Legislature(1995 - 1996)
02/21/1995 01:35 PM Senate TRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE TRANSPORTATION
February 21, 1995
1:35 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Lyda Green
Senator Al Adams
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Robin Taylor, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 34
"An Act amending the area within designated marine park units of
the Alaska state park system, and adding marine park units to the
Alaska state park system."
PREVIOUS SENATE ACTION
No previous action to record.
WITNESS REGISTER
Senator Duncan
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime sponsor of SB 34.
Bill Garry, State Park Manager for Southeast Alaska
Division of Parks
Department of Natural Resources
400 Willoughby
Juneau, Alaska 99801
POSITION STATEMENT: Discussed the proposed Channel Islands Marine
Park and stated the support of DNR.
Cristi Herren
State Parks Advisory Board
427 West 11th Street
Juneau, Alaska 99801
POSITION STATEMENT: Suggested that the Division of Parks &
Recreation manage the Channel Islands Marine
Park.
Nancy Waterman
Juneau Parks & Recreation Advisory Committee
Box 20993
Juneau, Alaska 99802
POSITION STATEMENT: Supported the Channel Islands Marine Park and
the Division of Parks & Recreation as
management.
Amy Skilbred
Juneau Audubon Society
4477 Abby Way
Juneau, Alaska 99801
POSITION STATEMENT: Supported SB 34.
Sue Schrader
Juneau Kayak Club
Juneau Area State Park Advisory Board
10780 Mendenhall Loop
Juneau, Alaska 99801
POSITION STATEMENT: Supported the Channel Islands Marine Park.
Cliff Lobaugh
Tax Payer
3340 Fritz Cove
Juneau, Alaska 99801
POSITION STATEMENT: Supported the Channel Islands Marine Park.
Jim King
Juneau Resident
1700 Branta Road
Juneau, Alaska
POSITION STATEMENT: Suggested that the Channel Islands Marine Park
would be a gift to the next generation.
Kristi Lear
Juneau Resident
Juneau, Alaska
POSITION STATEMENT: Supported maintaining the islands for
recreational use.
ACTION NARRATIVE
TAPE 95-4, SIDE A
STRA - 2/21/95
SB 34 MARINE PARKS ADDITIONS/CHANGES
Number 005
CHAIRMAN RIEGER called the Senate Transportation meeting to order
at 1:35 p.m. and introduced SB 34 as the only order of business
before the committee.
SENATOR DUNCAN, prime sponsor, explained that SB 34 would establish
the Channel Islands State Marine Park. The islands in the Marine
Park were chosen for their recreational value to boaters in the
Juneau area. He noted that the Juneau Parks Advisory Board has
recommended that these islands be placed in a marine park status in
order to preserve them for public use. Similar legislation was
introduced in 1991.
Senator Duncan pointed out that those non-private portions of
Shelter Island not already in a marine park status would be
incorporated into the Channel Islands Marine Park. He emphasized
that there would be no private land within the proposed boundaries
of the park. Marine park status would allow preservation of the
natural, cultural, and scenic values of these islands as well as
continuing lawful uses of the areas, such as fishing and hunting.
He mentioned his belief that a network of marine parks along the
Inside Passage would prove beneficial to all boaters. Senator
Duncan stated that the State Division of Parks had indicated that
the Channel Islands could be monitored with existing or volunteer
staff therefore, a zero fiscal note resulted. He noted that HB 91
sponsored by Representative Robinson is similar legislation.
CHAIRMAN RIEGER inquired as to the location of the private land
holdings.
Number 091
BILL GARRY, State Parks Manager for Southeast Alaska, used a map to
indicate the boundaries of the proposed marine park. He noted that
Shelter Island had two private parcels of five acres each within
the original state marine park and this bill would not change those
parcels. There is no conflict with these private parcels.
SENATOR GREEN asked how the land for the proposed Channel Islands
Marine Park is being used currently. SENATOR DUNCAN said that the
islands are used for recreation and wildlife viewing.
Number 138
CRISTI HERREN, Juneau State Parks Advisory Board member, supported
designating these islands as parks. Historically, these islands
have been regarded by the state as public recreation areas. She
noted that the land is currently owned by the state. She expressed
that the Juneau State Parks Advisory Board feels that the Division
of Parks & Recreation would best manage the proposed marine park.
The Division of Parks & Recreation have staff already trained in
dealing with user conflicts and resource degradation with personnel
and equipment available for these tasks. Low level management
could begin immediately. She also noted the extensive volunteer
support of the Division of Parks & Recreation which could offer a
more cost efficient approach. She concluded by urging the
committee to support the management of the Channel Islands Marine
Park by the Division of Parks & Recreation .
NANCY WATERMAN, representing the Juneau Parks & Recreation Advisory
Committee, stated their support of the Channel Islands State Park
with the appropriate management being the Division of Parks &
Recreation.
Number 187
AMY SKILBRED, Juneau Audubon Society, stated support of SB 34 from
the society. She pointed out that the proposed lands have the
characteristics of a state park. She explained that permitting
some of the use of these lands would allow groups such as the
Juneau Audubon Society to volunteer their time.
BILL GARRY noted the Department of Natural Resources' support for
SB 34.
CHAIRMAN RIEGER asked if there would be any fees charged for the
use of the islands; would the fees be similar to those used in
Southcentral Alaska? BILL GARRY explained that currently there are
no facilities on the islands which eliminates the possibility of
fees. Mr. Garry stated that there was no plan to charge fees. The
islands would be managed in a passive manner with signs and public
information in the local newspaper.
SENATOR GREEN thought that the management Mr. Garry described
seemed to involve some cost. BILL GARRY specified that the fiscal
note was written with the knowledge that perhaps a $1000 worth of
signs would be needed. Mr. Garry felt that the cost could be
obtained through donations.
SENATOR GREEN pointed out that within the state much of the
recreational land set aside with planned systems have resulted in
the charging of fees. She asked if another area should be created
that would not be maintained or kept in line with the user's
interests. BILL GARRY said that maintaining the islands in their
present state would require minimal effort.
Number 260
SENATOR GREEN expressed difficulty in realizing what difference
SB 34 would have in regards to what currently happens on the land.
BILL GARRY stated that there was no intention of changing anything
besides offering information regarding the appropriate land use.
Without the Division of Parks & Recreation management, there would
not be a volunteer effort and the need for that is present.
SENATOR GREEN asked if there was any current manner in which
certain usage of the land could be prohibited. BILL GARRY asserted
that there is no law to prohibit any types of usage, such as
cutting timber. If the land becomes a park, then there would be
laws to eliminate and punish such drastic behavior.
CHAIRMAN RIEGER inquired as to the rules applying to undesignated
state land. BILL GARRY explained that individuals could build
temporary structures for approximately 10-14 days before a permit
from the Division of Land would be required. Mr. Garry continued
by pointing out that undesignated state land would not be available
for disposal; however, without park status an individual could
apply for a lease for whatever use. Mr. Garry noted that the
Division of Land operates under AS 38 which have civil penalties
while the Division of Parks operates under Title 41 which require
criminal sanctions of violations. Criminal sanctions would be a
direct manner in which to deal with catastrophic problems.
SENATOR ADAMS asked if there was any known opposition to placing
the islands in marine park status versus private land holdings.
BILL GARRY said that he had heard of desires to dispose of the
land, but no one had spoken to him directly.
Number 316
SUE SCHRAEDER, Juneau Kayak Club and Juneau State Parks Advisory
Board, informed the committee of the growing interest in
recreational activities on or about these islands. There is a
great need for recreational opportunities in Southeast Alaska. She
felt that increased recreational opportunities would be created
with the Channel Islands Marine Park. She indicated that the
Channel Islands Marine Park could help form an entire system of
marine parks up to Puget Sound. She urged the committee to
designate these islands as state parks so that all Alaskans could
benefit.
CLIFF LOBAUGH, local resident, stated that the proposed Channel
Islands Marine Park would benefit everyone. He did not know of any
public, private or corporate interest in this area who have openly
opposed this legislation. The user population for these islands is
diverse. He noted possible concerns with the timber on Shelter
Island which in the past and present has be recommended for
roadless recreation because the recreational value far outweighs
the timber receipts. Another possible controversy could be over
regulation by the state. He pointed out that comfort stations on
these islands would probably wash away during 20 foot tides.
Mr. Lobaugh did not see the need for a fiscal note; policing could
be done by Fish and Game when they are in the area as well as the
Coast Guard. He asserted that if the legislature could not pass
this simple legislation that has no opposition, perhaps, the
legislature does not have the ability to pass any meaningful
legislation. He noted a request to incorporate Spuhn Island into
the Channel Islands Marine Park.
SENATOR ADAMS inquired as to why Spuhn Island was not incorporated
into this legislation. BILL GARRY explained that the majority of
Spuhn Island is private land with only a few small parcels of state
owned land on the western southwest end of the island. Those
parcels have been selected by the City and Borough of Juneau. The
state did not have any long-term outlook for this land.
Number 405
JIM KING, Juneau resident, said that he had used these islands
recreationally and for fishing and such for over thirty years. He
indicated that areas like these islands are a portion of the
lifestyle of Alaska. He recognized that the population of the U.S.
is increasing as well as the population of Juneau. This increased
population can also be felt in the increased use of the islands in
the proposed park. He supported having the services provided by
State Parks in order to regulate and maintain the islands. The
Channel Islands Marine Park could be viewed as a gift to the next
generation.
KRISTI LEAR, Juneau resident for 22 years, recounted her usage of
the islands as she grew up. She reiterated the concerns of
increased usage which also increases trash and the cutting of trees
for firewood. There should be some supervision in order to
preserve and maintain these islands.
CHAIRMAN RIEGER asked Ms. Lear if she thought that users would
support a fee to pay for trash removal. KRISTI LEAR felt that
users would not have a problem with a user fee if collection was
made simple.
CHAIRMAN RIEGER stated that public testimony on adding Spuhn Island
to the proposed Channel Islands Marine Park would be necessary in
order to avoid creating a windfall for private landholders.
Number 470
SENATOR LINCOLN pointed out that SB 34 would be heard by four
committees. Witnesses should be prepared to testify again as the
bill goes through the committee process. She supported SB 34, but
indicated that the four committee assignments could pose
difficulties.
CHAIRMAN RIEGER requested that the Division of Parks & Recreation
and Senator Duncan review the possibility of a user fee for the
Finance Committee hearing.
SENATOR DUNCAN said he did not mind reviewing a user fee, but
should it be a system for all marine parks? CHAIRMAN RIEGER
expressed a desire to have that information.
SENATOR GREEN inquired as to the possibility of new restrictions on
these islands if they are placed in marine park status. SENATOR
DUNCAN did not see any changes in the availabe uses of the islands.
SB 34 would attempt to eliminate the misuse of the islands and
create a type of oversight management with the information Mr.
Garry spoke to earlier.
BILL GARRY explained that currently, all the marine parks have,
according to statute, maintained and preserved all existing uses of
such areas. There is no intention to limit existing lawful uses of
park areas.
SENATOR ADAMS moved that SB 34 be moved out of committee with
individual recommendations. Without objection, it was so ordered.
There being no further business before the committee, the meeting
adjourned at 2:16 p.m.
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