CSHB 307(RES)-KNIK RIVER PUBLIC USE AREA  CHAIR WAGONER announced HB 307 to be up for consideration. BEN MULLIGAN, staff to Representative Bill Stoltze, explained that HB 307, relating to the Knik River public use area, was introduced last year. Since that time Representative Stoltze and Senator Huggins have held two public meetings, many individual discussions, and numerous meetings with the Department of Natural Resources (DNR) Division of Mining, Land, and Water. As a result new language has been incorporated to address the various concerns. 4:06:27 PM CHAIR WAGONER asked how many acres would be included in the public use area. MR. MULLIGAN replied approximately 262,000 acres. CHAIR WAGONER said he understands it would be a multiple use area. MR. MULLIGAN said yes; the sponsor and Senator Huggins maintain that everyone ought to be able to responsibly use the area. 4:07:07 PM CHAIR WAGONER opened public testimony. CARRIE GRAY-WOLFE, Knik River resident, said the area is plagued with excessive target shooting, which is a threat to public safety and destructive to the environment. Crime is on the rise to the extent that armed troopers have been unable to control unlawful activities. No sanitary facilities are available in an area that is to accommodate a lot of people. This is a health hazard and the bill doesn't provide funding to address this need. This area is a critical migration route and nesting area particularly for Trumpeter Swans. Enhancing motorized use is contrary to the protection of this critical nesting habitat. A couple thousand homes surround the Knik River area and the residents will be greatly affected by activity in the valley. MS. GRAY-WOLFE reported that the South Knik River Community Council opposes HB 307 and she opposes it as well. SCOTT WOLFE, Wildlife Biologist and South Knik River resident, stated opposition to HB 307. However, because of the high volume of wildlife and fish habitat that are in such close proximity to Alaska's main population, he would support creation of a state recreation area or game refuge. MR. WOLFE said that Silver Salmon in Southcentral could be further at risk if even more use is perpetuated and enhanced. He suggested that the bill should specifically give the commissioner the responsibility as well as the funding and personnel to reach the objectives. Although the bill states that nothing prohibits the Department of Fish and Game (ADF&G) from engaging in habitat enhancement and rehabilitation projects, the department is already stretched to the limit in terms of money and personnel. The section on wetland protection doesn't allow the commissioner to address the local concerns about excessive target shooting and the use of explosives. The commissioner should be able to restrict the type of weapons that are used, the time of discharge, and the type of shot used in and adjacent to wetland areas, he said. MR. WOLFE reiterated he does not support creating a public use area in a region that is so critical to wildlife. SENATOR KIM ELTON asked if he would prefer a public use area to nothing. MR. WOLFE said he considers this to be nothing because the area is already in public use. He's concerned that the legislation is written such that one unarmed DNR person will be put in an area where hundreds if not thousands of people will have guns. BRITT LIVELY, Butte area resident, disagreed with the introductory statement that extensive public testimony had been taken throughout the summer and winter. The public hasn't had its say and that isn't fair, she said. Spend just one Memorial Day here and you'll understand why the bill needs stronger language regarding law enforcement, sanitation, and habitat management. Right now the moose are calving and the swans are nesting and they are in peril. Please give the commissioners of DNR, DEC and Public Safety the assurance and funding to enable them to perform their primary statutory duties and consider language for a Knik River Valley state recreation area, she concluded. CHAIR WAGONER commented that the statement about heavy use during Memorial Day applies in almost any part of Alaska. 4:17:19 PM GREGORY NELSON, Butte resident, related the historical uses in the Knik River Valley and said that many of those recreational activities are no longer compatible because of the damage they cause. He related that in the last 25 years he has watched a steady degradation in the wildlife and the kinds of activities that people engage in. It's no longer comfortable or safe to ride horses in some areas and the trails that were traditionally used have been destroyed by ATV use. MR. NELSON outlined that the bill is troublesome because it precludes effective law enforcement in that it requires a single unarmed person to deal with people that like to drink, drive fast and carry weapons. Furthermore, the approach taken to address the issue of grandfathering the trails was ridiculous. What residents in the area want is a special recreation area with all the attendant statutory protections. In closing he said that area residents strongly support education and law enforcement. 4:21:12 PM KEN BARBER, Mat-Su LIO, said he traps and hunts in the Knik River Valley. He supports motorized use in the area because it's difficult to find places that are designated for motorized use. This is a good place to have it, he concluded. 4:22:43 PM PATTI BARBER, Butte area resident, said over the years it's become more difficult to use a motorized vehicle in favored recreation areas. She mentioned the Chugiak State Park, the Homer Hay Flats, and the Hatcher Pass Recreation Area and noted that the non-motorized public has not lost the right to use any of those areas. That's why the Knik River Public Use Area should be kept open for all forms of motorized vehicle use. She suggested that the reports of burned and abandoned cars are exaggerated because the ATV club conducts a clean up in the spring and fall to eliminate the problem. It's time for Alaska to follow in the steps of other states and develop a plan to set aside areas for motorized use, she concluded. 4:24:24 PM BILL FOLSOM, Mat-Su LIO, stated support for HB 307. We've been losing access since I arrived in the '60s and right now we're just trying to maintain an access area, he said. PETER M. PROBASCO, Mat-Su LIO, thanked the sponsor and Senator Huggins for what he described as a well-written bill, which provides needed management and the authority for multiple use without a lock up. He strongly supports passing the bill. EUGENE KISSEE, Mat-Su LIO, said he has recreated in the Knik River Valley for over 30 years and in that time he has seen many areas closed to motorized traffic. He stated support for the bill and said this is a place that people from Anchorage can use. Regulations are needed for the indiscriminant use of firearms, but that can be addressed. 4:27:02 PM JEAN WOODS, Mat-Su LIO, stated support for HB 307 and noted that the Butte Community Council voted 74 to 1 in favor of the bill. She has used the area since 1954 and for age and health reasons she can no longer access it on foot. There needs to be a place for people like me to go to recreate and enjoy the outdoors and this is a logical place for that, she said. 4:28:13 PM JIM PELTIER, Mat-Su LIO, said he uses the area with a boat, a four-wheeler, and a snow machine. He supports multiple use in the area and therefore he supports HB 307. RANDY OWENS, Knik River Valley resident, said he has enjoyed the benefit of the area for many years and he believes that people need recreational areas to go and ride ATVs. The area is largely sand and gravel and that's where people ride. Problems with garbage arise from time to time, but people are generally good about keeping it clean. In conclusion he said this also gives people in the military a place to ride. PATRICK O'CONNOR, Mat-Su LIO, said he has spent most of his life in this area and after 60 some years he accesses the area with a four-wheeler. He stated full support for HB 307 because it costs too much to travel to other parts of the state for similar recreational opportunities. JOE MELIN, Mat-Su LIO, said he uses a wheelchair and it's a lot easier to get around the area in a four-wheeler. He'd like to keep the area open to motorized vehicles and for that reason he supports HB 307. TOM DOMEIER, Mat-Su LIO, said he's used the area since 1974 for hiking, canoeing, dog mushing, and four-wheeling and he supports HB 307 wholeheartedly. He believes that the garbage issue ought to be addressed and he would be happy to volunteer if patrols are needed. 4:32:33 PM VIRGINIA BLAINE, South Knik River resident, expressed concern about what passage of HB 307 will mean to residents of the area. She said that law enforcement and sanitary facilities are desperately needed and there is a problem with indiscriminant shooting and car burnings. Families would use the area if they felt safe, but that isn't the case right now. She said she hopes this beautiful area isn't ruined because legislators didn't envision a better ending. 4:34:25 PM CHAIR WAGONER asked if this designation wouldn't address some of her concerns. MS. BLAINE replied she doesn't read the bill that way. The area is too large for one unarmed officer to patrol and neither sanitary facilities nor the trash issue is addressed. She clarified that she is not opposed to ATV or four-wheeler use. GARY DORSEY, Knik River area resident, said all the complaints he's heard are valid but he hasn't heard any talk about reducing the use of ATV's altogether, just the wild use. He doesn't want to give up using his ATV, but then he doesn't use it to run through salmon streams or to endanger moose calving. Describing the area as dangerous and a place he wouldn't take his family, he said he carries a gun for protection against other people. Noting that this is a beautiful area for all groups to use, he asked legislators to use integrity and non-partisanship to address the concerns. 4:37:27 PM STANLEY CARTER, Mat-Su LIO, said this is a good bill and his consensus is that 75 percent of the people want the area left open. 4:38:18 PM CHARLOTTE SARTOR, Knik River Valley area resident, said she has been a non-motorized user since 1971. She said this a better bill than the original, but she would suggest rewording the section that addresses incompatible use to ensure that all concerns are addressed. [Abbreviated testimony due to poor audio] Good management is long overdue, she concluded. 4:40:37 PM CECILY FRITZ, Chair, Knik River Watershed, said all use should be compatible with the purposes in AS 41.23.180 to ensure the protection of habitat and consider the interests of all user groups. Area residents want to be involved in planning in the adjoining high public use area. She suggested amending page 3, line 13, to help alleviate the residents' fears. CHAIR WAGONER told Ms. Fritz that he is aware that she contacted his office to suggest the amendment and if Senator Huggins finds it to be acceptable, he would probably discuss it with Senator Lyda Green. As co-chair of the Finance Committee and a representative from the area she may be able to accommodate your wishes, he said. 4:42:02 PM SENATOR ELTON said his understanding of the process is that there is a public comment period and a public survey. Following that, DNR will draft a plan and take it out for additional public comment. He said it seems as though the concern addressed in the amendment is addressed in the estimated two-year process that DNR outlined. He asked her to comment. MS. FRITZ responded the wording in the bill is a bit ambiguous in terms of how much flexibility managers will have to address the high use area and nothing in the bill ensures that residents will be part of the planning effort. If the language were improved there would probably be more support for the bill and less opposition. SENATOR ELTON commented that Mr. Mylius described the public process to him and he has found that you can take Mr. Milieus' word to the bank. 4:45:00 PM LYNNE WOODS, Mat-Su Borough assembly member, said since the beginning of her term on the assembly she has heard about land use problems in this area. Residents want a management system that will protect traditional uses such as hunting fishing and mining and provide recreational opportunities. Residents want on the ground enforcement to curb the unsafe shooting and aberrant behaviors. Make sure the residents' concerns are met, she concluded. 4:46:52 PM ERIC UHDE, Public Lands Advocate, Alaska Center for the Environment (ACE), informed the committee that ACE is a grassroots conservation organization that works to protect Alaska's recreational land. ACE is concerned about the Knik River watershed and would argue that resource protection, safety and the high quality of life on the Knik are not major concerns of the Department of Natural Resources. He mentioned that the lack of rules and laws are the result of zero enforcement. Residents put up with gunfire, explosions, burned cars, and ATV misuse. ACE commends Representative Stoltze and Senator Huggins for trying to address the problems on the Knik. However, ACE is asking the committee to back the strong enforcement language with a strong enforcement presence. Throughout the hearings the issue of enforcement has not been disputed. Everyone believes that the situation on the ground is out of control and the problems in the area are too numerous and complex for one unarmed natural resource specialist to tackle. In conclusion Mr. Unde asked the committee to consider strong enforcement and what it would add to the area in terms of peace of mind for local residents and the stewardship of the resource. 4:50:43 PM TODD CLARK, Alaska Outdoor Access Alliance, Palmer, said HB 307 provides a vehicle to develop a management plan to resolve the problems that have been aired today. He suggested that a major point of disagreement is whether the plan set forth in HB 307 would actually address the problems. The point he wants to make is that the bill does get the people that are using the area together to try and solve the problems. Mr. Clark also mentioned a lack of opportunities elsewhere for motorized vehicle use and the wonderful wildlife resources in the area. [Abbreviated testimony due to poor audio.] 4:53:31 PM CHAIR WAGONER closed the public hearing. 4:53:46 PM SENATOR RALPH SEEKINS referenced the section on enforcement authority under Section 41.23.210 and noted that under Title 16 for fish and game, any departmental employee that the commissioner authorizes is considered to be a peace officer. He asked if the same would apply here. MR. MULLIGAN said that's correct. The sponsor specifically reviewed the language from fish and game, but other departments also utilize that language. SENATOR SEEKINS asked for clarification that it is only for the purpose of this chapter. MR. MULLIGAN said yes. SENATOR SEEKINS continued and said according to an attorney general opinion for fish and game, the employee is not a peace officer under AS 01.10.060 and they don't have general authority to enforce all other state criminal law. He questioned whether the intention is to restrict authority to the enforcement of regulations. MR. MULLIGAN said yes. The idea is that the DNR employee would focus on enforcing regulations, but a peace officer as determined by AS 01.10.060 could enforce the regulations as well as the general enforcement duties. SENATOR SEEKINS pointed out a third paragraph in the fish and game language and asked why that fish and game model wasn't followed. MR. MULLIGAN deferred to Mr. Mylius. DICK MYLIUS, Director, Division of Mining, Land and Water, Department of Natural Resources (DNR) said quite honestly they didn't consider that option. SENATOR SEEKINS said since there is joint responsibility for some of the management functions in the area, he would question why DNR wouldn't want a department employee to also have police powers for enforcing the requirements of this chapter. MR. MYLIUS said under paragraph (1) it say that the commissioner can delegate the authority to "an employee of the department or other person authorized by the commissioner." He said that could include DNR. SENATOR SEEKINS agreed and said he was reasonably satisfied. SENATOR CHARLIE HUGGINS said HB 307 places DNR as the lead agency. The difficulty is that most people don't realize that this legislation provides the framework. The bill doesn't mention things such as sanitation because that's not how it works. This is a stepped process. Certainly everyone would agree that the status quo is not acceptable and having someone in charge is a good thing. He said he would continue to work with all interested parties. 5:00:49 PM SENATOR ELTON said he was struck by all the talk about enforcement. He paraphrased page 2, line 10, and noted that the fiscal note talks about the DNR employee who would be in a management position. He asked for clarification that DNR would not be restricted from developing a plan that would call for additional personnel - particularly enforcement personnel. MR. MYLIUS said that's correct. The DNR fiscal note funds the planning effort and then one full-time person dedicated to the area. DNR realizes that one unarmed person cannot address some of the issues in the area; they were just looking at DNR staffing needs to start planning and get an on-the-ground presence in the area. This gets the ball rolling and through the planning process it identifies potential solutions, which could involve additional enforcement. 5:02:43 PM SENATOR SEEKINS moved to report CSHB 307(RES) from committee with individual recommendations and attached fiscal note(s). There being no objection, it was so ordered.