HB 37-PUBLIC ACCESS TO FISHING STREAMS 8:41:49 AM CO-CHAIR THOMAS announced that the first order of business would be HOUSE BILL NO. 37, "An Act relating to public access to fishing streams." CO-CHAIR LEDOUX moved to adopt committee substitute for HB 218, Version 24-LS0284\I, Bullock, 4/14/05. There being no objection, Version I was before the committee. 8:42:00 AM REPRESENTATIVE LES GARA, Alaska State Legislature, as sponsor explained that Version I has a few changes from the original bill. First, the title on page 1, line 1 was changed in order to clarify that the bill only applied to voluntary land trades and purchases. Second, page 1, lines 7-9 were added to further clarify that that this would be a voluntary program. Third, subsection (c) from the original bill, regarding sale price negotiations "without regard to the fair market value of the land or easement" was deleted in Version I. Fourth, language was added on page 4, lines 9-10, which says, "The right of eminent domain may not be exercised to acquire land or interest in land under this section." Lastly, lines 20-23 were added on page 4, which say: Within 60 days after receiving a written request from a landowner requesting the removal of the landowner's land from the list to be acquired under the plan, the commissioner shall remove the landowner's land from the list, even if the removal leaves less than two meander miles along fishing streams. 8:43:57 AM REPRESENTATIVE ELKINS commented that HB 218 works well in conjunction with HB 252, which would fund the construction of new hatcheries. He said, "It doesn't make much sense to produce more fish and not take some effort to try to allow people access to the waters where the fish are going to be planted." 8:44:36 AM REPRESENTATIVE LEDOUX pointed out that on her copy of the bill, someone had crossed out the word "shall" and handwrote the word "must" on page 5, line 2. She asked why this was so. REPRESENTATIVE GARA replied that he wasn't sure why it was so altered. 8:45:09 AM REPRESENTATIVE WILSON clarified that the words "shall" and "must" don't mean the same thing and commented that statutes usually contain the words "shall" or "may." She said, "I don't like the word 'must.'" She noted that on page 4, line 9, the word "may" is used. 8:46:07 AM RICKY GEASE, Kenai River Sport Fishing Association, testified in support of HB 218. He agreed that HB 252 and HB 218 are related, and said, "If we're going to put more fish in places, we need to have access to those places." 8:47:05 AM DOUGLAS REYNOLDS testified in support of HB 218. He said, "I think it's very important to have additional access to the streams, especially on the Kenai [River]...." He noted that he is a fly fisherman, and he opined that "combat fishing" reduces the aesthetic experience of fishing. He said, "I feel that ... opening up these areas would give a better experience for fishing." CO-CHAIR THOMAS closed public testimony. 8:49:01 AM REPRESENTATIVE ELKINS moved to report the committee substitute for HB 37, Version 24-LS0284\I, Bullock, 4/14/05, out of committee with individual recommendations and the accompanying fiscal notes. 8:49:22 AM REPRESENTATIVE SALMON objected. 8:50:08 AM A roll call vote was taken. Representatives Elkins, Kapsner, LeDoux, and Thomas voted in favor of the bill. Representative Salmon voted against it. Representatives Harris and Wilson were absent. Therefore, CSHB 37(FSH) was reported out of the House Special Committee on Fisheries by a vote of 4-1.