Legislature(2003 - 2004)
2004-03-16 House Journal
Full Journal pdf2004-03-16 House Journal Page 2964 SB 266 The following, which was advanced to third reading from the March 15, 2004, calendar (page 2955), was read the third time: SENATE BILL NO. 266 "An Act approving an interim classification by the commissioner of natural resources closing certain land within the area of the proposed Bristol Bay (Alaska Peninsula) competitive oil and gas areawide lease sale to oil and gas exploration licensing and shallow natural gas leasing; and providing for an effective date." Representative Gara moved and asked unanimous consent that a letter dated March 16, 2004, from the Commissioner of the Department of Natural Resources be spread on the journal. There being no objection, it follows: 2004-03-16 House Journal Page 2965 "Dear Representative Gara: You requested the administration's position concerning setbacks from anadromous streams and waterbodies and in regards to the five conservation units (critical habitat areas) within the proposed Alaska Peninsula Areawide Oil and Gas Lease Sale area. In previous lease sales and exploration licenses, the department has proposed mitigation measures similar to the following: 'The siting of temporary and permanent facilities, other than docks, or road and pipeline crossings, will be prohibited within 500 feet of all fishbearing waterbodies. Facilities may be sited within this buffer if the lessee demonstrates to the satisfaction of the director, in consultation with OHMP, that site locations outside this buffer are not feasible or prudent or that a location inside the buffer is environmentally preferred.' ADF&G has agreed to this language in previous offerings, including the proposed Bristol Bay Exploration License. Through the public process and through coordination with ADF&G we will determine whether a lease sale is in the state's best interest and whether such mitigation measures or others would be appropriate. It would be premature to finalize any setback language before we have gone through the public process. The proposed sale area contains five critical habitat areas, Egegik, Pilot Point, Cinder River, Port Heiden and Port Moller. All five areas were created for the same purpose: to protect natural habitat crucial to perpetuation of fish and wildlife (especially waterfowl). Special Area management plans developed by ADF&G provide guidelines for certain activities within many legislatively designated areas. By statute, these lands are jointly managed by ADF&G and ADNR. Special Area Permits issued by ADF&G are conditioned to mitigate impacts. ADF&G evaluates the potential effect of any activity on fish and wildlife, their habitat, and the users of those resources. ADF&G requires permits for any oil and gas related activity in state game refuges, sanctuaries and critical habitat areas. For example, timing restrictions may be used to limit the impact on wildlife during sensitive life-cycle periods. 2004-03-16 House Journal Page 2966 ADF&G commented on the proposed Alaska Peninsula Areawide lease sale and did not object to including these areas in the sale. However, ADF&G recommended specific mitigation measures concerning these critical habitat areas, which we will incorporate into the draft lease sale mitigation measures prior to issuing them for public comment. If you have any further questions or concerns on these matters, please contact me." The question being: "Shall SB 266 pass the House?" The roll was taken with the following result: SB 266 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 5 ABSENT: 0 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Berkowitz, Kookesh, Lynn, Morgan, Moses And so, SB 266 passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the House adopt the House Resources Committee letter of intent (page 2950) with an accompanying letter of recommendation from the Speaker to the President. There being no objection, it was so ordered. SB 266 was signed by the Speaker and Chief Clerk and returned to the Senate with the letter from the Department of Natural Resources, a House letter of intent, and the letter of recommendation from the Speaker to the President.