Legislature(2017 - 2018)

2017-02-15 House Journal

Full Journal pdf

2017-02-15                     House Journal                      Page 0266
HB 130                                                                                                                        
HOUSE BILL NO. 130 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the Izembek State Game Refuge, Cape                                                                    
     Newenham State Game Refuge, Palmer Hay Flats State Game                                                                    
     Refuge, Port Moller Critical Habitat Area, Egegik Critical Habitat                                                         
     Area, Pilot Point Critical Habitat Area, Fox River Flats Critical                                                          
     Habitat Area, Kachemak Bay Critical Habitat Area, and Dude                                                                 
     Creek Critical Habitat Area; and providing for an effective date."                                                         
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Fish & Game                                                                                                  
2.  Zero, Dept. of Fish & Game                                                                                                  
                                                                                                                                
The Governor's transmittal letter dated February 14 follows:                                                                    
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to certain State game                                                           

2017-02-15                     House Journal                      Page 0267
refuges and critical habitat areas (collectively called special areas),                                                         
namely Izembek State Game Refuge, Cape Newenham State Game                                                                      
Refuge, Palmer Hay Flats State Game Refuge, Port Moller Critical                                                                
Habitat Area, Egegik Critical Habitat Area, Pilot Point Critical Habitat                                                        
Area, Fox River Flats Critical Habitat Area, Kachemak Bay Critical                                                              
Habitat Area, and Dude Creek Critical Habitat Area.                                                                             
                                                                                                                                
The bill would correct technical errors or minor omissions in the legal                                                         
boundary descriptions of eight legislatively-designated special areas                                                           
and would incorporate parcels of land adjacent into another critical                                                            
habitat area. Egegik, Pilot Point, and Port Moller Critical Habitat                                                             
Areas have either typographical errors in the original legal                                                                    
descriptions from the 1970s, or were described from a map with a                                                                
typographical error. The bill would shift the boundaries to correct                                                             
these errors with no net change in acreage. Izembek State Game                                                                  
Refuge, Cape Newenham State Game Refuge, and Fox River Flats                                                                    
Critical Habitat Area have small tideland areas within their larger                                                             
boundaries that were likely excluded from the original legal                                                                    
description due to the mapping of shorelines at the time the areas were                                                         
created. The bill would incorporate omitted areas by adding 778 acres                                                           
to the Izembek State Game Refuge, 415 acres to the Cape Newenham                                                                
State Game Refuge, and 285 acres to the Fox River Flats Critical                                                                
Habitat Area. Palmer Hay Flats State Game Refuge has small portions                                                             
of abandoned and current stream channels that were initially excluded                                                           
from the refuge due to platted descriptions of streambanks. By adding                                                           
these lands, the bill would add 398 acres to the Refuge. Kachemak                                                               
Bay Critical Habitat Area has a small portion of tidelands that appears                                                         
to have been inadvertently excluded from the statutory description.                                                             
The bill would incorporate 230 acres of tidelands into the critical                                                             
habitat area.                                                                                                                   
                                                                                                                                
Through the aforementioned amendments, the bill would:                                                                          
    (1) correct errors and properly describe areas intended for habitat                                                         
         protection;                                                                                                            
    (2) eliminate the confusing patchwork of land status within these                                                           
         refuges and critical habitat areas;                                                                                    
    (3) create contiguous, inclusive boundaries that better reflect the                                                         
         original legislative intent of the designations;                                                                       

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    (4) remove lands inadvertently included in critical habitat areas                                                           
         that were not appropriate for habitat protections, and eliminate                                                       
         permitting requirements for such lands; and                                                                            
    (5) clarify management and enforcement of the applicable statutes                                                           
         and regulations governing the subject special areas.                                                                   
                                                                                                                                
In addition, the bill would add several tracts of wetlands, consisting of                                                       
approximately 1,439 acres, to the Dude Creek Critical Habitat Area.                                                             
These tracts of lands are located adjacent to the current boundaries of                                                         
the Dude Creek Critical Habitat Area and were acquired by The                                                                   
Nature Conservancy in 2004 from the Alaska Mental Health Trust                                                                  
Authority through the U.S. Fish and Wildlife Service's National                                                                 
Coastal Wetland Conservation Grant Program and then donated to the                                                              
State of Alaska specifically for the purpose of becoming part of the                                                            
Critical Habitat Area. After acquiring title for these parcels in 2004,                                                         
the Alaska Department of Natural Resources issued full management                                                               
authority to the Alaska Department of Fish and Game (ADF&G) to                                                                  
manage the lands consistent with the conservation purposes for which                                                            
the State acquired the property and with the policies of the Dude Creek                                                         
Critical Habitat Area. The bill would give ADF&G the authority to                                                               
effectively regulate these parcels and would be the final step in this                                                          
cooperative process between State, local, and federal agencies.                                                                 
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"