Legislature(1995 - 1996)
03/20/1996 03:40 PM Senate RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 223 APPROVE CLOSING SITUK TO MINERAL ENTRY
CHAIRMAN LEMAN called the Senate Resources Committee meeting to
order at 3:40 p.m. He brought SB 223 before the committee as the
first order of business.
GERON BRUCE , Legislative Liaison, Alaska Department of Fish & Game,
said the legislation actually originated through a land planning
process conducted by the Department of Natural Resources. He noted
there was a thorough public review with all the parties involved,
and there was no objection to the recommendation in that plan to
close the bed of the Situk River and associated lakes and lagoons
to new mineral entry. The Department of Natural Resources executed
such an order in April 1995. SB 223 is required in order to
prevent the order from expiring and to make the closure permanent.
Mr. Bruce pointed out the Situk River is the most important river
in the Yakutat area and in the state. It is important to a
multiplicity of users, including commercial fishing for sockeye and
coho and recreational fishing.
Mr. Bruce explained it is important to take action on the
legislation by April 6, because it is a closure that exceeds 640
acres, and the interim classification expires on the 90th day of
the session unless a law is enacted making it permanent.
Number 090
CHAIRMAN LEMAN inquired if there are currently any working mining
claims in these areas on the Situk. NICO BUS , Acting Director,
Division of Support Services, Department of Natural Resources,
responded that there are no mining claims in the area right now.
Number 100
CHAIRMAN LEMAN stated testimony would be taken via teleconference
from witnesses waiting to testify in Yakutat.
CRAIG SWANSON , testifying on behalf of the City & Borough of
Yakutat Salmon Enhancement Board in support of SB 223, said the
board met earlier in the day and passed a motion to oppose mineral
entry of any kind on the Situk River.
Number 127
JOHN VALE , Chairman of the Yakutat Fish & Game Advisory Committee,
said the Situk is the life blood of the economy of Yakutat. He
noted that according a study done by the Department of Fish & Game
in 1988, the recreational fishery, just on the Situk River,
contributed $2.8 million to the Yakutat economy, and since that
time, that recreational fishery has expanded by 18 percent. It is
also a multi-million dollar commercial fishery, with 170 set net
permits in the Yakutat area out of which approximately half of them
fish on the Situk River. The Situk represents about 50 percent of
the commercial fishing income for their area. The study also
relates that 73 percent of the subsistence salmon harvested in the
Yakutat area come from the Situk River. He urged the committee's
support for SB 223.
Number 165
DON BREMNER , President of Yak-Tat Kwaan, Inc., stated the
corporation's and shareholders' support for SB 223. He said the
facts stated in the bill regarding the significance of approving
the interim classification are right on, although he clarified that
it should be referred to as the Yakutat area instead of the
Yakataga area.
Number 200
BART ADAMS , President, Yakutat Chamber of Commerce, testifying in
support of SB 223, stated the chamber's board and fisheries
committee unanimously oppose any mineral entry being allowed on the
Situk River and its drainage due to the potential damage to the
river and its valuable resources.
RAY SENSMEIER , President, Alaska Native Brotherhood, Yakutat,
stated their support for SB 223, as well as the support of the
Alaska Native Sisterhood.
Number 228
STEVE BORELL , Executive Director, Alaska Miners Association,
testifying from Anchorage, voiced the association's support for SB
223 and their recognition of the tremendous steelhead fishery. He
noted a lot of their members are also fishermen, both commercial in
some areas of the state and recreational. Speaking to an amendment
being proposed by the Alaska Miners Association, he said it would
leave the river bed and the estuaries and the waters untouched, but
it would provide an opportunity for the state to also utilize its
mineral deposits if such were to be found. It will provide an
opportunity, it would not forever close the door or sterilize any
mineral resources that might be there. He noted underground mining
occurs throughout the world and it has absolutely no affect on the
surface.
Number 257
JULES TILESTON , Director, Division of Mining & Water Management,
Department of Natural Resources, testifying from Anchorage,
confirmed the division did a search of the Situk mining claim
records in December. As of that date, there were no mining claims
or leases in the state system, so as far as state lands are
concerned, there are no outstanding mineral rights.
CHAIRMAN LEMAN requested that Mr. Tileston reserve the rest of
testimony until later in the meeting so that testimony could be
taken from an individual who was waiting to testify from an
airplane on another bill. He then set SB 223 aside.
CHAIRMAN LEMAN brought SB 223 (APPROVE CLOSING SITUK TO MINERAL
ENTRY) back before the committee, and requested that Mr. Tileston
continue with his testimony.
JULES TILESTON reconfirmed that state mining claim records were
checked and there are no mining claims and no mineral leases
associated with the area that is within SB 223.
Mr. Tileston noted there was a four-year planning process that
included numerous public meetings in Cordova, Yakutat, Juneau and
Seward, as well as receipt of approximately 270 written comments
and the mailing of 13 newsletters mailed to 750 individuals and
organizations. He added there was no opposition to the proposal
before the committee.
JIM RICHARDSON , testifying on his own behalf and several sport fish
associates who have fished the Situk River with him for the last 20
years, voiced his support for SB 223. He said it is very
appropriate to continue to protect the river, and he urged passage
of the legislation.
Number 414
CLIFF EAMES , representing the Alaska Center for the Environment in
Anchorage, stated their support for SB 223 because they believe it
deserves the highest possible level of protection.
JEFF PARKER , Vice Chair, State Council of Trout Unlimited,
testified from Anchorage in support of SB 223. He spoke of his
familiarity with the river and the importance of the area being
closed to mineral entry. He said the steelhead trout is just now
coming back from a couple of drought years in the early 1990's,
with approximately 5,000 steelhead coming back to the river last
year. He said it is a very important sport fishery and he strongly
supports the bill because of the unique production of this river.
CHAIRMAN LEMAN said there was testimony of the Situk's value as a
commercial stream and also a sports stream, and he asked if there
is any conflict between the two. MR. PARKER answered that there
has been concern about out-migrating steelhead being caught in the
spring by the set gill fishery that targets incoming sockeye.
There is also an issue of whether steelheads should be classified
as a customary and traditional subsistence stock, and that question
has been before the federal regional subsistence council, but he
does not know how that issue was resolved.
Number 465
SENATOR TAYLOR asked Mr. Parker if there are any known mineral
deposits within this approximately 2,700 acres that anyone is
threatening to develop so that there would need to be a closure
imposed. MR. PARKER responded no, but he noted that in
Southcentral Alaska they have seen mining claims that are basically
phony mining claims and are used for recreational cabins or create
problems in land status and land use, including assertions of
trespass that aren't sustainable as a matter of law but,
nevertheless, are asserted. Those kinds of things happen on high
quality fisheries.
SENATOR TAYLOR questioned if there is an actual threat from mining
or mineral properties today. MR. TILESTON responded that to his
knowledge there are no threats of potential mining in the area, but
as Mr. Parker testified to, sometimes the mining laws are not
properly used to the discredit of the legitimate mining industry.
That has happened and it tends to happen where there are high
recreational values and exceedingly marginal mineral values.
SENATOR TAYLOR said his concern is that every time he has seen the
mineral laws misused in this state for the purpose of locating a
recreational cabin in an area, it's because there was no other way
possible to get a recreational cabin in that area because the state
or the federal government owned every bit of the land and would not
allow anyone to live on it or purchase a piece of it. He added
that's with the exception of certain retired banker millionaires
that get to own beautiful homes on the Kenai. He also stated for
the record that he thinks that if there is a threat to the Situk,
there are two areas from which that threat is going to occur. One
is commercial fishing activity conducted at the mouth of that
stream that may very well impact out-migrant stocks in the spring
of the year if not carefully regulated, and the second, which is
much more ominous, is if the federal government does, in fact, take
over through subsistence law the regulation and management of that
stream and it is left wide open for "subsistence harvesting" all
the way up the stream with monofilament gillnets.
There being no further testimony on SB 223, CHAIRMAN LEMAN stated
the bill would be set aside until a quorum was established.
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