HOUSE BILL NO. 58 "An Act establishing the Chickaloon Flats Critical Habitat Area." PATTY SWENSON, STAFF, REPRESENTATIVE BUNDE testified in 1 support of HB 58. She noted that the legislation is accompanied by a zero fiscal note from the Department of Fish and Game. She explained that the purpose of HB 58 is to establish the Chickaloon Critical Habitat Area. She asserted that the designation will protect the waterfowl habitat in Cook Inlet. She emphasized that, in the Fall, up to 25,000 birds use this area daily. She added that the area is used by hunters who access the area by float plane, boat and four wheel drive vehicles. Ms. Swenson stressed that "critical habitat" is the least restrictive of all land designations. She stated that the uses specified in the legislation are compatible and will continue. She noted that there are no oil and gas leases presently in the area. She observed that the legislation received support from various groups during the House Resources Committee hearings. In response to a question by Representative Kohring, Ms. Swenson noted that the designation will be permanent. She reiterated that the area is heavily used by waterfowl. GERON BRUCE, LEGISLATIVE LIAISON, DEPARTMENT OF FISH AND GAME stressed the importance of the area as a wildlife habitat. Representative Kohring noted that the area would remain open to oil and gas activity. Mr. Bruce stated that the designation would provide that the area is managed primarily to protect critical fish and wildlife habitat. Other uses are permitted as long as they are compatible to the protection of the habitat. He noted that pipelines runs through some critical habitats. He stressed that of 212 applications for special area permits in critical habitats, refuges and sanctuaries only two were denied. The area would be open to multiple use with the caveat that the uses be consistent with the protection of fish and wildlife. In response to a question by Representative Kelly, Mr. Bruce clarified that Department of Fish and Game's staff will make the determinations of compatible use in regards to permit applications. Representatives Kelly and Parnell expressed concern that the guiding criteria of "compatible use" is open to broad interpretation. Mr. Bruce stressed that it is not the intention of the Department to prohibit hunting or harvesting of fish and wildlife. He pointed out that the legislation is designed to provide protection to the environment which supports fish and wildlife population for use by citizens. 2 In response to a question by Representative Grussendorf, Mr. Bruce emphasized that the Department of Fish and Game works with applicants to allow requested activities in a manner which will not damage the habitat. A permit is denied only if there is no way to allow an activity without damage to the habitat. Representative Brown asked how the designation changes the land management. Mr. Bruce reiterated that the designation makes the protection of the fish and wildlife habitat the primary purpose for which the land is managed. Mr. Bruce further explained that oil and gas activities would be permitted on a site specific basis if the activity does not endanger the habitat's ability to support waterfowl. The area has not been offered for oil and gas leases during the past five years. Representative Kelly asked if the area is currently threatened. Ms. Swenson stated that the impact due to high population growth in the Anchorage area is the greatest concern. Mr. Bruce added that concerned individual's who use the area want to assure that it remains healthy for future generations of Alaskans to enjoy. He noted that Alaska's population grew by 40 percent from 1979 - 1992. The Department of Labor projects a further 40 percent increase in population over the next fifteen years. Representative Navarre MOVED to report CSHB 58 (RES) out of Committee with individual recommendations and with the accompanying fiscal note. CSHB 58 (RES) was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Fish and Game, dated 2/3/95.