Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/11/2017 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB106 | |
| SB61 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 106 | TELECONFERENCED | |
| += | SB 61 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 61-GAME REFUGE/CRIT HABITAT AREA BOUNDARIES
3:54:15 PM
CHAIR BISHOP announced the consideration of SB 61.
3:55:04 PM
MORGAN FOSS, Legislative Liaison, Alaska Department of Fish and
Game, Juneau, Alaska, provided an overview of SB 61 on behalf of
the administration. This legislation deals with two types of
special areas: the first is critical habitat areas (CHA) of
which Alaska has 17. They are created by the legislature to
protect land that is especially crucial to the perpetuation of
fish and wildlife. These lands are co-managed by ADF&G and the
land owner, which is typically the Department of Natural
Resources (DNR).
MS. FOSS said this goes for state game refuges, as well. State
Game Refuges are designated to protect and preserve natural
habitat and game populations and are less restrictive than CHAs.
Alaska has 12. They are also managed by ADF&G and DNR; harvest
is managed by the Board of Game and the Board of Fisheries.
3:56:10 PM
MS. FOSS said the first area in the map packet is the Izembek
State Game Refuge. The Izembek and Cape Newenham State Game
Refuges both are adjusted in this bill for the same reason. They
were created by the legislature in 1972 and include tideland and
submerged lands. The intent of the statute is to incorporate the
waterbodies within the National Wildlife Refuge watershed. So,
adding the entire water bodies including the previously excluded
areas would keep with the original intent.
She explained that the errors in the maps that they are
attempting to correct resulted from imperfect mapping of the
mean high water in the 1960s and 1970s. Most of the special
areas have very simple boundary corrections.
MS. FOSS said the bill seeks to create consistency for both
users and managers. The exception that will be discussed at the
end is the Dude Creek Critical Habitat Area in Gustavus, which
is an addition.
3:57:26 PM
MS. FOSS said the Palmer Hay Flats State Game Refuge was
designated in 1975 and is around the Matanuska River, which is
owned by the public and the state. The plat was originally
surveyed in 1913 with a fixed river channel description, but
since then the river channel has changed and is no longer
navigable. It runs in and out of the CHA and is impractical for
both users and management. So, the whole area will be
incorporated.
3:58:06 PM
MS. FOSS said the Port Moller CHA was established in 1972 and
the legal description referenced USGS topographical maps from
the 1960s in which labels were printed incorrectly across a
range shift at the northern portion of the area. This resulted
in the northern most portion description being shifted six miles
to the west of where it was intended to be and thus it moved the
community of Nelson Lagoon into the CHA. This correction would
move the description to where the original intent was and remove
the community of Nelson Lagoon from the CHA. This has received
a lot of support.
3:59:04 PM
MS. FOSS said Egegik and Pilot Point Critical Habitat Areas have
boundaries where typos occurred in the original legislation in
1972. In both instances, one character was replaced in the
description: 1 instead of 2 and north instead of south. So,
there is a non-contiguous block that was originally intended to
be contiguous with the CHA and this corrects that. Only state
lands are affected, and the locations are not near any other
infrastructures or villages.
3:59:47 PM
MS. FOSS said the Fox River Flats Critical Habitat Area was
established in 1972 and is in Kachemak Bay; it partially
overlaps the Kachemak Bay Critical Habitat Area. The purple line
on the map demonstrates the mean high water which divides the
uplands from the tidelands and the submerged lands. Along the
northern and eastern boundaries, four of the seven sections have
tide and submerged lands excluded. This is not in keeping with
the intent of the rest of the CHA and was not applied
consistently. As the mean high water shifts, it moves in and out
of those areas; the bay was sinking for some time and now is
rebounding. So, this description would allow for more consistent
management. On the bottom right of the map the Bradley River is
the only area that will be affected at this time.
4:01:08 PM
MS. FOSS said the Kachemak Bay Critical Habitat Area is another
simple mistake. It was created in 1974 as a list of townships
and ranges. The list includes the entirety of Kachemak Bay with
the exception of one small corner on the north side near the
head of the bay. This was an inadvertent omission caused by
missing one township out of the list of 22. The excluded area
lies seaward of the switchback trail, which is well above mean
high water and will not be impacted.
4:01:51 PM
CHAIR BISHOP asked if the affected area is "dry ground" or
"ocean."
MS. FOSS replied it's only the tide and submerged land and
waters.
4:02:14 PM
MS. FOSS said the Dude Creek Critical Habitat Area (CHA) is in
Gustavus, which is in Glacier Bay, and under this legislation
would receive an addition. The land was purchased and proposed
for an addition by the Nature Conservancy in 2004 and was
transferred to the state. It is a stopover for migratory Sand
Hill Cranes and other migratory birds. It is the area between
the existing CHA and mean high water. The City of Gustavus
passed a resolution in November 2016 supporting this addition.
4:03:07 PM
SENATOR STEDMAN asked if the uplands were owned by the Nature
Conservatory and deeded over to the state.
MS. FOSS answered that is correct.
4:03:32 PM
MS. FOSS said that concluded her presentation.
4:03:41 PM
CHAIR BISHOP opened public testimony.
4:04:08 PM
CHAIR BISHOP said that one area, the Palmer Hay Flats, had not
been surveyed since 1913 and asked if a new survey had been
done.
4:05:43 PM
TAMMY MASSIE, Habitat Biologist, Division of Habitat,
Southcentral, Department of Fish and Game, Anchorage, Alaska,
replied when the survey was done they were considering
subdividing parcels into private land. All that land has been
transferred back to the state. The river channels on private
parcels aren't relevant anymore since the entire lot is now
owned by the state. No more recent survey has been done; there
really isn't a need for one.
4:06:22 PM
CHAIR BISHOP closed public testimony and held SB 61 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 106 - Comparison with Existing Statute.pdf |
SCRA 4/11/2017 3:30:00 PM |
SB 106 |
| SB 106 - CRA CS Version D.pdf |
SCRA 4/11/2017 3:30:00 PM |
SB 106 |
| SB 106 - Sectional.pdf |
SCRA 4/11/2017 3:30:00 PM |
SB 106 |
| SB 106 - Sponsor Statement.pdf |
SCRA 4/11/2017 3:30:00 PM |
SB 106 |
| SB 106 - Version A.pdf |
SCRA 4/11/2017 3:30:00 PM |
SB 106 |