Alaska Conservation Voters

Conservation Watch

Alaska Conservation Voters
works to protect Alaska's environment through public education and advocacy, and supports pro-conservation candidates for public office.

Conservation Watch (CW) is a weekly publication of ACV highlighting conservation issues in the AK Legislature.

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Contributing Editors

Suzanne Bostrom
Legislative & Communications Manager
suzanne@akvoice.org

David Rogers
ACV Lobbyist

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ACV- Juneau
419 6 th Street, #321
Juneau, AK 99801
(907) 463-3366
(907) 463-2554 fax

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ACV- Anchorage
810 N Street #203
Anchorage, AK 99801
(907) 258-6171
(907) 258-6177 fax

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Web Resources

ACV Legislation Page
Bill position papers, back issues of Conservation Watch, and legislative updates

Legislative BASIS
Current bill text, history & committee schedules

Legislature Homepage
Find Your Legislators, party links, committee lists

State Homepage
Links to state agencies and the Governor

 ACV Homepage

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In This Issue

• Easement Does It: Recreational Use Bills Forge Ahead
• Applications Now Available for ACV's Legislative Fly-In
• Action Briefs
  • On the Move
  • New in Town
• Hearings this Week

Nearly a month has passed and this brand new Legislature is tentatively moving forward. Ethics bills are getting the most attention, budget subcommittees are up and running and both bodies are still talking seriously about trying to get out in 90 days. As part of a number of items that have been making their way through the Legislature this session, a handful of bills are on the table that deal with preserving the public’s ability to recreate and access lands that are in private hands.

HB40 and SB71, sponsored by Rep. Gara (D-Anchorage) and Sen. French (D-Anchorage), are proactive measures that encourage the Department of Natural Resources and Fish and Game to identify private land along fishing streams where public access may be lost if the land is developed. The Commissioner of DNR could then take action, as funding is available, to negotiate for voluntary land sales, easement purchases and land trades with private property owners before lands are developed and access is blocked. An annual plan for these proposed acquisitions must be submitted to the Legislature each year.

Many states have allowed private development to occur without the foresight to protect public access to fishing streams. In states such as Montana, where large developments and private property owners have attempted to block the public from reaching popular sport fishing sites, legal disputes and access battles have raged. Alaska has an opportunity to avoid making the same mistakes by taking strong steps now to ensure public access. Some of the targeted trout, grayling and salmon streams where access may be lost are on the Kenai Peninsula, where long stretches along Deep Creek and the Anchor River are lined with private land, in the Mat-Su Valley at Montana Creek, the Salcha River near North Pole, and streams such as Willow and Goose Creek along the Parks Highway.

While many of the lands in question are currently in private ownership and are legally off limits, they are currently undeveloped and many property owners have not restricted access. HB40 and SB71 address the possibility (and inevitability) that the land will be developed in the future, which will take away public access. By creating easements in key areas prior to development, the state will preserve the public’s ability to fish and recreate in many of Alaska’s most popular road-accessible streams.

HB40 moved with strong support from House Resources last week and has now been referred to House Finance. Last session, a version of the bill, HB37, passed in the House and received widespread support from recreational users and sport fishing groups but died in the Senate.

On a related front, Rep. Seaton’s HB25 encourages recreational use of private lands by protecting landowners that allow free public access to their property. A widespread range of groups and individuals have come out strongly in support of the bill, including recreational users, trail advocates, conservation groups, city boroughs, the Alaska Chamber of Commerce, the National Rifle Association and others. A similar version of this bill, HB415, made it through the House last year with a unanimous vote but died in the Senate. While there has been some debate over legal definitions and details in the bill, HB25 appears to be on a roll and has already made it through House Resources and Judiciary. It is now in House Rules and we expect it to be scheduled for a vote on the House Floor in the near future.

HB25 addresses a gap in current state law to directly address recreational use of private lands. Though Alaska’s Recreational Activities statute (AS 09.65.290) passed in 2003, it primarily addressed commercial operators. Likewise, Alaska’s unimproved land statute (AS 09.65.200) covers some land owners, but it is difficult to determine whether or not certain lands qualify as “unimproved.”

HB25 eliminates questions over liability for landowners that allow free access to their lands by specifying that they do not owe (1) a duty to keep the land safe for use, (2) a duty to warn users of unsafe conditions, or (3) a duty to restrict use of their land for recreational purposes (assuming the landowner does not act intentionally or recklessly or is grossly negligent). Alaska is currently one of only five states that do not address all of these issues directly in their laws. Rep. Seaton’s bill will clarify the relationship between landowners and recreational land users in Alaska’s law and will encourage landowners to allow the public free recreational use of their lands.

As the session continues, ACV will be tracking these important bills. We commend Representatives Seaton, Gara, Wilson, Hawker and Ramras as well as Senators French and Ellis for their support of these bills to encourage responsible planning and public access to Alaska’s treasured recreational resources.

Speak out!--
Tell your legislator you support protecting public access to Alaska’s recreational resources for current and future generations and urge passage of HB25, HB40 and SB71. For information on how to contact your legislator, go to: http://w3.legis.state.ak.us/infodocs/WHOSEWHO2007.pdf. To look up your district or legislator’s names, visit the “Districts” page of the Alaska Legislature’s website.

Applications are now available for this year's ACV Legislative Fly-In in Juneau. The 2007 ACV Fly-In will take place from Sunday, March 11 through Tuesday, March 13. The event provides participants with an opportunity to develop their knowledge of conservation issues in Alaska, network with other like-minded Alaskans, meet with their legislators, and build up their skills on how to make their voice heard at the capitol and in any campaign! The Fly-In is intended to be one part learning, one part practicing, and one part hands-on experience in our state capitol for anyone who is--or aspires to be--a conservation activist or advocate.

So who can apply to go? Your sassy activist grandmother! Actually, anyone interested in learning more about conservation issues and how to make a difference is welcome to apply. ACV enthusiastically invites conservation-minded Alaskans of all levels and all interests to apply.

As the sponsor of the Legislative Fly-In, the Alaska Conservation Voters offers reimbursement for most travel expenses, lodging while in Juneau, and one meal a day. For more details, check out the Fly-In Application.

To register, please return your application to Suzanne at suzanne@akvoice.org or fax it to (907) 463-2554. Space is limited, so interested parties are strongly encouraged to submit their applications as soon as possible.

To download an application, go here.

Want more information? Contact Suzanne Bostrom, Legislative Manager, at (907) 463-3366 or suzanne@akvoice.org with questions.

HB 25 Recreational Land Use Liability - Rep. Seaton (R-Homer)
As discussed above, HB25 provides landowners with immunity from lawsuits for allowing their land to be accessed for recreational purposes. It moved from House Judiciary this week and has been referred to House Rules for scheduling on the floor. While there was much debate over the definition of what it means to “indirectly allow” a person to access your property, the Judiciary Committee decided to move the bill from committee without altering that language.

HB26 Geoduck Aquatic Farm Exemption - Rep. Seaton (R-Homer)
HB26 moved from House Fisheries this week and will be heard next in House Resources. The bill deals with geoduck aquatic farming and says that the Commissioner of Fish and Game may not use the absence of wild geoduck clams in a particular area as a reason for denying an aquatic farm permit. The bill also allows a certified hatchery to transfer geoduck seed to an aquatic farm located in an established fisheries management area that is contiguous to the Gulf of Alaska. In response to one significant concern, an amendment was adopted in Fisheries to ensure that farms are located in subtidal rather than intertidal zones. Fish & Game and others still have big problems with the bill. They contend that there is not enough scientific information available to adequately evaluate potential impacts of introducing fertile geoducks into areas where they are not native.

HB41 Transfer Habitat Division from DNR to F&G - Rep. Gara (D-Anchorage)
HB41 was heard and held in House Resources on Friday, February 9, and will be back up again on Monday, February 12 at 8:30 a.m. to allow for public testimony and further discussion. A February 8 letter from Governor Palin was also discussed where she states that the Administration will not be pursuing an executive order to reverse former Governor Murkowski’s original action to move the Habitat Division from F&G to DNR. While she acknowledged that the habitat functions “perhaps” should never have been transferred in the first place, she and her DNR and Fish and Game commissioners concluded that the Habitat Division appears to be meeting their statutory duties under DNR and another move would be disruptive. However, she has requested the Commissioners of F&G and DNR to review an existing memorandum of understanding that outlines the roles and responsibilities of each agency with respect to protecting fish and wildlife habitat and to recommend any amendments necessary to balance resource development with resource protection. The transfer back to Fish and Game was supported by the Fish and Game transition team.

HB74 Ban Mixing Zones in Spawning Areas - Rep. Seaton (R-Homer)
HB 74 was heard and held in House Fisheries this week. We expect this bill to be back on the table Monday, February 12. At the hearing, Seaton proposed an amendment to further clarify that the bill is intended to ensure year-round habitat protection (and close the “time window” loophole in current rules) and to clarify that the exemption for placer miners is for turbidity only. We were also pleased to see this week that Representative Wilson (R-Wrangell) added her name as a co-sponsor to HB74.

HB 87 Citizen's Advisory Committee on Federal Areas - Rep. Kelly (R-Fairbanks)
HB87 was heard and held in House Finance this week for additional consideration and possible amendments. The measure would re-establish a Citizens’ Advisory Committee on Federal Management Areas and calls for the House Speaker, Senate President and the Governor to appoint a mix of 8 individuals that are “representative of the diversity of users and uses of federal land in the state,” along with 4 legislators (two from each body appointed by the Speaker and President).

SB46 Coastal Management Program - Sen. Olson (D-Nome)
SB46 passed the Senate on reconsideration (18 for, 2 against). It has been transmitted to the House, referred to House Resources and will be heard on Monday, February 12. SB46 extends the March 1 deadline for completion and approval of district plans to September 1. With 9 out of 30 coastal management district plans still being revised or under review and with 3 requesting mediation, it is unlikely that several districts will be able to meet the current deadline. SB46 provides the coastal management districts with the time necessary to complete the revisions necessary to comply with the previous administration’s Coastal Management Program changes before the termination of their existing plans. We expect it to continue to move swiftly.

SB80 Oil and Gas Production Tax: Expenditures - Sen. Wagoner (R-Kenai)
SB80, which was introduced on Friday, February 9, is designed to keep oil companies from deducting facility maintenance costs that are a result of negligence. The bill essentially closes loopholes that could make the state ultimately pay the costs of replacing improperly maintained equipment. With the millions of dollars in costs for repairing the miles of corroded Prudhoe Bay pipeline, lawmakers are concerned that BP will try to pass the expenses back to the state through the deductions and tax credits allowed by the new Petroleum Production Tax. With a bipartisan group of 14 Senators signed on as co-sponsors to Senator Wagoner’s bill, this bill has legs.

Hearings this Week

Click on the date in the table below to get the most current schedule information for that day, or check the BASIS hearing schedule. Once a bill has been heard in a particular committee it may be brought up again without public notice or listing on the weekly committee schedule. You can click on a committee name to see a list of its members.