Legislature(2011 - 2012)CAPITOL 120

02/24/2011 05:00 PM House FISHERIES


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Audio Topic
05:03:41 PM Start
05:04:02 PM Overview(s): Alaska Commercial Fishing Harvest Sector
05:42:32 PM HB121
05:49:09 PM HB144
06:06:43 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Industry Overview: Commercial Fishing Sector, TELECONFERENCED
Presented by United Fisherman of Alaska:
- Arni Thompson, President
- Mark Vinsel, Executive Director
- Jerry McCune, Government Relations Director
*+ HB 144 REPORT ON FISHING STREAM ACCESS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 121 LOAN FUNDS:CHARTERS/MARICULTURE/MICROLOAN TELECONFERENCED
Moved CSHB 121(FSH) Out of Committee
             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.                                                                                           

Document Name Date/Time Subjects
Industry Overview - Commercial Fishing - Fishing Seasons.pdf HFSH 2/24/2011 5:00:00 PM
Industry Overview - Commercial Fishing - What Kind of Boat.pdf HFSH 2/24/2011 5:00:00 PM
HB 144 - Version A.PDF HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - Sectional Analysis.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB144-Fiscal Note - ADF&G-SFD-02-17-11.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - ADF&G Memo - Stream Access - Anchor, Montana and Salcha Creeks.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - Kenai River Sportfishing Assn. Ltr - Support.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - Alaska Fly Fishers - Support.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - Women's Flyfishing Ltr - Support.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - Churchill Ltr - Support.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - Stockwell Ltr - Support.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
Industry Overview - Commercial Fishing - United Fishermen of Alaska Presentation - Feb 24 2011.pdf HFSH 2/24/2011 5:00:00 PM
HB 144 - Fiscal Note - DNR-LATD-2-23-11.pdf HFSH 2/24/2011 5:00:00 PM
HB 144
HB 144 - Sponsor Statement - 3-1-11.pdf HFSH 2/24/2011 5:00:00 PM
HB 144