Legislature(1997 - 1998)
01/23/1997 03:32 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 35 MANAGEMENT OF PARKS & RECREATIONAL AREAS
JANE WINEGAR , legislative aide to Senator Green, sponsor of SB 35,
stated SB 35 is a citizens' access bill. SB 35 is identical to SB
230, except for the removal of the Denali Park issue. It passed
the Senate 17-3 and the House 33-7 during the Nineteenth
Legislature but was vetoed by Governor Knowles. SB 35 addresses
citizens' concerns about access on state lands and waters for
recreational uses. The State of Alaska mandates that all closures
over 640 acres be legislatively designated. Lands under that
acreage are designated without the representation of Alaskans. The
Division of Parks has chosen to close areas to recreational access
without notification or proper justification. SB 35 would require
the Division of Lands to provide to the Legislature an annual
report describing how all state lands are being designated.
SENATOR MACKIE asked for an explanation of the changes being made
to Chilkat State Park under SB 35.
Number 352
KEN ERICKSON , former staffer to Senator Pearce, explained Section
3 of SB 35 adds slightly less than three acres of land to Chilkat
State Park. That land was purchased with federal funds by DNR in
the late 1970's, then transferred to the Division of Parks with
ILMAs (Interagency Land Management Agreements). That acreage
requires management under Chilkat State Land Authority (AS
41.21.110-113) because it was purchased with federal funds. SB 35
mandates that land acquired by the Division of Parks via ILMA be
managed under a different statute. DNR is thus faced with
purchasing similar land at 1997 prices, or adding the affected land
to the park itself. SB 35 resolves that dilemma by statutorily
adding the affected land to the park.
SENATOR MACKIE asked whether the expansion of Chilkat State Park
was requested by DNR. MR. ERICKSON replied it was requested by the
Division of Parks.
Number 367
JIM STRATTON , director of the Division of Parks and Outdoor
Recreation, DNR, testified via teleconference, stating the Division
is not opposed to the intent of SB 35, specifically the reporting
language, however it is concerned that Section 2 could be
interpreted to only allow legislatively established parks to become
part of the park system. This would essentially "de-park" about 80
ILMA established units in the park system. All 80 units are less
than 640 acres; they average about 87 acres each. These ILMA units
are primarily road accessible campgrounds, fishing access areas,
parking lots, trailheads, boat launch ramps, picnic areas and other
roadside recreational or park attractions. It is important these
units remain part of the park system because park system
regulations allow for the collection of fees which accounts for
about 40 percent of the Division of Parks' budget. He submitted an
amendment to Senator Green's staff which rewords that section to
clarify the intent of Section 2. The Division of Parks is further
concerned there are three legislatively created units in the park
system, Chugach State Park, Kenai River Special Management Area,
and Point Bridgette State Park, whose enabling legislation
specifically allows for administrative expansion. While SB 35 does
not specifically remove that authority, it clouds it.
SENATOR MACKIE requested a copy of Mr. Stratton's proposed
amendment.
CHAIRMAN GREEN asked Mr. Stratton to read the proposed amendment.
MR. STRATTON stated his proposed amendment would completely replace
Section 2 as follows:
Notwithstanding (a)(3) of this section, the department may not
administratively expand the boundaries of those parks, areas,
and preserves legislatively established under AS 41.21.110-
41.21.630, except for those parks which specifically allow for
such expansion under AS 41.21.110-41.21.630.
CHAIRMAN GREEN stated she did not intend to offer the proposed
amendment.
Number 419
SENATOR DUNCAN asked if Mr. Stratton's first concern is that even
though language in the enabling legislation of the three parks
allows for administrative expansion, that expansion might be
prohibited under SB 35. MR. STRATTON replied affirmatively.
SENATOR DUNCAN asked if Mr. Stratton's second concern was that SB
35 might prohibit the collection of user fees on the smaller units
managed by the Division of Parks. MR. STRATTON replied
affirmatively, and explained Section 2 could be interpreted as
preventing the Division of Lands from managing any unit of the park
system if the land was not legislatively designated as such. Since
most roadside areas are administratively created, they would drop
out of the park system and no longer be under the jurisdiction of
park regulations governing fees.
SENATOR DUNCAN asked if those two concerns lead to the veto of the
legislation last year. MR. STRATTON replied affirmatively.
SENATOR DUNCAN asked Senator Green why the Legislature would want
to take action that could jeopardize the state's ability to collect
user fees that support the Division of Parks' budget and allow for
better management.
CHAIRMAN GREEN responded she understood the veto language pertained
to Sections 4-5 in SB 230, which dealt with Denali Park. Those two
sections have been omitted from SB 35. Additionally, there is a
question as to whether the Division of Parks' concerns are as
legitimate as proposed.
Number 443
SENATOR MACKIE believed the Division of Parks' suggestions to be
reasonable, especially if the inclusion of those suggestions might
prevent another veto. He asked for clarification of any problems
associated with the proposed amendment.
MR. ERICKSON reviewed action taken on SB 230 at this time last
year. One of the primary reasons for introduction of SB 230 was an
administrative closure at Blair Lake. The closure upset many user
groups in that area. That parcel of land is an ILMA: it is less
than 640 acres. Under existing statute, the director can
independently determine what happens on that parcel. By requiring
future actions on ILMA's to undergo some sort of scrutiny,
legislative review will occur. That is the question central to SB
35.
SENATOR MACKIE asked if a boat launch existed in the middle of a
park, but was not part of the park, the Division of Parks could
close the boat ramp even though it is not an official part of the
park under current law. MR. ERICKSON replied if the park is under
640 acres, the Division of Parks could do so.
Number 471
MR. STRATTON clarified if the boat launch is not part of the park,
but is on other state land, the Division of Parks would have no
authority over the boat launch. He explained Blair Lake was added
to Denali Park via an ILMA. The previous Legislature's concern
centered on the expansion of Denali Park because regulations
governing Denali Park then applied to Blair Lake. He understood
the intent of Section 2 of SB 35 to be to prevent the Division of
Parks from taking that sort of action again. Eight or nine park
units exist that do not have statutory language addressing the
issue of expansion. Several units have language specifically
prohibiting expansion and three specifically allow for expansion.
His intent in offering the proposed amendment is to clarify the
specific prohibitions so that the Division's ability to manage
other units by themselves is not clouded, such as an 80 acre unit
along the highway not attached to a legislatively created unit.
SENATOR MACKIE asked why Section 2 of SB 35 would create a problem
for the Division of Parks if it makes no changes to current
practices. MR. STRATTON repeated Section 2 could be interpreted to
mean if there is a boat launch ramp not anywhere near an existing
park, and the boat launch ramp is transferred to the Division
through an ILMA, it would become a unit of the park system.
SENATOR MACKIE did not believe the proposed amendment adequately
addresses the problem, and suggested drafting a new section for the
sponsor's review. MR. STRATTON clarified he is concerned the
restriction in Section 2 would spread beyond the ILMAs not
connected to legislatively created parks. He understood the intent
of Section 2 was to prevent the Division from taking something the
Legislature had created and expanding it. His concern is that
Section 2 will apply to roadside units that are part of the park
system, but will require legislative action in the future.
SENATOR GREEN questioned whether the problem is a matter of
semantics. MR. STRATTON believed it is and noted he and Mr.
Erickson agreed on the intent of the language in SB 230, however
a different legal interpretation triggered the veto. He offered to
work with staff on the proposed amendment. SENATOR GREEN agreed.
Number 515
CHAIRMAN GREEN took teleconference testimony on SB 35.
SUSAN OLSON testified in opposition to SB 35, in particular to the
definitions included in the bill. She questioned who would
determine what "historical" means, and what a "proper pattern of
use" is. SB 35 is an attempt at micro-management by the
Legislature, and will not provide for an appropriate method of
dealing with user conflicts.
ELIZABETH HATTON agreed with Ms. Olson's testimony and added parks
should be managed in the public interest, which includes many
interests. An Economic Development Council study found only 12
percent of Anchorage householders use snow machines, and that 80+
percent seek quiet parks recreation. SB 35 is directed at the 12
percent of users; not the general public.
Number 553
LYNN LEVENGOOD discussed a recent attempt by the Division of Parks
to adopt regulations to establish exclusive use areas for elitist
user groups, even though other uses were not harmful to the
resource. Those regulations were withdrawn due to public input.
Multiple use should be allowed; creating exclusive zones divides
Alaskans. He asked the committee to delete subsection (7) on page
2 because it would allow BLM employees to search and seize on and
off federal lands.
ROY BURKHART , a board member of the Alaska Boating Association,
spoke in support of SB 35. He asked the committee to request, from
the Division of Parks, the number of acres and miles of waterways
motorized users are restricted from using, and vice versa. Park
lands are not allocated equally among motorized and non-motorized
users. Non-motorized users have access to motorized areas, yet
motorized users cannot use non-motorized areas.
TAPE 97-1, SIDE B
Number 00
STEVE MORGHEIM , Executive Director of the Alaska Marine Netters
Association, testified in support of SB 35. He has found Jim
Stratton willing to reach out to motorized users to find out what
they want. Extra pressure on the resource has created a situation
of regulation by lock-up. The Division of Parks' budget continues
to be cut which makes decisions even harder to make. SB 35 will
instill confidence in the public by ensuring their voices will be
heard. Passage of SB 35 will help to create a win-win situation.
LEONARD HAIRE , President of the Mat-Su Chapter of the Alaska
Boating Association, testified in favor of SB 35.
DAN ELLIOTT , President of the Mat-Su State Park Citizen Advisory
Board, believed SB 35 will create unnecessary paperwork. He
questioned how traditional uses will be determined.
BILL HAGAR testified in support of SB 35.
Number 528
JANE ANGVIK , Director of the Division of Lands, concurred with Jim
Stratton's comments on behalf of DNR.
SENATOR MACKIE asked if DNR's concern is not with the intent of SB
35, but with some of the technical language in the bill, and
whether that concern could be easily addressed during the committee
process. MS. ANGVIK replied affirmatively.
CLIFF EAMES, Alaska Center for the Environment (ACE), testified in
opposition to Section 1 of SB 35 because of its intent to favor
motorized users over other users. Serious conflicts developed
among Eagle River residents who are seriously concerned about a new
snow machine trail in that area, and a proposed snow machine
corridor between Anchorage and Eagle River. Areas with significant
motorized use have already been effectively zoned or allocated as
such because motorized use displaces many people who are seeking a
quiet experience.
CRAIG LYON, special assistant to the Resource Development Council
(RDC), testified in strong support of SB 35. Access to Alaska's
vast lands is a major priority for RDC.
DON SHERWOOD , President of the Alaska Boating Association (ABA),
testified in support of SB 35 as it will provide DNR with a guide
to follow. He suggested adding the language "complete all new
existing parks and special management areas" to subsection (14) on
page 3. ABA is tired of management's stand against motorized
users, even though no scientific data proves motorized vehicles are
harmful in park areas.
Number 485
SENATOR TAYLOR , District A, requested committee members to resist
the portion of DNR's proposed amendment which pertains to the thre
specific parks that were legislatively designated. In creating
those parks, the Legislature gave a blank check to the
Administration to expand those parks at any time, with no
parameters. That blank check needs to be cancelled. Any new state
parks should be created by the Legislature rather than by
bureaucrats. He questioned Mr. Stratton's opinion that SB 35 will
preclude DNR from collecting fees on administratively created areas
and suggested obtaining a legal opinion. He believed such a
problem, if it exists, could be cleaned up with a minor technical
change. He advised the committee to adopt the amendment suggested
by Mr. Levengood which would delete the section providing for
cooperation with the U.S. government and its agencies since the
U.S. Government has proposed regulations providing federal
enforcement officers with search and seizure opportunities on non-
federal park areas, such as state parks.
SENATOR TAYLOR noted his surprise at opposition to SB 35 since it
only requires the Division of Parks to provide the Legislature with
a report. SB 35 would still allow the Division of Parks to
continue to take action with no public input: it does require those
actions to be reported to the Legislature. He suggested rewriting
subsection (14) on page 3 to allow any such actions by the Division
of Parks to exist only until the next legislative session, at which
time those actions could be affirmed by the Legislature within 60
days.
SENATOR TAYLOR proposed an amendment to prevent closure of park
lands to motorized uses by the Department of Fish and Game unless
DFG can prove those uses are causing significant biological harm to
wildlife. The amendment (#1) reads as follows:
Page 1, line 1, following "Act" :
Insert " relating to the means of transportation used to
provide access for the taking of game; "
Page 1, following line 7:
Insert a new bill section to read:
" *Section 1. AS 16.05.255(a) is amended to read:
(a) The Board of Game may adopt regulations it considers
advisable in accordance with AS 44.62 (Administrative Procedure
Act) for
(1) setting apart game reserve areas, refuges, and
sanctuaries in the water or on the land of the state over which it
has jurisdiction, subject to the approval of the legislature;
(2) establishing open and closed seasons and areas
for the taking of game;
(3) establishing the means and methods employed in
the pursuit, capture, taking, and transport of game, including
regulations, consistent with resource conservation and development
goals, establishing means and methods that may be employed by
persons with physical disabilities; however, the board may not
prohibit or restrict access into an area by a means of
transportation that has historically been used in that area unless
the board finds, based on clear and convincing evidence, that the
means of transportation has resulted in significant biological harm
to the game population for which the means of transportation is
being used;"
(4) setting quotas, bag limits harvest levels, and
sex, age, and size limitations on the taking of game;
(5) classifying game as game birds, song birds, big
game animals, fur bearing animals, predators, or other categories;
(6) methods, means, and harvest levels necessary to
control predation and competitions among game in the state;
(7) watershed and habitat improvement, and
management, conservation, protection, use, disposal, propagation,
and stocking of game;
(8) prohibiting the live capture, possession,
transport, or release of native or exotic game or their eggs;
(9) establishing the times and dates during which
the issuance of game licenses, permits, and registrations and the
transfer of permits and registrations between registration areas
and game management units or subunits is allowed;
(10) regulating sport hunting and subsistence
hunting as needed for the conservation, development, and
utilization of game;
(11) taking game to ensure public safety."
Page 1, line 8:
Delete " Section 1."
Insert " Sec.2. "
Renumber the following bill sections accordingly.
Number 402
SENATOR MILLER moved adoption of Amendment #1.
SENATOR DUNCAN asked Mr. Stratton if he had seen Amendment #1. Mr.
Stratton responded most of the areas that come to the Division of
Parks administratively are under 100 acres in size. Those areas
are added to the parks for recreational development opportunities.
The closures that occur are not for biological reasons, they are
for public safety reasons. For example, dirt bikes might be
prohibited in picnic areas except on roadways.
SENATOR TAYLOR clarified Amendment #1 only relates to the Board of
Game under Title 16; it does not relate to the Division of Parks at
all.
SENATOR DUNCAN noted he asked the wrong person the right question.
He asked whether there was anyone in the audience who could respond
to his question. SENATOR TAYLOR offered to answer.
Number 392
SENATOR DUNCAN cautioned Senator Green, as sponsor of SB 35, that
SB 35 could probably survive as written, but may not if many
changes are made. CHAIRMAN GREEN thanked Senator Duncan for his
advice.
SENATOR MACKIE asked if there are many incidences in the past where
the Board of Game has restricted access, or whether his intent is
to prevent such occurrences in the future. SENATOR TAYLOR replied
there are many instances where the Board of Game has restricted
access to vast areas without any biological basis. Amendment #1
establishes the biological basis to be used.
SENATOR MACKIE asked if the Board of Game can close areas in a
state park. SENATOR TAYLOR responded the Board of Game can
restrict methods and means of access, such as snowmachines and
four-wheelers. Under Amendment #1, the Board of Game could only
restrict access if a legitimate biological reason exists.
CHAIRMAN GREEN asked if there was continued objection to Amendment
DFG. He repeated his concern SB 35 might get bogged down with the
amendment. There being no further objection to the adoption of
Amendment #1, it was adopted.
SENATOR WARD moved SB 35am with accompanying fiscal notes out of
committee with individual recommendations. There being no
objection, the motion carried.
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