SENATE TRANSPORTATION February 21, 1995 1:35 p.m. MEMBERS PRESENT Senator Steve Rieger, Chairman Senator Lyda Green Senator Al Adams Senator Georgianna Lincoln MEMBERS ABSENT Senator Robin Taylor, Vice Chair COMMITTEE CALENDAR SENATE BILL NO. 34 "An Act amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system." PREVIOUS SENATE ACTION No previous action to record. WITNESS REGISTER Senator Duncan State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Prime sponsor of SB 34. Bill Garry, State Park Manager for Southeast Alaska Division of Parks Department of Natural Resources 400 Willoughby Juneau, Alaska 99801 POSITION STATEMENT: Discussed the proposed Channel Islands Marine Park and stated the support of DNR. Cristi Herren State Parks Advisory Board 427 West 11th Street Juneau, Alaska 99801 POSITION STATEMENT: Suggested that the Division of Parks & Recreation manage the Channel Islands Marine Park. Nancy Waterman Juneau Parks & Recreation Advisory Committee Box 20993 Juneau, Alaska 99802 POSITION STATEMENT: Supported the Channel Islands Marine Park and the Division of Parks & Recreation as management. Amy Skilbred Juneau Audubon Society 4477 Abby Way Juneau, Alaska 99801 POSITION STATEMENT: Supported SB 34. Sue Schrader Juneau Kayak Club Juneau Area State Park Advisory Board 10780 Mendenhall Loop Juneau, Alaska 99801 POSITION STATEMENT: Supported the Channel Islands Marine Park. Cliff Lobaugh Tax Payer 3340 Fritz Cove Juneau, Alaska 99801 POSITION STATEMENT: Supported the Channel Islands Marine Park. Jim King Juneau Resident 1700 Branta Road Juneau, Alaska POSITION STATEMENT: Suggested that the Channel Islands Marine Park would be a gift to the next generation. Kristi Lear Juneau Resident Juneau, Alaska POSITION STATEMENT: Supported maintaining the islands for recreational use. ACTION NARRATIVE TAPE 95-4, SIDE A STRA - 2/21/95 SB 34 MARINE PARKS ADDITIONS/CHANGES  Number 005 CHAIRMAN RIEGER called the Senate Transportation meeting to order at 1:35 p.m. and introduced SB 34 as the only order of business before the committee. SENATOR DUNCAN, prime sponsor, explained that SB 34 would establish the Channel Islands State Marine Park. The islands in the Marine Park were chosen for their recreational value to boaters in the Juneau area. He noted that the Juneau Parks Advisory Board has recommended that these islands be placed in a marine park status in order to preserve them for public use. Similar legislation was introduced in 1991. Senator Duncan pointed out that those non-private portions of Shelter Island not already in a marine park status would be incorporated into the Channel Islands Marine Park. He emphasized that there would be no private land within the proposed boundaries of the park. Marine park status would allow preservation of the natural, cultural, and scenic values of these islands as well as continuing lawful uses of the areas, such as fishing and hunting. He mentioned his belief that a network of marine parks along the Inside Passage would prove beneficial to all boaters. Senator Duncan stated that the State Division of Parks had indicated that the Channel Islands could be monitored with existing or volunteer staff therefore, a zero fiscal note resulted. He noted that HB 91 sponsored by Representative Robinson is similar legislation. CHAIRMAN RIEGER inquired as to the location of the private land holdings. Number 091 BILL GARRY, State Parks Manager for Southeast Alaska, used a map to indicate the boundaries of the proposed marine park. He noted that Shelter Island had two private parcels of five acres each within the original state marine park and this bill would not change those parcels. There is no conflict with these private parcels. SENATOR GREEN asked how the land for the proposed Channel Islands Marine Park is being used currently. SENATOR DUNCAN said that the islands are used for recreation and wildlife viewing. Number 138 CRISTI HERREN, Juneau State Parks Advisory Board member, supported designating these islands as parks. Historically, these islands have been regarded by the state as public recreation areas. She noted that the land is currently owned by the state. She expressed that the Juneau State Parks Advisory Board feels that the Division of Parks & Recreation would best manage the proposed marine park. The Division of Parks & Recreation have staff already trained in dealing with user conflicts and resource degradation with personnel and equipment available for these tasks. Low level management could begin immediately. She also noted the extensive volunteer support of the Division of Parks & Recreation which could offer a more cost efficient approach. She concluded by urging the committee to support the management of the Channel Islands Marine Park by the Division of Parks & Recreation . NANCY WATERMAN, representing the Juneau Parks & Recreation Advisory Committee, stated their support of the Channel Islands State Park with the appropriate management being the Division of Parks & Recreation. Number 187 AMY SKILBRED, Juneau Audubon Society, stated support of SB 34 from the society. She pointed out that the proposed lands have the characteristics of a state park. She explained that permitting some of the use of these lands would allow groups such as the Juneau Audubon Society to volunteer their time. BILL GARRY noted the Department of Natural Resources' support for SB 34. CHAIRMAN RIEGER asked if there would be any fees charged for the use of the islands; would the fees be similar to those used in Southcentral Alaska? BILL GARRY explained that currently there are no facilities on the islands which eliminates the possibility of fees. Mr. Garry stated that there was no plan to charge fees. The islands would be managed in a passive manner with signs and public information in the local newspaper. SENATOR GREEN thought that the management Mr. Garry described seemed to involve some cost. BILL GARRY specified that the fiscal note was written with the knowledge that perhaps a $1000 worth of signs would be needed. Mr. Garry felt that the cost could be obtained through donations. SENATOR GREEN pointed out that within the state much of the recreational land set aside with planned systems have resulted in the charging of fees. She asked if another area should be created that would not be maintained or kept in line with the user's interests. BILL GARRY said that maintaining the islands in their present state would require minimal effort. Number 260 SENATOR GREEN expressed difficulty in realizing what difference SB 34 would have in regards to what currently happens on the land. BILL GARRY stated that there was no intention of changing anything besides offering information regarding the appropriate land use. Without the Division of Parks & Recreation management, there would not be a volunteer effort and the need for that is present. SENATOR GREEN asked if there was any current manner in which certain usage of the land could be prohibited. BILL GARRY asserted that there is no law to prohibit any types of usage, such as cutting timber. If the land becomes a park, then there would be laws to eliminate and punish such drastic behavior. CHAIRMAN RIEGER inquired as to the rules applying to undesignated state land. BILL GARRY explained that individuals could build temporary structures for approximately 10-14 days before a permit from the Division of Land would be required. Mr. Garry continued by pointing out that undesignated state land would not be available for disposal; however, without park status an individual could apply for a lease for whatever use. Mr. Garry noted that the Division of Land operates under AS 38 which have civil penalties while the Division of Parks operates under Title 41 which require criminal sanctions of violations. Criminal sanctions would be a direct manner in which to deal with catastrophic problems. SENATOR ADAMS asked if there was any known opposition to placing the islands in marine park status versus private land holdings. BILL GARRY said that he had heard of desires to dispose of the land, but no one had spoken to him directly. Number 316 SUE SCHRAEDER, Juneau Kayak Club and Juneau State Parks Advisory Board, informed the committee of the growing interest in recreational activities on or about these islands. There is a great need for recreational opportunities in Southeast Alaska. She felt that increased recreational opportunities would be created with the Channel Islands Marine Park. She indicated that the Channel Islands Marine Park could help form an entire system of marine parks up to Puget Sound. She urged the committee to designate these islands as state parks so that all Alaskans could benefit. CLIFF LOBAUGH, local resident, stated that the proposed Channel Islands Marine Park would benefit everyone. He did not know of any public, private or corporate interest in this area who have openly opposed this legislation. The user population for these islands is diverse. He noted possible concerns with the timber on Shelter Island which in the past and present has be recommended for roadless recreation because the recreational value far outweighs the timber receipts. Another possible controversy could be over regulation by the state. He pointed out that comfort stations on these islands would probably wash away during 20 foot tides. Mr. Lobaugh did not see the need for a fiscal note; policing could be done by Fish and Game when they are in the area as well as the Coast Guard. He asserted that if the legislature could not pass this simple legislation that has no opposition, perhaps, the legislature does not have the ability to pass any meaningful legislation. He noted a request to incorporate Spuhn Island into the Channel Islands Marine Park. SENATOR ADAMS inquired as to why Spuhn Island was not incorporated into this legislation. BILL GARRY explained that the majority of Spuhn Island is private land with only a few small parcels of state owned land on the western southwest end of the island. Those parcels have been selected by the City and Borough of Juneau. The state did not have any long-term outlook for this land. Number 405 JIM KING, Juneau resident, said that he had used these islands recreationally and for fishing and such for over thirty years. He indicated that areas like these islands are a portion of the lifestyle of Alaska. He recognized that the population of the U.S. is increasing as well as the population of Juneau. This increased population can also be felt in the increased use of the islands in the proposed park. He supported having the services provided by State Parks in order to regulate and maintain the islands. The Channel Islands Marine Park could be viewed as a gift to the next generation. KRISTI LEAR, Juneau resident for 22 years, recounted her usage of the islands as she grew up. She reiterated the concerns of increased usage which also increases trash and the cutting of trees for firewood. There should be some supervision in order to preserve and maintain these islands. CHAIRMAN RIEGER asked Ms. Lear if she thought that users would support a fee to pay for trash removal. KRISTI LEAR felt that users would not have a problem with a user fee if collection was made simple. CHAIRMAN RIEGER stated that public testimony on adding Spuhn Island to the proposed Channel Islands Marine Park would be necessary in order to avoid creating a windfall for private landholders. Number 470 SENATOR LINCOLN pointed out that SB 34 would be heard by four committees. Witnesses should be prepared to testify again as the bill goes through the committee process. She supported SB 34, but indicated that the four committee assignments could pose difficulties. CHAIRMAN RIEGER requested that the Division of Parks & Recreation and Senator Duncan review the possibility of a user fee for the Finance Committee hearing. SENATOR DUNCAN said he did not mind reviewing a user fee, but should it be a system for all marine parks? CHAIRMAN RIEGER expressed a desire to have that information. SENATOR GREEN inquired as to the possibility of new restrictions on these islands if they are placed in marine park status. SENATOR DUNCAN did not see any changes in the availabe uses of the islands. SB 34 would attempt to eliminate the misuse of the islands and create a type of oversight management with the information Mr. Garry spoke to earlier. BILL GARRY explained that currently, all the marine parks have, according to statute, maintained and preserved all existing uses of such areas. There is no intention to limit existing lawful uses of park areas. SENATOR ADAMS moved that SB 34 be moved out of committee with individual recommendations. Without objection, it was so ordered. There being no further business before the committee, the meeting adjourned at 2:16 p.m.