04/01/2011 01:00 PM House RESOURCES

             HB 144-REPORT ON FISHING STREAM ACCESS                                                                         
                                                                                                                                
2:46:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON 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."                                                                                    
                                                                                                                                
2:47:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LES  GARA, Alaska  State Legislature,  stated that                                                               
the importance of  public access to fishing  streams is important                                                               
to  Alaska's  citizens  ranging from  dipnetting  to  subsistence                                                               
fishing.  Easements are granted in  some instances but not in all                                                               
cases.  As the state continues  to be developed HB 144 provides a                                                               
mechanism to encourage the Department  of Natural Resources (DNR)                                                               
to identify areas of public access  that are in jeopardy of loss.                                                               
He characterized  this bill as  a prod to the  DNR.  It  asks the                                                               
department what  it did last  year and what  it plans to  do next                                                               
year to  maintain or enhance  important public access areas.   He                                                               
pointed out that separate from this  bill would be the process to                                                               
acquire easements.   He reiterated that this bill  would prod the                                                               
department to  remember that part  of their statutory  mandate is                                                               
to  plan  and  enhance  public  access  to  fishing  streams  for                                                               
Alaska's  citizens.   The bill  is supported  by the  major sport                                                               
fishing  groups, including  the Outdoor  Council, the  Alaska Fly                                                               
Fishers,  Women's Flyfishing,  and the  Kenai River  Sportfishing                                                               
Association.                                                                                                                    
                                                                                                                                
2:49:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER,  regarding the mandate to  supply access,                                                               
asked  whether the  mandate currently  exists or  if it  is being                                                               
added.                                                                                                                          
                                                                                                                                
2:49:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  explained  a requirement  exists  for  land                                                               
disposed  after the  mid-1970s to  allow  access to  and along  a                                                               
stream.   However,  land disposed  before that  time or  in other                                                               
ways is not subject to those  rules.  He listed Montana Creek and                                                               
Willow Creek  in the Matanuska-Susitna  Valley, the  Anchor River                                                               
and Deep  Creek on  the Kenai Peninsula,  and perhaps  the Salcha                                                               
River  in Fairbanks  as important  streams to  the people  living                                                               
near them but  may not have provisions to  maintain access during                                                               
development.                                                                                                                    
                                                                                                                                
2:50:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON referred  to line 9,  of HB  144, which                                                               
read, "...detailing the department's  efforts during the previous                                                               
year  to  maintain  or  enhance   access  to  and  along  fishing                                                               
streams."  She inquired as to what "maintain" means.                                                                            
                                                                                                                                
REPRESENTATIVE  GARA answered  that maintained  means whether  an                                                               
access had been sold.                                                                                                           
                                                                                                                                
2:51:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  referred to  page 1,  line 8, of  HB 144  to the                                                               
language "report."   He inquired as to whether  the sponsor would                                                               
oppose  deleting  "a  report"  and   insert,  "and  post  on  the                                                               
department's Internet website, an electronic report."                                                                           
                                                                                                                                
REPRESENTATIVE  GARA  answered  that  he  would  not  object  and                                                               
suggested an e-mail notification be  sent to all legislators.  He                                                               
understood the need to save paper.                                                                                              
                                                                                                                                
CO-CHAIR  SEATON   related  his  understanding   that  electronic                                                               
reporting would be acceptable to the bill's sponsor.                                                                            
                                                                                                                                
2:52:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON opened public testimony on HB 144.                                                                              
                                                                                                                                
2:52:19 PM                                                                                                                    
                                                                                                                                
RICKY  GEASE,   Executive  Director,  Kenai   River  Sportfishing                                                               
Association,   stated   that   the   Kenai   River   Sportfishing                                                               
Association (KRSA)  is a non-profit  501 (c)3 organization.   One                                                               
of  the  program  areas entails  habitat  protection  and  angler                                                               
access to fishing  streams across Alaska.  He  offered his belief                                                               
that HB  144 was really a  simple bill and requires  that the DNR                                                               
report.   The KRSA fully supports  this bill.  He  further stated                                                               
that the sport fishing community supports the bill.                                                                             
                                                                                                                                
2:53:12 PM                                                                                                                    
                                                                                                                                
ROBERT  CHURCHILL,  Member,  Anchorage  Fish  and  Game  Advisory                                                               
Committee, stated  that he has  served on the Anchorage  Fish and                                                               
Game Advisory Committee as well  as the Alaska Department of Fish                                                               
and Game.  He  previously served a term on the  Board of Game and                                                               
as President of the Alaska Fly  Fishers on several occasions.  He                                                               
has  had contact  with many  Alaskans.   He expressed  concern to                                                               
maintain  public   access,  which   has  become  more   and  more                                                               
restricted in the  Lower 48.  He reviewed  some previous research                                                               
done by the  Institute of Social and Economic  Research (ISER) in                                                               
1999.   He stated that the  industry was a $540  million industry                                                               
when the population  was 630,000.  Since then  the population has                                                               
grown to  710,000, or a 15  percent increase.  He  indicated that                                                               
public  access  is  important  in   all  forums,  whether  it  is                                                               
subsistence,  sport fish,  or photographers.  He reiterated  that                                                               
public access  is a  critical concern.   He concluded  that every                                                               
organization  that he  has contacted  has been  extremely excited                                                               
about this  bill as it  would reduce  user conflict.   He pointed                                                               
out  that streams  are  more  and more  crowded.   He  encouraged                                                               
passage of  the bill.   As Mr. Fogels  has testified this  can be                                                               
done without cost to the state, he said.                                                                                        
                                                                                                                                
2:55:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON,  after first determining  no one else  wished to                                                               
testify, closed public testimony on HB 144.                                                                                     
                                                                                                                                
2:55:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON made a motion  to adopt a Conceptual Amendment 1,                                                               
labeled 27-LS0220\B1, Kane, 3/29/11, which read as follows                                                                      
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "a report"                                                                                                     
          Insert ", and post on the department's Internet                                                                       
     website, an electronic report"                                                                                             
                                                                                                                                
He explained that this amendment is a conceptual amendment to                                                                   
ensure that the legislators and governors receive the report                                                                    
electronically, as well as it being posted to the website.                                                                      
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
REPRESENTATIVE MUNOZ expressed her support for HB 144.                                                                          
                                                                                                                                
2:57:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ moved  to report HB 144, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  notes. There being  no objection, the  CSHB 144(RES)                                                               
was reported from the House Resources Standing Committee.