Legislature(2011 - 2012)CAPITOL 120
02/24/2011 05:00 PM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Alaska Commercial Fishing Harvest Sector | |
| HB121 | |
| HB144 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 144 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 121 | TELECONFERENCED | |
HB 144-REPORT ON FISHING STREAM ACCESS
5:49:09 PM
CHAIR THOMPSON announced that the final order of business would
be HOUSE BILL NO. 144, "An Act requiring the Department of
Natural Resources annually to deliver to the legislature and the
governor a report on fishing stream access."
5:49:20 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, speaking as
the prime sponsor, introduced HB 144, stating that it directs
the Department of Natural Resources (DNR) to provide the
legislature with assessments of public access and in the process
scrutinize, and identify fishing streams that may require
easement negotiations.
5:52:43 PM
REPRESENTATIVE AUSTERMAN clarified that the bill requires the
department to provide a report, but does not require action be
taken regarding access to fishing streams.
REPRESENTATIVE GARA explained that it is a request to have the
department report on whatever plans exist for maintenance and
enhancement of public access. Basically, it is a gentle prod to
the agency to perform a statutory duty.
REPRESENTATIVE AUSTERMAN opined that the bill should contain a
request to have the department identify areas of concern,
regarding stream access, and purchase private property where
applicable. He noted that the Copper River area is of
particular concern.
REPRESENTATIVE GARA said the intention of the bill is stated on
page 1, line 11, and paraphrased the language, which read:
(2) stating the department's objectives for enhancing
and maintaining access to and along fishing streams by
the public in the upcoming year.
REPRESENTATIVE GARA stated that the department is currently
authorized to make easement purchases; however, a previous bill,
which mandated that the department negotiate access acquisition
proved to be too cumbersome. The goal is the purchase of
easements, and some lands are covered by the 1970 law which
requires DNR to maintain public easements along, and to, rivers;
however, a significant category of land is not included, such as
the Alaska National Interest Lands Conservation Act (ANILCA)
disbursements.
5:56:20 PM
CHAIR THOMPSON asked how much right-of-way is allowed along a
river between the high watermark and the bank.
REPRESENTATIVE GARA responded that HB 144 does not contain a
mandated measure, and he deferred to the department to comment
on the existing law.
5:56:50 PM
ED FOGELS, Deputy Commissioner, Department of Natural Resources
(DNR), said that the 1970 "too and along" statute allows a 50
foot easement, and said that parcels exist without specified
easements.
5:57:37 PM
REPRESENTATIVE AUSTERMAN questioned the use of the term
"enhancing" and what meaning it conveys to the department.
MR. FOGELS stated his understanding that enhancing connotes an
action for purchase, acquisition, and negotiation of easements.
5:58:59 PM
MARK HUBER, President, Alaska Fly Fishers, stated support for HB
144, indicating that the bill will benefit all Alaskans who
desire to gain access to fishing resources. He reported that
stream access has been an issue throughout the western states,
and has resulted in court battles, some of which have progressed
to the U.S. Supreme Court. The bill is a pro active step to
provide stream access, at no additional cost to the state.
6:01:16 PM
REPRESENTATIVE JOHNSON asked for the department's position on HB
144.
MR. FOGELS replied that DNR has not taken an official position.
In response to a committee member, Mr. Fogels said the reporting
costs will not be significant, hence the zero fiscal note.
6:03:29 PM
REPRESENTATIVE AUSTERMAN noted that access enhancement may
include the purchase of land, and questioned the zero fiscal
note.
REPRESENTATIVE GARA clarified that the bill requests the
department to identify access areas. However, if a purchase is
necessary to ensure that access, a request will be brought
before the legislature for approval and funding.
CHAIR THOMPSON closed public testimony.
6:05:03 PM
REPRESENTATIVE JOHNSON pointed out the letters of support in the
committee packet.
REPRESENTATIVE GARA highlighted the written endorsement from the
Kenai River Sportfishing Association.
6:06:16 PM
REPRESENTATIVE JOHNSON moved to report HB 144 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection HB 144 was reported from the
House Special Committee on Fisheries.