HB 474-ANCHORAGE COASTAL WILDLIFE REFUGE  CHAIRMAN COWDERY announced HB 474 to be up for consideration. REPRESENTATIVE JOE GREEN, sponsor of HB 474, said that HB 474 is a protection bill that deals with a very unique saltwater marsh that in 1971 was called the Potter Point State Game Refuge and later in 1988 was changed to the Anchorage Fish and Wildlife Refuge. He explained that it is a very unique saltwater marsh that is home for a variety of winged and four-legged creatures and has a very critical portion of its habitat right at the juncture of the southwest boundary and the Refuge. For some time, the Department of Transportation has been looking at extending the existing Tony Knowles Coastal Trail up near the airport for about 12 miles diagonally along the boundary of the Refuge and private property down to the Potter Marsh. Unfortunately that trail that has been so predominant for the last two-plus years is right through this very critical habitat area. This bill is an attempt to try and protect that area, not to prevent putting a trail there. REPRESENTATIVE GREEN explained that $2.2 million has been spent so far on this issue and there is still no EIS. About three years ago, both bodies passed legislation requiring consideration of other trails. That legislation was vetoed by the Governor with his assurance that consideration would be given to the situation, but that [consideration] has been slip-shod. People who have been trying to protect this area came up with an alternative gold route that has more exposure to the Inlet than the orange route if vegetation could be cut. In January, Chip Dennerlein, Director, Division of Habitat and Restoration, said ADF&G had been working on this issue. He agreed that the only draft that was shown could not be permitted and he outlined several reasons why. Another route was found, the fuscia route, but Representative Green said he hasn't been able to get a copy of it. He said that is an example of the kind of problems they had been having all along. He suggested that as this bill moves, things will happen on the other end. MR. CHIP DENNERLEIN, Director, Division of Habitat and Restoration, Alaska Department of Fish and Game (ADF&G), agreed with some of Representative Green's comments. He said their concern was with the specific location of the trail and that there were species that were unique to Anchorage and shared by other states. One of the highly sensitive areas where they did not want a trial has 1,600 - 1,800 snow geese grazing on it today. They had a 6,500-people heart run this weekend and they wouldn't want to propose a trail where those kinds of activities would happen. They worked out an alignment that would be a viable alternative that would let people enjoy wildlife but avoid some of the sensitive areas. Currently the trail is a federal highway project that is subject to the process and environmental provisions in the Federal Highway Act and NEPA. The Federal Highway Administration (FHA) has reviewed all of the information in the alternative and has now released the sole approved list of viable and reasonable alternatives that the public will get to review. They will get to choose one of the alternatives or mix and match among them. The orange route does not exist anymore, but the fuscia route does. MR. DENNERLEIN said pre-approval of a right-of-way by the legislature would be problematic. He offered to let the legislature know of his decision. SENATOR WARD asked where the fuscia route went. MR. DENNERLEIN explained that the fuscia route avoids going below the bluff between the [indisc.] spill area and Johns Park. It's part of the old Huffman alignment. It comes back through Johns Park and through the Furrow Creek Gully and avoids the rifle range. SENATOR WARD asked if all the routes had property analyses. MR. DENNERLEIN replied yes and said the problem with the gold route is that it would have a very large impact on private property. SENATOR WARD asked if the section from Johns Park to Ocean View Bluff takes any private property. MR. DENNERLEIN said that DNR could better answer that question, but, in the area he was referring to, there was a right-of-way that avoids the property. He thought there was a right-of-way acquisition and that someone had donated some land. No property is taken along Ocean View Dr., along the bluff or property. SENATOR WARD said he had lived in that area a long time and asked him if he didn't think this would cause damage to any wildlife and where he got his information. He asked what studies he had done to show that there is an affect on wildlife there. 3:55 p.m. MR. DENNERLEIN replied those would be from nesting surveys, a 1997 Survey of Wildlife Patterns, a study on the use of the refuge by mammals by Rick Sinnott, and a shorebird and migratory use report. He said there are several critical points around the Campbell Creek area. He said there was no way to put a route through the area that wouldn't have serious adverse impacts at some point in the year. TAPE 02-20, SIDE B    He said the only way to address the area Representative Green was concerned about would be to move the trail to the top of the bluff. MR. DENNIS POSHARD, Legislative Liaison, Department of Transportation and Public Facilities (DOTPF), said DOTPF recognizes the concerns of Representative Green's constituents, but believes this bill is not necessary. He explained: Number one, we're already following a federally recognized and mandated process, the federal NEPA process. And that process appears to be working, albeit a contentious, painful process. I think that we're going to ultimately get to the right outcome. Secondly, this area has already been designated a Refuge by state statute. That Refuge has a specific management plan in place and ADF&G is responsibly managing that refuge. You've heard Chip Dennerlein mention that he would not at all permit certain routes that were being considered and that in other areas he would be adamant that mitigation occur before he would permit. In response to Senator Taylor's question on funding, Anchorage Metropolitan Area Transportation Study (AMATS) gets about $8 million every year to go towards trails specifically within the Anchorage metropolitan area. They have every right under federal law to determine how that funding gets spent. The state has no authority to tell them how it gets spent. SENATOR WARD moved HB 474 out of committee with individual recommendations. SENATOR ELTON objected saying that he would vote no. He said it is a tough issue for him because he feels like he's taking the conservative point of view by saying that he's going to tip the scales in favor of access and away from habitat, which is unusual. He also suggested that the legislature is not the best planning and zoning commission. SENATORS WILKEN, WARD, and COWDERY voted in favor; SENATOR ELTON voted against and HB 474 passed from committee.