HOUSE BILL NO. 307 An Act creating the Knik River Public Use Area. ROBERT HOWARD, FRIENDS OF RESIDENCE, PALMER, testified against HB 307. He noted his last two decades seriously advocating the committing of local resources to responsible use. [Mr. Howard distributed photographs to the Committee of the area.] He said he served with the Trails Committee, the Mat-Su Trails Council and a founding member of the Knik River Watershed Group. Mr. Howard believes there are better ways to address problems of that region. A State recreation access area could provide a better solution. He thought that an area accessible to more than 300 thousand people and riddled with trail services will create undeniable impacts. Mr. Howard stressed the need for a management plan including a Citizen's Advisory Board. He urged that HB 307 contain stated deadlines. 1:52:12 PM CARRIE GREY WOLF, (TESTIFIED VIA TELECONFERENCE), WILDLIFE BIOLOGIST, PALMER, testified in opposition to the legislation. She pointed out that birds and waterfowl do not have the option to leave; the Valley is part of a critical migration route. Bird watching in Alaska is a multi million-dollar business. If the bill passes, she urged that the Commissioner have the authority to restrict the type of weapons used in the critical habitat area and regulate the time of discharge in the wetlands. She advocated for sufficient funding for education, enforcement, habitat protection, sanitary facilities and trail maintenance. 1:54:57 PM CECILY FRITZ, (TESTIFIED VIA TELECONFERENCE), KNIK RIVER WATERSHED GROUP, PALMER, thanked Representative Stoltze for initiating a plan that would help bring people together to accommodate all users and the resources in the area. She urged effective enforcement, asking how the enforcement will happen. Ms. Fritz recommended the Committee amend Page 2, Section 41-23-190 - to include a Citizen's Advisory Board. She stated that Page 3, Lines 13-18, does not allow management of the trails near residential areas, in the dunes, or consideration of motorized use of the upland trails during the winter season. Ms. Fritz pointed out that swans are present near that trail. She urged that the bill be amended on Line 13, inserting language "as compatible with the purposes of that section and ending the sentence after the word "ariel". She noted that with good legislation, their group could work effectively with the various agencies. 1:58:42 PM ERIC UHDE, (TESTIFIED VIA TELECONFERENCE), ALASKA CENTER FOR THE ENVIRONMENT (ACE), ANCHORAGE, testified in opposition to HB 307, noting that it does nothing to help manage activities. ACE recommends a local management style for the area, managed as a recreation area. The Knik River is notorious for being a dangerous place and the legislation fails to tackle those problems. HB 307 limits the Commissioner of the Department of Natural Resources to manage the resources and does not provide for any "on the ground enforcement". HB 307 allows, "grand fathering" of all existing trails; he recommended that section be deleted. The planning process is the best place to address trail issues for critical habitat areas. Mr. Uhde recommended that a Citizen's Advisory Board be established to compliment the Department of Natural Resources management. In any event, proper funding is the key. He pointed out that the fiscal note does not address enforcement and funding that is essential. In conclusion, the local population should be the ones to determine the use of management areas. 2:02:05 PM TODD CLARK, (TESTIFIED VIA TELECONFERENCE), ALASKA OUTDOOR ACCESS ALLIANCE (AOAA), ANCHORAGE, discussed the goals of AOAA to maximize the largest use of the public resources. In South-central Alaska, there needs to be a place designated for use by motorized vehicles. HB 307 provides the opportunity for education, protection and management enforcement. He suggested that HB 307 could help solve the problems, reiterating that enforcement is the key issue. 2:05:47 PM PATTI BARBER, (TESTIFIED VIA TELECONFERENCE), PALMER, voiced appreciation for HB 307, which protects motor home users. She agreed there needs to be greater funding for the Alaska State Troopers for proper enforcement. 2:06:43 PM KEN BARBER, (TESTIFIED VIA TELECONFERENCE), PALMER, voiced 100% support for HB 307 and recommended no changes to the bill. Mr. Barber agreed that enforcement is essential. 2:08:05 PM DICK COUTTS, (TESTIFIED VIA TELECONFERENCE), BUTTE COMMUNITY COUNCIL TRAIL COMMITTEE, PALMER, noted support for HB 307. He explained the need for public use designation for the Knik River valley. The traditions and rural lifestyles must be protected - hunting, fishing, prospecting & trapping. There are other parts of Alaska that offer areas of no motorized vehicles. Tourism is a choice of economic viability in the Butt area. Offering a public use designation is an option for everyone. Mr. Coutts acknowledged the need for more law enforcement but not a lot of new restrictions. There are approximately 72 public agencies that have regulations in place already for such an infrastructure. 2:11:09 PM DICK MYLIUS, (TESTIFIED VIA TELECONFERENCE), DEPUTY DIRECTOR, DIVISION OF MINING LAND AND WATER, DEPARTMENT OF NATURAL RESOURCES, ANCHORAGE, commented that the Department of Natural Resources has worked closely with Representative Stoltze & Senator Huggins on the legislation. He thought the changes made have been good. The legislation sets aside 264 thousand acres as a public use area; there is general support for addressing the concerns. The management plan offers a good opportunity to address the issues. Another key point of the bill is that it provides the Department of Natural Resources enforcement authority along with the Alaska State Troopers for citing violations. Current enforcement is not working on the ground. 2:13:12 PM REPRESENTATIVE BILL STOLTZE, SPONSOR, thanked the Department of Natural Resources for the proposed enforcement language. He appreciated the direction the bill has moved; he pointed out he is working on an amendment that would allow groups outside government, to provide resources for organizational costs. He highlighted long-term issues of the area. 2:15:06 PM Representative Kerttula voiced her appreciation with the proposed cleaning up; she asked how the public process would include involvement from the Department of Natural Resources. Mr. Mylius said they intend to follow the standard public project process, which takes about two years and involves public meetings to identify issues and concerns. There were hearings held on the legislation last summer to focus on the issues. The Department will gather data to deal with issues such as a public survey regarding area use. A draft plan would be written, following the meetings on the plan and then a final plan would be written. He summarized the three rounds of public meetings. The planning team would consist of the State agencies involved in land and resource management and the borough. 2:17:21 PM Representative Kerttula understood the time and effort put into planning, and asked if at some point a more formal group could happen. Mr. Mylius responded that had occurred from time to time in the planning efforts. Initially, there was a formal advisory board - a group that was useful but added time and expense to the process. It is known who the prime usury groups will be. 2:18:56 PM Representative Kerttula pointed out that the enforcement section appears to be broader than normal and asked what it encompasses. Mr. Mylius replied at this time, the only ones authorized to issue warrants are the Alaska State Troopers, which includes employees from the Department of Fish and Game and State Rangers. Representative Kerttula agreed there needs to be a "show of enforcement and commitment" to deal with the seriousness of the legislation. Mr. Mylius pointed out that the fiscal note contains funding for a position that would be responsible for patrolling the area and that the use is somewhat seasonal. 2:21:32 PM Representative Kerttula inquired how the public use area could interact with the adjacent land. Mr. Mylius replied that most of the Bureau of Land Management (BLM) lands do not see much intensive public use. The BLM used to have a few parcels closer to the road system but most of those have been transferred to the State. 2:22:20 PM Representative Kerttula referenced the section of the bill that addresses recognition of the existing off-road motor vehicle trails and asked if that meant "consideration". Mr. Mylius understood that it meant, "recognized". Some of those trails might need to be rerouted; the current language provides that flexibility. Representative Kerttula asked if some of those trails were creating more debilitation, would the Department have the authority to rehabilitate the area to bring them back. Mr. Mylius replied they have that authority. 2:24:28 PM Representative Weyhrauch MOVED to ADOPT New Amendment #1, #24-LS0737\S.2, Bullock, 4/6/06. Co-Chair Meyer OBJECTED. Representative Weyhrauch explained the amendment clarifies that the Commissioner cannot prohibit hunting within a marine park-system. He noted the language came from Representative Kerttula's bill, which creates a marine park in Southeast Alaska. He thought the provision fit well in HB 307. 2:25:37 PM Representative Kelly pointed out it restates the existing wording. Representative Weyhrauch clarified that one restricts while the other prohibits. Representative Kelly asked if it would affect fishing and trapping. Representative Weyhrauch said it could not. Representative Kelly countered that it could reduce restrictions on hunting. Discussion between Representative Weyhrauch and Representative Kelly took place on the verbiage addressing hunting restrictions. 2:27:53 PM Representative Kerttula clarified that the reason for the language in her bill was to address concerns brought forward by the territorial sportsman. She did not believe there were concerns regarding hunting but thought the issues brought forward by Representative Kelly were worth consideration. Representative Weyhrauch WITHDREW the MOTION on Amendment #1. There being NO OBJECTION, it was withdrawn. 2:29:49 PM Vice Chair Stoltze commented that the amendment deals mostly with Southeast park issues and does not address land and management concerns that the Knik public use area has. 2:30:22 PM Mr. Mylius pointed out the fiscal note addresses two components: · A two year planning process effort, and · A long-term position for a manager to that area Co-Chair Meyer noted the two employees hired for FY07 & FY08 and then one position in FY09. Mr. Mylius replied that was correct, as the first two years require funding for the planning effort. The long-term manager hired in the first two years would be involved in the planning effort. The planning position would exist only as long as the planning efforts continue. Mr. Mylius said the planning position would be placed in Anchorage; the Valley position funding would be through the State Agriculture Office, the cost covered in the fiscal note. 2:34:11 PM Co-Chair Chenault inquired if the position could help the State Troopers. Mr. Mylius replied that it was the other way around and that they would be assisting the Alaska State Troopers. The area has become a dump ground for many stolen vehicles and requires State Trooper involvement. Enforcement will have several purposes for patrolling those grounds. Co-Chair Chenault appreciated that the hired person would be working in the field, not in an office. Representative Kelly emphasized the area clearly is not a park. Mr. Mylius understood that; there are a few public use areas managed by the Division of Mining, Land & Water. 2:37:44 PM Representative Weyhrauch asked if it was a critical habitat area. Vice Chair Stoltze said not as a whole but that part of the process is to identify such areas. Creating a multiple use area is the intent. 2:38:58 PM Representative Foster MOVED to REPORT CS HB 307 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CS HB 307 (FIN) was reported out of Committee with a "no" recommendation and with fiscal note #1 by the Department of Natural Resources.