Legislature(1993 - 1994)

1994-02-04 House Journal

Full Journal pdf

1994-02-04                     House Journal                      Page 2266
HB 447                                                                       
HOUSE BILL NO. 447 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act establishing the Afognak Island State Park."                          
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Public Safety, 2/4/94                               
Zero fiscal note, Dept. of Law, 2/4/94                                         
Fiscal note, Dept. of Natural Resources, 2/4/94                                
                                                                               
The Governor's transmittal letter, dated February 4, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill creating the Afognak Island State Park.                    
                                                                               
On August23, 1993, the Exxon Valdez Oil Spill Trustee Council                  
(council) adopted a resolution approving, for restoration purposes,            
acquisition of approximately 41,549 acres of land in Alaska on the             
northeast corner of Afognak Island, including Seal Bay and Tonki               
Cape.  Although the federal government initially expressed a desire to         
include this property within the Kodiak National Wildlife Refuge,              
                                                                               

1994-02-04                     House Journal                      Page 2267
HB 447                                                                       
portions of which are located nearby, the state trustees on the council        
persuaded the council as a whole that this property has a more logical         
connection with Shuyak State Park, located on an island immediately            
to the north of the Seal Bay property.  Thus, the resolution adopted by        
the council provided the state the first opportunity to acquire title to       
this invaluable Alaska property.  The resolution further provided that,        
to fulfill the council's restoration obligations, the property was to be       
included in a state park and commercial timber harvest was not to be           
permitted.  The resolution specifically allowed limited commercial use         
as well as sport, personal use, and subsistence hunting and fishing,           
trapping, and recreational uses, insofar as they are permitted under law       
or regulations of the Board of Fisheries or Board of Game.  Only if the        
state was unwilling or unable to establish a state park was the federal        
government to take title to this property.                                     
                                                                               
Based on the council's resolution, the state entered into a purchase           
agreement on November 4, 1993 with the Seal Bay Timber Company,                
owner of the property, and The Nature Conservancy.  The agreement              
provided for title to the property to first go to The Nature Conservancy       
to hold until the state has an opportunity to establish a park to accept       
the property.                                                                  
                                                                               
Under AS37.07.080(h) and AS37.14.450, the Legislative Budget and               
Audit Committee approved the expenditure of EXXON VALDEZ civil                 
trust money for the purchase at its November5, 1993 meeting.  The              
purchase was completed on November 23, 1993 when title to the                  
property passed to The Nature Conservancy.                                     
                                                                               
In accordance with the purchase agreement, The Nature Conservancy              
will convey the property to the state for placement in a state park if the     
park is created by November 23, 1994, one year from the date of                
purchase.  Otherwise, the property must be conveyed to the federal             
government for placement in a federal conservation unit.  The purpose          
of this bill is to create that required state park.                            
                                                                               
The acquisition and protection of this land in a state park has                
widespread and nearly unanimous public support.  Expressions of                
support for the acquisition have come from such diverse groups as the          
Kodiak Island Borough mayor and assembly, City of Kodiak, Kodiak               
Chamber of Commerce, various commercial fishing groups, local tour             
operators, and environmental organizations.                                    

1994-02-04                     House Journal                      Page 2268
HB 447                                                                       
Seal Bay has historically supported high value wilderness-based                
recreation such as hunting, boating, and fishing.  The area has high           
scenic value and excellent wildlife viewing.  It contains important            
habitat for several species of wildlife for which significant injury           
resulting from the oil spill has been documented, including marbled            
murrelets, harlequin ducks, black oyster catchers, and river otters.           
Harbor seal haulouts and intertidal and subtidal biota are all found in        
substantial numbers along the shoreline.  Concentrations of sea otters         
exist in this area.  Anadromous streams and bald eagle nests are found         
on this property.  Protection of this property will aid recovery of these      
injured resources and services.                                                
                                                                               
The proposed park would include all lands acquired from Seal Bay               
Timber Company as well as tidelands.  Submerged lands would not be             
included except those lying within lagoons on the property.  The               
Department of Fish and Game would be responsible for the                       
management of fish and game resources in the park, consistent with             
the principle of sustained yield.  Sport and subsistence hunting and           
fishing, personal use fishing, trapping, recreational activities, and          
commercial fishing would be permitted in the park.  These are the              
purposes for which Alaskans have traditionally used these lands.  By           
creating a state park for this property, we will ensure that future            
generations will be able to continue to use and enjoy this magnificent         
part of our state.                                                             
                                                                               
I urge your prompt consideration and passage of this bill.                     
                                                                               
										Sincerely,                                                           
										/s/                                                                  
										Walter J. Hickel                                                     
										Governor"