Legislature(1997 - 1998)

03/19/1997 09:07 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       SB 64  SHUYAK ISLAND STATE PARK                                         
                                                                               
       SENATOR  MACKIE   testified  on  behalf  of  the  bill.                 
       COCHAIR                                                                 
       PEARCE  MOVED   Amendment  #1.     Without   objection,                 
       Amendment  #1 was ADOPTED.   Amendments #2  and #3 were                 
       not offered.   SENATOR PARNELL MOVED CSSB  64(FIN) from                 
       committee   with    individual   recommendations    and                 
       accompanying  fiscal notes.    Without objection,  CSSB
       64(FIN) was REPORTED  OUT with  a previous fiscal  note                 
       (15.0)  from  Department  of  Natural  Resources and  a                 
       previous  zero fiscal  note from  Department of  Public                 
       Safety.                                                                 
                                                                               
  SENATOR JERRY MACKIE, Sponsor, read his sponsor statement to                 
  the committee (Copy on  file).  He advised the  committee of                 
  changes  made in  the Resources  Committee regarding  public                 
  access, continued ability for hunting, fishing, trapping and                 
  other recreational uses  that the  lands have  traditionally                 
  offered for years.   He referred to a proposed  amendment to                 
  Section 2, page  4, lines  2-7, relating to  closures for  a                 
  biological  emergency  and  read   additional  language  for                 
  consideration.    "This  subsection  does  not  restrict the                 
  authority of the Board of Fisheries and the Board of Game to                 
  engage in the normal process  of regulating hunting, fishing                 
  and trapping within the park."  He acknowledged Amendment #1                 
  offers language to replace that section.                                     
                                                                               
  COCHAIR SHARP stated Amendment #1 did not have  the language                 
  Senator Mackie just  read.  SENATOR MACKIE indicated  he had                 
  no objection to Amendment #1.  COCHAIR PEARCE MOVED to ADOPT                 
  Amendment #1.   COCHAIR  SHARP explained  that it  adds more                 
  definition to how long a  biological emergency closure could                 
  exist without  reevaluation and reestablishment as the basis                 
  for a closure.   There being no objection, Amendment  #1 was                 
  ADOPTED.                                                                     
                                                                               
  COCHAIR SHARP brought Amendment #2 before the committee.  It                 
  would  repeal the McNeil  River State Game  Refuge passed in                 
  1992 on the  precept of  the Paint River  project which  was                 
  going to install a fish ladder to establish a sockeye salmon                 
  fishery in the upper lakes.  The justification was that when                 
  the facility became operational it would attract some of the                 
  bears  from McNeil  River and  they would not  be protected.                 
  The  fact  is  that  the  Paint  River was  already  in  the                 
  sanctuary that protected  the McNeil River  bear population.                 
  The refuge expanded  by 141,000 acres  in spite of the  fact                 
  that  the  state didn't  have ownership  of  it.   There was                 
  strict legislative  direction  in statute  that, except  for                 
  biological emergency,  they could not restrict  bear hunting                 
  but  the Game Board  prohibited bear hunting  a couple years                 
  ago.    Several  environmental  groups  sued  the  state  to                 
  disallow the Paint River project to open after it was built.                 
  There  has been  a judgement  forbidding the  opening.   The                 
  result being that  the whole justification for  the addition                 
  of the  refuge has  been blown  apart.   The Paint  River is                 
  still  in  sanctuary, there  has  not  been  any new  salmon                 
  fishery to lure the  bears outside the refuge and  there are                 
  still 141,000 acres locked  up and not in multiple-use.   He                 
  felt  that  some  had  bitter  feelings  over   how  it  all                 
  materialized.  COCHAIR SHARP did not offer Amendment #2  but                 
  would hold it for a floor vote.                                              
                                                                               
  SENATOR  MACKIE  expressed  appreciation  for the  cochair's                 
  concerns and the fact  that he did not offer  the amendment.                 
  He added that the language in SB 64 was carefully crafted so                 
                                                                               
                                                                               
  that the only closure for hunting, fishing or trapping would                 
  have to be a biological emergency.                                           
                                                                               
                                                                               
  SENATOR  TORGERSON  asked  for  clarification  of   language                 
  inserted by  the Resources Committee  on page 1,  lines 7-8,                 
  relating  to  covenants  and deed  restrictions  set  by the                 
  Kodiak Island Borough.  SENATOR MACKIE responded that it was                 
  part of the purchase agreement  negotiated between the Exxon                 
  Valdez  Oil  Spill  Trustee Council  and  the  Kodiak Island                 
  Borough.  SENATOR TORGERSON asked  if the covenants could be                 
  changed at the whim  of the Kodiak Island Borough.   SENATOR                 
  MACKIE said they  could not,  that they were  signed off  as                 
  part of the purchase agreement and it became property of the                 
  state.   COCHAIR SHARP brought  attention to a  court decree                 
  which he read  from, pointing  out that  the decree  already                 
  restricts the use of the state public lands.                                 
                                                                               
  COCHAIR SHARP  did not  offer Amendment  #3.   He asked  the                 
  committee's pleasure regarding SB 64.                                        
                                                                               
                                                                               
  SENATOR  PARNELL  MOVED  CSSB  64(FIN)  from committee  with                 
  individual  recommendations  and accompanying  fiscal notes.                 
  There were no                                                                
  objections,  and so  CSSB  64(FIN) was  REPORTED OUT  with a                 
  previous fiscal  note  (15.0)  from  Department  of  Natural                 
  Resources and a previous zero fiscal note from Department of                 
  Public Safety.                                                               
                                                                               
                                                                               
  SENATE BILL NO. 107                                                          
  "An Act making and amending capital and other appropriations                 
  and  to  capitalize funds;  and  providing for  an effective                 
  date."                                                                       

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