AS Title 16, Chapter 20: Protection of Fish and Game; Refuges, Sanctuaries, Range Areas, and Habitat Areas

Article 1. State Game Refuges. Chapter 20. Protection of Fish and Game; Refuges, Sanctuaries, Range Areas, and Habitat Areas. Sec. 16.20.010. Legislative recognition; prohibition against ceding state authority. (a) The legislature recognizes that (1) the state has jurisdiction over all fish and game in the state except in those areas where it has assented to federal control; (2) the state has not assented to federal control of fish and game in (A) those areas that were set apart as National Bird and Wildlife Refuges while the state was a United States territory; and (B) Glacier Bay National Park and Preserve or the navigable waters within or adjoining the park and preserve; (3) special recognition of the value to the state and the nation of areas of unspoiled habitat and the game characteristic to it will be demonstrated by designating as state game refuges those federal lands that were National Bird and Wildlife Refuges or Ranges at the time that Alaska achieved statehood. (b) [Renumbered as AS 16.05.935 (a)]. (c) [Renumbered as AS 16.05.935 (b)]. Sec. 16.20.020. Purpose. The purpose of AS 16.20.010 — 16.20.080 is to protect and preserve the natural habitat and game population in certain designated areas of the state. Sec. 16.20.030. National wildlife refuges designated as state game refuges; Goose Bay State Game Refuge. (a) The land areas now included in the National Wildlife Refuge System that are cited in this subsection are designated as state game refuges, and the board shall assign them appropriate refuge names: (1) Aleutian Islands Refuge (except Umnak, Unalaska, Akun, Akutan, Sanak, and Tigalda Islands); (2) Bering Sea Refuge (St. Matthews and Hall Islands, and Pinnacle Islet in Bering Sea); (3) Bogoslof Island Refuge; (4) Chamisso Island Refuge; (5) Forrester Island Refuge; (6) Hazen Bay (Nunivakchak and Kirgegag Islands); (7) Hazy Islands Refuge; (8) Kenai National Moose Range; (9) Kodiak National Wildlife Refuge; (10) Nunivak Island Refuge; (11) St. Lazaria Island Refuge; (12) Semidi Islands Wildlife Refuge; (13) Tuxedni Refuge (Islands in Tuxedni Harbor); (14) [See conditional amendment of paragraph note.] Izembek Refuge, including the tide and submerged land described as follows: (A) Township 58 South, Range 91 West, Seward Meridian Sections 1 — 4 Sections 9 — 12 (B) Township 58 South, Range 90 West, Seward Meridian Sections 1 — 9 Section 16 (C) Township 57 South, Range 91 West, Seward Meridian Section 13 Sections 24 — 26 Sections 35 — 36 (D) Township 57 South, Range 90 West, Seward Meridian Sections 1 — 36 (E) Township 57 South, Range 89 West, Seward Meridian Sections 5 — 6 (F) Township 56 South, Range 87 West, Seward Meridian Sections 1 — 6 Sections 10 — 11 (G) Township 56 South, Range 88 West, Seward Meridian Sections 1 — 23 Sections 27 — 32 (H) Township 55 South, Range 87 West, Seward Meridian Sections 1 — 36 (I) Township 56 South, Range 89 West, Seward Meridian Sections 1 — 36 (J) Township 55 South, Range 89 West, Seward Meridian Sections 1 — 36 (K) Township 55 South, Range 88 West, Seward Meridian Sections 1 — 36 (L) Township 55 South, Range 86 West, Seward Meridian Sections 6 — 7 Sections 18 — 19 Sections 30 — 31 (M) Township 56 South, Range 90 West, Seward Meridian (entire township); (15) Cape Newenham National Wildlife Range, including tide and submerged land in Chagvan Bay described as follows: (A) Township 16 South, Range 75 West, Seward Meridian Section 1 Sections 11 — 15 Sections 22 — 27 Sections 34 — 36 (B) Township 16 South, Range 74 West, Seward Meridian Sections 7 — 9 Sections 17 — 19 Section 30; (16) Clarence Rhodes National Wildlife Range; (17) Arctic National Wildlife Range. (b) [Repealed, § 3, ch 8 SLA 1988.] (c) The presently owned state land, tideland, submerged tideland, submerged land and water, and the land and water acquired in the future by the state lying within the parcels described in (1) — (2) of this subsection are established as the Goose Bay State Game Refuge: (1) Township 15 North, Range 3 West, Seward Meridian Sections 17 — 20, 29, 30: All; (2) Township 15 North, Range 4 West, Seward Meridian Section 1: W1/2W1/2 Sections 2 — 3: All Section 4: Lot 1, SE1/4NE1/4, E1/2SE1/4 Section 9: Lots 1, 2, 3, NE1/4NE1/4 Sections 10 — 11: All Section 12: S1/2 Sections 13 — 15: All Section 23: N1/2NE1/4 Section 24: All The following protracted and fractional parts within Tract A: Section 9: E1/2 Section 10: All Section 15: All Section 16: All Section 21: N1/2 Section 22: N1/2. (d) The state may not acquire by eminent domain privately owned land within state-owned land specified in (c) of this section for inclusion in the Goose Bay State Game Refuge. The Department of Natural Resources may adopt, in accordance with the Administrative Procedure Act ( AS 44.62 ), zoning regulations governing privately owned land within the Goose Bay State Game Refuge. (e) Egress and ingress to and from private property within the parcels described in (c) of this section shall be allowed through access corridors established through agreement between the Department of Natural Resources and the Department of Fish and Game, and with the private property owners involved. Sec. 16.20.031. Anchorage Coastal Wildlife Refuge. (a) The following described state-owned land and water is established as the Anchorage Coastal Wildlife Refuge and shall be managed as a state game refuge for the protection of waterfowl, shorebirds, salmon, and other fish and wildlife species, and their habitat and for the use and enjoyment of the people of the state: (1) Township 13 North, Range 4 West, Seward Meridian Section 20: SE1/4 seaward of the 20 foot elevation contour SE1/4NE1/4 seaward of the 20 foot elevation contour Section 29: E1/2 seaward of the 20 foot elevation contour SW1/4 seaward of the 20 foot elevation contour Section 30: SE1/4SE1/4 Section 31: All seaward of the 20 foot elevation contour except NW1/4NW1/4 Section 32: All seaward of the 20 foot elevation contour; (2) Township 13 North, Range 5 West, Seward Meridian Section 36: S1/2, S1/2N1/2; (3) Township 12 North, Range 4 West, Seward Meridian Sections 6 — 9: Seaward of the 20 foot elevation contour Section 15: NW1/4 seaward of the 20 foot elevation contour SW1/4NE1/4 seaward of the 20 foot elevation contour Government Lot 5 and the remainder of the W1/2SE1/4, all SW1/4 Section 16: Seaward of the 20 foot elevation contour Sections 17 — 22 Section 23: Government Lot 1 and the remainder of the SW1/4, all seaward of the 20 foot elevation contour Government Lot 2 and the remainder of the S1/2NW1/4, all seaward of the 20 foot elevation contour Government Lots 3 and 4, and the remainder of the SE1/4, all seaward of the 20 foot elevation contour Section 24: Tract A, Shorecrest Subdivision (Plat No. 81-68, Anchorage Recording District) Section 25: Government Lots 1 and 2, and the remainder of the W1/2, all Tract A, Johns Park Estates, and the remainder of the NE1/4, excluding Skyway Park Estates, Addition No. 1 all seaward of the 20 foot elevation contour Government Lots 3 and 4, and the remainder of the SE1/4, all Sections 26 — 36; (4) Township 12 North, Range 5 West, Seward Meridian Sections 1 — 2 Sections 11 — 14 Sections 23 — 26 Sections 35 — 36; (5) Township 12 North, Range 3 West, Seward Meridian Section 29: That portion of the SW1/4 southwesterly of the Alaska Railroad right-of-way and southerly of Oceanview Subdivision, Addition No. 6 Section 30: That portion of Tract A, Johns Park Estates, seaward of the 20 foot elevation contour Government Lot 2 and that portion of the SE1/4NW1/4 southwesterly of Oceanview West Subdivision, Addition No. 1 Government Lots 3 and 4 and the remainder of the SW1/4, all That portion of the SW1/4NE1/4 and the SE1/4 southwesterly of Oceanview Subdivision, Addition No. 4 and Addition No. 6 Section 31 Section 32: All land southwesterly of the Alaska Railroad right-of-way Section 33: All land westerly of the Alaska Railroad right-of-way; (6) Township 11 North, Range 3 West, Seward Meridian Section 3: Government Lot 5 Section 4: That portion southwesterly of the Old Seward Highway right-of-way and The Landings Subdivision which is northeasterly of the New Seward Highway right-of-way That portion southwesterly of the Alaska Railroad right-of-way Sections 5 — 8 Section 9: That portion southwesterly of the Alaska Railroad right-of-way That portion northeasterly of the New Seward Highway right-of-way Section 10: That portion westerly of the Old Seward Highway right-of-way which is northeasterly of the New Seward Highway right-of-way That portion southwesterly of the Alaska Railroad right-of-way; (7) Township 11 North, Range 4 West, Seward Meridian Sections 1 — 4 Sections 10 — 12. (b) Except as provided in (d) of this section, the Department of Fish and Game and the Department of Natural Resources shall exercise their respective authorities over the Anchorage Coastal Wildlife Refuge consistent with a management plan prepared by the Department of Fish and Game in consultation with the Department of Natural Resources. (c) A public right-of-way for surface transportation and a utility corridor are created across state-owned land and water within the Anchorage Coastal Wildlife Refuge between the Anchorage mainland and Fire Island. The management plan prepared under (b) of this section shall identify the actual location on the land and water of the right-of-way and of the utility corridor between the Anchorage mainland and Fire Island. (d) Land owned by the Municipality of Anchorage that lies within the boundary of the Anchorage Coastal Wildlife Refuge described in (a) of this section may be included in the Anchorage Coastal Wildlife Refuge. An agreement between the Department of Fish and Game and the Municipality of Anchorage for the management of the land within the Anchorage Coastal Wildlife Refuge that is owned by the Municipality of Anchorage shall be approved by the Municipality of Anchorage and by the Department of Fish and Game. (e) The state or the Municipality of Anchorage may not acquire privately owned land within the Anchorage Coastal Wildlife Refuge described in (a) of this section by eminent domain for inclusion within the Anchorage Coastal Wildlife Refuge. The Department of Fish and Game or the Municipality of Anchorage may acquire privately owned land within the Anchorage Coastal Wildlife Refuge by purchase, exchange, or otherwise, except by eminent domain. (f) The land and water areas of the Anchorage Coastal Wildlife Refuge are closed to mineral entry under AS 38.05.185 — 38.05.275. Sec. 16.20.032. Palmer Hay Flats State Game Refuge. (a) The following state-owned land and water is established as the Palmer Hay Flats State Game Refuge: (1) Township 16 North, Range 1 West, Seward Meridian Sections 1 — 12 Section 13: N1/2 Sections 14 — 18; (2) Township 17 North, Range 1 West, Seward Meridian Section 25 Section 26: S1/2, S1/2 N1/2, N1/2 NE1/4, NE1/4 NW1/4 Section 27: S1/2, SE1/4 NE1/4 Section 31: Lot 4, SE1/4, E1/2 SW1/4, SE1/4 NE1/4, S1/2 SW1/4, NE1/4 Section 32: S1/2, S1/2 NE1/4, NE1/4 NE1/4, SE1/4 NW1/4 Sections 33 — 36; (3) Township 17 North, Range 1 East, Seward Meridian Section 19: Lots 3 and 4, E1/2 SW1/4, S1/2 SE1/4 Section 21: N1/2 SE1/4, S1/2 S1/2 Section 22: excluding NW1/4 NW1/4 excluding N1/2 NE1/4 NW1/4 excluding NE1/4 NE1/4 NE1/4 excluding all portions of U.S. Survey No. 9024 Section 25: Lots 1 — 6, NW1/4, N1/2 NE1/4, N1/2 SW1/4, SW1/4 SW1/4 Section 26: SE1/4 NE1/4, S1/2, excluding all portions of U.S. Survey No. 9024 Section 27: Lot 1, N1/2, N1/2 S1/2, SE1/4 SW1/4, S1/2 SE1/4 Section 28: Lots 1 — 2, N1/2, SW1/4, N1/2 SE1/4, SW1/4 SE1/4 Section 29: N1/2, N1/2 SW1/4, SE1/4 Section 30: Lots 1 — 4, E1/2, E1/2 W1/2 Section 31: Lots 1 — 10, NE1/4 NW1/4, SW1/4 NE1/4, N1/2 NE1/4 Section 32: Lots 3 — 7, NE1/4, SW1/4 SW1/4, NE1/4 SE1/4 Section 33: Lots 5 — 9, S1/2 SE1/4, SW1/4 NW1/4, including all state tide and submerged land Section 34: Lots 1 — 3, E1/2 NW1/4, SW1/4, E1/2, excluding all portions of U.S. Survey No. 9024 Section 35: Lots 1 — 5, NW1/4, N1/2 SW1/4, SW1/4 SW1/4, N1/2 NE1/4, SW1/4 NE1/4, NW1/4 SE1/4, excluding all portions of U.S. Survey No. 9024 Section 36: Lots 1 — 10, SE1/4 SW1/4, S1/2 SE1/4, NE1/4 SE1/4; (4) Township 17 North, Range 1 East, Seward Meridian Sections 19 — 21: Tracts B and D, according to Plat No. 2012-110, Palmer Recording District; (5) Township 17 North, Range 1 East, Seward Meridian U.S. Survey No. 1169: Lots 1 and 2, Block 31, within Section 26; (6) Township 16 North, Range 1 East, Seward Meridian Sections 4 — 9 Section 17: N1/2 Section 18: N1/2 (7) Township 16 North, Range 1 East, Seward Meridian Section 2: That portion lying westerly of Lot 7 and Parcel F of U.S. Survey No. 9023 Section 3: That portion lying westerly of Lot 7, Lot 8, and Parcel F of U.S. Survey No. 9023 Section 10: That portion lying westerly of Lot 4, Lot 5, and Parcel C of U.S. Survey No. 9023 Section 15: That portion northerly of the left bank of the Knik River and lying westerly of Lot 3, Lot 4, and Parcel A of U.S. Survey No. 9023 Section 16: That portion northerly of the left bank of the Knik River; (8) Township 16 North, Range 2 West, Seward Meridian Section 1: All, excluding South Hayfield Road right-of-way Section 2: Lot 5 Section 11: Lots 1 and 3 — 6, N1/2 NE1/4 Section 12: Lots 1 — 4, N1/2 NW1/4, NE1/4 NE1/4; (9) Township 17 North, Range 2 West, Seward Meridian Section 36: That portion of the S1/2 S1/2 lying easterly of the South Hayfield Road right-of-way (b) Selections under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) are recognized as valid prior claims to the land within the area described in (a) of this section. Land specified in (a) of this section may not include land patented to a Native corporation under that Act. (c) Land selected by the Matanuska-Susitna Borough in Township 17, North Range 1 East S.M. shall be included in the Palmer Hay Flats State Game Refuge, subject to borough approval. If the borough relinquishes the selection of the land, the selected land becomes part of the Palmer Hay Flats State Game Refuge. (d) The state may not acquire by eminent domain privately owned land within state-owned land specified in (c) of this section for inclusion in the Palmer Hay Flats State Game Refuge. The Department of Natural Resources may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land within the Palmer Hay Flats State Game Refuge. (e) Notwithstanding the provisions of (a) of this section, the land described in this subsection is excluded from the Palmer Hay Flats State Game Refuge established under (a) of this section for the establishment of a transportation and utility corridor. Land within the transportation and utility corridor that is determined by the commissioner of transportation and public facilities to be unnecessary for future transportation or utility corridors becomes a part of the Palmer Hay Flats State Game Refuge. The commissioner of transportation and public facilities is directed to provide access to the Palmer Hay Flats State Game Refuge during future development of state highways in the area. The land that is excluded from the Palmer Hay Flats State Game Refuge under this subsection is described as Township 17 North, Range 1 East, Seward Meridian Section 22: SE1/4 NW1/4, W1/2 NE1/4, SE1/4 NE1/4, S1/2 NE1/4 NE1/4, NW1/4 NE1/4 NE1/4, NE1/4 SW1/4, W1/2 SE1/4 Sections 27 and 34: a corridor 300 feet on each side of the existing highway centerline. Sec. 16.20.033. Yakataga State Game Refuge. (a) The following state-owned land and water and all land acquired in the future by the state lying within the parcels described in this subsection are established as the Yakataga State Game Refuge: (1) Township 20 South, Range 13 East, Copper River Meridian Section 11: SE1/4 Section 12: S1/2 Section 13 Section 14: E1/2 Sections 22 — 27 Sections 34 — 36; (2) Township 20 South, Range 14 East, Copper River Meridian Sections 7 — 12: S1/2 Sections 13 — 36; (3) Township 20 South, Range 15 East, Copper River Meridian Sections 7 — 12: S1/2 Sections 13 — 36; (4) Township 20 South, Range 16 East, Copper River Meridian Sections 7 — 9: S1/2 Sections 16 — 36; (5) Township 21 South, Range 11 East, Copper River Meridian Excluding that portion of Tract A-148 lying north and west of Seal River: Sections 1 — 2 Sections 3 — 4: North and east of the Seal River and its associated lake system Section 10: East of Seal River and one mile north of mean high tide line on the Gulf of Alaska Sections 11 — 12 Sections 13 — 14: above mean high tide line on the Gulf of Alaska; (6) Township 21 South, Range 111/2 East, Copper River Meridian Sections 6 — 7 Section 18: Above mean high tide line on the Gulf of Alaska; (7) Township 21 South, Range 12 East, Copper River Meridian Sections 13 — 14: S1/2 Sections 23 — 26 Sections 35 — 36: Above mean high tide line on the Gulf of Alaska; (8) Township 21 South, Range 13 East, Copper River Meridian Sections 1 — 21 Section 22: W1/2, E1/2 one mile north of mean high tide line on the Gulf of Alaska Sections 23 — 24: One mile north of mean high tide line on the Gulf of Alaska; (9) Township 21 South, Range 14 East, Copper River Meridian Sections 1 — 12 Sections 13 — 15: One mile north of mean high tide line on the Gulf of Alaska Sections 16 — 18 Sections 19 — 22: One mile north of mean high tide line on the Gulf of Alaska; (10) Township 21 South, Range 15 East, Copper River Meridian Sections 1 — 7 Sections 8 — 12: One mile north of mean high tide line on the Gulf of Alaska; (11) Township 21 South, Range 16 East, Copper River Meridian Sections 1 — 6 Sections 7 — 12: One mile north of mean high tide line on the Gulf of Alaska. (b) The Yakataga State Game Refuge is established to protect the (1) fish and wildlife habitat and populations, including salmon spawning and rearing habitat and critical goat and moose winter habitat; (2) public uses of fish and wildlife and their habitat, particularly commercial, sport, and subsistence fishing, hunting, viewing, photography, and general public recreation in a high quality environment; and (3) the use and disposition of other resources when the activities are not inconsistent with (1) and (2) of this subsection. (c) The department shall permit timber harvest activities in the area east of the Kaliakh River when the activities are not inconsistent with (b)(1) of this section. (d) The state may not acquire by eminent domain private land that is located within the state-owned land specified in (a) of this section for inclusion in the Yakataga State Game Refuge. The state may acquire private land that is located within the state-owned land specified in (a) of this section by purchase, exchange, or otherwise from willing owners for inclusion in the Yakataga State Game Refuge. (e) The establishment of the Yakataga State Game Refuge under this section does not impair or alter valid existing rights including pending Native allotment applications, access to set net sites, and access to and from private land located within the Yakataga State Game Refuge. (f) The department shall allow commercial, sport, and subsistence fishing and hunting within the Yakataga State Game Refuge under regulations of the Board of Fisheries and the Board of Game. The department shall also permit associated support activities when necessary and consistent with AS 16.20.010 — 16.20.080 to support fishing and hunting permitted under this section, including fish buying operations, aircraft support including landing strips, and off-road vehicle use. (g) Egress and ingress to and from private property within the parcels described in (a) of this section shall be allowed through access corridors established by agreement between the department, the Department of Natural Resources, and the owners of private land involved. The establishment of the Yakataga State Game Refuge does not impair or alter existing rights of access to set net lease sites. (h) The department shall adopt and may revise a management plan for the Yakataga State Game Refuge. Sec. 16.20.034. Mendenhall Wetlands State Game Refuge. (a) The following state-owned land, including tide and submerged land, and excluding privately owned land, is established as the Mendenhall Wetlands State Game Refuge: Beginning at U.S.C.G.S. Triangulation Station “Salmon” located on the northeastern shore of Douglas Island, lying within the City and Borough of Juneau, First Judicial District, State of Alaska; thence northeasterly across Gastineau Channel approximately .5 miles to U.S.C.G.S. Triangulation Station “Creek”, said station being on the shore of Gastineau Channel, 200 feet south of Salmon Creek; thence trend northerly to the intersection of Egan Drive and Salmon Creek; thence trend northwesterly immediately adjacent to but not upon or within the designated right-of-way of Egan Drive approximately 2.7 miles to the intersection with the easterly boundary of Sunny Point Park Subdivision, recorded as Plat No. 333; thence southerly along said boundary; thence along said right-of-way line to the intersection with the 22.7 foot extreme high tide line; thence southerly and westerly on said 22.7 foot extreme high tide line, abutting said Sunny Point Park Subdivision, U.S. Survey 2475, Sunny Point Subdivision (Plat No. 307), and Egan Drive approximately one mile to the easterly line of the accreted property to the U.S. Survey No. 1568; thence southerly and westerly, along the boundary of said accreted property approximately .4 miles to Corner No. 14 of Alaska Tidelands Survey No. 716; thence southerly and westerly along the west meander line of U.S. Survey No. 716, approximately 2.6 miles to Corner No. 4 of said Tidelands Survey; thence northerly along the west meander line of U.S. Survey No. 1742, approximately 790 feet to the northwesterly corner of Juneau Airport property (Corner No. AP-4 of survey dated 6-69); thence northwesterly approximately 440 feet to the southerly meander line of U.S. Survey No. 1919; thence southerly and westerly, along the southerly meanders of U.S. Surveys No. 1919 and No. 1042 (as accreted), approximately .5 miles to the intersection with the south line of U.S. Survey No. 2136; thence westerly, along said south line, approximately .6 miles to the intersection with the 22.7 foot extreme high tide line; thence southerly, along said line approximately 1.4 miles to U.S.C.G.S. Triangulation Station “Glacier” on the southerly tip of Mendenhall Peninsula; thence in a southerly direction across Gastineau Channel approximately 1.3 miles to the mouth of Cove Creek; thence in a general easterly direction along the 22.7 foot extreme high tide line of Douglas Island approximately 9 miles to U.S.C.G.S. Triangulation Station “Salmon”, the true point of beginning. (b) The state may not acquire by eminent domain privately owned land within or abutting state-owned land described in (a) of this section for inclusion in the Mendenhall Wetlands State Game Refuge but may acquire privately owned land by purchase, exchange, or otherwise for inclusion in the Mendenhall Wetlands State Game Refuge. (c) Leases, permits, and applications for leases or permits in effect or submitted by January 1, 1976 are not affected by the provisions of this section. Renewals of leases or permits after January 1, 1976 are subject to this section. (d) Egress and ingress across state land to and from private property within or abutting the land described in (a) of this section shall be allowed through access corridors established through agreement between the department and the private property owners affected. (e) Except within that portion of the Mendenhall Wetlands State Game Refuge commonly known as the Twin Lakes area, the boundaries of which shall be established by the department after consultation with the City and Borough of Juneau, the taking of game is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department and conducted under regulations adopted by the board. (f) Recreational activity is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department and conducted under regulations adopted by the board. (g) Management of the surface and subsurface estate is the responsibility of the Department of Natural Resources. Any actions by the Department of Natural Resources which affect the habitat shall be in conformity with a plan proposed and adopted by the Department of Fish and Game, after reasonable public hearings, and following consultation with the City and Borough of Juneau. The plan shall be revised annually, if necessary and appropriate, under the same procedures followed for initial adoption. (h) An activity or use may not occur under this section in a manner that creates a hazard to aircraft. Gravel extraction is not considered an incompatible activity on or abutting state-owned land described in (a) of this section and is subject to provisions of the management plan. Except for those ponds, lakes, or other bodies of water adjacent to the airport that are required to be maintained by the City and Borough of Juneau as a seaplane basin under certification for the Juneau Municipal Airport granted by the Federal Aviation Agency, if requested by the City and Borough of Juneau the Departments of Fish and Game and Natural Resources shall assist in filling the ponds, lakes, or other bodies of water adjacent to the existing airport runway to eliminate them as sites attractive to waterfowl. (i) The management plan adopted under (g) of this section must include provisions under which the City and Borough of Juneau may acquire land, by sale, exchange, or otherwise, for purposes of expanding the Juneau Municipal Airport, establishing additional transportation corridors, including water corridors, and establishing publicly owned and operated docking facilities, and these uses are considered preferential under art. VIII of the state constitution but subject to the requirements for plan specification and approval under AS 16.20.060 . A deed, contract of sale, lease, or other instrument evidencing disposition by the Department of Natural Resources of land under this subsection must include, among other terms, the condition that the land is restricted to use for airport expansion, establishing additional transportation corridors, including water corridors, and establishing publicly owned and operated docking facilities. (j) Notwithstanding the provisions of (d) — (i) of this section, if the City and Borough of Juneau demonstrates to the Departments of Natural Resources and Fish and Game, jointly, that there is a superior public need for or use of the land to its use as a state game refuge, after public hearing and a finding by the departments supporting the determination that such a need or use exists or is required, the use shall be permitted. A final administrative order, ruling, or determination by the departments adverse to the petition of the City and Borough of Juneau is subject to judicial review under AS 44.62.560 — 44.62.570. (k) Nothing in this section prevents the City and Borough of Juneau from exercising its land selection rights to state land within its boundaries under applicable law, providing the selection is by local ordinance. Sec. 16.20.036. Susitna Flats State Game Refuge. (a) The following state-owned land, including tide and submerged land, and all land, including tide and submerged land, acquired in the future by the state lying within the parcels described in this subsection is established as the Susitna Flats State Game Refuge: (1) Township 13 North, Range 4 West, Seward Meridian Section: 6; (2) Township 13 North, Range 5 West, Seward Meridian Sections: 1 — 10; (3) Township 13 North, Range 6 West, Seward Meridian Sections: 1 — 18; (4) Township 13 North, Range 7 West, Seward Meridian Sections: 1 — 18; (5) Township 13 North, Range 8 West, Seward Meridian Sections: 1 — 24; (6) Township 13 North, Range 9 West, Seward Meridian Sections: 1 — 36; (7) Township 13 North, Range 10 West, Seward Meridian Sections: 13, 23 — 26, 36 (excluding uplands above the toe of the bluff); (8) Township 14 North, Range 4 West, Seward Meridian Sections: Lots 1 — 6, SE1/4 NW1/4, W1/2 NE1/4 NW1/4, SE1/4 NE1/4 NW1/4, NE1/4 SW1/4, NW1/4 SE1/4, SE1/4 SE1/4, W1/2 SW1/4 NE1/4, SE1/4 SW1/4 NE1/4, S1/2 NE1/4 SW1/4 NE1/4 of Section 31; (9) Township 14 North, Range 5 West, Seward Meridian Sections: W1/2 1, 2 — 11, W1/2 12, 13 — 36; (10) Township 14 North, Ranges 6 — 9 West, Seward Meridian Sections: All; (11) Township 14 North, Range 10 West, Seward Meridian Sections: 12 — 14, 22 — 27, 34 — 36; (12) Township 15 North, Range 5 West, Seward Meridian Sections: 3 — 10, 15 — 22, SW1/4 26, 27 — 35, SW1/4 36; (13) Township 15 North, Range 6 West, Seward Meridian Sections: All; (14) Township 15 North, Range 7 West, Seward Meridian Sections: 1 — 4, E1/2 5, 7 — 36; (15) Township 15 North, Range 8 West, Seward Meridian Sections: 1, 2, 8 — 36; (16) Township 15 North, Range 9 West, Seward Meridian Sections: 23 — 28, 32 — 36; (17) Township 16 North, Range 5 West, Seward Meridian Sections: 19 — 22, 27 — 34; (18) Township 16 North, Range 6 West, Seward Meridian Sections: 21 — 28, 31 — 36; (19) Township 16 North, Range 7 West, Seward Meridian Sections: 22 — 27, 34 — 36. (b) The Susitna Flats State Game Refuge is established to protect the following: (1) fish and wildlife habitat and populations, particularly waterfowl nesting, feeding, and migration areas; moose calving areas; spring and fall bear feeding areas; salmon spawning and rearing habitats; (2) public uses of fish and wildlife and their habitat, particularly waterfowl, moose, and bear hunting; viewing; photography; and general public recreation in a high quality environment. (c) Entry upon the Susitna Flats State Game Refuge for purposes of exploration and development of oil and gas resources shall be permitted when compatible with the purposes specified in (b) of this section; however, all existing leases shall be valid and continue in full force and effect according to their terms. (d) Land selected by the Matanuska-Susitna Borough within the area described in (a) of this section shall be included in the Susitna Flats State Game Refuge, subject to borough approval. If the borough relinquishes the selection of the land, the selected land becomes part of the Susitna Flats State Game Refuge. (e) The state may not acquire by eminent domain privately owned land within state-owned land specified in (a) of this section for inclusion in the Susitna Flats State Game Refuge. The Department of Natural Resources may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land within the Susitna Flats State Game Refuge, only to the extent that these regulations may insure compatibility with the intended use of the refuge. (f) Egress and ingress to and from private property within the parcels described in (a) of this section shall be allowed through access corridors established through agreement between the Department of Natural Resources, the Department of Fish and Game, and the private property owners involved. The establishment of a refuge under this section does not impair or alter existing rights of access to set net site leases. (g) The establishment of a refuge under this section does not impair or alter existing rights of a municipality to state land selected under former AS 29.18.190 — 29.18.200. Sec. 16.20.037. Minto Flats State Game Refuge. (a) The following state-owned land and water is established as the Minto Flats State Game Refuge: (1) Township 1 North, Range 6 West, Fairbanks Meridian Sections 2 — 11 Sections 14 — 23 Sections 26 — 34; (2) Township 1 North, Range 7 West, Fairbanks Meridian Sections 1 — 36; (3) Township 1 North, Range 8 West, Fairbanks Meridian Sections 1 — 16 Sections 21 — 28: excluding ASLS 95-37 Section 35: E1/2 Section 36; (4) Township 1 North, Range 9 West, Fairbanks Meridian Sections 1 — 12; (5) Township 1 North, Range 10 West, Fairbanks Meridian Sections 1 — 12; (6) Township 1 North, Range 11 West, Fairbanks Meridian Sections 1 — 4 Sections 8 — 17 Section 18: east of Tolovana River Section 19: east of Tolovana River Sections 20 — 29 Section 30: east of Tolovana River; (7) Township 2 North, Range 6 West, Fairbanks Meridian Sections 1 — 36; (8) Township 2 North, Range 7 West, Fairbanks Meridian Sections 1 — 36; (9) Township 2 North, Range 8 West, Fairbanks Meridian Sections 1 — 36; (10) Township 2 North, Range 9 West, Fairbanks Meridian Sections 1 — 36; (11) Township 2 North, Range 10 West, Fairbanks Meridian Section 3 Section 7: S1/2 Sections 8 — 10 Section 11: S1/2N1/2, S1/2 Section 12: S1/2N1/2, S1/2 Sections 13 — 36; (12) Township 2 North, Range 11 West, Fairbanks Meridian Section 10: S1/2 Section 11: S1/2 Section 12: S1/2 Sections 13 — 15 Sections 22 — 27 Sections 34 — 36; (13) Township 3 North, Range 6 West, Fairbanks Meridian Sections 13 — 36; (14) Township 3 North, Range 7 West, Fairbanks Meridian Sections 6 — 8 Section 9: S1/2S1/2 Sections 13 — 36; (15) Township 3 North, Range 8 West, Fairbanks Meridian Section 1 Sections 5 — 10 Sections 14 — 23 Sections 25 — 36; (16) Township 3 North, Range 9 West, Fairbanks Meridian Section 24: S1/2 Section 25 Sections 33 — 36; (17) Township 3 North, Range 10 West, Fairbanks Meridian Sections 34 — 35; (18) Township 4 North, Range 6 West, Fairbanks Meridian Sections 2 — 9 Sections 16 — 21; (19) Township 4 North, Range 7 West, Fairbanks Meridian Sections 1 — 4 Section 5: S1/2 Section 6: S1/2 Sections 7 — 24 Sections 27 — 29 Sections 30 — 31 Section 32: N1/2, SW1/4; (20) Township 4 North, Range 8 West, Fairbanks Meridian Sections 10 — 15 Sections 22 — 27 Sections 30 — 31 Sections 35 — 36; (21) Township 5 North, Range 5 West, Fairbanks Meridian Section 6: W1/2 Section 7: W1/2 Section 18: W1/2; (22) Township 5 North, Range 6 West, Fairbanks Meridian Sections 1 — 3 Section 4: SE1/4 Section 9: E1/2 Sections 10 — 15 Section 16: E1/2, SW1/4 Section 20: S1/2 Sections 21 — 29 Sections 31 — 36; (23) Township 5 North, Range 7 West, Fairbanks Meridian Section 35: SE1/4 Section 36: S1/2; (24) Township 1 South, Range 6 West, Fairbanks Meridian Sections 5 — 8 Sections 17 — 20 Sections 29 — 31; (25) Township 1 South, Range 7 West, Fairbanks Meridian Sections 1 — 36; (26) Township 1 South, Range 8 West, Fairbanks Meridian Sections 1 — 2 Sections 11 — 14 Sections 23 — 26 Sections 35 — 36; (27) Township 1 South, Range 9 West, Fairbanks Meridian Sections 1 — 36; (28) Township 1 South, Range 10 West, Fairbanks Meridian Sections 7 — 36; (29) Township 1 South, Range 11 West, Fairbanks Meridian Sections 25 — 26 Sections 35 — 36; (30) Township 2 South, Range 6 West, Fairbanks Meridian Section 6: S1/2NW1/4, S1/2 Section 7: all North and West of the Alaska Railroad right-of-way Section 18: all North and West of the Alaska Railroad right-of-way Section 19: all North and West of the Alaska Railroad right-of-way; (31) Township 2 South, Range 7 West, Fairbanks Meridian Sections 1 — 12 Section 13: NE1/4, E1/2NW1/4, NE1/4SW1/4, S1/2SW1/4, SE1/4 Section 14: W1/2 Sections 15 — 22 Section 23: W1/2 Section 24: all North and West of the Alaska Railroad right-of-way Section 27: NW1/4 Sections 28 — 32 Section 33: NE1/4NE1/4, W1/2NE1/4, W1/2, W1/2SE1/4; (32) Township 2 South, Range 8 West, Fairbanks Meridian Section 1 Sections 12 — 13 Sections 24 — 25 Section 36; (33) Township 2 South, Range 9 West, Fairbanks Meridian Sections 1 — 12 Section 17: W1/2NW1/4, NW1/4SW1/4 Section 18 Section 19: N1/2, N1/2S1/2; (34) Township 2 South, Range 10 West, Fairbanks Meridian Sections 1 — 20 Section 21: NE1/4, W1/2 Section 22: NW1/4 Section 24: N1/2, N1/2S1/2 Sections 29 — 31; (35) Township 2 South, Range 11 West, Fairbanks Meridian Sections 1 — 5 Sections 7 — 36; (36) Township 2 South, Range 12 West, Fairbanks Meridian Sections 25 — 26 Sections 35 — 36; (37) Township 3 South, Range 7 West, Fairbanks Meridian Section 5: N1/2NE1/4, W1/2 Sections 6 — 7 Section 18: NE1/4, W1/2, N1/2SE1/4, SW1/4SE1/4; (38) Township 3 South, Range 8 West, Fairbanks Meridian Section 1 Section 12 Section 13 Section 22: NE1/4 (that portion above the ordinary high water mark right bank Tanana River) Section 23: N1/2, SE1/4 Section 24: N1/2, SW1/4 Section 25: NW1/4; (39) Township 3 South, Range 11 West, Fairbanks Meridian Sections 2 — 10 Section 11: N1/2 Section 14: SW1/4NE1/4, S1/2NW1/4, SW1/4, W1/2SE1/4 Sections 15 — 21 Section 22: NE1/4, W1/2, W1/2SE1/4 Section 23: NW1/4 Section 27: W1/2NE1/4, NW1/4, W1/2SW1/4 Sections 28 — 31 Section 32: NE1/4, NW1/4, SE1/4 Section 33: W1/2; (40) Township 3 South, Range 12 West, Fairbanks Meridian Sections 1 — 2 Sections 11 — 14 Sections 23 — 26 Sections 35 — 36. (b) The Minto Flats State Game Refuge is established to (1) ensure the protection and enhancement of habitat; (2) ensure the conservation of fish and wildlife; and (3) guarantee the continuation of hunting, fishing, trapping, and other uses by the public compatible with the protection and enhancement of habitat and the conservation of fish and wildlife. (c) The state may not acquire by eminent domain privately owned land within the Minto Flats State Game Refuge, but may acquire privately owned land by purchase, exchange, or otherwise for inclusion in the Minto Flats State Game Refuge. (d) Management decisions under this section made by the commissioner of natural resources and the commissioner of fish and game are applicable only to land and water described in (a) of this section. (e) Public access to the Minto Flats State Game Refuge by means of horse, boat, aircraft, dog team, snow machine, ATV, or other means consistent with (b) of this section may not be prohibited. (f) Access to and from private property within the Minto Flats State Game Refuge shall be guaranteed through access corridors established through agreement between the Department of Natural Resources, the Department of Fish and Game, and the private property owners involved. (g) The Department of Fish and Game and the Department of Natural Resources shall exercise their respective authorities over the Minto Flats State Game Refuge consistent with a management plan prepared by the Department of Fish and Game in consultation with the Department of Natural Resources. (h) Entry upon the Minto Flats State Game Refuge for purposes of exploration and development of oil and gas resources shall be permitted unless a person demonstrates, on the basis of sound science or local traditional knowledge, that exploration and development is incompatible with the purposes specified in (b) of this section. Sec. 16.20.038. Trading Bay State Game Refuge. (a) The following state-owned land, including tide and submerged land, and all land, including tide and submerged land, acquired in the future by the state lying within the parcels described in this subsection is established as the Trading Bay State Game Refuge: (1) Township 9 North, Range 13 West, Seward Meridian Sections 6 — 7; (2) Township 9 North, Range 14 West, Seward Meridian Sections 1 — 4, E 1/2 5, 8 — 12, W 1/2 13, 14 — 17, E 1/2 19, 20 — 22, W 1/2 23, W 1/2 27, 28 — 30; (3) Township 9 North, Range 15 West, Seward Meridian Sections W 1/2 1, 2 — 4, 9 — 11, W 1/2 12 and 13, 14 — 16, 19 — 23, W 1/2 24, 26 — 28, 31 — 35; (4) Township 10 North, Range 13 West, Seward Meridian Sections 1 — 12, 14 — 22, 28 — 32; (5) Township 10 North, Range 14 West, Seward Meridian Sections 1 — 18, E 1/2 19, 20 — 29, 32 — 36; (6) Township 10 North, Range 15 West, Seward Meridian Sections 1 — 12, 14 — 23, 26 — 35; (7) Township 11 North, Range 13 West, Seward Meridian Sections SW 1/4 3, 4 — 10, SW 1/4 11, W 1/2SW 1/4 13, 14 — 23, W 1/2, SE 1/4, W 1/2 NE 1/4, SE 1/4 NE 1/4 24, 25 — 36; (8) Township 11 North, Range 14 — 15 West, Seward Meridian Sections 1 — 36; (9) Township 12 North, Range 13 West, Seward Meridian Sections 19, 29 — 33; (10) Township 12 North, Range 14 West, Seward Meridian Sections 23 — 26, 31 — 33, 36. (b) The Trading Bay State Game Refuge is established to protect the following: (1) fish and wildlife habitat and populations, particularly waterfowl nesting, feeding and migration areas; moose calving areas; spring and fall bear feeding areas; salmon spawning and rearing habitats; (2) public uses of fish and wildlife and their habitat, particularly waterfowl, moose and bear hunting; viewing; photography; and general public recreation in a high quality environment. (c) Entry upon the Trading Bay State Game Refuge for purposes of exploration and development of oil and gas resources shall be permitted when compatible with the purposes specified in (b) of this section; however, all existing leases shall be valid and continue in full force and effect according to their terms. (d) Land selected by a borough within the area described in (a) of this section shall be included in the Trading Bay State Game Refuge, subject to borough approval. If the borough relinquishes the selection of the land, the selected land becomes part of the Trading Bay State Game Refuge. (e) The state may not acquire by eminent domain privately owned land within state-owned land specified in (a) of this section for inclusion in the Trading Bay State Game Refuge. The Department of Natural Resources may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land within the Trading Bay State Game Refuge, only to the extent that these regulations are imperative to insure compatibility with the intended use of the refuge. (f) Egress and ingress to and from private property within the parcels described in (a) of this section shall be allowed through access corridors established through agreement between the Department of Natural Resources, the Department of Fish and Game, and the private property owners involved. The establishment of a refuge under this section does not impair or alter existing rights of access to set net site leases. (g) The establishment of a refuge under this section does not impair or alter existing rights of a municipality to state land selected under former AS 29.18.190 — 29.18.200. (h) Land within existing and applied for highway, pipeline, and railway rights-of-way, as of September 22, 1976, are excluded from the land described in (a) of this section; however, when these interests revert to the state, the land shall be included within the Trading Bay State Game Refuge. (i) The Department of Natural Resources shall adopt regulations governing the issuance of permits for seasonal cabins or shelters within the refuge. The department shall issue a permit to owners of cabins or shelters existing on June 24, 1976. Use permits shall be for a period not to exceed five years and shall be renewable. (j) Any land conveyed to Cook Inlet Region, Inc. by the state under the terms of the Cook Inlet land exchange is excluded from the refuge. Sec. 16.20.039. Creamer's Field Migratory Waterfowl Refuge. (a) The following state-owned land and water is established as the Creamer's Field Migratory Waterfowl Refuge: (1) commencing at the Section Corner on the Fairbanks Base Line common to Sections 33 and 34, Township 1 North, Range 1 West, Fairbanks Meridian, Point of Beginning, thence East along the Fairbanks Base Line 4703.30 feet, thence South 0 degrees 00 minutes 16 seconds West 235.67 feet to the south bank of a tributary of Isabella Creek, thence along the south bank of the tributary to Isabella Creek North 70 degrees 59 minutes 51 seconds West 525.44 feet, continuing North 88 degrees 22 minutes 22 seconds West 85.48 feet to the confluence with the south bank of Isabella Creek, thence along the south bank of Isabella Creek South 85 degrees 27 minutes 47 seconds West 209.43 feet, continuing South 68 degrees 10 minutes 59 seconds West 220.04 feet, continuing South 65 degrees 19 minutes 35 seconds West 434.66 feet to the northwestern boundary to Tract No. 5 of instrument number 60-4556 (Plat, recorded June 21, 1960) in the Fairbanks Recorder's Office, thence South 53 degrees 52 minutes 05 seconds West 1228.34 feet along the westerly boundary of the Subdivision of Tract No. 5 from the Charles Creamer Property, thence South 35 degrees 00 minutes 05 seconds West 300.08 feet to the northerly boundary of Lemeta Subdivision, thence along the north boundary of the Lemeta Subdivision North 89 degrees 52 minutes 58 seconds West 646.40 feet to the northern College Road right-of-way, thence along the north edge of the College Road right-of-way North 71 degrees 53 minutes 31 seconds West 688.05 feet, thence North 18 degrees 21 minutes 30 seconds East 12 feet, continuing on a 2 degree 17 minute 26 second curve to the right 415.49 feet, continuing North 62 degrees 07 minutes 30 seconds West 275.16 feet, thence North 27 degrees 52 minutes 30 seconds East 10.00 feet, continuing on a 2 degree 26 minute 29 second curve to the left 473.08 feet, thence leaving the College Road right-of-way North 0 degrees 03 minutes East 611.23 feet to the Fairbanks Base Line, thence North 89 degrees 56 minutes 34 seconds East along the Fairbanks Base Line 200.03 feet to the Section Corner common to Sections 33 and 34 on the Fairbanks Base Line and the Point of Beginning, containing 83.7 acres, more or less; (2) the W1/2SW1/4 and the SE1/4SW1/4 of Section 27; the S1/2 of Section 28; the portions of the S1/2SE1/4 lying southerly of the Farmers Loop Road right-of-way and the SE1/4SE1/4NE1/4SE1/4 of Section 29; all of Section 34; and the W1/2 and the W1/2E1/2 of Section 35, all in Township 1 North, Range 1 West, Fairbanks Meridian; (3) Tract B-2 and Tract C of Alaska State Land Survey No. 83-62 in Section 33, Township 1 North, Range 1 West, Fairbanks Meridian, according to Plat No. 83-272 as filed in the Fairbanks Recording District on December 20, 1983, and as modified by the public utility easement vacation plat filed in the Fairbanks Recording District on February 22, 1985, as Plat No. 85-27; (4) the SW1/4SW1/4 of Section 26 in Township 1 North, Range 1 West, Fairbanks Meridian (also known as a portion of Tax Lot 2600); (5) the SE1/4 of Section 27 in Township 1 North, Range 1 West, Fairbanks Meridian excepting therefrom: (A) all that portion lying within Air Park Subdivision according to the plat filed November 20, 1978, as Plat No. 78-206 Fairbanks Recording District; Replat Lot 7 Block 1 Air Park Subdivision and Air Park Subdivision First Addition according to the plat filed April 2, 1979, as Plat No. 79-56 Fairbanks Recording District; Air Park Second Addition, according to the plat filed November 26, 1979, as Plat No. 79-264 and amended plat filed May 15, 1980, as Plat No. 80-86 Fairbanks Recording District; Air Park Subdivision Third Addition according to the plat filed June 14, 1993, as Plat No. 93-160 Fairbanks Recording District; and (B) the West 240 feet as conveyed to Sherman Field Airstrip Owner's Association, Inc., by Bargain and Sale Deed recorded January 19, 1989, in Book 606, Page 586, Fairbanks Recording District; (6) the portions of the E1/2SW1/4SE1/4NW1/4, W1/2SE1/4SE1/4NW1/4, E1/2NW1/4SE1/4NW1/4, and W1/2NE1/4SE1/4NW1/4 lying southerly of Farmers Loop Road right-of-way, according to the Department of Transportation and Public Facilities Project RS-0644(13)/60384, as Plat No. 2008-89, Fairbanks Recording District, all lying within Section 28 in Township 1 North, Range 1 West, Fairbanks Meridian; (7) the E1/2SW1/4 and the NW1/4SW1/4 within Section 26 in Township 1 North, Range 1 West, Fairbanks Meridian. (b) The land and water described in (a)(1) of this section is subject to an easement for water and sewer lines given to the City of Fairbanks, along a portion of the southern boundary of the tract, more particularly described as follows:

commencing at the Section Corner on the Fairbanks Base Line common to Sections 33 and 34, T1N R1W Fairbanks Meridian, thence N89° 55´ W 200.01´, thence S0° 03´ W 611.23´, thence easterly on a 2° 26´ 29´´ curve to the right a distance of approximately 201´ to the intersection with the section line common to Sections 3 and 4 T1S R1W Fairbanks Meridian, and the start of the easement, the easement being 20´ wide entirely to the left of the line being now described: continue easterly on a 2° 26´ 29´´ curve to the right 272´, thence S27° 52´ 30´´W 10´, thence S62° 07´ 30´´E 275.16´, thence on a 2° 17´ 26´´ curve to the left 402.96´, thence N11° 01´E 75.62´, thence S71° 38´ 30´´E 965.11´, thence S89° 52´ 58´´ E approximately 378.00´ to the end of the easement, being a point of the boundary of the land and water described in (a)(1) of this section. (c) The Creamer's Field Migratory Waterfowl Refuge is established to provide the following: (1) protection and enhancement of habitat for migratory birds with special emphasis on waterfowl; (2) opportunity to view, photograph, and study various species of plants, wildlife and geological features typical to interior Alaska. (d) The department shall develop a management plan for the land described in (a) of this section to promote the purposes described in (c) of this section. Recreational and agricultural activity is expressly permitted within the land described in (a) of this section if consistent with the management plan adopted by the department. Sec. 16.20.040. [Renumbered as AS 16.20.075 .] Sec. 16.20.041. McNeil River State Game Refuge. (a) The following state-owned land and water, including the tideland but exclusive of marine water and submerged land, lying within the parcels described in this subsection is established as the McNeil River State Game Refuge: Township 10 South, Range 29 West, Seward Meridian Section 19: S1/2 Section 20: SW1/4 Section 29: W1/2 Sections 30 — 31 Township 10 South, Range 30 West, Seward Meridian Section 3: SW1/4 Section 4: SE1/4 Sections 10 — 11 Sections 14 — 16 Section 17: E1/2 Sections 20 — 23 Sections 25 — 29 Section 30: SE1/4 Section 31: NE1/4, S1/2 Sections 32 — 36 Township 11 South, Range 29 West, Seward Meridian Sections 1 — 35 Section 36, except Nordyke Island and its tideland Township 11 South, Range 30 West, Seward Meridian Sections 1 — 36 Township 11 South, Range 31 West, Seward Meridian Sections 1 — 36 Township 11 South, Range 32 West, Seward Meridian Sections 1 — 36, except land within Katmai National Park and Preserve Township 12 South, Range 31 West, Seward Meridian Sections 1 — 36 Township 12 South, Range 32 West, Seward Meridian Sections 1 — 36, except land within Katmai National Park and Preserve Township 13 South, Range 33 West, Seward Meridian Section 1, except land within Katmai National Park and Preserve. (b) The McNeil River State Game Refuge is established to (1) provide permanent protection for brown bear and other fish and wildlife populations and their habitats, so that these resources may be preserved for scientific, aesthetic, and educational purposes; (2) manage human use and activities in a way that is compatible with (1) of this subsection and to maintain and enhance the unique bear viewing opportunities in the McNeil River State Game Sanctuary established under AS 16.20.160 ; (3) provide opportunities that are compatible with (1) of this subsection for wildlife viewing, fisheries enhancement, fishing, hunting, and trapping, for temporary safe anchorage, and for other activities. (c) The Board of Game shall determine whether hunting of brown bears within the McNeil River State Game Refuge should be prohibited. (d) The use and enjoyment of valid rights and interests in mineral claims, including the right of access, within the McNeil River State Game Refuge is protected. This subsection does not affect the power of the commissioner of natural resources to open or close land within the McNeil River State Game Refuge to new mineral entry under AS 38.05.185 — 38.05.275. (e) The department and the Department of Natural Resources (1) may not enter into sales of land within the McNeil River State Game Refuge; (2) may enter into leases within the McNeil River State Game Refuge if the commissioner finds that activity conducted under the lease is compatible with the purposes for which the refuge is established; (3) may not accept transfer of state selected land from the federal government, or conveyance of other land, within the refuge if the land is subject to (A) a lease, easement, or other right to operate or maintain a private facility on the land or to conduct a private enterprise on the land; or (B) a continuing trespass by an unauthorized private facility or private enterprise. (f) The commissioner shall prepare a report and notify the legislature of its availability by January 30 of each year on (1) the status of the brown bears and other fish and wildlife resources within the McNeil River State Game Refuge; and (2) the effect of hunting, fishing, and trapping, fishery enhancement activity, and mineral resource development on these resources. Sec. 16.20.050. Multiple land use. Where the use, lease, or disposal of real property in state game refuges created by AS 16.20.010 — 16.20.080 is under the control or jurisdiction of the state, whether through federal permit or state ownership, the responsible state department or agency shall notify the commissioner of fish and game before initiating any use, lease, or disposal of real property. The commissioner shall acknowledge receipt of notice by return mail. Sec. 16.20.060. Submission of plans and specifications. If the commissioner so determines, the commissioner shall, in the letter of acknowledgment required under AS 16.20.050 , require the person or governmental agency to submit full plans for the anticipated use, full plans and specifications of proposed construction work, complete plans and specifications for the proper protection of fish and game, and the approximate date when the construction or work is to commence, and shall require the person or governmental agency to obtain the written approval of the commissioner as to the sufficiency of the plans or specifications before construction is commenced. The commissioner shall abide by the principle that recognizes preferences among beneficial uses as more particularly set forth in art. VIII of the state constitution. Sec. 16.20.070. Relationship to other laws. AS 16.20.050 and 16.20.060 do not affect AS 16.05.871 — 16.05.891. Sec. 16.20.075. Regulations. The board shall, under AS 16.05 , adopt regulations governing the taking of game on state game refuges it considers advisable for conservation and protection purposes. Sec. 16.20.080. Definitions. In AS 16.20.010 — 16.20.080, (1) “board” means the Board of Game; (2) “game” means any species of bird and mammal, including a feral mammal, but excluding domestic birds and mammals. Article 2. State Game Sanctuaries. Sec. 16.20.090. Legislative findings; purpose of AS 16.20.090 — 16.20.098. (a) The legislature recognizes that (1) the Walrus Islands are the sole remaining place in the state where walruses annually haul out on land and all similar “hauling grounds” in the state which were formerly utilized have been abandoned by walruses due to excessive molestation and slaughter; (2) the Walrus Islands are uninhabited, and the walruses frequenting them are not required by the state for subsistence utilization; (3) the Walrus Islands have great importance as a retreat for the Pacific walrus from the standpoints of conservation, scientific value, and tourist interest; (4) the Department of Natural Resources has taken appropriate action to achieve transfer of title in the Walrus Islands to the state. (b) The purpose of AS 16.20.090 — 16.20.098 is to protect the walruses and other game on the Walrus Islands. Sec. 16.20.092. Walrus Islands State Game Sanctuary established. The following land areas in Bristol Bay and adjacent state waters are established as a state game sanctuary to be known as the Walrus Islands State Game Sanctuary: (1) Round Island; (2) Crooked Island; (3) High Island; (4) Summit Island; (5) The Twins; (6) Black Rock. Sec. 16.20.094. Authority to administer. The boards may adopt regulations governing entry, development, construction, hunting, fishing, and all other uses or activities not in conflict with AS 16.20.096 and 16.20.098 for the purpose of preserving the natural habitat and the fish and game of the Walrus Islands State Game Sanctuary. Sec. 16.20.096. Multiple use. Oil and mineral exploration and development is permitted on the Walrus Islands State Game Sanctuary in accordance with state or federal laws and regulations, subject to the limitations of AS 16.20.098 and to additional limitations jointly determined by the commissioner of natural resources and the commissioner of fish and game to assure compatible multiple land use practices. Sec. 16.20.098. Sale prohibited; authorized leasing. Land in the Walrus Islands State Game Sanctuary may not be sold. It may be leased only as mineral land as authorized in regulations of the Department of Natural Resources. Sec. 16.20.100. [Renumbered as AS 16.20.090 (b).] Secs. 16.20.110 — 16.20.140. [Renumbered as AS 16.20.092 — 16.20.098.] Sec. 16.20.150. Stan Price State Wildlife Sanctuary. (a) The state-owned tide and submerged land and water within the following described parcels is established as a state wildlife sanctuary to be known as the Stan Price State Wildlife Sanctuary: Township 46 South, Range 69 East, Copper River Meridian Section 5: W1/2, W1/2E1/2 Section 6: SE1/4SE1/4 Section 7: NE1/4NE1/4 Section 8: NW1/4, W1/2NE1/4, N1/2SW1/4. (b) The Stan Price State Wildlife Sanctuary is established to provide permanent protection for brown bears, other fish and wildlife populations, and their habitats in the area so that these resources may be preserved for scientific, aesthetic, and educational purposes. (c) A board may adopt regulations governing access, entry, development, construction, and each other use and activity affecting the natural habitat and the fish and wildlife within the Stan Price State Wildlife Sanctuary. (d) Consistent with (b) of this section, the commissioner shall manage the Stan Price State Wildlife Sanctuary compatibly with the United States Forest Service's management of the adjacent upland. The commissioner may enter into a cooperative management agreement with a federal agency, a municipality, another state agency, or a private landowner to achieve the purposes of this section. Sec. 16.20.160. McNeil River State Game Sanctuary. The following state-owned land and water, including the tidelands but exclusive of marine water and submerged land, lying within the parcels described in this subsection is established as the McNeil River State Game sanctuary: Township 12 South, Range 29 West, Seward Meridian Sections 1 - 36 Township 12 South, Range 30 West, Seward Meridian Sections 1 - 36 Township 13 South, Range 29 West, Seward Meridian Sections 5 - 8 Sections 17 - 20 Sections 29 - 32 Township 13 South, Range 30 West, Seward Meridian Sections 1 - 36 Township 13 South, Range 31 West, Seward Meridian Sections 1 - 36 Township 13 South, Range 32 West, Seward Meridian Sections 1 - 36 Township 14 South, Range 32 West, Seward Meridian Sections 1 - 12 Sections 15 - 22 Sections 27 - 30. Sec. 16.20.162. Purpose; regulations. (a) The McNeil River State Game Sanctuary is established to (1) provide permanent protection for brown bear and other fish and wildlife populations and their habitats, so that these resources may be preserved for scientific, aesthetic, and educational purposes; (2) manage human use and activities in a way that is compatible with (1) of this subsection and to maintain and enhance the unique bear viewing opportunities within the sanctuary; and (3) provide opportunities that are compatible with (1) of this subsection for wildlife viewing, fisheries enhancement, and fishing, for temporary safe anchorage, and for other activities. (b) Hunting and trapping within the McNeil River State Game Sanctuary are prohibited. (c) The department and the Department of Natural Resources (1) may not enter into sales of land within the McNeil River State Game Sanctuary; (2) may enter into leases within the McNeil River State Game Sanctuary if the commissioner finds that activity conducted under the lease is compatible with the purposes for which the sanctuary is established; (3) may not accept transfer of state selected land from the federal government, or conveyance of other land, within the sanctuary if the land is subject to (A) a lease, easement, or other right to operate or maintain a private facility on the land or to conduct a private enterprise on the land; or (B) a continuing trespass by an unauthorized private facility or private enterprise. (d) The McNeil River State Game Sanctuary is closed to mineral entry under AS 38.05.185 — 38.05.275. (e) The boards may adopt regulations governing access, entry, development, construction, fishing, and other uses and activities affecting the natural habitat, fish and wildlife, and public use of the McNeil River State Game Sanctuary. (f) The commissioner shall prepare a report and notify the legislature of its availability by January 30 of each year on (1) the status of the brown bears and other fish and wildlife resources within the McNeil River State Game Sanctuary; and (2) the effects of fishing and fishery enhancement activity on these resources. Sec. 16.20.170. [Renumbered as AS 16.20.162 .] Article 3. Endangered Species. Sec. 16.20.180. Declaration of purpose. The legislature recognizes that, due to growth and development, certain species or subspecies of fish and wildlife are now and may in the future be threatened with extinction. The purpose of AS 16.20.180 — 16.20.210 is to establish a program for their continued conservation, protection, restoration, and propagation. Sec. 16.20.185. Protection of habitat. On land under their respective jurisdictions, the commissioner of fish and game and the commissioner of natural resources shall take measures to preserve the natural habitat of species or subspecies of fish and wildlife that are recognized as threatened with extinction. Sec. 16.20.190. Determining endangered species. (a) A species or subspecies of fish or wildlife is considered endangered when the commissioner of fish and game determines that its numbers have decreased to such an extent as to indicate that its continued existence is threatened. In making this determination the commissioner of fish and game shall consider (1) the destruction, drastic modification, or severe curtailment of its habitat; (2) its overutilization for commercial or sporting purposes; (3) the effect on it of disease or predation; (4) other natural or man-made factors affecting its continued existence. (b) After making a determination under (a) of this section, the commissioner of fish and game shall, in accordance with AS 44.62 (Administrative Procedure Act), publish a list of the species or subspecies of fish and wildlife that are endangered. The commissioner shall, at least once every two years thereafter, conduct a thorough review of the list to determine what changes have occurred concerning the species or subspecies listed. Consideration of existing species or subspecies of fish and wildlife for listing under this section shall be made on a continuing basis. The review of listed species or subspecies conducted under this section shall be submitted in writing to the governor and the legislature and shall be made available to the public. (c) In making the determination and review under (a) and (b) of this section, the commissioner of fish and game shall seek the advice and recommendation of interested persons and organizations, including but not limited to ornithologists, ichthyologists, ecologists, and zoologists. Sec. 16.20.195. Permit for taking endangered species. A species or subspecies of fish or wildlife listed as endangered under AS 16.20.190 (b) may not be harvested, captured, or propagated except under the terms of a special permit issued by the commissioner of fish and game for scientific or educational purposes, or for propagation in captivity for the purpose of preservation. Sec. 16.20.200. Penalty. A person who, without a permit issued under AS 16.20.195 , harvests, injures, imports, exports, or captures a species or subspecies of fish or wildlife listed under AS 16.20.190 , is guilty of a misdemeanor. Sec. 16.20.210. Birds included. In AS 16.20.180 — 16.20.210, “fish or wildlife” includes birds. Sec. 16.20.220. [Renumbered as AS 16.20.500 .] Sec. 16.20.230. [Renumbered (a)(1) as AS 16.20.550 , (a)(2) as AS 16.20.555 , (a)(3) as AS 16.20.560 , (a)(4) as AS 16.20.565 , (a)(5) as AS 16.20.570 , (a)(6) as AS 16.20.575 , (a)(7) as AS 16.20.580 , (a)(8) as AS 16.20.585 , (a)(9) as AS 16.20.590 , (a)(10) as AS 16.20.595 , (a)(11) as AS 16.20.600 , (a)(12), (b), (c), and (d) as AS 16.20.605 .] Secs. 16.20.240 — 16.20.260. [Renumbered as AS 16.20.510 — 16.20.530.] Sec. 16.20.270. [Renumbered as AS 16.20.690 .] Article 4. State Range Areas. Sec. 16.20.300. Delta Junction Bison Range Area. The following described areas, excluding valid existing rights, are established as the Delta Junction Bison Range Area: (1) Township 11 South, Range 12 East, Fairbanks Meridian Section 28: S 1/2 SW 1/4, SW 1/4 SE 1/4 and that portion of the NW 1/4 SW 1/4 east of the west bank of Granite Creek excluding A.S.L.S. 78-93, Tract A, Unit 1 Sections 29, 32: that land east of the west bank of Granite Creek Section 33: all, excluding A.S.L.S. 78-93, Tract A, Unit 1 Section 34: S 1/2 NW 1/4, excluding A.S.L.S. 78-93, Tract A, Unit 1, S 1/2 Section 35: S 1/2, S 1/2 NW 1/4, that portion of the NE 1/4 lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway Section 36: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway; (2) Township 12 South, Range 11 East, Fairbanks Meridian Sections 13, 24—26, 35, 36: all Sections 1, 11, 12, 14, 22, 23, 27, 34: that land east of the west bank of Granite Creek; (3) Township 12 South, Range 12 East, Fairbanks Meridian Sections 1—4, 7—25, 30, 36: all Sections 5, 6: that land east of the west bank of Granite Creek; (4) Township 12 South, Range 13 East, Fairbanks Meridian Sections 5, 6, 9: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway Section 7: all Section 8: all, excluding a corridor extending 1320 feet from the centerline of the Alaska Highway Section 10: that portion of the SW 1/4 lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway Section 14: S 1/2 S 1/2 SW 1/4 Section 15: S 1/2, NW 1/4, excluding a corridor extending 1320 feet from the centerline of the Alaska Highway Sections 16-22: all Section 23: S 1/2, NW 1/4, S 1/2 NE 1/4, S 1/2 N 1/2 NE 1/4 Section 24: SW 1/4, S 1/2 NW 1/4, excluding a corridor extending 1320 feet from the centerline of the Alaska Highway, S 1/2 S 1/2 SE 1/4 Sections 25-36: all; (5) Township 12 South, Range 14 East, Fairbanks Meridian Sections 19, 28-30, 33-35: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway Sections 31, 32: all; (6) Township 13 South, Range 13 East, Fairbanks Meridian Sections 1-5, 9-15, 23-25, 36: all; (7) Township 13 South, Range 14 East, Fairbanks Meridian Section 1: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway Sections 2-36: all; (8) Township 13 South, Range 15 East, Fairbanks Meridian Sections 5, 6, 8-10, 15: that portion lying south of the Alaska Highway excluding a corridor extending 1320 feet from the centerline of the highway Sections 7, 16-20, 30: all Sections 21, 22, 28, 29, 31, 32: that portion lying west of the east bank of the Little Gerstle River; (9) Township 14 South, Range 14 East, Fairbanks Meridian Section 1: that portion lying west of the east bank of the Little Gerstle River Sections 2-6: all; (10) Township 14 South, Range 13 East, Fairbanks Meridian Section 1: all; (11) Township 14 South, Range 15 East, Fairbanks Meridian Section 6: that portion lying west of the east bank of the Little Gerstle River. Sec. 16.20.310. Game management plan for bison. (a) The commissioner shall develop and may amend a game management plan for bison in the area described in AS 16.20.300 . After holding public hearings in accordance with AS 44.62.310 — 44.62.319 (Open Meetings Act), the commissioner shall implement the game management plan. (b) The game management plan must include, but is not limited to (1) planting grains for bison and planting other wildlife forage; (2) altering existing plant cover to create additional range and year-round habitat for bison and other animal species in the area; (3) tilling to produce forage. (c) The commissioner shall develop and amend the game management plan to coordinate, as closely as possible, the game management plan with the activities of the Department of Natural Resources relating to the Big Delta agricultural development project. Sec. 16.20.315. Bison range timber sales. The Department of Natural Resources, division of forestry and fire protection, shall provide for the sale of timber in the Delta Junction bison range area in a manner that does not delay implementation of the game management plan required under AS 16.20.310 . Sec. 16.20.320. Activities on bison range area. Nothing in AS 16.20.300 — 16.20.320 shall be construed as prohibiting activities on land described in AS 16.20.300 that are otherwise permitted in accordance with the laws and regulations of this state, including, but not limited to, hunting, trapping, engaging in recreational activities, using the land for access to adjacent areas, and a 300-foot Alaska Railroad right-of-way. Sec. 16.20.340. Purpose of Matanuska Valley Moose Range. The purpose of AS 16.20.340 — 16.20.360 is to establish the area described in AS 16.20.360 as the Matanuska Valley Moose Range. The primary purposes of the Matanuska Valley Moose Range are to maintain, improve, and enhance moose populations and habitat and other wildlife resources of the area, and to perpetuate public multiple use of the area, including fishing, grazing, forest management, hunting, trapping, mineral and coal entry and development, and other forms of public use of public land not incompatible with the purpose stated in this section. Sec. 16.20.350. Management responsibility for moose range. (a) The Department of Fish and Game is responsible for the management of fish and game resources on the state land and water described in AS 16.20.360 consistent with the purposes of AS 16.20.340 — 16.20.360. (b) Management of the surface and subsurface estate is the responsibility of the Department of Natural Resources. After adequate public hearings the Department of Natural Resources shall develop and adopt a management plan for the Matanuska Valley Moose Range that shall reflect the concurrence of the Department of Fish and Game. The management plan shall be adopted, implemented, and maintained within three years of the establishment of the Matanuska Valley Moose Range. The management plan shall be revised, if necessary and appropriate, under the same procedure followed for initial adoption. The plan shall provide for roadside recreation sites, including picnicking and camping areas. (c) The Department of Natural Resources may, after consultation with the Department of Fish and Game, adopt regulations governing the public use of the area. The regulations must include provisions for multiple use, as defined in AS 38.04.910 , and for public multiple uses listed in AS 16.20.340 . Regulations adopted for the Matanuska Valley Moose Range do not apply to private land within the boundary described in AS 16.20.360 . (d) The area shall be managed to sustain fish and wildlife resources in perpetuity, according to the principle of sustained yield. (e) The commissioner of natural resources may acquire in the name of the state, by negotiated purchase only, without an option of first purchase, title or interest in real property lying within the boundaries of the Matanuska Valley Moose Range. The land described herein is to be managed by the Department of Natural Resources. Sec. 16.20.360. Matanuska Valley Moose Range established. The state-owned land and water, vacant and unappropriated, and all that acquired in the future by the state, lying within the boundary described in this section, are designated as the Matanuska Valley Moose Range, and are reserved from all uses incompatible with their primary purposes as public use land. The land described herein is to be managed by the Department of Natural Resources. (1) Township 18 North, Range 1 East, Seward Meridian Section 1; (2) Township 18 North, Range 2 East, Seward Meridian Sections 4 — 6; (3) Township 19 North, Range 1 East, Seward Meridian Section 13 Sections 24 — 25 Section 36; (4) Township 19 North, Range 2 East, Seward Meridian Section 1 Section 2, E 1/2 Section 10, S 1/2 Sections 11 — 34 Section 35, N 1/2; (5) Township 19 North, Range 3 East, Seward Meridian Sections 1 — 32, that portion lying north of the Glenn Highway right-of-way; (6) Township 19 North, Range 4 East, Seward Meridian Section 1, N 1/2, SW 1/4 Sections 2 — 10 Section 11, N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4, NW 1/4 SW 1/4 Section 15, W 1/2 NW 1/4, NE 1/4 NW 1/4 Section 16, E 1/2 NE 1/4, N 1/2 S 1/2 that portion north and east of the Glenn Highway right-of-way; (7) Township 19 North, Range 5 East, Seward Meridian Section 6, NW 1/4, N 1/2 NE 1/4; (8) Township 20 North, Range 2 East, Seward Meridian Section 1 Sections 12 — 13 Sections 24 — 25 Section 36; (9) Township 20 North, Range 3 East, Seward Meridian Section 5, W 1/2 Sections 6 — 7 Sections 11 — 13 Sections 18 — 19 Sections 24 — 25 Section 30, N 1/2 Sections 31 — 33, S 1/2 Sections 34 — 36; (10) Township 20 North, Range 4 East, Seward Meridian Section 5, W 1/2 Section 6 Section 7, N 1/2 Sections 12 — 13 Sections 21 — 36; (11) Township 20 North, Range 5 East, Seward Meridian Section 5 Section 6, E 1/2 Sections 7 — 8 Section 12, S 1/2 Sections 13 — 32 Section 33, SW 1/4 NE 1/4, N 1/2 NE 1/4, SW 1/4 SW 1/4, N 1/2 SW 1/4, NW 1/4 Section 34, N 1/2 N 1/2; (12) Township 20 North, Range 6 East, Seward Meridian Sections 1 — 12 Section 14, N 1/2 Sections 15 — 21 Section 22, NW 1/4, N 1/2 NE 1/4 Section 29, W 1/2, those portions lying north of the right-of-way for the Glenn Highway Section 30, those portions lying north of the right-of-way for the Glenn Highway; (13) Township 20 North, Range 7 East, Seward Meridian Section 6; (14) Township 21 North, Range 2 East, Seward Meridian Section 25 Section 36; (15) Township 21 North, Range 3 East, Seward Meridian Section 25 Section 29, W 1/2 Sections 30 — 31 Section 32, W 1/2 Section 36, N 1/2; (16) Township 21 North, Range 4 East, Seward Meridian Section 12, W 1/2 Section 13 Section 20 Section 21, S 1/2 Section 24, E 1/2 Section 28 Section 29, E 1/2 Section 30, S 1/2 Sections 31 — 32; (17) Township 21 North, Range 5 East, Seward Meridian Section 3 Section 9 Section 10, W 1/2 Sections 16 — 17 Sections 19 — 20 Section 21, N 1/2 Section 29, W 1/2 Sections 30 — 31 Section 32, W 1/2; (18) Township 21 North, Range 6 East, Seward Meridian Section 2 Section 3, E 1/2 Section 10 Section 11, W 1/2 Section 14, W 1/2 Section 15 Sections 21 — 22 Section 23, W 1/2 Sections 28 — 29 Sections 31 — 36; (19) Township 21 North, Range 7 East, Seward Meridian Sections 27 — 28 Sections 31 — 32 Section 33, N 1/2 Section 34, N 1/2; (20) Township 22 North, Range 6 East, Seward Meridian Section 23 Section 26 Section 35. Article 5. Fish and Game Critical Habitat Areas. Sec. 16.20.500. Purpose. The purpose of AS 16.20.500 — 16.20.690 is to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife, and to restrict all other uses not compatible with that primary purpose. Sec. 16.20.510. Regulations. The Board of Fisheries and the Board of Game, where appropriate, shall adopt regulations they consider advisable for conservation and protection purposes governing the taking of fish and game in state fish and game critical habitat areas. Sec. 16.20.520. Multiple land use. Before the use, lease, or other disposal of land under private ownership or state jurisdiction and control, within state fish and game critical habitat areas created under AS 16.20.500 — 16.20.690, the person or responsible state department or agency shall notify the commissioner of fish and game. The commissioner shall acknowledge receipt of notice by return mail. Sec. 16.20.530. Submission of plans and specifications. (a) When a board determines that the following information is required, it shall instruct the commissioner, in the letter of acknowledgment required under AS 16.20.520 , to require the person or governmental agency to submit: (1) full plans for the anticipated use; (2) full plans and specifications of proposed construction work; (3) complete plans and specifications for the proper protection of fish and game; and (4) the approximate date when the construction or work is to commence. (b) The board shall require the person or governmental agency to obtain the written approval of the commissioner as to the sufficiency of the plans or specifications before construction is commenced. Sec. 16.20.550. Port Moller Critical Habitat Area established. The following described area is established as the Port Moller Critical Habitat Area: (1) Township 50 South, Range 71 West, Seward Meridian Sections 7 — 8 Section 14 (not tide or submerged land) Sections 15 — 17 Sections 21 — 23 Section 32; (2) Township 51 South, Range 71 West, Seward Meridian Section 3 (not tide or submerged land) Sections 4 — 5 Section 7 Sections 9 — 10 Sections 15 — 17; (3) Township 49 South, Range 73 West, Seward Meridian Sections 10 — 11 Section 12 (not tide or submerged land) Sections 13 — 16 Section 21 Section 24 Section 28; (4) Township 51 South, Range 72 West, Seward Meridian Sections 5 — 8 Sections 11 — 12; (5) Township 50 South, Range 72 West, Seward Meridian Sections 18 — 19 Sections 30 — 32; (6) Township 50 South, Range 73 West, Seward Meridian Sections 7 — 13 Sections 14 — 17 (not tide or submerged land) Section 18; (7) Township 50 South, Range 74 West, Seward Meridian Sections 5 — 7 Section 8 (not tide or submerged land) Sections 9 — 13 Sections 14 — 16 (not tide or submerged land) Sections 17 — 18 Section 20; (8) Township 50 South, Range 75 West, Seward Meridian Section 1 Sections 6 — 7 Section 12; (9) Township 49 South, Range 75 West, Seward Meridian Section 3 Sections 4 — 6 (not tide or submerged land) Sections 7 — 11 Sections 14 — 16 Sections 21 — 32; (10) Township 48 South, Range 75 West, Seward Meridian Sections 15 — 18 Section 22 Sections 29 — 30 Section 31 (not tide or submerged land) Section 32; (11) Township 48 South, Range 76 West, Seward Meridian Sections 13 — 17 Sections 19 — 23 Sections 25 — 27 Sections 29 — 30 Sections 34 — 35 Section 36 (not tide or submerged land); (12) Township 50 South, Range 76 West, Seward Meridian Section 1 Section 3 Section 4 (not tide or submerged land) Section 9 (not tide or submerged land) Sections 10 — 13 Sections 14 — 16 (not tide or submerged land) Sections 21 — 23 (not tide or submerged land) Sections 24 — 25 Sections 26 — 28 (not tide or submerged land); (13) Township 49 South, Range 76 West, Seward Meridian Sections 1 — 4 Sections 7 — 9 Sections 10 — 11 (not tide or submerged land) Sections 12 — 14 Sections 15 — 16 (not tide or submerged land) Sections 17 — 18 Section 21 (not tide or submerged land) Section 22 Sections 28 — 29 Sections 33 — 34; (14) Township 49 South, Range 77 West, Seward Meridian Sections 1 — 2 Sections 4 — 5 Sections 7 — 12 Sections 13 — 18 (not tide or submerged land); (15) Township 48 South, Range 77 West, Seward Meridian Sections 20 — 23 Sections 26 — 28; (16) Township 48 South, Range 78 West, Seward Meridian Sections 26 — 27 Sections 31 — 34; (17) Township 49 South, Range 78 West, Seward Meridian Sections 2 — 5 Sections 8 — 12 Sections 13 — 16 (not tide or submerged land) Section 17. Sec. 16.20.555. Port Heiden Critical Habitat Area established. The following described area is established as the Port Heiden Critical Habitat Area: (1) Township 38 South, Range 59 West, Seward Meridian Sections 13 — 15 (not tide or submerged land) Section 16 Section 21 Sections 22 — 27 (not tide or submerged land) Section 28 Sections 33 — 34 Sections 35 — 36 (not tide or submerged land); (2) Township 38 South, Range 60 West, Seward Meridian Sections 17 — 19; (3) Township 38 South, Range 61 West, Seward Meridian Sections 24 — 26 Section 34; (4) Township 39 South, Range 59 West, Seward Meridian Sections 1 — 2 (not tide or submerged land) Section 3 Sections 10 — 14 (not tide or submerged land) Section 15 Sections 19 — 22 Sections 26 — 29 Sections 30 — 33 (not tide or submerged land) Sections 34 — 36; (5) Township 39 South, Range 60 West, Seward Meridian Sections 18 — 24 Section 25 (not tide or submerged land) Sections 26 — 27 Sections 28 — 36 (not tide or submerged land); (6) Township 39 South, Range 61 West, Seward Meridian Sections 2 — 4 Sections 8 — 9 Section 10 (not tide or submerged land) Sections 11 — 13 Sections 14 — 15 (not tide or submerged land) Sections 16 — 18 Sections 19 — 20 (not tide or submerged land) Section 21 Sections 22 — 36 (not tide or submerged land); (7) Township 39 South, Range 62 West, Seward Meridian Section 13 Sections 23 — 28 Sections 32 — 34 Sections 35 — 36 (not tide or submerged land). Sec. 16.20.560. Cinder River Critical Habitat Area established. The following described area is established as the Cinder River Critical Habitat Area: (1) Township 32 South, Range 54 West, Seward Meridian Section 29 Sections 31 — 32; (2) Township 33 South, Range 55 West, Seward Meridian Sections 1 — 4 Sections 7 — 13 Sections 14 — 17 (not tide or submerged land) Section 18; (3) Township 33 South, Range 56 West, Seward Meridian Sections 13 — 14 Sections 22 — 23 Sections 24 — 26 (not tide or submerged land) Sections 27 — 29 Sections 31 — 32 Sections 33 — 36 (not tide or submerged land); (4) Township 34 South, Range 56 West, Seward Meridian Sections 5 — 7 Section 4 N 1/2; (5) Township 34 South, Range 57 West, Seward Meridian Section 1 Section 12. Sec. 16.20.565. Egegik Critical Habitat Area established. The following described area is established as the Egegik Critical Habitat Area: (1) Township 24 South, Range 51 West, Seward Meridian Sections 1 — 2 Section 11 S 1/2 Section 12 N 1/2; (2) Township 23 South, Range 51 West, Seward Meridian Section 13 Sections 24 — 25 Sections 35 — 36; (3) Township 23 South, Range 50 West, Seward Meridian Section 7 Sections 18 — 19 Section 30 Section 31 (not tide or submerged land). Sec. 16.20.570. Pilot Point Critical Habitat Area established. The following described area is established as the Pilot Point Critical Habitat Area: (1) Township 30 South, Range 52 West, Seward Meridian (protracted) Sections 1 — 3 Section 12; (2) Township 30 South, Range 51 West, Seward Meridian (protracted) Sections 5 — 8 Section 17; (3) Township 31 South, Range 51 West, Seward Meridian (protracted) Sections 5 — 8 Sections 13 — 15 Sections 17 — 27; (4) Township 30 South, Range 52 West, Seward Meridian (protracted) Sections 27 — 29 Sections 31 — 34; (5) Township 31 South, Range 52 West, Seward Meridian (protracted) Sections 1 — 3 Sections 5 — 6 Sections 11 — 14 Sections 23 — 24; (6) Township 30 South, Range 53 West, Seward Meridian (protracted) Section 36; (7) Township 31 South, Range 53 West, Seward Meridian (protracted) Sections 1 — 2 Sections 10 — 11 Sections 12 — 14 (not tide or submerged land) Sections 15 — 16 Sections 20 — 21 Sections 22 — 28 (not tide or submerged land) Sections 29 — 31 Sections 32 — 36 (not tide or submerged land); (8) Township 32 South, Range 54 West, Seward Meridian (protracted) Section 36. Sec. 16.20.575. Kalgin Island Critical Habitat Area established. The following described area is established as the Kalgin Island Critical Habitat Area: (1) Township 3 North, Range 15 West, Seward Meridian Section 7 NW 1/4 Section 6 SW 1/4; (2) Township 3 North, Range 16 West, Seward Meridian Section 1 Sections 11 — 12 Section 2 E 1/2; (3) Township 4 North, Range 16 West, Seward Meridian Section 35 E 1/2 Section 36. Sec. 16.20.580. Fox River Flats Critical Habitat Area established. The following described area is established as the Fox River Flats Critical Habitat Area: (1) Township 4 South, Range 10 West, Seward Meridian Section 20 SE 1/4 (not tide or submerged land) Section 21 S 1/2 (not tide or submerged land) Section 22 S 1/2 Section 23 S 1/2 (not tide or submerged land) Sections 25 — 29 Sections 33 — 36; (2) Township 4 South, Range 9 West, Seward Meridian Section 30 W 1/2 (not tide or submerged land). Sec. 16.20.585. Chilkat River Critical Habitat Area established. The following described area is established as the Chilkat River Critical Habitat Area: The areas encompassed by a boundary beginning at a point identical with the north corners common to Sections 1 and 2, Township 29 South, Range 56 East, Copper River Meridian, Alaska; thence west a distance of 500 feet along the north boundary of Section 2; thence south along a line parallel to the west boundary of Section 2, Township 29 South, Range 56 East, Copper River Meridian, a distance of approximately one mile to the south boundary of Section 2; thence east a distance of approximately 500 feet to the southeast corner of Section 2; thence south along the east boundary of Section 11, Township 29 South, Range 56 West, Copper River Meridian crossing the Tsirku River, to the first point of intersection with a meander line 500 feet upland from the line of mean high water on the south bank of the Tsirku River; thence easterly along said meander line to its first point of intersection with a western boundary or the northerly extension of the western boundary of U.S. Survey 786; thence to the northwest corner of U.S. Survey 786; thence east 2,640 feet to the northeast corner of U.S. Survey 786; thence south along the east boundary to U.S. Survey 786 to its intersection with the section line common to Sections 17 and 20 of Township 29 South, Range 57 East, Copper River Meridian; thence east along said section line to its first point of intersection with a meander line running 500 feet upland from the mean high water mark on the west bank of the Chilkat River; thence meandering in a southeasterly direction along a line 500 feet upland from the mean high water mark on the southeast bank of the Chilkat River to its first point of intersection with the section line common to Sections 21 and 28 of Township 29 South, Range 57 East, Copper River Meridian; thence east along said section line to the corner common to Sections 21, 22, 27 and 28, Township 29 South, Range 57 East, Copper River Meridian; thence north along section lines to the point of intersection with the Haines Highway right-of-way; thence northwesterly along the southwest boundary of said highway right-of-way to the point of intersection with the north boundary of Section 6, Township 29 South, Range 57 East, Copper River Meridian; thence west along section lines to the point of beginning, comprising 4,800 acres, more or less. Sec. 16.20.590. Kachemak Bay Critical Habitat Area established. (a) The following described area is established as the Kachemak Bay Critical Habitat Area: (1) Township 4 South, Range 10 West, Seward Meridian (only tide and submerged land and waters); (2) Township 5 South, Range 10 West, Seward Meridian (only tide and submerged land and waters); (3) Township 5 South, Range 11 West, Seward Meridian (only tide and submerged land and waters); (4) Township 5 South, Range 12 West, Seward Meridian (only tide and submerged land and waters); (5) Township 6 South, Range 11 West, Seward Meridian (only tide and submerged land and waters); (6) Township 6 South, Range 12 West, Seward Meridian (only tide and submerged land and waters); (7) Township 6 South, Range 13 West, Seward Meridian (only tide and submerged land and waters); (8) Township 6 South, Range 14 West, Seward Meridian (only tide and submerged land and waters); (9) Township 7 South, Range 11 West, Seward Meridian (only tide and submerged land and waters); (10) Township 7 South, Range 12 West, Seward Meridian (only tide and submerged land and waters); (11) Township 7 South, Range 13 West, Seward Meridian (only tide and submerged land and waters); (12) Township 7 South, Range 14 West, Seward Meridian (only tide and submerged land and waters); (13) Township 8 South, Range 12 West, Seward Meridian (only tide and submerged land and waters); (14) Township 8 South, Range 13 West, Seward Meridian (only tide and submerged land and waters); (15) Township 8 South, Range 14 West, Seward Meridian (only tide and submerged land and waters); (16) Township 9 South, Range 14 West, Seward Meridian (only tide and submerged land and waters); (17) Township 9 South, Range 15 West, Seward Meridian (only tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi); (18) Township 5 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi); (19) Township 6 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi); (20) Township 7 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi); (21) Township 8 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi); (22) Township 9 South, Range 12 West, Seward Meridian (only tide and submerged land and waters). (b) Notwithstanding (a) of this section, the land described in this subsection is excluded from the Kachemak Bay Critical Habitat Area established under (a) of this section. The land that is excluded is described as (1) Township 6 South, Range 13 West, Seward Meridian Section 35 (those portions of the tidelands and submerged lands lying northerly of the Homer Spit, including any portion of the Homer Small Boat Basin, within the SE1/4 of the protracted section; and any portion within The Fishin' Hole subdivision, Plat 92-39 Homer Recording District) Section 36 (those portions of the tidelands and submerged lands, including any portion of the Homer Small Boat Basin within the S1/2 of the protracted section); (2) Township 7 South, Range 13 West, Seward Meridian Section 1 (those portions of the tidelands and submerged lands lying northerly or easterly of the Homer Spit, including any portion of the Homer Small Boat Basin, within the N1/2N1/2 and N1/2S1/2N1/2 of the protracted section) Section 2 (those portions of the tidelands and submerged lands lying in the Homer Small Boat Basin within the NE1/4NE1/4NE1/4 of the protracted section). Sec. 16.20.595. Clam Gulch Critical Habitat Area established. The following described area is established as the Clam Gulch Critical Habitat Area: All tide and submerged land to the minus five foot elevation, from Cape Kasilof to Happy Valley, contained in the following description: (1) Township 3 North, Range 12 West, Seward Meridian Sections 9, 16, 21, 28, 33; (2) Township 2 North, Range 12 West, Seward Meridian Sections 4, 8, 9, 17, 20, 29, 31, 32; (3) Township 1 North, Range 12 West, Seward Meridian Sections 6 — 7; (4) Township 1 North, Range 13 West, Seward Meridian Sections 12 — 14, 22, 23, 27, 33, 34; (5) Township 1 South, Range 13 West, Seward Meridian Sections 5 — 7; (6) Township 1 South, Range 14 West, Seward Meridian Sections 12 — 14, 23, 26 — 27, 33 — 34; (7) Township 2 South, Range 14 West, Seward Meridian Sections 4, 8 — 9, 17, 20, 29, 32; (8) Township 3 South, Range 14 West, Seward Meridian Sections 5, 6, and that portion of Section 7 lying north of Happy Creek. Sec. 16.20.600. Copper River Delta Critical Habitat Area established. The following described area is established as the Copper River Delta Critical Habitat Area: All public land, tideland, submerged land, and water contained in the following description: Beginning at a point on the south edge of the Copper River Highway right-of-way 200´ west of its intersection with the Eyak Trail trailhead; thence southwesterly 200´ west of the Eyak Trail and parallel to it approximately 4 miles to the mean high tide line; thence southwesterly along the mean high tide line to Point Whitshed; thence northwesterly along the mean high tide line to a point of intersection at the west edge of Section 21, T16S, R4W, C.R.M. and the mean high tide line at the mouth of Orca Inlet; thence westerly a distance of approximately 3 miles to the northeast tip of Little Mummy Island; thence southwesterly a distance of approximately 4 miles to the intersection of the south edge of Section 33, T16S, R5W, C.R.M. and the mean high tide line; thence along the mean high tide line on the east portion of Hinchinbrook Island, including Boswell Bay to Point Bentinck; thence S.68°E. approximately 57 miles to a point of intersection with the protracted boundary line common between R4E and R5E, C.R.M.; thence N.13°E. approximately 10 miles to Palm Point; thence northwesterly along the mean high tide line to a point of intersection with the west boundary line of Section 25, T19S, R4E, C.R.M. to a point of intersection with the mean high tide line on the north shore of Softuk Bar; thence northwesterly to Windy Point; thence due east approximately 1.1 miles to the 200 foot contour; thence northerly along the 200 foot contour around Ragged Mountain, easterly and northerly along the eastern shore of Martin and Little Martin lakes to a point 4 miles due south of Bridge No. 227 on the Proposed Bering River Highway; thence north to Bridge No 227; thence westerly along the south edge of the Bering River Highway to its junction with the Copper River Highway; thence, westerly along the south edge of the Copper River Highway to the point of beginning; excluding all areas within the Cordova Airport Boundaries. Sec. 16.20.605. Anchor River and Fritz Creek Critical Habitat Area established. (a) All state land and water contained in the following described areas is established as the Anchor River and Fritz Creek Critical Habitat Area: (1) Township 4 South, Range 13 West, Seward Meridian Section 25 Section 35 Section 36; (2) Township 5 South, Range 12 West, Seward Meridian Sections 17 — 20; (3) Township 5 South, Range 13 West, Seward Meridian Section 2 Section 3 Section 4 E1/2 Section 8 S1/2 Sections 9 — 11 Sections 13 — 20 Section 21 W1/2 Section 24; (4) Township 5 South, Range 14 West, Seward Meridian Section 13 Section 20 NE1/4 Sections 21 — 24 Section 26 N1/2 Section 27 N1/2 Section 28 N1/2. (b) Notwithstanding AS 16.20.500 and the establishment of the Anchor River and Fritz Creek Critical Habitat Area under (a) of this section, (1) the use of and appropriation of water rights from Fritz Creek for a municipal and community water source is protected within the Anchor River and Fritz Creek Critical Habitat Area; (2) the possibility of the construction of a dam and reservoir on Fritz Creek is reserved within the Anchor River and Fritz Creek Critical Habitat Area. (c) The use and enjoyment of valid existing rights and interests within the Anchor River and Fritz Creek Critical Habitat Area are protected.

Future conveyances, including but not limited to rights-of-way, timber sales, municipal entitlements, grazing leases, and oil and gas leases, may occur. (d) A management plan for the Anchor River and Fritz Creek Critical Habitat Area shall be adopted and may be revised by the Department of Fish and Game in consultation with the Department of Natural Resources under AS 44.62 (Administrative Procedure Act). The management plan shall reflect the concurrence of the Kenai Peninsula Borough as it applies to land committed by the borough to the Anchor River and Fritz Creek Critical Habitat Area. (e) The department shall establish a citizens' advisory committee to work with the department and advise on implementation and revisions of the management plan for the Anchor River and Fritz Creek Critical Habitat Area. (f) Appointments to the citizens' advisory committee shall be recommended by the Kenai Peninsula Borough and the City of Homer and shall include representatives from (1) industry and commercial users; (2) hunters, trappers, fishermen, and recreational users; and (3) officials representing the Kenai Peninsula Borough and the City of Homer. Sec. 16.20.610. Dude Creek Critical Habitat Area. (a) The purpose of the Dude Creek Critical Habitat Area is the protection and enhancement of the wet meadow habitat that is the key roosting area for migrating lesser sandhill cranes, for the protection of lesser sandhill cranes, and for the continued public use and enjoyment of the area. (b) The following described area is established as the Dude Creek Critical Habitat Area: Township 40 South, Range 58 East, Copper River Meridian Section 2: W1/2 Section 3 Sections 9 — 10 Section 11: W1/2NE1/4, W1/2 Section 14: Lot 3, NW1/4, N1/2SW1/4, SW1/4SW1/4 Section 15 Section 16: N1/2, SE1/4. (c) The Dude Creek Critical Habitat Area described in (b) of this section shall be managed under a management plan prepared and implemented by the department in consultation with the community of Gustavus and the Board of Game. (d) The department shall allow public uses, including fishing, hunting, trapping, mechanized and nonmechanized public access, grazing, firewood harvesting, wildlife viewing, hiking, and berry picking under the management plan adopted under (c) of this section to the extent that the activities are compatible with (a) of this section. (e) The legislature understands that a portion of the state land described in (b) of this section is mental health trust land of the state and the legislature intends that the land retain its status as mental health trust land, notwithstanding its inclusion in the Dude Creek Critical Habitat Area. Sec. 16.20.615. Tugidak Island Critical Habitat Area. (a) The state land above the mean high tide line within the following described area is established as the Tugidak Island Critical Habitat Area: (1) Township 41 South, Ranges 33 — 34 West, Seward Meridian; (2) Township 42 South, Range 33 West, Seward Meridian Sections 1 — 11 Sections 14 — 23 Sections 25 — 36; (3) Township 42 South, Ranges 34 — 35 West, Seward Meridian; (4) Township 43 South, Ranges 34 — 35 West, Seward Meridian. (b) In addition to the area described in (a) of this section, the water and the land below the mean high tide line in the lagoon at the northeast end of Tugidak Island are included within the Tugidak Island Critical Habitat Area. (c) The Tugidak Island Critical Habitat Area described in (a) and (b) of this section shall be managed under a management plan prepared by the department. (d) The department shall permit existing cabins to remain, subsistence and recreational uses to continue, and commercial uses such as seal hunting and placer mining to continue, if appropriate under the management plan adopted under (c) of this section to the extent that the activities are compatible with the establishment of the Tugidak Island Critical Habitat Area. (e) The department shall permit entry within the Tugidak Island Critical Habitat Area for the exploration and development of oil and gas resources when compatible with the purposes for which the critical habitat area was established. An oil and gas lease of state land within the Tugidak Island Critical Habitat Area is valid and continues in full force according to its terms. Sec. 16.20.620. Willow Mountain Critical Habitat Area established. (a) The following described area is established as the Willow Mountain Critical Habitat Area: (1) Township 20 North, Range 2 West, Seward Meridian Section 7 Sections 18 — 19; (2) Township 20 North, Range 3 West, Seward Meridian Sections 1 — 2 Sections 11 — 14 Sections 23 — 24; (3) Township 21 North, Range 2 West, Seward Meridian Sections 4 — 7 Section 18: W1/2; (4) Township 21 North, Range 3 West, Seward Meridian Section 1 Sections 11 — 14 Sections 23 — 26 Sections 35 — 36; (5) Township 22 North, Range 2 West, Seward Meridian Sections 19 — 21 Sections 28 — 33. (b) Notwithstanding AS 16.20.510 — 16.20.530, the commissioner of fish and game, in consultation with the commissioner of natural resources, shall prepare a management plan for the Willow Mountain Critical Habitat Area. The commissioner of fish and game and the commissioner of natural resources shall exercise their respective authorities over the area in a manner consistent with the management plan. Sec. 16.20.625. Redoubt Bay Critical Habitat Area. (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. Sec. 16.20.630. Homer Airport Critical Habitat Area established. (a) The following described area is established as the Homer Airport Critical Habitat Area: (1) Tract A: Township 6 South, Range 13 West, Seward Meridian Section 21: that portion of the S1/2NE1/4NW1/4 upland of the ordinary high water line of Beluga Lake, comprising 9.3 acres, more or less; (2) Tract B: Township 6 South, Range 13 West, Seward Meridian Section 21: that portion of the NE1/4 upland of the ordinary high water line of Beluga Lake that is encompassed by a boundary beginning at the section corner common to Sections 15, 16, 21, and 22, Township 6 South, Range 13 West, Seward Meridian; thence proceeding South 00 degrees 01 minute 00 seconds East along the section line common to Sections 21 and 22, Township 6 South, Range 13 West, Seward Meridian, to the point of intersection with a line located 1,520 feet South of and parallel to the northern section line of Section 21, Township 6 South, Range 13 West, Seward Meridian; thence along the line located 1,520 feet South of and parallel to the northern section line of Section 21, Township 6 South, Range 13 West, Seward Meridian, to the point of intersection with the ordinary high water line of Beluga Lake; thence in a northwesterly direction along the meanders of the ordinary high water line of Beluga Lake to the point of intersection with the West boundary line of NE1/4, Section 21, Township 6 South, Range 13 West, Seward Meridian, being common to the center quarter line of Section 21, Township 6 South, Range 13 West, Seward Meridian; thence North 00 degrees 01 minute 00 seconds West along the West boundary line of NE1/4, Section 21, Township 6 South, Range 13 West, Seward Meridian, to the point of intersection with the section line common to Sections 16 and 21, Township 6 South, Range 13 West, Seward Meridian; thence East along the section line common to Sections 16 and 21, Township 6 South, Range 13 West, Seward Meridian, to the point of beginning; comprising 70.4 acres, more or less; (3) Tract C: Township 6 South, Range 13 West, Seward Meridian Section 15: S1/2SW1/4, comprising 80 acres, more or less; (4) Tract D: Township 6 South, Range 13 West, Seward Meridian Section 22: that portion of the NW1/4 northwesterly of a line parallel to, northwesterly of, and 750 feet perpendicular from the monumented runway centerline of the Homer Airport, comprising 60 acres, more or less; (5) Tract E, comprising 74 acres, more or less: Township 6 South, Range 13 West, Seward Meridian Section 15: those portions of SW1/4SE1/4 and E1/2SE1/4 northwesterly of a line parallel to, northwesterly of, and 750 feet perpendicular from the monumented runway centerline of the Homer Airport; Section 22: that portion of the NW1/4NE1/4 northwesterly of a line parallel to, northwesterly of, and 750 feet perpendicular from the monumented runway centerline of the Homer Airport. (b) Notwithstanding AS 16.20.500 — 16.20.530, the land in Township 6 South, Range 13 West, Section 21 described in (a) of this section is subject to the following: (1) the right of unobstructed passage by aircraft over the land; (2) the right of aircraft to use the airspace above the land without restrictions on noise, dust, or fumes, other than those imposed under federal and state laws governing air and water quality; (3) the authority of the Department of Transportation and Public Facilities to (A) prohibit the construction of obstructions and permanent structures on the land; (B) clear the land and keep the land clear, including removal of trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, rocks, buildings, structures, and other obstructions; (C) prohibit or remove an activity, installation, or object on the land that (i) creates electrical interference with radio communication or navigational instruments of aircraft or the Homer Airport; (ii) may enhance bird habitat on or in the vicinity of the Homer Airport; (iii) hinders the ability of pilots to distinguish between airport lights and other lights; (iv) results in glare in the eyes of pilots using the Homer Airport; (v) impairs visibility in the vicinity of the Homer Airport; or (vi) endangers the landing, departure, or maneuvering of aircraft at the Homer Airport; (D) prohibit development on the land for any purpose, other than public access across the land; (E) require (i) approval of the Department of Transportation and Public Facilities for the design and construction of access across the land; (ii) relocation of access across the land as necessary to satisfy applicable standards of airport design, safety, and security; (F) install navigational aids on the land; and (G) enter upon the land for the purpose of enforcing or implementing this subsection. (c) Notwithstanding AS 16.20.500 — 16.20.530, the land in Township 6 South, Range 13 West, Sections 15 and 22 described in (a) of this section is subject to the following: (1) the right of unobstructed passage by aircraft over the land; (2) the right of aircraft to use the airspace above the land without restrictions on noise, dust, or fumes, other than those imposed under federal and state laws governing air and water quality; (3) the authority of the Department of Transportation and Public Facilities to (A) prohibit the construction of obstructions and permanent structures extending above the imaginary surface of the Homer Airport as determined under regulations of the Federal Aviation Administration; (B) clear the land and keep the land clear of obstructions extending above the imaginary surface of the Homer Airport as determined under regulations of the Federal Aviation Administration, including removal of trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, rocks, buildings, structures, and other obstructions; (C) prohibit or remove an activity, installation, or object that (i) creates electrical interference with radio communication or navigational instruments of aircraft or the Homer Airport; (ii) may enhance bird habitat on or in the vicinity of the Homer Airport; (iii) hinders the ability of pilots to distinguish between airport lights and other lights; (iv) results in glare in the eyes of pilots using the Homer Airport; (v) impairs visibility in the vicinity of the Homer Airport; or (vi) endangers the landing, departure, or maneuvering of aircraft at the Homer Airport; (D) enter upon the land for the purpose of enforcing or implementing this subsection. (d) The Department of Fish and Game shall cooperate with the Department of Transportation and Public Facilities in implementing (b) and (c) of this section. (e) Neither the Department of Fish and Game nor another person may create, develop, or enhance bird habitat within the Homer Airport Critical Habitat Area. (f) The state land described in (a) of this section may not be transferred to municipal or private ownership or to another state agency unless covenants or easements in the land, containing provisions substantially similar to (b) and (c) of this section, are reserved to the Department of Transportation and Public Facilities for the benefit of the Homer Airport. (g) The Department of Fish and Game shall establish and appoint an advisory committee to work with the department and advise on the management of the Homer Airport Critical Habitat Area. If the department develops a management plan for the critical habitat area, the department shall consult with the advisory committee, and the plan must allow guaranteed access to and continued public fishing, hunting, and trapping activities and opportunities in the area. Among appointments to the advisory committee, the department shall include (1) industry and commercial users and hunters, trappers, fishermen, and recreational users recommended by the City of Homer; (2) an official representing the City of Homer; and (3) a representative of the Department of Transportation and Public Facilities. Sec. 16.20.690. Additional critical habitat areas. The commissioner shall submit a list of additional critical habitat areas to the legislature annually.