Legislature(2013 - 2014)BARNES 124
02/07/2014 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB285 | |
| HB268 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 285 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 268 | TELECONFERENCED | |
HB 285-KACHEMAK BAY CRITICAL HABITAT AREA
1:05:31 PM
CO-CHAIR SADDLER announced that the first order of business
would be HOUSE BILL NO. 285, "An Act excluding certain land from
the Kachemak Bay Critical Habitat Area."
1:05:54 PM
REPRESENTATIVE MIKE CHENAULT, Alaska State Legislature, as prime
sponsor, stated that HB 285 would exempt the Homer port and
harbor from the Kachemak Bay Critical Habitat Area. The City of
Homer supports HB 285, noting it would allow the City of Homer
to move forward and capture some revenue from the oil industry
while protecting the habitat as originally set up by the
community.
1:07:37 PM
TOM WRIGHT, Staff, Representative Mike Chenault, Alaska State
Legislature recalled that the Kachemak Bay Critical Habitat Area
was generally well received and the enabling legislation
"sailed" through the legislature. He noted the Alaska
Department of Fish & Game (ADF&G) and Department of Natural
Resources (DNR) are available for questions.
MR. WRIGHT pointed out the resolution from the City of Homer in
members' packets, which passed the city council unanimously. He
also noted that the sponsor received a letter today [dated
February 6, 2014] from Kachemak Bay Conservation Society voicing
several concerns.
1:09:31 PM
CO-CHAIR SADDLER opened public testimony on HB 285.
1:09:51 PM
WALT WREDE, City Manager, City of Homer, stated that the City of
Homer strongly supports HB 285. He referred to City of Homer
Resolution 14-005 [dated January 13, 2014] in members' packets
adopted unanimously in support of HB 285. He reported that this
bill will remove the Homer port and harbor area from the
critical habitat area. He said the Kachemak Bay Critical
Habitat Area is very important to Homer. It protects Homer's
land and waters, sustains the economy and the lifestyle that
people in Homer enjoy. The community doesn't intend to propose
any changes to the critical habitat area as part of this bill.
MR. WREDE advised members that the port and harbor was never
intended to be included as part of the Kachemak Bay Critical
Habitat Area and has caused numerous problems with enforcement
and regulation interpretation. He anticipated potential
benefits if HB 285 passed. First, it would resolve conflicts
that currently exist between the statutes and the Kachemak Bay
Critical Habitat Area Plan with respect to the regulatory
applicability of the plan on the port and harbor and the
municipal land. Second, it would make things much clearer and
straightforward for ADF&G to permit certain activities at the
port and harbor. Third, it would solve some long-standing
problems that this discrepancy has caused. For example, the
critical habitat area plan says that a vessel cannot be moored
for more than 14 days or drop an anchor for more than 14 days.
He acknowledged that it's easy to see how it could cause
problems for a busy harbor like Homer.
MR. WREDE indicated that the city has experienced quite a few
permitting delays for even simple projects within the harbor,
such as when the harbor replaces floats or other infrastructure
within the harbor. Finally, probably the most noteworthy would
be the effect on drilling rigs. Right now the ADF&G doesn't
have the ability to permit drill rigs at the Homer dock if the
drill rig is parked for maintenance and repair and resupply. He
reported that oil and gas activities are ramping up in Cook
Inlet and Homer is the logical place for rigs to be serviced.
The port and harbor has sufficient infrastructure, emergency
response capabilities, and it is an ice-free deep water port.
The City of Homer would like to be of service to the oil and gas
industry and this is one way to accomplish this. He thanked
members for the opportunity to comment.
1:13:33 PM
CO-CHAIR SADDLER, after first determining no one else wished to
testify, closed public testimony on HB 285.
1:14:11 PM
REPRESENTATIVE KAWASAKI stated the overall purpose of the
Kachemak Bay Critical Habitat Area is to preserve habitat
crucial to fish and wildlife populations. He presumed the port
is in the middle of the critical habitat area but was unsure of
the geography. He asked whether this is typical.
RANDY BATES, Director, Division of Habitat, Department of Fish &
Game, stated that the exclusion is within the center of the
critical habitat area.
REPRESENTATIVE KAWASAKI wondered if other critical fish and game
habitat areas have an exemption right in the middle, creating a
"donut" type of area.
MR. BATES answered yes; that a number of other critical habitat
areas, state game refuges or sanctuaries - 32 areas comprising a
little more than 3.2 million acres statewide - have either donut
holes or privately-owned sections of land are fully and
completely surrounded by critical habitat areas. He pointed out
some fall on federal land, municipal land, or private
inholdings, so this would not be unique in terms of the
structure of land ownership in Alaska.
1:16:26 PM
REPRESENTATIVE SEATON noted that page 2 of the Kachemak Bay
Critical Habitat Area plan excludes federal and municipal lands
within the critical habit area. It wasn't envisioned that the
Port of Homer would be part of the critical habit when it was
drawn up in 1974. He highlighted one issue arose when the City
of Homer obtained permission to lease land from the state to
extend to a deep water dock and allow the same type of
industrial use to occur on the end of the spit. Questions were
raised on whether it was state land or municipal land. Last
year the legislature transferred the ownership of the land to
the municipality. This bill will clarify allowable activities.
In fact, some areas have been intended to be dredged and re-
dredged annually; however, it's hard to allow disturbances on
land designated as part of the critical habit area.
REPRESENTATIVE SEATON stated another problem arose when a
drilling rig moored at the dock needed to put its legs down to
stabilize during wind, raising questions about whether the
activity was illegal storage even though it was at the same
location. The ADF&G wasn't able to issue a permit and
ultimately it all worked out but the incident highlighted the
need to make proactive changes without impacting the integrity
of the critical habit. The usages will not change. For
example, if a drilling rig needed to put its legs down for
safety, it would still require a permit but it wouldn't be as
complicated as it is under the current Kachemak Bay Critical
Habitat Area.
REPRESENTATIVE SEATON said he was at the city council meeting
when the resolution passed and no one objected.
1:20:02 PM
REPRESENTATIVE P. WILSON moved to report HB 285 out of committee
with individual recommendations and the accompanying fiscal
note. There being no objection, HB 285 was reported from the
House Resources Standing Committee.