02/15/2005 01:30 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| SB85 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 40 | TELECONFERENCED | |
| += | SB 85 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
February 15, 2005
1:32 p.m.
MEMBERS PRESENT
Senator Charlie Huggins, Chair
Senator John Cowdery, Vice Chair
Senator Gene Therriault
Senator Albert Kookesh
Senator Hollis French
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Senator Donny Olson
Senator Ralph Seekins
COMMITTEE CALENDAR
SENATE BILL NO. 85
"An Act repealing the ban on the use of certain off-road
vehicles within five miles of the right-of-way of the James
Dalton Highway; and providing for an effective date."
HEARD AND HELD
SENATE BILL NO. 40
"An Act relating to the establishment of the Kuskokwim Port
Authority; and providing for an effective date."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 85
SHORT TITLE: OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
SPONSOR(s): SENATOR(s) SEEKINS
01/31/05 (S) READ THE FIRST TIME - REFERRALS
01/31/05 (S) TRA, RES
02/08/05 (H) TRA AT 1:30 PM CAPITOL 17
02/08/05 (S) Scheduled But Not Heard
02/15/05 (S) TRA AT 1:30 PM BUTROVICH 205
BILL: SB 40
SHORT TITLE: KUSKOKWIM PORT AUTHORITY
SPONSOR(s): SENATOR(s) COWDERY, HOFFMAN
01/11/05 (S) PREFILE RELEASED 1/07/05
01/11/05 (S) READ THE FIRST TIME - REFERRALS
01/11/05 (S) TRA, FIN
02/03/05 (S) TRA AT 1:30 PM BUTROVICH 205
02/03/05 (S) <Bill Hearing Postponed to 02/08/05>
02/08/05 (H) TRA AT 1:30 PM CAPITOL 17
02/08/05 (S) Heard & Held
02/08/05 (S) MINUTE(TRA)
02/15/05 (S) TRA AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
Senator Ralph Seekins
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 85
Mr. Brian Hove, Legislative Aide
Staff to Senator Seekins
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 85
Mr. Tom Scarborough
Fairbanks, AK
POSITION STATEMENT: Testified in support of SB 85
Mr. Cal Skaugstad
Fairbanks, AK
POSITION STATEMENT: Testified in support of SB 85
Mr. David Stoller
Fairbanks, AK
POSITION STATEMENT: Testified in support of SB 85
Mr. Bill Larry
Fairbanks, AK
POSITION STATEMENT: Testified in support of SB 85
Mr. Mike Tinker
Fairbanks, AK
POSITION STATEMENT: Testified in support of SB 85
Mr. Paul Hugo
Anaktuvik, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Brian Barnes, director
Institute of Biology
Fairbanks, AK
POSITION STATEMENT: Commented on SB 85
Mr. Mike Thompson
Department of Natural Resources
400 Willoughby Ave.
Juneau, AK 99801-1724
POSITION STATEMENT: Neutral on SB 85
Mr. Paul Carr, Chief of Police
Barrow, AK
POSITION STATEMENT: Commented on SB 85
ACTION NARRATIVE
CHAIR CHARLIE HUGGINS called the Senate Transportation Standing
Committee meeting to order at 1:32:09 PM. Present were Senators
Hollis French, John Cowdery, Donnie Olson, and Chair Charlie
Huggins.
SB 85-OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
1:33:04 PM
SENATOR RALPH SEEKINS introduced SB 85. A substantial portion of
Alaska's landmass lies close to the James Dalton Highway.
Current law bans the use of off-road vehicles within five miles
of the right-of-way, starting at mile 57. The law essentially
prohibits access for average Alaskans to recreate on tens of
millions of acres of public lands. A removal of the ban would
clear the way for development of cabins, trails, and
campgrounds. These could all be built while protecting sensitive
areas. The Bureau of Land Management (BLM) already has some
accommodations in place for the public.
1:35:25 PM
Senator Albert Kookesh joined the committee.
Continued prohibition of off road vehicles will only foster an
increasingly untenable situation. Dropping the ban would allow
state agencies to continue doing valuable research work without
violating state law.
Senator Seekins referred to a map of the area in question and
pointed out several areas of reference.
1:38:42 PM
SENATOR JOHN COWDERY asked the rules for people trapping and
hunting in the area.
SENATOR SEEKINS advised there are current restrictions of high-
powered rifles near the pipeline. Hunting takes effort because
of the motorized vehicle restrictions. The BLM would protect the
wildlife from over harvest.
SENATOR COWDERY asked whether subsistence people have access to
the corridor.
SENATOR SEEKINS said under current law, no. They have to start
outside the five-mile corridor.
SENATOR COWDERY asked Senator Seekins to explain "outside."
SENATOR SEEKINS advised there is a five-mile corridor that is
against the law to cross.
1:40:31 PM
SENATOR SEEKINS added a person is not allowed to go anywhere
within the five-mile corridor boundary beginning at the road. A
person has to live outside the area in order to go thru the
area.
1:42:29 PM
Senator Seekins presented a Powerpoint slide presentation: The
presentation was a series of photographs taken along the James
Dalton Highway. Slides included photos of people recreating:
tourists, cyclists, campers, buses, visitor centers, etc. No
winter slides were on the presentation, however reference was
made to heavy use by snowmachiners. The pipeline was visible in
many roadside slides.
1:55:02 PM
End of slide presentation. Senator Seekins referred back to the
map.
Some parts of the area are environmentally sensitive and are
research areas. SB 85 would not harm those projects. Landowners
would put into process restrictions and allow for reasonable
access to public lands.
1:57:15 PM
SENATOR SEEKINS explained the map of the James Dalton Highway.
CHAIR HUGGINS explained for those who couldn't see the map, BLM
is the owner of the land in the corridor.
SENATOR SEEKINS agreed but said there are some private lands and
small Native allotments as well.
2:00:56 PM
SENATOR HOLLIS FRENCH asked the original rationale for the ban.
SENATOR SEEKINS responded fighting over lands propelled the
state to try to accommodate everyone and still have a corridor.
With planning wildlife concerns could be easily addressed.
SENATOR FRENCH asked whether SB 85 would change the rules
regarding access to the Arctic National Park.
SENATOR SEEKINS said no.
CHAIR HUGGINS noted at one time the James Dalton Highway was
closed.
SENATOR SEEKINS affirmed it used to be a private road closed to
public access without a permit.
2:03:36 PM
CHAIR HUGGINS asked whether the committee should be aware of any
entrepreneurship issues.
SENATOR SEEKINS said there is a burden on Alyeska Pipeline
Service Company because of their good neighbor policy.
CHAIR HUGGINS asked Senator Seekins whether he was representing
any special interest groups.
SENATOR SEEKINS said no. He represents access for all.
2:07:11 PM
CHAIR HUGGINS asked whether there was access to the area for
handicapped people.
SENATOR SEEKINS said no.
SENATOR FRENCH noted arguments against the bill concern
wildlife. He asked Senator Seekins to respond to those concerns.
SENATOR SEEKINS said the Board of Game agrees if the road were
opened they would look at suggestions regarding game
populations.
2:09:28 PM
SENATOR SEEKINS asserted the Department of Fish and Wildlife
(DFW) anticipates no problems addressing concerns.
SENATOR FRENCH asked whether the DFW would overlay their own
restrictions on the area.
SENATOR SEEKINS said yes, through the public process.
2:10:51 PM
SENATOR SEEKINS referred back to the map and claimed caribou are
thriving but the Board of Game would craft limits on hunting.
2:13:27 PM
SENATOR DONNY OLSON asked Senator Seekins whether he was
considering Native lands to be private.
SENATOR SEEKINS said yes.
SENATOR OLSON noted there was no fiscal note yet there would be
increased traffic, increased road maintenance, as well as
increased cost to law enforcement and fish and game personnel.
SENATOR SEEKINS advised that has been taken into consideration.
The road maintenance is kept up to supply oil fields on the
North Slope. It is difficult to determine how many people would
use the road when it's opened up.
2:16:11 PM
SENATOR SEEKINS asserted it would not be a huge impact. There
probably would be a fiscal impact but it is indeterminate.
Senator Therriault joined the committee.
SENATOR SEEKINS added the Department of Public Safety determined
there would be no great impact initially.
2:19:40 PM
MR. TOM SCARBOROUGH, Fairbanks, testified in support of SB 85.
MR. CAL SKAUGSTAD, Fairbanks, testified in Support of SB 85.
2:21:01 PM
MR. DAVID STOLLER, Fairbanks, testified in support of SB 85.
2:24:00 PM
SENATOR GENE THERRIAULT asked Mr. Stoller whether the Board of
Game manages resources within the corridor.
MR. STOLLER replied yes. Currently the regulations do not allow
use of off road vehicles to transport game or hunters through
the corridor.
SENATOR THERRIAULT asked whether he had first hand experience
hunting outside the corridor and having to pack the game five
miles.
MR. STOLLER said he has hunted there but has yet to bag game.
MR. BILL LARRY, Alaska Trailblazers, Alaska Snowmobile
Association, testified in support of SB 85.
MR. MIKE TINKER, Fairbanks Advisory Committee, testified he has
helped the Board of Game work with subsistence folks. Access to
the corridor has been an issue for years. He expressed support
for the bill.
2:30:24 PM
SENATOR OLSON asked Mr. Tinker the ability of the state to
respond to pipeline vandalism.
MR. TINKER responded the oil spill contingency plan is in place
but it is not an issue within the corridor.
2:33:08 PM
MR. BRIAN BARNES, director, University of Alaska Fairbanks,
Institute of Biology, testified about his concerns of off roads
vehicles on the road near the research station where there is a
30-year history of scientific research. The Arctic ecosystems
are known to be world class. There are 350 scientists performing
eight million dollars worth of research annually on 78,000 acres
of critically sensitive lands. Off road use in the area could
compromise the research station. He urged the committee to
consider restrictions between milepost 275-300 to snow machines
only by permit.
2:38:22 PM
SENATOR OLSON asked Mr. Barnes whether he had proof of
compromise to the area.
MR. BARNES informed research papers show the affects of ATVs
(all terrain vehicles) on tundra by production of dust and
sediment in the waters. He offered to provide research to the
committee.
SENATOR OLSON asked the kinds of fish that inhabit the rivers.
MR. BARNES said grayling, char, and lake trout.
2:40:22 PM
CHAIR HUGGINS asked the number of ATVs the research station has.
MR. BARNES said none for use off road. They have one for use
from building to building.
CHAIR HUGGINS asked the distance between buildings.
MR. BARNES said the research station pad is twelve acres.
CHAIR HUGGINS asked the number of automobiles at the research
station.
MR. BARNES responded there were a dozen.
2:41:44 PM
CHAIR HUGGINS asked the number of snow machines.
MR. BARNES said four.
CHAIR HUGGINS asked Mr. Barnes whether he opposes or supports SB
85.
MR. BARNES responded he would support it if he were able to
participate on the bill and provide some restrictions.
2:43:23 PM
MR. PAUL HUGO, Anaktuvuk, testified in opposition to ATV usage.
He urged the committee to have public hearings in the affected
areas. Passage of SB 85 would affect subsistence living and have
a negative impact on the wildlife. The state should consider the
best interest of the people in the region. SB 85 would only
benefit people from outside the area.
2:46:29 PM
CHAIR HUGGINS asked Mr. Hugo whether he was concerned about
people outside of Alaska accessing the land.
MR. HUGO said yes.
CHAIR HUGGINS asked Mr. Hugo if he understood the lands were
public.
MR. HUGO reminded him there were also Native allotments.
2:48:34 PM
CHAIR HUGGINS informed him the proposal is to have a 12-month
window to shape the usage areas, putting in some restrictions
and prohibitions.
MR. HUGO maintained his opposition to SB 85.
SENATOR COWDERY asked Mr. Hugo the number of animals his
community takes each year.
MR. HUGO answered over one thousand.
CHAIR HUGGINS asked the amount of trapping that goes on.
MR. HUGO said lately people have been catching wolves and
wolverines. They are conscious and sensitive to the wildlife,
looking out for pregnant female wolves and the like.
2:52:57 PM
MR. MIKE THOMPSON, Department of Natural Resources, (DNR), state
pipeline coordinators office commented they were neutral on the
bill.
CHAIR HUGGINS asked Mr. Thompson whether the previous
conversations were accurate in the description of the corridor
and history of the lands.
MR. THOMPSON responded the DNR has no position on SB 85. Senator
Seekins' testimony is accurate.
SENATOR THERRIAULT asked Mr. Thompson whether the DNR has any
concern regarding access to the pipeline.
2:55:38 PM
MR. THOMPSON responded the DNR has worked with Alyeska pipeline
to provide public access to certain areas. Issues have been
discussed.
MR. PAUL CARR, chief of police, North Slope Borough, testified
his concern there was no definition of "off road vehicle."
CHAIR HUGGINS held 85 in committee. There being no further
business to come before the committee, he adjourned the meeting
at 3:00:58 PM.
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