CSHB 37(FIN) am: "An Act relating to voluntary land trades and purchases to enhance public access to fishing streams."
00 CS FOR HOUSE BILL NO. 37(FIN) am 01 "An Act relating to voluntary land trades and purchases to enhance public access to 02 fishing streams." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05 is amended by adding a new section to read: 05 Sec. 16.05.096. Identification of privately held land along fishing 06 waterways. (a) Before July 1 of each year, the commissioner shall submit to the 07 commissioner of natural resources a list of land along fishing waterways where access 08 to the waterways is impeded by private land ownership. 09 (b) When identifying land for the list in (a) of this section, the commissioner 10 shall solicit and review input from the public concerning land that may be included on 11 the list. 12 (c) Factors to be considered by the commissioner when identifying land to be 13 listed under (a) of this section include whether 14 (1) public access is needed to allow desirable foot, motorized or other
01 access to and recreational or subsistence use of the fishery resources present in the 02 waterway; 03 (2) private land ownership prevents public access to a section of the 04 waterway that is highly desirable for its fishing or other recreational attributes; 05 (3) public access to a section of the waterway would significantly 06 enhance the public's enjoyment of that waterway; 07 (4) the waterway contains wild sport fish or fish of a species, physical 08 size, and abundance that may support a commercial, personal use, sport, or subsistence 09 fishery; 10 (5) the fish population on the waterway may support a catch and 11 release sport fishing or other sport, commercial, personal use, or subsistence fishery. 12 (d) In reviewing land for identification under (a) of this section, the 13 commissioner shall give priority to land leading to and along fishing waterways that 14 (1) is reasonably accessible, including by backcountry hiking, from the 15 state's road system; 16 (2) is undeveloped and may be acquired by the state through purchase 17 or trade; 18 (3) has the greatest potential for public recreational or subsistence use 19 and enjoyment based on the size and abundance of fish, even if the location may be in 20 a remote part of the state. 21 (e) The decision by the commissioner to include or exclude land on the list in 22 (a) of this section is within the discretion of the commissioner and is not subject to 23 appeal. The commissioner shall, however, make the list proposed to be submitted to 24 the commissioner of natural resources publicly available before submission of the list 25 and may consider public comment before submission of the list. 26 (f) In this section, "fishing waterway" means a waterway that contains wild 27 sport fish or fish of a species, physical size, and abundance that may support a sport 28 commercial, personal use, or subsistence fishery. 29 * Sec. 2. AS 38.50 is amended by adding a new section to read: 30 Sec. 38.50.015. Access to fishing waterways. (a) After receiving from the 31 commissioner of fish and game a list prepared under AS 16.05.096 that identifies land
01 along fishing waterways where access to the waterways is impeded by private land 02 ownership, the commissioner may proceed to acquire public access to waterways 03 across those lands. The right of eminent domain may not be exercised to acquire land 04 or interest in land under this section. 05 (b) Public access may be acquired by 06 (1) purchasing or leasing an easement for access across each parcel of 07 land; 08 (2) trading state land for private land; or 09 (3) purchasing or leasing private land. 10 (c) Before February 1 of each year, the commissioner and the commissioner of 11 fish and game shall submit a plan to acquire public access to fishing waterways 12 through trade or purchase for the following fiscal year. The plan must include a 13 minimum access to not less than a total of two meander miles along fishing 14 waterways. Within 60 days after receiving a written request from a landowner 15 requesting the removal of the landowner's land from the list to be acquired under the 16 plan, the commissioner shall remove the landowner's land from the list, even if the 17 removal leaves less than two meander miles along fishing waterways. 18 (d) In this section, 19 (1) "fishing waterway" has the meaning in AS 16.05.096; 20 (2) "meander mile" means a distance of one mile measured following 21 the course of a waterway. 22 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 LAND TO BE CONSIDERED FOR FIRST LIST. Notwithstanding the discretion of 25 the commissioner of fish and game under AS 16.05.096 as enacted in sec. 1 of this Act, the 26 initial list to be submitted to the commissioner of natural resources before July 1 following the 27 effective date of this Act shall include land 28 (1) adjacent to or near Montana Creek and Willow Creek above the Parks 29 Highway on waterways that are open to trout and grayling fishing; 30 (2) along Anchor River and Deep Creek on the Kenai Peninsula where the 31 waterways are open to steelhead, salmon, Dolly Varden, or trout fishing; and
01 (3) along the Salcha River located off the Richardson Highway where the river 02 is open to grayling fishing.