Legislature(1995 - 1996)
04/18/1996 02:20 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL 91
"An Act 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."
REPRESENTATIVE CAREN ROBINSON spoke in support of HB 91
which would designate 13 islands in the Juneau area as a
State Marine Park. The islands included in the parcel are
located in Lynn Canal; they are unique because they can all
be reached within a few minutes by skiff or by a few hours
by kayak. The primary use of the selected lands has been,
historically, for recreation purposes.
TED MERRELL, MEMBER, PARKS ADVISORY BOARD, JUNEAU, spoke in
support of HB 91. He stressed that passage of the
legislation would protect the islands for continued
recreational use. He noted that more and more water-front
areas have become off-limits to the public. Mr. Merrell
advised that there is a wide range of public support for the
endorsement of the proposal.
RON SOMERVILLE, TERRITORIAL SPORTSMAN, JUNEAU, testified in
support of HB 91. He stated that the Territorial Sportsman
has always lobbied in support of areas within Southeast for
public purposes and maintenance for safety purposes.
Representative Martin asked if the area should become a
marine park, would only guided persons be able to access the
islands. Mr. Somerville stated that the Department of
Natural Resources (DNR) has the authority to restrict
accesses to State lands. To date, the Marine Parks have not
excluded public use to the areas.
NANCY WATERMAN, MEMBER OF JUNEAU PARKS AND RECREATION
ADVISORY COMMITTEE, JUNEAU, spoke in support of HB 91. Ms.
Waterman noted the diverse support of the legislation
throughout Juneau and the unanimous endorsement by the
citizens committee. She added that the City and Borough of
Juneau (CBJ) is currently updating a comprehensive plan for
use of the Parks and Recreation department.
SUSAN SCHRADER, JUNEAU, noted that Bryon Mallot, member of
the State Parks Advisory Board in Juneau, requested the
Committee's support of the proposed legislation.
Ms. Schrader added that the islands as proposed in HB 91,
hold exceptional recreational value for the citizens of CBJ
and for the many visitors that come to Alaska and to Juneau.
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With passage of the legislation, the islands would become
another addition to a string of state parks in Southeast
Alaska. The legislation would not restrict the use
currently happening on the islands. Ms. Schrader urged the
Committee's support.
MIKE MILLER, JUNEAU, spoke to his long interest in
preserving state parks. The concept of HB 91 would be to
have a series of islands up and down the coast to be
available for Alaskans as well as to provide a vital use for
visitors. He stressed that it was important that the sites
be designated now, and reiterated that the bill has
virtually total support in Juneau.
Representative Mulder pointed out a letter of opposition
from the Juneau Chamber of Commerce. Mr. Miller was
surprised and thought that they were in favor of the bill.
Representative Mulder added, there was also a letter from
Alaska Travel Adventures in opposition to the bill.
Representative Mulder asked if there was anything
prohibiting the use of the islands at this time. Mr. Miller
stated that there was not, although, there is nothing
prohibiting trashing and bad use of the islands.
Designation of the islands would provide for their
protection. The bill would prohibit inappropriate use of
the lands.
Representative Mulder spoke to the existing islands already
included in the park. He asked if consideration had been
given to development of additional boat access and ramps to
the islands; he asked if the Park Department had spent
additional money on the islands. Mr. Miller did not think
that additional funds had been spent. He pointed out that
little or no development has taken place because the money
has not been available. He stressed that it was the goal to
keep the sites as natural as possible.
Representative Mulder asked if Juneau had completed it's
land use selection. He suggested if that process had been
completed, CBJ could make application to do a line trade.
Representative Mulder emphasized that it was not in the
"best interest" of Juneau or the State to take "potential"
property tax land "off" the rolls. He foresaw a multiple
use of the islands to generate property taxes in the future.
Mr. Miller strongly suggested that the islands not be
appropriated for development.
Representative Grussendorf stressed that the City and
Borough of Juneau has placed a lot of land for sale in the
area. He pointed out that the CBJ Assembly has made and
supports the request for HB 91. CBJ recommends that the
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land be used for recreational purposes.
BOB JANES, GASTINEAU GUIDING COMPANY, JUNEAU, spoke in
support of HB 91. He pointed out that his company has taken
tourist to the Channel Island area without permit
regulations or fees because they exist in State land status.
Mr. Janes stressed that the future demand for use of the
area will increase, and by placing it in the State park
jurisdiction would protect it. He added that it would be
best for his business and the community in the long run to
designate the islands to marine park status.
Mr. Janes agreed that the islands do have a "high" economic
value and he believed that they will support more satellite
practices in the future by increasing the CBJ tax base.
Tourism is increasing. He urged the Committee's support of
the legislation.
JIM KING, JUNEAU, spoke in support of the legislation being
a person who has used all the islands during his many years
in Juneau. He stressed that this is "one of the special
things" that Alaskans feel is their privilege living here in
Alaska and having recreation and family oriented activities
available. He thought that the access would do more for the
economy of Juneau than having it on the "tax" rolls.
EDDIE GRASSER, ALASKA OUTDOOR COUNCIL (AOC), JUNEAU,
testified in support of HB 91. He noted that the Outdoor
Council has traditionally supported designation of public
lands for specific uses. He echoed comments of the others
who had testified. Mr. Grasser requested that the language
added on Page 2, Line 6, by the House Resources Committee,
be included and add to that "the Board of Game". Mr.
Grasser urged the Committee's support of the bill.
Representative Mulder asked if the Alaska Outdoor Council
would support the upkeep and maintenance of the marine
parks. Mr. Grasser replied that would not be possible.
Representative Mulder asked where the funds would come from
to provide the upkeep. Mr. Grasser suggested that the all
visitors who come to Alaska without a hunting, fishing or
trapping license be charged a $10 dollar fee to use the
lands.
THERESE SMITH, DIRECTOR, PARKS AND RECREATION, CITY AND
BOROUGH OF JUNEAU, JUNEAU, noted that CBJ has passed a
resolution in support of the Channel Islands Marine Park.
Ms. Smith acknowledged the economic value of such pristine
areas. Keeping the islands protected adds a lot to the land
value of the surrounding areas. She added, when dealing
with recreational use issues, the ability to be able to
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respond when conflicts occur is different than it would be
with State parks. From the recreational use perspective,
there is value in having the islands managed by State parks.
Representative Robinson added, in 1977, the islands were
nominated by the City and Borough of Juneau for state
selection from the Tongass National Forest for recreation
purposes. In 1989, the State selected the Channel Islands
from the federal government under the Alaska Statehood Act.
Establishing the lands as a State park would preserve the
quality of existing and future recreational usage while
allowing an agency to enforce proper usage of the land. All
existing lawful usage, including fishing, trapping and
hunting are preserved under statute. Only State park
management can consolidate water, intertidal and upland uses
into a single entity with adequate enforcement authority to
protect as well as provide for safe use of these resources.
Representative Robinson added that to designate the lands as
a State park requires legislative action. Both the City and
the State have identified the plan as a priority in the
Juneau Coastal Management Plan and the Juneau State Land
Plan. A previous bill, introduced during the 1991-92
Legislative session, passed the House only to die in the
Senate Rules Committee.
She added that it was important to recognize that Juneau has
a long and consistent history of using volunteers to manage
park lands. Park maintenance would be overseen by the
Division of Parks using Juneaus' many volunteer
organizations as a labor base. Representative Robinson
urged the Committee's support in passage of the legislation.
Representative Robinson referenced Representative Mulder's
comments regarding the letter from the Chamber of Commerce
indicating that the letter had been unknowingly released by
one employee. She stated that the Chamber of Commerce has
taken a "neutral" position on the legislation and stressed
the broad range of support of the City.
WILLIAM GARRY, SUPERINTENDENT, DIVISION OF PARKS & OUTDOOR
RECREATION, DEPARTMENT OF NATURAL RESOURCES, noted that the
Department and the Administration does support the bill.
Mr. Garry offered to answer questions of the Committee.
Representative Brown questioned the anticipated level of
management and method of payment for that service. Mr.
Garry responded that the management level would be small.
It would consist of placing signs at the boat ramp; the
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Department might develop a brochures, and the placing of
signs indicating safe places to build fires and removal of
trash on the areas most heavily used.
In response to Representative Martin, Mr. Garry noted that
the Department currently, does monitor the area maybe two
times per year for clean-up projects. Discussion followed
between Representative Martin and Mr. Garry regarding the
site management responsibilities of the islands and costs
associated with that.
(Tape Change HFC 96-128, Side 2).
Representative Mulder grilled Mr. Garry regarding the
current State park islands. Mr. Garry noted that only
Shelter Island was a State Marine Park in the Juneau area.
There are others around Admiralty Island and down Lynn
Canal. Representative Mulder asked if the Department had
been approached by other tourism groups to provide access to
Shelter Island. Mr. Garry stated that the Department had
not. In order to provide that service, the existing
management framework requires the Department to go through a
management plan. There are no preconceived notions as to
what would be appropriate. Mr. Garry noted that there is
not a management plan for Shelter Island. Representative
Mulder asserted that the Department was intentionally
locking up the islands for the exclusive use of a very few
and that he philosophically disagreed with excluding access
and enjoyment of public lands. Mr. Garry replied that there
are over six hundred permitted guides in the State parks at
this time. He stressed that one of the Departments
legislative mandates is to promote tourism and their record
strongly indicates that they have followed through with that
promotion.
Representative Robinson added that 30 thousand citizens in
Juneau will be able to use these areas if they remain as
parks. Operators believe that going through State parks
will assure that the parks will continue to exist.
Co-Chair Hanley stated that people currently have access to
the islands and that a problem does not exist at this time.
There is not an access problem and he noted concern that in
the future, there would not be the necessary flexibility for
future development. Co-Chair Hanley advised that he would
not support placing the land into a park status.
Representative Robinson pointed out that as long the lands
continue to be under the Department of Natural Resources,
the same kind of abilities and power would not exist as
there does under the State parks. Abuse has occurred on
these islands. She pleaded, in the best interest for the
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citizens of Juneau, HB 91 be passed from Committee, in as
much as it would be the best use of the islands as
recreational property.
Representative Grussendorf stated that the classification of
a marine park would define the parameters of the land. He
emphasized that the land would be protected and everyone's
best interest would be served that way.
Representative Navarre MOVED to report CS HB 91 (RES) out of
Committee with individual recommendations and with the
accompanying fiscal note. Representative Mulder OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Therriault, Brown, Grussendorf, Navarre.
OPPOSED: Kelly, Kohring, Mulder, Parnell, Hanley,
Foster.
Representative Martin was not present for the vote.
The MOTION FAILED (4-6).
HB 91 was HELD in Committee for further consideration.
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