uses. The two largest land owners on Shuyak
Island are the State of Alaska and the Kodiak Island Borough.
"One provision of the oil spill settlement was the establishment of
a joint federal and state council to manage remediation and
recovery efforts. Previous litigation imposed management
restrictions that required the state to maintain wildlife habitat
and public recreation values while the borough was partially
prohibited from commercial or industrial uses on its lands.
"It is for this purpose that the Oil Spill Trustee council, one
which I have served, selected the Borough's Shuyak Island lands and
purchased them in 1996. Responsibilities of the group include the
replacement of lost fish and wildlife habitat with the acquisition
and protection of other high value habitat. The final effort is
the consolidation of the lands under the protective management of
the Shuyak State Park.
"HB 89 completes the transaction by formally incorporating all
state lands on the island into the Shuyak Island State Park. The
expanded park retains the management goals, purposes, and allows
uses of the original park."
REPRESENTATIVE AUSTERMAN stated that in addition to the state lands
there are approximately six to eight private in-holdings on Shuyak
Island that will not be affected by this transfer to the state. He
added that Shuyak Island is a unique island located on the northern
end of the Kodiak chain of islands. The only land mass between
Shuyak and the main land are the Barren Islands. Shuyak is heavily
used by hunters, fishers, sport users, and kayak users out of the
Homer area. A number of charter boats visit this area too, as well
as people from the Kodiak area. The means of travel to the island
is either by float plane or boat.
REPRESENTATIVE AUSTERMAN added that the senate version of this
legislation has moved out of Senate Community and Regional Affairs.
The only questions on the senate side dealt with recreational use
of Shuyak Island because this legislation prohibits the use of
motorized vehicles. This island has very dense forests and very
little open areas. It does not lend itself to the use of any
motorized vehicles, whether it be snow machines or ATVs.
Number 414
REPRESENTATIVE JOE RYAN stated that his only concern was that the
department has a way of getting a hold of a park and making it
inaccessible to everybody. He said he would hate to see this
happen. He asked Representative Austerman if there was any chance
this would happen.
Number 445
REPRESENTATIVE AUSTERMAN responded that he did not see this
happening. The state park has been on Shuyak Island for a long
time. A portion of the island that the borough owned was down the
center of the island. On the east side of the island the state had
a habitat area. On the west side of the island there was a state
park and then the lands which the Kodiak Island Borough had
received title to. In essence, as far as the island is concerned
and the usage of it, turning the entire island into a state park is
probably the best thing that could happen. In the long term, if
the Kodiak Island Borough was to own it and there was a change in
mentality on the borough's behalf, there is a potential that they
would use the island to its degradation.
REPRESENTATIVE AUSTERMAN served and helped establish the State Park
Advisory Council in Kodiak about 16 years ago when it had been the
effort of that council and the state parks people in Kodiak to make
the lands available for use. The fact that the state habitat area
is on the east side of the island and the state parks owns the west
side of the island, it seems only natural that the center of the
island also be turned into a state park.
Number 578
REPRESENTATIVE AUSTERMAN stated that there had been an omission
from the original bill. In the past, the water areas around this
island have been used for commercial and sport fishing, as well as
hunting. For some reason, commercial fishing was left out of the
original draft and he offered this as an amendment. This
amendment, number A1, read as follows:
Page 1, line 10, following "fishing,":
Insert "commercial fishing."
Number 602
REPRESENTATIVE RYAN made a motion to adopt the amendment A1 as
outlined. Hearing no objection it was ordered.
Number 622
REPRESENTATIVE OGAN asked how many in-holders were involved with
this park.
REPRESENTATIVE AUSTERMAN responded that the State Parks Division
was on line to answer these types of questions, but he believed
there were six or eight in-holdings. One of them is a commercial
operation as a hunting and fishing lodge and then there are a
number of other small in-holdings, including an old mining claim.
None of the uses of these in-holdings would be affected.
Number 658
REPRESENTATIVE JERRY SANDERS said he was having trouble seeing the
difference between this situation and the one the legislature faces
almost monthly with Mr. Babbit and President Clinton. Is this
situation any different from what's happening on a national level
where the Alaska legislature would in effect lock this island up to
development?
REPRESENTATIVE AUSTERMAN offered that he saw a difference and noted
that he is a fairly conservative business oriented person who
solidly believes in development, although he does feel there are
areas within the state that should not be developed. Shuyak Island
is one of them. This island is an enclosed, solitary eco-system
and the nature of the land lends itself to be designated as a state
park. There are a number of other areas around the state that are
accessible and in close proximity to potentially developed areas
that make more sense to develop. Shuyak State Park is not one of
these because of its remoteness and the fact that more than half of
the island is already designated as a state park or habitat area.
He also noted the island's aesthetic value as weighed against its
potential for development.
Number 795
REPRESENTATIVE SANDERS said he wasn't arguing any of these points
and that he would probably support this bill, but it seemed that
this is exactly what President Clinton says about the Arctic
National Wildlife Refuge (ANWR). He stated there seemed to be
something hypocritical about this.
REPRESENTATIVE AUSTERMAN noted that this could be said about any
kind of development one way or the other. He also pointed out that
a small footprint of ANWR was slated to be developed which lends
credibility to pursuing the project. He added that if they
proposed to put drilling rigs all over the ANWR area then he would
probably have problems with that too.
Number 888
REPRESENTATIVE OGAN asked a series of questions about the proposed
park, from the mining interest there to the policy of eminent
domain. Representative Ryan asked a question regarding the
restrictions placed on weapons. In response to all of these
Representative Austerman deferred to the Division of Parks, a
representative of which was waiting to testify by teleconference
from Anchorage.
Number 1025
JIM STRATTON, Director, Division of Parks & Outdoor Recreation,
Department of Natural Resources, testified by teleconference from
Anchorage on HB 89. Mr. Stratton stated that the existing Shuyak
Island State Park provides some of the best fishing and hunting
opportunities in the entire state park system. When the park was
first created in 1984, the legislature provided for four public use
cabins that have since become some of the more popular cabins in
the park system, especially for silver fishing in August and deer
hunting in the fall. Travel to the park is primarily by float
plane from either Kodiak or Homer and it's a significant economic
boost to air taxi operators and guides in both communities.
MR. STRATTON specified that this bill would perpetuate these fish,
wildlife and recreational opportunities by expanding the park's
boundaries to encompass two major pieces of the island whose
current and future uses are legally restricted for fish and
wildlife habitat and public recreation purposes. The 9,900 acres
of existing land on the east side of the island are restricted by
a legal settlement between the state and Kodiak Island Borough.
This legal settlement resulted from a disagreement over municipal
entitlement and sets forth in a consent decree signed in 1981, that
these lands may only be used for wildlife habitat and public
recreation. Plans for that acreage become a state game refuge
whenever completed and are now included in this park expansion.
MR. STRATTON continued that in 1996, the Exxon Valdez Oil Spill
Trustee Council purchased the lands in the middle of the island
from the Kodiak Island Borough to assist in the recovery of species
impacted by the Exxon Valdez oil spill. The borough sold the land
with the expectation that it would be added to the park to
perpetuate its fishing, hunting and recreational uses. The
conservation easement held on those properties by the federal
government restricts uses to those which will maintain the existing
fish and wildlife habitat and allow for public recreation. State
Parks has a long history of providing recreational access in a
habitat friendly manner and they look forward to providing that
access in an expanded Shuyak Island State Park.
MR. STRATTON stated that once these additions have been established
as part of the park system, State Parks will undertake a revision
of the current park master plan to include the new acreage in an
island wide plan for trails, camp sites, possible new cabin sites
and anchorages. As funds and volunteers are made available, these
new access opportunities will be realized. The park designation
does not diminish any existing hunting, fishing or trapping rights
on the island. The park's original 1984 legislation is very clear
in its intent that management of fish and game, especially
commercial fishing is the responsibility of the Department of Fish
and Game and not of State Parks. Parks works cooperatively with
Fish and Game by managing two fish counting weirs in the existing
park to help determine commercial fish openings.
MR. STRATTON stressed that management of the island will impact the
park system only a minimal amount as they already have a seasonally
staffed ranger station on the island and a volunteer program that
brings two to four volunteers to assist the ranger every summer.
The increased cost of management is for extra boat gas to access
the shoreline of the newly expanded park. They're currently
expanding the visitor opportunities in the existing park by
developing a trail system and a new visitor contact station funded
by the state's Exxon Valdez criminal settlement through the
Division of Parks and Marine Recreation Project.
MR. STRATTON added that Shuyak's existing reputation as a fishing
and hunting destination in the late summer and fall is expanding as
Alaskans, local tourism companies and adventure travelers from
around the world discover its unique kyaking and small boating
opportunities to not only fish, but also observe marine mammals and
sea birds, as well as terrestrial wildlife. The proposed park
expansion will add Shuyak to the other great park units in Alaska,
Chugach, Kachemack Bay, Denali and Wood-Tikchik as a popular topic
for adventure travel in sportsman magazines seeking new and
exciting destinations to share with their readers.
MR. STRATTON stated that he had met with a local travel writer who
was interested in writing about Shuyak's diverse fishing, hunting
and recreational opportunities. Designation of the island as a
park will significantly add to the allure of Shuyak and increase
its notoriety in Alaska as a recreational destination. This is
good for Alaskan hunters, fisherman, boaters and for those
businesses who provide transportation and support to the island.
Number 1280
REPRESENTATIVE OGAN stated that as someone who lives near state
land which he often hunts on, he didn't feel "warm and fuzzy" about
turning this area into a park. He has hunted in parks and finds
the experience somewhat more pleasurable in some ways, since there
are a lot less people because of the restrictions. He does find
some of the restrictions somewhat imposing on the way he
traditionally hunts though.
REPRESENTATIVE OGAN referred to Mr. Stratton's testimony that this
legislation would not diminish hunting, fishing or trapping
opportunities. It has been Representative Ogan's experience with
parks that someone has to get a permit to do just about anything
there, including staying on trails, etc. He stressed again the
amount of restrictions involved. Somehow, he frankly has a hard
time believing that this would not put more restrictions on hunting
and fishing, rather than less.
Number 1357
MR. STRATTON responded that someone does not presently need a
permit to hunt on Shuyak Island State Park. They can go anywhere
they want, there are no restrictions to stay on trails. They do
permit commercial guides that take people out on guided hunts
though. Alaskans anywhere in the state park system who hunt don't
need a permit. Shuyak is a very popular hunting destination and
they don't intend to change the status quo.
REPRESENTATIVE OGAN stated that sheep hunting throughout the
Chugach has gone to permit because of the Department of Fish and
Game, yet there is an overpopulation of sheep there. There seems
to be a mentality with parks to restrict access. He has a hard
time believing that existing hunting rights won't become diminished
under park control.
Number 1474
MR. STRATTON offered that on his next trip to Juneau he could meet
with Representative Ogan to review the existing park units for a
restriction status. He noted that in Wood-Tikchik State Park
tremendous caribou hunting takes place without restrictions, as
well as at Denali State Park. He believed Shuyak would be
established primarily for its hunting and fishing opportunities.
He didn't see that they'd do anything to restrict these
opportunities. Through the local Parks and Advisory Board, the
Borough and the Sportsman Association would be right there to look
over their shoulders to make sure they don't restrict the uses.
REPRESENTATIVE OGAN asked about access to the mining claim on the
island and about motorized vehicle restrictions.
Number 1532
MR. STRATTON responded that there were two mining claims on the
island, one is on Big Fort Island which is on the eastern side of
Shuyak Island which is a nonactive claim held by a woman who lives
in Kodiak and as he understood, she has told the local parks people
in Kodiak that she is in support of this bill. The other mining
claim is owned by someone out of state. This claim is in the
existing park. If this person wanted to mine the claim, they could
do so, but the department has not heard from them and they don't
know what their intent is.
REPRESENTATIVE OGAN noted that he currently had grave concerns that
traditional accesses were problematic. He's heard other testimony
about the state cutting off access and he had some misgivings about
this. He referred to page 4, line 1, where it says the commission
may acquire land and water within the boundaries of Shuyak Island
Park except by eminent domain. He noted that this was a change in
policy and he asked Mr. Stratton to explain it.
Number 1591
MR. STRATTON noted that it was his understanding that this was just
a different way to write the same thing. The previous statute said
they may not acquire land within the boundaries by eminent domain
and this legislation says they may acquire except by eminent
domain. The lawyers who advised him said that this meant the same
thing. He then stated that the Parks Department can't use eminent
domain on the island.
REPRESENTATIVE OGAN said that this was not the same thing because
they've been given the power to acquire water. This certainly is
a change.
Number 1650
MR. STRATTON responded that this was true.
REPRESENTATIVE OGAN stated then that it would be fair to say that
this expanded their powers.
MR. STRATTON responded that he would agree with this. The water on
the island consists of many small ponds and lakes. The private in-
holdings and anything they might be able to acquire from a willing
seller is all along the shoreline and doesn't include any of those
lakes from the maps that he's seen.
REPRESENTATIVE OGAN asked how many in-holdings there were in the
park and whether or not they have been notified.
Number 1678
MR. STRATTON stated that there were six in-holders and they have
notified those people who live in state. They are in the process
of getting support from them. He noted a letter of support sent to
Senator Mackey from the people from Fort William, the largest in-
holder. All of the other in-holders are in the process of sending
in support letters to Representative Austerman. There is one
person who lives out of state that they have not been able to get
a hold of. They don't know where this individual is.
Number 1715
REPRESENTATIVE JOULE stated that he was interested in what the
locals had to say about this proposal, especially those who use the
area for sport hunting, subsistence hunting, sport and commercial
fishing, the charter boat operators, etc. He also wanted to know
if there was any active opposition to this proposal or whether this
will adverse their business or ability to hunt and fish in the
area.
REPRESENTATIVE AUSTERMAN apologized that the letters of support
were not included in the packet. There are a number of them and he
didn't know why they weren't in the file. As to specific charter
boats, he has seen a letter from a commercial operator who takes
kayakers to the area who was definitely in support of this
legislation. He assumed that the charter boat operators are in
favor of this legislation too. This legislation does protect all
their rights concerning sport and commercial fishing. He also
noted that they would make support letters available to the
committee from the Kodiak Audubon Society, the Kodiak Island
Convention and Visitors Bureau, Port Williams Lodge and Wavetamer
Kayaking Adventures.
REPRESENTATIVE AUSTERMAN stated that after serving 9 years on the
borough assembly there, his sense from the people is that this is
a natural thing to happen to this park. This is something they've
been planning on for a long time. It was understood that this area
would eventually turn into a state park and this was one of the
reasons they had a lot of interest in cutting timber off of the
island. All of the islands to the south, the Afognak area
especially, has been clear cut so the consensus was that either
they turn it into a state park or it would probably be developed.
To have habitat on one side and state park on the other, it seemed
nonsensical to clear cut the center of the island.
Number 1884
REPRESENTATIVE JOE RYAN stated that this would probably be the last
time he would approve any private land be reverted to the public
ownership. This Exxon Valdez settlement sticks in his throat. To
hijack that company over an accident when they did not intend to
run their tanker onto a reef and to extort $5 billion from them and
use it to buy up more land, he doesn't like this policy.
REPRESENTATIVE RYAN asked about section 5, paragraph (b). It was
his understanding that the use of unlawful weapons is prescribed
throughout the code in Alaska, as well as in the federal codes. He
asked why this particular change was made from "use" to "unlawful
use."
Number 2052
MR. STRATTON responded that he didn't know. This was the way the
legislative drafters sent it back to them. He thought they were
trying to make some kind of consistent language through all the
statutes relative to weapons use, but stated that this was just a
guess on his part. He then responded to a question posed by
Representative Ryan regarding a state game refuge that's been
"hanging fire" for some time, that's been consolidated into this
bill.
MR. STRATTON outlined that when the consent decree was signed in
1981 between the borough and the state, the intent was that the
state lands on the eastern edge of the island would eventually be
established as a state game refuge by the legislature. This never
came to completion and right now this is general state land, but
the consent decree restricts what this land may be used for in
respects to public recreation and wildlife. When the department
began working with the borough in adding the lands which they sold
to the Exxon Valdez Trustee Council for the same purposes, it made
sense to consolidate all of the lands together and make the entire
island a park for consistent management across the entire island.
MR. STRATTON continued that the plans they use for state parks are
primarily developed with the users groups to identify where
facilities should be developed, such as camp sites and trails,
public use cabins, etc. This becomes their blue print for
enhancing access and creating recreational opportunities as funds
and volunteers are available. Any restriction that would be
proposed in a land use plan has to go through the rule making
process and go out for another round of public comment before it
can be adopted. They listen to this public comment and weight it
very heavily when making their decision. Anything they propose has
to go through the regulation process. The parks plans do have the
force of law. Their plans are an opportunity for people to agree
on how they would like to see an area managed, but as far as
implementing this they have to take other steps.
Number 2100
REPRESENTATIVE SANDERS noted the letters of support distributed to
the committee and he asked whether there were responses from the
community of Port Lions.
REPRESENTATIVE AUSTERMAN stated that he didn't believe they have
received anything from Port Lions, but said they could contact them
to find out what their response is.
Number 2131
REPRESENTATIVE OGAN asked Mr. Stratton if there were lakes big
enough to land float planes on Shuyak Island.
MR. STRATTON answered yes and that they would continue to allow
float planes to land on all of the lakes. The language which came
from the borough specifically says that float plane landings will
continue.
REPRESENTATIVE OGAN asked if state law would be dominant over
borough regulations.
MR. STRATTON stated that he was referring to the conservation
easement and these were the conditions which the Kodiak Borough put
on the management of the land when they sold it to the Exxon Valdez
Trustee Council. This is a restriction on the deed of the land and
within this restriction it says that float equipped aircraft on
water bodies shall not be prohibited.
REPRESENTATIVE OGAN referenced a problem with Blair Lake in Denali
State Park and the restriction of assess to this lake. He again
stated that he didn't have a "warm and fuzzy" feeling that this
would always be the case in regards to further restrictions. He
then made reference to unlawful use of firearms language and asked,
"If you have that language in there, then essentially, you could
regulate the use by firearms, of firearms by regulation if they
violated that regulation it would unlawful, is that correct?"
Number 2220
MR. STRATTON responded that this was correct. They currently do
have regulations regarding the use of firearms within certain
distances of public use cabins and camp grounds.
REPRESENTATIVE AUSTERMAN pointed to the map hanging on the wall
behind Chairman Ivan. Kodiak Island has a large green section on
it and then a small green section on the north end of Afognak.
These are federal lands. The blue and pink lands are state and
privately owned lands. Given the fact that two thirds of Kodiak
Island is tied up in a national wildlife refuge and the fact that
the community of Kodiak through the borough assembly have agreed to
take this island of Shuyak on the far north end and turn it into a
state park, tying up more lands in this area, is indicative of how
the communities of this region feel, ie. that they do want these
lands set aside for hunting and fishing.
Number 2293
REPRESENTATIVE JOULE noted that he had asked the question about how
the locals felt based on how some individuals in the state of
Alaska would like to develop ANWR while being controlled by a hugh
bureaucracy. He used the same analogy as outlined by
Representative Sanders regarding the legislature assuming the same
role on the state level as the president on the federal. He
thought it would be ironic for them to disallow this park if this
is what the local people want. He said he would be interested in
hearing from the people who use the area often, more specifically
those folks from Port Lions.
REPRESENTATIVE AUSTERMAN stated that Representative Joule's
concerns were well taken. Each area of the state is unique and
different from other areas and he used the small footprint analogy
again. He said that they would talk to folks at Port Lions and
said that since the mayor of the Kodiak Borough was on line he may
have more information regarding this community.
Number 2372
REPRESENTATIVE RYAN said that he was not about to stand in the way
of Representative Austerman and his community if they feel this
park is necessary. He pointed out that Representative Austerman is
more familiar with the area, but his problem is that he is
extremely suspicious. He said he has watched the bureaucracy over
and over again come out with good intentions, but insidiously
things get shut and closed down with time. He said that this gets
very frustrating and tiresome, "and you say to yourself we've got
to put a stop to this sooner or later" and the only two ways he
knows how to do this is to stop giving them the opportunity in the
first place and/or take away their budgets. He said he favors the
latter since this sends a very strong message. The whole concept
of America's foundation was based on the private ownership of land
as freedom.
REPRESENTATIVE AUSTERMAN stated that he tended to agree with
Representative Ryan and a lot of his statements, but he was trying
to emphasis that with the amount of land that's already tied up on
Kodiak Island and the fact that the community is willing to tie up
Shuyak Island is a reflection that they do have an understanding
about the value of land, as well as having open access to it,
especially in an area like Kodiak.
Number 2465
JEROME SELBY, Mayor, Kodiak Island Borough testified by
teleconference from Kodiak on HB 89. He said they have been five
years in the making on this project and urged the committee to
adopt this bill. A lot of the concerns identified were also
concerns that they had and he referred to the deed restrictions.
TAPE 97-6, SIDE B
Number 000
MAYOR SELBY stated that if these restrictions are abused in any way
by the Parks Division then the property reverts back to the
borough. This was done on purpose so they wouldn't have to deal
with a lot of the same concerns which the committee has raised.
The deed restrictions also say that the land has to be managed as
if it were a state park. The deed itself basically mandates that
this land will be a park. They are asking the legislature to
ratify this park into the state land system.
MAYOR SELBY stated that there will be very little additional cost
to the Parks Department on an annual operating basis. They were
also sensitive not to run up the bill on the legislature in terms
of managing this area, other than the department needing some
additional skiff gas and some additional summer help. This is a
very minimal impact on the budget. This effort to make Shuyak
Island a park was supported unanimously from the Kodiak community.
He was not aware of a single voice of opposition.
Number 067
MAYOR SELBY said the significance of this is that a few years back
the borough looked at selling some remote cabin sites on this
island. He said that if there is a concern in the community
regarding an issue two or three people will show up for a public
hearing. If it's a big issue they will get 10 or 15 people in
attendance. They had 100 people show up in opposition of the
borough selling land for private cabin sites on this island. These
100 people unanimously voted to make this area into a park so it is
available for the long term. He said there was a lot of good
rational for this.
MAYOR SELBY offered that this island rated out as the most critical
habitat for all of the injured species from the Exxon Valdez oil
spill and that this was why it was purchased by the council. He
continued that this island is one of the most valuable habitat
areas in the entire north Pacific. It is such a small island so
that they aren't tying up a hugh land mass in order to have one of
the most productive ecosystems in the entire north Pacific retained
for the long haul. He noted that this area is perfect for Kodiak
Island to develop their tourism. Afognak Island is being heavily
logged and developed in other ways which conflict with tourism.
The Shuyak Park would help diversify the area economy.
MAYOR SELBY continued that they don't see this park as a "lock up"
situation, but development of a different kind which is tourism.
He mentioned again the heavy use of the four cabins already on the
island and the Port Williams lodge as well. This is also an
important commercial fishing area. He then spoke to the deed
restrictions about the recreational vehicles. This issue was
heavily debated. First, it's a small enough island that
recreational vehicles aren't needed. Secondly, and the bigger
problem, is that there are serious erosion problems with
recreational vehicles on Kodiak Island which stems back to the ash
fall from the Katmai eruption in the early 1900's. Once someone
cuts into this 18 inches of ash with a vehicle it starts to erode
and becomes just like putty and eventually causes slides. This
ash flows into the streams suffocating the salmon.
Number 338
REPRESENTATIVE SANDERS asked Mayor Selby if he knew Peter
Squartsoff and whether Mr. Squartsoff shares the same opinion about
establishing this park.
MAYOR SELBY responded that he believed so and had talked to Peter
a number of times in 1989 when he was mayor of Port Lions. Mayor
Selby said he spends a great deal of time in Port Lions since his
wife was born and raised there. He said he was not aware of anyone
in Port Lions opposing this legislation. Shuyak Island is far
enough away from Port Lions that the Afognak and Port Lions people
don't use this island heavily. They use Afognak island
predominantly for their subsistence hunting and fishing, as well as
the immediate area surrounding Port Lions.
Number 394
WILLY DUNNE testified by teleconference from Homer on HB 89.
He is chair of the Kachemak Bay State Park Citizen Advisory Board.
The board has not acted on this issue yet, but they would address
it this month. Speaking for himself as a hunter and a fisherman he
uses Shuyak Island. He used to commercial fish out of Homer and
has hiked around this island. This island would be a great
addition to the state park system. It also makes sense from an
economic standpoint. There are a number of businesses out of Homer
which shuttle people to Shuyak Island by plane and boat. By
designating this island park land, it would provide added economic
benefit to some of the operators out of the area. He spoke with
some of these local concerns and they all voiced support.
Number 483
MICHELE DRUMMOND came forward to testify on HB 89 as a Kodiak
Island resident. She stated that she fully supported this park.
She has friends who hunt there and looks forward to having them
bring venison back. She felt as though this designation would be
an excellent idea as long as the existing uses were kept intact.
Shuyak Island offers great hunting opportunities with Blacktailed
Deer which are as plentiful as the silver salmon that run in the
streams there. Ms. Drummond mentioned the abundant halibut stocks
around the island which bring boats from the Kodiak and Homer area,
as well as pollack and pacific cod. She felt that since Shuyak
Island is located between Homer and Kodiak it provides an economic
tourism resource for both communities.
Number 556
REPRESENTATIVE OGAN asked to see the deed restrictions.
REPRESENTATIVE AUSTERMAN said that they would make these available.
This legislation has been referred to the Resource Committee and
they would provide it at that time.
Number 585
REPRESENTATIVE RYAN asked Representative Austerman if he would
consider changing back the language in section 5 regarding the
lawful use of weapons versus leaving it the way it was. He was
concerned that every time they make the slightest in-road on
weapons use and ownership, it is always at the detriment of the
individual.
JERRY LUCKHAUPT, Legislative Legal and Research Services,
Legislative Affairs Agency, came forward to provide information on
HB 89 and the language used as drafter of this bill. The language
regarding the lawful use of a weapon in section 5 was just the way
he received it from the department. It mirrors the last time the
state created the Afognak Island park reflected in AS 41.21.188.
This weapons language, as he recollected, was inserted at this time
in response to the Attorney General's office so they could avoid a
situation where they'd have to allow the unlawful use of a weapon
on Afognak Island State Park. The language was originally inserted
to allay concerns by the legislature that they didn't want hunting
or the use of a firearm being prohibited in the parks as some sort
of incompatible use, so language like this was inserted
approximately 15 years ago to ensure that use of a weapon would be
allowed except for public safety purposes. Then the concern was
raised two years ago when referring to the use of a weapon that
this implies any unlawful use would be allowed except for some type
of public safety exception. This then was how the language
"unlawful use" came to be. "Unlawful" would be prohibited and then
"lawful" would be allowed. As long as someone is lawfully using a
weapon, then it can't be prohibited except under some public safety
grounds.
Number 776
REPRESENTATIVE RYAN offered that if this language is already noted
in present statutes, wouldn't reference to the same in this bill be
considered "overkill."
MR. LUCKHAUPT stated that in his opinion that the use of a weapon
would be good enough, but they end up in a situation where they've
got different provisions in statutes in one case, "use of a weapon"
and then "lawful use of a weapon." If the legislature means
different things then different language is used. Usually when the
legislature uses different language it does mean different things.
From this point of view, consistency would be important. The
reality is that there is no difference in the language and he
agreed with Representative Ryan.
Number 888
REPRESENTATIVE OGAN asked if the language "lawful use" gave the
Park Service the authority to regulate the use of weapons by
regulations, say if they decide that someone's caliber used is not
allowed, or target practice is not allowed, this would give them
the ability to enforce this.
MR. LUCKHAUPT stated that they would be very limited in the
regulations they can pass under this section restricting fire arms.
The lawful use of a weapon must be allowed except in unique areas
that may be closed for purposes of public safety by regulation.
First they must identify unique areas by regulation and they'd have
to identify that they're closing this area to the use of a weapon
for purposes of public safety. Otherwise, they have to allow any
lawful use of a weapon in this area, target shooting is allowed,
including the use of all calibers to the extent there are
restrictions that the Board of Game may impose.
Number 1002
REPRESENTATIVE OGAN state that in Chugach State Park target
practice is not allowed, so he begged to differ. On page 4, line
1, there is a language change regarding when the commissioner can
acquire land and suggested the use of the word "except" instead of
"not."
MR. LUCKHAUPT noted that this alteration would just be a different
way of saying the same thing. Again, this language matches the
language which the legislature last used in dealing with the
Afognak Island State Park. The current language reads that the
commissioner may not acquire land within the boundaries of Shuyak
Island State Park by eminent domain as this is a clear prohibition
on the commissioner using eminent domain within the park. The new
language would say that the commissioner may acquire land and water
within the boundaries of Shuyak Island State Park except by eminent
domain. He interprets this to mean that the commissioner can still
acquire land within the boundaries of the park, but he cannot use
eminent domain. He assumed the only reason why DNR or the
Department of Law would want to change this language would be for
the purposes of uniformity. The commissioner can still acquire
land using this language by purchase or land trades, but eminent
domain could not be used.
Number 1121
REPRESENTATIVE OGAN pointed out that they would be given the
opportunity to acquire land and water though, such as lakes and
streams. He asked how this expanded definition changed their scope
of powers to acquire lakes and streams, or whether they were just
talking about fresh or salt water as well.
MR. LUCKHAUPT stated that Shuyak Island was originally created to
include only the uplands and fresh water bodies within the park.
"So, the tidelands and the waters, you know, surrounding the park
that are, getting in the whole idea of what are state waters which
basically you can go three miles out and those sorts of areas,
originally the tidelands and the salt water overlying those
tidelands was not part of the park and so what they are doing here
is adding those tidelands along with certain other lands to the
park."
MR. LUCKHAUPT noted that the land being added by the legislature
does include water, including all the waters overlying those
tidelands and submerged lands that are within the sections that the
legislature has set aside. This does give the commissioner the
authority to acquire other land and water within the park. The
only time there might be a difference with including water or not
is if the water is navigable or not and then when a determination
is made that a particular stream is navigable, then the state owns
the land underneath this navigable water. If the stream is not
navigable then whoever the land owner is owns the stream bed
itself. Under the constitution the state owns all the water in the
state. Whatever land and water that's not part of the park, but
within these boundaries the commissioner can acquire by purchase.
MR. LUCKHAUPT responded to the comment made about target shooting
in the Chugach State Park. This park does not have a restriction
on lawful use of weapons and what they have to allow. Under
Chugach State Park, AS 41.23.123, the commissioner can adopt any
regulation that is incompatible with any of the other uses the
commissioner has identified within the park.
Number 1350
REPRESENTATIVE OGAN took Mr. Stratton to task for his answer
regarding page 4, line 1. He said that he was really upset. He
asked Mr. Stratton what this language did and Mr. Stratton's
response was that it says the same thing. Never did he mention
that this also included any of the state waters 3 miles out or the
tidelands. He said he would appreciate more forthcoming answers
when he asks questions such as this one.
MR. STRATTON apologized. He didn't realize that the water which
they can acquire from private, willing sellers would include the
tidelands and he pointed out that they aren't acquiring the waters
up to 3 miles out. The bill only includes the tidelands.
Number 1432
REPRESENTATIVE OGAN said that he thought he heard Mr. Luckhaupt say
that Mr. Stratton requested this language and for the record he
stated that he thought this was a good example of the park
misrepresenting its intentions.
Number 1447
REPRESENTATIVE RYAN noted that the borough has made a very
advantageous land sale of 26,665.62 acres for $42 million, but the
thing that he questions is why the United States Department of
Agriculture Forest Service provided an appraisal as of November 1,
1994, when the borough has an assessor who keeps track of the
values of land in the borough and also the state assessor comes by
from time to time to figure what the contribution will be for the
foundation formula, why was the United States Department of
Agriculture assessment accepted instead of their own particular
records of that (indisc.) tied in with the state. He asked if one
assessment was more advantageous to the borough than another.
REPRESENTATIVE AUSTERMAN said that Mayor Selby could correct him if
wrong, but he believed that the assessment of these land values was
done by an independent assessor so that the negotiations over the
actual appraisal value and what the borough would receive from the
lands would be fair and equitable.
MAYOR SELBY stated that the assessment was conducted by the
Department of Agriculture as a requirement of lands acquired by the
Exxon Valdez Trustee Council, especially since timber was involved.
This is what was done, but the reality is that when they conducted
the final negotiation of purchase the value of the land ultimately
used for the acquisition was the values that the Kodiak Island
Borough Assessor, Pat Carlson developed three years previous to
them spending well over a half a million dollars in their appraisal
process.
Number 1620
REPRESENTATIVE RYAN asked if this was just for the surface and that
it didn't include sub-surface rights which the state still retains.
MAYOR SELBY said that this was correct. The borough only sold what
they had title to from the state of Alaska.
Number 1665
REPRESENTATIVE RYAN moved and asked unanimous consent to move CSHB
89 (CRA) out of committee with individual recommendations and
accompanying zero fiscal note as amended. Hearing no objection,
CSHB 89 (CRA) was moved out of the House Community and Regional
Affairs Committee.
ADJOURNMENT
Number 1685
CHAIRMAN IVAN adjourned the meeting at 9:26 a.m.
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