Legislature(1993 - 1994)
02/28/1994 08:15 AM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 426 - Chickaloon Flats Critical Habitat Area REPRESENTATIVE CON BUNDE, PRIME SPONSOR, said there is a committee substitute for HB 426 before the committee. He added that the committee folders contain a map showing the location of the area, as there has been confusion on where the Chickaloon Flats are actually located. He said the Chickaloon Flats are the mud flats directly across and south of the Anchorage Potter Creek area. HB 426 adds the Chickaloon Flats area to two areas which have already been declared critical habitat areas. REPRESENTATIVE BUNDE stated the Chickaloon Flats area is a waterfowl nesting, feeding and resting area, which is a particularly important area in the fall when great numbers of duck, geese and swan migrate through and Portage Pass is closed. It becomes vital that waterfowl have this resting area until the Pass is open. He stressed the legislation is not intended to withdraw more lands from public use and lock them up in any way. He explained HB 426 provides one more step of protection. Currently, public lands are opened to development without a permit. HB 426 will require a permit from the Alaska Department of Fish and Game (ADF&G) before development can take place. If exploration for resources is compatible with the purpose of the critical habitat, it will be allowed. Number 683 JACK HENDRICKSON, PRESIDENT, ALASKA WATERFOWL ASSOCIATION AND STATE CHAIRMAN, WATERFOWL U.S.A., testified via teleconference, and stated his group has been involved in getting protection for waterfowl in the Susitna Flats State Game Refuge, which is 301,000 acres; Trading Bay State Game Refuge, 186,000 acres; Redoubt Bay Critical Habitat Area, 201,000 acres; Goose Bay State Game Refuge, 14,000 acres; Palmer Hay Flats State Game Refuge, 38,000 acres; and Anchorage Coastal Refuge, 14,000 acres. Number 700 MR. HENDRICKSON said the Chickaloon Flats is one of the remaining spots in Cook Inlet needing oversight; not to the extent that it needs to be declared a refuge, but to the extent that ADF&G has some oversight. He felt critical habitat area is a good designation and it will not cost any more money than is already appropriated for ADF&G to have oversight. He explained the Chickaloon Flats is very important to waterfowl both in the spring and fall. If Portage Pass is closed and waterfowl cannot go any further south, they have to have places to rest and feed. The Chickaloon Flats has been very popular with duck and geese who get into that situation. He added that although the Anchorage Coastal Refuge is also of assistance, waterfowl seem to prefer the Chickaloon Flats. Number 730 MR. HENDRICKSON stated that in addition to small populations of nesting duck, the flats are also valuable to migrating shore birds who also use the area. Designating the Chickaloon Flats as a critical habitat area is not costly, is thoughtful and puts together almost an entire Cook Inlet package of waterfowl refuges which is the largest, best and least costly in the world. Number 752 REPRESENTATIVE JAMES stated she is not familiar with the other state refuges and critical habitat areas which have been mentioned and what is permitted in those areas. She wondered if the Chickaloon Flats Critical Habitat Area will be different than the other refuges and habitat areas in terms of development. TAPE 94-21, SIDE B Number 000 MR. HENDRICKSON responded it is not the intent of ADF&G to stop development when an area has been designated. HB 426 provides for desirable oversight and is the kind of caution an intelligent conservationist would use in setting up land designations. If there is no development in the Chickaloon Flats area in the next 20-30 years, it will not make any difference whether the area was designated or not. However, if large structures are going to be built there and the development is not compatible with the fish or waterfowl there, ADF&G could stop the development with the oversight they have. He added that oil and gas development is one of the least intrusive kinds of development on land because most of it is done underground. Number 023 REPRESENTATIVE JAMES asked if it is correct that state game refuges and critical habitat areas do not have permission to do other things. She expressed concern that if oil development and other development is allowed by permit in the other areas and not in the Chickaloon Flats, it will be contradictory. On the other hand, if development by permit is not allowed in the other areas but will be allowed in the Chickaloon Flats, she does not see the need to set up two different kinds of protection for migratory waterfowl. MR. HENDRICKSON responded refuges suggest a higher degree of concern. He said ADF&G has more care and examination at refuges than critical habitat areas. He did not believe ADF&G has a single person assigned to work on the refuges, but ADF&G does watch refuges more because there is a higher level of protection needed due to the larger number of wildlife. REPRESENTATIVE BUNDE told committee members they have a copy of Alaska Statute 16.20.605 which lists critical habitat areas and discusses what is allowed. HB 426 requires a permit before development is allowed to ensure oversight. Number 060 REPRESENTATIVE DAVIES pointed out the statute says Redoubt Bay is a critical habitat area and it also has a similar oil and gas permit clause. ELLEN FRITTS, DEPUTY DIRECTOR, DIVISION OF HABITAT AND RESTORATION, ADF&G, stated there are 32 critical habitat areas located throughout the state. What can and cannot happen within the areas is determined when the legislature designates the area. In the proposed work draft on HB 426, it lists specifically not only what kinds of things the public will want to have happen there and what the legislature thinks should happen there, but also states what the area will specifically be set aside for. She pointed out the Chickaloon Flats Critical Habitat Area will be set aside for waterfowl. She stressed the purpose of the elevated scrutiny is to look carefully at what the resources are in the area, look at the activity which is proposed and perhaps condition the activity so it can go forward while still meeting the purpose of the area. Number 095 REPRESENTATIVE JAMES pointed out the Chickaloon Flats area is another 22,000 acres and there is a zero fiscal note. She asked if ADF&G is stating there will not be a significant fiscal impact when adding that many more acres to the responsibility of ADF&G in maintaining the habitat. MS. FRITTS said that is correct. ADF&G has permitters in the Anchorage area who will review any applications for the area and accomplish it as a part of their regular duties. REPRESENTATIVE BUNDE added there are no known or proposed requests for permits currently. There might be a fiscal impact if a large number of requests were received. REPRESENTATIVE BUNDE said HB 426 is a feel good type of legislation which does not cost anything, either in lost resources or actual dollars. He commended the Alaska Waterfowl Association as they were the driving force behind the other habitat areas which were mentioned. Number 117 REPRESENTATIVE JAMES asked if there will be a blank permit for uses of the area, based on a decision made by ADF&G rather than issuing individual permits for activities whereby a fee could be charged. MS. FRITTS replied no fees are charged for any of ADF&G's permits. She added that many of the activities included are the types of activities which ADF&G does not review on any of the refuges or critical habitat areas. She stated for many of the special habitat areas, ADF&G does prepare a management plan, asking members of the public to be a part of a planning committee. Those management plans are more specific on activities if there is a concern expressed by the committee with that particular special area. Number 148 REPRESENTATIVE MULDER made a motion to MOVE CSHB 426(O&G) with a zero fiscal note out of committee with INDIVIDUAL RECOMMENDATIONS. VICE CHAIRMAN HUDSON asked if there were any objections. Hearing none, the MOTION PASSED.
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