Legislature(2005 - 2006)
03/29/2006 02:26 PM House RES
| Audio | Topic |
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| Start | |
| HB307 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 307-KNIK RIVER PUBLIC USE AREA 2:26:55 PM CO-CHAIR RAMRAS announced that the only order of business would be HOUSE BILL NO. 307, "An Act creating the Knik River Public Use Area." CARL BAKER expressed his desire for HB 307 to pass as is. He added that many restrictions already exist and more aren't necessary. 2:30:14 PM DICK COUTTS, Board Member, Butte Community Council; Secretary, Butte Community Council, Trails Committee, stated that he's in favor of creating a Knik River Public Use Area. He surmised that the majority of people want this public use area. He noted that there are thousands of legitimate, lawful motorized users in the Knik River valley off-road use area. He said that three of the public use areas currently in existence, Nelchina, Goldstream, Ernie Haugen, and the Six Rivers Recreation Area, all have provisions in statute that they won't be managed as a unit of the state park system. He further noted that there's a definition in statute that any method of transportation that has become popular is traditional. He remarked that all-terrain vehicles have become popular and are included in that definition. He relayed that there's extensive support for the creation of a Knik River Public Use Area, such as the five Butte Community Council resolutions over the last 13 years for keeping existing trails opened. 2:32:44 PM ERIC UHDE, Public Lands Advocate, Alaska Center for the Environment (ACE), informed the committee that ACE is a grassroots conservation organization based in Anchorage with over 7,000 Alaskan members. ACE has been working for 35 years to protect Alaska's recreational land, and it is definitely opposed to HB 307. He stated that the Knik River is notorious for being lawless and dangerous. He criticized this bill for failure to tackle the problems that have plagued the area for years. He continued that HB 307 doesn't keep off-road vehicles on proper trails, curb dangerous use of guns, or support any immediate enforcement of existing laws. He further continued that this bill seeks to codify unlimited motorized access and weapons used in the area. ACE supports area residents in seeking a balance between motorized use of the Knik River and the protection of wildlife and habitat. He said, "I see a couple of glaring deficiencies in HB 307." He acknowledged that this bill directs the Department of Natural Resources (DNR) to adopt a management plan, but pointed out that it doesn't set a deadline for the plan's development or adoption. He remarked that HB 307 severely limits DNR's authority to stop the damage to natural resources caused by off-highway vehicles (OHV) use, and the purpose of this bill is to enhance off-road vehicle opportunities. He noted that HB 307 will also limit the Board of Fisheries and the Board of Game's authority when addressing OHV use because their regulations will have to be consistent with the purpose of this bill. It isn't clear whether DNR has the authority to close out pre-existing trails or segments of trails that affect critical habitat area. He said critical habitat isn't even defined in HB 307. In addition, DNR's commissioner is directed to identify wetland areas, but at the same time, must provide for both their protection and use. He opined that it seems to be a stretch to be able to protect these areas while also advocating for increased use. He further mentioned that state-sanctioned OHV use in wetlands, protected by the Clean Water Act, could leave the state open to a charge that its formal action violates this act. 2:35:27 PM WILL TAYGAN, Volunteer, Sierra Club, informed the committee that the Sierra Club has approximately 1,000 members in southcentral Alaska. He uses the area, mostly for bird watching and stated that he's opposed to the legislation as it stands. He opined that HB 307 is very biased toward motorized use and that, historically, non-motorized users avoid the area. He suggested that on page 1, line 14, and page 2, line 1, "non-motorized" should be inserted after "motorized access" and "motorized use". He characterized the grandfathering in of trails as problematic and seems to tie DNR's ability to manage. He referred to page 3, line 11, and opined that recognizing existing [OHV] trails is fine; however, the shortest possible route to avoid critical habitat is really limiting to DNR. He said, "I think that section should just be struck and that the management and the development of the plans could be done throughout the management plan and not in the legislation." 2:37:23 PM MIKE ERICKSON, President, Alaska ATV Club, said the club has historically viewed management plans "as, eventually, we can't go there any more." He stated that the club supports this legislation as written, especially the language protecting the exiting trails and motorized users' right to frequent them. He said, "We have no problem with sharing the trails with everybody else, and we do that now. We take care of the area." He noted that the majority of recreational users frequent the trails on the lower side. He opined that all of the trails need to remain open, and that it needs to be included in the guidelines of the management plan. 2:39:05 PM DANIEL HERTRICH, Alaska Outdoor Access Alliance, opined that it's about time that motorized use be recognized as a form of recreation, equal to other forms of recreation, and HB 307 should make motorized recreation a priority for the Knik River area to ensure that motorized access isn't "taken away." He remarked that if the area is managed such that motorized users can't recreate there, "a big chunk" of recreation opportunity will be taken away from many Alaskans. 2:41:13 PM CARRIE GRAYWOLFE stated that she opposes HB 307 as well as [Version I]. She opined that Representative Stoltze drafted this legislation catering to special interest groups. She further opined that HB 307 is heavily biased toward off-road vehicle use and is at the expense of most other user groups. She referred to page 3, lines 11-16, which reads as follows: recognize the existing off-road motor vehicle trails and the access those trails provide to areas in the Knik River Public Use Area, make accommodations that will provide the shortest possible route to avoid critical habitat, conduct trail rehabilitation in a way that minimizes damage, maintain and enhance off- road motor vehicle options and opportunities in the Knik River Public Use Area, and provide for increased use of the public use area. She clarified that the aforementioned is dedicated solely to the protection and rights of off-road users. She asked, "Where is the language that specifically includes the recognition, accommodations, maintenance, and enhancement of areas for non- motorized uses, trails, and waterways?" She referred to page 2, lines 7-[8], which reads, "The commissioner may designate incompatible uses," and to page 3, lines 5-10: The commissioner shall allow the Knik River Public Use Area to be used for activities that include all- terrain vehicles, aircraft, watercraft, airboats, snowmobiling, horseback riding, hiking, bicycling, dog sledding, cross-country skiing, skijoring, camping, hunting, fishing, wildlife viewing, photography, and, where permitted, mineral exploration and mining. MS. GRAYWOLFE said, "As written, there are no incompatible uses," and asked, "What if one or more of the stated activities is determined harmful to the perpetuation and enhancement of general recreation, or the protection and maintenance of wildlife habitat?" She referred to page 3, lines 2-4, "the use of weapons, including firearms, in the Knik River Public Use Area except in locations where the commissioner determines that the use of weapons constitutes a threat to public safety," and stated that it fails to adequately address target shooting, and many residents fear for their safety. She said weapons are being discharged up to 24 hours per day, 7 days per week toward homes, residents, and other recreational users. She further relayed that residents have no relief from noise pollution or potential danger, and fish and wildlife are at greater risk to lead poisoning from excessive target shooting. She said Representative Stoltze misled the committee on Monday as the opposition nearly equaled the supporters of this bill at the public hearings in 2005. She noted that the South Knik River Community Council voted against this legislation as written. This issue goes far beyond recreational activities, and she asked, "Why should hundreds of Knik River residents continue to suffer from the users who destroy the land and disrespect the local inhabitants?" She said residents need a better solution than this poorly written legislation, such as creating a Knik River State Recreation Area. 2:43:41 PM SCOTT WOLFE acknowledged [Representative Stoltze's] attempt to addresses concerns and conflicts which have developed as a result of repeated irresponsible use of the Knik River Area by some users. However, he opined that HB 307 and [Version I] will perpetuate and enhance the problems, instead of creating solutions. He said this is special interest legislation to protect the rights of motorized users at the expense of everyone else, including the quality of life of the local residents. He noted that Representative Stoltze is the director at-large of the Alaska Outdoor Council (AOC), an affiliation of the AOAA. There's a potential conflict of interest, which was shown during Monday's [meeting] when Representative Stoltze failed to mention that during the previous two public hearings, nearly half of the testimonies were against this bill. In addition, Representative Stoltze mentioned that the Butte Community Council voted in favor of the bill, but failed to mention that the South Knik River Community Council voted against the bill. He relayed that for over 20 years, residents have expressed concerns regarding the following problems caused by overuse and abuse: burned and abandoned vehicles; uncontrolled gunfire; erosion, dust, and damage to habitat caused by off-road vehicles; pollution; abandoned campfires; poaching; wildlife and fish harassment and disturbance; and trespassing. He recommended that the legislature reject this bill, which would allow for a more extensive public review process before approving any legislation for this critical area. He said the Knik River area and its residents deserve much better than a public use area. He said, "Now's the opportunity to pave the way for wise and sustainable use, instead of the take-what-you-can [and] give-nothing-back attitude so prevalent with many current users and in this proposed bill." He said the state must act on this ever-growing problem but HB 307 and [Version I] aren't the best answers. He suggested that a State Recreation Area may be more appropriate for developing solutions. 2:46:35 PM PATTI BARBER remarked that with all of the recent trail closures to ATV's and snowmobiles south of Anchorage, and the ban in the city itself, there are very few places for a weekend ride close to home. She opined that HB 307 is good insurance that motorized use won't be eliminated from this favorite recreation area. She said the area has been a popular weekend retreat for many diverse user groups, including hikers and horseback riders and all forms of motorized use. Many of the trails were originally logging roads or for hunting or sightseeing, and have been there for many decades. She stated that motorized recreation on public lands has been eliminated, and this bill would keep motorized or non-motorized activities legal. Without the language protecting motorized access, HB 307 wouldn't have the support of the very large and organized motorized user group. She stated that one of the reasons for the creation of the Knik River Public Use Area is the problem of trash and car burning. She further opined that people who litter or destroy vehicles in this area should be prosecuted. She suggested that littering laws be enforced, rather than being used as a threat. 2:48:42 PM JOHN NYSTROM, Board Member, Knik River Community Council, stated that this will be a tall task to satisfy everyone as the passion and verbal pummeling has evidenced. He stated that there seems to be reasonable compatibility with people being able to use this area for the general enjoyment of the great outdoors. In more recent years, however, there has been much more use of the area. There are more incidents now of indiscriminant shooting that directly affect his neighbors, and vehicle burning and junk dumping are a concern for everyone. He stated that this issue needs to be addressed in an organized direction and not as another land lock-up. Many South Knik River residents view Representative Stoltze's work as a viable step in dealing with a myriad of concerns. 2:50:59 PM KENNETH BARBER stated that he believes in and supports HB 307. He expressed his belief that the bill includes protection for habitat as well as enforcement for the area. 2:52:21 PM JEAN WOODS expressed her belief in the multiple use of public lands by all of the public. She said traditional use of fish and wildlife should be allowed, making management of this area by the Alaska Department of Fish & Game (ADF&G) logical. She stated that the creation of the Knik River Public Use Area, as outlined in [Version I], would allow all of the public to enjoy the full range of activities, including off-road opportunities. She offered that the key to a successful public use area is responsible users and public safety enforcement. 2:53:15 PM NOEL WOODS expressed concern regarding enforcement in the area, which he suggested be dealt with by an additional piece of legislation. He said that he supports HB 307 as written. 2:54:18 PM CHARLOTTE SARTOR said the Butte area is a divided community where a large percentage of the residents don't feel represented by the current community council. A special recreation area designation, rather than a public use area, would allow for easier enforcement and follow the recommendations of previous studies. She said, "But action's needed, so we should work together for changes to make this bill an effective compromise." She said that she opposes HB 307 as written because it just continues the status quo. She expressed her support regarding a management plan, shooting safety, and enforcement. She noted that her comments are directed toward [Version I]. She suggested inserting "and non-motorized recreation determined to be compatible with (1) and (2) of this section" in the purpose section on page 1, following line 14. She suggested including workshops, a citizen advisory board, and a deadline for implementing the management plan in the management section on page 2, within lines 5-11. She commented that the incompatible uses section on page 2 and 3 has many problems. She said, "It's contradictory and ineffective." She referred to page 2, lines 21-22, which reads, "Except as provided in this section, the commissioner may prohibit or restrict uses" and surmised that the result is that the commissioner can't regulate any use or existing trail, even if it's detrimental to the purposes. She further suggested inserting "as compatible with purposes" on page 3, line 6. She remarked that all uses need to be compatible with the purposes and that it's not necessary to list every activity. In regard to off-road motor vehicle trails, she suggested deleting "recognize the existing" and insert "allow as compatible with purposes" on page 3, line 11. In regard to the enforcement authority section on page 3, she said the need can't be over-emphasized, and she wants to ensure that the wording allows for timely enforcement, suggested funding is not adequate. She described the area as wonderful because it is scenic, abundant with wildlife, and close to a large population. She concluded, "We desperately need a bill that addresses the problem and ensures continued use for all without ruining it. So without further changes, this bill should not be passed." 2:57:01 PM CECILY FRITZ, Chair, Knik River Watershed Group, agreed with Representative Stoltze's comment on Monday that a few more changes are needed. She referred to page 2, lines 21-22, which reads, "Except as provided in this section, the commissioner may prohibit or restrict uses determined to be incompatible" and the page 3, lines 5-10 lists every use as an exception to the incompatible uses management tool. She noted that there could be no restrictions, even if the use contradicted the purposes listed on page 1. She stated that page 3, lines 11-16, circumvents planning and management, and it ignores wildlife resources and the many concerns of area residents. She said that this should be left to the comprehensive planning and management process. Both of those problems can be fixed by adding the clause "as compatible with purposes". She relayed that existing statutes, such as those for Hatcher Pass and Nelchina, have a "why-where-when-how standard" for determining incompatible uses. To ensure that the uses are not over- regulated, she suggested that similar wording be added to this bill. She said, "While admirably ensuring ORV use as is done in the section 1 on purposes, please do not forsake the outstanding resource values as noted in several plans and studies." As a result of the awesome, and sometimes more appropriate, areas for non-motorized use, the deteriorating quality of life for immediate area residents, and the explosive growth in use and population, the commissioner needs every management tool available, not the restrictive management in the current bill. 2:59:52 PM DOT HELM recognized the need for motorized recreation in the area. She said that granting equal opportunity to non-motorized [users] would be appreciated. She suggested inserting "and non- motorized" before "opportunities" on page 1, line 14. In regard to the potential grandfathering of the existing trails, she stated that some have been motorized for a while and that's not problematic. She relayed that it might be necessary to re-route a trail to ensure its sustainability. Access to private property or mining claims would be maintained. 3:01:59 PM JAY CROSS noted the absence of vegetation on the flats of the area. He opined that this bill doesn't address the problem which will occur in the next few years. He said, "I think there are other ways of addressing this right now. I just don't see this bill as being the right vehicle right now." 3:04:26 PM BRIT LIVELY had her testimony read by Robert Howard as follows: Brit represents the Butte area residents civic organization and is opposed to HB 307, but supports responsible multiple use. For background, last year, area residents asked [Representative] Stoltze for a plan to help protect us and our surroundings from the destructive effects of irresponsible recreation, including motorized. Instead, motorized groups statewide banded together as AOAA with AOC and wrote HB 307 to manage the area for motorized recreation and additional unrestricted access, which Representative Stoltze, director at-large of AOC, introduced on their behalf, without working with residents. Because none of you can imagine life in the Butte unless you spend a weekend with us to experience the terrible side effects of unrestricted motor recreation, we implore you to study the material we took to your Juneau offices as well as the thoughtful letters you received before deciding the fate of our community. Take the time and let us show you how we see things here. You are the governing stewards of our lands and our waters, which we are so richly blessed with in the Knik River valley. They are indeed our biblical, blessed waters because they give and sustain life. We understand that you are under much pressure to (indisc.) everyone. MS. LIVELY'S testimony continued: Fortunately, you have the Alaska statutes and the DNR mission statement to guide you "to develop, conserve, and enhance natural resources for present and future Alaskans." HB 307...public use area does not. Only a state recreation area can as for the HB 307 deficiencies submitted in writing. The major reason is based on DNR's mission where the purpose of HB 307 should have the paragraphs reversed. If you put recreation ahead of protection of habitat and wildlife, along with the limited enforcement in this legislation, you may well end up with a gravel pit and a dust bowl extending beyond the boundaries of this public use area, considering that 1-3,000 people on motors are using this area on sunny weekends. Purpose, page 1, lines 7-12 should read: "(1) perpetuate, mitigate, protect, and maintain migratory waterfowl nesting areas and fish and wildlife habitat for sustaining and enhancing (A) traditional public use of fish and wildlife populations; (B) public enjoyment and recreation". Our small community should not have to suffer the entire burden of motorized recreation for southcentral Alaska, where we already endure the racetrack noise every weekend up to 12 hours a day all summer from May to Labor Day. Add to that the noise and much other detrimental activities described by others during this hearing it is just too much. Please help our community discard the prevalent perception of "who cares, it's the Butte" and provide a strong framework of a state recreation area designation, which will give us the respect we deserve and the wings we need to soar to new heights. REPRESENTATIVE STOLTZE said his office wrote the legislation. He said he was a member of AOC, but hasn't been since last fall. He left because his participation and attendance was "pretty spotty." He said, "I have been a member in the past, but am not, just for the record." He added, "Or director." ROBERT HOWARD stated that he strongly supports the Butte area resident's civic organization in developing an [state recreation area]; the problems out there are way too complex to solve with the simplistic approach. 3:09:17 PM PATRICK O'CONNOR stated that he strongly supports this bill. He said that he feels that the state should not only open up this area, but open up more areas for people to utilize. 3:11:27 PM BILL FOLSOM stated that he's definitely in favor of HB 307. He relayed his loss of access to some Native land and remarked that he has not seen any loss of access for hikers, skiers, and backpackers. He said, incrementally, over the last 40 years, he has seen loss of access for motorized use. The area will be utilized for years to come, and no one has been excluded. 3:13:11 PM ROD ARNO, Executive Director, Alaska Outdoor Council (AOC), informed the committee that AOC represents over 10,000 outdoor users - hunters, fishers, and people who like to access public lands. He stated that AOC supports the CS and thanked Representative Stoltze "for putting this together." He the Knik River Valley is changing due to urban sprawl, and this piece of public land sits at the edge of that sprawl. There's plenty in this legislation to continue the protection of habitat and traditional access. He said the big issue is enforcement, and "nothing could be more better spent from the state right now in enforcement." Every cent that goes into increasing that enforcement makes the natural resources that [Alaska] has sustainable. He said that Article 8, Section 3 says "common use", which means that state lands close to urban areas should be open for the public to use. REPRESENTATIVE GATTO asked, "What is the likely result if this bill didn't exist and we did nothing?" MR. ARNO answered, "We would not bring the attention to the area that it needs to get the enforcement that we need to stop the arson, vandalism, and the habitat destruction." He said there's going to be a broad constituency in southcentral Alaska who will continue to advocate for funding for enforcement. 3:16:25 PM PETE PROBASCO stated that he fully supports HB 307; it's a very good bill and it needs to be passed. He surmised that this bill would allow for more systematic enforcement and necessary organization. He further surmised that there will be an opportunity to penalize those who don't abide by the rules, but still allow the kind of public access by the general users of this area. He opined that it's very important to protect access and that there are too many restricted areas already. He remarked that it's important that the public be able to practice the multiple use that's prescribed for [the area]. He concluded that it's important that the area isn't locked up and that's a problem that he foresees the legislation doesn't go forward. 3:17:40 PM RANDY OWENS discussed the activities he takes part in - hunting, fishing, trapping, and logging - in the area. He opined that it's necessary to have an area where people can go and play. 3:19:44 PM BILL BARBER supports HB 307 and opined that [Alaska] should have a place where motorized vehicles [are allowed]. 3:20:34 PM STANLEY CARTER said he was a member of the Butte Community Council for eight years and was president for two years. "It's my consensus that 70 percent of the people in the Butte wanted this area kept open. It's a fine recreation area, and most of us are in favor of HB 307." 3:21:31 PM GARY DORSEY, President, South Knik River Community Council, reiterated that the council voted down HB 307 as written. Speaking for himself, he said the CS doesn't address the problems. Most people on South Knik River weren't aware that the border cut right through the Knik River residential area. He said nobody seems to want to be included in this land use area no matter what the end results are. He recommended that the border, township 16 north, range 4 east, be modified to remove all lands south of Knik River, which is residential. He said the entire section, township 15 north, range 4 east, south of that, should be deleted entirely because it has no purpose as a designated land use area. He suggested the deletion of township 17 north, range 3 east entirely. The remaining land, which is vast and can be easily accessed from the Butte area, should be made a public use area with some adjustments. It has been recommended, both by DNR and the Matanuska-Susitna Borough Coastal Management Plan, that township 17 north be made a state recreation area in separate legislation. REPRESENTATIVE SEATON requested a copy of the delineations. REPRESENTATIVE STOLTZE asked him to call his office, "but I can't guarantee that there be another area designation created by this or any future legislature. So I just want to...do my best to comply with what residential wishes are." 3:25:33 PM CO-CHAIR RAMRAS thanked the testifiers and the sponsor. He closed public testimony. REPRESENTATIVE STOLTZE said he continues to be open to public input. [HB 307 was held over]
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