02/06/2006 03:30 PM Senate RESOURCES

        CSHB  37(FIN)am-PUBLIC ACCESS TO FISHING STREAMS                                                                    
                                                                                                                              
CHAIR  THOMAS WAGONER  announced CSHB  37(FIN)  am to  be up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  LES GARA,  sponsor of  HB 37,  explained that  it                                                               
creates a process for Alaska  Department of Fish and Game (ADF&G)                                                               
to  identify areas  of  high-use for  fisheries  in streams  that                                                               
might  lose their  public  access in  the  future especially  the                                                               
fisheries located along the road  system and to land-trade or buy                                                               
easements and  other public  access along those  areas. A  lot of                                                               
states have lost  their public access and it's  now too expensive                                                               
for them to get it back.                                                                                                        
                                                                                                                                
4:25:17 PM                                                                                                                    
SENATOR STEDMAN  said it seemed  like the definition  of "fishing                                                               
waterways" could  be virtually any  waterway with fish in  it and                                                               
asked if that was correct.                                                                                                      
                                                                                                                                
REPRESENTATIVE GARA replied  that it could be, but  the bill asks                                                               
the  department  to  prioritize those  areas  with  the  greatest                                                               
public fishery  and recreational value. It  asks the commissioner                                                               
to come  up with about two  meander miles of land  statewide that                                                               
it  would, then,  consider ways  to  purchase or  land trade  for                                                               
public  access  to  in  the  future. These  areas  would  not  be                                                               
appealable by members  of the public, so people  wouldn't be able                                                               
to argue about what land should have been identified.                                                                           
                                                                                                                                
4:26:16 PM                                                                                                                    
SENATOR STEDMAN,  referred to language  on page 3, line  10, that                                                               
says,  "Before February  1 of  each year  the commissioner  shall                                                               
submit a plan to acquire  public access to fishing waterways...."                                                               
It looks like he could  basically blanket a substantial amount of                                                               
private  land  within  the  state   of  Alaska,  particularly  in                                                               
Southeast where, "Virtually every creek has a fish in it."                                                                      
                                                                                                                                
4:27:27 PM                                                                                                                    
REPRESENTATIVE GARA  clarified that the commissioner  is supposed                                                               
to prioritize two-miles worth of  the highest-value public access                                                               
areas.  He  said  this  bill  doesn't  use  eminent  domain;  but                                                               
requires voluntary land trades with  landowners or voluntary land                                                               
purchases.  He couldn't  think of  very many  areas in  Southeast                                                               
that  were crying  for  this solution,  but he  knew  of some  in                                                               
Southcentral and the Interior.                                                                                                  
                                                                                                                                
SENATOR  STEDMAN said  the navigable  waters  definition is  far-                                                               
reaching and  asked if two miles  beyond the meander line  of the                                                               
river is the targeted distance.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GARA  reiterated  the   he  is  asking  ADF&G  to                                                               
prioritize  the  most valuable,  in  terms  of needed  sport  and                                                               
subsistence  fishing access,  two miles  of river  that they  can                                                               
find. It could be five different parcels or one long parcel.                                                                    
                                                                                                                                
CHAIR WAGONER  held CSHB  37(FIN) am  until Monday  and adjourned                                                               
the meeting at 4:34:59 PM.