CSHB 37(FIN)am -PUBLIC ACCESS TO FISHING STREAMS    4:14:23 PM CHAIR THOMAS WAGONER announced CSHB 37(FIN)am to be up for consideration. He said that his main concern is exactly what type of access it provides. Certain groups, not necessarily the State of Alaska, have spent a lot of money repairing stream banks damaged by individual fishermen wanting access. He knew of two or three places on the Kenai River that were closed to access because they are very important to smolt habitat. REPRESENTATIVE LES GARA, sponsor of HB 37, said that it addresses two separate issues. He explained that both the Alaska Department of Fish and Game (ADF&G) and Department of Natural Resources (DNR) have the right to deny public access if damage is being caused and nothing in this bill would change that - that could even be emphasized in this bill. He did not intend to say the public always has to have access regardless of whether they are causing damage to a riverbank. SARAH GILBERTSON, Special Assistant, Alaska Department of Fish and Game (ADF&G), said she couldn't find anything in statute on that issue, but she learned that in maintaining access, ADF&G tries to do so in a habitat-friendly manner and the Kenai River is under the Upper Cook Inlet management plan. 4:19:54 PM SENATOR KIM ELTON said he assumed, with the permissions of this bill, that the ADF&G would be identifying areas to seek to find common ground on providing access. He assumed that process would include a decision prior to making any kind of an offer on access as to whether or not habitat degradation would occur. He assumed that meant that anyplace the department thought had habitat degradation wouldn't be prioritized as an area needing access and would focus on areas in which degradation was less likely to occur. MS. GILBERTSON replied that that language could be put in the bill if the sponsor supported it. REPRESENTATIVE GARA explained that since the state is the landowner, Department of Natural Resources would, in consultation with the Department of Fish and Game, decide what areas needed to be protected. AS 38.05.035 gives ADF&G the power to regulate access and habitat protection and that language could be clarified in the bill. 4:22:15 PM SENATOR BERT STEDMAN said he was not comfortable with this bill. For example, language on page 2, line 4, says that private land ownership prevents public access to a section or waterway that is highly desirable for fishing or other recreational attributes. "Recreational attributes" is broad language and he was concerned about potential abuses. Also, he wanted to see more property privatized rather than the other way around. 4:23:39 PM CHAIR WAGONER said that the state can already determine that an area does not have enough public access and acquire property through the right of eminent domain. But he was having a tough time with the idea of taking land out of private hands and putting it into public hands and taking it off the tax rolls. 4:24:31 PM REPRESENTATIVE GARA responded that overall he understood the tax issue and the need to get more land into private hands, but that doesn't mean the state shouldn't protect public access. Language on page 2, line 16, asks the department to focus on undeveloped lands that aren't doing much for the tax rolls anyhow. Making access available would benefit the state in other ways. 4:25:55 PM SENATOR FRED DYSON asked if an easement would increase a property's value. REPRESENTATIVE GARA explained that the value of surrounding land would go up because of additional access. He added that acquisition of land is completely voluntary. CHAIR WAGONER remarked that there is a lot of litter and noise along public accesses. 4:29:11 PM REPRESENTATIVE GARA explained that he is just asking the state to identify at least two linear miles (from about 100,000 miles) of riverbank, which he thought would take 10 to 20 years to buy. Three areas have been identified already - Montana Creek, the Anchor River and the Salcha River. The bill also focuses on undeveloped areas so land should be cheaper to purchase. CHAIR WAGONER asked if those streams have problems currently. REPRESENTATIVE GARA replied yes, problems are developing on Montana Creek. He was not talking about the Kenai River and said he could exempt it in this bill, but rather small streams that can't be floated down where people have to stop on the gravel bars. 4:31:41 PM SENATOR STEDMAN was concerned that "initial list" on page 3, line 26, carried the potential of abuse since that applied to any stream in the state with fish in it. REPRESENTATIVE GARA responded that the bill's intent is to do just the opposite. He reiterated that the state can exercise eminent domain anywhere now, but this bill says to only prioritize two miles for access and to focus on undeveloped lands, basically staying away from developed properties that are way to expensive to spend state money on. Language on page 2, line 18, says the state should focus on the "greatest potential for public recreational and subsistence use." SENATOR STEDMAN said he didn't see that language in the bill. Clearly the initial language includes any stream that has fish in it. Also, language on page 3, line 13, says the plan must include a minimum access - not less than a total of two linear miles. So it could be greater than two linear miles. REPRESENTATIVE GARA responded that he didn't think the state would identify more than two miles since it's expensive to survey and government would resist spending the money to identify a 100-mile list of lands when it doesn't even have the money to buy the first two miles. SENATOR ELTON said he can see both sides, but he envisioned this process would be more community-based. 4:38:22 PM REPRESENTATIVE GARA replied that the bill provides for public comment. He added that the only lands that are being bought back now are the ones that resource groups have identified for purchase. 4:39:29 PM CHAIR WAGONER said he would hold the bill for further study.