03/22/2002 01:10 PM House RES
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ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 22, 2002
1:10 p.m.
MEMBERS PRESENT
Representative Beverly Masek, Co-Chair
Representative Hugh Fate, Vice Chair
Representative Joe Green
Representative Mike Chenault
Representative Lesil McGuire
Representative Gary Stevens
Representative Mary Kapsner
Representative Beth Kerttula
MEMBERS ABSENT
Representative Drew Scalzi, Co-Chair
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 255(RES)
"An Act approving an exchange of land between the state and Gold
Cord Development Corporation; and providing for an effective
date."
- MOVED CSSB 255(RES) OUT OF COMMITTEE
HOUSE BILL NO. 462
"An Act relating to the release of certain confidential records
and reports concerning fishing, fish buying, or fish processing;
and providing for an effective date."
- MOVED CSHB 462(RES) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: SB 255
SHORT TITLE:LAND EXCHANGES: GOLD CORD DEVELOPMENT
SPONSOR(S): SENATOR(S) GREEN BY REQUEST
Jrn-Date Jrn-Page Action
01/23/02 2018 (S) READ THE FIRST TIME -
REFERRALS
01/23/02 2018 (S) RES
02/08/02 (S) RES AT 3:30 PM BUTROVICH 205
02/08/02 (S) Moved CS(RES) Out of
Committee
02/08/02 (S) MINUTE(RES)
02/11/02 2153 (S) RES RPT CS 6DP NEW TITLE
02/11/02 2154 (S) DP: TORGERSON, HALFORD,
STEVENS,
02/11/02 2154 (S) WILKEN, LINCOLN, ELTON
02/11/02 2154 (S) FN1: ZERO(DNR)
03/01/02 (S) RLS AT 10:30 AM FAHRENKAMP
203
03/01/02 (S) MINUTE(RLS)
03/01/02 2342 (S) RULES TO CALENDAR 3/1/02
03/01/02 2345 (S) READ THE SECOND TIME
03/01/02 2345 (S) RES CS ADOPTED UNAN CONSENT
03/01/02 2345 (S) ADVANCED TO THIRD READING
UNAN CONSENT
03/01/02 2345 (S) READ THE THIRD TIME CSSB
255(RES)
03/01/02 2346 (S) PASSED Y17 N- E2 A1
03/01/02 2346 (S) EFFECTIVE DATE(S) SAME AS
PASSAGE
03/01/02 2351 (S) TRANSMITTED TO (H)
03/01/02 2351 (S) VERSION: CSSB 255(RES)
03/04/02 2459 (H) READ THE FIRST TIME -
REFERRALS
03/04/02 2459 (H) RES
03/22/02 (H) RES AT 1:00 PM CAPITOL 124
BILL: HB 462
SHORT TITLE:CONFIDENTIALITY OF FISHING RECORDS
SPONSOR(S): REPRESENTATIVE(S)STEVENS
Jrn-Date Jrn-Page Action
02/19/02 2312 (H) READ THE FIRST TIME -
REFERRALS
02/19/02 2312 (H) FSH, RES
03/04/02 (H) FSH AT 3:30 PM CAPITOL 124
03/04/02 (H) Moved Out of Committee
03/06/02 2486 (H) FSH RPT 2DP 3NR
03/06/02 2486 (H) DP: SCALZI, STEVENS; NR:
COGHILL,
03/06/02 2486 (H) KAPSNER, KERTTULA
03/06/02 2486 (H) FN1: ZERO(DFG)
03/06/02 2486 (H) FN2: ZERO(DPS)
03/15/02 (H) RES AT 1:00 PM CAPITOL 124
03/15/02 (H) Heard & Held
03/22/02 (H) RES AT 1:00 PM CAPITOL 124
WITNESS REGISTER
JERRY BURNETT, Staff
to Senator Lyda Green
Alaska State Legislature
Capitol Building, Room 125
Juneau, Alaska 99801
POSITION STATEMENT: Presented CSSB 255(RES) on behalf of
Senator Green, sponsor of SB 255 by request.
CAROL CARROLL, Director
Division of Support Services
Department of Natural Resources (DNR)
400 Willoughby Avenue, 5th Floor
Juneau, Alaska 99801-1724
POSITION STATEMENT: Urged passage of CSSB 255(RES).
GORDY WILLIAMS, Legislative Liaison
Office of the Commissioner
Alaska Department of Fish & Game (ADF&G)
PO Box 25526
Juneau, Alaska 99802-5526
POSITION STATEMENT: Answered questions regarding CSHB 462,
Version F.
ACTION NARRATIVE
TAPE 02-18, SIDE A
Number 0001
CO-CHAIR BEVERLY MASEK called the House Resources Standing
Committee meeting to order at 1:10 P.M. Representatives Masek,
Fate, Green, McGuire, Stevens, Chenault, and Kerttula were
present at the call to order. Representative Kapsner arrived as
the meeting was in progress.
SB 255-LAND EXCHANGES: GOLD CORD DEVELOPMENT
Number 0010
CO-CHAIR MASEK announced the first order of business before the
committee, CS FOR SENATE BILL NO. 255(RES), "An Act approving an
exchange of land between the state and Gold Cord Development
Corporation; and providing for an effective date."
Number 0102
JERRY BURNETT, Staff to Senator Lyda Green, Alaska State
Legislature, presented CSSB 255(RES) on behalf of Senator Green,
sponsor of SB 255 by request. Noting that the bill relates to
legislative approval of an unequal land exchange, Mr. Burnett
offered the following sponsor statement:
Alaska "State Parks" [Division of Parks & Outdoor
Recreation] has been working since 1978 to develop an
opportunity for private reuse and management of
historic buildings at Independence Mine State
[Historical] Park (IMSHP). To make such a private
venture economical, the state has already completed or
has in the works several projects. [State] Parks
completed paving the road to IMSHP, secured the
underground mine tunnel [in a previous exchange] to
allow for underground tours, and will complete
rehabilitation of foundations and roofs on seven
buildings beginning in 2002 - and that's being paid
for with federal funds - and several TRAAK [Trails and
Recreation Access for Alaska] projects to improve the
trail system, parking lots, Americans with
Disabilities Act [ADA] access to existing visitor
center, and interpretive panels on the mine's history.
They will be releasing an RFP [request for proposals]
seeking a private partner, ... scheduled for release
in ... February [2002].
To facilitate the road access to the underground mine
tour, the State of Alaska sought an exchange with Gold
Cord [Development Corporation], the owner of a
critical section of the road. The state held an
easement across the property, but it was not of
sufficient size to provide the bus access necessary.
In addition, Gold Cord held a federal mining claim
that extended into the existing park boundaries.
The exchange has been agreed to by all parties. The
reason you need a legislative approval is because the
state land that's being traded ... away is worth about
$63,000 - that Gold Cord gets. And the state will be
receiving about $68,[5]00 worth of land. So, there's
about a $5,500 advantage to the state, here. And
since it's unequal, the legislature needs to approve
it.
Number 0328
REPRESENTATIVE FATE inquired whether the mining claims held by
Gold Cord are patented.
MR. BURNETT replied no.
REPRESENTATIVE FATE expressed concern with the process with
these federal mining claims that aren't patented, because the
negotiations might have to occur with the federal government
rather than with Gold Cord.
Number 0446
CAROL CARROLL, Director, Division of Support Services,
Department of Natural Resources (DNR), clarified that the
federal government is part of this exchange. The state is
unable to obtain the selected land due to the unpatented federal
mining claims. Therefore, Gold Cord is going to give up the
mining claims, and the federal government is going to give the
land to the state; then the exchange between the state and Gold
Cord will occur. The department supports this; the Division of
Parks [& Outdoor Recreation] has worked hard to obtain this
agreement. There were few comments [during the public process],
she noted, and those didn't illustrate any controversy.
Therefore, she urged passage of the bill.
MS. CARROLL, in response to Representative Green, explained that
the [double] dotted line on the map in the committee packet
refers to the road. Directing attention to where the road
crosses over the corner of the [parcel] labeled "Gold Cord No.
9," she explained that this portion is what the state will
receive in order to straighten the road. The state will also
receive the southern half of the [parcel] labeled "Gold Cord Add
No. 2." That is the exchange.
Number 0686
MS. CARROLL, in response to Representative Stevens, explained
that the Independence Mine, located in the Hatcher Pass area of
the Matanuska-Susitna region, was a famous gold mine in the Gold
Rush era. Some buildings remain, and the area is picturesque.
The [Division of Parks & Outdoor Recreation] would like to
obtain a contractor to maintain the area and open up some of the
underground mining tunnels for tours.
REPRESENTATIVE FATE asked how long the RFPs have been out, and
what the response has been.
MS. CARROLL recalled that the RFPs went out in February, but
aren't due until October. She indicated although there may have
been some proposals, she wasn't aware of any.
REPRESENTATIVE FATE remarked that he has been to [IMSHP], which
he called a delightful place with tremendous opportunity.
Number 0883
REPRESENTATIVE FATE moved to report CSSB 255(RES) out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSSB 255(RES) was
moved out of the House Resources Standing Committee.
HB 462-CONFIDENTIALITY OF FISHING RECORDS
CO-CHAIR MASEK announced the final order of business, HOUSE BILL
NO. 462, "An Act relating to the release of certain confidential
records and reports concerning fishing, fish buying, or fish
processing; and providing for an effective date."
Number 0961
REPRESENTATIVE GREEN moved to adopt CSHB 462, version 22-
LS1401\F, Utermohle, 3/21/01, as the working document. There
being no objection, Version F was before the committee.
REPRESENTATIVE STEVENS, sponsor of HB 462, informed the
committee that the only change is to insert "fishermen," [on
page 1, line 7], in order to ensure that fishermen who are
catchers and exporters are covered by this.
Number 1043
GORDY WILLIAMS, Legislative Liaison, Office of the Commissioner,
Alaska Department of Fish & Game (ADF&G), began by thanking the
committee for holding the bill over so that the department could
work on some definitions. He pointed out that the word
"fishermen" had been included in the new language regarding the
annual statistical report, the Commercial Operators Annual
Report (COAR) discussed on page 1, line 7, and on page 2,
paragraphs (7), (8), and (9). Before the first hearing on HB
462, he recalled, there was an issue with regard to whether
catcher-exporter fishermen who also submit a COAR would be
covered under the confidentiality. The report [under Version F]
would be able to be returned to this group, and would be
available to the [Department of] Public Safety and the National
Marine Fisheries Service (NMFS). This is merely a technical
change, he added.
Number 1191
REPRESENTATIVE GREEN asked why fishermen need to be brought in
under this confidentiality.
MR. WILLIAMS answered that [Version F] doesn't bring fishermen
in under the confidentiality aspect any more than they
technically already are. Of those who submit a COAR, the
catcher-exporter group doesn't really fit well as a buyer or
processor. However, this group is submitting a COAR; thus the
desire is to provide clarity that the catcher-exporter's COAR
will also be held confidential. No new reports from fishermen
are being required, he pointed out.
REPRESENTATIVE GREEN asked why it's important to fishermen that
their COARs remain confidential.
MR. WILLIAMS explained that the COARs have fairly proprietary
information with regard to what was bought, and in some cases
lists the wholesale price. This is information submitted to
ADF&G and the Department of Revenue for the purposes of
statistical analysis and good fisheries management. The
department wants to hold these reports confidential because they
contain information that isn't available to the general public.
Mr. Williams pointed out that on the fish ticket there is some
discreet information with regard to the location of the catch;
that information is desired [by the fishermen] to be kept
confidential.
Number 1415
REPRESENTATIVE FATE announced that he gets fish tickets, and yet
everyone on his stretch of the river knows what he caught, where
he caught it, and how much he was paid for it. Therefore, he
said he didn't understand the confidentiality issue. He
questioned the good of enforcing confidentiality that [to his
belief] doesn't even exist.
REPRESENTATIVE STEVENS pointed out that it is different in the
rivers versus the ocean. He explained that the real point of
the bill is to allow fishermen to get the reports returned to
them for various reasons.
MR. WILLIAMS agreed. He said that once the information is
received by the state, the [department] feels that those reports
should be held confidential because they do include proprietary
and discreet information. What fishermen or processors choose
to do with their own information is their business.
REPRESENTATIVE FATE proposed that there are two different
fisheries in the state: a "blue water" fishery and a smaller
"brown water" fishery. It seems often things are done with
regard to fishing that don't consider the latter, he said,
although he acknowledged that this particular bill wouldn't hurt
it. He expressed hope that future bills will consider that
there is more than one fishery in the state.
MR. WILLIAMS affirmed that this legislation is generic to all
fisheries.
CO-CHAIR MASEK, noting that no one wanted to testify, announced
that public testimony was closed.
Number 1726
REPRESENTATIVE GREEN moved to report CSHB 462, version 22-
LS1401\F, Utermohle, 3/21/02, out of committee with individual
recommendations and the accompanying zero fiscal note. There
being no objection, CSHB 462(RES) was moved out of the House
Resources Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 1:35 p.m.
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