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Alaska Statutes (Last Updated: January 11, 2017) |
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Title 16. FISH AND GAME. |
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Chapter 16.20. PROTECTION OF FISH AND GAME; REFUGES, SANCTUARIES, RANGE AREAS, AND HABITAT AREAS. |
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Article 16.20.05. FISH AND GAME CRITICAL HABITAT AREAS. |
Section 16.20.625. Redoubt Bay Critical Habitat Area.
Latest version.
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(a) The state-owned land and water above mean lower low water contained in the following described parcels is designated as the Redoubt Bay Critical Habitat Area:
(1) Township 6 North, Range 16 West, Seward Meridian
Sections 1 - 12: North of the south bank of Drift River
Sections 14 - 18: North of the south bank of Drift River
Sections 20 - 22: North of the south bank of Drift River;
(2) Township 6 North, Range 17 West, Seward Meridian
Sections 1 - 6: North of the south bank of Drift River
Sections 10 - 12: North of the south bank of Drift River;
(3) Township 7 North, Range 14 West, Seward Meridian
Section 5: S1/2
Sections 6 - 8
Section 18;
(4) Township 7 North, Range 15 West, Seward Meridian
Sections 1 - 21
Sections 29 - 31;
(5) Township 7 North, Range 16 West, Seward Meridian;
(6) Township 7 North, Range 17 West, Seward Meridian
Sections 1 - 4
Section 8: E1/2
Sections 9 - 17
Sections 19 - 27
Section 30
Sections 34 - 36;
(7) Township 8 North, Range 15 West, Seward Meridian
Section 1: S1/2
Section 2: S1/2
Section 3: W1/2
Sections 4 - 11
Section 12: N1/2
Sections 13 - 36;
(8) Township 8 North, Range 16 West, Seward Meridian;
(9) Township 8 North, Range 17 West, Seward Meridian
Sections 1 - 17
Sections 20 - 29
Sections 32 - 36;
(10) Township 8 North, Range 18 West, Seward Meridian
Sections 1 - 12;
(11) Township 9 North, Range 15 West, Seward Meridian
Sections 29 - 30;
(12) Township 9 North, Range 16 West, Seward Meridian
Sections 19 - 36;
(13) Township 9 North, Range 17 West, Seward Meridian
Sections 21 - 36.
(b) Notwithstanding AS 16.20.500 and the establishment of the Redoubt Bay Critical Habitat Area under (a) of this section, egress and ingress to and from private property within the Redoubt Bay Critical Habitat Area shall be permitted through access corridors established through agreement between the state and the private property owners involved.
(c) The state may not acquire by eminent domain privately owned land within the Redoubt Bay Critical Habitat Area but may acquire privately owned land within the Redoubt Bay Critical Habitat Area by purchase, exchange, or otherwise for inclusion in the Redoubt Bay Critical Habitat Area.
(d) The department shall permit entry within the Redoubt Bay Critical Habitat Area for the exploration and development of oil and gas resources when it is compatible with the purposes for which the critical habitat area is established. An oil and gas lease of state land and existing oil and gas pipeline rights-of-way within the critical habitat area are valid and continue in full force according to their terms. The commissioner shall permit inspection and maintenance activities necessary to ensure the integrity of oil and gas pipelines on existing leases and pipeline rights-of-way in a manner that is compatible with the purposes for which the Redoubt Bay Critical Habitat Area was established.
(e) The department shall permit uses of the Redoubt Bay Critical Habitat Area in a manner that is compatible with the purposes for which the critical habitat area is established. The department shall permit the following public uses to continue without further approval by the department unless the department determines that the use is not compatible with the purposes for which the Redoubt Bay Critical Habitat Area is established:
(1) hunting, including subsistence hunting, trapping, and subsistence, commercial, and sport fishing, including the continued use of cabins for the purpose of hunting, trapping, and fishing;
(2) hiking, backpacking, and camping, including the use of campfires;
(3) cross-country skiing, snowmachining, boating, and the landing of aircraft; and
(4) other related uses that are temporary in duration and have no foreseeable adverse effects on vegetation, drainage, soil stability, or fish and game and their habitat.
(f) The Kenai Peninsula Borough shall establish a citizens' advisory committee to work with the department and the Department of Natural Resources and advise on the development of policies and regulations that affect the Redoubt Bay Critical Habitat Area.
(g) Appointments to the citizens' advisory committee shall be made by the Kenai Peninsula Borough and shall include representatives from
(1) industry and commercial users including the oil and gas industry, timber, mining, and commercial fishing;
(2) hunters, trappers, fishermen, cabin owners, and recreational users; and
(3) officials representing the Kenai Peninsula Borough.