HB 144-REPORT ON FISHING STREAM ACCESS  5:49:09 PM CHAIR THOMPSON announced that the final order of business would be HOUSE BILL NO. 144, "An Act requiring the Department of Natural Resources annually to deliver to the legislature and the governor a report on fishing stream access." 5:49:20 PM REPRESENTATIVE LES GARA, Alaska State Legislature, speaking as the prime sponsor, introduced HB 144, stating that it directs the Department of Natural Resources (DNR) to provide the legislature with assessments of public access and in the process scrutinize, and identify fishing streams that may require easement negotiations. 5:52:43 PM REPRESENTATIVE AUSTERMAN clarified that the bill requires the department to provide a report, but does not require action be taken regarding access to fishing streams. REPRESENTATIVE GARA explained that it is a request to have the department report on whatever plans exist for maintenance and enhancement of public access. Basically, it is a gentle prod to the agency to perform a statutory duty. REPRESENTATIVE AUSTERMAN opined that the bill should contain a request to have the department identify areas of concern, regarding stream access, and purchase private property where applicable. He noted that the Copper River area is of particular concern. REPRESENTATIVE GARA said the intention of the bill is stated on page 1, line 11, and paraphrased the language, which read: (2) stating the department's objectives for enhancing and maintaining access to and along fishing streams by the public in the upcoming year. REPRESENTATIVE GARA stated that the department is currently authorized to make easement purchases; however, a previous bill, which mandated that the department negotiate access acquisition proved to be too cumbersome. The goal is the purchase of easements, and some lands are covered by the 1970 law which requires DNR to maintain public easements along, and to, rivers; however, a significant category of land is not included, such as the Alaska National Interest Lands Conservation Act (ANILCA) disbursements. 5:56:20 PM CHAIR THOMPSON asked how much right-of-way is allowed along a river between the high watermark and the bank. REPRESENTATIVE GARA responded that HB 144 does not contain a mandated measure, and he deferred to the department to comment on the existing law. 5:56:50 PM ED FOGELS, Deputy Commissioner, Department of Natural Resources (DNR), said that the 1970 "too and along" statute allows a 50 foot easement, and said that parcels exist without specified easements. 5:57:37 PM REPRESENTATIVE AUSTERMAN questioned the use of the term "enhancing" and what meaning it conveys to the department. MR. FOGELS stated his understanding that enhancing connotes an action for purchase, acquisition, and negotiation of easements. 5:58:59 PM MARK HUBER, President, Alaska Fly Fishers, stated support for HB 144, indicating that the bill will benefit all Alaskans who desire to gain access to fishing resources. He reported that stream access has been an issue throughout the western states, and has resulted in court battles, some of which have progressed to the U.S. Supreme Court. The bill is a pro active step to provide stream access, at no additional cost to the state. 6:01:16 PM REPRESENTATIVE JOHNSON asked for the department's position on HB 144. MR. FOGELS replied that DNR has not taken an official position. In response to a committee member, Mr. Fogels said the reporting costs will not be significant, hence the zero fiscal note. 6:03:29 PM REPRESENTATIVE AUSTERMAN noted that access enhancement may include the purchase of land, and questioned the zero fiscal note. REPRESENTATIVE GARA clarified that the bill requests the department to identify access areas. However, if a purchase is necessary to ensure that access, a request will be brought before the legislature for approval and funding. CHAIR THOMPSON closed public testimony. 6:05:03 PM REPRESENTATIVE JOHNSON pointed out the letters of support in the committee packet. REPRESENTATIVE GARA highlighted the written endorsement from the Kenai River Sportfishing Association. 6:06:16 PM REPRESENTATIVE JOHNSON moved to report HB 144 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection HB 144 was reported from the House Special Committee on Fisheries.