Legislature(2005 - 2006)CAPITOL 124

04/15/2005 08:30 AM House FISHERIES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 218 PRIVATE HATCHERY COST RECOVERY FISHERIES
Moved CSHB 218(FSH) Out of Committee
= HB 37 PUBLIC ACCESS TO FISHING STREAMS
Moved CSHB 37(FSH) Out of Committee
HB  37-PUBLIC ACCESS TO FISHING STREAMS                                                                                       
                                                                                                                                
8:41:49 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS announced that the  first order of business would                                                               
be  HOUSE BILL  NO.  37, "An  Act relating  to  public access  to                                                               
fishing streams."                                                                                                               
                                                                                                                                
CO-CHAIR LEDOUX moved  to adopt committee substitute  for HB 218,                                                               
Version   24-LS0284\I,  Bullock,   4/14/05.     There  being   no                                                               
objection, Version I was before the committee.                                                                                  
                                                                                                                                
8:42:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LES GARA,  Alaska State  Legislature, as  sponsor                                                               
explained  that Version  I has  a few  changes from  the original                                                               
bill.  First,  the title on page  1, line 1 was  changed in order                                                               
to clarify  that the bill  only applied to voluntary  land trades                                                               
and purchases.   Second, page 1, lines 7-9 were  added to further                                                               
clarify  that that  this would  be a  voluntary program.   Third,                                                               
subsection  (c)  from the  original  bill,  regarding sale  price                                                               
negotiations  "without regard  to the  fair market  value of  the                                                               
land or  easement" was  deleted in Version  I.   Fourth, language                                                               
was  added on  page  4, lines  9-10, which  says,  "The right  of                                                               
eminent domain may  not be exercised to acquire  land or interest                                                               
in land under  this section."  Lastly, lines 20-23  were added on                                                               
page 4, which say:                                                                                                              
                                                                                                                                
     Within 60  days after receiving a  written request from                                                                    
     a landowner  requesting the removal of  the landowner's                                                                    
     land from the  list to be acquired under  the plan, the                                                                    
     commissioner  shall remove  the  landowner's land  from                                                                    
     the  list, even  if the  removal leaves  less than  two                                                                    
     meander miles along fishing streams.                                                                                       
                                                                                                                                
8:43:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS  commented  that  HB  218  works  well  in                                                               
conjunction with  HB 252,  which would  fund the  construction of                                                               
new hatcheries.  He said, "It  doesn't make much sense to produce                                                               
more fish and not take some  effort to try to allow people access                                                               
to the waters where the fish are going to be planted."                                                                          
                                                                                                                                
8:44:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX pointed  out that on her copy  of the bill,                                                               
someone had crossed  out the word "shall" and  handwrote the word                                                               
"must" on page 5, line 2.  She asked why this was so.                                                                           
                                                                                                                                
REPRESENTATIVE GARA  replied that  he wasn't sure  why it  was so                                                               
altered.                                                                                                                        
                                                                                                                                
8:45:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  clarified  that  the  words  "shall"  and                                                               
"must"  don't mean  the same  thing and  commented that  statutes                                                               
usually contain the  words "shall" or "may."  She  said, "I don't                                                               
like the  word 'must.'"   She noted that on  page 4, line  9, the                                                               
word "may" is used.                                                                                                             
                                                                                                                                
8:46:07 AM                                                                                                                    
                                                                                                                                
RICKY GEASE, Kenai River Sport  Fishing Association, testified in                                                               
support  of HB  218.   He  agreed  that  HB 252  and  HB 218  are                                                               
related, and  said, "If we're going  to put more fish  in places,                                                               
we need to have access to those places."                                                                                        
                                                                                                                                
8:47:05 AM                                                                                                                    
                                                                                                                                
DOUGLAS REYNOLDS  testified in support  of HB  218.  He  said, "I                                                               
think  it's  very important  to  have  additional access  to  the                                                               
streams, especially on  the Kenai [River]...."  He  noted that he                                                               
is a fly  fisherman, and he opined that  "combat fishing" reduces                                                               
the aesthetic experience  of fishing.  He said, "I  feel that ...                                                               
opening  up  these  areas  would give  a  better  experience  for                                                               
fishing."                                                                                                                       
                                                                                                                                
CO-CHAIR THOMAS closed public testimony.                                                                                        
                                                                                                                                
8:49:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  moved to  report the  committee substitute                                                               
for  HB  37,  Version  24-LS0284\I,   Bullock,  4/14/05,  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
8:49:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SALMON objected.                                                                                                 
                                                                                                                                
8:50:08 AM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Elkins, Kapsner,                                                               
LeDoux, and  Thomas voted in  favor of the bill.   Representative                                                               
Salmon voted against it.   Representatives Harris and Wilson were                                                               
absent.   Therefore, CSHB 37(FSH)  was reported out of  the House                                                               
Special Committee on Fisheries by a vote of 4-1.                                                                                
                                                                                                                                

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