CSHB 321(RES): "An Act relating to state refuges, sanctuaries, and fish and game critical habitat areas; relating to the hunting of brown bear; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 321(RES) 01 "An Act relating to state refuges, sanctuaries, and fish and game critical habitat areas; 02 relating to the hunting of brown bear; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the intent of the legislature that the state's existing 07 game refuges, game sanctuaries, and fish and game critical habitat areas be uniformly 08 managed as wildlife refuges and wildlife sanctuaries. 09 * Sec. 2. AS 02.20.050(d) is amended to read: 10 (d) Unless closed for public safety reasons by a notice to airmen (NOTAM) 11 provided to the Federal Aviation Administration or by publication in the appropriate 12 aeronautical charts and publications published by the Federal Aviation Administration, 13 unless closed or restricted under the authority provided in AS 16.05.050, 16.05.251, 14 16.05.255, 16.05.270, AS 16.20.010 - 16.20.162, or 16.20.550 - 16.20.690 [16.20.500
01 - 16.20.690], or unless closed or restricted under authority consistent with 02 AS 38.04.200 or AS 41.21.020(e), navigable water in the state or a suitable landing 03 site on public land that is not subject to a surface lease, easement, or permit issued by 04 the Department of Natural Resources is presumed open for operation of aircraft. 05 * Sec. 3. AS 16.05.343(c) is amended to read: 06 (c) The department, subject to regulations adopted by the commissioner, may 07 issue, through a competitive auction or raffle, up to four harvest permits each year for 08 each of the following species: emperor goose, Dall sheep, bison, musk ox, brown or 09 grizzly bear, black bear, moose, caribou, goat, elk, and wolf. Subject to regulations, if 10 the department issues permits that allow persons to view bears in the McNeil River 11 Wildlife [STATE GAME] Sanctuary established under AS 16.20.160 and 16.20.162, 12 the department may issue up to four of the viewing permits through a competitive 13 auction or raffle. Notwithstanding AS 36.30, the department may authorize a qualified 14 organization selected under (e) of this section to conduct the auction or raffle on 15 behalf of the department. If the department does authorize a qualified organization to 16 conduct an auction or raffle for a species, the department shall make available to a 17 qualified organization at least one harvest permit for that species. A person who is 18 issued a harvest permit under this subsection shall receive, upon the person's request, a 19 complimentary hunting license and, if applicable, a big game tag for the species for 20 which the harvest permit is issued. A hunting license issued under this subsection must 21 bear the inscription "Governor's license" or a similar designation. Notwithstanding an 22 inscription as a "Governor's license" or a similar designation, the commissioner shall 23 issue licenses under this section. A person who receives a harvest permit, hunting 24 license, or big game tag under this subsection may exercise the privileges conveyed by 25 the permit, license, or tag only in accordance with applicable law. In this subsection, 26 "qualified organization" means an organization selected under (e) of this section. 27 * Sec. 4. AS 16.05 is amended by adding a new section to read: 28 Sec. 16.05.793. Prohibiting the hunting of brown bear in Kamishak Bay 29 area. The hunting of brown bear is prohibited in the following described areas: 30 (1) on presently owned state land and water, and land and water 31 acquired in the future by the state, between the boundaries of the McNeil River
01 Wildlife Sanctuary established under AS 16.20.160 and Katmai National Park and 02 Preserve: 03 Township 14 South, Range 32 West, Seward Meridian 04 Sections 13 - 14 05 Sections 23 - 26 06 Sections 31 - 36; 07 (2) on state land between the Kamishak River and Cape Douglas: 08 Township 13 South, Range 30 West, Seward Meridian 09 Sections 1 - 3 10 Sections 10 - 15 11 Sections 19 - 36 12 Township 13 South, Range 29 West, Seward Meridian 13 Township 13 South, Range 28 West, Seward Meridian 14 Township 13 South, Range 27 West, Seward Meridian 15 Township 13 South, Range 26 West, Seward Meridian 16 Sections 3 - 10 17 Sections 15 - 21 18 Sections 29 - 32. 19 * Sec. 5. AS 16.20.010(a) is amended to read: 20 (a) The legislature recognizes that 21 (1) the state has jurisdiction over all fish and game in the state except 22 in those areas where it has assented to federal control; 23 (2) the state has not assented to federal control of fish and game in 24 (A) those areas that were set apart as National Bird and 25 Wildlife Refuges while the state was a United States territory; and 26 (B) Glacier Bay National Park and Preserve or the navigable 27 waters within or adjoining the park and preserve; 28 (3) special recognition of the value to the state and the nation of areas 29 of unspoiled habitat and the game characteristic to it will be demonstrated by 30 designating as state wildlife [GAME] refuges those federal lands that were National 31 Bird and Wildlife Refuges or Ranges at the time that Alaska achieved statehood.
01 * Sec. 6. AS 16.20.020 is repealed and reenacted to read: 02 Sec. 16.20.020. Purposes. (a) The purposes of AS 16.20.010 - 16.20.075 and 03 16.20.550 - 16.20.690 are to protect and preserve natural habitats, fish and wildlife 04 populations, and areas crucial to the perpetuation of fish and wildlife and to restrict all 05 other uses not compatible with the purposes. 06 (b) Subject to (a) of this section, the department may allow hunting, trapping, 07 fishing, subsistence activities, wildlife viewing, photography, recreation, and other 08 public uses of wildlife refuges under AS 16.20.010 - 16.20.075 and 16.20.550 - 09 16.20.690. 10 (c) The department, the Board of Fisheries, and the Board of Game, as 11 appropriate, may adopt regulations to achieve the purposes described in this section. 12 * Sec. 7. AS 16.20 is amended by adding a new section to read: 13 Sec. 16.20.028. Restrictions on the discharge of firearms and public access. 14 (a) The discharge of firearms during lawful activities, including hunting, trapping, and 15 fishing is permitted within the boundaries of a wildlife refuge established under 16 AS 16.20.010 - 16.20.075 or 16.20.550 - 16.20.690, except that the department may, 17 for purposes of public safety, close a designated area within a wildlife refuge to the 18 discharge of firearms for purposes other than lawful hunting, trapping, and fishing. 19 (b) The department may by regulation prohibit public access to a designated 20 area within a wildlife refuge established under AS 16.20.010 - 16.20.075 or 16.20.550 21 - 16.20.690 if the closure is reasonably necessary to 22 (1) protect the public's health and safety; 23 (2) allow for the safe operation of a facility within the refuge. 24 (c) Nothing in this section prohibits the operation of a shooting range, 25 shooting park, or similar facility operated or sanctioned by the department. 26 * Sec. 8. AS 16.20.030(a) is amended to read: 27 (a) The land areas now included in the National Wildlife Refuge System that 28 are cited in this subsection are designated as state wildlife [GAME] refuges, and the 29 board shall assign them appropriate refuge names: 30 (1) Aleutian Islands Refuge (except Umnak, Unalaska, Akun, Akutan, 31 Sanak, and Tigalda Islands);
01 (2) Bering Sea Refuge (St. Matthews and Hall Islands [,] and Pinnacle 02 Islet in Bering Sea); 03 (3) Bogoslof Island Refuge; 04 (4) Chamisso Island Refuge; 05 (5) Forrester Island Refuge; 06 (6) Hazen Bay (Nunivakchak and Kirgegag Islands); 07 (7) Hazy Islands Refuge; 08 (8) Kenai National Moose Range; 09 (9) Kodiak National Wildlife Refuge; 10 (10) Nunivak Island Refuge; 11 (11) St. Lazaria Island Refuge; 12 (12) Semidi Islands Wildlife Refuge; 13 (13) Tuxedni Refuge (Islands in Tuxedni Harbor); 14 (14) Izembek Refuge, including the tide and submerged land described 15 as follows: 16 (A) Township 58 South, Range 91 West, Seward Meridian 17 Sections 1 - 4 18 Sections 9 - 13 [9 - 12] 19 (B) Township 58 South, Range 90 West, Seward Meridian 20 Sections 1 - 12 21 Sections 16 - 17 [1 - 9 22 SECTION 16] 23 (C) Township 57 South, Range 91 West, Seward Meridian 24 Section 13 25 Sections 24 - 26 26 Sections 34 - 36 [35 - 36] 27 (D) Township 57 South, Range 90 West, Seward Meridian 28 Sections 1 - 36 29 (E) Township 57 South, Range 89 West, Seward Meridian 30 Sections 5 - 7 31 Sections 18 - 19
01 Section 30 [5 - 6] 02 (F) Township 56 South, Range 87 West, Seward Meridian 03 Sections 1 - 6 04 Sections 10 - 11 05 (G) Township 56 South, Range 88 West, Seward Meridian 06 Sections 1 - 23 07 Sections 27 - 33 [27 - 32] 08 (H) Township 55 South, Range 87 West, Seward Meridian 09 Sections 1 - 36 10 (I) Township 56 South, Range 89 West, Seward Meridian 11 Sections 1 - 36 12 (J) Township 55 South, Range 89 West, Seward Meridian 13 Sections 1 - 36 14 (K) Township 55 South, Range 88 West, Seward Meridian 15 Sections 1 - 36 16 (L) Township 55 South, Range 86 West, Seward Meridian 17 Sections 6 - 7 18 Sections 18 - 19 19 Sections 30 - 31 20 (M) Township 56 South, Range 90 West, Seward Meridian 21 Sections 1 - 36 22 (N) Township 54 South, Range 87 West, Seward Meridian 23 Sections 35 - 36 24 (O) Township 54 South, Range 86 West, Seward Meridian 25 Section 31 [(ENTIRE TOWNSHIP)]; 26 (15) Cape Newenham National Wildlife Range, including tide and 27 submerged land in Chagvan Bay described as follows: 28 (A) Township 16 South, Range 75 West, Seward Meridian 29 Sections 1 - 2 [SECTION 1] 30 Sections 11 - 15 31 Sections 22 - 27
01 Sections 34 - 36 02 (B) Township 16 South, Range 74 West, Seward Meridian 03 Sections 5 - 9 [7 - 9] 04 Sections 17 - 19 05 Section 30; 06 (16) Clarence Rhodes National Wildlife Range; 07 (17) Arctic National Wildlife Range. 08 * Sec. 9. AS 16.20.030(a)(14), as amended by sec. 2, ch. 119, SLA 2010, is amended to 09 read: 10 (14) Izembek Refuge, including the tide and submerged land described 11 as follows: 12 (A) Township 58 South, Range 91 West, Seward Meridian 13 Sections 1 - 4 14 Sections 9 - 13 [9 - 12] 15 (B) Township 58 South, Range 90 West, Seward Meridian 16 Sections 1 - 12 17 Sections 16 - 17 [1 - 9 18 SECTION 16] 19 (C) Township 57 South, Range 91 West, Seward Meridian 20 Section 13 21 Sections 24 - 26 22 Sections 34 - 36 [35 - 36] 23 (D) Township 57 South, Range 90 West, Seward Meridian 24 Sections 1 - 36 25 (E) Township 57 South, Range 89 West, Seward Meridian 26 Sections 5 - 7 [5 - 6] 27 Section 12, N1/2, N1/2N1/2S1/2 28 Sections 18 - 19 29 Section 30 30 (F) Township 56 South, Range 87 West, Seward Meridian 31 Sections 1 - 6
01 Sections 10 - 11 02 Sections 26 - 35 03 (G) Township 56 South, Range 88 West, Seward Meridian 04 Sections 1 - 23 05 Section 25 06 Sections 27 - 33 [27 - 32] 07 Section 36 08 (H) Township 55 South, Range 87 West, Seward Meridian 09 Sections 1 - 36 10 (I) Township 56 South, Range 89 West, Seward Meridian 11 Sections 1 - 36 12 (J) Township 55 South, Range 89 West, Seward Meridian 13 Sections 1 - 36 14 (K) Township 55 South, Range 88 West, Seward Meridian 15 Sections 1 - 36 16 (L) Township 55 South, Range 86 West, Seward Meridian 17 Sections 6 - 7 18 Sections 18 - 19 19 Sections 30 - 31 20 (M) Township 56 South, Range 90 West, Seward Meridian 21 Sections 1 - 36 [(ENTIRE TOWNSHIP)] 22 (N) Township 57 South, Range 88 West, Seward Meridian 23 Sections 1 - 6 24 (O) Township 54 South, Range 87 West, Seward Meridian 25 Sections 35 - 36 26 (P) Township 54 South, Range 86 West, Seward Meridian 27 Section 31; 28 * Sec. 10. AS 16.20.030(a)(14), as amended by sec. 3, ch. 119, SLA 2010, is amended to 29 read: 30 (14) Izembek Refuge, including the tide and submerged land described 31 as follows:
01 (A) Township 58 South, Range 91 West, Seward Meridian 02 Sections 1 - 4 03 Sections 9 - 13 [9 - 12] 04 (B) Township 58 South, Range 90 West, Seward Meridian 05 Sections 1 - 12 06 Sections 16 - 17 [1 - 9 07 SECTION 16] 08 (C) Township 57 South, Range 91 West, Seward Meridian 09 Section 13 10 Sections 24 - 26 11 Sections 34 - 36 [35 - 36] 12 (D) Township 57 South, Range 90 West, Seward Meridian 13 Sections 1 - 36 14 (E) Township 57 South, Range 89 West, Seward Meridian 15 Sections 5 - 7 16 Sections 18 - 19 17 Section 30 [5 - 6] 18 (F) Township 56 South, Range 87 West, Seward Meridian 19 Sections 1 - 6 20 Sections 10 - 11 21 (G) Township 56 South, Range 88 West, Seward Meridian 22 Sections 1 - 23 23 Sections 27 - 33 [27 - 32] 24 (H) Township 55 South, Range 87 West, Seward Meridian 25 Sections 1 - 36 26 (I) Township 56 South, Range 89 West, Seward Meridian 27 Sections 1 - 36 28 (J) Township 55 South, Range 89 West, Seward Meridian 29 Sections 1 - 36 30 (K) Township 55 South, Range 88 West, Seward Meridian 31 Sections 1 - 36
01 (L) Township 55 South, Range 86 West, Seward Meridian 02 Sections 6 - 7 03 Sections 18 - 19 04 Sections 30 - 31 05 (M) Township 56 South, Range 90 West, Seward Meridian 06 Sections 1 - 36 07 (N) Township 54 South, Range 87 West, Seward Meridian 08 Sections 35 - 36 09 (O) Township 54 South, Range 86 West, Seward Meridian 10 Section 31 [(ENTIRE TOWNSHIP)]; 11 * Sec. 11. AS 16.20.030(c) is amended to read: 12 (c) The presently owned state land, tideland, submerged tideland, submerged 13 land and water, and the land and water acquired in the future by the state, lying within 14 the parcels described in (1) - (2) of this subsection are established as the Goose Bay 15 Wildlife [STATE GAME] Refuge: 16 (1) Township 15 North, Range 3 West, Seward Meridian 17 Sections 17 - 20, 29, 30: All; 18 (2) Township 15 North, Range 4 West, Seward Meridian 19 Section 1: W1/2W1/2 20 Sections 2 - 3: All 21 Section 4: Lot 1, SE1/4NE1/4, E1/2SE1/4 22 Section 9: Lots 1, 2, 3, NE1/4NE1/4 23 Sections 10 - 11: All 24 Section 12: S1/2 25 Sections 13 - 15: All 26 Section 23: N1/2NE1/4 27 Section 24: All 28 The following protracted and fractional parts within Tract A: 29 Section 9: E1/2 30 Section 10: All 31 Section 15: All
01 Section 16: All 02 Section 21: N1/2 03 Section 22: N1/2. 04 * Sec. 12. AS 16.20.030(d) is amended to read: 05 (d) The state may not acquire by eminent domain privately owned land within 06 state-owned land specified in (c) of this section for inclusion in the Goose Bay 07 Wildlife [STATE GAME] Refuge. The Department of Natural Resources may adopt, 08 in accordance with AS 44.62 (Administrative Procedure Act) [THE 09 ADMINISTRATIVE PROCEDURE ACT (AS 44.62)], zoning regulations governing 10 privately owned land within the Goose Bay Wildlife [STATE GAME] Refuge. 11 * Sec. 13. AS 16.20.031(a) is amended to read: 12 (a) The presently [FOLLOWING DESCRIBED] state-owned land and water, 13 and land and water acquired in the future by the state, within the described area 14 is established as the Anchorage Coastal Wildlife Refuge and shall be managed as a 15 state wildlife [GAME] refuge for the protection of waterfowl, shorebirds, salmon, and 16 other fish and wildlife species [,] and their habitat and for the use and enjoyment of the 17 people of the state: 18 (1) Township 13 North, Range 4 West, Seward Meridian 19 Section 20: SE1/4 seaward of the 20 foot elevation contour 20 SE1/4NE1/4 seaward of the 20 foot elevation contour 21 Section 29: E1/2 seaward of the 20 foot elevation contour 22 SW1/4 seaward of the 20 foot elevation contour 23 Section 30: SE1/4SE1/4 24 Section 31: All seaward of the 20 foot elevation contour except 25 NW1/4NW1/4 26 Section 32: All seaward of the 20 foot elevation contour; 27 (2) Township 13 North, Range 5 West, Seward Meridian 28 Section 36: S1/2, S1/2N1/2; 29 (3) Township 12 North, Range 4 West, Seward Meridian 30 Sections 6 - 9: Seaward of the 20 foot elevation contour 31 Section 15: NW1/4 seaward of the 20 foot elevation contour
01 SW1/4NE1/4 seaward of the 20 foot elevation contour 02 Government Lot 5 and the remainder of the W1/2SE1/4, all 03 SW1/4 04 Section 16: Seaward of the 20 foot elevation contour 05 Sections 17 - 22 06 Section 23: Government Lot 1 and the remainder of the SW1/4, 07 all seaward of the 20 foot elevation contour 08 Government Lot 2 and the remainder of the S1/2NW1/4, all 09 seaward of the 20 foot elevation contour 10 Government Lots 3 and 4, and the remainder of the SE1/4, 11 all seaward of the 20 foot elevation contour 12 Section 24: Tract A, Shorecrest Subdivision (Plat No. 81-68, 13 Anchorage Recording District) 14 Section 25: Government Lots 1 and 2, and the remainder of the 15 W1/2, all 16 Tract A, Johns Park Estates, and the remainder of the NE1/4, 17 excluding Skyway Park Estates, Addition No. 1 all seaward 18 of the 20 foot elevation contour 19 Government Lots 3 and 4, and the remainder of the SE1/4, 20 all 21 Sections 26 - 36; 22 (4) Township 12 North, Range 5 West, Seward Meridian 23 Sections 1 - 2 24 Sections 11 - 14 25 Sections 23 - 26 26 Sections 35 - 36; 27 (5) Township 12 North, Range 3 West, Seward Meridian 28 Section 29: That portion of the SW1/4 southwesterly of the 29 Alaska Railroad right-of-way and southerly of Oceanview 30 Subdivision, Addition No. 6 31 Section 30: That portion of Tract A, Johns Park Estates,
01 seaward of the 20 foot elevation contour 02 Government Lot 2 and that portion of the SE1/4NW1/4 03 southwesterly of Oceanview West Subdivision, Addition 04 No. 1 05 Government Lots 3 and 4 and the remainder of the SW1/4, 06 all 07 That portion of the SW1/4NE1/4 and the SE1/4 08 southwesterly of Oceanview Subdivision, Addition No. 4 09 and Addition No. 6 10 Section 31 11 Section 32: All land southwesterly of the Alaska Railroad right- 12 of-way 13 Section 33: All land westerly of the Alaska Railroad right-of- 14 way 15 Lots 238 and 205; 16 (6) Township 11 North, Range 3 West, Seward Meridian 17 Section 3: Government Lot 5 18 Section 4: That portion southwesterly of the Old Seward 19 Highway right-of-way and The Landings Subdivision which is 20 northeasterly of the New Seward Highway right-of-way 21 That portion southwesterly of the Alaska Railroad right-of- 22 way 23 Sections 5 - 8 24 Section 9: That portion southwesterly of the Alaska Railroad 25 right-of-way 26 That portion northeasterly of the New Seward Highway 27 right-of-way 28 Section 10: That portion westerly of the Old Seward Highway 29 right-of-way which is northeasterly of the New Seward 30 Highway right-of-way 31 Lots 26 and 27;
01 That portion southwesterly of the Alaska Railroad right-of- 02 way; 03 (7) Township 11 North, Range 4 West, Seward Meridian 04 Sections 1 - 4 05 Sections 10 - 12. 06 * Sec. 14. AS 16.20.032(a) is amended to read: 07 (a) The presently [FOLLOWING] state-owned land and water, and land and 08 water acquired in the future by the state, within the described area is established 09 as the Palmer Hay Flats Wildlife [STATE GAME] Refuge: 10 (1) Township 16 North, Range 1 West, Seward Meridian 11 Sections 1 - 12 12 Section 13: N1/2 13 Sections 14 - 18 14 Section 20: NE1/4 15 Section 21: N1/2; 16 (2) Township 17 North, Range 1 West, Seward Meridian 17 Section 25 18 Section 26: S1/2, S1/2 N1/2, N1/2 NE1/4, NE1/4 NW1/4 19 Section 27: S1/2, SE1/4 NE1/4 20 Section 31: Lot 4, SE1/4, E1/2 SW1/4, SE1/4 NE1/4, S1/2 21 SW1/4, NE1/4 22 Section 32: S1/2, S1/2 NE1/4, NE1/4 NE1/4, SE1/4 NW1/4 23 Sections 33 - 36; 24 (3) Township 17 North, Range 1 East, Seward Meridian 25 Section 19: Lots 3 and 4, E1/2 SW1/4, S1/2 SE1/4 26 Section 21: N1/2 SE1/4, S1/2 S1/2 27 Section 22: 28 excluding NW1/4 NW1/4 29 excluding N1/2 NE1/4 NW1/4 30 excluding NE1/4 NE1/4 NE1/4 31 excluding all portions of U.S. Survey No. 9024
01 Section 25 [: LOTS 1 - 6, NW1/4, N1/2 NE1/4, N1/2 SW1/4, 02 SW1/4 SW1/4] 03 Section 26: 04 SE1/4 NE1/4[,] 05 S1/2, excluding all portions of U.S. Survey No. 9024 06 Matanuska TWNST (USS 1169) Block 31, Lots 1 and 2 07 Section 27: Lot 1, N1/2, N1/2 S1/2, SE1/4 SW1/4, S1/2 SE1/4 08 Section 28: Lots 1 - 2, N1/2, SW1/4, N1/2 SE1/4, SW1/4 SE1/4 09 Section 29: N1/2, N1/2 SW1/4, SE1/4 10 Section 30: Lots 1 - 4, E1/2, E1/2 W1/2 11 Section 31 [: LOTS 1 - 10, NE1/4 NW1/4, SW1/4 NE1/4, N1/2 12 NE1/4] 13 Section 32: Lots 3 - 7, NE1/4, SW1/4 SW1/4, NE1/4 SE1/4, 14 including all state tide and submerged land 15 Section 33: Lots 5 - 9, S1/2 SE1/4, SW1/4 NW1/4, including all 16 state tide and submerged land 17 Section 34: Lots 1 - 3, E1/2 NW1/4, SW1/4, E1/2, excluding all 18 portions of U.S. Survey No. 9024 19 Section 35: [LOTS 1 - 5, NW1/4, N1/2 SW1/4, SW1/4 SW1/4, 20 N1/2 NE1/4, SW1/4 NE1/4, NW1/4 SE1/4,] excluding all 21 portions of U.S. Survey No. 9024 22 Section 36 [: LOTS 1 - 10, SE1/4 SW1/4, S1/2 SE1/4, NE1/4 23 SE1/4]; 24 (4) Township 17 North, Range 1 East, Seward Meridian 25 Sections 19 - 21: Tracts B and D, according to Plat No. 2012- 26 110, Palmer Recording District; 27 (5) Township 17 North, Range 1 East, Seward Meridian 28 U.S. Survey No. 1169: Lots 1 and 2, Block 31, within Section 29 26; 30 (6) Township 16 North, Range 1 East, Seward Meridian 31 Sections 4 - 9
01 Section 17: N1/2 02 Section 18: N1/2; 03 (7) Township 16 North, Range 1 East, Seward Meridian 04 Section 2: That portion lying westerly of Lot 7 and Parcel F of 05 U.S. Survey No. 9023 06 Section 3: That portion lying westerly of Lot 7, Lot 8, and 07 Parcel F of U.S. Survey No. 9023 08 Section 10: That portion lying westerly of Lot 4, Lot 5, and 09 Parcel C of U.S. Survey No. 9023 10 Section 15: That portion northerly of the left bank of the Knik 11 River and lying westerly of Lot 3, Lot 4, and Parcel A of U.S. 12 Survey No. 9023 13 Section 16: That portion northerly of the left bank of the Knik 14 River; 15 (8) Township 16 North, Range 2 West, Seward Meridian 16 Section 1: All, excluding South Hayfield Road right-of-way 17 Section 2: Lot 5 18 Section 11: Lots 1 and 3 - 6, N1/2 NE1/4 19 Section 12: Lots 1 - 4, N1/2 NW1/4, NE1/4 NE1/4; 20 (9) Township 17 North, Range 2 West, Seward Meridian 21 Section 36: That portion of the S1/2 S1/2 lying easterly of the 22 South Hayfield Road right-of-way. 23 * Sec. 15. AS 16.20.032(c) is amended to read: 24 (c) Land selected by the Matanuska-Susitna Borough in Township 17, North 25 Range 1 East S.M. shall be included in the Palmer Hay Flats Wildlife [STATE 26 GAME] Refuge, subject to borough approval. If the borough relinquishes the selection 27 of the land, the selected land becomes part of the Palmer Hay Flats Wildlife [STATE 28 GAME] Refuge. 29 * Sec. 16. AS 16.20.032(d) is amended to read: 30 (d) The state may not acquire by eminent domain privately owned land within 31 state-owned land specified in (c) of this section for inclusion in the Palmer Hay Flats
01 Wildlife [STATE GAME] Refuge. The Department of Natural Resources may adopt, 02 in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations 03 governing privately owned land within the Palmer Hay Flats Wildlife [STATE 04 GAME] Refuge. 05 * Sec. 17. AS 16.20.032(e) is amended to read: 06 (e) Notwithstanding the provisions of (a) of this section, the land described in 07 this subsection is excluded from the Palmer Hay Flats Wildlife [STATE GAME] 08 Refuge established under (a) of this section for the establishment of a transportation 09 and utility corridor. Land within the transportation and utility corridor that is 10 determined by the commissioner of transportation and public facilities to be 11 unnecessary for future transportation or utility corridors becomes a part of the Palmer 12 Hay Flats Wildlife [STATE GAME] Refuge. The commissioner of transportation and 13 public facilities is directed to provide access to the Palmer Hay Flats Wildlife [STATE 14 GAME] Refuge during future development of state highways in the area. The land that 15 is excluded from the Palmer Hay Flats Wildlife [STATE GAME] Refuge under this 16 subsection is described as 17 Township 17 North, Range 1 East, Seward Meridian 18 Section 22: SE1/4 NW1/4, W1/2 NE1/4, SE1/4 NE1/4, S1/2 NE1/4 19 NE1/4, NW1/4 NE1/4 NE1/4, NE1/4 SW1/4, W1/2 SE1/4 20 Sections 27 and 34: a corridor 300 feet on each side of the existing 21 highway centerline. 22 * Sec. 18. AS 16.20.033(a) is amended to read: 23 (a) The presently [FOLLOWING] state-owned land and water, and all land 24 and water acquired in the future by the state, lying within the parcels described in this 25 subsection are established as the Yakataga Wildlife [STATE GAME] Refuge: 26 (1) Township 20 South, Range 13 East, Copper River Meridian 27 Section 11: SE1/4 28 Section 12: S1/2 29 Section 13 30 Section 14: E1/2 31 Sections 22 - 27
01 Sections 34 - 36; 02 (2) Township 20 South, Range 14 East, Copper River Meridian 03 Sections 7 - 12: S1/2 04 Sections 13 - 36; 05 (3) Township 20 South, Range 15 East, Copper River Meridian 06 Sections 7 - 12: S1/2 07 Sections 13 - 36; 08 (4) Township 20 South, Range 16 East, Copper River Meridian 09 Sections 7 - 9: S1/2 10 Sections 16 - 36; 11 (5) Township 21 South, Range 11 East, Copper River Meridian 12 Excluding that portion of Tract A-148 lying north and west 13 of Seal River: 14 Sections 1 - 2 15 Sections 3 - 4: North and east of the Seal River and its 16 associated lake system 17 Section 10: East of Seal River and one mile north of mean high 18 tide line on the Gulf of Alaska 19 Sections 11 - 12 20 Sections 13 - 14: above mean high tide line on the Gulf of 21 Alaska; 22 (6) Township 21 South, Range 111/2 East, Copper River Meridian 23 Sections 6 - 7 24 Section 18: Above mean high tide line on the Gulf of Alaska; 25 (7) Township 21 South, Range 12 East, Copper River Meridian 26 Sections 13 - 14: S1/2 27 Sections 23 - 26 28 Sections 35 - 36: Above mean high tide line on the Gulf of 29 Alaska; 30 (8) Township 21 South, Range 13 East, Copper River Meridian 31 Sections 1 - 21
01 Section 22: W1/2, E1/2 one mile north of mean high tide line on 02 the Gulf of Alaska 03 Sections 23 - 24: One mile north of mean high tide line on the 04 Gulf of Alaska; 05 (9) Township 21 South, Range 14 East, Copper River Meridian 06 Sections 1 - 12 07 Sections 13 - 15: One mile north of mean high tide line on the 08 Gulf of Alaska 09 Sections 16 - 18 10 Sections 19 - 22: One mile north of mean high tide line on the 11 Gulf of Alaska; 12 (10) Township 21 South, Range 15 East, Copper River Meridian 13 Sections 1 - 7 14 Sections 8 - 12: One mile north of mean high tide line on the 15 Gulf of Alaska; 16 (11) Township 21 South, Range 16 East, Copper River Meridian 17 Sections 1 - 6 18 Sections 7 - 12: One mile north of mean high tide line on the 19 Gulf of Alaska. 20 * Sec. 19. AS 16.20.033(b) is amended to read: 21 (b) The Yakataga Wildlife [STATE GAME] Refuge is established to protect 22 the 23 (1) fish and wildlife habitat and populations, including salmon 24 spawning and rearing habitat and critical goat and moose winter habitat; 25 (2) public uses of fish and wildlife and their habitat, particularly 26 commercial, sport, and subsistence fishing, hunting, viewing, photography, and 27 general public recreation in a high quality environment; and 28 (3) the use and disposition of other resources when the activities are 29 not inconsistent with (1) and (2) of this subsection. 30 * Sec. 20. AS 16.20.033(d) is amended to read: 31 (d) The state may not acquire by eminent domain private land that is located
01 within the state-owned land specified in (a) of this section for inclusion in the 02 Yakataga Wildlife [STATE GAME] Refuge. The state may acquire private land that is 03 located within the state-owned land specified in (a) of this section by purchase, 04 exchange, or otherwise from willing owners for inclusion in the Yakataga Wildlife 05 [STATE GAME] Refuge. 06 * Sec. 21. AS 16.20.033(e) is amended to read: 07 (e) The establishment of the Yakataga Wildlife [STATE GAME] Refuge 08 under this section does not impair or alter valid existing rights including pending 09 Native allotment applications, access to set net sites, and access to and from private 10 land located within the Yakataga Wildlife [STATE GAME] Refuge. 11 * Sec. 22. AS 16.20.033(f) is amended to read: 12 (f) The department shall allow commercial, sport, and subsistence fishing and 13 hunting within the Yakataga Wildlife [STATE GAME] Refuge under regulations of 14 the Board of Fisheries and the Board of Game. The department shall also permit 15 associated support activities when necessary and consistent with AS 16.20.010 - 16 16.20.075 [AS 16.20.010 - 16.20.080] to support fishing and hunting permitted under 17 this section, including fish buying operations, aircraft support including landing strips, 18 and off-road vehicle use. 19 * Sec. 23. AS 16.20.033(g) is amended to read: 20 (g) Egress and ingress to and from private property within the parcels 21 described in (a) of this section shall be allowed through access corridors established by 22 agreement between the department, the Department of Natural Resources, and the 23 owners of private land involved. The establishment of the Yakataga Wildlife [STATE 24 GAME] Refuge does not impair or alter existing rights of access to set net lease sites. 25 * Sec. 24. AS 16.20.033(h) is amended to read: 26 (h) The department shall adopt and may revise a management plan for the 27 Yakataga Wildlife [STATE GAME] Refuge. 28 * Sec. 25. AS 16.20.034(a) is amended to read: 29 (a) The presently [FOLLOWING] state-owned land, and land acquired in 30 the future by the state, within the described area, including tide and submerged 31 land, and excluding privately owned land, is established as the Mendenhall Wetlands
01 Wildlife [STATE GAME] Refuge: Beginning at U.S.C.G.S. Triangulation Station 02 "Salmon" located on the northeastern shore of Douglas Island, lying within the City 03 and Borough of Juneau, First Judicial District, State of Alaska; thence northeasterly 04 across Gastineau Channel approximately .5 miles to U.S.C.G.S. Triangulation Station 05 "Creek," [,] said station being on the shore of Gastineau Channel, 200 feet south of 06 Salmon Creek; thence trend northerly to the intersection of Egan Drive and Salmon 07 Creek; thence trend northwesterly immediately adjacent to but not on [UPON] or 08 within the designated right-of-way of Egan Drive approximately 2.7 miles to the 09 intersection with the easterly boundary of Sunny Point Park Subdivision, recorded as 10 Plat No. 333; thence southerly along said boundary; thence along said right-of-way 11 line to the intersection with the 22.7 foot extreme high tide line; thence southerly and 12 westerly on said 22.7 foot extreme high tide line, abutting said Sunny Point Park 13 Subdivision, U.S. Survey 2475, Sunny Point Subdivision (Plat No. 307), and Egan 14 Drive approximately one mile to the easterly line of the accreted property to the U.S. 15 Survey No. 1568; thence southerly and westerly, along the boundary of said accreted 16 property approximately .4 miles to Corner No. 14 of Alaska Tidelands Survey No. 17 716; thence southerly and westerly along the west meander line of U.S. Survey No. 18 716, approximately 2.6 miles to Corner No. 4 of said Tidelands Survey; thence 19 northerly along the west meander line of U.S. Survey No. 1742, approximately 790 20 feet to the northwesterly corner of Juneau Airport property (Corner No. AP-4 of 21 survey dated 6-69); thence northwesterly approximately 440 feet to the southerly 22 meander line of U.S. Survey No. 1919; thence southerly and westerly, along the 23 southerly meanders of U.S. Surveys No. 1919 and No. 1042 (as accreted), 24 approximately .5 miles to the intersection with the south line of U.S. Survey No. 2136; 25 thence westerly, along said south line, approximately .6 miles to the intersection with 26 the 22.7 foot extreme high tide line; thence southerly, along said line approximately 27 1.4 miles to U.S.C.G.S. Triangulation Station "Glacier" on the southerly tip of 28 Mendenhall Peninsula; thence in a southerly direction across Gastineau Channel 29 approximately 1.3 miles to the mouth of Cove Creek; thence in a general easterly 30 direction along the 22.7 foot extreme high tide line of Douglas Island approximately 9 31 miles to U.S.C.G.S. Triangulation Station "Salmon," [,] the true point of beginning;
01 and including Lot 2, Widgeon Ponds Subdivision (a subdivision of Lot 2E1 within 02 U.S. Survey 2901), according to Plat 2010-7, Juneau Recording District, First 03 Judicial District, State of Alaska. 04 * Sec. 26. AS 16.20.034(b) is amended to read: 05 (b) The state may not acquire by eminent domain privately owned land within 06 or adjacent to [ABUTTING] state-owned land described in (a) of this section for 07 inclusion in the Mendenhall Wetlands Wildlife [STATE GAME] Refuge but may 08 acquire privately owned land by purchase, exchange, or otherwise for inclusion in the 09 Mendenhall Wetlands Wildlife [STATE GAME] Refuge. 10 * Sec. 27. AS 16.20.034(e) is amended to read: 11 (e) Except within that portion of the Mendenhall Wetlands Wildlife [STATE 12 GAME] Refuge commonly known as the Twin Lakes area, the boundaries of which 13 shall be established by the department after consultation with the City and Borough of 14 Juneau, the taking of game is expressly permitted within the land described in (a) of 15 this section if consistent with the management plan adopted by the department and 16 conducted under regulations adopted by the board. 17 * Sec. 28. AS 16.20.034(j) is amended to read: 18 (j) Notwithstanding the provisions of (d) - (i) of this section, if the City and 19 Borough of Juneau demonstrates to the Departments of Natural Resources and Fish 20 and Game, jointly, that there is a superior public need for or use of the land to its use 21 as a wildlife [STATE GAME] refuge, after public hearing and a finding by the 22 departments supporting the determination that such a need or use exists or is required, 23 the use shall be permitted. A final administrative order, ruling, or determination by the 24 departments adverse to the petition of the City and Borough of Juneau is subject to 25 judicial review under AS 44.62.560 - 44.62.570. 26 * Sec. 29. AS 16.20.036(a) is amended to read: 27 (a) The presently [FOLLOWING] state-owned land, including tide and 28 submerged land, and all land, including tide and submerged land, acquired in the 29 future by the state, lying within the parcels described in this subsection is established 30 as the Susitna Flats Wildlife [STATE GAME] Refuge: 31 (1) Township 13 North, Range 4 West, Seward Meridian
01 Section: 6; 02 (2) Township 13 North, Range 5 West, Seward Meridian 03 Sections: 1 - 10; 04 (3) Township 13 North, Range 6 West, Seward Meridian 05 Sections: 1 - 18; 06 (4) Township 13 North, Range 7 West, Seward Meridian 07 Sections: 1 - 18; 08 (5) Township 13 North, Range 8 West, Seward Meridian 09 Sections: 1 - 24; 10 (6) Township 13 North, Range 9 West, Seward Meridian 11 Sections: 1 - 36; 12 (7) Township 13 North, Range 10 West, Seward Meridian 13 Sections: 13, 23 - 26, 36 (excluding uplands above the toe of 14 the bluff); 15 (8) Township 14 North, Range 4 West, Seward Meridian 16 Sections: Lots 1 - 6, SE1/4 NW1/4, W1/2 NE1/4 NW1/4, 17 SE1/4 NE1/4 NW1/4, NE1/4 SW1/4, NW1/4 SE1/4, SE1/4 18 SE1/4, W1/2 SW1/4 NE1/4, SE1/4 SW1/4 NE1/4, S1/2 19 NE1/4 SW1/4 NE1/4 of Section 31; 20 (9) Township 14 North, Range 5 West, Seward Meridian 21 Sections: W1/2 1, 2 - 11, W1/2 12, 13 - 36; 22 (10) Township 14 North, Ranges 6 - 9 West, Seward Meridian 23 Sections: All; 24 (11) Township 14 North, Range 10 West, Seward Meridian 25 Sections: 12 - 14, 22 - 27, 34 - 36; 26 (12) Township 15 North, Range 5 West, Seward Meridian 27 Sections: 3 - 10, 15 - 22, SW1/4 26, 27 - 35, SW1/4 36; 28 (13) Township 15 North, Range 6 West, Seward Meridian 29 Sections: All; 30 (14) Township 15 North, Range 7 West, Seward Meridian 31 Sections: 1 - 4, E1/2 5, 7 - 36;
01 (15) Township 15 North, Range 8 West, Seward Meridian 02 Sections: 1, 2, 8 - 36; 03 (16) Township 15 North, Range 9 West, Seward Meridian 04 Sections: 23 - 28, 32 - 36; 05 (17) Township 16 North, Range 5 West, Seward Meridian 06 Sections: 19 - 22, 27 - 34; 07 (18) Township 16 North, Range 6 West, Seward Meridian 08 Sections: 21 - 28, 31 - 36; 09 (19) Township 16 North, Range 7 West, Seward Meridian 10 Sections: 22 - 27, 34 - 36. 11 * Sec. 30. AS 16.20.036(b) is amended to read: 12 (b) The Susitna Flats Wildlife [STATE GAME] Refuge is established to 13 protect the following: 14 (1) fish and wildlife habitat and populations, particularly waterfowl 15 nesting, feeding, and migration areas; moose calving areas; spring and fall bear 16 feeding areas; salmon spawning and rearing habitats; 17 (2) public uses of fish and wildlife and their habitat, particularly 18 waterfowl, moose, and bear hunting; viewing; photography; and general public 19 recreation in a high quality environment. 20 * Sec. 31. AS 16.20.036(c) is amended to read: 21 (c) Entry on [UPON] the Susitna Flats Wildlife [STATE GAME] Refuge for 22 purposes of exploration and development of oil and gas resources shall be permitted 23 when compatible with the purposes specified in (b) of this section; however, all 24 existing leases shall be valid and continue in full force and effect according to their 25 terms. 26 * Sec. 32. AS 16.20.036(d) is amended to read: 27 (d) Land selected by the Matanuska-Susitna Borough within the area 28 described in (a) of this section shall be included in the Susitna Flats Wildlife [STATE 29 GAME] Refuge, subject to borough approval. If the borough relinquishes the selection 30 of the land, the selected land becomes part of the Susitna Flats Wildlife [STATE 31 GAME] Refuge.
01 * Sec. 33. AS 16.20.036(e) is amended to read: 02 (e) The state may not acquire by eminent domain privately owned land within 03 state-owned land specified in (a) of this section for inclusion in the Susitna Flats 04 Wildlife [STATE GAME] Refuge. The Department of Natural Resources may adopt, 05 in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations 06 governing privately owned land within the Susitna Flats Wildlife [STATE GAME] 07 Refuge, only to the extent that these regulations may ensure [INSURE] compatibility 08 with the intended use of the refuge. 09 * Sec. 34. AS 16.20.037(a) is amended to read: 10 (a) The presently [FOLLOWING] state-owned land and water, and land and 11 water acquired in the future by the state, within the following described area is 12 established as the Minto Flats Wildlife [STATE GAME] Refuge: 13 (1) Township 1 North, Range 6 West, Fairbanks Meridian 14 Sections 2 - 11 15 Sections 14 - 23 16 Sections 26 - 34; 17 (2) Township 1 North, Range 7 West, Fairbanks Meridian 18 Sections 1 - 36; 19 (3) Township 1 North, Range 8 West, Fairbanks Meridian 20 Sections 1 - 16 21 Sections 21 - 28: excluding ASLS 95-37 22 Section 35: E1/2 23 Section 36; 24 (4) Township 1 North, Range 9 West, Fairbanks Meridian 25 Sections 1 - 12; 26 (5) Township 1 North, Range 10 West, Fairbanks Meridian 27 Sections 1 - 12; 28 (6) Township 1 North, Range 11 West, Fairbanks Meridian 29 Sections 1 - 4 30 Sections 8 - 17 31 Section 18: east of Tolovana River
01 Section 19: east of Tolovana River 02 Sections 20 - 29 03 Section 30: east of Tolovana River; 04 (7) Township 2 North, Range 6 West, Fairbanks Meridian 05 Sections 1 - 36; 06 (8) Township 2 North, Range 7 West, Fairbanks Meridian 07 Sections 1 - 36; 08 (9) Township 2 North, Range 8 West, Fairbanks Meridian 09 Sections 1 - 36; 10 (10) Township 2 North, Range 9 West, Fairbanks Meridian 11 Sections 1 - 36; 12 (11) Township 2 North, Range 10 West, Fairbanks Meridian 13 Section 3 14 Section 7: S1/2 15 Sections 8 - 10 16 Section 11: S1/2N1/2, S1/2 17 Section 12: S1/2N1/2, S1/2 18 Sections 13 - 36; 19 (12) Township 2 North, Range 11 West, Fairbanks Meridian 20 Section 10: S1/2 21 Section 11: S1/2 22 Section 12: S1/2 23 Sections 13 - 15 24 Sections 22 - 27 25 Sections 34 - 36; 26 (13) Township 3 North, Range 6 West, Fairbanks Meridian 27 Sections 13 - 36; 28 (14) Township 3 North, Range 7 West, Fairbanks Meridian 29 Sections 6 - 8 30 Section 9: S1/2S1/2 31 Sections 13 - 36;
01 (15) Township 3 North, Range 8 West, Fairbanks Meridian 02 Section 1 03 Sections 5 - 10 04 Sections 14 - 23 05 Sections 25 - 36; 06 (16) Township 3 North, Range 9 West, Fairbanks Meridian 07 Section 24: S1/2 08 Section 25 09 Sections 33 - 36; 10 (17) Township 3 North, Range 10 West, Fairbanks Meridian 11 Sections 34 - 35; 12 (18) Township 4 North, Range 6 West, Fairbanks Meridian 13 Sections 2 - 9 14 Sections 16 - 21; 15 (19) Township 4 North, Range 7 West, Fairbanks Meridian 16 Sections 1 - 4 17 Section 5: S1/2 18 Section 6: S1/2 19 Sections 7 - 24 20 Sections 27 - 29 21 Sections 30 - 31 22 Section 32: N1/2, SW1/4; 23 (20) Township 4 North, Range 8 West, Fairbanks Meridian 24 Sections 10 - 15 25 Sections 22 - 27 26 Sections 30 - 31 27 Sections 35 - 36; 28 (21) Township 5 North, Range 5 West, Fairbanks Meridian 29 Section 6: W1/2 30 Section 7: W1/2 31 Section 18: W1/2;
01 (22) Township 5 North, Range 6 West, Fairbanks Meridian 02 Sections 1 - 3 03 Section 4: SE1/4 04 Section 9: E1/2 05 Sections 10 - 15 06 Section 16: E1/2, SW1/4 07 Section 20: S1/2 08 Sections 21 - 29 09 Sections 31 - 36; 10 (23) Township 5 North, Range 7 West, Fairbanks Meridian 11 Section 35: SE1/4 12 Section 36: S1/2; 13 (24) Township 1 South, Range 6 West, Fairbanks Meridian 14 Sections 5 - 8 15 Sections 17 - 20 16 Sections 29 - 31; 17 (25) Township 1 South, Range 7 West, Fairbanks Meridian 18 Sections 1 - 36; 19 (26) Township 1 South, Range 8 West, Fairbanks Meridian 20 Sections 1 - 2 21 Sections 11 - 14 22 Sections 23 - 26 23 Sections 35 - 36; 24 (27) Township 1 South, Range 9 West, Fairbanks Meridian 25 Sections 1 - 36; 26 (28) Township 1 South, Range 10 West, Fairbanks Meridian 27 Sections 7 - 36; 28 (29) Township 1 South, Range 11 West, Fairbanks Meridian 29 Sections 25 - 26 30 Sections 35 - 36; 31 (30) Township 2 South, Range 6 West, Fairbanks Meridian
01 Section 6: S1/2NW1/4, S1/2 02 Section 7: all North and West of the Alaska Railroad right-of- 03 way 04 Section 18: all North and West of the Alaska Railroad right-of- 05 way 06 Section 19: all North and West of the Alaska Railroad right-of- 07 way; 08 (31) Township 2 South, Range 7 West, Fairbanks Meridian 09 Sections 1 - 12 10 Section 13: NE1/4, E1/2NW1/4, NE1/4SW1/4, S1/2SW1/4, 11 SE1/4 12 Section 14: W1/2 13 Sections 15 - 22 14 Section 23: W1/2 15 Section 24: all North and West of the Alaska Railroad right-of- 16 way 17 Section 27: NW1/4 18 Sections 28 - 32 19 Section 33: NE1/4NE1/4, W1/2NE1/4, W1/2, W1/2SE1/4; 20 (32) Township 2 South, Range 8 West, Fairbanks Meridian 21 Section 1 22 Sections 12 - 13 23 Sections 24 - 25 24 Section 36; 25 (33) Township 2 South, Range 9 West, Fairbanks Meridian 26 Sections 1 - 12 27 Section 17: W1/2NW1/4, NW1/4SW1/4 28 Section 18 29 Section 19: N1/2, N1/2S1/2; 30 (34) Township 2 South, Range 10 West, Fairbanks Meridian 31 Sections 1 - 20
01 Section 21: NE1/4, W1/2 02 Section 22: NW1/4 03 Section 24: N1/2, N1/2S1/2 04 Sections 29 - 31; 05 (35) Township 2 South, Range 11 West, Fairbanks Meridian 06 Sections 1 - 5 07 Sections 7 - 36; 08 (36) Township 2 South, Range 12 West, Fairbanks Meridian 09 Sections 25 - 26 10 Sections 35 - 36; 11 (37) Township 3 South, Range 7 West, Fairbanks Meridian 12 Section 5: N1/2NE1/4, W1/2 13 Sections 6 - 7 14 Section 18: NE1/4, W1/2, N1/2SE1/4, SW1/4SE1/4; 15 (38) Township 3 South, Range 8 West, Fairbanks Meridian 16 Section 1 17 Section 12 18 Section 13 19 Section 22: NE1/4 (that portion above the ordinary high water 20 mark right bank Tanana River) 21 Section 23: N1/2, SE1/4 22 Section 24: N1/2, SW1/4 23 Section 25: NW1/4; 24 (39) Township 3 South, Range 11 West, Fairbanks Meridian 25 Sections 2 - 10 26 Section 11: N1/2 27 Section 14: SW1/4NE1/4, S1/2NW1/4, SW1/4, W1/2SE1/4 28 Sections 15 - 21 29 Section 22: NE1/4, W1/2, W1/2SE1/4 30 Section 23: NW1/4 31 Section 27: W1/2NE1/4, NW1/4, W1/2SW1/4
01 Sections 28 - 31 02 Section 32: NE1/4, NW1/4, SE1/4 03 Section 33: W1/2; 04 (40) Township 3 South, Range 12 West, Fairbanks Meridian 05 Sections 1 - 2 06 Sections 11 - 14 07 Sections 23 - 26 08 Sections 35 - 36. 09 * Sec. 35. AS 16.20.037(b) is amended to read: 10 (b) The Minto Flats Wildlife [STATE GAME] Refuge is established to 11 (1) ensure the protection and enhancement of habitat; 12 (2) ensure the conservation of fish and wildlife; and 13 (3) guarantee the continuation of hunting, fishing, trapping, and other 14 uses by the public compatible with the protection and enhancement of habitat and the 15 conservation of fish and wildlife. 16 * Sec. 36. AS 16.20.037(c) is amended to read: 17 (c) The state may not acquire by eminent domain privately owned land within 18 the Minto Flats Wildlife [STATE GAME] Refuge, but may acquire privately owned 19 land by purchase, exchange, or otherwise for inclusion in the Minto Flats Wildlife 20 [STATE GAME] Refuge. 21 * Sec. 37. AS 16.20.037(e) is amended to read: 22 (e) Public access to the Minto Flats Wildlife [STATE GAME] Refuge by 23 means of horse, boat, aircraft, dog team, snow machine, ATV, or other means 24 consistent with (b) of this section may not be prohibited. 25 * Sec. 38. AS 16.20.037(f) is amended to read: 26 (f) Access to and from private property within the Minto Flats Wildlife 27 [STATE GAME] Refuge shall be guaranteed through access corridors established 28 through agreement between the Department of Natural Resources, the Department of 29 Fish and Game, and the private property owners involved. 30 * Sec. 39. AS 16.20.037(g) is amended to read: 31 (g) The Department of Fish and Game and the Department of Natural
01 Resources shall exercise their respective authorities over the Minto Flats Wildlife 02 [STATE GAME] Refuge consistent with a management plan prepared by the 03 Department of Fish and Game in consultation with the Department of Natural 04 Resources. 05 * Sec. 40. AS 16.20.037(h) is amended to read: 06 (h) Entry on [UPON] the Minto Flats Wildlife [STATE GAME] Refuge for 07 purposes of exploration and development of oil and gas resources shall be permitted 08 unless a person demonstrates, on the basis of sound science or local traditional 09 knowledge, that exploration and development is incompatible with the purposes 10 specified in (b) of this section. 11 * Sec. 41. AS 16.20.038(a) is amended to read: 12 (a) The presently [FOLLOWING] state-owned land, including tide and 13 submerged land, and all land, including tide and submerged land, acquired in the 14 future by the state, lying within the following parcels described in this subsection is 15 established as the Trading Bay Wildlife [STATE GAME] Refuge: 16 (1) Township 9 North, Range 13 West, Seward Meridian 17 Sections 6 - 7; 18 (2) Township 9 North, Range 14 West, Seward Meridian 19 Sections 1 - 4, E 1/2 5, 8 - 12, W 1/2 13, 14 - 17, E 1/2 19, 20 - 20 22, W 1/2 23, W 1/2 27, 28 - 30; 21 (3) Township 9 North, Range 15 West, Seward Meridian 22 Sections W 1/2 1, 2 - 4, 9 - 11, W 1/2 12 and 13, 14 - 16, 19 - 23 23, W 1/2 24, 26 - 28, 31 - 35; 24 (4) Township 10 North, Range 13 West, Seward Meridian 25 Sections 1 - 12, 14 - 22, 28 - 32; 26 (5) Township 10 North, Range 14 West, Seward Meridian 27 Sections 1 - 18, E 1/2 19, 20 - 29, 32 - 36; 28 (6) Township 10 North, Range 15 West, Seward Meridian 29 Sections 1 - 12, 14 - 23, 26 - 35; 30 (7) Township 11 North, Range 13 West, Seward Meridian 31 Sections SW 1/4 3, 4 - 10, SW 1/4 11, W 1/2SW 1/4 13, 14 -
01 23, W 1/2, SE 1/4, W 1/2 NE 1/4, SE 1/4 NE 1/4 24, 25 - 36; 02 (8) Township 11 North, Range 14 - 15 West, Seward Meridian 03 Sections 1 - 36; 04 (9) Township 12 North, Range 13 West, Seward Meridian 05 Sections 19, 29 - 33; 06 (10) Township 12 North, Range 14 West, Seward Meridian 07 Sections 23 - 26, 31 - 33, 36. 08 * Sec. 42. AS 16.20.038(b) is amended to read: 09 (b) The Trading Bay Wildlife [STATE GAME] Refuge is established to 10 protect the following: 11 (1) fish and wildlife habitat and populations, particularly waterfowl 12 nesting, feeding, and migration areas; moose calving areas; spring and fall bear 13 feeding areas; salmon spawning and rearing habitats; 14 (2) public uses of fish and wildlife and their habitat, particularly 15 waterfowl, moose, and bear hunting; viewing; photography; and general public 16 recreation in a high quality environment. 17 * Sec. 43. AS 16.20.038(c) is amended to read: 18 (c) Entry on [UPON] the Trading Bay Wildlife [STATE GAME] Refuge for 19 purposes of exploration and development of oil and gas resources shall be permitted 20 when compatible with the purposes specified in (b) of this section; however, all 21 existing leases shall be valid and continue in full force and effect according to their 22 terms. 23 * Sec. 44. AS 16.20.038(d) is amended to read: 24 (d) Land selected by a borough within the area described in (a) of this section 25 shall be included in the Trading Bay Wildlife [STATE GAME] Refuge, subject to 26 borough approval. If the borough relinquishes the selection of the land, the selected 27 land becomes part of the Trading Bay Wildlife [STATE GAME] Refuge. 28 * Sec. 45. AS 16.20.038(e) is amended to read: 29 (e) The state may not acquire by eminent domain privately owned land within 30 state-owned land specified in (a) of this section for inclusion in the Trading Bay 31 Wildlife [STATE GAME] Refuge. The Department of Natural Resources may adopt,
01 in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations 02 governing privately owned land within the Trading Bay Wildlife [STATE GAME] 03 Refuge, only to the extent that these regulations are imperative to ensure [INSURE] 04 compatibility with the intended use of the refuge. 05 * Sec. 46. AS 16.20.038(h) is amended to read: 06 (h) Land within existing and applied for highway, pipeline, and railway rights- 07 of-way, as of September 22, 1976, are excluded from the land described in (a) of this 08 section; however, when these interests revert to the state, the land shall be included 09 within the Trading Bay Wildlife [STATE GAME] Refuge. 10 * Sec. 47. AS 16.20.039(a) is amended to read: 11 (a) The presently [FOLLOWING] state-owned land and water, and land and 12 water acquired in the future by the state, within the following described area is 13 established as the Creamer's Field Migratory Waterfowl Refuge: 14 (1) commencing at the Section Corner on the Fairbanks Base Line 15 common to Sections 33 and 34, Township 1 North, Range 1 West, Fairbanks 16 Meridian, Point of Beginning, thence East along the Fairbanks Base Line 4703.30 feet, 17 thence South 0 degrees 00 minutes 16 seconds West 235.67 feet to the south bank of a 18 tributary of Isabella Creek, thence along the south bank of the tributary to Isabella 19 Creek North 70 degrees 59 minutes 51 seconds West 525.44 feet, continuing North 88 20 degrees 22 minutes 22 seconds West 85.48 feet to the confluence with the south bank 21 of Isabella Creek, thence along the south bank of Isabella Creek South 85 degrees 27 22 minutes 47 seconds West 209.43 feet, continuing South 68 degrees 10 minutes 59 23 seconds West 220.04 feet, continuing South 65 degrees 19 minutes 35 seconds West 24 434.66 feet to the northwestern boundary to Tract No. 5 of instrument number 60- 25 4556 (Plat, recorded June 21, 1960) in the Fairbanks Recorder's Office, thence South 26 53 degrees 52 minutes 05 seconds West 1228.34 feet along the westerly boundary of 27 the Subdivision of Tract No. 5 from the Charles Creamer Property, thence South 35 28 degrees 00 minutes 05 seconds West 300.08 feet to the northerly boundary of Lemeta 29 Subdivision, thence along the north boundary of the Lemeta Subdivision North 89 30 degrees 52 minutes 58 seconds West 646.40 feet to the northern College Road right- 31 of-way, thence along the north edge of the College Road right-of-way North 71
01 degrees 53 minutes 31 seconds West 688.05 feet, thence North 18 degrees 21 minutes 02 30 seconds East 12 feet, continuing on a 2 degree 17 minute 26 second curve to the 03 right 415.49 feet, continuing North 62 degrees 07 minutes 30 seconds West 275.16 04 feet, thence North 27 degrees 52 minutes 30 seconds East 10.00 feet, continuing on a 2 05 degree 26 minute 29 second curve to the left 473.08 feet, thence leaving the College 06 Road right-of-way North 0 degrees 03 minutes East 611.23 feet to the Fairbanks Base 07 Line, thence North 89 degrees 56 minutes 34 seconds East along the Fairbanks Base 08 Line 200.03 feet to the Section Corner common to Sections 33 and 34 on the 09 Fairbanks Base Line and the Point of Beginning, containing 83.7 acres, more or less; 10 (2) the W1/2SW1/4 and the SE1/4SW1/4 of Section 27; the S1/2 of 11 Section 28; the portions of the S1/2SE1/4 lying southerly of the Farmers Loop Road 12 right-of-way and the SE1/4SE1/4NE1/4SE1/4 of Section 29; all of Section 34; and the 13 W1/2 and the W1/2E1/2 of Section 35, all in Township 1 North, Range 1 West, 14 Fairbanks Meridian; 15 (3) Tract B-2 and Tract C of Alaska State Land Survey No. 83-62 in 16 Section 33, Township 1 North, Range 1 West, Fairbanks Meridian, according to Plat 17 No. 83-272 as filed in the Fairbanks Recording District on December 20, 1983, and as 18 modified by the public utility easement vacation plat filed in the Fairbanks Recording 19 District on February 22, 1985, as Plat No. 85-27; 20 (4) the SW1/4SW1/4 of Section 26 in Township 1 North, Range 1 21 West, Fairbanks Meridian (also known as a portion of Tax Lot 2600); 22 (5) the SE1/4 of Section 27 in Township 1 North, Range 1 West, 23 Fairbanks Meridian excepting therefrom: 24 (A) all that portion lying within Air Park Subdivision according 25 to the plat filed November 20, 1978, as Plat No. 78-206 Fairbanks Recording 26 District; Replat Lot 7 Block 1 Air Park Subdivision and Air Park Subdivision 27 First Addition according to the plat filed April 2, 1979, as Plat No. 79-56 28 Fairbanks Recording District; Air Park Second Addition, according to the plat 29 filed November 26, 1979, as Plat No. 79-264 and amended plat filed May 15, 30 1980, as Plat No. 80-86 Fairbanks Recording District; Air Park Subdivision 31 Third Addition according to the plat filed June 14, 1993, as Plat No. 93-160
01 Fairbanks Recording District; and 02 (B) the West 240 feet as conveyed to Sherman Field Airstrip 03 Owner's Association, Inc., by Bargain and Sale Deed recorded January 19, 04 1989, in Book 606, Page 586, Fairbanks Recording District; 05 (6) the portions of the E1/2SW1/4SE1/4NW1/4, 06 W1/2SE1/4SE1/4NW1/4, E1/2NW1/4SE1/4NW1/4, and W1/2NE1/4SE1/4NW1/4 07 lying southerly of Farmers Loop Road right-of-way, according to the Department of 08 Transportation and Public Facilities Project RS-0644(13)/60384, as Plat No. 2008-89, 09 Fairbanks Recording District, all lying within Section 28 in Township 1 North, Range 10 1 West, Fairbanks Meridian; 11 (7) the E1/2SW1/4 and the NW1/4SW1/4 within Section 26 in 12 Township 1 North, Range 1 West, Fairbanks Meridian; 13 (8) Tract A of Fairbanks Golf and Country Club, First Addition, 14 according to the plat filed July 15, 1993, as Plat No. 93-169; records of the 15 Fairbanks Recording District, Fourth Judicial District, State of Alaska; 16 (9) NE1/4 of the NW1/4 of Fairbanks Golf and Country Club, First 17 Addition, according to the plat filed July 15, 1993, as Plat No. 93-169; records of 18 the Fairbanks Recording District, Fourth Judicial District, State of Alaska; 19 (10) Tract A of North College Road Subdivision, according to the 20 plat filed July 2, 2020, as Plat 2020-46; records of the Fairbanks Recording 21 District, Fourth Judicial District, State of Alaska; 22 (11) Section 33: N1/2S1/2, excluding Tract B of Alaska State Land 23 Survey No. 80-67; according to the General Land Office survey plat of Township 24 1 North, Range 1 West, Fairbanks Meridian, Alaska, approved by the U.S. 25 Surveyor General's Office in Juneau, Alaska, on October 9, 1913; according to 26 the Division of Technical Services survey plat of Alaska State Land Survey No. 27 80-67, within surveyed Section 33, Township 1 North, Range 1 West, Fairbanks 28 Meridian, Alaska, filed in the Fairbanks Recording District on March 11, 1983, 29 as Plat No. 83-43; 30 (12) Section 33 N1/2, according to the General Land Office survey 31 plat of Township 1 North, Range 1 West, Fairbanks Meridian, Alaska, approved
01 by the U.S. Surveyor General's Office in Juneau, Alaska, on October 9, 1913. 02 * Sec. 48. AS 16.20.041 is amended to read: 03 Sec. 16.20.041. McNeil River Wildlife [STATE GAME] Refuge. (a) The 04 presently [FOLLOWING] state-owned land and water, and land and water 05 acquired in the future by the state, including the tideland but exclusive of marine 06 water and submerged land, lying within the following parcels described in this 07 subsection is established as the McNeil River Wildlife [STATE GAME] Refuge: 08 Township 10 South, Range 29 West, Seward Meridian 09 Section 19: S1/2 10 Section 20: SW1/4 11 Section 29: W1/2 12 Sections 30 - 31 13 Township 10 South, Range 30 West, Seward Meridian 14 Section 3: SW1/4 15 Section 4: SE1/4 16 Sections 10 - 11 17 Sections 14 - 16 18 Section 17: E1/2 19 Sections 20 - 23 20 Sections 25 - 29 21 Section 30: SE1/4 22 Section 31: NE1/4, S1/2 23 Sections 32 - 36 24 Township 11 South, Range 29 West, Seward Meridian 25 Sections 1 - 35 26 Section 36, except Nordyke Island and its tideland 27 Township 11 South, Range 30 West, Seward Meridian 28 Sections 1 - 36 29 Township 11 South, Range 31 West, Seward Meridian 30 Sections 1 - 36 31 Township 11 South, Range 32 West, Seward Meridian
01 Sections 1 - 36, except land within Katmai National Park and Preserve 02 Township 12 South, Range 31 West, Seward Meridian 03 Sections 1 - 36 04 Township 12 South, Range 32 West, Seward Meridian 05 Sections 1 - 36, except land within Katmai National Park and Preserve 06 Township 13 South, Range 33 West, Seward Meridian 07 Section 1, except land within Katmai National Park and Preserve. 08 (b) The McNeil River Wildlife [STATE GAME] Refuge is established to 09 (1) provide permanent protection for brown bear and other fish and 10 wildlife populations and their habitats, so that these resources may be preserved for 11 scientific, aesthetic, and educational purposes; 12 (2) manage human use and activities in a way that is compatible with 13 (1) of this subsection and to maintain and enhance the unique bear viewing 14 opportunities in the McNeil River Wildlife [STATE GAME] Sanctuary established 15 under AS 16.20.160; 16 (3) provide opportunities that are compatible with (1) of this 17 subsection for wildlife viewing, fisheries enhancement, fishing, hunting, and trapping, 18 for temporary safe anchorage, and for other activities. 19 (c) The [BOARD OF GAME SHALL DETERMINE WHETHER] hunting of 20 brown bears is prohibited within the McNeil River Wildlife [STATE GAME] Refuge 21 [SHOULD BE PROHIBITED]. 22 (d) The use and enjoyment of valid rights and interests in mineral claims, 23 including the right of access, within the McNeil River Wildlife [STATE GAME] 24 Refuge is protected. This subsection does not affect the power of the commissioner of 25 natural resources to open or close land within the McNeil River Wildlife [STATE 26 GAME] Refuge to new mineral entry under AS 38.05.185 - 38.05.275. 27 (e) The department and the Department of Natural Resources 28 (1) may not enter into sales of land within the McNeil River Wildlife 29 [STATE GAME] Refuge; 30 (2) may enter into leases within the McNeil River Wildlife [STATE 31 GAME] Refuge if the commissioner finds that activity conducted under the lease is
01 compatible with the purposes for which the refuge is established; 02 (3) may not accept transfer of state selected land from the federal 03 government, or conveyance of other land, within the refuge if the land is subject to 04 (A) a lease, easement, or other right to operate or maintain a 05 private facility on the land or to conduct a private enterprise on the land; or 06 (B) a continuing trespass by an unauthorized private facility or 07 private enterprise. 08 (f) The commissioner shall prepare a report and notify the legislature of its 09 availability by January 30 of each year on 10 (1) the status of the brown bears and other fish and wildlife resources 11 within the McNeil River Wildlife [STATE GAME] Refuge; and 12 (2) the effect of hunting, fishing, and trapping, fishery enhancement 13 activity, and mineral resource development on these resources. 14 * Sec. 49. AS 16.20.050 is amended to read: 15 Sec. 16.20.050. Multiple land use. Where the use, lease, or disposal of real 16 property in state wildlife [GAME] refuges created by AS 16.20.010 - 16.20.075 17 [AS 16.20.010 - 16.20.080] is under the control or jurisdiction of the state, whether 18 through federal permit or state ownership, the responsible state department or agency 19 shall notify the commissioner of fish and game before initiating any use, lease, or 20 disposal of real property. The commissioner shall acknowledge receipt of notice by 21 return mail. 22 * Sec. 50. AS 16.20.050 is amended by adding a new subsection to read: 23 (b) Before the use, lease, or other disposal of land under private ownership or 24 state jurisdiction and control, within state wildlife refuges created under AS 16.20.550 25 - 16.20.690, the person or responsible state department or agency shall notify the 26 commissioner of fish and game. The commissioner shall acknowledge receipt of 27 notice by return mail. 28 * Sec. 51. AS 16.20 is amended by adding a new section to read: 29 Sec. 16.20.052. Submission of plans and specifications. (a) When a board 30 determines that the following information is required for a particular use of land and 31 water within a state wildlife refuge, the board shall instruct the commissioner, in the
01 letter of acknowledgment required under AS 16.20.050(b), to require the person or 02 governmental agency to submit 03 (1) full plans for the anticipated use; 04 (2) full plans and specifications of proposed construction work; 05 (3) complete plans and specifications for the proper protection of fish 06 and game; and 07 (4) the approximate date when the construction or work is to 08 commence. 09 (b) The board shall require the person or governmental agency to obtain the 10 written approval of the commissioner as to the sufficiency of the plans or 11 specifications before construction is commenced. 12 * Sec. 52. AS 16.20.075 is amended to read: 13 Sec. 16.20.075. Regulations. The board shall, under AS 16.05, adopt 14 regulations governing the taking of game on state wildlife [GAME] refuges under 15 AS 16.20.010 - 16.20.075 and 16.20.550 - 16.20.690 that it considers advisable for 16 conservation and protection purposes. 17 * Sec. 53. AS 16.20.090(b) is amended to read: 18 (b) The purpose of AS 16.20.090 - 16.20.098 is to protect the walruses and 19 other wildlife [GAME] on the Walrus Islands. 20 * Sec. 54. AS 16.20.092 is amended to read: 21 Sec. 16.20.092. Walrus Islands Wildlife [STATE GAME] Sanctuary 22 established. The following land areas in Bristol Bay and adjacent state waters are 23 established as a wildlife [STATE GAME] sanctuary to be known as the Walrus 24 Islands Wildlife [STATE GAME] Sanctuary: 25 (1) Round Island; 26 (2) Crooked Island; 27 (3) High Island; 28 (4) Summit Island; 29 (5) The Twins; 30 (6) Black Rock. 31 * Sec. 55. AS 16.20.094 is amended to read:
01 Sec. 16.20.094. Authority to administer. The boards may adopt regulations 02 governing entry, development, construction, hunting, fishing, and all other uses or 03 activities not in conflict with AS 16.20.096 and 16.20.098 for the purpose of 04 preserving the natural habitat and the fish and wildlife [GAME] of the Walrus Islands 05 Wildlife [STATE GAME] Sanctuary. 06 * Sec. 56. AS 16.20.096 is amended to read: 07 Sec. 16.20.096. Multiple use. Oil and mineral exploration and development is 08 permitted on the Walrus Islands Wildlife [STATE GAME] Sanctuary in accordance 09 with state or federal laws and regulations, subject to the limitations of AS 16.20.098 10 and to additional limitations jointly determined by the commissioner of natural 11 resources and the commissioner of fish and game to ensure [ASSURE] compatible 12 multiple land use practices. 13 * Sec. 57. AS 16.20.098 is amended to read: 14 Sec. 16.20.098. Sale prohibited; authorized leasing. Land in the Walrus 15 Islands Wildlife [STATE GAME] Sanctuary may not be sold. It may be leased only as 16 mineral land as authorized in regulations of the Department of Natural Resources. 17 * Sec. 58. AS 16.20.150 is amended to read: 18 Sec. 16.20.150. Stan Price [STATE] Wildlife Sanctuary. (a) The presently 19 state-owned tide and submerged land and water, and tide and submerged land and 20 water acquired in the future by the state, within the following described parcels is 21 established as a [STATE] wildlife sanctuary to be known as the Stan Price [STATE] 22 Wildlife Sanctuary: 23 Township 46 South, Range 69 East, Copper River Meridian 24 Section 5: W1/2, W1/2E1/2 25 Section 6: SE1/4SE1/4 26 Section 7: NE1/4NE1/4 27 Section 8: NW1/4, W1/2NE1/4, N1/2SW1/4. 28 (b) The Stan Price [STATE] Wildlife Sanctuary is established to provide 29 permanent protection for brown bears, other fish and wildlife populations, and their 30 habitats in the area so that these resources may be preserved for scientific, aesthetic, 31 and educational purposes.
01 (c) A board may adopt regulations governing access, entry, development, 02 construction, and each other use and activity affecting the natural habitat and the fish 03 and wildlife within the Stan Price [STATE] Wildlife Sanctuary. 04 (d) Consistent with (b) of this section, the commissioner shall manage the Stan 05 Price [STATE] Wildlife Sanctuary compatibly with the United States Forest Service's 06 management of the adjacent upland. The commissioner may enter into a cooperative 07 management agreement with a federal agency, a municipality, another state agency, or 08 a private landowner to achieve the purposes of this section. 09 * Sec. 59. AS 16.20.160 is amended to read: 10 Sec. 16.20.160. McNeil River Wildlife [STATE GAME] Sanctuary. The 11 presently [FOLLOWING] state-owned land and water, and land and water 12 acquired in the future by the state, including the tidelands but exclusive of marine 13 water and submerged land, lying within the following parcels described in this 14 subsection is established as the McNeil River Wildlife [STATE GAME] Sanctuary: 15 Township 12 South, Range 29 West, Seward Meridian 16 Sections 1 - 36 17 Township 12 South, Range 30 West, Seward Meridian 18 Sections 1 - 36 19 Township 13 South, Range 29 West, Seward Meridian 20 Sections 5 - 8 21 Sections 17 - 20 22 Sections 29 - 32 23 Township 13 South, Range 30 West, Seward Meridian 24 Sections 1 - 36 25 Township 13 South, Range 31 West, Seward Meridian 26 Sections 1 - 36 27 Township 13 South, Range 32 West, Seward Meridian 28 Sections 1 - 36 29 Township 14 South, Range 32 West, Seward Meridian 30 Sections 1 - 12 31 Sections 15 - 22
01 Sections 27 - 30. 02 * Sec. 60. AS 16.20.160, as repealed and reenacted by sec. 5, ch. 56, SLA 1991, is amended 03 to read: 04 Sec. 16.20.160. Sanctuary established [SANCTUARY ESTABLISHED]. 05 The presently state owned land and water, and land and water acquired in the 06 future by the state, in the following described area and adjacent state waters are 07 established as a state wildlife [GAME] sanctuary to be known as the McNeil River 08 Wildlife [STATE GAME] Sanctuary: Beginning at the NE corner of Section 13, T 12 09 S R 30 W, S.M., westerly along the section lines to the NW corner of Section 18, T 12 10 S R 30 W, S.M., thence southerly along the township boundary to the SW corner of T 11 12 S R 30 W, S.M., thence westerly along the north boundary of T 13 S R 31 W, S.M., 12 to the NW corner of T 13 S R 31 W, S.M., thence westerly along the north boundary 13 of T 13 S R 32 W, S.M., to the NW corner of T 13 S R 32 W, S.M., thence southerly 14 along the west boundary of T 13 S R 32 W, S.M., to the SW corner of T 13 S R 32 W, 15 S.M., thence southerly along the west boundary of T 14 S R 32 W, S.M., to the SW 16 corner of Section 30, T 14 S R 32 W, S.M., thence easterly along the section lines to 17 the SE corner of Section 27, T 14 S R 32 W, S.M., thence northerly along the section 18 lines to the NE corner of Section 15, T 14 S R 32 W, S.M., thence easterly along the 19 section lines to the east boundary of T 14 S R 32 W, S.M., thence northerly along the 20 east boundary of T 14 S R 32 W, S.M., to the NE corner of T 14 S R 32 W, S.M., 21 thence easterly along the south boundary of T 13 S R 31 W, S.M., to the SE corner of 22 T 13 S R 31 W, S.M., thence northerly along the east boundary of T 13 S R 31 W, 23 S.M., to the NE corner of Section 24, T 13 S R 31 W, S.M., thence easterly along the 24 section lines to the SE corner of Section 16, T 13 S R 30 W, S.M., thence northerly 25 along the section lines to the NE corner of Section 4, T 13 S R 30 W, S.M., thence 26 easterly along the south boundary of T 12 S R 30 W, S.M., to the SE corner of T 12 S 27 R 30 W, S.M., thence easterly along the south boundary of T 12 S R 29 W, S.M., to 28 the shoreline of Horseshoe Cove located in Section 32, T 12 S R 29 W, S.M., thence 29 northerly, westerly, and northerly along the line of mean high tide to the point of 30 beginning. 31 * Sec. 61. AS 16.20.162 is amended to read:
01 Sec. 16.20.162. Purpose; regulations. (a) The McNeil River Wildlife 02 [STATE GAME] Sanctuary is established to 03 (1) provide permanent protection for brown bear and other fish and 04 wildlife populations and their habitats, so that these resources may be preserved for 05 scientific, aesthetic, and educational purposes; 06 (2) manage human use and activities in a way that is compatible with 07 (1) of this subsection and to maintain and enhance the unique bear viewing 08 opportunities within the sanctuary; and 09 (3) provide opportunities that are compatible with (1) of this 10 subsection for wildlife viewing, fisheries enhancement, and fishing, for temporary safe 11 anchorage, and for other activities. 12 (b) Hunting and trapping within the McNeil River Wildlife [STATE GAME] 13 Sanctuary are prohibited. 14 (c) The department and the Department of Natural Resources 15 (1) may not enter into sales of land within the McNeil River Wildlife 16 [STATE GAME] Sanctuary; 17 (2) may enter into leases within the McNeil River Wildlife [STATE 18 GAME] Sanctuary if the commissioner finds that activity conducted under the lease is 19 compatible with the purposes for which the sanctuary is established; 20 (3) may not accept transfer of state selected land from the federal 21 government, or conveyance of other land, within the sanctuary if the land is subject to 22 (A) a lease, easement, or other right to operate or maintain a 23 private facility on the land or to conduct a private enterprise on the land; or 24 (B) a continuing trespass by an unauthorized private facility or 25 private enterprise. 26 (d) The McNeil River Wildlife [STATE GAME] Sanctuary is closed to 27 mineral entry under AS 38.05.185 - 38.05.275. 28 (e) The boards may adopt regulations governing access, entry, development, 29 construction, fishing, and other uses and activities affecting the natural habitat, fish 30 and wildlife, and public use of the McNeil River Wildlife [STATE GAME] 31 Sanctuary.
01 (f) The commissioner shall prepare a report and notify the legislature of its 02 availability by January 30 of each year on 03 (1) the status of the brown bears and other fish and wildlife resources 04 within the McNeil River Wildlife [STATE GAME] Sanctuary; and 05 (2) the effects of fishing and fishery enhancement activity on these 06 resources. 07 * Sec. 62. AS 16.20.162, as repealed and reenacted by sec. 6, ch. 56, SLA 1991, is amended 08 to read: 09 Sec. 16.20.162. Applicability of other laws [APPLICABILITY OF OTHER 10 LAWS]. The provisions of AS 16.20.120 - 16.20.140 relating to administration, 11 multiple use and sale and lease of the Walrus Islands Wildlife [STATE GAME] 12 Sanctuary apply also with respect to the McNeil River Wildlife [STATE GAME] 13 Sanctuary. 14 * Sec. 63. AS 16.20.550 is amended to read: 15 Sec. 16.20.550. Port Moller Wildlife Refuge [CRITICAL HABITAT 16 AREA] established. The presently state-owned land and water, and land and 17 water acquired in the future by the state, within the following described area is 18 established as the Port Moller Wildlife Refuge [CRITICAL HABITAT AREA]: 19 (1) Township 50 South, Range 71 West, Seward Meridian 20 Sections 7 - 8 21 Section 14 [(NOT TIDE OR SUBMERGED LAND)] 22 Sections 15 - 17 23 Sections 21 - 23 24 Section 32; 25 (2) Township 51 South, Range 71 West, Seward Meridian 26 Section 3 [(NOT TIDE OR SUBMERGED LAND)] 27 Sections 4 - 5 28 Section 7 29 Sections 9 - 10 30 Sections 15 - 17; 31 (3) Township 49 South, Range 73 West, Seward Meridian
01 Sections 10 - 11 02 Section 12 [(NOT TIDE OR SUBMERGED LAND)] 03 Sections 13 - 16 04 Section 21 05 Section 24 06 Section 28; 07 (4) Township 51 South, Range 72 West, Seward Meridian 08 Sections 5 - 8 09 Sections 11 - 12; 10 (5) Township 50 South, Range 72 West, Seward Meridian 11 Sections 18 - 19 12 Sections 30 - 32; 13 (6) Township 50 South, Range 73 West, Seward Meridian 14 Sections 7 - 13 15 Sections 14 - 17 [(NOT TIDE OR SUBMERGED LAND)] 16 Section 18; 17 (7) Township 50 South, Range 74 West, Seward Meridian 18 Sections 5 - 7 19 Section 8 [(NOT TIDE OR SUBMERGED LAND)] 20 Sections 9 - 13 21 Sections 14 - 16 [(NOT TIDE OR SUBMERGED LAND)] 22 Sections 17 - 18 23 Section 20; 24 (8) Township 50 South, Range 75 West, Seward Meridian 25 Section 1 26 Sections 6 - 7 27 Section 12; 28 (9) Township 49 South, Range 75 West, Seward Meridian 29 Section 3 30 Sections 4 - 6 [(NOT TIDE OR SUBMERGED LAND)] 31 Sections 7 - 11
01 Sections 14 - 16 02 Sections 21 - 32; 03 (10) Township 48 South, Range 74 [75] West, Seward Meridian 04 Sections 15 - 18 05 Section 22 06 Sections 29 - 30 07 Section 31 [(NOT TIDE OR SUBMERGED LAND)] 08 Section 32; 09 (11) Township 48 South, Range 75 [76] West, Seward Meridian 10 Sections 13 - 17 11 Sections 19 - 23 12 Sections 25 - 27 13 Sections 29 - 30 14 Sections 34 - 35 15 Section 36 [(NOT TIDE OR SUBMERGED LAND)]; 16 (12) Township 50 South, Range 76 West, Seward Meridian 17 Section 1 18 Section 3 19 Section 4 [(NOT TIDE OR SUBMERGED LAND)] 20 Section 9 [(NOT TIDE OR SUBMERGED LAND)] 21 Sections 10 - 13 22 Sections 14 - 16 [(NOT TIDE OR SUBMERGED LAND)] 23 Sections 21 - 23 [(NOT TIDE OR SUBMERGED LAND)] 24 Sections 24 - 25 25 Sections 26 - 28 [(NOT TIDE OR SUBMERGED LAND)]; 26 (13) Township 49 South, Range 76 West, Seward Meridian 27 Sections 1 - 4 28 Sections 7 - 9 29 Sections 10 - 11 [(NOT TIDE OR SUBMERGED LAND)] 30 Sections 12 - 14 31 Sections 15 - 16 [(NOT TIDE OR SUBMERGED LAND)]
01 Sections 17 - 18 02 Section 21 [(NOT TIDE OR SUBMERGED LAND)] 03 Section 22 04 Sections 28 - 29 05 Sections 33 - 34; 06 (14) Township 49 South, Range 77 West, Seward Meridian 07 Sections 1 - 2 08 Sections 4 - 5 09 Sections 7 - 12 10 Sections 13 - 18 [(NOT TIDE OR SUBMERGED LAND)]; 11 (15) Township 48 South, Range 76 [77] West, Seward Meridian 12 Sections 20 - 23 13 Sections 26 - 28; 14 (16) Township 48 South, Range 77 [78] West, Seward Meridian 15 Sections 26 - 27 16 Sections 31 - 34; 17 (17) Township 49 South, Range 78 West, Seward Meridian 18 Sections 2 - 5 19 Sections 8 - 12 20 Sections 13 - 16 [(NOT TIDE OR SUBMERGED LAND)] 21 Section 17. 22 * Sec. 64. AS 16.20.550 is amended by adding a new subsection to read: 23 (b) Regulations adopted for the Port Moller Wildlife Refuge do not apply to 24 private land located within the area described in (a) of this section. 25 * Sec. 65. AS 16.20.555 is amended to read: 26 Sec. 16.20.555. Port Heiden Wildlife Refuge [CRITICAL HABITAT 27 AREA] established. The presently state-owned land and water, and land and 28 water acquired in the future by the state, within the following described area is 29 established as the Port Heiden Wildlife Refuge [CRITICAL HABITAT AREA]: 30 (1) Township 38 South, Range 59 West, Seward Meridian 31 Sections 13 - 15 (not tide or submerged land)
01 Section 16 02 Section 21 03 Sections 22 - 27 (not tide or submerged land) 04 Section 28 05 Sections 33 - 34 06 Sections 35 - 36 (not tide or submerged land); 07 (2) Township 38 South, Range 60 West, Seward Meridian 08 Sections 17 - 19; 09 (3) Township 38 South, Range 61 West, Seward Meridian 10 Sections 24 - 26 11 Section 34; 12 (4) Township 39 South, Range 59 West, Seward Meridian 13 Sections 1 - 2 (not tide or submerged land) 14 Section 3 15 Sections 10 - 14 (not tide or submerged land) 16 Section 15 17 Sections 19 - 22 18 Sections 26 - 29 19 Sections 30 - 33 (not tide or submerged land) 20 Sections 34 - 36; 21 (5) Township 39 South, Range 60 West, Seward Meridian 22 Sections 18 - 24 23 Section 25 (not tide or submerged land) 24 Sections 26 - 27 25 Sections 28 - 36 (not tide or submerged land); 26 (6) Township 39 South, Range 61 West, Seward Meridian 27 Sections 2 - 4 28 Sections 8 - 9 29 Section 10 (not tide or submerged land) 30 Sections 11 - 13 31 Sections 14 - 15 (not tide or submerged land)
01 Sections 16 - 18 02 Sections 19 - 20 (not tide or submerged land) 03 Section 21 04 Sections 22 - 36 (not tide or submerged land); 05 (7) Township 39 South, Range 62 West, Seward Meridian 06 Section 13 07 Sections 23 - 28 08 Sections 32 - 34 09 Sections 35 - 36 (not tide or submerged land). 10 * Sec. 66. AS 16.20.555 is amended by adding a new subsection to read: 11 (b) Regulations adopted for the Port Heiden Wildlife Refuge do not apply to 12 private land located within the area described in (a) of this section. 13 * Sec. 67. AS 16.20.560 is amended to read: 14 Sec. 16.20.560. Cinder River Wildlife Refuge [CRITICAL HABITAT 15 AREA] established. The presently state-owned land and water, and land and 16 water acquired in the future by the state, within the following described area is 17 established as the Cinder River Wildlife Refuge [CRITICAL HABITAT AREA]: 18 (1) Township 32 South, Range 54 West, Seward Meridian 19 Section 29 20 Sections 31 - 33 [31 - 32]; 21 (2) Township 33 South, Range 55 West, Seward Meridian 22 Sections 1 - 4 23 Sections 7 - 13 24 Sections 14 - 17 25 Sections 18 - 23 26 Sections 27 - 32 [(NOT TIDE OR SUBMERGED LAND) 27 SECTION 18]; 28 (3) Township 33 South, Range 56 West, Seward Meridian 29 Sections 13 - 14 30 Sections 22 - 23 31 Sections 24 - 26 [(NOT TIDE OR SUBMERGED LAND)]
01 Sections 27 - 29 02 Sections 31 - 32 03 Sections 33 - 36 [(NOT TIDE OR SUBMERGED LAND)]; 04 (4) Township 34 South, Range 56 West, Seward Meridian 05 Sections 3 - 10 06 Sections 15 - 16 [5 - 7 07 SECTION 4 N 1/2]; 08 (5) Township 34 South, Range 57 West, Seward Meridian 09 Section 1 10 Section 12. 11 * Sec. 68. AS 16.20.565 is amended to read: 12 Sec. 16.20.565. Egegik Wildlife Refuge [CRITICAL HABITAT AREA] 13 established. The presently state-owned land and water, and land and water 14 acquired by the state in the future, within the following described area is 15 established as the Egegik Wildlife Refuge [CRITICAL HABITAT AREA]: 16 (1) Township 24 South, Range 51 West, Seward Meridian 17 Sections 1 - 2 18 Section 11 N [S] 1/2 19 Section 12 N 1/2; 20 (2) Township 23 South, Range 51 West, Seward Meridian 21 Section 13 22 Sections 24 - 25 23 Sections 35 - 36; 24 (3) Township 23 South, Range 50 West, Seward Meridian 25 Section 7 26 Sections 18 - 19 27 Section 30 28 Section 31 (not tide or submerged land). 29 * Sec. 69. AS 16.20.565 is amended by adding a new subsection to read: 30 (b) Regulations adopted for the Egegik Wildlife Refuge do not apply to 31 private land located within the area described in (a) of this section.
01 * Sec. 70. AS 16.20.570 is amended to read: 02 Sec. 16.20.570. Pilot Point Wildlife Refuge [CRITICAL HABITAT AREA] 03 established. The presently state-owned land and water, and land and water 04 acquired in the future by the state, within the following described area is 05 established as the Pilot Point Wildlife Refuge [CRITICAL HABITAT AREA]: 06 (1) Township 30 South, Range 52 West, Seward Meridian (protracted) 07 Sections 1 - 3 08 Section 12; 09 (2) Township 30 South, Range 51 West, Seward Meridian (protracted) 10 Sections 5 - 8 11 Section 17; 12 (3) Township 31 South, Range 51 West, Seward Meridian (protracted) 13 Sections 5 - 8 14 Sections 13 - 15 15 Sections 17 - 27; 16 (4) Township 30 South, Range 52 West, Seward Meridian (protracted) 17 Sections 27 - 29 18 Sections 31 - 34; 19 (5) Township 31 South, Range 52 West, Seward Meridian (protracted) 20 Sections 1 - 3 21 Sections 5 - 6 22 Sections 11 - 14 23 Sections 23 - 24; 24 (6) Township 30 South, Range 53 West, Seward Meridian (protracted) 25 Section 36; 26 (7) Township 31 South, Range 53 West, Seward Meridian (protracted) 27 Sections 1 - 2 28 Sections 10 - 11 29 Sections 12 - 14 [(NOT TIDE OR SUBMERGED LAND)] 30 Sections 15 - 16 31 Sections 20 - 21
01 Sections 22 - 28 [(NOT TIDE OR SUBMERGED LAND)] 02 Sections 29 - 31 03 Sections 32 - 36 [(NOT TIDE OR SUBMERGED LAND)]; 04 (8) Township 31 [32] South, Range 54 West, Seward Meridian 05 (protracted) 06 Section 36. 07 * Sec. 71. AS 16.20.570 is amended by adding a new subsection to read: 08 (b) Regulations adopted for the Pilot Point Wildlife Refuge do not apply to 09 private land located within the area described in (a) of this section. 10 * Sec. 72. AS 16.20.575 is amended to read: 11 Sec. 16.20.575. Kalgin Island Wildlife Refuge [CRITICAL HABITAT 12 AREA] established. The presently state-owned land and water, and land and 13 water acquired in the future by the state, within the following described area is 14 established as the Kalgin Island Wildlife Refuge [CRITICAL HABITAT AREA]: 15 (1) Township 3 North, Range 15 West, Seward Meridian 16 Section 7: NW 1/4 17 Section 6: SW 1/4; 18 (2) Township 3 North, Range 16 West, Seward Meridian 19 Section 1 20 Sections 11 - 12 21 Section 2: E 1/2; 22 (3) Township 4 North, Range 16 West, Seward Meridian 23 Section 35: E 1/2 24 Section 36. 25 * Sec. 73. AS 16.20.580 is amended to read: 26 Sec. 16.20.580. Fox River Flats Wildlife Refuge [CRITICAL HABITAT 27 AREA] established. The presently state-owned land and water, and land and 28 water acquired in the future by the state, within the following described area is 29 established as the Fox River Flats Wildlife Refuge [CRITICAL HABITAT AREA]: 30 (1) Township 4 South, Range 10 West, Seward Meridian 31 Section 20: SE 1/4 [(NOT TIDE OR SUBMERGED LAND)]
01 Section 21: S 1/2 [(NOT TIDE OR SUBMERGED LAND)] 02 Section 22: S 1/2 03 Section 23: S 1/2 [(NOT TIDE OR SUBMERGED LAND)] 04 Sections 25 - 29 05 Sections 33 - 36; 06 (2) Township 4 South, Range 9 West, Seward Meridian 07 Section 30: W 1/2 [(NOT TIDE OR SUBMERGED LAND)]. 08 * Sec. 74. AS 16.20.580 is amended by adding new subsections to read: 09 (b) A person may not operate a personal watercraft within the Fox River Flats 10 Wildlife Refuge established under (a) of this section. 11 (c) In this section, "personal watercraft" means a vessel that is 12 (1) less than 16 feet in length; 13 (2) propelled by a water jet pump or other machinery as its primary 14 source of motor propulsion; and 15 (3) designed to be operated by a person sitting, standing, or kneeling 16 on the vessel, rather than by a person sitting or standing inside the vessel. 17 * Sec. 75. AS 16.20.585 is amended to read: 18 Sec. 16.20.585. Chilkat River Wildlife Refuge [CRITICAL HABITAT 19 AREA] established. The presently state-owned land and water, and land and 20 water acquired in the future, within the following described area is established as 21 the Chilkat River Wildlife Refuge [CRITICAL HABITAT AREA]: 22 The areas encompassed by a boundary beginning at a point identical with the 23 north corners common to Sections 1 and 2, Township 29 South, Range 56 East, 24 Copper River Meridian, Alaska; thence west a distance of 500 feet along the north 25 boundary of Section 2; thence south along a line parallel to the west boundary of 26 Section 2, Township 29 South, Range 56 East, Copper River Meridian, a distance of 27 approximately one mile to the south boundary of Section 2; thence east a distance of 28 approximately 500 feet to the southeast corner of Section 2; thence south along the 29 east boundary of Section 11, Township 29 South, Range 56 West, Copper River 30 Meridian crossing the Tsirku River, to the first point of intersection with a meander 31 line 500 feet upland from the line of mean high water on the south bank of the Tsirku
01 River; thence easterly along said meander line to its first point of intersection with a 02 western boundary or the northerly extension of the western boundary of U.S. Survey 03 786; thence to the northwest corner of U.S. Survey 786; thence east 2,640 feet to the 04 northeast corner of U.S. Survey 786; thence south along the east boundary to U.S. 05 Survey 786 to its intersection with the section line common to Sections 17 and 20 of 06 Township 29 South, Range 57 East, Copper River Meridian; thence east along said 07 section line to its first point of intersection with a meander line running 500 feet 08 upland from the mean high water mark on the west bank of the Chilkat River; thence 09 meandering in a southeasterly direction along a line 500 feet upland from the mean 10 high water mark on the southeast bank of the Chilkat River to its first point of 11 intersection with the section line common to Sections 21 and 28 of Township 29 12 South, Range 57 East, Copper River Meridian; thence east along said section line to 13 the corner common to Sections 21, 22, 27, and 28, Township 29 South, Range 57 East, 14 Copper River Meridian; thence north along section lines to the point of intersection 15 with the Haines Highway right-of-way; thence northwesterly along the southwest 16 boundary of said highway right-of-way to the point of intersection with the north 17 boundary of Section 6, Township 29 South, Range 57 East, Copper River Meridian; 18 thence west along section lines to the point of beginning, comprising 4,800 acres, 19 more or less. 20 * Sec. 76. AS 16.20.590 is amended to read: 21 Sec. 16.20.590. Kachemak Bay Wildlife Refuge [CRITICAL HABITAT 22 AREA] established. (a) The presently state-owned land and water, and land and 23 water acquired in the future by the state, within the following described area is 24 established as the Kachemak Bay Wildlife Refuge [CRITICAL HABITAT AREA]: 25 (1) Township 4 South, Range 10 West, Seward Meridian (only tide 26 and submerged land and waters); 27 (2) Township 4 South, Range 11 West, Seward Meridian (only tide 28 and submerged land and waters); 29 (3) Township 5 South, Range 10 West, Seward Meridian (only tide 30 and submerged land and waters); 31 (4) [(3)] Township 5 South, Range 11 West, Seward Meridian (only
01 tide and submerged land and waters); 02 (5) [(4)] Township 5 South, Range 12 West, Seward Meridian (only 03 tide and submerged land and waters); 04 (6) [(5)] Township 6 South, Range 11 West, Seward Meridian (only 05 tide and submerged land and waters); 06 (7) [(6)] Township 6 South, Range 12 West, Seward Meridian (only 07 tide and submerged land and waters); 08 (8) [(7)] Township 6 South, Range 13 West, Seward Meridian (only 09 tide and submerged land and waters); 10 (9) [(8)] Township 6 South, Range 14 West, Seward Meridian (only 11 tide and submerged land and waters); 12 (10) [(9)] Township 7 South, Range 11 West, Seward Meridian (only 13 tide and submerged land and waters); 14 (11) [(10)] Township 7 South, Range 12 West, Seward Meridian (only 15 tide and submerged land and waters); 16 (12) [(11)] Township 7 South, Range 13 West, Seward Meridian (only 17 tide and submerged land and waters); 18 (13) [(12)] Township 7 South, Range 14 West, Seward Meridian (only 19 tide and submerged land and waters); 20 (14) [(13)] Township 8 South, Range 12 West, Seward Meridian (only 21 tide and submerged land and waters); 22 (15) [(14)] Township 8 South, Range 13 West, Seward Meridian (only 23 tide and submerged land and waters); 24 (16) [(15)] Township 8 South, Range 14 West, Seward Meridian (only 25 tide and submerged land and waters); 26 (17) [(16)] Township 9 South, Range 14 West, Seward Meridian (only 27 tide and submerged land and waters); 28 (18) [(17)] Township 9 South, Range 15 West, Seward Meridian (only 29 tide and submerged land and waters east of a line from Anchor Point to Point 30 Pogibshi); 31 (19) [(18)] Township 5 South, Range 15 West, Seward Meridian
01 (including all tide and submerged land and waters east of a line from Anchor Point to 02 Point Pogibshi); 03 (20) [(19)] Township 6 South, Range 15 West, Seward Meridian 04 (including all tide and submerged land and waters east of a line from Anchor Point to 05 Point Pogibshi); 06 (21) [(20)] Township 7 South, Range 15 West, Seward Meridian 07 (including all tide and submerged land and waters east of a line from Anchor Point to 08 Point Pogibshi); 09 (22) [(21)] Township 8 South, Range 15 West, Seward Meridian 10 (including all tide and submerged land and waters east of a line from Anchor Point to 11 Point Pogibshi); 12 (23) [(22)] Township 9 South, Range 12 West, Seward Meridian (only 13 tide and submerged land and waters). 14 (b) Notwithstanding (a) of this section, the land described in this subsection is 15 excluded from the Kachemak Bay Wildlife Refuge [CRITICAL HABITAT AREA] 16 established under (a) of this section. The land that is excluded is described as 17 (1) Township 6 South, Range 13 West, Seward Meridian 18 Section 35 (those portions of the tidelands and submerged lands 19 lying northerly of the Homer Spit, including any portion of the 20 Homer Small Boat Basin, within the SE1/4 of the protracted 21 section; and any portion within The Fishin' Hole subdivision, 22 Plat 92-39 Homer Recording District) 23 Section 36 (those portions of the tidelands and submerged 24 lands, including any portion of the Homer Small Boat Basin 25 within the S1/2 of the protracted section); 26 (2) Township 7 South, Range 13 West, Seward Meridian 27 Section 1 (those portions of the tidelands and submerged lands 28 lying northerly or easterly of the Homer Spit, including any 29 portion of the Homer Small Boat Basin, within the N1/2N1/2 30 and N1/2S1/2N1/2 of the protracted section) 31 Section 2 (those portions of the tidelands and submerged lands
01 lying in the Homer Small Boat Basin within the 02 NE1/4NE1/4NE1/4 of the protracted section). 03 * Sec. 77. AS 16.20.590 is amended by adding new subsections to read: 04 (c) A person may not operate a personal watercraft within the Kachemak Bay 05 Wildlife Refuge established under (a) of this section. 06 (d) In this section, "personal watercraft" has the meaning given in 07 AS 16.20.580(c). 08 * Sec. 78. AS 16.20.595 is amended to read: 09 Sec. 16.20.595. Clam Gulch Wildlife Refuge [CRITICAL HABITAT 10 AREA] established. The presently state-owned tide and submerged land to the 11 minus five foot elevation, and tide and submerged land to the minus five foot 12 elevation acquired in the future by the state, from Cape Kasilof to Happy Valley 13 within the following described area is established as the Clam Gulch Wildlife Refuge 14 [CRITICAL HABITAT AREA]: 15 [ALL TIDE AND SUBMERGED LAND TO THE MINUS FIVE FOOT 16 ELEVATION, FROM CAPE KASILOF TO HAPPY VALLEY, CONTAINED IN 17 THE FOLLOWING DESCRIPTION:] 18 (1) Township 3 North, Range 12 West, Seward Meridian Sections 9, 19 16, 21, 28, 33; 20 (2) Township 2 North, Range 12 West, Seward Meridian Sections 4, 8, 21 9, 17, 20, 29, 31, 32; 22 (3) Township 1 North, Range 12 West, Seward Meridian Sections 6 - 23 7; 24 (4) Township 1 North, Range 13 West, Seward Meridian Sections 12 - 25 14, 22, 23, 27, 33, 34; 26 (5) Township 1 South, Range 13 West, Seward Meridian Sections 5 - 27 7; 28 (6) Township 1 South, Range 14 West, Seward Meridian Sections 12 - 29 14, 23, 26 - 27, 33 - 34; 30 (7) Township 2 South, Range 14 West, Seward Meridian Sections 4, 8 31 - 9, 17, 20, 29, 32;
01 (8) Township 3 South, Range 14 West, Seward Meridian Sections 5, 6, 02 and that portion of Section 7 lying north of Happy Creek. 03 * Sec. 79. AS 16.20.600 is amended to read: 04 Sec. 16.20.600. Copper River Delta Wildlife Refuge [CRITICAL 05 HABITAT AREA] established. The presently state-owned land and water, and 06 land and water acquired by the state in the future, within the following described 07 area is established as the Copper River Delta Wildlife Refuge [CRITICAL HABITAT 08 AREA]: 09 All [PUBLIC] land, tideland, submerged land, and water contained in the 10 following described area [DESCRIPTION]: Beginning at a point on the south edge 11 of the Copper River Highway right-of-way 200' west of its intersection with the Eyak 12 Trail trailhead; thence southwesterly 200' west of the Eyak Trail and parallel to it 13 approximately 4 miles to the mean high tide line; thence southwesterly along the mean 14 high tide line to Point Whitshed; thence northwesterly along the mean high tide line to 15 a point of intersection at the west edge of Section 21, T16S, R4W, C.R.M. and the 16 mean high tide line at the mouth of Orca Inlet; thence westerly a distance of 17 approximately 3 miles to the northeast tip of Little Mummy Island; thence 18 southwesterly a distance of approximately 4 miles to the intersection of the south edge 19 of Section 33, T16S, R5W, C.R.M. and the mean high tide line; thence along the mean 20 high tide line on the east portion of Hinchinbrook Island, including Boswell Bay to 21 Point Bentinck; thence S.68°E. approximately 57 miles to a point of intersection with 22 the protracted boundary line common between R4E and R5E, C.R.M.; thence N.13°E. 23 approximately 10 miles to Palm Point; thence northwesterly along the mean high tide 24 line to a point of intersection with the west boundary line of Section 25, T19S, R4E, 25 C.R.M. to a point of intersection with the mean high tide line on the north shore of 26 Softuk Bar; thence northwesterly to Windy Point; thence due east approximately 1.1 27 miles to the 200 foot contour; thence northerly along the 200 foot contour around 28 Ragged Mountain, easterly and northerly along the eastern shore of Martin and Little 29 Martin lakes to a point 4 miles due south of Bridge No. 227 on the Proposed Bering 30 River Highway; thence north to Bridge No 227; thence westerly along the south edge 31 of the Bering River Highway to its junction with the Copper River Highway; thence,
01 westerly along the south edge of the Copper River Highway to the point of beginning; 02 excluding all areas within the Cordova Airport Boundaries. 03 * Sec. 80. AS 16.20.605(a) is amended to read: 04 (a) All presently state-owned [STATE] land and water, and all land and 05 water acquired in the future by the state, contained in the following described areas 06 is established as the Anchor River and Fritz Creek Wildlife Refuge [CRITICAL 07 HABITAT AREA]: 08 (1) Township 4 South, Range 13 West, Seward Meridian 09 Section 25 10 Section 35 11 Section 36; 12 (2) Township 5 South, Range 12 West, Seward Meridian 13 Sections 17 - 20; 14 (3) Township 5 South, Range 13 West, Seward Meridian 15 Section 2 16 Section 3 17 Section 4: E1/2 18 Section 8: S1/2 19 Sections 9 - 11 20 Sections 13 - 20 21 Section 21: W1/2 22 Section 24; 23 (4) Township 5 South, Range 14 West, Seward Meridian 24 Section 13 25 Section 20: NE1/4 26 Sections 21 - 24 27 Section 26: N1/2 28 Section 27: N1/2 29 Section 28: N1/2, NW1/4 SW1/4 30 Section 29: Lots 1 - 15, Lots 17 - 23, inclusive, Angler's 31 Haven Estates, according to the official plat filed under
01 Plat No. 2000-63, records of the Homer Recording District, 02 Third Judicial District, State of Alaska; Lot A-2, Hughes 03 Tool Co. Sayer Addition, according to the survey plat 04 recorded in the Homer Recording District on December 4, 05 2002, as Plat No. 2002-70 06 Section 32: Lot 36-A and Tract A, Hughes Tool Co. Sayer 07 Addition No. 6, according to the official plat filed under 08 Plat No. 2007-110, records of the Homer Recording 09 District, Third Judicial District, State of Alaska. 10 * Sec. 81. AS 16.20.605(b) is amended to read: 11 (b) Notwithstanding AS 16.20.020 [AS 16.20.500] and the establishment of 12 the Anchor River and Fritz Creek Wildlife Refuge [CRITICAL HABITAT AREA] 13 under (a) of this section, 14 (1) the use of and appropriation of water rights from Fritz Creek for a 15 municipal and community water source is protected within the Anchor River and Fritz 16 Creek Wildlife Refuge [CRITICAL HABITAT AREA]; 17 (2) the possibility of the construction of a dam and reservoir on Fritz 18 Creek is reserved within the Anchor River and Fritz Creek Wildlife Refuge 19 [CRITICAL HABITAT AREA]. 20 * Sec. 82. AS 16.20.605(c) is amended to read: 21 (c) The use and enjoyment of valid existing rights and interests within the 22 Anchor River and Fritz Creek Wildlife Refuge [CRITICAL HABITAT AREA] are 23 protected. Future conveyances, including [BUT NOT LIMITED TO] rights-of-way, 24 timber sales, municipal entitlements, grazing leases, and oil and gas leases, may occur. 25 * Sec. 83. AS 16.20.605(d) is amended to read: 26 (d) A management plan for the Anchor River and Fritz Creek Wildlife Refuge 27 [CRITICAL HABITAT AREA] shall be adopted and may be revised by the 28 Department of Fish and Game in consultation with the Department of Natural 29 Resources under AS 44.62 (Administrative Procedure Act). The management plan 30 shall reflect the concurrence of the Kenai Peninsula Borough as it applies to land 31 committed by the borough to the Anchor River and Fritz Creek Wildlife Refuge
01 [CRITICAL HABITAT AREA]. 02 * Sec. 84. AS 16.20.605(e) is amended to read: 03 (e) The department shall establish a citizens' advisory committee to work with 04 the department and advise on implementation and revisions of the management plan 05 for the Anchor River and Fritz Creek Wildlife Refuge [CRITICAL HABITAT 06 AREA]. 07 * Sec. 85. AS 16.20.610(a) is amended to read: 08 (a) The purpose of the Dude Creek Wildlife Refuge [CRITICAL HABITAT 09 AREA] is the protection and enhancement of the wet meadow habitat that is the key 10 roosting area for migrating lesser sandhill cranes, for the protection of lesser sandhill 11 cranes, and for the continued public use and enjoyment of the area. 12 * Sec. 86. AS 16.20.610(b) is amended to read: 13 (b) The presently state-owned land and water, and land and water 14 acquired in the future by the state, within the following described area is 15 established as the Dude Creek Wildlife Refuge [CRITICAL HABITAT AREA]: 16 (1) Township 40 South, Range 58 East, Copper River Meridian 17 Section 2: W1/2 18 Section 3 19 Sections 9 - 10 20 Section 11: W1/2NE1/4, W1/2 21 Section 14: Lot 3, NW1/4, N1/2SW1/4, SW1/4SW1/4, 22 S1/2SE1/4NE1/4, SW1/4NE1/4, W1/2NW1/4NE1/4, 23 N1/2SE1/4 and the tide and submerged land of Dude 24 Creek 25 Section 15 26 Section 16: N1/2, SE1/4 27 Section 23: The tide and submerged land of Dude Creek; 28 (2) Tracts A and B of Gustavus Flats, Trust Land Survey No. 29 2004-01, located within Township 40 South, Range 58 East, Copper River 30 Meridian, containing 1,279.09 acres, more or less, according to the survey plat 31 filed in the Juneau Recording District on October 22, 2004, as Plat No. 2004-39.
01 * Sec. 87. AS 16.20.610(c) is amended to read: 02 (c) The Dude Creek Wildlife Refuge [CRITICAL HABITAT AREA] 03 described in (b) of this section shall be managed under a management plan prepared 04 and implemented by the department in consultation with the community of Gustavus 05 and the Board of Game. 06 * Sec. 88. AS 16.20.610(e) is amended to read: 07 (e) The legislature understands that a portion of the state land described in (b) 08 of this section is mental health trust land of the state and the legislature intends that the 09 land retain its status as mental health trust land, notwithstanding its inclusion in the 10 Dude Creek Wildlife Refuge [CRITICAL HABITAT AREA]. 11 * Sec. 89. AS 16.20.610 is amended by adding a new subsection to read: 12 (f) Egress and ingress to and from private property within the parcels 13 described in (b) of this section shall be allowed through access corridors established 14 through agreement between the Department of Natural Resources, the Department of 15 Fish and Game, and the private property owners involved. 16 * Sec. 90. AS 16.20.615 is amended to read: 17 Sec. 16.20.615. Tugidak Island Wildlife Refuge [CRITICAL HABITAT 18 AREA]. (a) The presently state-owned [STATE] land and water, and land and 19 water acquired in the future by the state, that is above the mean lower low water 20 [HIGH TIDE] line and is within the following described area is established as the 21 Tugidak Island Wildlife Refuge [CRITICAL HABITAT AREA]: 22 (1) Township 41 South, Ranges 33 - 34 West, Seward Meridian; 23 (2) Township 42 South, Range 33 West, Seward Meridian 24 Sections 1 - 11 25 Sections 14 - 23 26 Sections 25 - 36; 27 (3) Township 42 South, Ranges 34 - 35 West, Seward Meridian; 28 (4) Township 43 South, Ranges 34 - 35 West, Seward Meridian. 29 (b) In addition to the area described in (a) of this section, the presently state- 30 owned water and the land, and water and land acquired by the state in the future, 31 below the mean high tide line in the lagoon at the northeast end of Tugidak Island are
01 included within the Tugidak Island Wildlife Refuge [CRITICAL HABITAT AREA]. 02 (c) The Tugidak Island Wildlife Refuge [CRITICAL HABITAT AREA] 03 described in (a) and (b) of this section shall be managed under a management plan 04 prepared by the department. 05 (d) The department shall permit existing cabins to remain, subsistence and 06 recreational uses to continue, and commercial uses, such as seal hunting and placer 07 mining, to continue, if appropriate under the management plan adopted under (c) of 08 this section, to the extent that the activities are compatible with the establishment of 09 the Tugidak Island Wildlife Refuge [CRITICAL HABITAT AREA]. 10 (e) The department shall permit entry within the Tugidak Island Wildlife 11 Refuge [CRITICAL HABITAT AREA] for the exploration and development of oil 12 and gas resources when compatible with the purposes for which the refuge 13 [CRITICAL HABITAT AREA] was established. An oil and gas lease of state land 14 within the Tugidak Island Wildlife Refuge [CRITICAL HABITAT AREA] is valid 15 and continues in full force according to its terms. 16 * Sec. 91. AS 16.20.620 is amended to read: 17 Sec. 16.20.620. Willow Mountain Wildlife Refuge [CRITICAL HABITAT 18 AREA] established. (a) The presently state-owned land and water, and land and 19 water acquired in the future by the state, within the following described area is 20 established as the Willow Mountain Wildlife Refuge [CRITICAL HABITAT AREA]: 21 (1) Township 20 North, Range 2 West, Seward Meridian 22 Section 7 23 Sections 18 - 19; 24 (2) Township 20 North, Range 3 West, Seward Meridian 25 Sections 1 - 2 26 Sections 11 - 14 27 Sections 23 - 24; 28 (3) Township 21 North, Range 2 West, Seward Meridian 29 Sections 4 - 7 30 Section 18: W1/2; 31 (4) Township 21 North, Range 3 West, Seward Meridian
01 Section 1 02 Sections 11 - 14 03 Sections 23 - 26 04 Sections 35 - 36; 05 (5) Township 22 North, Range 2 West, Seward Meridian 06 Sections 19 - 21 07 Sections 28 - 33. 08 (b) Notwithstanding AS 16.20.050 - 16.20.075 [AS 16.20.510 - 16.20.530], 09 the commissioner of fish and game, in consultation with the commissioner of natural 10 resources, shall prepare a management plan for the Willow Mountain Wildlife Refuge 11 [CRITICAL HABITAT AREA]. The commissioner of fish and game and the 12 commissioner of natural resources shall exercise their respective authorities over the 13 area in a manner consistent with the management plan. 14 * Sec. 92. AS 16.20.625(a) is amended to read: 15 (a) The state-owned land and water, and land and water acquired in the 16 future by the state, that is above mean lower low water and is within 17 [CONTAINED IN] the following described parcels is designated as the Redoubt Bay 18 Wildlife Refuge [CRITICAL HABITAT AREA]: 19 (1) Township 6 North, Range 16 West, Seward Meridian 20 Sections 1 - 12: North of the South Bank of Drift River 21 Sections 14 - 18: North of the South Bank of Drift River 22 Sections 20 - 22: North of the south bank of Drift River; 23 (2) Township 6 North, Range 17 West, Seward Meridian 24 Sections 1 - 6: North of the south bank of Drift River 25 Sections 10 - 12: North of the south bank of Drift River; 26 (3) Township 7 North, Range 14 West, Seward Meridian 27 Section 5: S1/2 28 Sections 6 - 8 29 Section 18; 30 (4) Township 7 North, Range 15 West, Seward Meridian 31 Sections 1 - 21
01 Sections 29 - 31; 02 (5) Township 7 North, Range 16 West, Seward Meridian; 03 (6) Township 7 North, Range 17 West, Seward Meridian 04 Sections 1 - 4 05 Section 8: E1/2 06 Sections 9 - 17 07 Sections 19 - 27 08 Section 30 09 Sections 34 - 36; 10 (7) Township 8 North, Range 15 West, Seward Meridian 11 Section 1: S1/2 12 Section 2: S1/2 13 Section 3: W1/2 14 Sections 4 - 11 15 Section 12: N1/2 16 Sections 13 - 36; 17 (8) Township 8 North, Range 16 West, Seward Meridian; 18 (9) Township 8 North, Range 17 West, Seward Meridian 19 Sections 1 - 17 20 Sections 20 - 29 21 Sections 32 - 36; 22 (10) Township 8 North, Range 18 West, Seward Meridian 23 Sections 1 - 12; 24 (11) Township 9 North, Range 15 West, Seward Meridian 25 Sections 29 - 30; 26 (12) Township 9 North, Range 16 West, Seward Meridian 27 Sections 19 - 36; 28 (13) Township 9 North, Range 17 West, Seward Meridian 29 Sections 21 - 36. 30 * Sec. 93. AS 16.20.625(b) is amended to read: 31 (b) Notwithstanding AS 16.20.020 [AS 16.20.500] and the establishment of
01 the Redoubt Bay Wildlife Refuge [CRITICAL HABITAT AREA] under (a) of this 02 section, egress and ingress to and from private property within the Redoubt Bay 03 Wildlife Refuge [CRITICAL HABITAT AREA] shall be permitted through access 04 corridors established through agreement between the state and the private property 05 owners involved. 06 * Sec. 94. AS 16.20.625(c) is amended to read: 07 (c) The state may not acquire by eminent domain privately owned land within 08 the Redoubt Bay Wildlife Refuge [CRITICAL HABITAT AREA] but may acquire 09 privately owned land within the Redoubt Bay Wildlife Refuge [CRITICAL 10 HABITAT AREA] by purchase, exchange, or otherwise for inclusion in the Redoubt 11 Bay Wildlife Refuge [CRITICAL HABITAT AREA]. 12 * Sec. 95. AS 16.20.625(d) is amended to read: 13 (d) The department shall permit entry within the Redoubt Bay Wildlife 14 Refuge [CRITICAL HABITAT AREA] for the exploration and development of oil 15 and gas resources when it is compatible with the purposes for which the refuge 16 [CRITICAL HABITAT AREA] is established. An oil and gas lease of state land and 17 existing oil and gas pipeline rights-of-way within the refuge [CRITICAL HABITAT 18 AREA] are valid and continue in full force according to their terms. The 19 commissioner shall permit inspection and maintenance activities necessary to ensure 20 the integrity of oil and gas pipelines on existing leases and pipeline rights-of-way in a 21 manner that is compatible with the purposes for which the Redoubt Bay Wildlife 22 Refuge [CRITICAL HABITAT AREA] was established. 23 * Sec. 96. AS 16.20.625(e) is amended to read: 24 (e) The department shall permit uses of the Redoubt Bay Wildlife Refuge 25 [CRITICAL HABITAT AREA] in a manner that is compatible with the purposes for 26 which the refuge [CRITICAL HABITAT AREA] is established. The department shall 27 permit the following public uses to continue without further approval by the 28 department unless the department determines that the use is not compatible with the 29 purposes for which the Redoubt Bay Wildlife Refuge [CRITICAL HABITAT AREA] 30 is established: 31 (1) hunting, including subsistence hunting, trapping, and subsistence,
01 commercial, and sport fishing, including the continued use of cabins for the purpose of 02 hunting, trapping, and fishing; 03 (2) hiking, backpacking, and camping, including the use of campfires; 04 (3) cross-country skiing, snowmachining, boating, and the landing of 05 aircraft; and 06 (4) other related uses that are temporary in duration and have no 07 foreseeable adverse effects on vegetation, drainage, soil stability, or fish and game and 08 their habitat. 09 * Sec. 97. AS 16.20.625(f) is amended to read: 10 (f) The Kenai Peninsula Borough shall establish a citizens' advisory 11 committee to work with the department and the Department of Natural Resources and 12 advise on the development of policies and regulations that affect the Redoubt Bay 13 Wildlife Refuge [CRITICAL HABITAT AREA]. 14 * Sec. 98. AS 16.20.630(a) is amended to read: 15 (a) The presently state-owned land and water, and land and water 16 acquired in the future by the state, within the following described area is 17 established as the Beluga Wetlands Wildlife Refuge [HOMER AIRPORT 18 CRITICAL HABITAT AREA]: 19 (1) Tract A: 20 Township 6 South, Range 13 West, Seward Meridian 21 Section 21: that portion of the S1/2NE1/4NW1/4 upland of the 22 ordinary high water line of Beluga Lake, comprising 9.3 acres, 23 more or less, that portion of the N1/2SW1/4NW1/4 upland 24 of the ordinary high water line of Beluga Lake, 25 N1/2NE1/4NW1/4, N1/2NW1/4NE1/4; 26 (2) Tract B: 27 Township 6 South, Range 13 West, Seward Meridian 28 Section 21: that portion of the NE1/4 upland of the ordinary 29 high water line of Beluga Lake that is encompassed by a 30 boundary beginning at the section corner common to Sections 31 15, 16, 21, and 22, Township 6 South, Range 13 West, Seward
01 Meridian; thence proceeding South 00 degrees 01 minute 00 02 seconds East along the section line common to Sections 21 03 and 22, Township 6 South, Range 13 West, Seward Meridian, 04 to the point of intersection with a line located 1,520 feet South 05 of and parallel to the northern section line of Section 21, 06 Township 6 South, Range 13 West, Seward Meridian; thence 07 along the line located 1,520 feet South of and parallel to the 08 northern section line of Section 21, Township 6 South, Range 09 13 West, Seward Meridian, to the point of intersection with 10 the ordinary high water line of Beluga Lake; thence in a 11 northwesterly direction along the meanders of the ordinary 12 high water line of Beluga Lake to the point of intersection 13 with the West boundary line of NE1/4, Section 21, Township 14 6 South, Range 13 West, Seward Meridian, being common to 15 the center quarter line of Section 21, Township 6 South, 16 Range 13 West, Seward Meridian; thence North 00 degrees 01 17 minute 00 seconds West along the West boundary line of 18 NE1/4, Section 21, Township 6 South, Range 13 West, 19 Seward Meridian, to the point of intersection with the section 20 line common to Sections 16 and 21, Township 6 South, Range 21 13 West, Seward Meridian; thence East along the section line 22 common to Sections 16 and 21, Township 6 South, Range 13 23 West, Seward Meridian, to the point of beginning; comprising 24 70.4 acres, more or less; 25 (3) Tract C: 26 Township 6 South, Range 13 West, Seward Meridian 27 Section 15: S1/2SW1/4, comprising 80 acres, more or less; 28 (4) Tract D: 29 Township 6 South, Range 13 West, Seward Meridian 30 Section 22: that portion of the NW1/4 northwesterly of a line 31 parallel to, northwesterly of, and 750 feet perpendicular from
01 the monumented runway centerline of the Homer Airport, 02 comprising 60 acres, more or less; 03 Section 22: beginning at the northwest corner of 04 Government Lot 2, thence South 89 degrees 49 minutes 19 05 seconds East 1064.51 feet, thence South 56 degrees 17 06 minutes 36 seconds West 1297.70 feet, thence North 01 07 degree 10 minutes 41 seconds East 742.19 feet to the point 08 of beginning (excluding that portion inside the Homer 09 Airport perimeter fence); 10 (5) Tract E, comprising 74 acres, more or less: 11 Township 6 South, Range 13 West, Seward Meridian 12 Section 15: those portions of SW1/4SE1/4 and E1/2SE1/4 13 northwesterly of a line parallel to, northwesterly of, and 750 14 feet perpendicular from the monumented runway centerline of 15 the Homer Airport [;] 16 Section 22: that portion of the NW1/4NE1/4 northwesterly of a 17 line parallel to, northwesterly of, and 750 feet perpendicular 18 from the monumented runway centerline of the Homer 19 Airport; 20 (6) Tract F: Township 6 South, Range 13 West, Seward Meridian 21 Section 14: W1/2SW1/4 (that portion external to the Homer 22 Airport boundary fence); 23 Section 22: N1/2NE1/4 limited to state-owned lands lying 24 southerly of the Homer Airport perimeter fence and 25 northerly of Kachemak Drive bounded easterly by Arctic 26 Tern Place and westerly by Lampert Lake; 27 (7) Tract G: Township 6 South, Range 13 West, Seward Meridian 28 Section 14: that portion of Government Lot 51 lying 29 westerly of Kachemak Drive, Government Lot 48, Three 30 Mile Subdivision Lot 47B, SW1/4NE1/4SW1/4, Harry 31 Feyer Subdivision Lot 5, Charles R. Hart and James O.
01 Campbell Property Tract 52A; 02 Section 22: Hodnik Subdivision Lot 4, Government Lots 10 03 and 11, that portion of Government Lot 15 lying northerly 04 of Kachemak Drive, Scenic Bay Subdivision Lot 4, that 05 portion of Government Lot 13 lying northerly of 06 Kachemak Drive; 07 Section 23: Checkmate Shores Subdivision Lot 1, 08 Government Lots 9 and 5, Homer Airport Industrial Park 09 Subdivision Lots 1, 2, 3, and 4, that portion of Government 10 Lot 3 lying northwesterly of Kachemak Bay Drive, Mailea 11 Bay Subdivision Lots 1 and 4; 12 (8) Tract H: Township 6 South, Range 13 West, Seward Meridian 13 Section 15: Tietjen Subdivision portion of Tract P beginning 14 at SE corner of Tract P, thence West 200 feet, thence 15 North 217.8 feet, thence East 200 feet, thence South 217.8 16 feet to the point of beginning, Tietjen Subdivision Tract P, 17 except the East 200 feet of the South 217.8 feet, 18 NW1/4SE1/4, NE1/4SW1/4; 19 (9) Tract I: Township 6 South, Range 13 West, Seward Meridian 20 Section 16: beginning at the southeast corner of Section 16, 21 thence North on the section line common to Section 15 and 22 16 877 feet, thence West 1047 feet, thence South 877 feet 23 along the section line common to Section 16 and 21 1047 24 feet to the point of beginning, beginning at the southwest 25 corner of Lot 7, Block 3 of Mariner Village Subdivision, 26 proceed South along the easterly boundary of Mariner 27 Drive 410 feet to the point of beginning, thence continue 28 South along Mariner Drive 416 feet, thence East 1068 feet, 29 thence North 416 feet, thence West 1068 feet to the point of 30 beginning. 31 * Sec. 99. AS 16.20.630(b) is amended to read:
01 (b) Notwithstanding AS 16.20.020 and 16.20.050 - 16.20.075 [AS 16.20.500 - 02 16.20.530], the land in Township 6 South, Range 13 West, Section 21 described in 03 (a)(1) and (2) [(a)] of this section is subject to the following: 04 (1) the right of unobstructed passage by aircraft over the land; 05 (2) the right of aircraft to use the airspace above the land without 06 restrictions on noise, dust, or fumes, other than those imposed under federal and state 07 laws governing air and water quality; 08 (3) the authority of the Department of Transportation and Public 09 Facilities to 10 (A) prohibit the construction of obstructions and permanent 11 structures on the land; 12 (B) clear the land and keep the land clear, including removal of 13 trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, 14 rocks, buildings, structures, and other obstructions; 15 (C) prohibit or remove an activity, installation, or object on the 16 land that 17 (i) creates electrical interference with radio 18 communication or navigational instruments of aircraft or the Homer 19 Airport; 20 (ii) may enhance bird habitat on or in the vicinity of the 21 Homer Airport; 22 (iii) hinders the ability of pilots to distinguish between 23 airport lights and other lights; 24 (iv) results in glare in the eyes of pilots using the 25 Homer Airport; 26 (v) impairs visibility in the vicinity of the Homer 27 Airport; or 28 (vi) endangers the landing, departure, or maneuvering 29 of aircraft at the Homer Airport; 30 (D) prohibit development on the land for any purpose, other 31 than public access across the land;
01 (E) require 02 (i) approval of the Department of Transportation and 03 Public Facilities for the design and construction of access across the 04 land; 05 (ii) relocation of access across the land as necessary to 06 satisfy applicable standards of airport design, safety, and security; 07 (F) install navigational aids on the land; and 08 (G) enter on [UPON] the land for the purpose of enforcing or 09 implementing this subsection. 10 * Sec. 100. AS 16.20.630(c) is amended to read: 11 (c) Notwithstanding AS 16.20.020 and 16.20.050 - 16.20.075 [AS 16.20.500 - 12 16.20.530], the land in Township 6 South, Range 13 West, Sections 15 and 22 13 described in (a)(3) - (6) [(a)] of this section is subject to the following: 14 (1) the right of unobstructed passage by aircraft over the land; 15 (2) the right of aircraft to use the airspace above the land without 16 restrictions on noise, dust, or fumes, other than those imposed under federal and state 17 laws governing air and water quality; 18 (3) the authority of the Department of Transportation and Public 19 Facilities to 20 (A) prohibit the construction of obstructions and permanent 21 structures extending above the imaginary surface of the Homer Airport as 22 determined under regulations of the Federal Aviation Administration; 23 (B) clear the land and keep the land clear of obstructions 24 extending above the imaginary surface of the Homer Airport as determined 25 under regulations of the Federal Aviation Administration, including removal of 26 trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, 27 rocks, buildings, structures, and other obstructions; 28 (C) prohibit or remove an activity, installation, or object that 29 (i) creates electrical interference with radio 30 communication or navigational instruments of aircraft or the Homer 31 Airport;
01 (ii) may enhance bird habitat on or in the vicinity of the 02 Homer Airport; 03 (iii) hinders the ability of pilots to distinguish between 04 airport lights and other lights; 05 (iv) results in glare in the eyes of pilots using the 06 Homer Airport; 07 (v) impairs visibility in the vicinity of the Homer 08 Airport; or 09 (vi) endangers the landing, departure, or maneuvering 10 of aircraft at the Homer Airport; 11 (D) enter on [UPON] the land for the purpose of enforcing or 12 implementing this subsection. 13 * Sec. 101. AS 16.20.630(e) is amended to read: 14 (e) Neither the Department of Fish and Game nor another person may create, 15 develop, or enhance bird habitat within the Beluga Wetlands Wildlife Refuge 16 [HOMER AIRPORT CRITICAL HABITAT AREA]. 17 * Sec. 102. AS 16.20.630(f) is amended to read: 18 (f) The state land described in (a)(1) - (6) [(a)] of this section may not be 19 transferred to municipal or private ownership or to another state agency unless 20 covenants or easements in the land, containing provisions substantially similar to (b) 21 and (c) of this section, are reserved to the Department of Transportation and Public 22 Facilities for the benefit of the Homer Airport. 23 * Sec. 103. AS 16.20.630(g) is amended to read: 24 (g) The Department of Fish and Game shall establish and appoint an advisory 25 committee to work with the department and advise on the management of the Beluga 26 Wetlands Wildlife Refuge [HOMER AIRPORT CRITICAL HABITAT AREA]. If 27 the department develops a management plan for the refuge [CRITICAL HABITAT 28 AREA], the department shall consult with the advisory committee, and the plan must 29 allow guaranteed access to and continued public fishing, hunting, and trapping 30 activities and opportunities in the refuge [AREA]. Among appointments to the 31 advisory committee, the department shall include
01 (1) industry and commercial users and hunters, trappers, fishermen, 02 and recreational users recommended by the City of Homer; 03 (2) an official representing the City of Homer; and 04 (3) a representative of the Department of Transportation and Public 05 Facilities. 06 * Sec. 104. AS 16.20.630 is amended by adding a new subsection to read: 07 (h) Land owned by a municipality that lies within the boundary of the Beluga 08 Wetlands Wildlife Refuge described in (a) of this section may be included in the 09 refuge. An agreement between the Department of Fish and Game and the respective 10 municipality for the management of the land within the refuge that is owned by the 11 municipality shall be approved by the municipality and by the Department of Fish and 12 Game. 13 * Sec. 105. AS 16.20.690 is amended to read: 14 Sec. 16.20.690. Additional wildlife refuges [CRITICAL HABITAT 15 AREAS]. The commissioner shall submit a list of proposed additional wildlife 16 refuges [CRITICAL HABITAT AREAS] to the legislature annually. 17 * Sec. 106. AS 38.05.030 is amended by adding a new subsection to read: 18 (h) The provisions of this chapter do not authorize the commissioner to levy a 19 fee on, or otherwise assess, the Department of Fish and Game for carrying out a duty 20 assigned to the department under AS 16.20, including the development, construction, 21 and management of public use and administrative facilities within wildlife refuges. 22 * Sec. 107. AS 38.05.825(b) is amended to read: 23 (b) The commissioner may not convey land under this section that has been 24 designated by statute unless the commissioner determines that the proposed use is 25 consistent or compatible with the purpose of the statutory designation. Land 26 designated as a state wildlife [GAME] refuge or wildlife [, GAME] sanctuary [, OR 27 CRITICAL HABITAT AREA] may not be conveyed unless the commissioner of fish 28 and game also determines that the proposed use is consistent or compatible with the 29 purpose of the designation. If land designated by statute is conveyed, uses of the land 30 after conveyance are restricted to those uses determined by the commissioner of 31 natural resources to be consistent or compatible with the purpose of the designation.
01 * Sec. 108. AS 41.21.131(a) is amended to read: 02 (a) The presently state-owned land and water, and all that acquired in the 03 future by the state, lying within the parcels described in this section are designated as 04 the Kachemak Bay State Park. In order to protect and preserve this land and water for 05 its unique and exceptional scenic value, the park is established and shall be managed 06 as a scenic park. The land and water lying within the following described parcels is 07 reserved from all uses incompatible with its primary function as a scenic park and is 08 assigned to the department for control, development, and maintenance: 09 (1) Township 5 South, Range 10 West, Seward Meridian Chugachik 10 Island 11 Sections 31 - 32; 12 (2) Township 5 South, Range 11 West, Seward Meridian 13 Section 2: Lot 1, excluding Tract A 14 Section 3: Lots 1 - 8, SW1/4NE1/4, S1/2NW1/4, N1/2SW1/4 15 Section 4: Lots 1 - 4, S1/2N1/2, SE1/4, E1/2SW1/4 16 Section 8: E1/2NE1/4, SE1/4 17 Section 9: Lots 1 and 2, NW1/4NE1/4, NE1/4NW1/4, 18 W1/2NW1/4, N1/2NE1/4SW1/4, SW1/4NE1/4SW1/4, 19 excluding Lot 6 20 Section 10: Lot 1 21 Section 16: Lot 1 22 Section 17: Lots 1, 3, 4, NW1/4SW1/4, S1/2NW1/4 23 Section 18: Lot 4, SE1/4, E1/2NE1/4 24 Section 19: Lots 1 - 6, NW1/4NE1/4, NE1/4NW1/4 25 Section 20: Lot 1 26 Sections 24 - 25, excluding tide and submerged land within the 27 Kachemak Bay Wildlife Refuge [CRITICAL HABITAT 28 AREA] 29 Section 26: SE1/4, excluding tide and submerged land within 30 the Kachemak Bay Wildlife Refuge [CRITICAL HABITAT 31 AREA]
01 Section 35, excluding tide and submerged land within the 02 Kachemak Bay Wildlife Refuge [CRITICAL HABITAT 03 AREA] 04 Section 36; 05 (3) Township 6 South, Range 11 West, Seward Meridian; 06 (4) Township 7 South, Range 11 West, Seward Meridian 07 Sections 1 - 4 08 Section 5: N1/2 09 Sections 7 - 36; 10 (5) Township 7 South, Range 12 West, Seward Meridian 11 Section 12, except N1/2NE1/4 12 Section 13 13 Sections 19 - 36; 14 (6) Township 7 South, Range 13 West, Seward Meridian 15 Sections 25 - 26 16 Sections 35 - 36; 17 (7) Township 8 South, Range 11 West, Seward Meridian 18 Sections 1 - 8 19 Section 9: N1/2 20 Section 10: N1/2 21 Section 11: N1/2 22 Section 12: N1/2 23 Sections 17 - 18; 24 (8) Township 8 South, Range 12 West, Seward Meridian; 25 (9) Township 8 South, Range 13 West, Seward Meridian 26 Sections 1 - 2 27 Sections 10 - 14 28 Section 15: E1/2 29 Section 23: N1/2 and SE1/4 30 Sections 24 - 25 31 Section 26: E1/2
01 Section 35: E1/2 02 Section 36; 03 (10) Township 9 South, Range 8 West, Seward Meridian 04 Section 2: W1/2 05 Section 3 - 10 06 Sections 15 - 22 07 Sections 27 - 34; 08 (11) Township 9 South, Range 9 West, Seward Meridian; 09 (12) Township 9 South, Range 10 West, Seward Meridian 10 Sections 10 - 15 11 Sections 22 - 27 12 Sections 34 - 36; 13 (13) Township 9 South, Range 12 West, Seward Meridian 14 Sections 1 - 6 15 Section 8: NE1/4 16 Sections 9 - 12 17 Section 13: N1/2 18 Section 14: N1/2; 19 (14) Township 9 South, Range 13 West, Seward Meridian 20 Sections 1 - 2; 21 (15) Township 10 South, Range 8 West, Seward Meridian 22 Sections 4 - 8 23 Sections 17 - 19; 24 (16) Township 10 South, Range 9 West, Seward Meridian 25 Sections 1 - 4 26 Sections 10 - 15 27 Sections 22 - 24. 28 * Sec. 109. AS 41.21.612 is amended to read: 29 Sec. 41.21.612. Land excluded. (a) Private land, approved or pending Native 30 allotments, pending and approved land selections made by the Haines Borough under 31 state law on July 1, 1982, University of Alaska grant land not located within the
01 Chilkat River Wildlife Refuge [CRITICAL HABITAT AREA] established by 02 AS 16.20.585, and existing transportation and utility corridors located partially or 03 completely within the Alaska Chilkat Bald Eagle Preserve are excluded from the 04 Alaska Chilkat Bald Eagle Preserve. 05 (b) University of Alaska grant land located within the boundary of the Chilkat 06 River Wildlife Refuge [CRITICAL HABITAT AREA] established under 07 AS 16.20.585 is excluded from the Alaska Chilkat Bald Eagle Preserve. 08 * Sec. 110. AS 41.23.480(c) is amended to read: 09 (c) The commissioner may not manage a recreation river corridor described in 10 AS 41.23.500 as a unit of the state park system or as a wildlife [GAME] refuge or 11 wildlife [, GAME] sanctuary [, OR A CRITICAL HABITAT]. The commissioner may 12 assign management of a recreation facility or site such as a campground or a boat 13 launch to the division of parks. 14 * Sec. 111. AS 16.20.080, 16.20.500, 16.20.510, 16.20.520, and 16.20.530 are repealed. 15 * Sec. 112. The uncodified law of the State of Alaska is amended by adding a new section 16 to read: 17 TRANSITION. To reflect the name changes made by this Act, the Department of 18 Natural Resources and the Department of Fish and Game shall update departmental signs, 19 literature, and digital publications, as necessary, on a schedule developed by each department. 20 * Sec. 113. Section 9 of this Act takes effect on the effective date of sec. 2, ch. 119, SLA 21 2010. 22 * Sec. 114. Section 10 of this Act takes effect on the effective date of sec. 3, ch. 119, SLA 23 2010. 24 * Sec. 115. Section 60 of this Act takes effect on the effective date of sec. 5, ch. 56, SLA 25 1991. 26 * Sec. 116. Section 62 of this Act takes effect on the effective date of sec. 6, ch. 56, SLA 27 1991. 28 * Sec. 117. Except as provided in secs. 113 - 116 of this Act, this Act takes effect 29 immediately under AS 01.10.070(c).