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Southwest Prince of Wales Island Area Plan for State Lands 1985
Southwest Prince of Wales Island Area Plan for state lands STATE OF ALASKA e DEPARTMENT OF NATURAL RESOURCES : \q@, Alaska Department of Div. of Land & Water Management & NATURAL Resource Allocation Section. a RESOURCES AKT STATE OF ALASKA / sore DEPARTMENT OF NATURAL RESOURCES feenie ANCHORAGE, AK 99510 OFFICE OF THE COMMISSIONER PHONE: (907) 276-2653 RECEIVED BY ALASKA ? ALTHORITS 86 «JUN =2 ANl ‘57 The Commissioner of the Department of Natural Resources finds that the Southwest Prince of Wales Island Area Plan meets the requirements of AS 38.04.065 and 11 AAC 55.010-.030 for Area Land Use Plans and does hereby adopt it as policy of the Department of Natural Resources for state lands within the planning area. A cae el (2, (98) —~ Sther Wunnicke, Commissioner e DEPARTMENT OF NATURAL RESOURCES 10-J56LH SOUTHWEST PRINCE OF WALES ISLAND AREA PLAN FOR STATE LANDS STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES June 1985 Division of Land & Water Management Resource Allocation Section 400 Willoughby Center Juneau, Alaska 99801 (907) 465-3400 Planning Team DEPARTMENT OF NATURAL RESOURCES Division of Land & Water Management Resource Allocation Section Randy Cowart (Section Chief) Tom Lawson, Dee Koester Frank Rue, Cindy Johnson Craig Olson, Hal Cleek Southeast District Office Bob Merry, Mohan Nayudu, Ron Schonenbach Division of Forestry Paul Maki, Bill Hanson Division of Parks Linda Kruger Division of Mining Pedro Denton, Jerry Gallagher Division of Geological & Geophysical Survey Red White, Wyatt Gilbert DEPARTMENT OF FISH & GAME Marilyn Sigman, Janet Hall U.S. FOREST SERVICE Ken Vaughan, John Raynor, Jim Rhodes U.S. FISH & WILDLIFE SERVICE Andrew Grossman Table of Contents Chapter 4. Plan Implementation and Modification Page 1 _ Introduction Administrative Actions State Land Classification State Land Disposals Mineral Closings Coastal Management Areas Meriting Special Attention ACMP Consistency Review Process Review Procedures Consolidation and Joint use of RTF’s Instream Flow Studies Dana RWWND Plan Modification Modifications Requiring Approval by the appropriate DNR Division Changes Requiring Plan Amendment Plan Monitoring Major Plan Review Page wwors Appendix 1 Alaska Coastal Management Program Regulations Page Al-1 Appendix 2 Forest Practice Regulations Page A2-1 Appendix 3 Beach Log Salvage—ACMP General Concurrence Page A3-1 Appendix 4 Parts 320-323, Title 33, Code of Federal Regulations Page A4-1 List of Maps & Figures Page l- 3 Page 1- 7 Page 3- 7 Wow on a Pw ww ww Ww Go ® Location Map of Study Area Planning Process Index Map of Management Units Management Unit Maps: 1. Big Salt Lake 2. Klawock Lake 3. Craig 4. San Alberto Bay . Gulf of Esquibel Maurelle Islands Wilderness . Cape Addington - north Cape Addington - south Steamboat St. Nicholas 10. Portillo Channel 11. Trocadero Bay 12. Ulloa Channel 13. Bucareli Bay 14. Meares Passage 15. Soda Bay 16. Breezy Bay 17. Hydaburg 18. Hetta Inlet 19. Nutkwa Inlet 20. Blanket Inlet 21. South Sukkwan 22. View Cove 23. West Dall - north 23. West Dall - south 24. Forrester Island 25. Rose Inlet 26. Shoe Inlet 27. Long Island 28. Kassa Inlet 29. S. Prince of Wales - north 29. S. Prince of Wales - south 30. Dixon Entrance 31. Kaigani Strait DONIIAH Active Advisory Group Members DEPARTMENT OF ENVIRONMENTAL CONSERVATION Bill Leitch, Rich McConaghy DEPT. OF COMMUNITY & REGIONAL AFFAIRS lra Winograd OFFICE OF MANAGEMENT & BUDGET Division of Governmental Coordination Jan Mills DEPT. OF COMMERCE & ECONOMIC DEVELOPMENT Bill Paulick, Jim Deagan TLINGIT/ HAIDA CENTRAL COUNCIL Ron Wolfe ALASKA MINERS ASSOCIATION E. O. Bracken ALASKA LUMBER & PULP Steve Silver SEALASKA CORPORATION Rick Harris, Vince Matt, Randy Wanamaker Acknowledgements The staff of the Southwest Prince of Wales Island Area Plan would like to express our appreciation for assistance throughout the various phases of preparation of this plan. Special thanks go to Amy Garrett and Charlotte Sponsel for their unfailing support in preparation of the manuscript and to Diane Martin for her patience and dedication in preparation of the graphics and coordination of the printing requirements. Table of Contents Chapter 1. Page 1 SAKDUNN — 1 Chapter 2. Page 1 3 8 14 17. 31 41 44 48 Chapter 3. Page 1 Page 9 13 25 29 35 39 45 57 61 65 67 71 77 83 89 93 Introduction Organization of Document The Planning Area Purposes of the Plan Decisions made through the Plan The Planning Process Implementation Management Structure Definitions Areawide Land Management Policies Introduction Fish and Wildlife Forestry Recreation Settlement Subsurface Resources and Materials Shoreline Development Miscellaneous Guidelines * Management Guidelines Matrix Land Management Policies for Each Management Unit Introduction Management Unit: 1. Big Salt Lake Page 99 2. Klawock Lake 105 3. Craig 115 4. San Alberto Bay 123 5. Gulf of Esquibel 129 6. Maurelle Is. Wilderness 133 7. Cape Addington 139 8. Steamboat 143 9. St. Nicholas 147 10. Portillo Channel 151 11. Trocadero Bay 155 12. Ulloa Channel 159 13. Bucareli Bay 163 14. Meares Passage 15. Soda Bay 169 16. Breezy Bay 173 17. Hydaburg 18. Hetta Inlet 19. Nutkwa Inlet 20. Blanket Island 21. South Sukkwan 22. View Cove 23. West Dall 24. Forrester Island 25. Rose Inlet 26. Shoe Inlet 27. Long Island 28. Kassa Inlet 29. South Prince of Wales 30. Dixon Entrance 31. Kaigani Strait CHAPTER 1 Introduction Chapter 1 Introduction This document is the land use plan for 990,000 acres of state tide and submerged lands, and 3,400 acres of state uplands in the southwest Prince of Wales Island area. It establishes the Department of Natural Resources' land use policies for state tidelands, submerged lands and uplands in the planning area. All decisions regarding land disposals, classifications, tide and submerged land leases, easements and permits, beach log salvage licenses, offshore prospecting permits and all other actions on state lands will comply with the provisions of this plan. The plan may be changed by amendment. The plan is organized into four chapters. Chapter 1 provides a brief description of the planning area, the reasons why a plan is necessary, the types of decisions made by the plan, and defini- tions of terms used in the plan. It also provides an overview of the planning process. Chapter 2 contains the areawide policies for fish and wildlife habitat, forestry, recreation, settlement, subsurface resources, shoreline development, transportation and utilities, instream flow and public access. Chapter 3 is a detailed description of the land uses in each of the plan's 31 management units. For each management unit there is a statement of management intent, management guidelines, and a listing of primary, secondary and prohibited land uses. Desig- nated land uses are shown on unit maps. Important facts about the unit or attributes of the land are compiled in a "notes" section for each unit. Chapter 4, the final chapter, explains how the plan will be implemented and the procedure for changing the plan. The planning area encompasses state tide, submerged, and uplands on Prince of Wales, Forrester, Dall, Baker, Noyes, and other islands off southwest Prince of Wales Island. (See location map.) ORGANIZATION OF DOCUMENT THE PLANNING AREA INTRODUCTION 1-1 PURPOSES OF THE PLAN DECISIONS MADE THROUGH THE PLAN 1-2 INTRODUCTION Major upland landowners in the planning area are the U.S. Forest Service, Sealaska Corporation, Haida Corporation, Klukwan Incor- porated, Shaan-Seet Incorporated, and Klawock-Heenya Corpora- tion. The cities of Hydaburg, Craig and Klawock are located in the planning area. The purpose of this plan is twofold: O to prepare and implement a comprehensive land use plan for state uplands, tidelands, and submerged lands in the southwest Prince of Wales Island area which will guide decisions of DNR managers and users of these lands; and Oto better coordinate and expedite the decision-making process associated with the use of state tidelands, submerged lands and uplands. DNR land managers who face important decisions concerning the use of state lands need a clear, consistent and comprehensive statement of policy to guide their day-to-day management decisions and Alaska Coastal Management Program consistency and other reviews. This plan has comprehensively addressed state land use issues, and established management guidelines and management intent statements in accordance with 11 AAC 55.030 (c) (5); however, because there are multiple author- ities for uses of tide and submerged lands, DNR cannot act unilaterally to approve a proposed action on these lands. A use can occur on tide and submerged land when all affected agencies and coastal management districts have given the proposed use the required permit, certification, consistency determination, lease, and/or easement. The principal categories of resource management policies established through the Southwest Prince of Wales Island Area Plan are outlined below. Statements of Management Intent for each Management Unit Thirty-one management units have been delineated in the planning area. For each, the plan presents a statement of management intent that explains the department's overall resource management objectives for the unit and provides background information for land managers to use in implementing the plan. Land Use Designations Major land uses and resources for which the area will be managed are described by land use designations. For each management Location Map Southwest Prince of Wales Island Area ik Forrester : Is. SCALE IN MILES > oO 10 20 unit, the plan designates primary, secondary and prohibited uses. (See definition of primary, secondary and other uses in this chapter.) Management Guidelines According to the State Constitution, state lands are intended to be managed for multiple use. When potentially conflicting uses are designated in a management unit, the plan establishes manage- ment guidelines that will allow various uses to occur without unacceptable consequences. Classifications All state lands in the planning area will be classified consis- tent with the land use designations of the plan. Land use desig- nations made in the plan are thereby officially established in state land status records. Classifications are shown on these state status plats which are available for public use at various offices of the Department of Natural Resources. The classifica- tion shown on a status plat indicates the primary use(s) desig- nated by this plan. The status plat refers the reader to the plan for detailed information, including management intent and management guidelines. The Southwest Prince of Wales Island Area Plan was developed over a three year period, beginning with issue identification in 1982 and ending with the adoption of this final plan by the Commissioner of the Department of Natural Resources in June 1985. Public participation occurred throughout the planning process, the major steps of which are outlined below. Identifying the Issues The first step in development of the plan was to identify issues of concern to be addressed by the plan. This was done through a series of public workshops held in the fall of 1982. The plan was then designed to address all the important issues by focusing on the following major resources and land uses: O Fish and Wildlife O Forestry O Mining O Recreation O Settlement THE PLANNING PROCESS INTRODUCTION 1-5 IMPLEMENTATION 1-6 INTRODUCTION Designating Management Units The size and the uneven distribution of resources and land uses in the planning area required that it be divided into management units before data were gathered. Thirty-one management units were established by delineating areas generally homogeneous with respect to resources, topography, land ownership, and intensity of management concerns. Preparing Resource Elements Data were gathered and analyzed for forestry, minerals, fish and wildlife, settlement, and recreation. The potential for each resource was established and used to develop plan alternatives and policies. Each resource had its maximum potential repre- sented in one of three alternatives. Element maps which rate the value of each resource are available for inspection at the Department of Natural Resources, Southeast Regional Office in Juneau. Detailed maps of fish and wildlife habitat, prepared as part of the fish and wildlife element, are also available for inspection at the Regional Office. Developing Alternatives In November of 1983, three management alternatives were distri- buted for review. Alternatives are different management approaches to the major issues in the planning area. The plan- ning team developed three alternatives to provide a realistic range of management solutions to land use conflicts. Alterna- tives were intended to serve as the building blocks for deve- loping a draft plan. The planning team then responded to public and agency comment on the alternatives and prepared a draft plan. No alternative was selected in its entirety, but rather, parts from each were com- bined to create the draft. The draft plan was circulated to agencies, special interest groups, and the general public in the fall of 1984. The planning team and steering committee then res- ponded to comments received and advised the Department of Natural Resources on the content of the final plan. Adopting the Final Plan The Department of Natural Resources worked to achieve consensus on the final plan during the winter of 1984/85 and made final decisions on the few issues where consensus among the planning team and the steering committee members could not be reached. Fortunately, there were comparatively few issues where consensus could not be achieved. The Planning Process Issues are identified Data is collected and analyzed (Resource Elements) Preferred alternative selected Draft Plan prepared Public review of Draft Plan Land use alternatives are developed Draft Plan is revised ee Public review of land use alternatives Final plan is adopted INTRODUCTION 1-7 MANAGEMENT STRUCTURE 1-8 INTRODUCTION Involving the Public throughout the Process Although the Commissioner of the Department of Natural Resources formally adopts a state area plan, this action is taken only after significant participation in the planning process by local governments, state and federal agencies, adjacent land owners, organizations, and the general public. The public participation program has been an important element of the planning process. Three sets of workshops were held in the communities of Craig, Klawock, Hydaburg and Ketchikan. Public workshops were held in the fall of 1982 to identify issues. The next fall, public workshops were held to discuss alternative management proposals. A final set of public work- shops was held in the fall of 1984 to review the draft plan. In addition to these public workshops, the department distributed an analysis of alternative plans and the draft plan for public review and received written comments from many individuals and organizations. The information gathered and the ideas expressed at these workshops and in written comments were instrumental in identifying important issues, gathering data on resource values, evaluating land management alternatives, and shaping the final plan. In order to ensure appropriate participation by all interests, a management structure was established to assist the department in preparing the plan. The level of involvement by different participants varied depending on their specific regulatory or resource management responsibilities, jurisdictional limits of the communities, patterns of land ownership, existing and pro- posed uses, and other factors. The Steering Committee, Advisory Group and Planning Team are the three entities that made up the management structure. This three-tiered approach allowed maximum participation of interested parties at the appropriate level. The Department of Natural Resources, Division of Land and Water Management, Resource Allocation Section was responsible for co- ordination of the Steering Committee, Advisory Group, and Plan- ning Team, and served as planning staff. Steering Committee The Steering Committee was responsible for overseeing the plan- ning process, reviewing major products of the Planning Team, and making recommendations on proposed land use designations and management guidelines for final adoption by the Commissioner of the Department of Natural Resources. The Steering Committee consisted of the following persons: Department of Natural Resources (Chair) Tom Hawkins Department of Fish & Game John Clark, Bruce Baker Department of Environmental Conservation Deena Henkins U.S. Army Corps of Engineers Marje Schlangenstein Sealaska Corporation Robert Loescher S.E. Alaska Village (Corporations) Presidents Association Percy Frisby U.S. Forest Service Michael Barton U.S. Fish & Wildlife Service Robert Shultz Environmental Protection Agency Bill Lawrence National Marine Fisheries Service Duane Peterson City of Klawock Robert George, Mayor City of Craig Dennis Watson City of Hydaburg Bruce Cook, Sr. & Gerald Helgeson, Mayors Advisory Group Members of the Advisory Group included mid-level staff of the agencies, communities, and native corporations represented on the Steering Committee; other appropriate state agencies as well as other major land owners, and interest groups. The primary func- tion of the Advisory Group was to review all products prepared by the Planning Team prior to submission to the Steering Committee. The Advisory Group was invited to all Planning Team meetings and participated in the meetings as they deemed appropriate. The Planning Team consulted with Advisory Group members in their area of interest and expertise. Planning Team The Planning Team was purposely limited to manageable size and included agencies with specific land use and resource informa- tion. The Planning Team consisted of representatives from the Department of Natural Resources, Department of Fish and Game, U.S. Forest Service, and U.S. Fish & Wildlife Service. The main responsibility of the Planning Team was to perform the technical planning tasks associated with the development of the plan. INTRODUCTION 1-9 DEFINITIONS 1-10 DEFINITIONS The following terms are used throughout this report and are defined as follows. Clean Fill: Fill that is free of organics, human refuse, and toxic pollutants. Consultation: The process followed by the Department of Natural Resources under existing statutes, regulation and procedures to inform another agency, group or individual of the need to take some action, or of specific intentions for what action will be taken, and to seek their advice, suggestions or assistance in deciding what to do. Consultation is not intended to be binding on a decision. It is intended to be a means of informing, and getting the benefit of the expertise of, affected organizations or individuals on forthcoming decisions. The purpose is to help ensure that all relevant aspects are considered and that the decision best serves the public interest. Crucial Fish and Wildlife Area: Crucial habitat and harvest areas are either 1) limited areas that serve as a concentrated use area for fish and wildlife species during a sensitive life history stage where alteration of the habitat and/or human dis- turbance could result in a permanent loss of a population or species' sustained yield, or 2) localized traditional harvest areas of limited size where alteration of habitat could perman- ently limit sustained yield to traditional users. The areas include: salmon intertidal spawning areas, estuarine rearing/schooling areas; herring spawning areas; trout over- wintering areas; limited rearing areas for crab; clam concentra- tion areas; very high or high density shorebird and waterfowl use areas in coastal wetlands and estuarine tidelands; seabird breeding habitat within each colony area and a two mile radius around major breeding colonies (more that 100,000 birds); an area of 330' radius around bald eagle nest trees; one mile radius around sea lion haulout areas; coastal wetlands and estuarine tideflats within spring high intensity black bear use areas and concentration areas on fish streams; and specific mollusc, crustacean and seaweed harvest areas within the Areas Meriting Special Attention as designated by the Hydaburg Coastal Zone Management Program. Maps depicting crucial fish and wildlife habitat are on file and available for inspection at the ADF&G, Habitat Division, Southeast Regional Office in Juneau, or the DNR, Division of Land & Water Management, Southeast Regional Office in Juneau, Developed Recreational Facility: Any structure or facility intended to serve either public or private recreational needs, except for public use mooring buoys. Dispersed Recreation: Recreational pursuits that are not site specific in nature; for example, beachcombing, recreational boating, etc. Enhancement Sites: Sites selected through the process and criteria of the Regional Comprehensive Salmon Plans as suitable for rehabilating or enhancing the capability of the habitat to Produce salmon. Feasible: The term "feasible" as defined in the forest practices regulations (11 AAC 95.010-.900): capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, technical, and safety fac- tors. 11 AAC 95.900(16). Feasible and Prudent: The phrase "will, to the extent feasible and prudent™ is taken from the Standards of the Alaska Coastal Management Program and is used when the resource manager or per- mitting agency's decision must be consistent with sound engineering practice and not cause environmental, social, or economic problems that outweigh the public benefit to be derived from compliance with the guideline modified by the term "feasible and prudent." (6 AAC 80.900(20)). A written decision by the land manager will be necessary justi- fying a variation from a guideline modified by the terms "feasible" or “feasible and prudent". (See Chapter 4 - Plan Modification Section.) Fish and Wildlife: Any species of aquatic fish, invertebrates and amphibians, in any stage of their life cycle and all species of birds and mammals, including feral domestic animals, found or that may be introduced in Alaska, except domestic birds and mam- mals. NOTE: The term “area(s)" in association with the term “fish and wildlife" refers to both harvest and habitat areas. The term “value(s)" in association with the term "fish and wild- life" refers to the relative importance of a harvest area or habitat area and its vulnerability to development impacts. Floathomes: Floathomes are floathouses, house boats, barges, and boats, powered or not, that are moored or anchored at a certain site for a period of 14 days or more. A floathouse is any struc- ture, floating or non-floating, that is designed, intended, or fitted out as a place of habitation and is not principally used for transportation. Floathouse does not include floating camps needed as resource development support facilities, or commercial or public floating recreation facilities. Forestry: Any activity or structure for timber harvesting or for transfer of logs from uplands to tidelands, including, but not limited to felling, yarding and hauling of logs, roads, log transfer facilities, A-frame logging, upland and marine log storage areas, and camps and other support facilities associated with timber resource development. Goal: A general statement of intent, usually not quantifiable nor having a specified date of completion. Goals identify desired long-range conditions. DEFINITIONS 1-11 1-12 DEFINITIONS Guideline: A course of action to be followed by DNR resource Managers or required of land uses when the manager permits, leases, or otherwise authorizes the use of state land or resources. Guidelines range in their level of specificity from giving general guidance on how a decision should be made or what factors are to be considered, to detailed standards that will be followed when making on-the-ground decisions. Important Fish and Wildlife Area: Important habitats and harvest areas are those having one or more of the following characteris- tics: (1) sustains productive fish and wildlife populations, (2) supports moderate or seasonally high concentrations of fish and wildlife populations, (3) supports widespread (vs. localized) or dispersed populations of species which are sedentary or substrate-dependent. Intertidal harvest areas which can be con- sidered important are those which occur or depend upon the inter- tidal or adjacent submerged land substrate for actual resource harvest or for the harvest activity. All offshore harvest areas can be considered important with respect to potential major acti- vities which could interfere with the use of the offshore waters or bottom-dwelling resources. Important habitat and harvest areas include: salmon nearshore migration corridors, and offshore troll and subsistence salmon fisheries; herring overwintering areas; estuaries where crab populations occur and offshore crab harvest areas; waters/estuaries where shrimp populations occur and offshore shrimp harvest areas; waterfowl and seabirds concen- tration areas; intertidal/subtidal clam harvest areas (except those noted as crucial); offshore bottom fish/halibut harvest areas; trapping areas along beaches; and estuaries. Maps depic- ting important fish and wildlife habitat are on file and available for inspection at the ADF&G Habitat Division Southeast Regional office in Juneau or the DNR, Division of Land & Water Management, Southeast Regional Office in Juneau. Land Use Designations: Allocations that set out primary and secondary land uses. Land use designations will be converted into the appropriate land use classification (11 AAC 55.040-.230). Leasehold Location: A mining claim that is subject to conver- sion to a lease under the provisions of AS 38.05.205. Log Transfer Facility (LTF): Any facility or mechanism necessary to transfer timber from uplands to marine waters. Log Transfer Site (LTS): A site for all facilities necessary for transfer of timber from uplands to marine waters, including as- sociated components such as log rafting and sorting areas, floating camps, access ramps, etc. Mining: Any structure or activity for commercial exploration and recovery of minerals, including, but not limited to resource transfer facilites, tailings disposal areas, camps and other sup- port facilities associated with mineral development. The use of the term "mining" does not include offshore prospecting. Mining Claim: A property right to locatable minerals established by discovery, location, and filing under AS 38.05.280. Other Uses: Uses not designated or prohibited. These uses will be allowed in the management unit if the use does not conflict with the management intent, designated uses, or the management guidelines. If the “other use" is determined to be in conflict with the management intent or designated uses, and cannot be made compatible by following the management guidelines, it may be allowed only through a plan amendment. Offshore Prospecting and Mining: The prospecting for and mining of deposits of minerals in or on tide and submerged state lands. These activities are subject to the provisions of AS 38.05.250 (see also offshore prospecting permit). Offshore Prospecting Permit (OPP): A permit issued by the Department of Natural Resources which gives the permittee the exclusive right to explore for, and if commercial quantities are discovered, develop locatable minerals in the state's tide and submerged lands. Permanent Use: A use that is more than one year in duration requiring a state lease, easement, or right-of-way and may include a structure that is not readily removable. Primary Use: A primary use is one that is of major importance in a given area. Lands will be managed to encourage its use, con- servation and/or development. Where an area has two or more primary uses that could conflict, the guidelines of the plan, existing regulations or procedures will direct how these poten- tially conflicting primary uses are to be managed. Prime Fish and Wildlife Area: Prime habitat and harvest areas are either 1) productive components of intertidal or marine eco- systems where alteration of the habitat and/or human disturbance would reduce yield of fish and wildlife populations either in- directly or cumulatively, or 2) areas of intense harvest when the level of harvest has or is projected to reach the maximum for the resource. Prime Fish and Wildlife areas include: Crab rearing areas (not designated crucial due to limited nature); a one mile radius around seabird breeding colonies; very high density open- water waterfowl use areas; high density harbor seal use areas; sea otter range areas; high intensity salmon purse seine harvest areas; abalone harvest areas; lagoons, kelp beds, eelgrass beds, and extensive shallow, estuarine habitat (excluding areas crucial to salmon). Maps depicting prime fish and wildlife habitat are on file and available for inspection at the ADF&G@ Habitat Division Southeast Regional Office in Juneau, or the ONR, Division of Land & Water Management, Southeast Regional Office in Juneau. DEFINITIONS 1-13 1-14 DEFINITIONS Prohibited Use: A use which conflicts with the management in- tent, designated uses or management guidelines of the plan, and therefore is not allowed without an amendment to the plan. Range (General Distribution) Fish and Wildlife Areas: Range habitat and harvest areas are those necessary to support the existing distribution, abundance and productivity of fish and wildlife populations in the planning area. The delineation of range areas was based on a review of physical characteristics that could be observed on nautical charts and the known habitat requirements of the species known to be present. Areas mapped as range were considered to provide lower value habitat, lower pro- ductivity, and lower human use, based on considerations of (1) width of intertidal zone, (2) slope of intertidal zone, (3) ex- posure and (4) extent of adjacent shallow waters and aquatic vegetation. Maps depicting fish and wildlife range habitat are on file and available for inspection at the ADF&G Habitat Division Southeast Regional Office in Juneau, or the DNR, Division of Land & Water Management, Southeast Regional Office in Juneau. Recreation: The term “recreation” refers to any activity or structure for recreational purposes, including but not limited to hiking, camping, boating, anchorages, access points to hunting and fishing areas, and sightseeing. Recreation does not refer to subsistence or sport hunting and fishing. Resource Development Support Facilities: A general term that includes forestry, mining or other facilities such as transfer facilities, storage facilities, and floating and upland camps, but excludes floating A-frame logging. Resource Management Land: Land designated resource management is and that may have a number of resources but the lack of adequate resource, economic, or other relevant information combined with the unlikelihood of resource development within the next ten years makes a specific resource designation decision unnecessary. Resource Transfer Facilit RTF): Any facility or mechanism necessary to transfer timber, mineral or other resources from up- lands to marine waters, including all necessary components such as log rafting and sorting areas, floating camps, etc. Resource Transfer Site (RTS): A site for all facilities neces- sary for transferring timber, mineral or other resources from up- lands to water, including associated components such as log rafting and sorting areas, floating camps, access ramps, etc. Secondary Use: A secondary use is also considered important, but 7s given less management emphasis than a primary use because: a) it is of lesser importance; or b) its occurrence is site speci- fic. In those site specific situations where the secondary use has higher value than the primary use, it may take precedence over the primary use. As a general rule, management of a secon- dary use will recognize and protect primary uses through the plan guidelines and applicable regulations or procedures. Settlement: The term settlement means the use of state tidelands for floathomes. It also means the sale of state uplands to allow private recreational, residential, commercial or industrial use. Shoreline Development: Any water dependent or water related structure or facility that is permanent and/or used for private, public, commercial or industrial purposes. "Shoreline Develop- ment" excludes log or resource transfer facilities, log storage, A-frame logging, mine tailings disposal areas, or camps and other resource development support facilities associated with forestry or mineral development. Should: The word "should" is used when the plan provides intent but allows the resource manager to use existing procedures to determine the best methods of achieving the same intent without having to justify the decision in writing. (See Chapter 4 - Plan Modi fication Section.) State Lands: All lands, including uplands, tide and submerged lands, belonging to or acquired by the State of Alaska. Submerged Lands: Those lands covered by tidal waters between the Tine of mean low water and seaward to a distance of three geo- graphic miles or as may hereafter be properly claimed by the State. _ Temporary Use: A use that is one year or less in duration requiring a state tidelands permit. Any structure associated with the use must be readily removable. Tidelands: Those lands which are periodically covered by tidal waters between mean high water and mean low water. Vegetated Tideland: Tidelands supporting vegetation dominated by grasses, sedges, kelp and eelgrass beds. Wetlands: Includes both freshwater and saltwater wetlands; "freshwater wetlands" means those environments characterized by rooted vegetation which is partially submerged either contin- uously or periodically by surface freshwater with less than .5 parts per thousand salt content and not exceeding three meters in depth; "saltwater wetlands" means those coastal areas along sheltered shorelines characterized by halophytic hydrophytes and macroalgae extending from extreme low tide to an area above extreme high tide which is influenced by sea spray or tidally induced water table changes. (6 AAC 80.900(19)). Will: The word "will" is used when guidance in the plan is definitive on the issue. Not following the plan in these cases will require approval of the Commissioner. (See Chapter 4 - Plan Modification Section.) DEFINITIONS 1-15 CHAPTER 2 Areawide Land Management Policies Chapter 2 . Areawide Land Management Policies This chapter contains areawide land management policies and a summary of land use designations for each major resource or land use category affected by the plan: forestry, fish and wildlife, settlement, subsurface resources, shoreline development and rec- reation. In addition to policies for each major land use cat- egory, the chapter also contains policies for geophysical hazard areas; air, land, and water quality; transportation and util- ities; instream flow; public access; energy facilities; and fish and seafood processing. Policies for the above categories generally consist of goals and management guidelines which together lay out a path from the gen- eral conditions the plan is trying to achieve (goals) to specific directives that can be applied on the ground by land managers as development occurs (guidelines). The plan references the Alaska Coastal Management Program (ACMP) Standards in this chapter since the standards give a general legal context for many of the other more specific guidelines of the plan. All activities within the planning area must be con- sistent with the Alaska Coastal Management Proyram standards. The ACMP standards (6 AAC 80), including the Forest Resources and Practices Regulations (11 AAC 95) and the dredge and fill regula- tions (Title 33, Code of Federal Regulations, Parts 320-323), are contained in Appendix 1. This chapter also compiles policies that, until now, were scat- tered throughout various agency operating manuals, policy hand- books, statements of decision-making criteria, or similar inter- nal documents. Compiling these policies in the plan makes them visible, and makes it clear before significant amounts of time and money are committed what will be required by the Department of Natural Resources of anyone planning to use state lands. Summary of Management Intent The plan balances many disparate and competing interests. It represents the Department's effort to reach a fair accommodation of all interests. The balance struck by the plan can be summed INTRODUCTION POLICIES 2-1 2-2 POLICIES up as ensuring multiple use and reasonable access for resource development, while protecting other important resources, uses and values. 1. 2. More specifically, this plan ensures the following: Where upland resource development is planned there will be reasonable access across state tidelands. If a proposed use is designated as a primary or secondary use in a given area, existing information indicates that, if consistent with the provisions of the plan, the use will be permitted somewhere within the area designated. Exactly where and how a designated use will occur within a specific area will be resolved through the review procedure outlined in Chapter 4, using the management intent statement for the unit, guidelines of the plan and information gathered as part of the site-specific review of the proposed project. With some exceptions, the most significant fish and wild- life habitat and harvest areas and recreation areas are protected from incompatible uses. Definitions Definitions of terms used in this chapter are contained in the general definitions section in Chapter l. Management Guidelines Matrix A matrix is included at the end of this chapter to show which guidelines are most likely to apply to a particular management action, The matrix is not intended to be all encompassing, but should help the land manager determine which guidelines apply to a particular action. 1. GOALS A. D. Maintain Publicly Owned Habitat Base. Maintain in state ownership sufficient suitable lands and waters to provide for the habitat needs of fish and wildlife resources necessary to maintain or enhance public use and economic benefits. Ensure Access to Public Lands and Waters. Ensure access to public lands and waters to promote or enhance the res- ponsible public use and enjoyment of fish and wildlife resources. Mitigate Habitat Loss. When resource development pro- jects occur, avoid or minimize reduction in the quality and quantity of fish and wildlife habitat. Contribute to Economic Diversity. Contribute to Alaska's enonomy by protecting the fish and wildlife resources which contribute directly and indirectly to local, regional and state economies through commercial, subsis- tence, sport and non-consumptive uses. Il. MANAGEMENT GUIDELINES A. B. c. ACC 80.130 Habitats. AAC 80.20(a) Subsistence. Mitigation. Through interagency consultation, mitigative guidelines will be applied to ensure the protection and maintenance of fish and wildlife or related public uses. All land use activities will be conducted with the ap- propriate planning and implementation to avoid or mini- mize foreseeable or potential adverse effects on fish and wildlife populations or their habitats. Mitigation should include the following: 1. Attempt to avoid the loss of natural fish and wild- life habitat. 2. Where habitat loss cannot be avoided, minimize loss and the need for habitat restoration or maintenance efforts. Procedures for this include the following: a. Include fish and wildlife habitat and use consid- erations in the early phases of development pro- FISH & WILDLIFE GOALS MANAGEMENT GUIDELINES FISH & WILDLIFE 2-3 2-4 FISH & WILDLIFE ject planning and design to minimize the spatial and temporal extent of impacts. b. Develop siting and design criteria which will minimize wildlife-caused damage to life and pro- perty where conflicts between people and animals may arise. c. Request information on best management practices from the Department of Fish and Game and other appropriate agencies. 3. When loss of habitat production potential cannot be minimized, restore and rehabilitate the habitat that was lost or disturbed to its pre-disturbance condi- tion where doing so is feasible and prudent. 4. When loss of existing habitat production potential is substantial and irreversible and the above objectives cannot be achieved, compensation or enhancement of other habitats will be considered. In general, com- pensation with similar habitats in the same locality is preferable to compensation with other types of habitat or habitats elsewhere. Siting Uses In The Least Biologically Productive Areas. To the extent feasible and prudent, all habitat altering uses will be sited in the least biologically productive areas. ADF&G will be consulted during the review process. Non-Designated Uses In Crucial Fish and Wildlife Areas. Non-designated uses that require a lease, permit, or easement, and that will result in habitat alteration through dredging; filling; significant compaction of veg- etation and sediment; alteration of flow patterns; or degradation of water quality are incompatible with the primary uses and values in areas rated as crucial for fish and wildlife (Hla). Non-designated uses that cause the impacts described above are initially assumed to be non-conforming uses under section 6 AAC 80.13U(d) of the ACMP Habitat Standards. A non-designated use that causes the impacts described above may be allowed in an Hla area when ADF&G determines the area is not crucial as defined in the plan, or the use receives a final consistency determination under the ACMP. This guideline does not apply to offshore pros- pecting or mining. Habitat Manipulation. Habitat manipulation through con- trolled burning, water control, timber management prac- tices, or other measures may be used to improve habitat H. for certain fish and wildlife species where feasible and compatible with other designated primary uses. Water Intake Structures. When issuing appropriations for waters providing fish habitat, DNR will require that practical water intake structures be installed that do not entrain or impinge on fish. The simplest and most cost-effective technology may be used to implement this guideline. Water intake structures will be screened, and intake velocities will be limited to prevent entrapment, en- trainment, or injury to fish. The structures supporting intakes should be designed to prevent fish from being led into the intake. Other effective techniques may also be used to achieve the intent of this guideline. Screen size, water velocity, and intake design will be deter- mined in consultation with ADF&G. Threatened and Endangered Species. Identify as endan- gered species habitat those lands and waters necessary for protection, restoration, and propagation of fish and wildlife species that are now or may be threatened with extinction. All land use activites should be conducted to avoid jeopardizing the continued existence of threat- ened or endangered species of fish and wildlife or their continued use of an area, and to avoid modification or destruction of their habitat. Specific mitigation recom- mendations should be obtained through interagency coordi- nation for any land use activity potentially affecting threatened or endangered species. Activities potentially affecting peregrine falcons and bald and golden eagles will be consistent, respectively, with the federal and state endangered species acts and the Bald Eagle Protec- tion Act of 1940 as amended. When threatened or endangered species have been identi- fied in the vicinity of a major federal action (projects that are federally constructed, permitted, licensed, granted, or necessitating other forms of federal authori- zation or approval), Section 7(c) of the Federal Endan- gered Species Act requires that a biological assessment be prepared. In general, a biological assessment should include the following: 1. An onsite inspection of the area affected by the pro- posed project. 2. Interviews with recognized experts on the species at issue. 3. A literature review to determine the species distri- bution, habitat needs, and other biological require- ments. FISH & WILDLIFE 2-5 LAND USE DESIGNATION SUMMARY 2-6 FISH & WILDLIFE K. 4. An analysis of possible impacts to the species, in- cluding cumulative effects. 5. An analysis of measures to avoid or minimize impacts. The Endangered Species Office of the U.S. Fish and Wildlife Service should be consulted on questions involving endangered species. Alteration of the Riverine Hydrologic System. To the extent feasible, channelization, diversion, or damming that will alter the natural hydrological conditions and have a significant adverse impact on important riverine habitat will be avoided. Soil Erosion. Soil erosion will be minimized by restric- ting the removal of vegetation adjacent to streams and by stablizing disturbed soil as soon as possible. Other Guidelines Affecting Fish and Wildlife Habitat. Relevant guidelines in other sections of this plan per- tain to management activities that will affect fish and wildlife resources. See in particular the following sec- tions of this chapter. Forestry Recreation Settlement Subsurface Resources and Materials Shoreline Development Miscellaneous LAND USE DESIGNATION SUMMARY - FISH AND WILDLIFE Fish and wildlife habitat and harvest values in the planning area were analyzed and rated as either crucial, prime, impor- tant or range. The following discussion of land use desig- nations is organized by these catagories. A. Crucial Areas. Crucial fish and wildlife habitats are the most valuable and or sensitive habitats or harvest areas in the region. Generally, the designation of a conflicting use in a crucial habitat and harvest area occurs only when no alternative site exists for the use, or the benefits are high enough to offset any anticipated loss of fish and wildlife values. High fish and wildlife habitat or harvest values may make it difficult to get approval for facilities or potentially disturbing activities in crucial habitat areas if the proposed use is not a designated primary or secondary use. Cc. Prime Areas. Prime fish and wildlife areas are the next most valuable or sensitive habitat or harvest areas in the region. Management guidelines, management intent statements, and the review procedure outlined in Chapter 4 will be used to resolve conflicts between prime fish and wildlife values and designated uses. Where a non-designated use is proposed in an area rated as prime fish and wildlife habitat or harvest, that use may occur if it can be made consistent with the management intent statement for the unit, the designated uses, the managment guidelines and is approved through the review procedure outlined in Chapter 4. Important Areas. Portions of the region are rated as having important fish and wildlife habitat or harvest values. Mitigating measures will be applied to conflic- ting designated or non-designated uses where fish and wildlife is rated as important. Range Areas. There are a few areas where fish and wild- life values are rated as range. Designated uses will be allowed, and non-designated uses may be allowed consis- tent with the management intent for the unit and the man- agement guidelines of the plan. FISH & WILDLIFE 2-7 FORESTRY GOALS MANAGEMENT GUIDELINES 2-8 FORESTRY GOALS A. Economic Opportunities. Provide for economic opportunities and stability in the forest products industry by allowing the use of state tide and submerged lands for log storage and transfer sites, A-frame logging, and log salvage. Maximum Use of Log Transfer Sites (LTS's). Promote maximum use of LTS's over their useable life. Encourage joint use of sites and promote harvest sched- uling that will minimize the overall number of sites needed. Coordination Between Upland Owners and Tideland Managers. Coordinate with upland managers and tideland regulatory agencies to provide for the economically efficient and environmentally sound transfer of logs. Use of Beachlogs. Promote removal of beachlogs from state tidelands to provide economic opportunities while eliminating logs as navigational hazards and transportation barriers. Access for Timber Harvest. Provide for harvest of timber resources, including beach logs, by allowing access to public lands. MANAGEMENT GUIDELINES A. Cc. 11 AAC 95.150. Log Transfer and Storage Facilities. Locating Log Transfer Sites (LTS's) in Weather Protected Waters. LTS's should be located in weather protected waters with at least 20 acres for temporary log storage and log booming. Locating LTS's Adjacent to Flat Uplands. LTS's should be located adjacent to at least five acres of relatively flat uplands suitable for safe and efficient log storage, sorting and transfer. J. Locating Resource Transfer Sites (RTS's) to Allow Safe Access from the Uplands. To provide safe acess, RTS'sS will, to the extent feasible and prudent, be located where access roads to the site can maintain a grade of less than 12%. Locating LTS's Adjacent to a Waterbody that Allows Adequate Space. LTS's should be located adjacent to up- rande having a suitable configuration and a body of water sufficient to provide a 100 lineal foot site face. Locating LTS's Near_a Clean Rock Source. LTS's should be located near a source of clean rock. Locating RTS's to Avoid Conflicts with Other Important Uses. RTS's should be located to minimize interference with important established personal, commercial or rec- reational uses, including anchorages. Joint Use and Consolidation of RTS's. The number of RTS'S in any given bay or bay complex will be kept to a minimum, Joint use and consolidation of sites will be encouraged where it is feasible and prudent. Locating RTS's to Accommodate Future Use. Resource transfer sites should be located and designed to accom- modate future development and avoid unnecessary reloca- tion of sites. The feasibility of using or modifying available existing sites in an area should be evaluated before a new site is authorized. Locating LTS's in Areas with Currents Adequate to Disperse Debris. LTS's will, to the extent feasible and prudent, be located along straits and channels or deep bays where currents may be strong enough to disperse sunken or floating wood debris. Locating LTS's in bays with sills or other natural restrictions to tidal exchange should be avoided. Siting Log Transfer Facilities (LTF's) and Storage Areas Adjacent to Tidelands with Steep Slopes. Sites for water storage and/or transfer of logs should be located adja- cent to tidelands having slopes of 4U% or greater. Siting Resource Transfer Facilities (RTF's) and Log Storage Areas to Avoid Productive or Sensitive Habitats. o the extent feasible and prudent, RTS's and log storage areas will not be located on or adjacent to extensive tideflats; salt marshes; kelp or eelgrass beds; seaweed harvest areas; shellfish concentration areas; or other areas which meet the definition of crucial fish and wild- life areas. Minimum distances between sites and crucial areas will be determined using the project review proce- dures outlined in Chapter 4. FORESTRY 2-9 2-10 FORESTRY N. Siting Log Storage Areas in Protected Waters. Log rafting and booming areas will be sited in protected waters where they can be held in place. Siting Log Storage Areas for Safe Access By Tugs. Log rafting and booming areas will, to the extent feasible and prudent, be safely accessible to tug boats with log rafts at most tides and on most winter days. Siting Log Storage Areas to Avoid Grounding. Logs or log rafts will not be stored in areas where they will settle on or abrade the substrate during low tides, except in those areas where ADF&G indicates grounding will not cause damage to intertidal organisms or habitat. Water with a minimum depth of 13 meters (40 feet) at mean lower low water is recommended. Design of Solid Fill Structures to Allow Fish Passage. Solid fill structures will, to the extent feasible and prudent, be designed to allow nearshore migration of juvenile fish. ADF&G and ADEC should be consulted during the design phase of solid fill structures. Designing and Constructing Solid Fill Stuctures with Clean Fill. Solid fill structures will be constructed with clean fill. vesnan and Operation of LTF's to Avoid Bark Loss and Tideland Compaction. Where log entry into the water is allowed, a transfer method will be used that minimizes the accumulation of bark and compaction of the substrate by logs. Designing and Operating RTF's to Maintain Water Quality. Construction activities or facility operations that cause or are likely to cause sedimentation or debris sloughing into state wetlands, estuaries or other marine water will employ mitigating measures designed to meet state water quality standards. Operating RTF's to Avoid Impacts to Fish and Wildlife Habitat and Harvest. The operation of RTF's should mini- mize interference with important established personal, commercial or recreational uses, including anchorages. Siting Floating Camps and Related Facilities to Minimize Resource Conflicts. Through consultation with the appro- priate regulatory agencies and the upland owner, camps and associated facilities will be sited to minimize resource use conflicts and to retain public access along the beach and to public uplands. Z. Bl Temporary Floating Camps. Floating camps and related facilities should be temporary in nature, with full occu- pancy restricted to the time period when resource devel- opment is occurring. Camps and associated facilities should be consolidated. Equipment on Tidelands. Equipment crossing of tidelands requiring a permit will occur only at locations autho- rized by appropriate regulatory agencies and may be sub- ject to timing restrictions to minimize or avoid impacts to habitat. Safe Access Lanes in Bays and Straits. In bays or straits where proposed resource transfer facility opera- tions may reduce access by commercial and recreational vessels to areas of established use, the maintenance of a safe access lane will be required. Beach 08 Salvage. Beach log salvage will be adminis- tered under the provisions of the ACMP consistency review procedures. The existing general concurrence determina- tion for beach log salvage is contained in Appendix 2. If, in the future, beach log salvage is no longer covered under the provisions of an ACMP general concurrence determination, this plan will be amended to include guidelines for the management of beach log salvage. Felling Trees Onto Vegetated Tideflats. Trees to be felled adjacent to the tidelands should be directionally felled away from vegetated tideflats. Deposition of logging debris should be avoided in these areas. A-Frame pens in Crucial or Prime Fish and Wildlife reas. in a sma islands where forestry is desig- nated a secondary use, the compatibility of siting A-frames will be determined using agency review. Cumula- tive impacts of A-frame logging on prime or crucial fish and wildlife areas will be considered. (See also Intro- duction, Chapter 3.) Personal Use Wood Harvest. When there are state uplands or tidelands near communities and where personal-use har- vest is consistent with other purposes for which the land’ is being managed, some land should be managed to help provide personal use wood products. (For guidelines on providing personal-use harvest areas near land disposal projects, see Settlement guidelines, this chapter.) Other Guidelines That Affect Forestry. Other relevant guidelines wi affect management practices for timber development support facilities. For details of these guidelines, see in particular the following sections of this chapter: FORESTRY 2-11 LAND USE DESIGNATION SUMMARY 2-12 FORESTRY Fish and Wildlife Recreation Miscellaneous Guidelines LAND USE DESIGNATION SUMMARY--FORESTRY A. Short-term Log Transfer Sites. Use of the tidelands for floating A-frames and/or rubber tire skidders as methods of short term log transfer have been proposed in the Planning area. In most cases, the actual number of sites that may be required, the method of transfer, and the specific location of A-frame breakout points has not been determined. However, many general areas which may require A-frame logging have been identified by the Forest Service and the Native Corporations and designated for forestry. In these areas specific A-frame breakout points will be allowed. The specific breakout points will be identified by following the management guidelines in the plan and the review procedures outlined in Chapter 4. The log storage sites associated with A-frame logging and proposed in these areas will be reviewed on case-by- case basis. In areas where it is not a designated use, A-frame logging will be allowed if it is consistent with the man- agement intent statement for the management unit, the designated uses and the management guidelines, and if it is approved through the review procedure outlined in Chapter 4. If proposed A-frame breakout points are not approved through the review procedure then they may only be allowed through a plan amendment (see Fish and Wild- life Guideline E, this chapter, and refer to Chapter 4 for the plan amendment process). Permanent Log Transfer Sites. With the exception of North Noyes Island (unit 8), the plan designates at least one reasonable option for all presently proposed per- manent LTS's needed to access Forest Service or Native Corporation timber. In many cases more than one option is given a designation of forestry for a permanent LTS. Where there is no forestry designation for LTS's they may still be allowed unless there is a specific prohibition. The plan does encourage keeping the number of sites developed to the minimum necessary and, where reasonable, using the same sites for the transfer of other resources. The plan also encourages joint use and con- solidation of LTS's by the Forest Service and private land owners. It should be noted that in many instances the identifica- tion of potential transfer sites was done without the Cc. D. benefit of reconnaissance and feasibility evaluation. Therefore it is possible that not all transfer sites have been identified and that some flexibility will be required in siting previously unidentified transfer sites. Log Storage Sites. Numerous sites will be needed for log storage throughout the planning area. However, some of these areas have not been identified. Therefore, siting of proposed log storage sites in areas with designated primary uses other than forestry and in forestry areas designated for A-frame transfer will be consistent with the management guidelines in this chapter, the management intent and guidelines for each unit described in Chapter 3, and the review procedure outlined in Chapter 4. If Proposed sites are not approved through the above proce- dure, siting will be allowed only through a plan amend- ment. Facilities Needed to Support Timber Harvest. In areas where forestry is designated as either a primary or sec- ondary use, existing resource information indicates that support facilities meeting the provisions of the plan will be permitted somewhere within the area designated. Exactly where and how these uses will occur within the designated area will be resolved through the review pro- cedure outlined in Chapter 4 using the mangement intent statement for the unit, guidelines of the plan, and in- formation gathered as part of the site-specific review of the proposed project. Support facilities may also be allowed in areas not designated for forestry if the facilites can be sited, designed and operated consis- tently with the guidelines and management intent for the particular area. FORESTRY 2-13 RECREATION GOALS 1. GOALS A. Opportunities for Recreation. Provide accessible opportunies for shoreline and marine oriented recreation and enjoyment of tideland natural areas. B. Shoreline Heritage Resources. Protect shoreline heritage resources. C. Tourism. Encourage and provide opportunities for tourism. D. Trespass. Cooperate with adjacent land owners to develop procedures for dealing with trespass problems created by tideland uses. MANAGEMENT Il. MANAGEMENT GUIDELINES GUIDELINES A. 6 AAC 80.060. Recreation. B. Historic and Archaeologic Resources. 1. In the event any site, structure, or object of his- toric or archaeologic significance is discovered during the conduct of any operations on state land, the lessee or permittee will immediately report such findings to the Department of Natural Resources, Division of Land and Water Management, Southeast Regional Manager, and will make every reasonable effort to preserve and protect such site, structure, or object from damage until the Manager, after con- sultation with the State Historic Preservation Officer, has given directions for its preservation. 2. Permanent structures that could destroy or signif- icantly degrade a site listed on the Alaska Heritage Resource Survey maintained by the State Historic Preservation Officer will, to the extent feasible and prudent, be sited and/or designed to avoid negative impacts on the site. 2-14 RECREATION C. Private Recreational Facilities on Public Land. Lodges, tent camps, or other private facilities designed to be run as private, profit-making recreation facilities will be permitted or leased where a management plan, land planning report or AS 38.05.035(e) finding shows the following: 1. Significant public recreational opportunities wil] not be lost or blocked by the facility. 2. The amount of use generated by the facility will not exceed the best available calculation of the recreation carrying capacity of the area. This calculation will be based on the management intent and management guidelines of this or subsequent plans for the area. 3. The facility will be sited, designed, constructed and operated in a manner that creates the least conflict with natural values and traditional uses of the area. 4. The facility will be sited and designed in accordance with public access, fish and wildlife, and other guidelines of this plan. Final approval of a permit or lease for the facility will be given only after consultation with ADF&G, the Division of Parks and Outdoor Recreation, and the adjacent upland owner. D. Other Guidelines that Affect Recreation. A number of other guidelines may affect recreation management practices. For details of these guidelines, see the following sections of this chapter: Fish and Wildlife Forestry Settlement Subsurface Resources and Materials Shoreline Development Miscellaneous Guidelines LAND USE DESIGNATION SUMMARY--RECREATION The most significant recreation areas were designated for recreation as a primary use. These areas tend to be near communities, in more remote bays that receive intensive recreation use, or adjacent to congressionally designated wilderness areas. Anchorages and access to trails, public cabins and recreation facilities are specific recreation uses that are designated LAND USE DESIGNATION SUMMARY RECREATION 2-15 2-16 RECREATION as primary uses. The plan directs managers to ensure that the use of important anchorages and public access across tidelands to trails, public cabins, or recreation facilities is not precluded if the tidelands are leased or another use is permitted. Where there is identified but less intense recreation use, recreation is designated as a secondary use. In other parts of the planning area, recreation use of the tidelands is dispersed and does not warrant a designation; however, recreation use of these other areas will not be unnecessarily precluded by other uses. The designation of state lands for recreation purposes does not in any way allow or authorize public use of private lands except for designated public easements or access. GOALS A. Provide for a Variety of Uses. Provide for a variety of settlement uses on state tide- lands through leases or land use permits. Maintain Compatibility with Cultural and Aesthetic Values. When possible, maintain compatibility with the cultural lifestyle and aesthetic values of upland residents and users and avoid undesired impacts on those values. Avoid Duplication of Public Services. Discourage uses requiring unnecessary extension and dup- lication of public services. Trespass. Cooperate with adjacent land owners to develop procedures for dealing with trespass problems created by the use of state tidelands. Private Land Use. Make suitable public land available to present and future Alaskans for the following private settlement purposes: 1, Year-round residences or community expansion. For this category of use, DNR will offer land that has road access and is suitable to meet the needs of growing communities. This category serves people whose principal place of residence -- and usually work -- is in the area of the disposal. Where the state does have land suitable for this pur- pose, disposal will be a high priority unless there are overriding public values. To address this impor- tant category of settlement the state will concent- rate its efforts on assisting municipalities with their disposal programs under the provisions of AS 38.04.021. 2. Recreational use or seasonal residences. For this use, which is the most common use of land disposed of by the state, DNR will offer high quality sites with characteristics such as proximity to water, views, good hunting, or interesting topography. The state will be selective in land offered for this use. SETTLEMENT GOALS SETTLEMENT 2-17 2-18 SETTLEMENT Although the state will offer a variety of lands for sale commensurate with demand, expenditures of time and money will be directed toward identifying high amenity disposals. 3. Year-round, relatively self-sufficient remote resi- dences. For this use, DNR will attempt to provide opportunities for a small number of people who wish to pursue a remote, more or less self-sufficient lifestyle. Generally, the state will not offer tracts large enough for families to subsist on, but rather offer smaller parcels adjacent to public land that can be used for the gathering of firewood and houselogs and for hunting and fishing. This category, although important, will not be a high priority in the disposal program because it requires low-density settlement and thereby satisfies few people, and it is less in demand than the preceding three categories. 4. Industrial or commercial development. In order to stimulate or facilitate economic development, DNR will attempt to sell, lease or protect for future use suitable land for private, commercial and industrial use. Requirements for these uses are highly site specific, and disposal decisions will be made on a case-by-case basis as demands arise. Resource and Economic Impacts. Contribute positively to other uses of natural resources and minimize undesired impacts from land disposals. Pricing. Receive fair market value for public land sold for private use. However, in the case of homesteads and homesites, allow land to be earned by personal investment of time and effort. Fiscal Impacts. Minimize future fiscal costs to local or state government for services, wildfire management, and infrastructure requirements resulting from settlement of state lands. Community and Social Impacts. Minimize undesired changes jn the character of life among nearby communities or residents as a result of land disposal projects. Coordination with Local Governments. Coordinate state land offering programs with similar programs of local governments to best achieve common objectives. MANAGEMENT GUIDELINES FOR FLOATHOMES A. J. Siting Floathomes in Fish and Wildlife Habitat and Harvest Areas. The placement of floathomes should avoid: areas with concentrations of shellfish, waterfowl, shore- birds, marine mammals, extensive tideflats, salt marshes and kelp or eelgrass beds; conflicts with eagle trees; developed recreation sites; heavily used harvest areas and dispersed recreation sites; and known historic and archaeological sites. Siting Floathomes to Avoid Creating Navigation Hazards. The placement of floathomes should avoid blocking or otherwise adversely impacting waterway channels used by waterborne traffic. Siting, Construction and Maintenance of Floathomes to Avoid Visual Impacts. Floathomes should be sited, con- structed and maintained to avoid negative visual impacts. Siting Floathomes to Ensure Adequate Upland Access. ere the need for upland access to the oathome 1s anticipated, the floathome should be sited where there is legal upland access to the site. Siting Floathomes Near _a Source of Water. When roof catchment is not the source of fresh water, floathomes should be sited near a legal source of fresh water. Floathomes Inside Municipalities. Within the corporate boundaries of municipalities, DNR will work with the local government and floathome owner(s) to locate areas suitable for floathome use and to establish management guidelines, if necessary. Floathomes sited within municipalities should be placed where necessary on-shore services and facilities can be efficiently extended. Consultation With Upland Owner Before Permitting Float- homes . Floathomes will be permitted in an area only after DNR consults with the adjacent upland owner(s). Siting Floathomes Near a Source of Firewood. When wood is to be the source of heat for the floathome, the float- home should be sited near a public source of firewood. Siting and Operating Floathomes to Avoid Noise and Air Pollution. Floathomes should be sited and operated to avoid creating or increasing noise and air pollution. Siting Floathomes to Avoid Grounding. Floathomes will not be sited where they will settle on or abrade the sub- strate during low tides, except in those areas where ADF&G indicates grounding will not cause damage to inter- tidal organisms or habitat. MANAGEMENT GUIDELINES FOR FLOATHOMES SETTLEMENT 2-19 MANAGEMENT Ill. MANAGEMENT GUIDELINES FOR UPLAND DISPOSALS GUIDELINES FOR UPLAND A. DISPOSALS E. 2-20 SETTLEMENT Land Use Needs. Regional demand assessments for settle- ment lands will include estimates of land necessary for projected conversion to residential, commercial, indus- trial, public facility and recreational uses, based on projected population levels. The disposal program will give a high priority to ensuring the availability of an adequate supply of land to meet these needs, including an amount necessary for market choice. The state also will make available land for investment beyond what is necessary for actual use. However, pro- viding land for specific needs will be a higher priority. Price and Terms. The state will make land available to be earned by personal investment of time and effort in homesteads and homesites. This will continue to result in acquisition of those lands at less than fair market value. Aside from this, fair market value should be received for public land sold to private parties. This does not preclude offering generous payment terms. Competition with the Private Market. The state will not seek to minimize competition with private land markets by changing or reducing its land offerings. The state, how- ever, will not undercut the market with artificially low prices. Protection and Management of Natural Resources. In its upland settlement program, the state will protect the economic potential of public lands with high value for minerals, public recreation, tourism, and the production of fish and wildlife resources, includiny lands especial- ly important to the livelihood of local residents. Ex- ceptions to this guideline may be made where land is needed for community expansion or other important purpose and no other suitable land is available. Most lands of high potential or value for mining, fish and wildlife habitat or public recreation, or lands where Mumerous active mining claims exist, will not be offered for sale for residential or recreational pur- poses. However, much of the settlement land offered by the Department also is valuable for public recreation or habitat, and some lands of high value for public recrea- tion or habitat will continue to be offered. Protection of Life and Property. The state will, by retention of public lands, discourage development in G. areas of flooding, unstable ground, significant avalanche risk, and other hazards. The state will coordinate with local governments to achieve this. Public lands within the surveyed 100-year floodplain should remain in public ownership except where a regula- tory floodway and flood fringe have been identified through detailed hydrologic studies. When such studies have been done, public lands within the flood fringe may be offered for sale. Land offerings within the flood fringe should be for low density development -- for example, private recreation cabins -- rather than dense residential subdivisions. DNR will provide available information about flood zones in land disposal brochures when a disposal is in a potential flood hazard area. In drainages where the 100-year floodplain has not been surveyed, the best available information will be used to determine the flood hazard zone which should remain in public ownership. In areas where no alternative land is available for development, the Director of the Division of Land and Water Management may make exceptions to these floodplain guidelines. Protection and Management of Valuable Environmental Processes. Ihe state will provide a publicly-owned open space system to preserve important fish and wildlife habitats and natural areas such as estuaries, shorelands, freshwater wetlands, riparian lands, watersheds, and surface and ground water recharge areas. Wetlands with important hydrologic, habitat or recrea- tional values and adjacent buffer strips will be retained for open space consistent with guidelines Y, Z, and Al. Systems of publicly owned land will be designed to provide the necessary linkage and continuity to protect or increase values for human uses and wildlife move- ments. Some places it may be necessary to retain large areas to provide adequate terrestrial habitat. Protection and Enhancement of Scenic Features. The state generally will retain in public ownership unique natural features such as cliffs, bluffs and waterfalls, as well as foreground open space for panoramic vistas. Public access to such amenities also will be preserved. Unusual landforms or scenic features will be retained in state ownership for enjoyment and use by the public. Such lands include islands in lakes or rivers unless land disposals can be designed to prevent negative effects on the scenic and recreational values of the area. SETTLEMENT 2-21 2-22 SETTLEMENT H. Protection and Enhancement of Recreational, Educational and Cultural Opportunities. The state will retain areas or outdoor recreation, trails, campsites, boat launches, historic sites, areas for scientific study, etc. Areas for both intensive and dispersed use will be preserved. Providing Public Land for Communities. The state will, where appropriate, reserve greenbelts, public-use cor- ridors, personal-use wood lots, buffer areas, commons , building setbacks, and other open spaces to help create a desirable land use pattern in developing areas. Reservation of Land for Future Urban Development. Public lands will be retained as a transitional tool to help shape community development by precluding premature private development on sites intended for schools, gravel pits, roads, parks, sewer treatment plants, etc. Cost of Public Service. In accordance with AS 38.04.010, the Department will attempt to guide year-round settle- ment to areas where services exist or can be provided with reasonable efficiency. State land that is located beyond the range of existing schools and other necessary public services, or that is located where development of sources of employment is improbable, may be made avail- able for seasonal recreation purposes or for low density settlement with sufficient separation between residences so that public services will not be necessary or ex- pected. DNR will set a high priority on seeking funding to imple- ment the provisions of AS 38.04.021 to assist municipali- ties in their disposal programs with the aim of making land available in and around established communities. DNR will seek the assistance of and cooperate with the Department of Transportation and Public Facilities (DOT/PF) in evaluating the impacts of proposed disposals on the costs of extending, improving and maintaining transportation facilities. Provision of Access. DNR will comply with the capital improvement provisions of local government subdivision ordinances. Where no subdivision ordinance is in effect, DNR will ensure the existence of actual physical access (by road, air or water) to each new state subdivision. Local Plans. DNR will comply with provisions of local comprehensive plans regarding the pace, location and density of land development, except to the extent that local requirements are inconsistent with a major over- riding state interest. N. Q. Personal Use of Nearby Resources. One of the considera- tions in deciding the location, size and design of land disposal projects will be the nearby supply for personal use of resources such as firewood, houselogs and fish and wildlife. Where it is anticipated that land recipients will want to use wood resources, some blocks of land nearby may be retained in public ownership to provide some firewood and/or houselogs. In general, in remote areas the Department will cluster disposal offerings. This will provide some nearby public land for gathering of firewood and houselogs and for hunting and fishing and will keep options open for other uses of these lands when access develops. Design Review Boards. A local design reiew board will be established when, in the opinion of the Director of the Division of Land and Water Management, it would be a con- structive way to involve persons affected by a disposal project. A design review board will consist of maximum of eight citizens and local government officials ap- pointed by an appropriate local government official. Where local government does not exist or is unwilling to appoint such a board, DNR will make the appointments if sufficient interest exists. The design review board will participate in and review all stages of design, including location, design of parcel size, transportation routes, open space, etc. The board will make recommendations to the Director of the Division of Land and Water Management at appropriate points in the design process. Cumulative Effects. Chances for inadvertent and undesired cumulative effects of land offerings and dis- posals will be minimized by a planning process that examines the impacts of various regionwide comprehensive land use alternatives. DNR's statewide and area planning Program attempts to do this and will be used to establish regional land offering and disposal policies for state lands (see Guideline T. below) Subdivision Design. Subdivisions will be designed to Preserve and enhance the quality of the natural setting and the recreational opportunites that make an area at- tractive to potential buyers. Subdivisions will be designed to accommodate projected needs for industrial, commercial, transportation, and public facilities such as solid waste disposal sites. Sites for these facilities will not be located on public streamside tracts. The following slope/lot size standards should generally be applied in state subdivisions (on-site waste disposal assumed): SETTLEMENT 2-23 2-24 SETTLEMENT Percent Average Slope Minimum Lot Size 0-12 1 acre 13-20 4 acres 21-30 10 acres >30 No development Other procedures and standards for subdivision design will be as set forth in "Design of Residential and Recreational Subdivisions," in the Division of Land and Water Management's Policy and Procedures Manual. Owner Staking. In areas where severe land use conflicts and inefficient use of resources are expected to result from owner staking, DNR will offer homestead parcels with prestaked or predesignated boundaries. Staking Outside Designated Areas. It is the responsibi- lity of entrants to establish the location of their parcels accurately. Title will not be granted for parcels located outside the boundaries of designated settlement areas. Entrants who incorrectly locate parcels outside designated areas may be given a second opportunity to stake within the proper area. Statewide Land Disposal Plan. In partial fulfillment of the provisions of AS 38.04.020, the Department will pre- pare annually a statewide land offering and disposal plan. This plan will incorporate existing area and man- agement plans and describe the Department's intentions for land offerings in each region of the state. These will be based on the Department's settlement and land management policies and on information on land suitabi- lity and competing land use values, supply, demand and need for disposal, effects of disposal on other resources and resource uses, transportation systems, available funds and other factors of regional or statewide concern. Coordination with Local Governments. State land offering programs should be coordinated with similar programs of local government to best achieve common objectives. To this end, DNR proposes the annual development of a joint disposal plan with each municipality (for both state and municipal lands). This plan would be based on consider- ation of the municipality's road extension priorities and its plans for levels of services in different areas -- in short, on local fiscal planning. If a municipality has a comprehensive land use plan, that plan will provide direction for disposal priorities. The disposal plan should demonstrate what community objectives are beiny met, and how the requested capital improvement funds would support municipality-wide priorities for roads and service extensions to benefit current and future residents, The disposal plan shoulddemonstrate how increased access and development would promote use of other resources such as agriculture, mining, forestry and recreation, and thus provide state as well as regional benefits. Joint municipal/state disposal plans as described here would constitute sections of the statewide disposal plan discussed above. Easements. Easements will be used as one means to ac- quire or retain rights through privately owned lands needed for public use. Easements generally will not be used as a means of retaining a public interest in lands within a sub- division, Exceptions to this policy may be made where the interest protected is very limited such as for local pedestrian access that is not part of an integrated neighborhood or community trail system. This policy will minimize confusion between public use rights and private ownership rights. Access Easements. Residential structures, outbuildings, fences or other structures that obstruct passage will not be allowed within the fifty foot access easement retained above mean high water along the tidelands or ordinary high water along fresh water lakes. Priority of Public Uses in Stream Corridors. As a general rule, ADNR will set a higher priority on protec- ting public use values than on providing opportunities for private ownership of land in stream corridors. How- ever, the Department recognizes the strong demand for property along streams and will provide land for private purchase in some stream corridors. Prior to the disposal of stream corridor lands, ONR, in consultation with other affected agencies and the public, will assess existing and projected public use needs associated with the stream corridor. Disposals near streams with important recrea- tion value will be designed to protect access to and along the stream for fishing, hiking, camping and other recreational activities. Retention of State Owned Buffers as a Management Tool adjacent to Tidelands and in Stream Corridors. 1. When the management intent for state land adjacent to tidelands or a stream is to permit uses such as fishing, picnicking, hunting, building fires, camping or other similar active uses, public ownership of SETTLEMENT 2-25 2-26 SETTLEMENT zZ. tideland or stream buffers or tracts should be used rather than easements to provide for these uses. In state subdivisions, these tideland and stream buffers should, in all cases, either be retained in public ownership or dedicated to the public or the local government. If streams in subdivisions have recreation or habitat values of regional or statewide importance, are identified as public waters, or designated anadromous fish waters, buffers will be retained in state ownership and managed to protect public values. Publicly-owned buffers or tracts adjacent to tide- lands or a stream may be retained along the full length of the stream or tideland or on the segments determined to have high current or future public use and habitat values. In all cases however, publicly- owned buffers will be retained along the full length of designated anadromous fish waters. Retention of Access Easements as a Management Tool Adjacent to Tidelands and in Stream Corridors. 1. When the primary management intent is to protect the public's right to travel along a stream bank rather than to establish a public use area, an easement should be used to protect this right. The public rights reserved in an easement shall be explicitly defined and normally will include only the right of ingress/egress, inclusive of the right to pause briefly to observe wildlife, take photographs or rest. Un a case by case basis the state may reserve other rights (e.g., the right to fish or to picnic) as necessary to protect the public interest. (The public use rights protected by previously established easements are not affected by this policy.) Easements along tidelands and streams should estab- lish the right to travel by foot. On a case-by-case basis the right to travel by all-terrain vehicles and wheeled vehicles may be reserved, where doing so is in the public interest. Easements and publicly owned buffers may be used in combination adjacent to tidelands or on a stream to provide opportunities for private ownership near the tidelands or stream while protecting public use or habitat values on other portions of the tidelands or stream. Therefore, although easements will not be used adjacent to anadromous streams in this area and should not be used where significant public use is to be encouraged, they may be used adjacent to portions of the tidelands or a stream with important public recreation and habitat values when most land adjacent to the tidelands or the stream is retained for public use. Al, Establishing Widths of State-Owned Buffers, Easements and Building Setbacks Adjacent to Tidelands and in Stream Corridors. 1. Widths of publicly-owned buffers or tracts adjacent to tidelands and along streams will vary according to Management intent. In addition, the buffer width or tract size for any given segment of tidelands or stream may vary along the tidelands or stream course depending on topography, vegetation and land owner- ship. Establishing buffer widths or tract size for particular tidelands or streams will be based, at a minimum, on objectives for the following: recrea- tional activities to be accommodated, habitat protec- tion and management, visual quality, water quality, prevention of erosion (in which case the buffer should be widened to compensate), and land disposal. 2. Although buffer and easement widths and tract size may vary among tidelands and streams, a basic level of consistency is needed to avoid confusion about the widths of public use and access areas along the state's many tidelands and streams. The following guidelines are intended to establish a reasonable degree of consistency in buffer and easement widths and tract size. a. When it is determined that a state-owned buffer or tract is appropriate, a standard minimum buffer width of 200 feet landward from the mean high tide or ordinary high water mark on each bank generally should be established. This width may be reduced to a minimum of 100 feet in individual cases when consistent with the management objectives of the tideland or stream corridor. b. When it is detemined that a public access ease- ment will be reserved on land adjacent to tide- lands or a stream, a minimum easement of 50 feet landward from the mean high tide or ordinary high water mark on each bank will be reserved. Bl Neighborhood and Community Trails. Local trails which are not of regional or statewide significance will be identified and protected through management plans or disposal design under guidelines recommended in the Department's subdivision design manual. The following criteria should be used to detemine whether a local trail should be protected by easement or public ownership: SETTLEMENT 2-27 2-28 SETTLEMENT 1. If the trail is of regional or statewide importance or connects to a public open space system, it will be kept in public ownership. 2. If the trail is to be used almost entirely by residents of a sudivision, but it provides more than just pedestrian access, it should be dedicated to the public or local government. 3. If the objective is to provide local pedestrian access that is not part of an integrated neighborhood or community trail system, an easement may be used. This would typically occur when the purpose is to establish access between two lots in order to improve pedestrian circulation within a subdivision where a greenbelt and neighborhood trail system do not provide adequate access or where it is impractical to establish such an integrated trail system. 4. In cases of land disposal projects other than sub- divisions - for example, in the case of land opened to homesteading - either a publicly-owned buffer or an easement will be used to protect desginated trails. If a trail has the characteristics described in l or 2 above, it will be retained in public owner- ship. If it has the characteristics described in 3, an easement will be reserved. Standard Trail Corridor of Regional or Statewide Signifi- cance. This category includes the majority of trails on state land that will be identified in area or management plans. These trails generally provide foot and,some- times, vehicle access for a variety of purposes. Most have a history of public use and can be expected to see increased use as the state's population increases. The following guidelines are intended to ensure consistent Management practices on such trails throughout the area while allowing some flexibility to tailor management decisions on site specific conditions. Trail Buffer Width. Trails of regional or statewide significance on state land shall be protected by publicly-owned corridors that have a minimum width of 100 feet (50 feet each side of centerline). This buffer should be designed to protect the quality of the experi- ence of the user and to minimize negative effects such as noise or dust from adjacent land uses. Buffer widths may be increased to minimize land use and ownership con- flicts, to protect the privacy of adjacent landowners, to separate motorized from non-motorized uses, to allow future siting of public facilities, to allow flexibility for rerouting, or to adapt a trail to specific public bl uses or aesthetic or environmental concerns. Buffer widths may vary along the length of a trail because of the above considerations. The width of a buffer on any portion of a trail should also be based on the management intent for adjacent public land as expressed through applicable land use plans. However, in no case should the width of the buffer be less than 100 feet. Trail buffers should be designed in consultation with the Division of Parks, ADF&G, DOT/PF and local trail committees. Activity areas of 10-40 acres may be identi- fied along trails for camping areas, rest areas, etc. Identification of Trails. Prior to lease or disposal of public lands, trails that merit consideration for protec- tion by one of the methods described in B! and C! above should be identified. Land Use in Corridors. To the extent feasible and prudent, land use activities - for example, permits, leases, and material sales - within a trail corridor will be managed so as not to adversely affect trail use or the aesthetic character of the trail. This does not preclude trail crossings or rerouting of trails as described below. Rerouting Trails. Rerouting of trails may be permitted to minimize land use conflicts or to facilitate use of a trail if alternate routes provide opportunities similar to the original. If trails are rerouted, provision should be made for construction of new trail segments if warranted by type of use.- Rerouting trails should be done in consultation with the Divsion of Parks, DOT/PF, ADF&G and local trail committees. Historic trails which follow well-established routes should not be rerouted unless necessary to maintain trail use. Trail Crossings. When it is necessary for powerlines, pipelines or roads to cross trail corridors, crossings should be at 90° angles when feasible. An exception is when a trail corridor is deliberately combined with a public utility or transportation corridor. Where feas- ible, vegetative screening should be preserved when a utility crosses a trail corridor. Other Guidelines That Affect Settlement. Other relevant guidelines wi affect settlement management practices. See in particular the following sections of this chapter: Fish and Wildlife Recreation Shoreline Development Miscellaneous Guidelines SETTLEMENT 2-29 LAND USE DESIGNATION SUMMARY 2-30 SETTLEMENT IV. LAND USE DESIGNATION SUMMARY--SETTLEMENT With the exception of the Klawock Airport, all state uplands in the area have been designated for settlement. Land sales may be proposed on these state selected or owned lands. Design of the sales will be consistent with the pertinent guidelines in this section. The plan has not designated land for floathomes. Therefore, in areas where floathomes are not a prohibited use they may be allowed by the Regional Manager of the Division of Land and Water Management if he or she determines they are consis- tent with the management intent, designated uses and guide- lines of the plan. Generally, floathomes have been prohi- bited in crucial fish and wildlife habitat and harvest areas. The siting, design and timing of upland disposals are deter- mined through the department's Land Availability Determin- ation System (LADS). This three-year process takes a project from initial conception through preliminary design and public and agency review to disposal of the land. For details on the steps in the LADS process contact the Southeast Regional Office, Division of Land and Water Management, Department of Natural Resources in Juneau. 1. GOALS A. Opportunities for Mineral Exploration and Development. Provide opportunities through state land management for exploration and development of both private and public mineral resources to help ensure a stable national miner- als supply and minerals development opportunities. Economic Opportunities. Provide economic opportunities and stability by managing the State tidelands for the economically efficient and environmentally sound: O transfer of minerals from uplands to transport vessels; O disposal of tailings; development of tide and submerged lands mining sites; siting of infrastructure to support development of mineral resources. Il. MINERAL AND MATERIAL RESOURCE DEVELOPMENT GUIDELINES A. B. Cc. 6 AAC 80.110(a) and (b). Mining and Mineral Processing. 6 AAC 80.040. Coastal Development. Mineral Exploration. Recognized exploration methods for locatable minerals will be allowed on all state lands except those specifically closed to prospecting and will be subject to the conditions of a land use permit. Open to Mineral Entry. On lands open to mineral entry, mining is allowed and will be managed in accordance with sections I and II, Article VIII of the State Constitution and state statutes. The acquisition of mineral rights and the rights to reasonable access, surface use and other activities necessary for the exploration, develop- ment and operation of a mine are supported by this plan. Reclamation of Mined Land. Land use permits and plans of operation for mineral development and gravel extraction will specify measures needed to return the land to a use- SUBSURFACE RESOURCES & MATERIALS GOALS MINERAL & MATERIALS GUIDELINES SUBSURFACE RESOURCES & MATERIALS 2-31 ful state. Determination of the specific measures to be taken and whether or not a performance bond will be required will be done in consultation with the affected agencies. Specific measures may include: storage and reuse of topsoil; disposal of overburden; regrading of tailings and revegetation; reestablishment of natural (not original) contours; reestablishment of a natural drainage system; long-term erosion control measures; and removal of equipment, improvements and other man-made items. F. Control of Visual Impacts. Guidelines will be developed as necessary through the land use permit or leasing process to minimize the adverse visual impacts of mining, especially in settled areas, recreation areas, and in areas viewed from roads. In such areas, guidelines should consider, at a minimum, the following items: control of solid wastes; removal of vegetation; siting of mining structures, tailings and overburden; roads; and rehabilitation of mining sites. G. Dredging and Filling. DNR permits that authorize dred- ging and filling, including permits for gravel extraction and the construction of roads and pads, will not be granted unless it is determined that the proposed activ- ity will not cause significant adverse impacts on fish and wildlife habitat or that no feasible and prudent alternative exists. Where it is not feasible and prudent to avoid such activities, other mitigative measures will be considered to meet the intent of this guideline. H. Mining and Gravel Extraction Adjacent to Fish Habitat. When OAR sells sand and gravel or issues a permit for mining in or adjacent to fish habitat, the land manager will require as a condition of the sale or permit any necessary measures, such as levees, berms, and/or set- tling ponds, that will allow the operation to meet water quality standards and regulations governing the protec- tion of anadromous fish. Mining or gravel extraction in fish habitat will require a permit from ADEC and may, if the area is designated anadromous fish water, require an ADF&G permit. 1. Offshore Prospecting Permits (OPP). Crucial fish and wildlife habitat and harvest areas (Hla) are areas of significant surface use of or by fish and wildlife. DNR will utilize the review procedures described in Chapter 4 to determine whether mining can be made compatible with the Alaska Coastal Management Program. These procedures will also be used to determine the appropriate mitigating measures to protect fish and wildlife resource values in the event mitigation is possible. The Alaska Department of Fish and Game has stated that it considers offshore 2-32 SUBSURFACE RESOURCES & MATERIALS prospecting and mining in Hla areas to be a _ non- conforming use under the ACMP, Review Procedures for Offshore Prospecting Permit Appli- cations. Should any statute or regulation be adopted which modifies or changes the following procedure, this section will be automatically amended to reflect those changes. Regardless of procedural changes, effective early review by ADF&G will be provided. An offshore prospecting permit decision will be subject to the following procedures: 1. DNR will notify ADF&G and other appropriate agencies of its intent to open specific areas to offshore Prospecting and provide them at least 60 days to provide recommendations on areas that should be closed to protect significant surface use by fish and wildlife resources as provided by 11 AAC 86.500(f). This period may be extended for large areas over 100,000 acres or for simultaneous review of several openings. The period may be reduced to 30 days if the opening will occur in an area for which an area plan that includes an evaluation of offshore habitats has been completed. 2. DNR will consider recommendations for closure and subsequently conduct a best interest finding review for the disposal of interest involved in issuance of offshore prospecting permits. A draft consistency determination will be circulated for agency and public review along with a preliminary best interest finding. DNR will coordinate the consistency review; however, OMB must concur in the final determination. Conflicts between the resource agencies will be resolved through the procedures described in 6 AAC 50.010-.190. 3. A prospecting permit grants exclusive property rights to explore the permit area for locatable minerals. All prospecting permittees must submit a plan of Operations for approval by DNR before undertaking any exploration in the permit area which involves distur- bance or alteration of habitat. OMB will coordinate a consistency review of the plan of operations along with permits or approvals from other state agencies or federal agencies. The review will determine the appropriate operating restrictions necessary to pro- tect fish and wildlife resource values. 4. The offshore prospecting permit grants exclusive pro- perty rights to convert the permit to a lease if minerals are found, subject to a DNR determination SUBSURFACE RESOURCES & MATERIALS 2-33 that development of the find is workable in an eco- nomically feasible manner. DNR will coordinate a consistency determination on the conversion of the prospecting permit to a lease; however, OMB must concur with the final determination. 5. All leaseholders must submit a plan of operations prior to mine development and may submit plans of operation on an annual or phased basis. OMB will coordinate a consistency review of the plan of opera- tions with the review of all other necessary state or federal permits. The review will determine appro- priate operating restrictions necessary to protect fish and wildlife resource values. K. Land Sales in Areas with High Mineral or Material Poten- tial. Generally, land sales will not occur in areas of high mineral potential; areas with claims in good standing; or areas containing sand and gravel deposits, rock sources or other similar, high value material resources. L. Application of Locatable Mineral Closures. Locatable mineral closures are the most extreme management tool that can be employed by the Department to resolve subsur- face and other resource conflicts. Therefore: 1. Before an area can be closed to locatable mineral entry and location, the Commissioner must determine that the tangible and intangible surface values to be protected are significant and that other management options are not adequate to protect the surface resources if subsurface resources are developed (see AS 38,05.185(a); 2. The area to be closed to mineral entry and location will be limited to the minimuin necessary to protect the continued productivity and availability of the surface resources being protected; 3. Land scheduled for commercial, industrial, agricul- tural, or subdivision sale will be closed to mineral entry and location at the end of the first year of the LADS process. (i.e., approximately two years prior to the anticipated offering of the land.) 4. Lands available for homesteading (including agricul- ture homesteading) will be closed to mineral entry and location at the end of the first year of the LADS process (i.e., approximately two years prior to the anticipated offering of the land). These areas will remain closed until the allowed number of homestead entries has occurred. At that time those portions of 2-34 SUBSURFACE RESOURCES & MATERIALS the project area with few or no homesteads will be reopened for mineral entry and location unless it is determined that the resulting settlement pattern creates significant irreconcilable land use con- flicts. 5. Lands proposed for exchange or trade will be closed to mineral entry and location at the time a prelimi- nary agreement to exchange the land is reached. 6. Lands reserved for transfer to another public agency for development of a public facility or reserved as a future townsite will be closed to mineral entry and location at the time the area is classified "reserved use." M. Application of the Locatable Mineral Leasing Program. Requiring that locatable mineral developments occur under a lease is a more flexible management tool than mineral closure. Therefore: 1. Mineral leasing is preferred over mineral closure as a management option to resolve conflicts between other significant resources and mining of locatable minerals. 2. Mineral leasing should be used only where the Commis- sioner determines the tangible and intangible resource values to be protected are significant and other management options cannot adequately resolve potential conflicts between those resources and mining (see AS 38,05.185(a), or where the state does not own the land in full fee estate or has previously disposed of other interests in the land. 3. The area where locatable minerals will be developed under lease will be limited to the minimum necessary to protect the continued productivity and availabi- lity of the resources being protected. 4. Concurrent with the designation of an area as being open only to locatable mineral entry under lease, DNR, after consultation with ADF&G and DEC, will identify the other resources needing protection and state the general nature of stipulations to used in leases to protect those other resources. N. Categories of Resource Values that may be in Conflict with Mineral Development and may be Considered for Closure, Locatable Mineral Leasing, Land Use Stipulations or other Management. In some circumstances the Commis- sioner may find that the following categories of resource values require either locatable mineral leasing or SUBSURFACE RESOURCES & MATERIALS 2-35 closure to protect their continued productivity and availability. In other circumstances, care during mineral development is all that may be necessary to protect these resources. It is impossible to predict the degree of conflict that could occur between mining and other resource values in all circumstances. Therefore, the following categories of resource values will be assessed to determine if locatable mineral closure, locatable mineral leasing, or another management option is needed to protect the continued productivity and availablity of the resources in conflict. The decision to apply mineral closures or locatable mineral leasing will be made by the Commissioner of DNR within the parameters set by the Alaska statutes. AS 38.05.185(a) requires that the Commissioner make a deter- mination that mining is incompatible with a significant surface use before an area can be closed to mining. The same section of the statutes requires the Commissioner to determine there is a potential use conflict before requiring development of Jlocatable minerals under a lease. 1. State Lands with Significant Commercial, Industrial, or Public Use Values. QO Lands with significant coal, oil and gas, timber or other commercial potential. QO Lands recognized as future transportation corri- dors where access for pipelines, roads, rail- roads, or other surface transportation infrastuc- ture could be blocked or impeded by mining claims, (After the alignment is established, areas will be reopened if they are surplus land.) QO Lands and waters that provide unique or unusual Opportunities for the human use and enjoyment of fish or wildlife, including fishing, hunting, trapping, photography, and viewing. O Lands and waters that provide significant recrea- tion opportunities, such as clearwater rivers that are now or are expected to be important for recreation, key public access sites, and recrea- tion facilities. QO Lands and waters that are the watershed of a com- munity water supply. QO Sand and gravel pits, stone quarries or other significant known material sites that might be lost if mining claims were staked. 2-36 SUBSURFACE RESOURCES & MATERIALS 2. State Lands with Significant Fish or Wildlife Resources. Lands and Waters that support protected species of plants, fish or wildlife (e.g., bald and golden eagles); threatened species (e.g., tundra and trumpeter swans or peregrine falcons); or endangered species (e.g., short-tailed albatross- es and eskimo curlews). Lands and waters that support production or main- tenance of fish or wildlife species which have significant economic, recreational, scientific, educational or cultural values or which have been given special protection through state or federal legislation or international treaty. State game refuges, critical habitat areas and sanctuaries. (In decision memorandum #44 signed by the Commissioner in January of 1984, the Department set the statewide policy that mining will occur under lease in legislatively-estab- lished Critical Habitat Areas and Wildlife Refuges. Individual legislatively-designated areas may also be recommended for mineral closure, but such a closure would be decided on a case-by-case basis using the criteria found in AS 38.05.185(a).) Other lands and waters not included above that are known to support unique or unusually large assemblages of fish or wildlife. O. Preferred Material Sites. When responding to a request for a material sale or identifying a source for materials, the highest priority should be given to using upland material sources. Using materials from wetlands, lakes, tidelands and the active! or inactive2 flood- plain of rivers or streams should be avoided unless no feasible and prudent upland alternative exists. Sales or permits for gravel extraction will not be permitted in fish spawning beds. (See 6 AAC 80.110 (b)) 1 Active floodplain - the portion of the floodplain that is flooded frequently; it contains flowing channels, high-water channels, and adjacent bars, usually containing little or no vegetation. 2 Inactive floodplain - the portion of the floodplain that is flooded infrequently; it may contain high-water and abandoned channels and is usually lightly to heavily vegetated. SUBSURFACE RESOURCES & MATERIALS 2-37 P. Material Extraction from Sensitive Areas. Material extraction from wetlands, Jakes, or stream corridors (including the active and inactive floodplain) should occur only after design consultation with ADF&G, DOT/PF, DPOR, DGGS and ADEC. See also guidelines A, F, G, and H, this section. If the only feasible and prudent source of gravel is an active or inactive flood plain of a stream or river, the following guidelines? will be used, in addition to the design consultation required above, to minimize negative impacts of material extraction on other resources and uses. 1. Stream types should be selected for material extrac- tion based on the following order of preference (most to least preferable): braided, split, meandering, sinuous, and straight. This order of preference reflects the availability of gravel from exposed bars: the largest volumes are available from braided systems and the least from straight systems. An additional factor is the decreasing floodplain width of the stream types identified above. Wider flood- plains allow extraction further from the river chan- nel itself, reducing environmental impacts. 2. Generally the largest river feasible should be selected for a gravel operation in a given area. Larger rivers have higher volumes of gravel and wider floodplains. The proportionally smaller disturbance in large river systems will reduce the overall effect of gravel removal. 3. Mining gravel from active channels should be avoided to reduce detrimental effects on water quality, aquatic habitat, and biota. However, if hydraulic changes can be minimized, in-channel sites will replenish more rapidly than other areas and effects on the terrestrial biota and scenic quality of the floodplain will be avoided or greatly minimized. Before gravel is extracted from the active floodplain or channel of a stream or river, DGGS should be con- sulted to ensure that the planned operation does not exceed the annual rate of gravel deposition and cause upstream erosion. It is particularly important for DGGS to establish the rate of deposition in rivers or streams when large quantities of gravel will be be 3 These guidelines are adopted from: "Gravel Removal Studies in Arctic and Subarctic Floodplains in Alaska." U.S.F.W.S., Biological Services Program, June 1980. More detailed guidelines are continued in the "Guidelines Manual" that accompanies that report. 2-38 SUBSURFACE RESOURCES & MATERIALS taken from the active floodplain or channel over long periods of time. 4. Whenever possible, vegetated habitats should be avoided. 5. When scraping yravel in active or inactive flood- plains, buffers should be maintained to contain active channels in their original locations and con- figurations. 6. When small quantities of gravel are required (appro- ximately 50,000 m3 or less), sites that have only unvegetated gravel deposits should be selected. 7. When large quantities of gravel are required (in excess of 50,000 m3), large rivers containing suffi- cient gravel in unvegetated areas, or terrace loca- tions on the inactive side of the floodplain should be selected and mined by pit excavation. 8. If pit excavation is used, a configuration with high shoreline and water depth diversity should be designed, and islands should be provided. 9. If mining in vegetated areas, all overburden and vegetative slash and debris should be saved to use during site rehabilitation to facilitate vegetative - recovery. This material should be piled or broadcast in a manner so it will not be washed downstream. Q. Maintaining Other Uses and Resources When Siting and Operating Material Sites. Before allowing the extraction of materials, the manager will ensure that the require- ments of the permit or lease give adequate protection to other important resources and uses including, but not limited to: existing water rights; water resource quan- tity and quality; navigation, fish and wildlife habitat and harvest; recreation resources and opportunities; his- toric and archaeological resources; adjacent land uses; and access to public or private lands. The disposal of materials should be consistent with the applicable man- agement intent statement and management guidelines of the plan. The manager should also determine if other existing material sites can be vacated and rehabilitated as a result of opening a new material site. R. Screening and Rehabilitation of Material Sites. Material sites should be screened from roads, residential areas, recreational areas and other areas of significant human use. Sufficient land should be allocated to the material site to allow for screening. Where appropriate, rehabil- itation of material sites will be required. SUBSURFACE RESOURCES & MATERIALS 2-39 LAND USE DESIGNATION SUMMARY S. Other Guidelines That Affect Subsurface Resources and Materials. It is important to note that guidelines in the Forestry section of this chapter which have RTF or RTS in the title apply to mineral transfer facilities and sites. Other relevant guidelines in the following sec- tions of this Chapter will also apply to the management of subsurface resources and materials. Fish and Wildlife Forestry Settlement Recreation Shoreline Development Miscellaneous Guidelines I. LAND USE DESIGNATION SUMMARY - SUBSURFACE RESOURCES AND MATERIALS Prior to June 30, 1984 state tide and submerged lands were closed to the filing of new offshore prospecting permits (OPP) applica- tions. All state tide and submerged land were to be opened to OPP applications on June 30, 1984, unless: 1) the land contains known mineral deposits which should be leased competively; 2) the department finds that mining would be incompatible with signifi- cant surface uses; or 3) there is inadequate funding to run the OPP program. The decision whether to allow offshore prospecting in a given area will not be made by this plan but will be made using the procedures described in Guideline J. Primary use designations for mineral support facilities are made on tide and submerged lands adjacent to areas of proven mineral reserves and highly favorable mineral prospects. Additional designations have made adjacent to uplands with favorable pros- pects to ensure access for exploration. Some upland areas that may have mineral potential are not adja- cent to tidelands that have mining as a designated use. The specific location, type, and magnitude of support facility(ies) that would be needed on tidelands adjacent to these upland areas is presently unknown. Siting of mineral development support facilities will be decided through application of the management guidelines in this chapter, the management intent and guidelines for each unit and the review Procedure outlined in Chapter 4. If proposed support facility sites are not approved through the above process, siting will be allowed only through a plan amendment (see Chapter 4). To ensure that any proposed development of minerals in crucial habitats is reviewed under the offshore prospecting system, these areas will be closed to the staking of new upland mining claims. 2-40 SUBSURFACE RESOURCES & MATERIALS GOALS Provide for Water Dependent and Water Related Uses. Provide for needed water dependent and water related uses. MANAGEMENT GUIDELINES A. 6 AAC 80.040. Coastal Development. Solid Breakwater, Jetty, or Causeway Design. Solid breakwaters, jetties, or causeways will, to the extent feasible and prudent, be designed to minimize impacts on fish migration and other important life stages and activities, including spawning and rearing. The design should optimize flushing to avoid concentration of pol- lutants. Pilings Preferrable to Fill. Pilings will, to the extent feasible and prudent, be used instead of fill for all shoreline development (Shoreline development is defined in Chapter 1). Pilings will to the extent feasible and prudent, be: 1) driven and not jetted. 2) treated and adequately cured before use. 3) spaced to allow for free flow of tidal currents, longshore currents and littoral drift. Siting Breakwaters, Jetties, Causeways, Harbors and Marinas. Breakwaters, jetties, causeways, harbors and marinas should be sited and designed to minimize altera- tion of natural circulation and mixing patterns of water, longshore sediment and nutrient transport, and fish and wildlife migratory movements. Harbors, marinas and launch ramps adjacent to public up- lands should be sited where upland demands, such as parking, support facilities, and increased traffic flow can be accommodated. Use of Bulkheads. Bulkheads should be permitted only for the purpose of erosion control or to reduce the size of fills required for water-dependent uses. Bulkhead Design. When a bulkhead is necessary, it should be designed to: SHORELINE DEVELOPMENT GOALS MANAGEMENT GUIDELINES SHORELINE DEVELOPMENT 2-41 G. J. 2-42 SHORELINE DEVELOPMENT 1) facilitate flushing; 2) minimize toe scour; 3) allow for outward ground water flow or runoff; and 4) prevent fines from washing away, if fines are include in fill material. Permanent Fuel Storage. Permanent fuel storage facilites should not be located on docks. Fuel storage structures which are located on state uplands adjacent to tidelands or wetlands will have a physical barrier to prevent the flow of oil into coastal wetlands and tidelands. Temporary Berms, Pads or Ramps. Temporary berms, pads, or ramps constructed of beach gravels and sands should be restored to blend with original contours after the tem- porary access is no longer required, unless removal or restoration would cause more damage than leaving the berm, pad or ramp in place. Siting Facilities to Avoid Eagle Nests. Facilities determined by the U.S. Fish and Wildlife Service to cause significant disturbance to nesting eagles will not be allowed within 330 feet of any bald eagle nest site, whether the nest is currently active or not. Activities Disturbing Nesting Eagles. Activities the U.S. Fish Wildlife Service determines are likely to cause significant disturbance to nesting eagles will be prohi- bited within 330 feet of active bald eagle nests between March 1 and August 31. Temporary activities that do not alter eagle nesting habitat or disturb nesting eagles, as determined by the USFWS, may be allowed at other times. Permits for blasts of a magnitude documented to be dis- ruptive to nesting eagles will, to the extent feasible and prudent, be prohibited within 1/2 mile of active eagle nests between March 15 and August 31. Siting Shoreline Development to Avoid Productive or Sensitive Habitat Areas. To the extent feasible and prudent, shoreline development will not be sited in or adjacent to extensive tideflats; salt marshes; kelp or eelgrass beds; seaweed harvest areas; shellfish concen- tration areas; or other areas which meet the definition of crucial fish and wildlife areas. Minimum distances will be determined by using the project review proce- dures. Upland Permits and Leases for Uses That Are Not Water Dependent. Permits, leases, and plans of operation for non-water dependent commercial and industrial uses, tran- Sportation facilities, and pipelines on state uplands will, where feasible and prudent, require setbacks between these facilities and adjacent water bodies to maintain tideland and streambank access and protect adjacent fish habitat, public water supplies, and public recreation. The width of this setback may vary depending upon the type and size of non-water dependent use, but will be adequate to maintain public access to riparian areas and to protect water quality in accordance with water quality standards established by DEC. Adjacent to designated anadromous fish waters this setback will, to the extent feasible, never be less than 100 feet landward of mean high tide or ordinary high water. Where it is not feasible and prudent to maintain a set- back adjacent to fish habitat, public water supplies or recreational waters, other measures will be implemented to meet the intent of this guideline. M. Other Guidelines That Affect Shoreline Development. A number of other guidelines will affect shoreline develop- Ment activities. For details of these guidelines, see the following sections of this chapter: Fish and Wildlife Recreation Miscellaneous Guidelines LAND USE DESIGNATION SUMMARY -- SHORELINE DEVELOPMENT Shoreline development land use designations have been made adjacent to native allotments and private upland parcels owned by individuals. However, the need for most uses that fall within the definition of shoreline development are eihter known or too site specific at this time to justify a specific land use designation. Therefore, the decision of whether, where and how coastal development activities will occur will be made based on the management intent statement for the particular unit, the management guidelines and the project review procedures outlined in Chapter 4. LAND USE DESIGNATION SUMMARY SHORELINE DEVELOPMENT 2-43 TRANSPORTATION I. MANAGEMENT GUIDELINES & UTILITIES MANAGEMENT A. GUIDELINES 8 Cc. D. Ee 2-44 TRANSPORTATION & UTILITIES 6 AAC 80.080. Transportation and Utilities. Siting Utilities. Settlement support facilities, including, but not limited to generation and transmission structures or cables, and buried sewage and water lines, will be sited to minimize adverse impacts to other valuable resources or uses. Siting and Constructing Temporary and Permanent Roads or Causeways. Temporary and permanent roads or causeways will » to the extent feasible and prudent, be routed to avoid vegetated tideflats, avoid streams and minimize alteration of natural drainage patterns, and avoid long- term effects on water quantity or water quality. If a temporary road is routed through vegetated tidelands, clean fill will be required, and construction methods which facilitate removal of the fill should be required. Temporary Access. Temporary access (e.g. on-loading or off-loading of materials from ships or barges) across tidelands should occur during a high tide period to minimize disturbance. Stream Crossings. Stream crossings should be avoided. When it is necessary for a road to cross a stream the crossing should be as close as possible to a 90° angle to the stream. Stream crossings should be made at stable sections of the stream channel. Bridges and culverts should be large enough to accom- modate or positioned to avoid; 1) altering direction and velocity of stream flow, and; 2) interfering with migration or spawning activities of fish and wildlife. Bridges and culverts should span the entire non-vegetated stream channel and be large enough to accommodate the 25-year peak discharge (where known). Stabilization and revegetation of disturbed streambanks or other protective measures should occur to prevent soil erosion into adjacent waters. 1. GOAL Maintain water quantity and quality sufficient to protect the human, fish, and wildlife resources and uses of the region. Il. MANAGEMENT GUIDELINES A. D. Studies and Reservations to Support Plan. In accordance with applicable statues, regulations and procedures, DNR will give support to instream flow studies and reserva- tions that are necessary to protect and promote resource values and uses identified in this area plan for streams and other waterbodies. Streams and Uses to Consider. All streams and other waterbodies that are retained wholly or in part in public ownership for their public values should be considered for instream flow reservations. Additional streams and other waterbodies may be identified for consideration. The statutes allow reservation of instream flow for four types of uses: 1, Protection of fish and wildlife habitat, migration and propagation in streams that: (a) have significant anadromous or resident fish populations; (b) flow into wetlands that support significant waterfowl, furbearer or other wildlife populations; or (c) provide the water supply needed for other habitat types that support significant wildlife populations; 2. Recreation and park purposes; 3. Navigation and transportation purposes; and 4. Sanitary and water quality purposes. Priorities. Streams and other waterbodies which have a high priority for instream flow studies and possible reservation are identified in Chapter 4, Implementation. These have been identified because of their high public values, particularly for habitat and recreation, and the high potential for conflicts with these values from resource development. Process for Determining Reservations. The process of determining instream flow reservations should inlcude the following steps for each stream or other waterbody: INSTREAM FLOW GOAL MANAGEMENT GUIDELINES INSTREAM FLOW 2-45 2-46 INSTREAM FLOW _ . 2. 5. Identify the management objectives. Estimate the quantity of water seasonally available by direct measurement (hydrograph), predictive methods (regional hydrographic models) or other appropriate methods. Determine the quantities of water already appropri- ated. In consultation with appropriate agencies, use site- specific studies or other information to determine the instream flow requirements for the resources and uses to be protected. For habitat resources this will require cooperative work and consultation with the Alaska Department of Fish and Game to identify necessary conditions for rearing, staging, reproduc- tion, spawning, overwintering and migration of valuable fish and wildlife resources. Specify in advance: (a) study methods; (b) agency or other responsibilities for every aspect of the study, including funding; (c) schedule for the study; and (d) responsibility for applying for instream flow reservation. 1. GOAL Maintain, enhance or provide adequate alternative public access to public land and resources. Il. MANAGEMENT GUIDELINES A. Retain Access. Retain public access sites and corridors in public ownership, or retain rights to lands the state leases or sells to protect or improve public access to areas with significant existing or potential use of fish and wildlife, mineral, recreational or other public resources. Access may be restricted for human safety reasons or to prevent harm to the environment. Reservation of Access. Necessary public access will be reserved when land is conveyed to private ownership. Section line easements should not be vacated unless al- ternative physically useable public access can be estab- lished. Access to Private Recreation Cabins. Access across tide- ands to private recreation cabins and existing upland trails will not be precluded. Access to Trailheads. Coastal access across state tide- Tands to designated trail corridors which begin at the shoreline will be protected. Other Guidelines Affecting Public Access. A number of other guidelines may affect public access. For details of these guidelines, see the following sections of this chapter: Fish and Wildlife Habitat Forestry Settlement Subsurface Resources and Materials 6 AAC 80.140. Air, Land and Water Quality. 6 AAC 80.050. Geophysical Hazard Areas. 6 AAC 80.090. Fish and Seafood Processing. 6 AAC 80.070. Energy Facilities. PUBLIC ACCESS GOAL MANAGEMENT GUIDELINES PUBLIC ACCESS 2-47 XIYLYW SANITAGINO LNIWSOVNYW Sb-Z GUIDELINE Lease/RofW —_ Lease/RofW for tor Permanent Permanent LTF/LTS = RTF/RTS(non- timber) FISH & WILDLIFE MANAGEMENT GUIDELINES MATRIX Tideland Permit for Temporary LTF/LTS MAJOR ACTIONS Tideland Lease or Permit for Log Storage Beachlog Sand & Salvage Gravel Sale Tideland Permit /RofW Offshore Upland Tideland Lease for Settlement Prospecting Land for Pesmit Sales Shoreline Development >< »*< x {UL oq od >4 ><} >< Pry dae | G H T J IT >] ><] > ><] >} >q >4 749" s + it >>4 ed bop FORESTRY >| >d > du > >g >q ><] >} WT xX X x x X x x _x x _ xX xX x x X x x X x x x x x X x xX x od ___® x 60°Z XINLVW SSANITSGINO LNAWSOVNVW MANAGEMENT GUIDELINES MATRIX GUIDELINE MAJOR ACTIONS Lease/RofW = Lease/RofW Tideland Permit —_— Tideland Lease or BeachLog Sand& Tideland Permit /RofW Offshore Upland Tideland Lease for for for Permit for Salvage Gravel for Prospecting Land for Permanent Permanent Temporary Log Storage Sale Settlement Permit Sales Shoreline LTF/LTS RTF/RTS (non. LTF/LTS Development timber) RECREATION x x x x x x SETTLEMENT (FLOATHOMES) SETTLEMENT (LAND DISPOSALS) XIULVW SANITAGIND LNAWIOVNVW OG-Z MANAGEMENT GUIDELINES MATRIX GUIDELINE MAJOR ACTIONS Lease/RofW Lease/RofW Tideland Permit Tideland Lease or BeachLog Sand& Tideland Permit /RofW Offshore Upland Tideland Lease for for for Permit for Salvage Gravel for Prospecting Land for Permanent Permanent Temporary Log Storage Sale Setilement Permit Sales Shoreline LTF/LTS RTE/RTS (non- LTF/LTS Development timber) SETTLEMENT (LAND DISPOSALS) SUBSURFACE RESOURCES & MATERIALS i SHORELINE DEVELOPMENT LG-Z XIULWW SANITSGIND LNSWADVNYW MANAGEMENT GUIDELINES MATRIX GUIDELINE MAJOR ACTIONS Lease/RofW Lease/RofW Tideland Permit Tideland Lease or BeachLog Sand& — Tideland Permit /RofW Offshore Upland Tideland Lease for for for Permit for Salvage Gravel for Prospecting Land for Permanent Permanent Temporary Log Storage Sale Settlement Permit Sales Shoreline LTF/LTS RTF/RTS (non- LTF/LTS Development SHORELINE tember) DEVELOPMENT x x TRANSPORTATION & UTILITIES AIR, LAND & WATER QUALITY GEOPHYSICAL HAZARD AREAS ___x FISH & SEAFOOD PROCESSING ENERGY FACILITIES CHAPTER 3 Land Management Policies for each Management Unit Chapter 3 Land Management Policies for each Management Unit This chapter contains the Department of Natural Resources land management policies for each of the 31 management units in the Planning area. A management unit is an area that is generally homogeneous with respect to resources, uses, topography and land ownership. The following is presented for each management unit: statement of management intent; list of designated/prohibited uses; management guidelines specific to the unit; miscellaneous notes which provide background information useful to the land manager for making informed decisions; and a land use designation map. It should be understood that the mangement intent statements for each unit refer only to management of state land. Additionally, while these statements refer to accommodation of certain proposed uses on tide and submerged lands, there is no guarantee that other regulatory agencies will issue permits that are necessary for the proposed use. (Coordination of permit processes is addressed in Chapter 4.) It is assumed that all proposed development uses referenced in the management intent statements will employ best management practices from an environmental and engineering standpoint in siting and operation of the proposed use. Finally, it must be emphasized that state tideland use designations do not give the public access rights to adjacent private uplands. Primary and Secondary Designations and Other Uses as Addressed by the Plan The Land Use Designation maps display combinations of primary and secondary uses on state lands. If a proposed use is designated as either primary or secondary in a given area, existing infor- mation indicates that activities meeting provisions of the plan will be permitted by the Department of Natural Resources somewhere within the area designated. Exactly where and how a designated use will occur within the designated area will be resolved through the review procedure outlined in Chapter 4, using the mangement intent statement for the unit, guidelines of the plan, and information gathered as part of the site-specific review of the proposed project. INTRODUCTION LAND MANAGEMENT POLICIES 3-1 Uses for which no designation has been made and which are not specifically prohibited in the plan may be proposed at any time in the future in any area. In these cases, the DNR land manager will use the management intent statement for the unit, guidelines of the plan, and information gathered during the site-specific project review, to first determine whether the use can take place within the proposed location, and then will proceed to answer the questions of where and how the use can occur. The definitions of the terms primary, secondary, and other, as used in the plan, further clarify the relationship between pri- mary, secondary and other uses. Primary use: A primary use is of major importance in a given mangement unit. Lands will be managed to encourage its use, conservation and/or development. Where a management unit has two or more primary uses that could conflict, guidelines of the plan and existing regulations or procedures will direct how these potentially conflicting primary uses are to be managed. Secondary use: A secondary use is considered important, but is given less management emphasis than a primary use because: 1) it is of lower importance; or 2) its occurrence is very site-specific. In site-specific situations where the second- ary use has a higher value than the primary use, a secondary use may take precedence over the primary use. However, as a general rule, mangement of a secondary use will recognize and protect primary uses. Other uses: Uses for which no designation has been made will be allowed if the use does not conflict with the management intent, designated uses, and the management guidelines. If the “other use" is determined to be in conflict with the Management intent or designated uses, and cannot be made compatible by following the management guidelines, it may be allowed only through a plan amendment. Relationship of Classification and Designation Under state regulations (11 AAC 55), land classification is the formal record of primary uses for which state lands will be managed. Classifications will be recorded on state land status plats, along with a reference to this plan. Although classifica- tions identify primary uses, all classifications are intended for multiple use. Once the classification has been determined from the status plat, this plan is the source of information for the more detailed Land Use Designations which, along with the Management Intent and Management Guidelines, assist the DNR manager in making decisions 3-2 LAND MANAGEMENT POLICIES on proposed activities. There may be several different land use designations within any given classification. The breakdown of land designations within classifications is listed in Chapter 4. Primary, Secondary and Other Uses as Addressed by the Classification Regulations: The classification regulations, Section 11 AAC 55.040(c) address primary uses by stating: A classification identifies the primary use for which land will be managed. All other uses are initially presumed as compatible with the primary use. However, certain uses have been determined by the plan to be “incompatible” with the primary use. They are those uses specifically prohibited in the individual Management Units or described as incompatible in the Management Intent or Guidelines. All other uses are initially determined to be compatible regardless of whether they are primary, secondary or other (non-designated) uses. Resource Management Areas In some offshore areas, state submerged lands are given a resource management designation rather than a more specific land use designation. The resource management designation is used because existing information is inadequate to establish the high- est values of the areas, and resource development (other than continued fisheries in some areas) is unlikely in the next five to ten years. The resource mangement designation will be retained until the plan is revised (approximately every five years), or until new information or development proposals make it necessary to review the resource management designation and assign a different designation. Until such time as the designation is reviewed, the submerged lands will be managed consistent with the management intent and guidelines of this plan. Land Use Designations Adjacent to Small Islands in Crucial and Prime Fish and Wildlife Habitat and Harvest Areas Small islands less than fifty acres in size are scattered through the planning area. Some of these islands support stands of com- mercial timber. Some of the tidelands adjacent to these islands have significant fish and wildlife values, such as herring spawn- ing or concentrations of shellfish or eelgrass beds which are rated as either crucial or prime habitat or harvest areas. The decision whether or not to designate tidelands adjacent to small islands for A-frame logging varies according to-policies of LAND MANAGEMENT POLICIES 3-3 the upland manager. Under the Tongass Land Management Plan, islands smaller than fifty acres are not included in the calcula- tions to determine the annual harvest. However, timber from these islands will be salvaged after events such as disease, blow-down, or insect infestation. Because of this Forest Service policy, this plan does not designate tidelands adjacent to small islands managed by the Forest Service for A-frame logging. A request by the Forest Service for a tideland permit to A-frame a small island will be reviewed on a case-by-case basis using procedures outlined in Chapter 4, Private landowners wish to retain the option of harvesting timber from some of the small islands they own if, after further analysis, they determine timber harvest is feasible and con- sistent with their management objectives. Therefore, tidelands adjacent to small private islands have been designated for floating A-frame logging. Fish and wildlife habitat and harvest values are to be addressed as outlined in Forestry Guideline H1 in Chapter 2. Management Unit Maps The following applies to land use designations on Management Unit maps: 1. The “F" designation provides for all forestry facilities except A-frame logging. 2. The "f" designation provides for floating A-frame logging facilities only. 3. The "M" designation provides for mineral exploration and development activities and facilities. 4. The "“m" designation provides for mineral exploration and access activities, but does not allow for siting of develop- ment facilities or activities unless determined compatible through review procedures. 5. The "R" designation provides for developed recreation facilities, access to trailheads, or anchorages. 6. The "r" designation provides for dispersed recreation uses requiring no developed facilities. Proposed Gulf of Alaska OCS Lease Sale The U.S. Department of Interior has proposed an oil and gas lease offering in the Gulf of Alaska which may include tracts offshore of the planning area. A Draft Environmental Impact Statement was Prepared, but due to low industry interest, the proposed lease 3-4 LAND MANAGEMENT POLICIES offering has been deferred until 1988 at the earliest. Potential impacts to state lands and waters from the sale have not been addressed in this plan. As new information becomes available, it will be incorporated in future revisions of this plan. Renewal of Canadian Oil and Gas Exploration The Canadian government is currently considering renewal of oi] and gas exploration activities which have been suspended since 1972 off the British Columbia coast. An Environmental Assessment Panel was appointed in 1984 to review potential environmental and socio-economic impacts of renewed offshore oil and gas explora- tion. The panel was to submit its report by September of 1985, but has recently requested an extension until January 1986 for completion of the report. The annual review of this plan will include consideration of any potential impacts within the plan- ning area from oi] and gas exploration activities in Canadian waters. Definitions Definition of terms used in this chapter are found in the defini- tions section of Chapter 1. LAND MANAGEMENT POLICIES 3-5 Index Map Unit 1: Unit 2: Unit 3: Unit 4: Unit 5: Unit 6: Unit 7: Unit 8: Big Salt Lake Unit 9: Klawock Lake Unit 10: Craig Unit 11: San Alberto Bay Unit 12: Gulf of Esquibel Unit 13: Maurelle Is. Wilderness Unit 14: Cape Addington Unit 15: Steamboat Unit 16: Forregfer Is. St. Nicholas Portillo Channel Trocadero Bay Ulloa Channel Bucareli Bay Meares Passage Soda Bay Breezy Bay Unit 17: Unit 18: Unit 19: Unit 20: Unit 21: Unit 22: Unit 23: Unit 24: Hydaburg Unit 25: Hetta Inlet Unit 26: Nutkwa Inlet Unit 27: Blanket Island Unit 28: South Sukkwan Unit 29: View Cove Unit 30: West Dall Unit 31: Forrester Island Rose Inlet Shoe Inlet Long Island Kassa Inlet S. Prince of Wales Dixon Entrance Kaigani Strait Management Units Southwest Prince of Wales Island Area 2 ww sat 44 Barrie: UNIT 1: BIG SALT LAKE Management of state tide and submerged lands in this unit will MANAGEMENT focus on preservation of fish and wildlife habitat and the INTENT opportunity for intensive subsistence use of fish and wildlife resources by Klawock area residents. Dispersed recreational use of tidelands will also be recognized. Intensive timber harvest has occurred and is expected to continue on private uplands in this unit. Due to existing road access, use of tidelands for facilities associated with logging activity has been limited to a floating camp. Approximately one-quarter mile of shoreline along the southeast shore of Big Salt Lake is designated forestry for continued use of a floating camp. One mile of the southwest shore of Big Salt Lake, within section 20, is designated to accommodate anticipated floating A-frame logging activities somewhere along that shore; A-frame logging is considered necessary in the area due to steep upland terrain. Small private islands in this unit have also been given a general designation for A-frame logging. Although no lands have been designated for mining, mineral resource development will be accommodated where compatible with designated lands uses and consistent with management guidelines in Chapter 2 and those specific to this unit. Primary and Secondary Uses DESIGNATED/ | PROHIBITED Refer to land use designation map for primary and secondary uses USES and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFilling state tide and submerged lands for residential purposes. OFloathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all manage- MANAGEMENT ment units. The following guideline applies to this specific GUIDELINES unit. UNIT 1 3-9 NOTES 3-10 UNIT 1 Developed Recreation Facilities in Crucial Habitat and Har- vest Areas. Based on available information, developed recre- ation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific Proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. Fish and Wildlife information: Fourteen anadromous fish stream outlets are located within this unit. Many have extensive deltas and associated coastal wet- lands. The deltas and wetlands provide habitat for shellfish beds, chum and pink salmon spawning, very high density seasonal waterfowl concentrations, and seasonal black bear concentrations. A large number of juvenile anadromous fish rear in Big Salt Lake. The area is intensively used by Klawock area residents for subsistence harvests. Waterfowl harvests occur within tidal flat areas. The area is closed to commercial fishing. There is a pink salmon pre-emergent fry sampling site at the mouth of Steelhead Creek in Section 11. Unit 1: Big Salt Lake LOCATION LAND USES F —Forestry - except A-frame f -Forestry - A-frame r —Recreation - dispersed H —Fish and Wildlife Habitat and Harvest a —Crucial rating b —Prime rating c —Important rating d —Range rating 1 -Primary 2 -Secondary LAND STATUS C) State &Y Native Regional Corporation (—) Federal Forest Service Nat. Reg. Corp. Overselection SCALE IN MILES USGS QUADS: Craig C-3, C-4 6 NS 5 /; 4 ' UNIT 2: KLAWOCK LAKE Pending final determination of land status (see Notes), submerged MANAGEMENT lands of Klawock Lake and other state land in this unit will be INTENT managed to protect the crucial fish and wildlife habitat of the Klawock Lake drainage, outlet stream, and estuary. This drainage produces more fish than any other system in southern southeast Alaska. Some shoreline development activities will be accommodated along the southern shore of the lake, adjacent to the uplands Shaan Seet recently distributed to its shareholders. This disposal of land will probably stimulate upland settlement along the southern shore and lead to associated demands for use of the lake. Primary and Secondary Uses DESIGNATED/ PROHIBITED Refer to land use designation map for primary and secondary uses USES and fish and wildlife ratings. Prohibited Uses O Floathomes in mapped crucial fish and wildlife habitat and har- vest areas. Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFilling state tide and submerged lands for residential purposes. Refer to Chapter 2 for guidelines common to this unit and all management units. The following guidelines apply to this spe- cific unit. 1. Public Access to Campsite on Klawock Lake. Public access across state-owned shorelands adjacent to the public campsite on the northeast shore of Klawock Lake will not be precluded. 2. Access to Private Uplands. Private landowners are guaranteed the right of access across state shorelands; however, fill used to enhance access will not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through review procedures. UNIT 2 3-13 NOTES 3-14 UNIT 2 O Title to the submerged lands of Klawock Lake is presently unclear due to the state's challenge of the determination of navigability of waterbodies; the outcome of that contested issue will result in either the state or the Native corporation obtaining title to the submerged lands of Klawock Lake. O One heritage site is located within this unit: AHRS C-119 Klawock Village O A one-acre designated campsite is located on the northeast shore of Klawock Lake. O Fish and Wildlife Information: The Klawock Lake drainage, outlet stream, and estuary is the most productive system in southern Southeast Alaska. A pink salmon pre-emergent fry sample site, hatchery, weir, and egg take site are located on the Klawock River in Sections 11 and 14. Although some runs are presently at lower numbers than historically reported, escapements are being enhanced by the hatchery. The hatchery is located on the north side of the Klawock River approximately one-quarter mile downstream from the mouth of Klawock Lake. It produces chum, coho and/or chinook salmon fingerlings and steelhead juveniles for release into the Klawock River. The hatchery has a design capacity for 75 million chum eggs and 3.4 million coho eggs; between 2,000 and 18,000 steel- head trout have also been released annually between 1980 and 1982. A primary consideration for hatchery site selection is the quality and the quantity of its water supply; therefore, the Department of Fish and Game is concerned about developments (logging, mining, housing, etc.) that might adversely affect the water quality or quantity. The Klawock weir is located on the Klawock River at the hatchery; it is erected annually in August and removed in mid-November. The weir is a metal fence angled downstream, used as an enumeration site for counting migrating sockeye, pink, chum, coho and steelhead. The escapement information is used in fisheries Management. The Klawock egg take site is located at the fish passage opening in the weir. Coho, chum, and steelhead eggs are taken to develop brood stock at the Klawock hatchery. he egg take location was selected because the stream produces a large number of healthy fish from which eggs and sperm can be taken. According to the Department of Fish and Game, the environment should not be altered in any way that will change the conditions that produced the fish. Klawock Lake is a potential lake fertilization site. Coho, pink, red, and chum salmon, as well as steelhead, Dolly Varden, char, cutthroat, and rainbow trout spawn in the tributaries to the lake. Trout and char also overwinter in the lake. The outlet stream has been reported as one of the highest for productivity of fry and live eggs per square meter of any stream in Alaska. Migrating adult fish school and mill in the estuary, and out- migrating fry also mill and rear in this area. The estuary is an extremely productive wetland that also serves as a staging and breeding area for very high densities of waterfowl and shore- birds. The estuary system has been rated very highly by ADF&G and provides a significant sport and subsistence fishery to residents of Klawock. The existing road access has increased sport fishing by non-residents as well. UNIT 2 3-15 Unit 2: Klawock Lake LOCATION LAND USES D—Shoreline Development H-—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary 2-Secondary LAND STATUS C) State KY Native Regional Corporation (4 Federal-Forest Service ZZ Native Village Corporation SCALE IN MILES USGS QUADS: Craig B-3, B-4, C-3, C-4 State land in this unit will be managed for fish and wildlife habitat and harvest uses and recreational values while accommo- dating mineral resource development, shoreline development oppor- tunities and continued forestry resource development. Due to its proximity to Craig and Klawock, this unit is subject to intensive sport and subsistence harvest of fish and wildlife resources and intensive recreational use. The entire unit, except for the coastline between Klawock Island and Crab Bay, is rated as crucial or prime habitat due to extremely productive eelgrass beds (particularly along the east side of Wadleigh Island and the west side of Peratrovich Island), herring spawning areas, extensive tideflats that support intertidal salmon spawning, and wetlands that provide habitat for high densities of waterfowl. Numerous archaeological sites are located in this unit. Habitat is designated a secondary use in some important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached facilities for which primary designations for forestry and mining have been made. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even where habitat is designated a secondary use in important fish and wildlife habitat and harvest areas (Hc), it will be managed as a primary use when reviewing proposals for uses which are not directly related to or necessary for the operation of a shore-attached facility for which a primary designation of forestry or mining has been made. The important habitat resources in this unit are king crab subsistence harvest areas, and areas used heavily by waterfowl and seabirds. Managers should check the habitat maps for specific locations of these areas. Tide and submerged lands have been leased for log transfer facil- ities on the west side of Klawock Island in conjunction with an upland log sort and storage yard. A dock and log storage area are located at the Alaska Timber Mill just south of Klawock Island. These areas will continue to be managed for log transfer. It is anticipated that approximately 10 to 12 mbf of timber may be harvested from Wadleigh Island over a period of about two years. A designation has been made on northeast Wadleigh Island for a future transfer site. There is an existing log storage area at the site, and an additional log storage area on southeast Wadleigh Island. The northeast site will be available for min- eral transfer (principally limestone) if that resource is devel- oped. UNIT 3: CRAIG MANAGEMENT INTENT UNIT 3 3-19 DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES 3-20 UNIT 3 Access across tidelands may be needed for A-frame logging on Fish Egg Island; however, the area has been rated as crucial habitat for herring spawning. Therefore, any proposal for A-frame logging on Fish Egg Island will require a determination of compatibility through siting procedures. Small private islands in this unit have been given a general designation for floating A-frame logging. The state land selection surrounding the Klawock airport will be managed for expansion of the existing airport facility and to maintain wetland habitat values. Primary and Secondary Uses Refer to land use designation map for primary and secondary uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. Refer to Chapter 2 for guidelines common to this and all manage- ment units. The following guidelines apply to this specific unit. 1. Mineral Exploration Activities. In areas where mining is designated as a secondary use, mineral exploration activities are allowed. Permanent resources transfer sites and tailings disposal in those areas are not allowed unless determined compatible through the review procedures. 2. Developed Recreation Facilities in Crucial Habitat and Har- vest Areas. Based on available information, developed recre- ation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be consid- ered for compatibility based on its design or on new habitat information. 3. Access to Private Uplands. Private landowners are guaranteed the right of access across state tidelands; however, fill used to enhance access will not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through review procedures. 4. Consolidation/Joint Use of Resource Transfer Site at Wadleigh Island. Only one site will be used for transfer of both timber and mineral resources from Wadleigh Island unless it is determined that using more than one site is a feasible and prudent alternative considering overall impacts to habitat. OThe City of Klawock has applied for patent to all tidelands within its city limits, and transfer of title is expected in the near future. All proposed tideland permits and leases within the city boundaries should be reviewed by the City of Klawock. There are state tidelands within the district boundaries of the City of Craig. Both cities have developed detailed coastal Management programs; therefore, the department has not made designations for state tidelands within the Craig or Klawock district boundaries. The department's actions will be consistent with the district programs. The City of Craig Coastal Mangement Program has adopted the following floathouse policy: "Existing floathomes are a grandfathered use, assuming there is not illegal activity associated with the use. Existing, non-conforming floathomes, their location and current owner, will be inventioried to establish grandfather rights. As the existing floathomes, outside of the designated floathome area, within the City of Craig are moved, sold, or rebuilt, they will lose their respective grandfather rights. Any abandoned floats or rafts will be salvaged when possible, and the owner (if known) assessed a fee by the city. All future floathomes will be located in the city designated floathome zone. This zone will be located in water off-shore of city property on the north side of East Craig, facing Crab Bay as indicated in Figure 16. This zone will be provided municipal sewer and water, and moorage slips will be leased when development monies ar available and when city, state and federal permits are issued. Existing floathomes will be permitted when located in the designated floathome area or in areas where upland owners grant permission and when city, state, and federal permits are issued and when consistent with the Craig CMP. The designated Floathome Area will preclude industrial and commercial uses in Craig which are consistent with the Craig CMP." NOTES UNIT 3 3-21 O Heritage sites located within the unit include: AHRS C - 6 Craig 16 Klawock Burial 24 Craig Petroglyph 31 Klawock 45 Salmonberry Island 46 Craig/Klawock Road Midden 63 North Fish Egg Island Village 93 Alberto Islands Burial 97 Clam Island Village 100 Craig Burial 103. Fish Egg Village and Burial 118 Klawock Inlet Burial 119 Klawock Village 127. Peratrovich Island Village 146 Wadleigh Island Garden & Burial 147 Klawock Totem Park 148 Klawock Cannery O The state has selected 606 acres around the existing Klawock airport. OO Management of tidelands on both ends of the existing Klawock airstrip has been transferred to DOT/PF. O Fish and Wildife information: The entire area is heavily used in all seasons by Craig and Klawock residents for sport and subsistence harvests of numerous intertidal and offshore resources including king crab, clams, sea cucumbers, cockles, herring eggs, and bottomfish. Commercial harvests of crab also occur. The area has extensive eelgrass beds which are among the most productive in Alaska. Herring spawn regularly in several areas. Thirteen anadromous fish stream outlets, many of which have extensive tideflats that support intertidal spawning, are contained in this unit. Coastal wetlands exist in Crab Bay, along the shore north of Klawock up to and including the low-lying area north of Klawock airport, and adjacent to the tideflats in Shinaku Inlet. These areas support very high densities of migrating and breeding waterfowl and shorebirds. These areas are also used for sport harvest of the waterfowl. Sea otters use Shinaku Inlet throughout the year. The Crab Bay - False Island area is a critical staging ground for some 10,000 shorebirds, for overwintering waterfowl, for rearing juvenile Dungeness crab, and for herring spawning. A USFWS-NMFS dive in 1979 documented an eelgrass bed and productive inverte- brate populations on the west side of False Island. Shinaku Creek, in Section 21 is a pink salmon pre-emergent fry sample site. 3-22 UNIT3 Unit 3: Craig LAND STATUS C5) State & Federal-Forest Service ZZ Native Village Corporation {9 Native Regional Corporation Nat. Reg. Corp. Overselection Private LAND USES F —Forestry - except A-frame f -Forestry - A-frame M-—Mining - transfer/ development ; m-—Mining - access/ exploration y x —Recreation - dispersed Ag D —Shoreline Development - H —Fish and Wildlife Habitat and Harvest a—Crucial rating b —Prime rating c —Important rating d —Range rating 1-Primary 2-Secondary UNIT 4: SAN ALBERTO BAY State tide and submerged land in this unit will be managed for MANAGEMENT fish and wildlife habitat and harvest and recreation uses. San INTENT Christoval Channel, rated as prime fish and wildlife habitat, supports waterfowl, seabirds, otters, abalone, crab and kelp, and is a rearing and schooling area for finfish and shellfish. Herring spawning areas have been identified throughout the unit. Additionally, this unit is intensively used by Craig and Klawock residents for subsistence harvesting, commercial fishing, and guiding. Timber harvested from Prince of Wales Island will be transferred by road to either Klawock (Unit 3) or to the proposed log transfer facility at Blanquizal Point (Unit 5). Timber harvested from San Fernando Island will be transferred by road to the proposed log transfer facility on the northwest shore of San Fernando Island (Unit 10). Primary and Secondary Uses DESIGNATED/ : ; . PROHIBITED Refer to land use designation map for primary and secondary uses USES and fish and wildlife ratings. Prohibited Uses O Filling state tide and submerged lands for residential purposes. O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Floathomes in mapped crucial fish and wildlife habitat and har- vest areas. Refer to Chapter 2 for guidelines common to this and all manage- MANAGEMENT ment units. The following guidelines apply to this specific GUIDELINES unit. 1. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. 2. Developed Recreation Facilities in Crucial Habitat and Har- vest Areas. Based on available information, developed recre- ation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be consid- ered for compatibility based on its design or on new habitat information. UNIT 4 3-25 NOTES 3-26 UNIT 4 O Fish and Wildlife information: Eight anadromous fish stream outlets are included in this unit. San Christoval Channel is an important rearing and schooling area for finfish and shellfish. Herring spawn along the eastern shore of San Fernando Islands from south Cruz Pass to Pt. Cuerbo, also from the eastern boundary of Unit 4 on Shinaku Inlet west to USGS monument "See", and around the island west of Sombrero Island. San Christoval Channel supports very high densities of waterfowl and seabirds which concentrate seasonally on the extensive tide- flats. Other important resources in San Christoval Channel include abalone, crab and kelp. San Christoval Channel also provides habitat for sea otters, a species low in numbers that has been re-introduced into Southeast Alaska after being exterminated. The area is used heavily by Craig and Klawock residents for subsistence harvest of abalone, by comercial fishermen, and by outfitter-guides based in Craig and Klawock for day trips for fishing and wildlife viewing. Unit 4: San Alberto Bay LOCATION LAND STATUS (—) State (-) Federal-Forest Service USGS QUADS: Craig B-4,C-4,C-5 —----- F'------------'---)-------'---- S4 N Cc 4 RP, Ss >. o£. + eee oO Ll v Ber, + ak ® & SCALE IN MILES Larz| eB *e Pasqual o* ge Palisade Pt Tut* J * g " * Hib 7 oe R1 * } 2 oN SHermanos < i ‘San Christoval * < $a , Bpiedras 1 9, a pt +b of © guy Santa Rosalia time Pt Sante oO Witness Fike tne ‘9 Witnesses BQ0D, 012109 5 GB. eece becbeeeeeceee nen Lb : es : Uff Alberto * i i c - f{ Islands : BNC y Dek ; d ** Agcteia! LAND USES R—Recreation - access or anchorages r —Recreation - dispersed H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary © Anchorage 2-Secondary p> Purse Seine Hookoff UNIT 5: GULF OF ESQUIBEL State lands in this unit will be managed for fish and wildlife habitat and harvest including: commercial fishing; numerous anadromous fish streams; extensive kelp beds; sea otter habitat; very high densities of waterfowl and seabirds; as well as subsistence harvest of abalone. This unit will also be managed for dispersed recreation activities. Habitat is designated a secondary use in some important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached facilities for which a primary designation for forestry has been made. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even where habitat is designated a secondary use in important fish and wildlife habitat and harvest areas (Hc), it will be managed as a primary use when reviewing proposals for uses which are not directly related to or necessary for the operation of a shore-attached facility for which a primary designation has been made. The important habitat resources in this unit include areas supporting subsistence harvest of abalone, salmon harvest areas near St. Philip Island, and waterfowl/seabird concentration areas near Blanquizal Point. Managers should check the fish and wildlife habitat maps for specific locations of these areas. Resource development support facilities will be accommodated in areas outside of crucial habitats along the Prince of Wales Island coast from Blanquizal Point to the northern boundary of the unit and along the east coast of St. Philip Island. Develop- ment activities should avoid the commercial seine hookoff points on the west side of St. Philip Island in Section 10, and near Pt. San Pasqual on the north end of San Fernando Island. Devel- opment activities should also avoid conflicts with intensive seine and troll fishing which occur around the peninsula east of the Culebra Islands on the north boundary of the unit. Conflicts with trolling activities along the northwest side of St. Philip Island and south of the Blanquizal Islands should also be avoided. Primary and Secondary Uses Refer to land use designation map for primary and secondary uses and fish and wildlife ratings. MANAGEMENT INTENT DESIGNATED/ PROHIBITED USES UNIT 5 3-29 MANAGEMENT GUIDELINES 3-30 UNIT5 Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFilling state tide and submerged lands for residential purposes. OFloathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all manage- ment units. The following guidelines apply to this specific unit. 1. 5. 6. Conflicts between Boating and Resource Development Support Facilities. Resource development support facilities should be sited and designed to ensure passage for boats behind St. Philip Island and to avoid precluding use of the anchorages behind the Island. Limiting Number of Resource Transfer Sites. No more than one permanent resource transfer site on St. Philip Island and one site on Prince of Wales Island within the areas designated for forestry uses will be allowed. Developed Recreation Facilities in Crucial Habitat and Har- vest Areas. Based on available information, developed recre- ation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be consid- ered for compatibility based on its design or on new habitat information. Consolidation of Resource Transfer Sites. If minerals are developed on the uplands, existing log transfer sites will be evaluated to determine if use of the same site for mineral transfer is a feasible and prudent alternative considering overall impacts to fish and wildlife habitat. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. Conflicts Between Commercial Fishing and Resource Development Support Facilities near St. Philip Island. Where feasible and prudent, managers will use siting and timing restrictions to avoid conflicts between resource transfer facilities or activities and purse seine hookoff points. Managers will also use siting and timing restrictions to avoid conflicts with other commercial fishing activities in the area near St. Philip Island. 7. Minimize Use of Tide and Submerged Lands East of St. Philip Island. To the extent feasible and prudent, the amount of tide and submerged land used to support timber harvest operations will be minimized to lessen conflicts with the commercial fishing fleet. Upland log sorting and storage will be evaluated and must have been rejected as not feasible and prudent prior to the Department of Natural Resources authorizing use of tide and submerged lands for these activ- ities. O Two heritage sites are found within this unit: NOTES AHRS C-9 St. Philip Island village (locally known as Bob's Place) AHRS C-135 St. Philip Island Burial site O Fish and wildlife information: Nine anadromous fish stream outlets are located in this unit. Klawock residents use this area extensively for subsistence har- vest activities. Commercial fishing activities take place in the unit and are particularly intensive in the vicinity of Palisade Island and St. Philip Island. The passage between St. Philip Island and Prince of Wales Island is an important protected route for commercial fishermen and rec- reational boaters and also has extensive kelp beds which provide habitat for finfish and shellfish. The western portion of San Christoval Channel included in the unit provides habitat for sea otters, very high densities of waterfowl and seabirds, and supports subsistence harvests of abalone. Abalone harvests also occur along the coast of Prince of Wales and St. Philip Islands. UNIT 5 3-31 Unit 5: Gulf of Esquibel LAND USES LAND STATUS LOCATION F —Forestry - except A-frame C) State R—Recreation - access or anchorages (= Federal-Forest Service r —Recreation - dispersed H —Fish and Wildlife Habitat and Harvest a —Crucial rating b —Prime rating c —Important rating d —Range rating RM —Resource Management 1-Primary 2-Secondary ~ Anchorage 4 Purse Seine Hookoff USGS QUADS: Craig C-4, C-5 * Hermagos 13 of oy aXe ’ 13 . 78 u } HT Abreojo 1 R N A D ‘Oo CO FE Wet amma Ln \ N f(Prianimas ‘A tt _ fp BM coo Nese eeee 2 ° 9 Santa Gertrudis 5 Quitasueno® Ye : 7 z= v Cp Rock \) 20 G $i 23 Xe * 29 i 21 i = oD 1 4, < Snail ' 0 1 2 3 H 5 = ‘ ve ' “oO MeARherecot | SCALE IN MILES UNIT 6: MAURELLE IS. WILDERNESS State lands within this unit will be managed for fish and MANAGEMENT wildlife habitat and harvest, and recreation and wilderness INTENT values consistent with management practices intended by the fed- eral wilderness designation for the uplands. Access to all valid mining claims and support facilities across state tidelands will be protected. Beach log salvage will be permitted. Primary and Secondary Uses DESIGNATED/ PROHIBITED Refer to the land use designation map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Floathouses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFilling state tide and submerged lands for residential purposes. Refer to Chapter 2 for guidelines common to this and all manage- MANAGEMENT ment units. The following guidelines apply to this specific GUIDELINES unit. 1. Developed Recreation Facilities in Crucial Habitat and Har- vest Areas. Based on available information, developed recre- ation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific Proposal for a developed recreation facility may be consid- ered for compatibility based on its design or on new habitat information 2. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. 3. Resource Development Support Facilities. Resource develop- ment support facilities are not allowed unless determined compatible through review procedures. UNIT 6 3-35 NOTES 3-36 UNIT 6 O Three heritage sites have been identified within the unit: AHRS C-137 Sonora Passage Village AHRS C-109 Hole-in-the-Wall Village AHRS C-134 San Lorenzo Village O Fish and wildlife information: The entire unit is used intensively by commercial fishermen, primarily trollers. Hole-in-the-Wall is an important anchorage for the commercial fishing fleet and for a fish-buying tender during the season. The adjacent areas are high-quality seasonal feeding and rearing grounds for large concentrations of salmon. The unit could provide unique wildlife viewing opportunities in the future as the area's tourism industry develops. The unit provides habitat for sea otters and includes seabird breeding colonies, a sea lion haulout area, a high-density harbor seal use area, and a subsistance area used for harvest of abalone. Unit 6: Maurelle Is. Wilderness LOCATION LAND USES LAND STATUS R—Recreation - access or anchorages ([) State r—Recreation - dispersed = H—Fish and Wildlife Habitat and Harvest Gil Federal Forest Service a—Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary 2-Secondary <> Anchorage So EY 0 1 2 SCALE IN MILES USGS QUADS: Craig C-5, C-6 ° Feather Rock 5 + ‘ *. “* o6s ey Dome islets, oye 8 Tonin / 22 7% « Timbered Island o “* Hla 48, Anguilla * Trasera os tod * Qo ee >, Bae * x . Beta Rock se . Escurial ME Flotilla ioe @ UNIT 7: CAPE ADDINGTON State lands along the exposed outer coastline in this unit will MANAGEMENT be managed for maintenance of fish and wildlife habitat and har- INTENT vest areas, which include razor clam concentrations, a major sea lion haulout, and heavy commercial fishing. Habitat is designated a secondary use in some important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached recreation facilities which have been designated as a primary use. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even where habitat is designated a secondary use in important fish and wildlife habitat and harvest areas (Hc), it will be managed as a primary use when reviewing activities which are not directly related to or necessary for the operation of a shore-attached recreation facility. The important habitat resources in Veta Bay are shrimp and Dungeness crab. Managers should check the fish and wildlife habitat maps for specific locations of these resources. Areas offshore of the outer coast will be managed as fisheries conservation zones under the provisions of the Alaska Coastal Management Program (6 AAC 80.130 (c)(1)). Other activities will be managed to minimize conflicts with tra- ditional or commercial fisheries. No sites will be available for permanent log transfer facilities except on the east side of St. Joseph Island. Primary and Secondary Uses DESIGNATED/ PROHIBITED Refer to the land use designation maps for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes in mapped crucial fish and wildlife habitat and har- vest areas. UNIT 7 3-39 MANAGEMENT GUIDELINES NOTES 3-40 UNIT7 Refer to Chapter 2 for guidelines common to this and all manage- ment units. The following guidelines apply to this specific unit. 1. Public Access to Potential Trails at Siketi Sound, Cape Addington, Dalton Hot Springs. Public access will be retained across tidelands to three potential trails; one from Siketi Sound to Port San Antonio on Baker Island; one from the cove south of Roller Bay to the large cove east of Cape Addington on Noyes Island; and another from Dalton Hot Springs at Veta Bay to Port San Antonio on Baker Island. 2. Developed Recreation Facilities in Crucial Habitat and Har- vest Areas. Based on available information, developed recre- ation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be consid- ered for compatibility based on its design or on new habitat information. 3. Anchorages. Use of anchorages depicted on the land use designation maps will not be precluded. O One heritage site is found within this unit: AHRS C-23 Noyes Island Pictograph OA USFS timber harvest on Noyes Island is not scheduled in the current five year plan and probably will not occur until the 1990's, at the earliest. Noyes Island timber harvesting should be reevaluated when the USFS updates the Tongass Land Use Management Plan. (See DNR recommendations in Unit 8.) O Three large sandy beaches are located within this unit; the largest is on the eastern shore of Roller Bay. The other two distinctive beaches are found in the two large coves on either side of the Cape Addington Peninsula. O Fish and wildlife information: Six anadromous fish stream outlets are located in the unit. The west coast of Noyes Island includes razor clam concentrations from Cape Ulitka to south of Little Roller Bay on the northwest shore of Noyes Island, around the southwest tip of Noyes Island, along the outer point of Baker Island, and along the north shore of Veta Bay. There is a major sea lion haulout area at Cape Addington. The entire west coast and around the southern tip of Noyes Island is intensively used by commercial fishermen, particularly purse seiners. The areas around Outer Point and Arcada Rock, at Granite Point and Cape Chirikof off Baker Island, and the shoreline and waters around west and east St. Joseph Island are also intensively used by trollers and purse seiners. UNIT 7 3-41 Unit 7: Cape Addington LOCATION USGS QUADS: Craig A-5, B-5, B-6, C-6 taland (A * * o LAND USES F—Forestry - except A-frame H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating RM—Resource Management R —Recreation - access or anchorages SCALE IN MILES 6 2 i" wp MAUREL gs ears roid.” “ty : s ‘ “3 Escurial ' 3 the Wall San Lorenzo “islands 1-Primary +> Anchorage 2-Secondary ® Purse Seine Hookoff LAND STATUS C) State ©) Federal-Forest Service Hic RRi a 4 PASSAGE P\Cepe Ulitke 8 Steamooe Unit 7: Cape Addington Match Line USGS QUADS: Craig A-5, B-5, B-6, C-6 2 a ee ee a = =e LAND STATUS C) State GG Federal-Forest Service LAND USES R—Recreation - access or anchorages H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating RM —Resource Management 1 -Primary > Anchorage Hla > 2 -Secondary ® Purse Seine Hookoff ‘ meri {Pt CFA Votow criatex0 BOY Pt Fortalere LOCATION MAP SCALE IN MILES UNIT 8: STEAMBOAT If the U.S. Forest Service is unable to reach its timber adjacent to Ulitka Bay by road from Kelly Cove, then the Department of Natural Resources strongly urges the Forest Service to either change its upland management strategy for this area, or develop a sophisticated transfer facility which occupies the absolute minimum amount of space possible, thereby avoiding significant conflicts between timber transfer and use of Ulitka Bay by the fishing industry. This is the only unit in the planning area where the department has made a recommendation for major changes in upland management because of problems encountered on the tidelands. The department is making its recommendation for the reasons discussed below. During poor weather there are roughly 50 acres of sheltered anchorage space in Ulitka Bay. The bay is the first port available to the offshore fishing fleet and is not large enough to accommodate all the fishing vessels and fish packers now wishing to anchor in the bay. During the fishing season, an average of 12 fishing vessels and four to six fish packers anchor in the bay. However, when the seine fleet is in, there are up to 50 vessels crowded into Ulitka Bay, with others forced to run four to six miles to either Little Steamboat Bay, Hole-in-the-Wall, or Steamboat Bay. When active, a timber transfer facility, a floating camp, and a log sorting, storage and rafting area, currently identified by the Forest Service as the only economically feasible alternative to transfer logs, could use roughly 20 to 30 acres of the suitable anchorage space in the bay. This could force more than half of the fishing vessels now using Ulitka Bay at peak periods to run to alternate sites 4 to 6 miles away whenever the timber transfer and related facilities are in operation. Of the alternate anchorage sites, only Steamboat Bay, which is the furthest away and the least satisfactory anchorage, is likely to have space during peak fishing periods. Conflicts between anchored fishing vessels and log raft movements in Ulitka Bay could exacerbate the problem by further reducing the space available for anchoring fishing vessels. Unfortunately, the conflict in Ulitka Bay is not limited to log transfer facilities and anchorage space; there are also significant geoduck beds in the bay that could be affected. Ulitka Bay is the area of most serious conflict, and the uplands adjacent to the bay should therefore receive the most serious consideration for a change to upland management that does not allow timber harvest. If the Forest Service does not change its management intent for the uplands around Ulitka Bay, it will be very difficult and expensive to mitigate conflicts between use of the area as an anchorage, and timber transfer and associated facilities. If the department does permit log transfer and UNIT 8 3-45 MANAGEMENT INTENT SUBUNIT 8a ULITKA BAY 3-46 UNIT 8 associated facilities in Ulitka Bay, it will require significant mitigation measures that may make harvesting the timber from the surrounding uplands uneconomic. The conflict between the small timber transfer facilities and associated activities along the north shore of Noyes Island and the near-shore troll fishery are significant, but the limited use expected for these transfer facilities and the possibilities for mitigation will mean that troll fishermen would lose the use of parts of the area, or experience conflict with timber transfer activities, only during the few seasons when the facility is in operation. Thus, while the Forest Service should consider not harvesting timber from the uplands in this area, the conflicts here are not as significant as those in Ulitka Bay. Use of Little Steamboat Bay for log transfer and associated facilities would also cause a significant conflict with use of the bay as an anchorage by the hand troll fleet and vessels not able to find space in Ulitka Bay. Steamboat Bay does provide an alternative to anchoring in Little Steamboat Bay, so avoiding conflict by not harvesting timber from the uplands adjacent to Little Steamboat is desirable, but a lower priority than avoiding conflict in Ulitka Bay. The Forest Service's stated intent to reach the timber adjacent to Steamboat Bay from a ridgetop road and haul it south to a tim- ber transfer facility in Kelly Cove has reduced tidelands use conflicts in Steamboat Bay to a_ minimum. Therefore, the department will not urge the Forest Service to delete the uplands in this area from its timber harvest schedule. The state of Alaska may request the Forest Service to include stipulations in its timber sale schedule that control the timing of timber harvest entries and accelerate harvest in order to reduce overall impacts on commercial fishing activities. This unit is divided into four subunits. Ulitka Bay (8a), North Noyes Shoreline (8b), Little Steamboat Bay (8c), and Steamboat Bay (8d). If the Forest Service does not change its upland man- agement intent for this area, the Department of Natural Resources will manage the tide and submerged lands in each subunit as described below. Ulitka Bay will be managed to maintain its current use as a safe anchorage for the seine and troll fleets and the associated fish buyers and packers. Other uses will not significantly block or restrict the use of Ulitka Bay as an anchorage for the fishing fleet and force significant numbers of vessels to be exposed to the greater hazard and expense of using more distant and less suitable anchorages. There is no designation made for forestry in Ulitka Bay. The department has not determined whether a transfer and associated facilities will in fact be allowed in this subunit; therefore, facilities will be treated as an "other" use to be allowed or disallowed after site-specific analysis of a proposed facility. The management guidelines for this subunit give specific criteria that will be used, in addition to those found in Chapter 2, to evaluate a proposal for a transfer facility or a floating camp in Ulitka Bay. The North Noyes Shoreline subunit will be managed to maintain fish and wildlife habitat and harvest while allowing two small-scale timber transfer facilities. Siting, design and use of the timber transfer facilities will reduce conflicts with the near-shore troll fishery and impacts on geoduck beds. Timber harvest activities in this subunit should be supported from a floating camp in Steamboat Bay or Little Steamboat Bay. Since this area is an important anchorage, other activities will be timed, and log transfer and associated facilites will be sited and designed to reduce conflicts with the fishing fleets' use of the bay as an anchorage. This subunit will be managed for its continued use as an anchor- age for fish packers, fish buyers, fish processors and fishing vessels. It will also be managed to protect its significant fish and wildlife habitat values, recreation values, and subsistence values. An area in the northeastern portion of the subunit has been designated for forestry as a primary use and will be managed to accommodate a floating camp associated with timber harvest on the uplands adjacent to this and other subunits. Forestry is designated a secondary use (f2) on the shoreline of Noyes Island east of Point Incarnation to the eastern boundary of the subunit to accommodate potential A-frame logging. The northern portion of Noyes Island has been identified as a favorable mineral prospect and is blanketed by old mining claims. Existing information indicates that, should development occur, Steamboat Bay would be the preferred location for transfer of minerals. Mining has been designated as a secondary use along SUBUNIT 8b NORTH NOYES SHORELINE SUBUNIT 8c LITTLE STEAMBOAT BAY SUBUNIT 8d STEAMBOAT BAY UNIT 8 3-47 DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES SUBUNIT 8a ULITKA BAY 3-48 UNIT 8 the southeastern shore at the head of Steamboat Bay to accommo- date access for exploration. Conflicts with habitat values will be minimized. Primary and Secondary Uses Refer to the land use designation map for primary and secondary uses and fish and wildlife ratings. Prohibited Uses Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes in mapped crucial fish and wildlife habitat and har- vest areas. Subunit 8d only - log transfer facilities, log storage, log rafting and log sorting. Refer to Chapter 2 for guidelines common to this and all manage- ment units. The following guidelines apply to the specific subunits indicated: 1. Analysis of Alternatives to a Log Transfer Site in Ulitka Bay. Before an application for a tidelands lease, permit or easement for an LTS in Ulitka Bay is acted on, the applicant must submit an analysis of the alternatives to the site in Ulitka Bay. Specifically, the option of constructing a road to an LTS at Kelly Cove must be analyzed and shown to be not feasible and prudent. 2. log Transfer Site in Ulitka Bay. If the analysis required by Guideline 1 above shows there is no feasible and prudent alternative to an LTS in Ulitka Bay, and if the requirements of Fish and Wildlife guideline E: "Non-Designated Uses In Crucial Fish And Wildlife Areas" are met, then a facility for transferring timber may be allowed in Ulitka Bay. Prior to authorizing the use of state lands for a facility, the results of the site specific analysis required by Guideline 1. above will be made available to the public, and public hearings will be held in Craig and Klawock in accordance’ with AS 38.05.035(e). This analysis should be coordinated with the Corps of Engineers permitting process and the coastal consistency finding process. 5. 1. Operating a Log Transfer Facility in Ulitka Bay. To minimize conflicts with the fishing fleet, an LIF will not be permitted to operate in Ulitka Bay at the same time an LTF is operating in Little Steamboat Bay. Siting a Floating Camp_in Ulitka Bay. If feasible, timber operations adjacent to Ulitka Bay will be supported from a floating camp in Little Steamboat Bay or Steamboat Bay. If it is not feasible to support timber operations adjacent to Ulitka Bay from a camp in Little Steamboat Bay or Steamboat Bay, then a camp will be allowed in Ulitka Bay and will be sited to avoid impact- ing the area used as an anchorage by the fishing fleet. Siting Other Logging Support Facilities. The area allo- cated for construction of a oatplane dock and other facilities associated with camp development will not exceed 1.5 acres. Fill will be minimized and will not exceed 1,000 cubic yards. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilites have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. Log Transfer Facilities and Log Storage. A permit, lease or easement for S or in-water log storage will encompass no more than twenty acres each. Avoiding Conflicts Between Log Transfer and Trollers. Rafts will be limited to the minimum size feasible and be required to move frequently to avoid conflicts between trollers and log transfer, storage, sorting and rafting. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatiblity based on its design or on new habitat information. Use_of Steamboat Bay for a Floating Camp. If feasible, the floating camp needed to support operations in the uplands adjacent to the North Noyes Shoreline subunit should be located in the area designated in Steamboat Bay for forestry as a primary use. If it is not feasible, the camp may be located in Little Steamboat Bay. SUBUNIT 8b NORTH NOYES SHORELINE UNIT 8 3-49 SUBUNIT 8c LITTLE STEAMBOAT BAY SUBUNIT 8d STEAMBOAT BAY 3-50 UNIT8 1. 2. 1. Log Transfer Facilities and Log Storage. A permit, lease or easement for LTF's or in-water log storage will encompass no more than twenty acres each. Logging Support Facilities. The area allocated for con- struction of a floatplane dock and other facilities associated with camp development will not exceed 1.5 acres. Fill will be minimized and not exceed 1,000 yards. Timing of Log Transfer Facility Use. An LTF will not be in operation in Little Steamboat Bay at the same time an LTF is in operation in Ulitka Bay. Use_of Steamboat Bay for a Floating Camp. If feasible, the floating camp needed to support operations in the uplands adjacent to Little Steamboat Bay should be located in the area designated in Steamboat Bay for for- estry as a primary use. If this is not feasible, the camp may be located in Little Steamboat Bay. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatiblity based on its design or on new habitat information. Logging Support Facilities. The area allocated for con- struction of a floatplane dock and other facilities associated with camp development will not exceed 1.5 acres. Fill will be minimized and not exceed 1,000 yards. Point Incarnation Village Archaeological Site. An arch- aeologica jeld survey done in consultation with the State Historic Preservation Officer and people with local historical knowledge may be required to identify the extent of the Point Incarnation Village site prior to approval of breakout points for A-frame logging. Conflicts Between Commercial Fishing and A-Frame _Log- ging. Managers will use siting or timing restrictions to avoid conflicts between A-frame logging and purse seine hookoff points and to minimize conflicts with other commercial fishing activities. 4, Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatiblity based on its design or on new habitat information. Fish and wildlife information: Four anadromous fish stream outlets are included in this unit. This unit includes a concentrated commercial geoduck resource offshore from Noyes Island (below mean low tide to beyond the 100 foot depth) from the east side of Steamboat Bay to Ulitka Point. The State of Alaska and other entities have invested four years of survey effort and several thousand dollars into developing a commercial fishery in the planning area. The area north of Noyes Island was considered the most productive area to initiate this commercial fishery. In 1982, ADF&G estimated 3.4 million clams were concentrated along the north shore between minus 18' and minus 60'. A conservative annual quota of 60,000 pounds harvested would provide approximately $18,000 to fishermen (based on estimated return of $.30 per pound) and approximately $42,000 - $18,000 to retail markets (based on test marketing prices from $.70 to $3.00 per pound). The current management strategy for the fishery is extremely conservative because geoducks are long-lived and slow-growing. Thus removal of specific portions of the area from productivity and/or harvest would result in a reduced yield and permitted intensity of harvest for the fishery as a whole, possibly making the fishery uneconomic. The north shore of Noyes Island is a continuation of the intensive seine and troll commercial salmon fishery in the Cape Addington unit. Ulitka Bay is an extremely important anchorage for the commercial fleet during the season. Availability of an anchorage in Ulitka Bay is especially important as an emergency shelter to the commercial fleet during inclement weather. There is an average of 12 trollers anchored at Ulitka during the Salmon troll season. At times there are as many as 50 vessels anchored in Ulitka, depending on where the fish are. Those who cannot fit into Ulitka go to Hole-in-the-Wall, which is often full, or on to Steamboat Bay. There is no fish buyer at Ulitka, but there are usually four to six packers at Ulitka for the seine fleet and one or two packers for the troll fleet. When the seine fleet anchors in Ulitka, it generally displaces the trollers who move on east to Little Steamboat or Steamboat, or try to get into Hole-in-the-Wall. NOTES UNIT 8 3-51 3-52 UNIT 8 Little Steamboat Bay is used mainly as an overflow for Ulitka and is also used by a small fleet of approximately 15 handtrollers who fish along the northern shore of Noyes Island. There is a buying station tied up to the dock at the old cannery at the head of Steamboat Bay. There may be three or four packers working the area. The anchorage can accommodate 50 boats or more. The Department of Fish and Game records data based on Commercial Fishing Districts and Sub-districts. Although these geographic divisions do not directly coincide with the units of the Planning ~ area, some figures with interpretations, can be applied. For example, the Department of Fish and Game has indicated that the purse seine fishery, currently the most important fishery in the Noyes Island vicinity, has at peak period involved 246 boats operating off the west coast of Noyes Island. Based on that number of boats, the Department estimates that approximately 1,300 seasonal purse seine fishing jobs are involved. This sub-district provides a major contribution to the fishing industry as indicated by the catch figures stated as percentages (purse seine-caught salmon) of the total Southeast Region: Chum, 7%; Red, 41%; Chinook/King, 25%; Pink, 10%; Silver/Coho, 21%. At peak period, an additional 57 purse seine boats have been recorded fishing along northern and eastern Noyes Island, northern and western Lulu Island, and northwestern San Fernando Island. No information is available to determine how many boats fish in more than one subdistrict. The ex-vessel value of salmon landed in 1982 for the two subdistricts surrounding Noyes Island and the subdistrict encompassing the outer coast of Baker Island amounted to $5.6 million for fishermen, an additional $11.2 million as first wholesale return to processors, and an additional $16.2 million return to the economy in retail (Multipliers were based on the Comprehensive Salmon Plan for Southeast Alaska, 1980.) Northern Noyes and the passage between Noyes and Baker Island are primary migration routes for salmon bound for Prince of Wales Island streams. Another primary migration route for salmon bound for northern Southeast, other areas of southern Southeast, and Canada also exists along the west coast of Noyes Island. Although the west coast fishery is a “mixed stock" fishery, 1982 studies of U.S. - Canada interceptions estimated that only 7 - 11% of the pink salmon harvest were Canada-bound fish, while 64 - 74% of the sockeye harvest were Canada-bound spawners. Interception studies also documented the timing of specific runs. If the U.S. agrees to limit interception rates of Canadian fish, fisheries management flexibility may be reduced to provide specific openings to intercept Alaska-bound fish. Activities which further interfere with limited fishing periods could severely reduce harvest opportunities. Steamboat Bay is a very high density waterfowl and seabird concentration area on a seasonal basis. The Pt. Incarnation area is noted for its high concentration of abalone. O Private patented tidelands exist in Steamboat Bay (cannery site). A floatplane dock and multipurpose dock are located in the bay. The old cannery in Steamboat Bay serves as a supplier to the fishermen, and the owners have plans for Providing guiding and outfitting services to tourists for wildlife viewing or recreation in adjacent areas during other times of the year. O One heritage site has been identified in this unit: AHRS C-128 Point Incarnation Village O Timber harvest information: The USFS needs four log transfer sites (LTS's) on northern Noyes Island to provide access to its timber on the uplands. It is estimated that 75 million board feet would be transferred at Ulitka Bay. An additional 8 million board feet would be transferred at each of the two major drainages east of Ulitka Bay, within section 10. Eight million board feet would be transferred at a log transfer site in Little Steamboat Bay. UNIT 8 3-53 Unit 8: Steamboat LOCATION LAND USES LAND STATUS F —Forestry - except A-frame [_) State f —Forestry - A-frame (-) Federal-Forest Service R —Recreation - access or anchorages Private H —Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating RM -—Resource Management m-—Mining - access/exploration 1-Primary 2-Secondary ~ Anchorage » Purse Seine Hookoff USGS QUADS: Craig C-5, C-6 SCALE IN MILES adatenn 7 w oa N * oO uy * GSan Lorenzo ~ a ~ 71 STII C7) | 1? y) Pt Banta Gertrudis 9, Point 2 i : Ne “San Francisco Nees. | i ' A Oy $ 600! ! “| 3 36 geor* ' 1 ' G —N. 738 : 32 | { 1 1 2 I UNIT 9: ST. NICHOLAS State tide and submerged lands within this unit will be managed MANAGEMENT for maintenance of fish and wildlife resources, continued use of INTENT the area as an anchorage and some forestry activities. High fish and wildlife ratings exist throughout the unit. For example, there are commercial quantities of geoducks in Port Real Marina and substantial eelgrass beds along northern Baker Island. The offshore area from Kelly Cove north a mile or more is regularly occupied by a fish buying tender and 15 to 35 fishing vessels. A-frame logging activities will be accommodated along the eastern shore of Noyes Island south of Point San Francisco and outside of crucial fish and wildlife habitat and harvest areas. Other A-frame logging areas are also recognized by forestry designations along the northeast shore of Baker Island (south of rarer Island) and along the north and west shores of St. Ignace Island. One permanent site will be allowed on the southwest shore of Lulu Island for timber transfer. Additionally, one permanent resource transfer site will be allowed on the northern shore of Baker Island, southwest of Pigeon Island or at an alternate site about one mile east. The USFS anticipates a need to construct one permanent log transfer facility north of Kelly Cove. Because of the potential conflict with the fishing fleet's use of the Kelly Cove area as an anchorage, it is preferred that a log transfer site be located as far north of Kelly Cove as possible. Forestry designations have been made and guidelines written to insure alternative access options are evaluated prior to siting a log transfer facility that conflicts with existing use of the Kelly Cove area as an anchorage. Guidelines have also been written to reflect a preference for upland storage, upland sorting, upland camp facilities and other measures which minimize interference with existing use of the Kelly Cove area as an anchorage if it is the only feasible log transfer site. Primary and Secondary Uses DESIGNATED/ PROHIBITED Refer to the land use designation map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. UNIT 9 3-57 MANAGEMENT GUIDELINES 3-58 UNIT 9 O Filling state tide and submerged lands for residential purposes. O Floathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all Management units. The following guidelines apply to this specific unit. 1. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. 2. Alternatives to a Log Transfer Site at Kelly Cove. Before an application for a tiveTand Tease, permit, or easement for an LTF in Section 12 or 13, T74S, R77E C.R.M., will be approved, the applicant must submit an analysis that demonstrates it is not feasible and prudent to site the LTF in the areas designated for floating A-frame operations (f2) in Section 1, T74S, R77E; Section 31, 173S, R77E; or, Section 36, 1735S, R78E, C.R.M. This is intended to avoid conflicts with the fishing fleets' use of Kelly Cove as an anchorage. 3. Preferred Methods of Log Transfer near Kelly Cove. If the only feasible and prudent site for an LTIF 1s in Section 12 or 13, T74S, R77E, C.R.M, then, to minimize impacts on the fishing fleets' use of Sections 12 and 13 as an anchorage, upland log sort and log storage are preferred, and rafts will be kept to the minimum size feasible and moved frequently. Other siting and operating measures may be used to achieve the objective of this guideline. 4. Upland Camp near Kelly Cove. To the extent feasible and prudent, either an upland camp on the west side, or a floating camp on the east side of St. Nicholas Passage will be used to support timber harvest activities in this area. 5. Operation of Transfer Facilities near Kelly Cove and West Lulu Island. Simultaneous operation of an R near Kelly Cove and an RTF on west Lulu Island should be avoided to the extent feasible and prudent in order to prevent interference with the use of two anchorages in St. Nicholas Channel at one time. 6. Access to Private Uplands. Private land owners are guaranteed the right of access across state tidelands; however, fill used to enhance access across state tidelands will not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through review procedures. 7. Permanent Resource Transfer Facilities on Northern Baker Island. Only one of the three areas designated Fl along the northern shore of Baker Island will be used for a permanent resource transfer facility. 8. Conflicts Between Commercial Fishing and A-frame Logging. Managers will use siting or timing restrictions to avoid conflicts between A-frame logging and purse seine hookoff points and to minimize conflicts with other commercial fishing activities. 9. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. O Kelly Cove has historically been used to tie up a fish buying tender under a permit issued by the United States Forest Service. O Two heritage sites are located within this unit: AHRS C-115 Kelly Cove Village AHRS C-130 Point Mayoral Village UNIT 9 3-59 Unit 9: St. Nicholas LAND USES LOCATION F —Forestry - except A-frame f —Forestry - A-frame R —Recreation - access or anchorages H —Fish and Wildlife Habitat and Harvest a—Crucial rating c—Important rating b —Prime rating d—Range rating 1 -Primary ® Purse Seine Hookoff 2 -Secondary > Anchorage SCALE IN MILES 26 USGS QUADS: Craig B-5, B-6, C-5, C-6 San Francisc wy ‘alan? * . Dg aa onl atone ZR ma INA * Sole f2 Siketi Pr’ ” «s et ¢ at ‘> co 32 oN aay y LAND STATUS C) State () Federal-Forest Service Se carnage Port jj ©, UNIT 10: PORTILLO CHANNEL Management of state lands in this unit will focus on the maintenance of fish and wildlife habitat and harvest and recreation resources. In addition, the U.S. Forest Service's need for timber transfer on the northwest shore of San Fernando Island will be accommodated. To the extent feasible and prudent, the site will serve as the transfer point for timber harvest activities on the entire island. Primary and Secondary Uses Refer to the land use designation map for primary and secondary uses and fish and wildlife ratings. Prohibited Uses Filling state tide and submerged lands for residential purposes. Mineral location in mapped crucial fish and wildlife habitat and harvest areas. Floathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all management units. The following guidelines apply to this specific unit. 1. Anchorages: Use of anchorages depicted on the land use designation map will not be precluded. 2. Public Access to USFS Cabin at Pt. Amargura. Public access across the tidelands at Pt. Amargura to the USFS recreation cabin will not be precluded. 3. Resource Transfer Site on San Fernando Island. If an RTS for timber transfer 1s located on the northwestern shore of San Fernando Island, it will, to the extent feasible and prudent, be located between Aguirre Bay and Alargate Rocks. 4, Stream Surve in Aquirre Ba Area. If possible, an anadromous fish stream survey should be done in the Aquirre Bay area during permit review. MANAGEMENT INTENT DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES UNIT 10 3-61 NOTES O One heritage site is located within this unit: AHRS C-133 San Clemente Island O Fish and wildlife information: Thirteen anadromous fish stream outlets are located within this unit. The unit includes important rearing areas for finfish and shellfish beds, particularly in Portillo Channel, herring spawning habitat, kelp beds, a high density harbor seal concentration area, sea otter range, and abalone harvest areas. Pt. Amargura is an abalone habitat and a purse seine hookoff point. 3-62 UNIT 10 Unit 10: Portillo Channel eee LOCATION F—Forestry - except A-frame > Anchorage R—Recreation - access or anchorages ® Purse Seine Hookott r —Recreation - dispersed H—Fish and Wildlife Habitat and Harvest -N- a—Crucial rating b—Prime rating c—Important rating d—Range rating RM~—Resource Management Sat eedual € 1-Primary 2-Secondary SCALE IN MILES = -| Fern Pt Pt Miliflores USGS QUADS: Craig B-4, B-5, C-4, C-5 LAND STATUS [—) State [) Federal-Forest Service UNIT 11: TROCADERO BAY State lands in this unit will be managed to allow resource MANAGEMENT development activities while maintaining crucial fish and INTENT wildlife values for subsistence, sport, and commercial harvests, and recreational uses. Suitable tideland sites will be available for low-volume, short-term log transfer facilities within Port St. Nicholas and Trocadero Bay outside of identified crucial fish and wildlife habitat areas. Two or three permanent resource transfer facilities will be allowed in the unit. Small private islands have been given a general designation for A-frame logging. The uplands north of Trocadero Bay are mineralized with several favorable prospects adjacent to the tidelands. Mining support activities will be accommodated somewhere along the north shore of Trocadero Bay outside of crucial fish and wildlife habitat areas. Shaan Seet's disposal of lands on the north shore of Port St. Nicholas to its shareholders increases the potential for shoreline development on the adjacent tidelands. Consolidation of shoreline development facilities will be encouraged. There is a trail to a waterfall on the north shore of Trocadero Bay near Canoe Point which is used by local residents for recreation. The uplands are a potential selection for Sealaska Corporation. Access across state tide and submerged lands to the trailhead should not be precluded. Primary and Secondary Uses DESIGNATED/ PROHIBITED Refer to the land use designation map for this unit for primary USES and secondary uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. OO Floathomes in mapped crucial fish and wildlife habitat and harvest areas. UNIT 11 3-65 MANAGEMENT GUIDELINES NOTES 3-66 UNIT 11 Refer to Chapter 2 for guidelines common to this and all Management units. The following guidelines apply to this specific unit. 1. Permanent Resource Transfer Sites in Trocadero Bay and Doyle Bay. permanent site will be allowed on the south shore of Trocadero Bay to provide access to Forest Service timber; however, to the extent feasible and prudent, the facility developed at this site and any facility that may be developed on the north shore of Trocadero Bay will not be in operation at the same time. The following order of preference is established for development of resource transfer facilities to provide access to Shaan Seet and Sealaska timber and minerals: a. One site on the north shore of Trocadero Bay to provide access to Shaan Seet and Sealaska timber and minerals. b. If (a.) is not feasible and prudent, then two sites on the north shore of Trocadero Bay, with one of the two serving as a transfer site for both timber and minerals. c. If neither (a.) nor (b.) is feasible and prudent, then one site within the area designated F2 Hlb r2 on the northwest shore of Doyle Bay and one site on the north shore of Trocadero Bay. 2. Public Access to the Campsite at Doyle Bay. Public access across state tidelands to the Caapstte at Boyle Bay will not be precluded. 3. Developed Recreation Facilites in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife habitat and harvest, areas. pecific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. O Fish and Wildlife Information: This unit is heavily used by Craig and Klawock area residents for a variety of subsistence, sport, and commercial harvests. A winter herring bait fishery occurs around the Madre de Dios and Ladrones Island groups, and herring overwinter throughout Trocadero Bay. The area is also used by outfitter-guides based in Craig and Klawock for tourist sport fishing and wildlife viewing activities. All of Big Bay is a schooling area for salmon spawning in its streams. Other important rearing habitat exists along the north shore of Port St. Nicholas, at the head of Port St. Nicholas, Doyle Bay, and Trocadero Bay. Twenty-seven anadromous stream mouths are located in the unit. Trocadero Bay and.St. Nicholas watersheds have been rated as very important by ADF&G. Dungeness crab rear in Trocadero Bay, and both subsistence and commercial Dungeness and king crab harvests occur in that bay and in upper Port St. Nicholas. Trocadero Bay and Port St. Nicholas receive very high use by waterfowl and seabirds. The flats at the head of Trocadero Bay, Doyle Bay, and the bays on the south shore of Trocadero Bay have extensive productive coastal wetlands and tideflats; those at the head of Trocadero Bay have received considerable impacts from logging roads and log transfer operations. Seasonal waterfowl! concentrations in Doyle Bay and Port St. Nicholas provide for waterfowl harvest. Black bear concentrate on the flats and wetlands of Big Bay, the bay east of Big Bay, the head of Trocadero Bay, and the head of Port St. Nicholas. Port St. Nicholas Creek in Section 17, is a pink salmon pre- emergent fry sample site. The creek at the head of Trocadero Bay in Section 19, is also a pink salmon pre-emergent fry sample site. UNIT 11 3-67 Unit 11: Trocadero Bay LOCATION LAND USES LAND STATUS F —Forestry - except A-frame C7) State f—Forestry - A-frame [ Federal-Forest Service M —Mining - transfer /development m —Mining - access/exploration r—Recreation - dispersed Native Village Corporation Native Regional Corporation D—Shoreline Development 3 Nat. Reg. Corp. Overselection H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating : 1-Primary 2-Secondary > Anchorage | USGS QUADS: Craig B-3, B-4 »: ~ 5 : Lian f00 Cn Ke ; hk i ge fw J 2 ON EB, ? * Crane vis : » | BYR IW Ay r. : i : ! : i y si j i Pk rn | : Se is io. g : Ey / 5 SCALE IN MILES Paleo ee: ( Cede ees cree SANS ea =< af UNIT 12: ULLOA CHANNEL State lands in this unit will be managed to accommodate mineral and forestry resource development in key areas while mitigating the effects of those activities on recreation and fish and wildlife habitat values. Forestry and mineral transfer facilities will be accommodated along the north coast of San Juan Bautista Island. Due to over selection of the island by Sealaska, both Sealaska and the USFS have proposed RTF's on the island--Sealaska near Agueda Point and the USFS near Point Eugenia. When the overselection issue is settled, it is expected that there will be only one upland owner. Therefore, only one of the two RFT sites will be used unless it is determined that using more than one site is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. Support facilities for mineral development will also be allowed at the west shore of the cove on the southern side of San Juan Bautista Island. Other tide and submerged lands surrounding San Juan Bautista Island will be managed for forestry (potential A-frame logging), habitat, and recreation values. Two other areas in this unit will be managed to allow permanent facilities for timber transfer. Resource transfer facilities will be accommodated on the southwest shore of Port Estrella or the point south of Port Estrella on Prince of Wales Island, and in Port Refugio on Suemez Island. These two areas will also be managed for habitat and recreation resources. The head of Port Refugio and nearly all of Port Estrella will be protected as crucial habitat. Some timber may be transferred via floating A-frame at various locations within the unit. Habitat is designated a secondary use in some important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached forestry, recreation, and shoreline development facilities which have been designated a primary use. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Important habitat (Hc) will be managed as a primary use when reviewing uses which are not directly related to or necessary for the operation of a shore-attached forestry , recreation, or shoreline development facility. The important habitat resources in this unit are shrimp and Dungeness crab. In Port Refugio, important habitat resources include abalone subsistence areas and areas which receive very high density use by waterfowl and seabirds. There are halibut harvest and subsistance take areas along the south shore of San Juan Bautista Island. Managers should check the fish and wildlife habitat maps for specific locations of these areas. MANAGEMENT INTENT UNIT 12 3-71 ‘ DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES 3-72 UNIT 12 Two of the four state land selections within the planning area lie within this management unit, Port Refugio (about 820 acres) and Waterfall (about 1,540 acres). These selections are intended to be a part of the state's inventory of upland property for potential disposal and remote settlement. Management will focus on preservation of the crucial habitat on the tidelands adjacent to the state selection at Waterfall. However, due to the limited shoreline and limited water access for the state land at Waterfall, development activities will also be accommodated if the state disposes of the uplands. Any disposal of uplands should be designed to use the most suitable land available for settlement purposes while limiting effects on habitat and recreation values as outlined in the management guidelines in Chapter 2. Management for the remainder of this unit will focus on habitat and recreation resources. Primary and Secondary Uses Refer to the land use designation map for primary and secondary uses and fish and wildlife ratings. Prohibited Uses OO Filling state tide and submerged lands for residential purposes. OO Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFloathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all Management units. The following guidelines apply to this specific unit. 1. Consolidation of Resource Transfer Sites on San Juan Bautista TsTand. Only one permant resource transfer site will be allowed on the north shore of the island unless it is determined that more than one site is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. It may be placed in either area designated for forestry as a primary use (Aqueda Point or Point Eugenia). Mineral transfer facilities on the north shore of San Juan Bautista Island should be consolidated at the single site unless that would not be the most feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. 7. 8. Siting Facilities and Structures on Purse Seine Hookoff Points. To the extent feasible and prudent, facilities and structures will avoid interferring with purse seine hookoff points. Hookoff points have been identified west of Eugenia Point and on the north side of San Juan Bautista Island. Siting A-frame Breakout Points: Point Providence to Point Lomas. Logs from the uplands between these two points will, to the extent feasible and prudent, be transported by road via a permanent transfer site on the southwest shore of, or just outside of Port Estrella. If it is determined by the DNR Land Manager, in consultation with the upland owner, that it is not feasible and prudent to transfer logs from this area across a permanent transfer facility in the Port Estrella area, then A-frame breakout points may be permitted. Public Access from Port Refugio to Arena Cove. Public access across tidelands to the potential trai rom Port Refugio to Arena Cove will not be precluded. The trailhead will be identified by the USFS. Shoreline Development at Waterfall. Fill used to enhance access wi not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through review procedures. Management_of Stream Corridors on State Land. To the extent easible and prudent, buffers are to be established on each side of cataloged anadromous fish streams on state lands. These buffers are to be considered as special management zones and are to be managed for the protection of fish habitat. The widths of these zones will be determined during the land disposal planning process, and will be consistent with the pertinent guidelines in Chapter 2. Development activities within these zones must be approved on a case-by-case basis by the Division of Land and Water Management Regional Manager or his/her representative, after consultation with the Department of Fish and Game. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. UNIT 12 3-73 NOTES 3-74 UNIT 12 OHeritage sites located within this unit include: AHRS C-129 Port Estrella Village AHRS C-131 Port Refugio Village AHRS C-149 Waterfall Cannery OThere are patented uplands and tidelands at the Waterfall Cannery which include resort facilities, a floatplane dock and multipurpose dock. OFish and wildlife information: Port Estrella and Port Caldera are very productive estuaries where large numbers of salmon school and rear. Six anadromous fish streams enter these two bays and 18 additional anadromous stream outlets are located in the unit. Intensive seine and troll commercial fishing activities occur around San Juan Bautista Island which is also used heavily by Craig and Klawock residents for deer hunting. Port Estrella, Port Refugio and the Waterfall Creek area include kelp beds, shellfish beds, and important finfish rearing habitat. Port Caldera, Port Refugio and Port Estrella support very high- density concentrations of waterfowl and seabirds and waterfowl harvests. Tideflats associated with stream mouths include productive coastal wetlands and provide habitat for seasonal black bear concentrations. The bays support crab harvests: subsistence harvest of Dungeness crab in Port’ Estrella, subsistence harvest of King crab in Port Caldera, and commercial harvest of Dungeness crab in Port Refugio. Abalone are harvested along the shoreline throughout the rest of the unit. Unit 12: Ulloa Channel LOCATION LAND STATUS C) State ( Federal-Forest Service © Native Regional Corp Nat. Reg. Corp. Overselection (San Agrian 0 Island LAND USES eons! F—Forestry - except A-frame f—Forestry - A-frame M-—Mining - transfer /development R—Recreation - access or anchorages r —Recreation - dispersed S—Settlement D—Shoreline Development H—Fish and Wildlife Habitat and Harvest y a—Crucial rating c—Important rating f--------> Ws -- | ------------) Ay -- ==! hee eg fe b—Prime rating d—Range rating 1-Primary > Anchorage 2-Secondary ® Purse Seine Hookoff UNIT 13: BUCARELI BAY State lands within this unit will be managed to encourage development of forestry resources while avoiding major impacts on fish and wildlife habitat and harvest and recreation values. Portions of the four largest bays opening into Bucareli Bay will be managed to accommodate timber harvest support activities. Resource development support facilities should be located either at Port San Antonio or at Port Asumcion to serve both areas unless it is determined that sites at each location would be a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. The remainder of the coastline, including all of the open coastline along Bucareli Bay, will be managed for the preservation of fish and wildlife habitat and harvest uses and recreation values. The U.S. Forest Service anticipates the need for a permanent resource transfer site at Fortaleza Bay for timber transfer. Forestry is designated a secondary use in Fortaleza Bay to reflect concern for potential conflict between resource transfer activities and crucial habitat. The Department of Fish and Game believes more site specific information based on field studies is required to determine whether the bay is large enough to accommodate resource transfer facilities without causing unacceptable impacts on the two salmon streams that enter the bay. These concerns are recognized, and management decisions will abide by the Forest Practices Regulations (11 AAC 95.150(c)) which require that ADF&G approve, in writing, any LTF or storage site within 300 feet of an anadromous fish stream or areas known to be important for fish spawning or rearing. Habitat is designated a secondary use in some important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached forestry and recreation facilities which have been designated a primary use. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Important habitat (Hc) will be managed as a primary use when reviewing uses which are not directly related to or necessary for the operation of a shore-attached forestry or recreation facility. The important habitat resources in_ this unit are waterfowl/seabird concentration areas. Shrimp, Dungeness and king crab are present in Port San Antonio. Port Asumcion has waterfowl/seabird concentration areas; shrimp and Dungeness crab are present; and it is a commercial harvest area for abalone. MANAGEMENT INTENT UNIT 13 3-77 DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES 3-78 UNIT 13 Due to lack of information on the resource values of the submerged lands in Bucareli Bay, that area will be classified resource management until enough information is obtained to warrant a more specific classification. Primary and Secondary Uses Refer to the land use designation map for primary and secondary uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all Management units. The following guidelines apply to this specific unit. 1. Public Access from Port San Antonio to Dalton Hot Springs. Public access across tidelands to the existing footpath and the potential trail from the south arm of Port San Antonio to Dalton Hot Springs will not be precluded. 2. Public Access from Port San Antonio to Seketi Sound. Public access across tidelands to the potential trail from the north arm of Port San Antonio to Siketi Sound will not be precluded. 3. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. 4. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. 5. Resource Transfer Site in Port Asumcion. If resource trans- fer facilities are located in Port Asumcion, only one perma- nent site will be accommodated in either of the two areas where forestry is designated as a primary use unless it is determined that use of two areas is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. If a second site is proposed, an evaluation of the cumulative impacts of the proposed facilities on the fish and wildlife habitat in Port Asumcion will be specifically required. 6. Resource Transfer Site in Port Dolores. No more than one permanent site for resource transfer will be accommodated at Port Dolores unless it is determined that use of more than one site is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. 7. Resource Transfer Site in Port Santa Cruz. One permanent site for resource transfer will be accommodated at Port Santa Cruz unless it is determined that use of more than one site is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. If a second site is proposed, an evaluation of the cumulative impacts of the proposed facilities on the fish and wildlife habitat in the bay will be specifically required. O Fish and wildlife information: Twenty-five anadromous fish stream outlets are located in this unit. The lake system near Fortaleza Bay has been identified as having potential for sockeye production. The north arm of Port San Antonio receives very high use by waterfowl and seabirds and contains productive coastal wetlands. All five major bays support crab and shrimp populations. Port San Antonio supports king and Dungeness crab, while Port Dolores supports commercial harvest of Dungeness . Much of the coastline supports commercial and subsistence harvest of abalone. A high intensity seine and troll fishery is conducted around Cape Felix and southwest Suemez Island. The unnamed stream in Aguada Cove on Suemez Island (Section 20) has not yet been surveyed to determine whether it is anadromous. NOTES UNIT 13 3-79 Unit 13: Bucareli Bay LOCATION LAND STATUS -N- (—) State ([) Federal-orest Service Pt Cangreio: SCALE IN MILES LAND USES ED F —Forestry - except A-frame R —Recreation - access or anchorages r —Recreation - dispersed H —Fish and Wildlife Habitat and Harvest a—Crucialrating ¢ —Important rating b —Prime rating d —Range rating RM —Resource Management m —Mining - access/exploration USGS QUADS: Craig A-5, B-5 1 -Primary ~ Anchorage 2 -Secondary ® Purse Seine Hookoff UNIT 14: MEARES PASSAGE Management of state lands in this unit will focus on protection MANAGEMENT of fish and wildlife habitat and harvest, and recreation values. INTENT Much of the unit, especially the area along south Suemez Island from Cape Felix east through Meares Passage has very valuable habitat and recreation resources. This area has been designated an Area Meriting Special Attention (AMSA) under the provisions of the Alaska Coastal Management Program. The AMSA designation was made because of the importance of the area for subsistence harvest of seaweed, abalone, deer, mink and land otter, and unique scenic and recreation values. The basalt columns near Cape Felix, and the large sandy beaches at Arena Cove are distinctive landscapes. The area also has high visual sensitivity because of heavy boat traffic and recreational use. Management of state tide and submerged lands within the area will be consistent with the management plan for the AMSA as specified in the Hydaburg Coastal Management Plan. Within this unit there are three general areas where resource development support facilities may be located. They are in Hook Arm, Bobs Bay and on north Dall Island west of the Bush Islets. Due to weather limitations on the outer coast, a road network to east Dall or north Dall Island may be a viable option. Any resource transfer sites proposed for north Dall Island within the AMSA must be consistent with the AMSA policies. A few areas on the north and northwest coast of Dall Island are slated for possible A-frame timber harvest. Primary and Secondary Uses DESIGNATED/ PROHIBITED Refer to the Land Use Designation Map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes Refer to Chapter 2 for guidelines common to this and all MANAGEMENT Management units. The following guidelines apply to this GUIDELINES specific unit. UNIT 14 3-83 3-84 UNIT 14 1. 2. 6. 8. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. Public Access to Cabin Site at Arena Cove. Arena Cove is a potential site for a U.S. Forest Service recreation cabin, and access across tidelands to the site will not be precluded. Public Access to Arena Cove - Port Refugio Trail. Access to the potential trail between Arena Cove and Port Refugio will not be precluded. Public Access to Manhattan Arm - View Cove Trail and Campsite. Public access across tidelands adjacent to the trail easement between Manhattan Arm and the public campsite at the head of View Cove will not be precluded. Hydaburg Involvement within AMSA. The City of Hydaburg will be involved in review of all proposed actions within the Area Meriting Special Attention designated under the Hydaburg Coastal Management Program. Copies of all pertinent applications and notices will be sent to the City during the review process. Permanent Resource Transfer at Bobs Bay - North Dall Island. Forestry designations for location of a resource transfer site have been made in two sections of Bobs Bay as well as on North Dall Island in Meares Passage. It is intended that these designations be alternative sites for a single facility to be sited on Dall Island north of Diver Bay. Only one of the two sites will be used unless it is determined that using both sites is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. If the AMSA criteria can be met, the Meares Passage location is preferred over any location in Bobs Bay. Offshore Fisheries Conservation Zones. Areas designated Resource Management offshore of the outer coast will be managed as a fisheries conservation zone under the Alaska Coastal Management Program. O Six heritage sites have been identified in this unit: NOTES AHRS C-94 Cape Lookout Village 110 Hook Arm Village 121 Meares Passage Village 122 Meares Seasonal Village 132 Ridge Island Village 140 Suemez Island Village O Fish and wildlife information: Twelve anadromous fish stream outlets are located in the unit. A commercial seine fishery occurs in the area, with many hookoff points. Important salmon rearing habitat exists around Ulloa Island. An intensive commercial fishery for abalone occurs along the rocky outer coastline of Dall Island, the outer portions of all bays, and the shores of Meares Passage. Several high-density use areas for harbor seals are included in the unit. Two seabird colonies are located in the unit, at Millar Rocks and on East Diver Island. UNIT 14 3-85 Unit 14: Meares Passage LAND USES LAND STATUS bey | F—Forestry - except A-frame [ State f—Forestry - A-frame (>) Federal-Forest Service R—Recreation - access or anchorages {YX Native Regional Corporation r —Recreation - dispersed H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating RM—Resource Management 1-Primary +> Anchorage 2-Secondary ® Purse Seine Hookoff 0 1 2 3. 4 5 16 IN MILES SCALE rl © Mylar Res UNIT 15: SODA BAY State lands in this unit will be managed for fish and wildlife MANAGEMENT habitat and harvest, and resource development support facilitites INTENT outside crucial fish and wildlife habitat and harvest areas. A designation has been made for a resource transfer site on the south shore of Shelikof Island. A-frame breakouts are allowed on the east shore of Shelikof Island; however, consolidating log transfer at the site on the south shore is preferable to A-framing in that area. A designation has been made for a resource transfer site on the south shore of Soda Bay. However, if feasible and prudent, transporting the timber by road to the Saltery Point transfer facility is preferred. Tidelands of small private islands have been given a general designation for A-frame logging. There is mineral potential in the uplands north of Soda Bay, and a designation has been made for access for mineral exploration. Soda Bay contains very productive habitat, including geoduck beds, eelgrass, and kelp beds adjacent to many of the shallow areas around the rocky islands in Soda Bay. Primary and Secondary Uses DESIGNATED/ : : ; PROHIBITED Refer to the Land Use Designation Maps for primary and secondary USES and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFilling state tide and submerged lands for residential purposes. O Floathomes 1. A-frame Logging on the East Side of Shelikof Island. To the MANAGEMENT extent feasible and prudent, timber harvested from the east GUIDELINES side of Shelikof Island will not be A-framed, but will be transported by road to the approved permanent resource transfer site on the south shore of the Island. UNIT 15 3-89 NOTES 3-90 UNIT 15 2. Permanent Resource Transfer Site on the South Shore of Soda Bay. Timber harvested from this area should be transferred by the most feasible and prudent method considering impacts to upland and marine fish and wildlife habitat and harvest areas. The following alternatives for transfer are in order of preference. a. Transport by road to existing Saltery Point log transfer facility. b. Transfer from one of the two areas proposed for forestry on the south shore of Soda Bay. c. Transfer from both areas designated for forestry on the south shore of Soda Bay. 3. Mineral Exploration and Transfer Activities on the North Shore of Soda Bay. Access for mineral exploration will be allowed in the area designated for minerals on the north shore of Soda Bay. However to the extent feasible and prudent, minerals will be transported by road to the Saltery Point transfer site, or to another existing transfer site. Permanent mineral transfer facilities or tailings disposals will not be allowed at the designated area on the north shore unless determined compatible through review procedures. 4. Evaluation of Cumulative Impacts of A-frame Logging. Before granting a permit for an A-frame breakout point the DNR Land manager will, in consultation with ADF&G, determine the cumulative impact of the A-frame breakout points proposed for that operating season. A-frame breakout points will be permitted if: a. there is no significant cumulative impact to high value fish and wildlife resources; or b. the benefits of developing the facilities outweigh the cumulative negative impacts; or c. there is no feasible and prudent alternative; and d. all feasible and prudent measures have been taken to minimize the cumulative negative impacts of the facilities. Fish and wildlife information: Eleven anadromous fish stream outlets are located in the unit. Shallow, productive areas with eelgrass beds are located in the vicinity of Shelikof Island, the unnamed island to the northeast, and outer Soda Bay/Tlevak Straits. Soda Bay recieves very high use be waterfowl and seabirds, and has productive coastal wetlands associated with stream deltas. The islands in outer Soda Bay and the shoreline are abalone harvest areas. Unit 15: Soda Bay oe LOCATION F_Forestry - except A-frame f_Forestry - A-frame M~_ Mining - transfer /development m_— Mining - access/exploration H_Fish and Wildlife Habitat and Harvest a—Crucial rating ¢—Important rating b_—Prime rating d—Range rating eee 1-Primary ® Purse Seine Hookoff 2-Secondary 7 P| Lie : Fl 3h) Be yas ey © rand. Hib x wet a : r Natalia l_*. C SAKN a alee 7 : i 7 7 i peng tive Ha Shee hs USGS QUADS: Craig A-3, A-4, B-3, B-4 ‘ ' Of Islands Nateliaget ae Ps Nd Se LU ic Mere . t Bory OU; Ae ----- A & Be ear on LAND STATUS : fe : ‘ C) State (- Federal-Forest Service {-{\) Native Regional Corporation Nat. Reg. Corp. Overselection UNIT 16: BREEZY BAY State lands in this unit will be managed to allow two permanent MANAGEMENT resource transfer sites, one in North Bay and one in Breezy Bay. INTENT Topography requires that most of the uplands along the coast will be A-frame logged, so A-frame breakout points will be allowed. Mineral resource development will be accommodated with potential transfer facility locations in North Bay and Breezy Bay and various exploration access locations throughout the unit. This unit contains important commercial salmon harvest areas. There are also areas important for subsistence harvest of abalone located sporadically throughout the area. The unit will be managed to maintain fish and wildlife habitat and harvest activities. Habitat is designated a secondary use in some important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached forestry and mining facilities which have been designated as a primary use. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even where habitat is designated a secondary use in important fish and wildlife habitat areas (Hc), it will be managed as a primary use when reviewing uses which are not directly related to or necessary for the operation of shore-attached forestry or mining facilities. The important habitat resources in this unit are shrimp, and waterfowl/seabird concentration areas in Farallon Bay and north of Hassler Pt. Managers should check the fish and wildlife habitat maps for specific locations of these habitat areas. It is important to note that designation of state tidelands for public recreation use does not confer the right to use private uplands for public recreation. Primary and Secondary Uses DESIGNATED/ ! PROHIBITED Refer to the land use designation map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Floathomes O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. UNIT 16 3-93 MANAGEMENT GUIDELINES 3-94 UNIT 16 Filling state tide and submerged lands for residential purposes. 1. Consolidation of Log Transfer Sites in North Bay. Log transfer activities in North Bay will be consolidated at one site, and all upland owners will use that site unless it is determined that use of more than one site is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. The site which has previously been used on the south shore of North Bay, in Section 7, should be evaluated before a different site is chosen in North Bay. A-frame Breakout Points on the North Shore of North Bay. To avoid conflicts with purse seine hookoff points, A-frame breakout points will, to the extent feasible and prudent, be located west of Hassler Point at the mouth of North Bay. Consolidation of Resource Transfer Sites in Breezy Bay. Log and mineral transfer facilities will be consolidated at one site on the south shore of Breezy Bay unless it is determined that more than one site is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. Before allowing an additional transfer facility for minerals in the unnamed bay south of Breezy Bay, land managers will ensure that the option of consolidation of mineral transfer and log transfer facilities in Breezy Bay has been evaluated and rejected as not feasible and prudent. However, access for mineral exploration will be allowed from the south shore of the unnamed bay south of Breezy Bay. A-frame Logging in Breezy Bay. An A-frame breakout point will be allowed on the east side of the small island at the head of Breezy Bay. To the extent feasible and prudent, managers will avoid placing A-frame breakout points elsewhere on the island. Conflicts Between Commercial Fishing and A-frame Logging. To the extent feasible and prudent, managers will use siting or timing restrictions to avoid conflicts between A-frame logging and purse seine hookoff points and to minimize conflicts with other commercial fishing activities. Anchorages. Use of the anchorages depicted on the land use designation map will not be precluded. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. O Fish and wildlife information: NOTES Nine anadromous fish stream outlets are located in the unit. The stream at the head of Breezy Bay is a productive pink and chum salmon stream, as is the stream south of Breezy Bay. The inner portion of Breezy Bay west of an unnamed island is shallow and productive habitat . Juvenile salmon rear along the coastline. Two harbor seal concentration areas are located in the unit. North Bay and Farallon Bay provide habitat for concentrations of shrimp. Breezy Bay provides for subsistence harvest of Dungeness crab. Breezy Bay also provides for seasonal concentrations of waterfowl] and harvest areas. Tlevak Straits is an intensive commercial seine and troll fishery area, and a feeding concentration area for waterfowl and seabirds, some of which breed on Forrester Island. UNIT 16 3-95 — Unit 16: Breezy Bay LAND USES F—Forestry - except A-frame f—Forestry - A-frame M—Mining - transfer /development m-—Mining - access/exploration R—Recreation - access or anchorages r—Recreation - dispersed H—Fish and Wildlife Habitat and Harvest a—Crucial rating c—Important rating b—Prime rating d—Range rating 1-Primary ~ Anchorage 2-Secondary ® Purse Seine Hookoff QUADS: Craig A-3, A-4 USGS 8. Art Channel | 2 mag eno “¥Cone Mtn LAND STATUS LOCATION C) State (-) Federal-Forest Service {XY Native Regional Corporation Nat. Reg. Corp. Overselection ? Lively rn “e@ Islands x i SCALE IN MILES & UNIT 17: HYDABURG Management of state lands in this unit will emphasize fish and MANAGEMENT wildlife habitat and harvest, but will also accommodate forestry INTENT and other resource development support facilities. Designating an area in North Pass for a log transfer site (LTS) is very controversial because of other significant resource values and uses. Therefore, before the decision is made to locate an LTS in the area designated for forestry as a secondary use in North Pass, the option of transporting timber to an alternate LTS must first be evaluated and rejected. The secondary designation indicates that location of a transfer site in North Pass is a less desirable option. Natzuhini Bay is a particularly productive bay that is extremely important to local residents for subsistence and commercial harvest of fish and wildlife resources. The road system will extend along both sides of Natzuhini Bay and should thus remove the need to site permanent resource transfer facilities on the Bay. Most of the unit to the north, northeast and east of Goat Island contains either kelp, eelgrass or shellfish beds, and crab concentrations. Small private islands in this unit have been given a general designation for A-frame logging. Haida Corporation and others may also need A-frame breakout points on Goat Island and Sukkwan Island. Forestry is designated a secondary use on most of the shore of Sukkwan Island. Siting A-frame breakout points here is anticipated to be less difficult than on Goat Island, which has more significant competing resource uses and values. Primary and Secondary Uses DESIGNATED/ . : i : : PROHIBITED Refer to the land use designation map for this unit for primary USES and secondary uses and fish and wildlife ratings. Prohibited Uses O Floathomes O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. : O Filling state tide and submerged lands for residential purposes. UNIT 17 3-99 MANAGEMENT GUIDELINES NOTES 3-100 UNIT 17 Refer to Chapter 2 for guidelines common to this and all management units. The following guidelines also apply to this specific unit. 1. Siting of Support Facilities for North Pass Timber Harvest. Siting of an LTF in the area designated F2 south of Section 35, T75S, R82E, CRM is extremely controversial because of the habitat values and other uses of the area. Therefore, the following options will first be evaluated and rejected as not feasible and prudent before a transfer site is approved in the conflict area: 1) transporting timber to the Saltery Point log transfer facility; 2) siting a log transfer facility in the area designated for forestry west of Horseshoe Island; or, 3) siting a log transfer facility east of the conflict area in Section 36, T76S, R82E, CRM. Other methods which do not require use of the conflict area designated F2 should also be considered. 2. Minimize Tide and Submerged Lands Use in North Pass. If the facility is authorized in the area designated F2 in North Pass, uplands will, to the extent feasible and prudent, be used for sorting and storing logs, and for other support activities unless it is determined that in-water sorting and storage is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. The amount of tide and submerged lands used for transfer activities will be minimized. 3. Visual Impacts in Natzuhini Bay. Management decisions in Natzuhini Bay and South Pass should take into consideration impacts on visual quality. To the extent feasible and prudent, impacts on visual quality will be considered in siting and design of facilities on state tide and submerged lands. 4. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. 5. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. O Eight heritage sites are found in this unit: C-138 South Pass Burial C-124 North Pass Village C-12 Island Burial/Sukkwan C-126 Natzuhini Bay Village Narrows C-14 Sukkwan Village C-27 Hydaburg C-141 Sukkwan Narrows Burial C-105 Goat Island Villaye O The City of Hydaburg has implemented a Coastal Management Program which outlines management of tidelands within their district boundaries. Tidelands immediately seaward of lands within the city boundaries are patented to the City of Hydaburg. Developed marine facilities at Hydaburg include a floatplane dock, multi-purpose dock and a small boat harbor. O There are no state tidelands and little if any state submerged lands within the Hydaburg District Coastal Management Program boundaries. ; O The Hydaburg River tideflats, an AMSA approved by the Coastal Policy Council, is located within this unit; however, the tidelands are owned by the City of Hydaburg. O Fish and Wildlife Information: Most of the unit to the north, northeast, and east of Goat Island (North Pass-Natzuhini Bay) is shallow and productive with extensive kelp and eelgrass beds, important salmon rearing areas, clam beds, shellfish beds, crab rearing and harvest areas, seasonally high concentrations of waterfowl and seabirds, and numerous eagle nest trees in the beach fringe. The U.S. Fish and Wildlife Service has conducted a shoreline survey of Natzuhini Bay and mapped the eelgrass bed locations. Thirteen anadromous fish stream outlets, most of which have extensive productive tideflats, are located within the unit. The area is used intensively for sport fishing and for subsistence harvest of crabs, abalone, and mussels by Hydaburg residents. UNIT 17 3-101 LOCATION LAND STATUS C_) State (5) Federal-Forest Service ZZ Native Village Corporation &Y Native Regional Corporation ih Nat. Village Corp. Overselection Nat. Reg. Corp. Overselection F —Forestry - except A-frame f—Forestry - A-frame M—Mining - transfer /development «—Recreation - dispersed R—Recreation - access or anchorages H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating bingepAH :Z] #uN 1-Primary > Anchorage 3 2-Secondary P Purse Seine Hookoff UNIT 18: HETTA INLET State lands in this unit will be manged to maintain fish and wildlife habitat and harvest while allowing support facilities needed to accommodate development of upland resources. Tideland sites will be available for mineral and timber development support activities within designated areas. The unit contains numerous anadromous fish streams and extensive crucial habitat for salmon rearing. Subsistence and commercial harvest activities are intensive, and extensive kelp beds are present in a number of areas within the unit. These beds are noted specifically along the east shore of Hetta Inlet north of Corbin Point, and from approximately one-half mile south of Simmons Point to approximately one-quarter mile north of Copper Harbor. The Hetta Cove/Eek Inlet areas have been designated an Area Meriting Special Attention under the Hydaburg Coastal Management Program. The basis for designation of the AMSA is the importance of the area for traditional and customary subsistence harvest of sockeye salmon, mink, marten and land otter. Management of state tide and submerged lands within the Hetta Cove/Eek Inlet AMSA will be consistent with the AMSA management plan. Additionally, Hetta Cove and those waters in the immediate vicinity used by salmon for schooling will be protected from any significant impacts associated with development activities. Critical fish spawning and schooling areas and subsistence use areas should be protected from significant impacts within the Hetta Cove/Eek Inlet areas. Habitat is designated a secondary use in important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached forestry, mining or recreation facilities which have been designated a primary use . Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even where habitat is designated a secondary use in important fish and wildlife habitat and harvest areas (Hc) it will be managed as a primary use when reviewing uses which are not directly related to or necessary for the operation of a shore-attached forestry, mining, or recreation facility. The important habitat resources in this unit are areas used for subsistence harvest of abalone in outer Copper Harbor, shrimp fishery areas from Copper Harbor to Corbin Point, and areas used for subsistence harvest of Dungeness crab along the eastern shore from Jumbo Island north to Dall Island. All of these areas also have waterfowl/seabird concentrations. MANAGEMENT INTENT UNIT 18 3-105 SUBUNIT 18a SUBUNIT 18b SUBUNIT 18c DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES 3-106 UNIT 18 This subunit includes approximately two miles of the east side of Hetta Inlet from just north of Jumbo Creek to the point where Hetta Inlet bends to the east. Some of the resource agencies are concerned that a sill in the vicinity of Jumbo Island (see Notes) may restrict flushing of upper Hetta Inlet. Present information indicates transfer options for timber and minerals require siting north of or adjacent to Jumbo Island within crucial habitat near the mouth of Jumbo Creek. Additional field information will be required to locate the best site for an RTF. This subunit includes approximtely three miles of the eastern shore of Hetta Inlet from the southern boundary of Hetta Cove AMSA south to the section line just north of Cedar No. 2. This subunit includes approximately four miles of the eastern shore of Hetta Inlet from the section line just north of Cedar No. 2, south to Lime Point. Primary and Secondary Uses Refer to land use designation maps for primary and secondary uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFilling state tide and submerged lands for residential purposes. OF loathomes. Refer to Chapter 2 for guidelines common to this and all management units. The following guidelines also apply to this specific unit and to the subunits: 1. Consolidation and Joint Use of Resource Transfer Sites. If upland mineral exploration and development occurs, consolidation and joint use of resource transfer sites will be encouraged unless it is determined that separate sites are a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. 2. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. 5. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. Access to Private Uplands. Private landowners are guaranteed the right of access across state tidelands; however, fill used to enhance access will not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through review procedures. Design of Access Structures at Sulzer Passage. Any structure placed on tide or submerged lands for access to private uplands in Sulzer Passage will be designed to allow fish passage and should not interfere with flushing. Gould Island Timber Access. There may be a need to access timber on Gould Island. If feasible and prudent, a system will be used that does not utilize in-water transfer. The possibility of a bridge connecting Gould Island with the southern shore of Hetta Inlet to accommodate timber access needs will be considered. Use _of Fill at Inner Copper Harbor. Use of fill for any proposed structure on tide or submerged lands at inner Copper Harbor will not be allowed unless determined compatible through review procedures. Consolidation of Resource Transfer Sites in Upper Hetta Inlet. Until an interconnected road system eliminates the need for a resource transfer site in Upper Hetta Inlet, all RTF's which require the use of state tide and submerged lands will be consolidated at the existing site near Sulzer unless it is determined that another site(s) is a more feasible and prudent alternative, considering impacts to upland and marine fish and wildlife habitat and harvest areas. Review of Log Transfer Operations near Sulzer. Log transfer Operations near Sulzer in upper Hetta Inlet will be monitored for excessive accumulations of bark and other debris which would cause unacceptable environmental impacts. This review will take place every other year beginning the second year of operation, and will include review of feasible and prudent alternatives including use of another dump site or an interconnected road system that would eliminate the need for this facility. Appropriate mitigation measures may be required as a result of the review. Anchorages. Use of anchorages depicted on the land use designation maps will not be precluded. UNIT 18 3-107 SUBUNIT 18a SUBUNIT 18b 3-108 UNIT 18 1. Siting, Design and Operation of Resource’ Transfer Facilities. Due to reported poor flushing characteristics in the area, resource development support facilities should be sited, designed and operated in a manner to minimize bark deposition. : 2. Public Access to Jumbo Creek Campsite. Public access across tidelands to the Jumbo Creek campsite will not be precluded. 3. Resource Transfer Site near Jumbo Creek a) Adequate protection of the anadromous fish habitat will be a criterion for location of any facility in the vicinity of Jumbo Creek. To the extent feasible and prudent, facilities will avoid eelgrass beds. Land managers are reminded of the Forest Practices Regulations (11 AAC 95.150 (c)) which require ADF&G approval, in writing, of any LTF or storage site within 300 feet of an anadromous fish stream or areas known to be important for fish spawning or rearing. b) Prior to authorization of facilities on state tide or submerged lands, the DNR manager, in consultation with other resource agencies, should consider obtaining updated information through new dives which compare the present condition of the bottom with that documented in the 1974 dives by USF&wWS. c) Log sort, log storage, and camp facilities associated with a transfer facility will be located on the uplands unless it is determined that in-water sites are more feasible and prudent alternatives considering impacts to upland and marine fish and wildlife habitat and harvest areas. 1. Permanent Resource Transfer Sites Limited. There will be only one resource transfer site allowed within this area unless it is determined that more than one site is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. 2. Conflicts between Commercial Fishing and Development Activities. Because this area receives heavy purse seine use, any development activities on tide and submerged lands should take measures to minimize conflicts with the fishing activity. These measures may include timing restrictions or other means. 1. Conflicts Between Commercial Fishing and Development Activities. Because this area receives heavy purse seine use, any development activities on tide and submerged lands should take measures to minimize conflicts with purse seine activity. These measures may include timing restrictions or other means. 2. Tailings Disposal Areas and Permanent Resource Transfer Sites Limited. In areas where mining is designated as a secondary use, mineral exploration activities will be allowed. Permanent transfer facilities and tailings disposal in those areas will not be allowed unless determined compatible through review procedures. O Several patented mining claims exist in the unit. O Seven heritage sites are located within the unit: AHRS C-3 Hetta Inlet Pictographs C-4 Copper City C-25 Eek Inlet Village C-26 Hetta C-49 Sulzer Townsite C-99 Copper Harbor Pictograph C-108 Hetta Point Petroglyphs O Two dives have been made on the south shore of Deer Bay by National Marine Fisheries. Those sites were found unsuitable for the location of resource transfer facilities. O Fish and wildlife information: Thirteen anadromous fish stream outlets are located within the unit. The National Marine Fisheries Service has recommended against log transfer facilities north of Jumbo Island. Field investigations in Hetta Inlet, including dives at three locations, were conducted in 1974 by the U.S. Fish and Wildlife Service. The dive sites were Deer Bay, Copper Harbor (two locations), and Jumbo Island (three locations). Although the dive reports indicated there was approximately 3" of litter composed of bark and wood debris under a log raft in the vicinity of Jumbo Creek, the report does not specifically document poor flushing action in the area north of Jumbo Island. According to the U.S. Fish and Wildlife Service, Hetta Inlet is typical of many fjord-type inlets with a series of basins from the mouth to the terminus. Jumbo Island creates the first major constriction of. the inlet, and it coincides with a sill rising from the inlet floor. At the sill, the depth is 180 feet, while just inside the sill (an inner basin) the depth is 360 feet. SUBUNIT 18c NOTES UNIT 18 3-109 3-110 UNIT 18 The area around and east of Gould Island is described as shallow and restricted, and the report recommends that Portage Bay be avoided as a log rafting or dumping site because of poor flushing action due to the restricted passage at Gould Island. The Eek Lake - Hetta Inlet Area Meriting Special Attention was approved based on the importance of the area for traditional and customary subsistence harvests of salmon and furbearers. The stream and lake systems and estuarine rearing and schooling areas provide crucial habitat for salmon. Hetta Lake and Creek is the largest sockeye salmon producing system in the general area, with four distinct units. It is one of the prime candidates for enhancement through lake fertilization. Eek Inlet has also been considered for possible aquaculture development. Both systems are considered among the highest quality sport fish watersheds in Southeast Alaska. Hetta Lake Creek, within Sections 22 and 27, is a pink salmon pre-emergent fry sample site. Salmon rearing habitat is present in Deer Bay, Copper Harbor, and Portage Bay. Portage Bay is a very important producer of pink salmon. Portage Creek, Section 18, is a pink salmon pre-emergent fry sample site. The shoreline on the eastern side of Hetta south of Hetta Cove is intensively used by purse seiners. Extensive kelp beds are present at the mouth of Copper Harbor and south of Corbin Point. The upper portion of Hetta Inlet north, south, and west of Gould Island is shallow and productive, with extensive kelp beds. Unit 18: Hetta Inlet USGS QUADS: Craig A-2, A-3, B-2, B- LAND STATUS ) State [) Federal-Forest Service ZZ Native Village Corporation {© Native Regional Corporation Nat. Reg. Corp. Overselection Private LAND USES F—Forestry - except A-frame f—Forestry - A-frame M—Mining - transfer /development m—Mining - access/exploration R—Recreation - access or anchorages D—Shoreline Development H—Fish and Wildlife Habitat and Harvest a—Crucial rating c—Important rating b—Prime rating d—Range rating 1-Primary Anchorage 2-Secondary Purse Seine Hookoff UNIT 19: NUTKWA INLET State lands in this unit will be managed to allow resource development support facilities, while maintaining some of the most valuable fish and wildlife habitats in their natural state, and mitigating impacts of development on other important habitats and uses. Management of this unit will also recognize important mineral deposits and allow up to four permanent resource transfer sites to transport timber and minerals from the uplands. The unit will also be managed to allow A-frame breakout points in some areas. Nutkwa Inlet is a highly productive and heavily used estuarine area where significant resource development is _ proposed. Therefore, management of the unit will make special efforts to address cumulative impacts of incremental development decisions to ensure the least negative impact to productivity and use of the estuary and its resources. This unit supports important runs of salmon and receives intense purse seine use and subsistence harvest of salmon, bottom fish, shrimp, abalone and crab. Nutkwa Inlet and Keete Inlet both support significant concentrations of abalone. Nutkwa and Nutkwa Creek North, together have peak escapements of over 350,000 pink salmon. In comparison, only seven other streams in the Southeast Region have escapements over 250,000 pinks. Juvenile and returning adult salmon school along the coastline on both sides of the Inlet, where the adults are harvested by an intensive terminal purse seine fishery. The Alaska Department of Fish and Game reports that 283 trollers and 146 purse seiners use the area from Kassa Inlet to, and including, Nutkwa Inlet. Therefore, DNR managers should consider potential conflicts with commercial fishing activities when making decisions about A-frame sites in this unit. Habitat is designated a secondary use in important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached recreation facilities which have been designated a primary use. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even where habitat is designated a secondary use in important fish and wildlife habitat and harvest areas (Hc) it will be managed as a primary use when reviewing proposals for uses which are not directly related to or necessary for the operation of a shore-attached recreation facility. The important habitat resources in this unit along the eastern shore MANAGEMENT INTENT UNIT 19 3-115 DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES 3-116 UNIT 19 from Keete Island south to Has triangulation point are waterfowl/seabird concentration areas, bottom fish harvest areas, and areas where Dungeness crab are present. Forestry is designated a primary use (Fl) on the west head of Nutkwa Inlet because this site is considered to have the best potential for meeting the resource transfer needs of all the landowners in the area. Forestry is designated a secondary use at an alternate transfer site along the shore of Nutkwa Inlet north of Keete Inlet in case it does not prove feasible to build a timber haul road north across Nutkwa Falls to the transfer site at the west head of the Inlet. Primary and Secondary Uses Refer to the land use designation maps for primary and secondary uses and fish and wildlife ratings. Prohibited Uses O Resource development support facilities except for A-frame harvest at purse seine hookoff points. O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes. 1. Joint Use of a Log Transfer Site at the Head of Nutkwa niet. o the extent feasible and prudent, only one resource transfer site will be allowed in the area designated Fl at the head of Nutkwa Inlet. Joint use of facilities will be considered during the permitting process. This area is reported to be a schooling area for salmon from the Nutkwa Lagoon system. Impacts to schooling fish should be considered in the permit review process, and mitigated to the extent feasible and prudent. 2. Consolidated Use of Transfer Sites in Nutkwa and Keete Inlets. Transfer sites needed for mineral development in Nutkwa Inlet and Keete inlet will, to the extent feasible and prudent, be consolidated with log transfer sites. 3. Mineral Exploration Activities. In areas where mining is destgnated as a secondary use, mineral exploration activities will be allowed. Permanent transfer sites and tailings disposal in those areas will not be allowed unless determined compatible through review procedures. 10. Log Storage at the Head of Nutkwa Inlet. Logs will, to the extent feasible and prudent, be stored on uplands and not on tidelands or submerged lands at the head of Nutkwa Inlet. Bridge over Nutkwa Lagoon or Inlet. If a bridge is constructed across Nutkwa Lagoon (above the falls) or Nutkwa Inlet (below the falls) it will, to the extent feasible and Prudent, span the water and require no fill of tide or submerged lands. The bridge will be constructed to allow passage of boats that have traditionally navigated the falls at high tides. Public Access along Nutkwa Falls. Public access across state tidelands to the proposed trail from the east side of Nutkwa Falls to Nutkwa Lagoon will not be precluded. A-frame Logging in Nutkwa Inlet, Keete Inlet, Hassiah Inlet and Mabel Bay. To avoid conflicts with fishing activities, only one A-frame or permanent transfer site will be active in Nutkwa Inlet; only one A-frame or permanent transfer site be active in Keete Inlet; only one A-frame or permanent transfer site will be active in Mabel Bay, and only one A-frame will be active in Hassiah Inlet during purse seine openings (also see guideline on permanent transfer sites in Keete Inlet). Permanent Resource Transfer Sites and Storage Areas in Keete Inlet. Because steep terrain makes it difficult to construct roads, there are two permanent log transfer sites proposed in Keete Inlet, one on the north shore and one on the south shore. To the extent feasible and prudent, only one of these sites will be developed to serve all resource transfer needs in Keete Inlet. If it is determined that two sites are needed in Keete Inlet, the two sites will, to the extent feasible and prudent, use one storage area. Logging Camps. Logging camps will, to the extent feasible and prudent, be located on the uplands unless it is determined that a floating camp is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. Evaluation of Cumulative Impacts. Before approving a lease, permit or right-of-way for a permanent resource transfer site or A-frame breakout point in this unit, the land manager will consult with ADF&G@ and other appropriate agencies and determine whether: A) There are no significant cumulative negative impacts to significant fish and wildlife resources; or B) the benefits of developing the facility outweigh the cumulative negative impacts of developing the facility; or UNIT 19 3-117 C) there is no feasible and prudent alternative to developing the facility; and D) all feasible and prudent steps have been taken to reduce negative impacts of the facility. 11. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. 12. Access to Private Lands. Private landowners are guaranteed the right of access across state tidelands; however, fill used to enhance access will not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through siting procedures. 13. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. 14. Conflicts between Commercial Fishing and A-frame Logging. Land managers will use siting or timing restrictions to avoid conflicts between A-frame logging and purse seine hookoff points and to minimize conflicts with other commercial fishing activities. A-frame transfer facilities north of Lime Pt. and south of Section 15 on the west shore of Nutkwa Inlet will not operate during purse seine openings in that area. 15. Consider Other Timber Transfer Methods. Other methods of timber transfer will be evaluated and must have been rejected as not feasible and prudent before A-frame sites will be approved in the area described in Guideline 14 above. 16. Restrictions on A-frame Operations. No accumulation of materials from A-frame operations that could foul or damage purse seine nets or will cause hazards to fishing boats will be allowed in the area described in Guideline 14 above. NOTES O Three heritage sites are located within this unit: AHRS C-30 Keete Inlet Village and Petroglyph AHRS C-120 Lower Keete Village AHRS C-125 North Pass Village OA 25' trail easement is located along the east side of Nutkwa Falls for a proposed trail to Nutkwa Lagoon. 3-118 UNIT 19 O Fish and wildlife information: Thirteen anadromous fish stream outlets are included in the unit. Nutkwa Lagoon provides overwintering habitat and rearing for trout. Trumpeter swan overwintering habitat, which is limited to a few areas in Alaska, is present in Nutkwa Lagoon. Upper Nutkwa provides important rearing and schooling habitat for juvenile salmon from the productive Nutkwa system. Nutkwa Lagoon is shallow and productive, with 100% of the area less than 60 feet deep. Nutkwa Inlet is a very important producer of salmon, containing important spawning and rearing habitat. In 1983, Nutkwa Creek escapement exceeded 100,000 pink salmon. Juvenile salmon rear along both sides of the inlet, at the head, and in Keete Inlet. The shoreline of Nutkwa Inlet is used intensively by purse seiners as far north as current fishery closure boundaries allow. A high-density use area for harbor seals exists along the north shore of Keete Inlet. Inner Keete Inlet, along the south shore, portions of inner Hassiah Inlet, and Mabel Bay, are Productive shallow areas with subtidal aquatic vegetation. The entire area is used intensively for subsistence and commercial harvests of salmon, bottom fish, shrimp, abalone, and crab. Nutkwa and Keete Inlet have important concentrations of abalone. The creek at the head of Nutkwa Lagoon, Section 33, is a pink salmon pre-emergent fry sample site. The upper watershed of the Nutkwa system has been identified as a class I Value Comparison Unit. UNIT 19 3-119 Unit 19: Nutkwa Inlet LOCATION SCALE IN MILES LAND STATUS (— State () Federal Forest Service (€Y Native Regional Corporation LAND USES F—Forestry - except A-frame f —Forestry - A-frame M—Mining - transfer /development m—M ining - access/exploration R—Recreation - access or anchorages r —Recreation - dispersed D—Shoreline Development H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary 2-Secondary > Anchorage © Purse Seine Hookoff UNIT 20: BLANKET ISLAND Management of state lands in this unit will emphasize fish and wildlife habitat and harvest and recreation values. There are numerous anadromous stream outlets in the unit, and there is productive habitat for otter, seabirds and marine mammals. Because of the units proximity to Hydaburg, fish and wildlife resources are intensely used for various subsistence activities. Sites for support facilities for development of upland resources will be provided at strategic locations within the unit. A concentration of resource transfer and support facilities has been developed along the north side of Saltery Point. Developments in that area include ship mooring, a dock and log storage, and a second log storage area across Sukkwan Strait in the Crab Trap Cove area. All of these facilities are within the Saltery Point-Crab Trap Cove Area Meriting Special Attention. as designated in the Hydaburg Coastal Management Program. This AMSA was designated because of its importance to residents of the area for subsistence use of salmon, crab, clams and cockles, and for its recreational value. The AMSA also gives special recognition to the substantial industrial developments, both existing and planned, within the area. Management of state tidelands within the AMSA will be consistent with the management plan and policies outlined in the Hydaburg Coastal Management Program. Habitat is designated a secondary use in some important wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached forestry or recreation facilities which have been designated as a primary designation. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even though habitat is designated a secondary use in some important fish and wildlife habitat and harvest areas (Hc), it will be managed as a primary use when reviewing proposals for uses which are not directly related to or necessary for the operation of a shore-attached forestry or recreation facility. The important habitat resources in this unit near Saltery Point are subsistence and commercial harvest areas for clams and Dungeness crab, salmon harvest and subsistence areas, and waterfowl/seabird concentration areas. There are also waterfowl/seabird concentration areas near the northeast end of Blanket Island. Land managers should check the fish and wildlife habitat maps for specific locations. Proposed resource development support facilities in the unit include a log storage site between the north end of Blanket Island and Sukkwan Island, and potential A-frame breakouts at various sites along both sides of Sukkwan Strait and on the outside of Blanket Island. Access for future exploration and MANAGEMENT INTENT UNIT 20 3-123 development of minerals will be accommodated on the northeast shore of Sukkwan Island. DESIGNATED/ Primary and Secondary Uses PROHIBITED USES Refer to the land use designation map for primary and secondary uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. OFilling state tide and submerged lands for residential purposes. O Floathomes. MANAGEMENT Refer to Chapter 2 for guidelines common to this and all GUIDELINES Management units. The following guidelines apply to this specific unit. 1. Developed Recreation Facilities in Crucial Habitat and Rervest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. 2. Siting in High Visual Sensitivity Areas. Siting decisions for Reframe breakout points should take into consideration the high visual sensitivity of all of Sukkwan Strait due to its proximity to Hydaburg and the volume of boat traffic through the area. 3. Hydaburg Involvement within AMSA, The City of Hydaburg will be involved in a review of all proposed actions within the Area Meriting Special Attention designated under the Hydaburg Coastal Management Program. Copies of all pertinent applications and notices will be sent to the city during the review process. 4. Limited Logging Support Facilities. Log storage is the only resource development support facility to be sited in the area between the northwest end of Blanket Island and Sukkwan Island. 3-124 UNIT 20 O An archaeological/historic site in the vicinity of Saltery Point NOTES has been identified in the Hydaburg Coastal Management Program. O Fish and wildlife information: Ten anadromous fish stream outlets are located in the unit. Saltery Creek is an important contributor to the salmon stocks of the area, with a peak escapement of 39,000 pink salmon. The area between Blanket Island and Sukkwan Island is shallow, productive, and poorly flushed. Subsistence harvest of abalone occurs along both shores of lower Sukkwan Strait. The small islands in the unit provide productive rocky habitats for otter, seabirds, and marine mammals. UNIT 20 3-125 Unit 20: Blanket Island LAND USES LAND STATUS F—Forestry - except A-frame C7) State f— Forestry - A-frame ; (-) Federal-Forest Service m—Mining - access/exploration ZZ Native Village Corporation r—Recreation - dispersed H—Fish and Wildlife Habitat and Harvest SY Native Regional Corporation a—Crucial rating b—Prime rating c—Important rating d—Range rating LOCATION 1-Primary 2-Secondary <> Anchorage ® Purse Seine Hookoff UNIT 21: SOUTH SUKKWAN State lands within this unit will be managed to recognize and MANAGEMENT emphasize fish and wildlife habitat and harvest, and recreation INTENT values, while providing support facility sites for timber harvest from U.S. Forest Service lands on the southern end of Sukkwan Island. Within this unit there are two Areas Meriting Special Attention designated under the provisions of the Alaska Coastal Management Program. The McFarland Islands - Dunbar Inlet AMSA was designated on the basis of its importance to Hydaburg residents for subsistence harvest of herring roe, mink, land otter, and drift logs. The Jackson Island AMSA was designated on the basis of its importance for subsistence uses of king salmon, abalone, drift logs, and for trapping and recreational uses. Management within the two AMSA areas will be consistent with the management plans outlined in the Hydaburg Coastal Management Program. An A-frame breakout and a possible land-based resource transfer facility have been proposed on the southeast end of Sukkwan Island within the Jackson Island AMSA. Another resource transfer facility hs been proposed in the eastern arm of Kasook Inlet. A-frame locations may also be proposed along the southwest shore of Sukkwan Island between the McFarland Islands AMSA and Kasook Inlet. Small private islands have been given a_ general designation for A-frame logging; however, any A-framing within an AMSA must be consistent with the AMSA management plan. Primary and Secondary Uses DESIGNATED/ : ; . PROHIBITED Refer to the land use designation map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes. Refer to Chapter 2 for guidelines common to this and all MANAGEMENT Management units. The following guidelines apply to this GUIDELINES specific unit. UNIT 21 3-129 NOTES 3-130 UNIT 21 1. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation. facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. 2. Anchorage at Dunbar Inlet. Use of the mapped anchorage sites at Dunbar Inlet will not be precluded. 3. Hydaburg Involvement within AMSA. The City of Hydaburg will be eae in a review of all proposed actions within the Area Meriting Special Attention designated under the Hydaburg Coastal Management Program. Copies of all pertinent applications and notices will be sent to the city during the review procedures. 4. Resource Transfer Facilities at Kasook Inlet. If a suitable resource transfer site can not be located in the outer portion of the eastern arm of Kasook Inlet, the area directly to the east is designated as a lower priority for the facility due to habitat considerations. If this lower priority area must be considered for a site, field review will be required to minimize tideflat involvement. O Seven heritage sites have been identified in this unit: AHRS C-101 Dunbar Inlet Village C-102 Dunbar Cove Village C-104 Fort Islet C-117 Lime Pt. Village DE-4 Grand Island Village DE-12 Jackson Island Seasonal Village DE-16 Aston Island Village O Fish and wildlife information: Twelve anadromous fish stream outlets are located within the unit. The Grand Islands have high density concentrations of abalone. Kasook Inlet provides shallow, productive habitat. Both arms of Kasook Inlet have poor flushing and extensive subtidal aquatic beds. A tributary to Dunbar Inlet, in Section 24, is a pink salmon pre-emergent fry sample site. Unit 21: South Sukkwan LAND USES LOCATION F —Forestry - except A-frame f—Forestry - A-frame R—Recreation - access or anchorages r—Recreation - dispersed =N= H-—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating 1-Primary c—Important rating 2-Secondary d—Range rating Anchorage ® Purse Seine Hookoff SCALE IN MILES USGS QUADS: Craig A-2, A-3, A-4 Dixon Entrance D-2, | ,Mellen Re u ( big . 7 Ne tree | LAND STATUS 7 ? | A ea C5 State C Federal-Forest Service ZZ Native Village Corporation {© Native Regional Corporation Nat. Reg. Corp. Overselection UNIT 22: VIEW COVE State lands in this unit will be managed to accommodate contin- uing development of forestry and mineral resources outside of crucial habitats while maintaining other fish and wildlife habitat and harvest areas. The existing log transfer facility and log storage sites in View Cove will continue to be accommodated. The proposed log transfer site at Coco Harbor will be located at the eastern end of the southern shore, but outside the crucial habitat and harvest areas at the head of the bay. A-frame breakout points are allowed throughout the unit outside crucial fish and wildlife habitat and harvest areas. Tideland sites for transporting and processing white limestone will be available along the southern shores of View Cove, excluding Green Inlet and the head of View Cove. Habitat is designated a secondary use in important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore- attached forestry, mining and recreation facilities which have been designated as primary uses. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even where habitat is designated a secondary use in important fish and wildlife habitat and harvest areas (Hc), it will be managed as a primary use when reviewing proposals for uses which are not directly related to or necessary for the operation of a shore-attached forestry, mining or recreation facility. The important habitat resources in this unit are waterfowl/seabird concentrations and a shrimp fishery east of Clam Island in View Cove; and waterfowl/seabird concen- trations and salmon harvest and subsistence areas in southeast Coco Harbor. Managers should check the fish and wildlife habitat maps for specific locations. It is important to note that designation of state tidelands for public recreation does not confer the right for the public to use private uplands for public recreation. Primary and Secondary Uses Refer to the land use designation maps for primary and secondary uses and fish and wildlife ratings. MANAGEMENT INTENT DESIGNATED/ PROHIBITED USES UNIT 22 3-133 MANAGEMENT GUIDELINES 3-134 UNIT 22 Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Floathomes in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. 1. Logging Camp Support Facilities North of Reef Point on Tlevak Strait. The small cove on Tlevak Strait north of Reef Point is designated for access and support facilities for a logging camp located on the uplands. The primary use designation for forestry is not intended for a log transfer facility. Evaluating A-frame Breakout Points on the North Shore of View ove. imber will be transported by road to the permanent transfer site on the north slope of View Cove unless it is determined that A-frame harvest in some locations would be a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. A-frame Logging Breakout Points on Clam Island in View Cove. Before approving A-frame breakout points, land managers should consider, in consultation with the upland resource owner, whether it is feasible to transport timber by road from Clam Island to a permanent resource transfer facility on the south shore of View Cove as a preferable alternative to A-frame logging. Permanent Resource Transfer Site on the South Shore of View Cove. There are three potential sites for resource transfer facilities on the south shore of View Cove to serve upland mineral development. Only one of the three sites should be developed. Public Access _in View Cove. A public access across state tidelands to the campsite and trail easements in View Cove will not be precluded. Resource Transfer Site in Coco Harbor. A permanent resource transfer site will be allowed at the south shore of Coco Harbor. A-frame Logging in Green Inlet. A-frame breakouts will, to the extent feasible and prudent, be sited outside of Green Inlet. Reefs at the mouth of the inlet may result in bark accumulations if A-frame breakout points were inside the inlet. 8. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. OA one-acre designated campsite and a 25' wide trail easement area NOTES are located at the head of View Cove. The trail crosses Dall Island to Manhattan Arm. O One heritage site is located within this unit: AHRS C-98 Coco Harbor Island Village O Fish and wildlife information: The unit includes seven anadromous fish stream outlets. The streams at the heads of View Cove and Coco Harbor are particularly productive, with deltas and tideflats. Abalone beds have been identified along the shore north of View Cove, in View Cove, in Baldy Bay, and Windy Cove; eelgrass beds have been identified in Windy Cove. An important pink salmon rearing area is located around Entrance Island. | Windy Cove and Green Inlet are poorly flushed, productive habitats with extensive subtidal aquatic beds. Windy Cove supports subsistence harvest of Dungeness crab. View Cove and Coco Harbor support a shrimp and subsistence/sport salmon fishery. The unnamed cove south of Coco Harbor needs an anadromous fish survey to determine if any of the streams in the bay support anadromous fish. UNIT 22 3-135 Unit 22: View Cove LAND USES LOCATION F—Forestry - except A-frame f—Forestry - A-frame M—Mining - transfer /development m— Mining - access/exploration R—Recreation - access or anchorages r—Recreation - dispersed H—Fish and Wildlife Habitat and Harvest a—Crucial rating C—Important rating b—Prime rating d—Range rating 1-Primary ~> Anchorage 2-Secondary © Purse Seine Hookoff USGS QUADS: Craig A-3, A-4 Dixon Entrance D-3, D-4 yn i 12 i \SaQ7 i 8 Manhattan! Lake Q 2. LAND STATUS C) State &Y Native Regional Corporation () Federal-Forest Service Nat. Reg. Corp. Overselection Private UNIT 23: WEST DALL This area of exposed coast and deep bays on outer Dall Island is MANAGEMENT characterized by extensive fish and wildlife habitat and high INTENT recreation values. The coastline and offshore areas are intensively used by the commercial fishing fleet. The coastline from the northern boundary of the unit to just north of Gold Harbor, the outer coast between Security Cove and Liscome Bay, and the coast from Chickwan Bight to Cape Muzon are all particularly scenic areas. Management of state lands in this unit will emphasize all of these uses and values. Certain areas within the unit also have long-term potential for development of mineral resources on the uplands. Specifically, mining support facilities may be needed in the inner part of Waterfall Bay and at Security Cove. State lands will be managed to accommodate these potential developments. Primary and Secondary Uses DESIGNATED/ PROHIBITED Refer to the land use designation map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes. Refer to Chapter 2 for guidelines common to this and all MANAGEMENT Management units. The following guidelines also apply to this GUIDELINES specific unit: 1. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been’ initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. UNIT 23 3-139 NOTES 3-140 UNIT 23 2. Anchorages. Use of anchorage sites depicted on the land use designation maps will not be precluded. 3. Consolidation and Joint Use of Resource Transfer Sites at Waterfall Bay. here is potential for development of both timber and mineral resources in Waterfall Bay. Resource transfer sites will be consolidated unless it is determined that use of separate sites is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. 4. Resource Transfer Facility at Dolgoi Island. The potential resource transfer facility on Dolgoi Island in Port Bazan will be designed as a low-volume, short-term barge operation. 5. Offshore Fisheries Conservation Zones. Areas designated Resource Management offshore of the outer coast will be Managed as fisheries conservation zones under the Alaska Coastal Management Program. (6 AAC 80.130(c)(1)) OA U.S. Forest Service remote recreation cabin is located in the Essowah Lakes area. O Fish and wildlife information: The unit includes twenty-four anadromous fish stream outlets. The Essowah Lakes system has been rated a quality watershed by ADF&G. Essowah Lakes and Devil Lake have potential for sockeye production. Sakie Bay Creek and Welcome Cove are considered to have the highest production potential in the unit. All bays in the unit as far south as Gold Harbor provide rearing habitat for Dungeness crab. Commercial crab harvests occur in Gooseneck Harbor and Waterfall Bay. The largest commercial harvest of abalone in the state occurs in this unit. Harvests occur along the entire coastline wherever exposed rocky substrates and kelp beds occur. The unit is a major commercial seine and troll fishery. Unit 23: West Dall USGS QUADS: Craig A-4 Dixon Entrance C-3, D-3, D-4 ia ' LOCATION Table Rl H1b, Sante br RM LAND STATUS C3 State (*) Federal-Forest Service (J Native Regional Corporation LAND USES F—Forestry - except A-frame M—Mining - transfer /development R—Recreation - access or anchorages H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating RM—Resource Management 1-Primary > Anchorage 2-Secondary ® Purse Seine Hookoff Unit 23: West Dall USGS QUADS: Craig A-4 eas Banana Essowah Bid RM LAND STATUS C) State ©) Federal-Forest Service © Native Regional Corporation Nat. Reg. Corp. Overselection LAND USES F—Forestry - except A-frame M—Mining - transfer / development R—Recreation - access or anchorages H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating RM—Resource Management 1-Primary 2-Secondary Anchorage 4 Purse Seine Hookoff Dixon Entrance C-3, D-3, D-4 Hla Rl LOCATION SCALE IN MILES UNIT 24: FORRESTER ISLAND Originally designated as a wildlife refuge, all of the area MANAGEMENT within this unit was redesignated under the Alaska National INTENT Interest Lands Conservation Act as part of the Gulf of Alaska Unit of the Alaska Maritime National Wildlife Refuge. Under the Act, the purposes of the refuge are to conserve fish and wildlife populations in. their natural diversity, to fulfill international treaty obligations of the U.S., to provide for continued subsistence use by local residents, to ensure water quality and necessary water quantity, and to provide a program of national and international scientific research on marine resources. Forrester Island supports an estimated population of 1,000 sea lions and has extensive sea bird colonies. Management of state lands in this unit will be consistent with the purposes outlined for its establishment as a wildlife refuge. Primary and Secondary Uses DESIGNATED/ Refer to the land use designation maps for this unit for primary ROBIE ED and secondary uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes. Refer to Chapter 2 for guidelines common to this and all MANAGEMENT management units. The following guideline applies to this GUIDELINES specific unit. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. UNIT 24 3-143 NOTES O Fish and wildlife information: Forrester Island is a rookery for seabirds and sea lions. Maintaining a one-mile buffer is crucial to avoid disturbance of the sea lions which use the rocky areas as a haulout throughout the year. Concentrated seabird use is more seasonal; an area one-mile in radius around seabird colonies can be considered crucial on a seasonal basis. 3-144 UNIT 24 Unit 24: Forrester Island LAND USES LOCATION H-—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating R—Recreation - access or anchorages _ 1-Primary ~ Anchorage 2-Secondary SCALE IN MILES LAND STATUS () State [) Federal-Forest Service Wolf Rk. H1b Forrester Is. Bird Ref. USGS QUADS: Craig A-5, Dixon Entrance D-5 Oo Oo UNIT 25: ROSE INLET State lands in this unit will be managed for fish and wildlife habitat and harvest, recreational uses, and resource development support facilities outside crucial habitat and harvest areas. The unit will be managed to allow continued use of the existing log transfer site in Grace Harbor. If it does not prove feasible and prudent to transport logs from the Rose Inlet area to the Grace Harbor site, a second site may be allowed in the outer portion of Rose Inlet. A-frame logging breakout points will be identified in portions of Rose Inlet, and Sealaska will be allowed access from Grace Harbor to its uplands for mineral exploration. Abalone are found throughout the unit in areas rated as prime habitat. Crab concentrations occur primarily in the inner portion of Rose Inlet. Primary and Secondary Uses Refer to the land use designation map for this unit for primary and secondary uses and fish and wildlife ratings. Prohibited Uses Mineral location in mapped crucial fish and wildlife habitat and harvest areas. Floathomes in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. Refer to Chapter 2 for guidelines common to this and all Management units. The following guidelines also apply to this specific unit: 1. Use of Existing Transfer Site at Grace Harbor. A log transfer site exists at Grace Harbor. An additional site may be located in the outer portion of Rose Inlet. However, if it is feasible and prudent to transport logs to the Grace Harbor facility via roads, siting and additional facility at Rose Inlet should be avoided. 2. Anchorages. Use of anchorages depicted on land use designation maps will not be precluded. MANAGEMENT INTENT DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES UNIT 25 3-147 NOTES 3-148 UNIT 25 3. Access to Private Lands in Rose Inlet. Private landowners are guaranteed the right of access across state tidelands; however, fill used to enhance access will not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through review procedures. 4. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. O One heritage site has been identified within the unit: AHRS DE-43 Vista Point Village O Fish and wildlife information: There are seven anadromous fish stream outlets in this unit; those at the heads of Rose Inlet, Grace Harbor, and Vesta Bay are particularly productive for both pink and chum salmon. These areas also have extensive tideflats which provide spawning habitat, and habitat for shellfish and for black’ bear concentrations. The shallow estuarine habitat at the heads of these bays also falls within the area identified as crucial habitat because it provides rearing habitat for salmon. Subsistence harvests of abalone occurs along the outer shore of the bay and along outer Rose Inlet. Rose Inlet supports subsistence harvest of Dungeness crab. Grace Harbor supports subsistence harvest of king and Dungeness crab. All three bays have shrimp concentrations which have commercial potential. The creek at the head of Vesta Bay, in Section 17, is a pink salmon pre-emergent fry sample site. Unit 25: Rose Inlet LOCATION LAND USES LAND STATUS F—Forestry - except A-frame (-) State f—Forestry - A-frame (=) Federal-Forest Service m—M ining - access/exploration R—Recreation - access or anchorages D—Shoreline Development H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating © Native Regional Corporation Nat. Reg. Corp. Overselection 1-Primary > Anchorage 2-Secondary ® Purse Seine Hookoff USGS QUADS: Dixon Entrance D-3, D-4 SCALE IN MILES UNIT 26: SHOE INLET State land in this unit will be managed to emphasize continued MANAGEMENT use and development of forestry and mineral resources and to INTENT accommodate coastal development needs. Resource transfer facilities have been developed in Kaigani Strait. Support facilities consisting of a barge ramp and airplane float are located within crucial habitat near the head of Shoe Inlet and are authorized by existing leases. The roading system on Long Island will allow use of existing facilities for transfer of some additional upland resources as they are developed. For example, if mineral resources near Dova Bay in the Long Island unit are developed, they could be hauled by road to the Shoe Inlet/Kaigani Strait facilities. Consideration should also be given to use of the existing facilities for transfer of minerals from the Cleva Bay area. Habitat is designated a secondary use in important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached forestry and mining facilities which have been designated as primary uses. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the management intent for this unit. Even though habitat is designated a secondary use in some important fish and wildlife habitat and harvest areas (Hc), it will be managed as a primary use when reviewing proposals for uses which are not directly related to or necessary for the operation of a shore-attached forestry or mining facility. The important habitat resources in this unit include Dungeness crab, shrimp, and waterfowl/seabird concentration areas in Shoe Inlet. Other important habitat resources are present in the unit including anadromous fish streams, extensive productive coastal wetlands, kelp beds and abundant shellfish. Subsistence harvest of shrimp and abalone also take place. Primary and Secondary Uses DESIGNATED/ . ; . PROHIBITED Refer to the land use designation maps for primary and secondary USES uses and for fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. UNIT 26 3-151 MANAGEMENT GUIDELINES NOTES 3-152 UNIT 26 O Filling state tide and submerged lands for residential purposes. O Floathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all Management units. The following guidelines also apply to this specific unit. 1. Consolidation and Joint Use of Resource Transfer Sites. If upland mining is developed, mineral and log transfer sites will be consolidated unless it is determined that having additional sites is a more feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. 2. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. 3. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. O Fish and wildlife information: Three anadromous fish stream outlets are contained in the unit. Touchit Cove is a productive salt chuck area with extensive coastal wetlands. Heron Lagoon is a particularly productive area that is also sheltered. The tideflats in upper Cleva Bay include coastal wetlands. Cleva Bay has extensive kelp beds. Dives by the U.S. Fish and Wildlife Service and National Marine Fisheries Service documented abundant shellfish species and a high epifauna species diversity in Cleva Bay. Of five bays surveyed (Elbow, Cleva, Dova, South Shoe, North Shoe), Cleva Bay was ranked as second highest in quality, while the Shoe Bay complex was ranked lowest. Shrimp harvest is reported offshore of the mouth of Cleva Bay. The outer shores east of Shoe Inlet provide for subsistence harvest of abalone. There is a purse seine hookoff point in Kaigani Strait near Dead Pine. Unit 26: Shoe Inlet LOCATION LAND USES LAND STATUS F—Forestry - except A-frame CC State f{—Forestry - A-frame ( Federal-Forest Service M—Mining - transfer /development Native Village Corporation R—Recreation - access or anchorages . H—Fish and Wildlife Habitat and Harvest "88 Private a—Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary + Anchorage 2-Secondary USGS QUADS: Dixon Entrance D-3 a a ** 2 &. Ss > x . 4 UNIT 27: LONG ISLAND State land in this unit will be managed to emphasize fish and MANAGEMENT wildlife habitat and harvest and recreation values, and will INTENT accommodate resource development support facilities at strategic locations. Southeast Nina Cove at Coning Inlet has _ been designated as a potential site for resource development support facilities. Development of some upland resources may also be accomplished through transport via a road system to existing facilities in the Shoe Inlet unit. Some timber may be transferred via floating A-frame at various locations within the unit. Numerous anadromous fish streams are present within the unit. There are also extensive kelp beds and seasonaly high concentrations of waterfowl and shorebirds. Commercial purse seining and subsistence harvest of abalone both take place within the unit. If settlement activities take place in the future on the large private upland holdings, support facilities for these activities will be accommodated on state tidelands. Primary and Secondary Uses DESIGNATED/ . . . PROHIBITED Refer to the land use designation map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Filling state tide and submerged lands for residential purposes. O Floathomes in mapped crucial fish and wildlife habitat and harvest areas. Refer to Chapter 2 for guidelines common to this and all MANAGEMENT Management units. The following guidelines apply to this GUIDELINES specific unit. 1. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may UNIT 27 3-155 NOTES 3-156 UNIT 27 be considered for compatibility based on its design or on new habitat information. 2. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. O One heritage site has been identified in the Unit: AHRS DE-39 Long Island Village O Fish and Wildlife information: Six anadromous fish stream outlets are contained in the unit. Tideflats associated with stream deltas and other coastal wetlands in Natoma Bay, inner Nina Cove, and Coning Inlet provide habitat for seasonaly very high concetration of waterfowl and shorebirds. The inner portions of Coning Inlet, Nina Cove, Dova nad Elbow Bays are shallow, productive, and poorly flushed. The coastline of the unit is used for commercial purse seining and subsistence harvest of abalone . The unnamed bay north of Elbow Bay has extensive kelp beds. Elbow and Dova Bays were ranked as the first and third most productive bays among five surveyed by resource agencies on northern Long Island. Elbow and Dova were considered exceptional in terms of biological productivity, particularly of kelp beds and shellfish. Elbow Bay supports a shrimp fishery. Unit 27: Long Island LAND STATUS LOCATION (5) State ZZ Native Village Corporation ( Federal-Forest Service {&\) Native Regional Corporation Nat. Reg. Corp. Overselection USGS QUADS: Dixon Entrance D-2, D-3 LAND USES F—Forestry - except A-frame f—Forestry - A-frame R—Recreation - access or anchorages r—Recreation - dispersed H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary > Anchorage 2Secondary ® Purse Seine Hookoff UNIT 28: KASSA INLET State land in this unit will be managed to maintain fish and MANAGEMENT wildlife habitat and harvest areas while allowing opportunities INTENT to develop permanent resource transfer sites and A-frame breakout points. Two areas have been designated for permanent transfer sites while areas on the west side of Kassa Inlet are designated for A-frame breakout points. This unit, along with units 18 and 19, is an area heavily used for commercial fishing activities. Primary and Secondary Uses Refer to the land use designation maps for primary and secondary DESIGNATED/ uses and fish and wildlife ratings. PROHIBITED USES Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Floathomes. O Filling state tide and submerged lands for residential purposes. 1. Anchorages. Use of anchorages depicted on-the land use MANAGEMENT designation map will not be precluded. GUIDELINES 2. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. 3. Conflicts Between Commercial Fishing and A-Frame Logging. Land managers will use siting or timing restrictions to avoid conflicts between A-frame logging and purse seine hookoff points and minimize conflicts with other commercial fishing activities. UNIT 28 3-159 NOTES OFish and wildlife information: Eight anadromous fish stream outlets are included in the unit. The tidal flats and coastal wetlands within Kassa Inlet support very high concentrations of waterfowl and seabirds. Clam Cove provides a localized subsistence clam harvest in close proximity to Hydaburg. The inlet is fished intensively by purse seiners and provides a high-intensity subsistence harvest of abalone. Kassa Inlet provides rearing habitat of salmon and shellfish. The area between Prince of Wales Island and the small islands in the outer inlet is productive and poorly flushed. 3-160 UNIT 28 Unit 28: Kassa Inlet LAND STATUS (—) State (|) Federal-Forest Service Private LOCATION LAND USES F—Forestry - except A-frame f—Forestry - A-frame R—Recreation - access or anchorages D—Shoreline Development H—Fish and Wildlife Habitat and Harvest a—Crucial rating c—Important rating b—Prime rating d—Range rating 1-Primary ~> Anchorage 2-Secondary ® Purse Seine Hookoff USGS QUADS: Craig A-2, Dixon Entrance D-2 SCALE IN MILES UNIT 29: S. PRINCE OF WALES State land in this unit will be managed for fish and wildlife MANAGEMENT habitat and harvest, wilderness, and recreation values consistent INTENT with the management practices intended by the federal wilderness designation for the uplands. Access and support facilities will be allowed for any mining claims determined valid by federal adjudicators on uplands within the wilderness. Shoreline development activities will be accommodated next to a private inholding on Hunter Bay. Habitat is designated a secondary use in some important fish and wildlife habitat or harvest areas (Hc). This will be considered in siting and managing all activities directly related to shore-attached recreation facilities which have been designated as a primary use. Appropriate siting or operating stipulations (which may include timing restrictions) will be considered to mitigate impacts on the habitat resources and to meet the Management intent for this unit. Even though habitat is designated a secondary use in some important fish and wildlife habitat and harvest areas (Hc), it will be managed as a primary use when reviewing proposals for uses which are not directly related to or necessary for the operation of a shore-attached recreation facility. The important habitat resources in this unit are Dungeness crab, shrimp and waterfowl/seabird concentration areas in Brownson Bay and upper Klakas Inlet. Upper Klakas Inlet is also a salmon harvest area. Primary and Secondary Uses DESIGNATED/ ; : : PROHIBITED Refer to the land use designation maps for primary and secondary USES uses and for fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial fish and wildlife habitat and harvest areas. O Floathomes. OFilling state tide and submerged lands for residential purposes. Refer to Chapter 2 for guidelines common to this and all MANAGEMENT management units. The following guidelines also apply to this GUIDELINES specific unit. UNIT 29 3-163 NOTES 3-164 UNIT 29 1. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, deveToped recreation facilities have been initially determined incom- patible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility May be considered for compatibility based on its design or on new habitat information. 2. Resource Development Support Facilities. Resource develop- ment support facilities are not allowed in this unit, except those necessary to develop or provide access to valid mining claims. 3. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. O Seven heritage sites are located within the unit: AHRS DE- 1 Barrier Islands Burial DE- 3 Klinkwan DE- 7 Hemlock Island Burial DE-33 Brownson Bay DE-37 Kliwkwan Burial Site DE-15 Klakas DE-35 Hunter Bay Village O Fish and wildlife information: Throughout the Barrier Islands significant subsistence harvest of abalone, crab, shrimp, and clams occurs. Five gull colonies are also located there. There are thirty anadromous fish stream outlets in the unit. Extensive schooling and estuarine salmon rearing occurs through- out Tah Bay, Hunter Bay, and Hessa Inlet. A king crab rearing area has been documented offshore of the Barrier Islands. Biscuit Lagoon and Klinkwan Cove are shallow and productive, both are less than 60 feet deep. Other areas within the unit are extremely productive habitat for shrimp, crab, and abalonet. An intensive commercial seine fishery occurs along much of the coastline. High-density seasonal concentration areas and staging and over- wintering areas used by waterfowl and shorebirds are present throughout the unit. Klakas Lake is a potential lake fertilization site. The creek in Sections 5 and 8 at the head of Hunter Bay is a pink salmon pre- emergent fry sample site. UNIT 29 3-165 Unit 29: S. Prince of Wales LAND USES LOCATION MAP R—Recreation - access or anchorages D—Shoreline Development H—Fish and Wildlife Habitat and Harvest a— Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary -~> Anchorage ; } LK 2-Secondary ® Purse Seine Hookoff Sr i : LL : LAND STATUS CJ State (+) Federal-Forest Service SCALE IN MILES USGS QUADS: Craig A-2 Dixon Entrance C-1, D-1, D-2 VE [ot { Bu a . s ee Match Line ¢ HAI LAND STATUS (J State (—) Federal-Forest Service LAND USES D—Shoreline Development R—Recreation - access or anchorages H—Fish and Wildlife Habitat and Harvest a—Crucial rating c—Important rating USGS QUADS: Craig A-2 b—Prime rating d—Range rating Dixon Entrance C-1, D-1, D-2 1-Primary ~ Anchorage 2-Secondary p> Purse Seine Hookoff 6c #4) d’s ull sajep JO 29 UNIT 30: DIXON ENTRANCE This unit consists almost entirely of submerged lands. It will be managed to recognize and maintain its importance as a commercial fisheries area and as a major marine transportation route leading north into the waters of Kaigani Strait and Cordova Bay. This unit should be re-evaluated in the future if the U.S. Department of the Interior proceeds with the proposed oil and gas lease offering in the Gulf of Alaska which may include tracts offshore of the planning area. A Draft Environmental Impact Statement has been prepared, but due to low industry interest, the proposed lease offering has been deferred until 1988 at the earliest. As new information becomes available it will be incorporated in future revisions of this plan. Potential conflicts between fish and wildlife resources and uses, and development of subsurface resources may need to be identified and evaluated. The Canadian government is considering renewal of oil and gas exploration activities which have been suspended since 1972 off the British Columbia coast. An Environmental Assessment Panel was appointed in 1984 to review potential environmental and socio-economic impacts of renewed offshore oil and gas exploration. The panel was to submit its report by September of 1985, but requested an extension until January 1986 for completion of the report. The annual review of this plan will include consideration of any potential impacts within the planning area from oi] and gas exploration activities in Canadian waters. Primary and Secondary Uses Refer to the land use designation maps for primary and secondary uses and fish and wildlife ratings. Prohibited Uses None Refer to Chapter 2 for guidelines common to this and all Management units. The unit is used intensively by salmon trollers and purse seiners during the commercial fishing seasons. MANAGEMENT INTENT DESIGNATED/ PROHIBITED USES MANAGEMENT GUIDELINES NOTES UNIT 30 3-169 LAND STATUS C1) State LAND USES RM-—Resource Management USGS QUADS: Craig A-2 Dixon Entrance C-1, D-1, D-2 RY- TRIBUNAL OF 1903 (NOT FINALIZED) PROPOSED INTERNATIONAL BOUNDA' LOCATION MAP oF #uN d q aoueiluz uo. UNIT 31: KAIGANI STRAIT State land in this unit will be managed to protect fish and MANAGEMENT wildlife habitat and harvest areas, heritage sites, and INTENT recreation values. There are numerous anadromous fish streams within the unit as well as important subsistence abalone harvest areas. The unit receives heavy use by waterfowl, shorebirds, and seabirds, and there are herring concentrations and important salmon rearing areas present. Abalone beds are located in the southern portion of McLeod Bay, along eastern Dall Island from Pond Bay to just north of North Kaigani Harbor, in north Ham Cove, and along the west side of Long Island from north of Mission Cove to approximately one mile south of Howkan. Crab concentrations are also present in Pond Bay, and along the eastern coastline of Dall Island from approximately one mile north of North Point, including outer American Bay, to the northern boundary of the unit. If the state selection at North and South Kaigani Harbors is approved, shoreline development may take place on the tidelands in areas outside of crucial habitat. North Kaigani is preferred over South Kaigani for shoreline development. Facilities to support upland resource development will be accommodated at strategic locations within the unit. Specifically, resource development support facilities may be located at Pond Bay, Ham Cove, Datzkoo Harbor and McLeod Bay. Several areas along the coastline have been designated for A-frame logging. A number of patented mining claims are located on the uplands at McLeod Bay. Access to these claims will be ensured. The west side of Long Island has a number of important heritage sites, including at least three major village sites, and numerous campsites and gravesites. Primary and Secondary Uses DESIGNATED/ : | PROHIBITED Refer to the land use designation map for primary and secondary USES uses and fish and wildlife ratings. Prohibited Uses O Mineral location in mapped crucial uses and wildlife habitat and harvest areas. UNIT 31 3-173 MANAGEMENT GUIDELINES 3-174 UNIT 31 O Filling state tide and submerged lands for residential purposes. O Floathomes. Refer to Chapter 2 for guidelines common to this and all mangement units. The following guidelines also apply to this specific unit. 1. Developed Recreation Facilities in Crucial Habitat and Harvest Areas. Based on available information, developed recreation facilities have been initially determined incompatible within mapped crucial fish and wildlife areas. A specific proposal for a developed recreation facility may be considered for compatibility based on its design or on new habitat information. 2. Access to Private Uplands. Private landowners are guaranteed the right of access across state tidelands; however, fill used to enhance access in areas designated D1 will not be allowed in mapped crucial fish and wildlife habitat and harvest areas unless determined compatible through review procedures. 3. Anchorages. Use of anchorages depicted on the land use designation map will not be precluded. 4. Logging Support Facilities at American Bay. Present plans and and use designations contemplate A-frame logging on both the north and south shores of American Bay. The possibility of replacing these A-frame sites with a single resource transfer site in American Bay should be evaluated as additional information becomes available. 5. A-frame Logging at Crow Island. One short-term A-frame access point will be allowed on the south shore of Crow ‘Island east of Middle Point in Ham Cove. 6. Resource Transfer Sites Limited at Ham Cove. Only one permanent resource transfer site will be allowed on the north shore of Ham Cove; however, alternatives to this site should be evaluated and used unless use of one site is determined to be the most feasible and prudent alternative considering impacts to upland and marine fish and wildlife habitat and harvest areas. A road connection to an RTF in Grace Harbor should be evaluated as an alternative to the Ham Cove facility. 7. Management of Stream Corridors on State Uplands. Buffers are to be established on each side of cataloged anadromous fish streams on state lands. These buffers are to be considered as special management zones and are to be managed for the protection of fish habitat. The widths of these zones will be determined during the land disposal planning process, and will be consistent with the pertinent guidelines in Chapter 2. Development activities within these zones must be approved on a case-by-case basis by the Division of Land and Water Management Regional Manager or his/her representative, after consultation with the Department of Fish and Game. 8. Howkan Village Site Archaeological Field Survey. In consultation with the State Historic Preservation Officer, an archaeological field survey should be done to identify the extent of the Howkan Villge site prior to approving breakout points for A-frame logging or sites for shoreline development related to upland settlement activities. O Ten heritage sites are located within the unit: NOTES AHRS DE- 5 Channel Island Burial DE-10 Ham Cove/Crow Island Burial DE-11 Howkan Village DE-13 Kaigani DE-17 Koinglas DE-20 Howkan Narrows Burial DE-34 American Bay Burial DE-36 Kaigani Pt. Village DE-40 Narrows Burial DE-42 South Kaigani Village O Fish and wildlife information: There are fifteen anadromous fish stream outlets in this unit. Ham Cove contains two anadromous fish streams and supports finfish and shellfish rearing. The cove is shallow, less than 60 feet deep, and poorly flushed. Kaigani Straits is a very high-density use area for waterfowl, shorebirds and seabirds, and may serve as an _ important overwintering area for birds breeding on Forrester Island. Overwintering herring concentrations may provide the food source for these concentrations. Bolles Inlet and South Kaigani Harbor are shallow and productive, with depths of less than 60 feet. The outer portion of Datzkoo Harbor and the areas around McLeod Bay are important salmon rearing areas. A significant subsistence harvest of abalone occurs in the unit. UNIT 31 3-175 Unit 31: Kaigani Strait USGS QUADS: Dixon Entrance C-2, C-3, D-2, D-3 LOCATION SCALE IN MILES LAND STATUS (_) State [) Federal Forest Service ZZ Native Village Corporation © Native Regional Corporation Nat. Reg. Corp. Overselection GQY Native Allotments LAND USES F—Forestry - except A-frame f-Forestry - A-frame M— Mining - transfer /development R—Recreation - access or anchorages S—Settlement D—Shoreline Development H—Fish and Wildlife Habitat and Harvest a—Crucial rating b—Prime rating c—Important rating d—Range rating 1-Primary Anchorage 2-Secondary Purse Seine Hookoff CANADA CHAPTER 4 Plan Implementation and Modification Chapter 4 Plan Implementation & Modification This chapter addresses two forms of implementation of the South- west Prince of Wales Island Area Plan: administrative actions and plan modification. Title 38 of the Alaska Statutes establishes the Department of Natural Resources (DNR) as the state agency with planning and Management authority for state lands. The State Forest Practices Act, the Alaska Coastal Management Act and the Land Policy Act give guidance to that management. On the national level, Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), Sec- tions 404 and 401 of the Clean Water Act (33 U.S.C. 1344), the Fish and Wildlife Coordination Act, and Section 307 of the Coastal Zone Management Act mandate shared state and federal man- agement of tide and submerged lands. This plan has been limited in scope to those uses which require a DNR land management decision. Many of these uses are also reviewed by agencies under the National Environmental Policy Act (NEPA), the Coastal Zone Management Act (CZMA and ACMP), and the Forest Practices Act (FPA). This plan does not substitute for these reviews. Conclusions reached on a particular development project by various agencies under NEPA, CZMA, ACMP or FPA reviews could be different than actions recommended for state land by this plan. Despite the fact that other agencies are not bound by this plan and may reach different conclusions when reviewing a project; shared management responsibility for tide and submerged lands makes it absolutely necessary that this plan address the concerns of other agencies if it is to lead to a comprehensive decision making process that achieves the public interest. Through land designations, management guidelines and implementation strategies, the plan provides a structured framework for all agencies to address in advance many of the issues that in the past normally arose during the permitting or leasing process. The plan then, should make the review process for both state and federal permitting actions far _ less controversial and uncertain. It is important to note the plan does not establish a new permit- ting or leasing process. The guidelines and land use designa- tions of the plan will be implemented through permitting and leasing procedures in place when a decision is made. INTRODUCTION IMPLEMENTATION 4-1 ADMINISTRATIVE ACTIONS 4-2 IMPLEMENTATION State Land Classification The plan designates primary and secondary land uses. To imple- ment the plan on state lands, DNR must classify state lands to reflect the intent of land use designations made by the plan. In addition, state law requires that classification precede the leasing of state tide and submerged lands or the disposal of state uplands except when a disposal conforms with a local com- prehensive plan and zoning ordinance. The possible land classifications for state land under the department's regulations (11 AAC 55) are as follows. GO Agriculture O Oi] and Gas Land O Coal Land O Public Recreation Land O Forest Land O Reserved Use Land O Geothermal Land O Resource Management Land O Grazing Land O Settlement Land O Heritage Resources Land O Transportation Corridor Land O Material Land O Water Resource Land O Mineral Land O Wildlife Habitat Land Land classification is the formal record of the primary uses for which each parcel of state land will be managed. However, the classifications contain no specific land management directives; those are in this plan. Classifications are recorded on the state land status plats with a reference to this plan for manage- ment direction. Thus, applicants wanting to use state lands will have to refer to this plan to determine whether the proposed use will be allowed and to find applicable management policies and guidelines. The land use designations used in the plan are intended to com- municate clearly the allowable uses of an area. Unfortunately, translating the terms used for designations into classification terms is necessary because classification terms were written to fit upland and not tideland situations. For example, the term "forestry" designates log transfer facilities and related devel- opments as the intended use; however, in the classification regu- lations "forestry" is defined as forested land. Consequently, “settlement land" rather than “forested land" is the classifica- tion category which corresponds to the forestry land use designa- tion of the plan. The department is looking into a solution to this problem. Any solution will take an amendment of the classi- fication regulations, so it is not possible to solve the problem before this plan and the resulting classifications are adopted. The following lists display the plan land use designation and the corresponding classification category. Land Use Designation Classification Forestry Mining Shoreline Development Settlement Recreation Fish and Wildlife Habitat and Harvest Area Resource Management Settlement Land Settlement Land Settlement Land Settlement Land Public Recreaton Land Wildlife Habitat Land Resource Management Land The classification regulations allow up to three classifications to be made for any parcel “where the dominance of a particular use cannot be determined." The state classification process requires public notice and a hearing if requested. Classification of state land in the planning area will occur after adoption of this plan. State Land Disposals The plan designates state uplands that may be sold through the state's land disposal program. The Department of Natural Resources uses the Land Availability Determination System (LADS) to identify general areas available for possible disposal, evaluate land capability and suitability, design the disposal, select a method of disposal, survey the project, advertise the sale, and finally, sell the land. At various points in the LADS Process, public comment on the proposed disposal is requested. State land disposals will be subject to the areawide guidelines in Chapter 2 and the LADS process. Mineral Closings The plan is the basis for closing all fish and wildlife habitat and harvest areas rated crucial (Hla) to staking of upland mining claims which extend below mean high water. Alaska Statute 38.05.185 requires the Commissioner of DNR to determine that mineral entry and location is incompatible with significant surface uses in order to close state-owned lands to mineral entry. Through the plan, the determination has been made that crucial fish and wildlife habitat and harvest areas are areas of significant surface use of or by fish and wildlife (see Chapter 2 Subsurface Resources and Materials, Guideline I). The department has determined mining is incompatible with crucial fish and wildlife habitat and harvest areas until site specific analysis has been done and the department has’ approved the locations, lease stipulations, and plan of operation for the proposed mining activity. The department will use offshore prospecting permitting procedures to make the site specific determination on whether siting, lease stipulations, or a plan of operation can IMPLEMENTATION 4-3 4-4 IMPLEMENTATION make offshore mining compatible with crucial fish and wildlife habitat and harvest areas and the requirements of the Alaska Coastal Management Program (see Chapter 2, Subsurface Resources and Materials Guidelines I and J). Valid existing rights are not affected by mineral closings. The plan provides the justification needed for mineral closures, but the following additional steps must be taken to implement the closure. 1. A precise description of the area closed to mineral entry must be prepared. 2. A mineral closing order must be drafted and the acreage cal- culated for each area. 3. Public notice will be given under the provisions of AS 38.05.945. 4. The commissioner will then sign the mineral closing orders. Coastal Management District Coastal Management Programs for Craig, Klawock and Hydaburg have been approved by the Coastal Policy Council and incorporated into the Alaska Coastal Management Program (ACMP) by the federal Office of Coastal Resources and Ocean Management. State and federal actions affecting the coastal zone, or local permits or regulation of private land within the district bound- aries must be consistent with the respective coastal management programs. Districts with approved programs review most decisions of governmental agencies and proposed actions within the district to determine their consistency with the district plan. Passing the consistency test is necessary before an action can occur. Districts with approved plans must also be notified by the state of proposed activities outside their boundaries which would have a direct and significant impact on the district. This plan makes no land use designations on state tidelands within the boundaries of the three coastal districts because (1) there are few, if any, state tide or submerged lands within the Hydaburg district boundaries; (2) the City of Klawock will receive patent to all tide and submerged lands within its district boundaries, so there will be no state tide and submerged lands within the Klawock district; (3) there is a relatively smal] amount of state tide and submerged lands within the Craig district boundaries; and most important, (4) all three cities have approved district coastal management programs with site-specific management policies. All ONR actions will be consistent with the approved district programs. Outside of the approved district program boundaries, all uses and activities in the planning area must be consistent with the ACMP standards (see Appendix I). Areas Meriting Special Attention Six Areas Meriting Special Attention (AMSAs) within the planning area were designated by the Coastal Policy Council in July 1983. The six areas are: Meares Passage--Arena Cove McFarland Islands--Dunbar Inlet Jackson Island Hydaburg River--Tidelands Saltery Point--Crab Trap Cove Hetta Cove--Eek Inlet SPAPwh> Management of all state lands and waters within these areas must be consistent with the AMSA plans. For additional information, refer to the AMSA's plans in the approved Hydaburg Coastal Management Program as amended. ACMP Consistency Review Process The process for determining project consistency with the ACMP has undergone a major revision. New regulations (6 AAC 50) outlining the process became effective in March 1984, The process coordi- nates the review of DNR's leases and permits, as well as other state permits, with the ACMP consistency determination review. Additionally, the process should coordinate the review of the Army Corps of Engineer's Section 10 and Section 404 permits with the ACMP consistency review and state permit/leasing process. Review Procedures Whether this plan achieves its purpose of making land use and permitting decisions better and more efficient is up to the DNR resource managers and their counterparts in the regulatory agen- cies, and the coordinative efforts of the ACMP consistency review process. The plan does not preempt other regulatory authori- ties. However, because the plan does address the concerns of many of the regulatory agencies while giving management direction to DNR, it can serve as a catalyst to increased coordi- nation between resource managers and regulatory agencies. The DNR land manager will use the management intent statement, the designated uses, the areawide guidelines, the unit specific guidelines, and the ACMP consistency determination to adjudicate the request for a DNR permit, lease, easement or other disposal IMPLEMENTATION 4-5 4-6 IMPLEMENTATION of state interest. The land manager will also use interagency review of proposed uses to assist in making the decision. Inter- agency review will occur according to procedures in place when a decision is made. Interagency review should help the manager accomplish the follow- ing tasks. 1. Gather and review site-specific resource information. 2. Determine whether a conflict between uses and/or resources exists and identify the best solution to any conflict. Dis- agreements regarding the existence of a conflict or the best solution to a conflict will be resolved through the permit review and appeal procedures existing when a decision is made. 3. Determine the best site for the activity and determine which of the plan guidelines apply or what additional mitigative measures are necessary. During the interagency review, or at the request of the appli- cant, DNR may schedule a coordinated site visit. All agencies and/or land owners willing to participate and considered neces- sary participants by DNR or OMB would be invited. This may include but is not limited to: ADF&G, DEC, USFWS, NMFS, EPA, COE, USFS, Native corporations, and municipalities. The site visit will, if possible, occur during the public notice review of the Corps of Engineers permit application and the ACMP consistency review/interagency review of the DNR permit, tide- lands lease application, or other disposal of state interest. The purpose of the site visit is to augment information gathered through interagency review, locate the best site for the activ- ity, and determine which of the plan guidelines or additional mitigative measures are appropriate. Consolidation and Joint Use of Resource Transfer Sites In order to reduce impacts to fish and wildlife habitat the plan requires consolidation and joint use of resource transfer sites to the extent feasible and prudent. Questions regarding the mechanisms to adjudicate access issues, competing users and uses, and setting of reasonable joint use fee structures are being addressed by DNR in conjunction with the Governor's Timber Task Force. Future updates of the plan will incorporate the results of these efforts. Instream Flow Studies The following streams should have instream flow studies done to determine the fish habitat needs: Black Bear Creek (Unit 1), Half-Mile Creek (Unit 2), Hydaburg River (Unit 17), and Crab Creek (Units 2 and 3). Modifications Requiring Approval by the Appropriate DNR Division The following actions do not constitute an amendment of the plan, and therefore, will only require approval by the appropriate DNR division. Minor Changes to the Plan Minor changes do not change the basic intent of the plan. Generally, minor changes may be needed for clarification, consistency with a final ACMP consistency determination, or to facilitate implementation of the plan. However, new information may lead to a recommendation that the plan be amended. Consideration of proposed amendments will occur as described in this chapter. Requests for minor changes are submitted to the Southeast Regional Office of the Division of Land and Water Management, Department of Natural Resources. Procedures for Making Special Exceptions to Guidelines Modi- fied by “Will. Special exceptions to guidelines modified by the phrase "will" may be allowed for individual actions. The decision not to follow a pertinent guideline modified by the term “will" will be made using standard permitting procedures in place when the decision is made, and after the following steps have been taken. A. The commissioner will prepare a written decision that specifies the following. 1, The conditions that make compliance with the guide- line not in the best public interest; and, 2. The alternative action or course of action to be fol- lowed. 3. The written decision may be as long or as short as DNR determines is necessary to adequately address (1) and (2). Where the action requires an AS 38.05.035 finding, this decision should be part of that finding. B. Before making the decision final, the commissioner wil] give notification required by the applicable permitting procedure and request comments on the proposed action. This notification will include the points described in A. The commissioner will notify appropriate members of the Steering Committee to solicit comments. PLAN MODIFICATION MODIFICATION 4-7 4-8 MODIFICATION C. The commissioner will consider all comments received before taking final action. I. Procedures for Making Special Exceptions to Guidelines Modi- fied by "Feasible and Prudent” or shoud" A. Special exceptions to guidelines modified by the phrase "feasible and prudent"or "feasible" (see definition sec- tion in Chapter 1) may be allowed after the steps out- lined below have been taken within the time frames of the ACMP consistency review process. The land manager must also ensure that any exceptions do not conflict with the ACMP Standards. Special attention should be given to 6AAC 80.130(d) which outlines the steps that must be followed before exceptions can be made to the ACMP Habitat Standard (refer to Appendix 1). 1. The Southeast Regional Manager or District Forester (DNR) will prepare a written decision that specifies: a. the conditions that make compliance with the guideline not feasible or not feasible and pru- dent (see definitions of feasible and prudent and feasible); and, b. the alternative course of action to be followed. c. The written decision may be as long or short as the responsible manager determines is necessary to adequately address a. and b. Where the action requires an AS 38.05.035 finding, this decision should be part of that finding. B. Exceptions to the guidelines modified by the word "should" can be made by the DNR Regional Manager, DNR District Forester, or their designees. The guideline does, however, state an intent of the plan that should be met, using the best managerial practices for the given situation. In addition, the manager must ensure that any exceptions do not conflict with the ACMP standards. Changes Requiring Plan Amendment The plan may be amended. An amendment changes the basic intent of the plan. Substantive changes to the planned uses, policies, or guidelines constitute amendments. A proposal to prohibit a use that is now a primary or secondary use, or, conversely to allow a prohibited use, are examples of changes requiring plan amendment. Amendments are approved by the commissioner and require public notice and public hearing. Management plans developed by the Division of Land and Water Mangement may amend this plan. Amendments may be proposed by agencies, municipalities, or members of the public. Requests for amendments are submitted to the Southeast Regional Office of the Division of Land and Water Management, Alaska Department of Natural Resources. Changes which make the plan consistent with a final ACMP consis- tency determination do not require amendment of the plan. The Department of Natural Resources will, consistent with its policy and procedures, use the Steering Committee to assist it with plan monitoring, plan review, and making recommendations on plan amendments. The Department will convene this committee as needed. The Steering Committee will be composed of the following entities: Alaska Department of Natural Resources (chair) Alaska Department of Fish & Game Alaska Department of Environmental Conservation U.S. Fish and Wildlife Service U.S. Forest Service U.S. Army Corps of Engineers Sealaska Corporation S.E. Alaska Village (corporations) Presidents Association Environmental Protection Agency National Marine Fisheries Service City of Klawock City of Craig City of Hydaburg oo o0o0000g00000 Additional federal, state or local government agencies may be added to the Steering Committee by the department as appropriate. Plan Monitoring and Annual Meeting DNR will solicit comments from the Steering Committee in conjunc- tion with an annual meeting held to report on progress or prob- lems in implementing the plan or the need for plan amendment. DNR will schedule and chair the annual meeting. Major Plan Review The department will review the plan and evaluate its effective- ness five years from the date of signature or earlier. The department will hold at least four public meetings, one in Ketchikan and one in each of the communities in the planning area to solicit comments on the effectiveness of the plan. MODIFICATION 4-9 APPENDIXES Appendix 1 Alaska Coastal Management Program Regulations Appendix 2 Forest Practice Regulations Appendix 3 Beach Log Salvage—ACMP General Concurrence Appendix 4 Parks 320-323, Title 33, Code of Federal Regulations Appendix 1 Alaska Coastal Management Program Regulations Register 79, October 1981 PART 6. ALASKA COASTAL POLICY COUNCIL Chapter 80. Standards of the Alaska Coastal Management Program (6 AAC 80.010—6 AAC 80.900) 85. Guidelines for District Coastal Management Programs (6 AAC 85.010—6 AAC 85.900) CHAPTER 80. STANDARDS OF THE ALASKA COASTA]. MANAGEMENT PROGRAM Article 1. Government Process (6 AAC 80.010--6 AAC 80.030) 2. Uses and Activities (6 AAC 80.040—6 AAC 80.120) 3. | Resources and Habitats (6 AAC 80.130—6 AAC 80.150) 4. Areas Which Merit Special Attention (6 AAC 80.160) 5. General Provisions (6 AAC 80.900) ARTICLE 1. GOVERNMENT PROCESS Section 10. Coverage of chapter 20. Public participation and information 30. Program management and coordination 6 AAC 80.010. COVERAGE OF CHAPTER. (a) This chapter contains standards for the use of and application by districts and state agencies in carrying out their responsibilities under the Alaska Coastal Management Act (AS 46.40, and AS 44.19.891 — 44.19.894). 6-99 GOVERNOR'S OFFICE 6 AAC 80.010 aan 6 AAC 80.020 (b) Nothing in this chapter or in any district program displaces or diminishes the authority of any state agency or local government with respect to resources in the coastal area. Uses and activities conducted by state agencies in the coastal area must be consistent with the applicable district program and the standards contained in this chapter. In authorizing uses or activities in the coastal area under its statutory authoniy, each state agency shall grant authonzation if, in addition to finding that the use or activity complies with the agency’s statutes and regulations, the agency finds that the use or activity is consistent with the appli- cable district program and the standards con- tained in this chapter. However, if the district program and the standards in this chapter both address the same operational subject or issue, the provisions of the district program are con- trolling. (c) At a minimum, the council will review this chapter annually. (Eff. 7/18/78, Reg. 67: am 9/9/81, Reg. 79) Authority: AS 44.19.160 AS 46.40.040 AS 46.40.100 6 AAC 80.020. PUBLIC PARTICIPATION AND INFORMATION. (a) The council will provide adequate, effective, and continuing opportunities for public participation from the beginning of the Alaska coastal management program. The council will give notice of when and where opportunities for public participation will be provided before adoption of guidelines and standards, review and approval of district programs and amendments to district programs, COASTAL MANAGEMENT REGULATIONS A1-1 Register 79, October 1981 the Alaska coastal and amendments to management program. (b) The council will not approve a district program or significant amendment of a district program unless evidence of significant opportunities for public participation at the district level has been provided. (c) The council will make available to the public information and educational materials concerning coastal management, in understandable form, including (1) a guide for the development of district programs; (2) maps and narratives describing physical and biological characteristics to be used in establishing boundaries of coastal areas; (3) areas recommended for council designation as areas which merit special attention; (4) maps showing the distribution and abundance of coastal fish and wildlife species with commercial, recreational, subsistence, or general ecological importance: (5) an identification of major data and information sources concerning coastal management; (6) 2 summary of information regarding coastal regions; hearings and (7) summaries of public workshops; (8) films and slide programs; (9) written material summarizing or explaining the Alaska coastal management program: and (10) the council’s annual report to the legislature. (d) At public meetings concerning the Alaska coastal management program, the council will ensure that, when requested and reasonably A1-2 COASTAL MANAGEMENT REGULATIONS GOVERNOR’S OFFICE 6 AAC 80.020 6 AAC 80.030 necessary, translation into the appropriate Native language is provided. (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.030. PROGRAM MANAGEMENT AND COORDINATION. (a) The Office of Coastal Management is the designated lead agency for the Alaska coastal management program. The Office of Coastal Management shall (1) present the staff position regarding maiters before the council; (2) coordinate the activities of state agencies participating in the Alaska coastal management program; and (3) review state and federal actions for consistency with the Alaska coastal management prograin, subject to council review. (b) The council will initiate an interagency program of comprehensive resource management for each geographic region listed in AS 44.19.891(a)(1). Regional programs will (1) as3ist the council and = districts in identifying uses of state concern and developing management policies for these uses; (2) provide resource, social, and economic information on a coordinated regional basis; and (3) assist the council and districts in identifying, avoiding, or minimizing existing or potential conflicts. (c) Plans and recommendations developed as part of the regional program described in (b) of 6-100/6-106 Register 89, April 1984 this section must be transmitted to the district through the Office of Coastal Management. District planning efforts must demonstrate review and consideration of these plans and recommendations. If the final district program proposed does not agree with the regional program plans and recommendations, the differences will be resolved by the council. (d) The council will prepare a manual of standards for the management of land and water uses in the coastal area to assist in the development of district and state agency programs. (Eff. 7/18/78, Reg. 67) Authonty: AS 44.19.16] AS 46.40.040 ARTICLE 2. USES AND ACTIVITIES Section 40. Coastal development 50. Geophysical hazard areas 60. Recreation 70. Energy facilities 80. Transportation and utilities 90. Fish and seafood processing 100. Timber harvest and processing 110. Mining and mineral processing 120. Subsistence 6 AAC 80.040. COASTAL DEVELOPMENT. (a) In planning for and approving development in coastal areas, districts and state agencies shall give, in the following order, priority to: (1) water-dependent uses and activities; (2) water-related uses and activities; and (3) uses and activities which are neither water-dependent nor water-related for which there is no feasible and prudent inland alternative to meet the public need for the use or activity. (b) The placement of structures and the discharge of dredged or fill material into coastal water must, at a minimum, comply with the standards contained in Parts 320-323, Title 33, Code of Federal Regulations (Vol. 42 of the Federal Register, pp. 37133 — 47 (July 19, 6-107 GOVERNOR'S OFFICE 6 AAC 80.030 6 AAC 80.070 1977)). (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.050. GEOPHYSICAL HAZARD AREAS. (a) Districts and state agencies’ shall identify known geophysical hazard areas and areas of high development potential in which there is a substantial possibility that geophysical hazards may occur. (b) Development in areas identified under (a) of this section may not be approved by the appropriate state or local authority until siting, design, and construction measures for minimizing property damage and protecting against loss of life have been provided. (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.060. RECREATION. (a) Districts shall designate areas for recreational use. Criteria for designation of areas of recreational use are (1) the area receives significant use by persons engaging in recreationai pursuits or is a major tourist destination; or (2) the area has potential for high quality recreational use because of physical, biological, or cultural features. (b) Districts and state agencies shall give high priority to maintaining and, where appropriate, increasing public access to coastal water. (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.070. ENERGY FACILITIES. (a) Sites suitable for the development of major energy facilities must be identified by districts and the state in cooperation with districts. (b) The siting and approval of major energy facilities by districts and state agencies must be based, to the extent feasible and prudent, on the following standards: (1) site facilities so as to minimize adverse environmental and social effects while satisfying industrial requirements; COASTAL MANAGEMENT REGULATIONS A1-3 Register 89, April 1984 (2) site facilities so as to be compatible with existing and subsequent adjacent uses and projected community needs; (3) consolidate facilities; (4) consider the concurrent use of facilities for public or economic reasons; (5) cooperate with landowners, developers, and federal agencies in the development of facilities; (6) select sites with sufficient acreage to allow for reasonable expansion of facilities; (7) site facilities where existing infrastructure, including roads, docks, and airstrips, is capable of satisfying industrial requirements; (8) select harbors and shipping routes with least exposure to reefs, shoals, drift ice, and other obstructions; (9) encourage the use of vessel traffic control and collision avoidance systems; (10) select sites where development will require minimal site clearing, dredging and construction in productive habitats; (11) site facilities so as to minimize the probability, along shipping routes, of spills or other forms of contamination which would affect fishing grounds, spawning grounds, and other biologically productive or vulnerable habitats, including marine mammal rookeries and hauling out grounds and waterfowl nesting areas; (12) site facilities so that design and construction of those facilities and support infrastructures in coastal areas of Alaska will allow for the free passage and movement of fish and wildlife with due consideration for historic migratory patterns and so that areas of particular scenic, recreational, environmental, or cultural value will be protected; (13) site facilities in areas of least biological productivity, diversity, and vulnerability and where effluents and spills can be controlled or contained; A1-4 COASTAL MANAGEMENT REGULATIONS GOVERNOR'S OFFICE 6 AAC 80.070 6 AAC 80.100 (14) site facilities where winds and air currents disperse airborne emissions which cannot be captured before escape into the atmosphere; (15) select sites in areas which are designated for industrial purposes and where industrial traffic is minimized through population centers; and (16) select sites where vessel movements will not result in overcrowded harbors or interfere with fishing operations and equipment. (c) Districts shall consider that the uses authorized by the issuance of state and federal leases for mineral and petroleum resource extraction are uses of state concern. (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.080 TRANSPORTATION AND UTILITIES. (a) Transportation and_ utility routes and facilities in the coastal area must be sited, designed, and constructed so as to be compatible with district programs. (b) Transportation and utility routes and facilities must be sited inland from beaches and shorelines unless the route or facility is water-dependent or no feasible and prudent inland alternative exists to meet the public need for the route or facility. (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.090. FISH AND SEAFOOD PROCESSING. Districts shall identify and may designate areas of the coast suitable for the location or development of facilities related to commercial fishing and seafood processing. (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.100. TIMBER HARVEST AND PROCESSING. AS 41.17, Forest Resources and Practices, and the regulations and procedures adopted under that chapter with respect to the harvest and processing of timber, are incorporated into the Alaska coastal manage- ment program and constitute the components of 6-108 Register 89, April 1984 the coastal management program with respect to those purposes. (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71: am 3/30/84, Reg. 89) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.110. MINING AND MINERAL PROCESSING. (a) Mining and _ mineral processing in the coastal area must be regulated, designed, and conducted so as to be compatible with the standards contained in this chapter, adjacent uses and activities, statewide and national needs, and district programs. (b) Sand and gravel may be extracted from coastal waters, intertidal areas, barrier islands, and spits, when there is no feasible and prudent alternative to coastal extraction which will meet the public need for the sand or gravel. (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.120. SUBSISTENCE. (a) Districts and state agencies shall recognize and assure opportunities for subsistence usage of coastal areas and resources. (b) Districts shall identify areas in which subsistence is the dominant use of coastal resources. (c) Districts may, after consultation with appropriate state agencies, Native corporations, and any other persons or groups, designate areas identified under (b) of this section as subsistence zones in which subsistence uses and activities have priority over all nonsubsistence uses and activities. (d) Before a potentially conflicting use or activity may be authorized within areas designated under (c) of this section, a study of the possible adverse impacts of the proposed potentially conflicting use or activity upon subsistence usage must be conducted and appropriate safeguards to assure subsistence usage must be provided. 6-109 GOVERNOR'S OFFICE 6 AAC 80.100 6 AAC 80.130 (e) Districts sharing migratory fish and game resources must submit compatible plans for habitat management. (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040 ARTICLE 3. RESOURCES AND HABITATS Section 130. Habitats 140. Air, land, and water quality 150. Historic, prehistoric, and archaeological resources 6 AAC 80.130. HABITATS. (a) Habitats in the coastal area which are subject to the Alaska coastal management program include (1) offshore areas; (2) estuaries: (3) wetlands and tideflats; (4) rocky islands and seacliffs; (S) barrier islands and lagoons; (¢) exposed high energy coasts; (7) rivers, streams, and lakes; and (S) important upland habitat. (b) The habitats contained in (a) of this section must be managed so as to maintain or enhance the biclogical, physical, and chemical characteristics of the habitat which contribute to its capacity to support living resources. (c) In addition to the standard contained in (b) of this section, the following standards apply to the management of the following habitats: (1) offshore areas must be managed as a fisheries conservation zone so as to maintain or enhance the state’s sport, commercial, and subsistence fishery; COASTAL MANAGEMENT REGULATIONS A1-5 Register 89, April 1984 (2) estuaries must be managed so as to assure adequate water flow, natural circulation patterns, nutrients, and oxygen levels, and avoid the discharge of toxic wastes, silt, and destruction of productive habitat: (3) wetlands and tideflats must be managed so as to assure adequate water flow, nutrients, and oxygen levels and avoid adverse effects on natural drainage patterns, the destruction of important habitat, and the discharge of toxic substances; (4) rocky islands and_ seacliffs must be managed so as to avoid the harassment of wildlife. destruction of important habitat, and the introduction of competing or destructive species and predators; (5) barrier islands and lagoons must be managed so as to maintain adequate flows of sediments, detritus, and water, avoid the alteration or redirection of wave energy which would lead to the filling in of lagoons or the erosion of barrier islands, and discourage activities which would decrease the use of barrier islands by coastal species, including polar bears and nesting birds; (6) high energy coasts must be managed by assuring the adequate mix and transport of sediments and nutrients and avoiding redirection of transport processes and wave energy; and (7) rivers, streams, and lakes must be managed to protect natural vegetation, water quality, important fish or wildlife habitat and natural water flow. (d) Uses and activities in the coastal area which will not conform to the standards contained in (b) and (c) of this section may be allowed by the district or appropriate state agency if the following are established: (1) there is a significant public need for the proposed use or activity; (2) there is no feasible prudent alternative to meet the public need for the proposed use or activity which would conform to the standards contained in (b) and (c) of this section; and A1-6 COASTAL MANAGEMENT REGULATIONS GOVERNOR'S OFFICE 6 AAC 80.130 6 AAC 80.140 (3) all feasible and prudent steps to maximize conformance with the standards contained in (b) and (c) of this section will be taken. (e) In applying this section, districts and state agencies may use appropriate expertise, including regional programs referred to in 6 AAC 80.030(b). (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040 6 AAC 80.140. AIR, LAND, AND WATER QUALITY. Notwithstanding any other provision of this chapter, the statutes pertaining to and the regulations and procedures of the Alaska Department of Environmental Conservation with respect to the protection of air, land. and water quality are incorporated into the Alaska coastal Management program and, as administered by that agency, constitute the components of the coastal management program with respect to those purposes. (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040 6-110 Register 71, October 1979 6 AAC 80.150. HISTORIC, PREHISTORIC, AND ARCHAEOLOGICAL RESOURCES. Districts and appropriate state agencies shall identify areas of the coast which are important to the study, understanding, or illustration of national, state, or local history or prehistory. (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040 ARTICLE 4. AREAS WHICH MERIT SPECIAL ATTENTION Section 160. Areas which merit special attention 6 AAC 80.160. AREAS WHICH MERIT SPECIAL ATTENTION. (a) Any person may recommend to a district or to the council areas to be designated as areas which merit special attention. Districts shall designate in district programs areas which merit special attention. Areas which are not in districts and which merit special attention shall be designated by the council with the concurrence of appropriate state agencies, municipalities, and _ villages affected by the designation. Designations must include the following information: (1) the basis or bases for designation under AS 46.40.210(1) or (b) of this section; (2) a map showing the geographical location, surface area and, where appropriate, bathymetry of the area; (3) a description of the area which includes dominant physical and biological features; (4) the existing ownership, jurisdiction, and management status of the area, including existing uses and activities; (5) the existing ownership, jurisdiction, and management status of adjacent shoreland and sea areas, including existing uses and activities; (6) present and anticipated conflicts among uses and activities within or adjacent to the area, if any; and (7) a proposed management scheme, consisting of the following: 6-111 GOVERNOR'S OFFICE 6 AAC 80.150 6 AAC 80.900 (A) a description of the uses and activities which will be considered proper and the uses and activities which will be considered improper with respect to land and water within the area; (B) a summary or statement of the policies which will be applied in managing the area; and , (C) an identification of the authority which will be used to implement the proposed management scheme. (b) In addition to the categories contained in AS 46.40.210(1), areas which merit special attention may include the following: (1) areas important for subsistence hunting, fishing, food gathering, and foraging; (2) areas with special scientific values or opportunities, including those where ongoing research projects could be jeopardized by development or conflicting uses and activities; and (3) potential estuarine or marine sanctuaries. (c) Management schemes for areas which merit special attention must preserve, protect, enhance, or restore the value or values for which the area was designated. (d) As used in this section, “areas which merit special attention” has the same meaning as in AS 46.40.210(1). (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71) Authority: AS 44.19.161 AS 46.40.040 ARTICLE 5S. GENERAL PROVISIONS Section 900. Definitions 6 AAC 80.900. DEFINITIONS. Unless the context indicates otherwise, in this chapter (1) “barrier islands and lagoons’ means depositional coastal environments formed by deposits of sediment offshore or coastal remnants which form a barrier of low-lying COASTAL MANAGEMENT REGULATIONS A1-7 Register 71, October 1979 islands and bars protecting a salt-water lagoon with free exchange of water to the sea; (2) “coastal water’? means all water bodies in the coastal area, including wetlands and the intertidal area; (3) “council” means the Alaska Coastal Policy Council; (4) ‘‘district” means a coastal resource district as defined in AS 46.40.210(2); (5) “district program” means a_ district coastal management program; (6) “estuary” means a semiclosed coastal body of water which has a free connection with the sea and within which seawater is measurably difited with freshwater derived from land drainage; (7) “exposed high-energy coasts”’ means open and unprotected sections of coastline with exposure to ocean generated wave impacts and usually characterized by coarse sand, gravel, boulder beaches, and well-mixed coastal water; (8) “facilities related to commercial fishing and seafood processing” includes hatcheries and related facilities, seafood processing plants and support facilities, marine industrial and commercial facilities, and aquaculture facilities; (9) “geophysical hazard areas” means those areas which present a threat to life or property from geophysical or geological hazards, including flooding, tsunami run-up, storm surge run-up, landslides, snowslides, faults, ice hazards, erosion, and littoral beach process; (10) “mining and mineral processing” means the development of mineral resources extracted in tidal rivers, coastal water, and on continental shelves of the open sea, and found in surface, subsurface, and aqueous deposits; (11) “offshore areas”? means submerged lands and waters seaward of the coastline; (12) “rocky islands and_ seacliffs’ means islands of volcanic or tectonic origin with rocky shores and steep faces, offshore rocks, capes, and steep rocky seafronts; A1-8 COASTAL MANAGEMENT REGULATIONS GOVERNOR’S OFFICE 6 AAC 80.900 (13) “tideflats” means mostly unvegetated areas that are alternately exposed and inundated by the falling and rising of the tide; (14) “transportation and utility routes and facilities” include power transmission lines, mineral slurry lines, oil and gas pipelines, land and marine corridors, railways, highways, roadways, air terminals, water and sewage transfer, and facilities required to operate and maintain the route or facility; (15) “upland” means drainages, aquifers, and land, the use of which would have a direct and significant impact on coastal water; (16) ‘“‘uses of state concern” has the same meaning as in AS 46.40.210(6); (17) “water-dependent” means a use oF activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body; (18) ‘water-related’ means a use or activity which is not directly dependent upon access to a water body, but which provides goods or services that are directly associated with water-dependence and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered; (19) “wetlands” includes both freshwater and saltwater wetlands; ‘freshwater wetlands” means those environments characterized by rooted vegetation which is partially submerged either continuously or periodically by surface freshwater with less than .5 parts per thousand salt content and not exceeding three meters in depth; “saltwater wetlands” means those coastal areas along sheltered shorelines characterized by halophytic hydrophytes and macroalgae ex- tending from extreme low tide to an area above extreme high tide which is influenced by sea spray or tidally induced water table changes; (20) “feasible and prudent” means consistent with sound engineering practice and not causing environmental, social, or economic problems that outweigh the public benefit to be derived from compliance with the standard which is modified by the term ‘“‘feasible and prudent”; (21) “including” means including but not limited to; 6-112 Register 89, April 1984 GOVERNOR'S OFFICE 6 AAC 80.900 (22) “major energy facility” includes marine (D) restricts or excludes a use of state service bases and storage depots, pipelines and concern not previously restricted or excluded. rights-of-way, drilling rigs and _ platforms, (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71; petroleum or coal separation, treatment, or am 9/9/81, Reg. 79) storage facilities, liquid natural gas plants and Authority: AS 44.19.160 AS 46.40.060 terminals, oil terminals and other port AS 46.40.010(c)(2) AS 46.40.070 development for the transfer of energy products, AS 46.40.040 petrochemical plants, refineries and associated facilities, hydroelectric projects, other electric generating plants, transmission lines, uranium enrichment or nuclear fuel processing facilities, and geothermal facilities; ‘major energy facility” means a development of more than local concern carried out in, or in close proximity to, the coastal area, which meets one or more of the following criteria: (A) a facility required to support energy operations for exploration or production Purposes; (B) a facility used to produce, convert, Process, or store energy resources or marketable products; (C) a facility used to transfer, transport, import, or export energy resources or marketable products; (D) a facility used for in-state energy use; or (E) a facility used primarily for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in (A) — (D) of this paragraph; (23) “significant amendment’ means an amendment to an approved district program which (A) results in a major revision, addition or deletion to the policies or implementa- tion methods or authorities included in the district program under 6 AAC 85.090 and 6 AAC 85.100; (B) alters the district boundaries, other than by technical adjustments; (C) designates an area which merits special attention or alters an existing area which merits special attention designation; or 6-113 COASTAL MANAGEMENT REGULATIONS A1-9 Appendix 2 Forest Practice Regulations Register 85, April 1983 CHAPTER 95. FOREST RESOURCES AND PRACTICES Article 1. Forest Practices Procedures (11 AAC 95.010—11 AAC 95.060) 2. Forest Practices Standards (11 AAC 95.100—11 AAC 95.180) 3. Forest Fire Protection (11 AAC 95.400—11 AAC 95.490) NATURAL RESOURCES 11 AAC 95.010 11 AAC 95.020 4. Log Brands (11 AAC 95.700—11 AAC 95.790) 5. General Provisions (11 AAC 95.900) ARTICLE 1. FOREST PRACTICES PROCEDURES Section 10. Purpose 20. Applicability 30. Notification 40. Inspections 50. Forest practices standards 60. Best management practices 11 AAC 95.010. PURPOSE. (a) The purpose of 11 AAC 95.010 — 11 AAC 95.180 is to establish forest practices which will carry out the stan- dards contained in AS 41.17.060. recognizing the intent of the legislature set out in AS 41.17.010. (b) Regulations contained in this chapter are specifically intended to preempt forest practices regulations promulgated in the form of 6 AAC 80.100 under the Coastal Management Act. (Eff. 2/15/81. Reg. 77) Authority: AS 41.17.010 AS 41.17.020 41.17. 11-368 AS 7.080 11 AAC 95.020. APPLICABILITY. (a) Unless otherwise noted. 11 AAC 95.010 ~ 11 AAC 95.180 apply to state. municipal. and private forest land. (b) 11 AAC 95.010 — 11 AAC 95.180 apply if all of the following criteria are met: (1) the operation is on forest land as defined by AS 41.17.950(6): (2) the operation involves any of the follow- ing activities: FOREST PRACTICE REGULATIONS A2- 1 Register 88, January 194 (A) harvesting. including felling. bucking, yarding. decking. hauling. log dumping. log storage. log rafting. and road construction. improvement and maintenance within the operation area: (B) road construction. reconstruction, and maintenance of existing roads not within the operation area. but connected with the harvesting operation: (C) site preparation: (D) precommercial thinning: (E) slash treatment; or (F) any other activity leading to. or connected with, commercial harvest: and (3) the operation is a commercial operation which equals or exceeds in the aggregate the following acreage. or borders upon surface waters (in Region Ila or IIb): (A) 10 acres in Region I: (B) 40 acres in Region IIb; or (C) 160 acres in Region Ila. (Eff. 2/15 81, Reg. 77) Authority: AS 41.17.020 AS 41.17.050 AS 41.17.080 11 AAC 95.030. NOTIFICATION. (a) Opera- tions on state-owned forest land are exempt from the notification procedure of AS 41.17.090 and this section. (b) Notification must be received by the state forester at least 30 days before commencing an operation on forest land. Notification must be submitted on form 10-1033 (Notification of Operation) and form 10-1034 (Forest Practices Information) which are supplied by the division and available at any of the district or area offices of the division. (c) Notifications may be mailed or delivered in person to any of the district or area offices of the division. Applications will be accepted only for those portions of the operation which the applicant states will be completed by A2-2 FOREST PRACTICE REGULATIONS NATURAL RFSOURCES 1] AAC 95.02 1] AAC 95.050 December 31 of the year in which the notifica- tion is made. It the operation continues. notifi- cation must be renewed to reflect changes in or additions to the operation. (Eff. 2 15 81. Reg. 77:am 10 28 83. Reg. 88) Authority: AS 41.17.020 AS 41.17.080 AS 41.17.090 AS 41.17.120 11 AAC 95.040. INSPECTIONS. (a) Forest practices personnel will make every reasonable effort to notify the operator or his representa- tive of a pending inspection at least five days in advance. and will give the operator the oppor- tunity to accompany state personne! during the inspection. This section, however. does not prevent unannounced inspections. (b) A written forest operation inspection report will.be prepared by the forest practices forester after each inspection and will be dis- tributed to the operator, landowner and timber owner. (c) An inspection under this section may serve as an investigation for purposes of AS 41.17.130(b). (Eff. 2/15/81. Reg. 77) Authority: AS 41.17.020 AS 41.17.080 AS 41.17.120 11 AAC 95.050. FOREST PRACTICES STANDARDS. (2) Forest practices standards are set out in 1] AAC 95.100 — 11 AAC 95.180. and constitute the specific standards which carry out the purposes stated in 1] AAC 95.010. The state forester will. in his discretion. grant a waiver of one or more of the standards con- tained in ]1]1 AAC 95.100 — 11 AAC 95.180 if. in a specific situation. he finds that the pur- poses set out in 11 AAC 95.010 would not be furthered by enforcing the standard. Waivers granted under this subsection must be in writing and signed by the state forester. with a copy submitted to the Board of Forestry within 45 days of issuance (b) The state rorester will act within 30 days in processing a request for a waiver. (c) Nothing in this section prevents the state forester from granting variances from laws or regulations administered by other agencies if a cooperative agreement is reached between the various agencies which will grant the state 11-369 Register 88. January 1984 forester this authority. (Eff 215/81. Reg. 77) Authority: AS 41.17.020 .080 AS 41.17 g. o 8 11 AAC 95.060. BEST MANAGEMENT PRACTICES. (a) Best management practices constitute the approved methodology by which the standards referred to in 11 AAC 95.100 — 11 AAC 95.180 may be achieved. Best manage- ment practices are contained in the department's “Forest Practices Field Manual” (Ist Ed.. October. 1981) for the region of the state in which the forest operation occurs and as estab- lished by 11 AAC 95.100. (b) Repealed 11/21/82. (Eff. 2/15/81. Reg. 77: am 11/21/82. Reg. 84) Authority: AS 41.17.020 AS 41.17.080 Editor’s Note: Copies of the Forest Practices Field Manual are obtainable. in person, from any of the district or area offices of the Division of Forest. Land and Water Management in Anchorage, Delta, Fairbanks. Glennallen. Haines. Juneau. Ketchikan. Soldotna or Wasilla, or in writing from the division at 323 East 4th Avenue, Anchorage, Alaska 99501. ARTICLE 2. FOREST PRACTICES STANDARDS Section 100. Designation of regions 110. Road construction and maintenance 120. Harvesting 130. Cleanup and stabilization 140. Aesthetics 150. Log transfer and storage facilities 160. Slash 170. Reforestation 180. Insect and disease prevention and control 11 AAC 95.100. DESIGNATION OF REGIONS. For the purposes of this chapter. the forest land of the state is divided into regions as follows: (1) Region I (Coastal Sitka Spruce /Hemlock Region). Forest land comprised primarily of Sitka spruce. western hemlock. mountain hem- 11-370 NATURAL RESOURCES 11 AAC 95.050 11 AAC 95.100 lock. Alaska cedar. red alder. black cottonwood, western red cedar and lodgepole pine. and located within the following area: Beginning at Tongass. Alaska and then in a northwesterly direction along the boundary between Alaska and Canada to Mount Saint Elias; then westerly along the crest of the Chugach Mountains to a point where the Knik River empties into the Knik Arm: then in a southerly direction along the west slope of the Chugach Mountains to Potter: then in a southwesterly direction along the west slope of the Kenai Mountains to the southwestern tip of Tustumena Lake: then in a northwesterly direction to Clam Gulch: then ina northerly direction up Cook Inlet to the mouth of the Susitna River; then in a northerly direction up the Susitna River to its confluence with the Yentna River; then in a northwesterly direction up the Yentna River to a point approx- imately halfway between Susitna and McDougal: then in a westerly and then southwesterly arc lying north of Beluga Mountain to Mount Spur: then southwesterly along the crest of the Aleu- tian Range to Cape Igvak: then along a line ina southeasterly direction to Cape Sitkinak on Sitkinak Island: then along a line in a north- easterly direction to Cape Suckling: then along the coastline in a southeasterly direction to Cape Spencer: then in a southeasterly direction along the outer coasts of southeastern Alaska includ- ing all the islands of the Alexander Archipelago to Cape Muzon: then in an easterly direction through Dixon Entrance to Tongass. the point of beginning: and (2) Region II (Interior Spruce/Hardwood Region). Forest land comprised primarily of white spruce. paper birch. balsam poplar. quaking aspen. black spruce. tamarack and black cottonwood. and located within the following area: Beginning at Mount Saint Elias and then in a westerly direction along the crest of the Chugach Mountains to a point where the Knik River empties into the Knik Arm: then in a southerly direction along the west slope of the Chugach Mountains to Potter; then in a south- westerly direction along the west slope of the Kenai Mountains to the southwestern tip of Tustumena Lake: then in a northwesterly direction to Clam Gulch; then in a northerly di- rection up Cook Inlet to the mouth of the Susitna River: then in a northerly direction up the Susitna River to its confluence with the Yentna River: then in a northwesterly direction FOREST PRACTICE REGULATIONS A2-3 Register 77, April 1981 up the Yenina River to u point approximately halfway between Susitna and McDougal; then in a westerly and then southwesterly arc lying north of Beluga Mountain to Mount Spur; then southwesterly along the crest of the Aleutian Range to Cape Igvak; then along a line in a northwesterly direction to Togiak; then along a line in a northwesterly direction to Bethel; then along a line in a northwesterly direction to Mountain Village; then in a northerly direction down the Yukon River to its mouth; then along the shoreline of Norton Sound to Nome; then along a line in a northerly direction to Mount Jarvis in the Delong Mountains; then in an easterly direction along the crest of the Brooks Range to Demarcation Point; then south along the boundary between Alaska and Canada to Mount Saint Elias, the point of beginning. That portion of Region II lying north and west of the Alaska Range is designated IIa; the portion lying south of the Alaska Range is designated IIb. (Eff. 2/15/81, Reg. 77) Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.110. ROAD CONSTRUCTION AND MAINTENANCE. (a) No change may be made in the course or channel of natural streams except with the written approval of the Depart- ment of Fish and Game under AS 16.05.840 or AS 16.05.870 or. for waters not identified under AS 16.05.840 or AS 16.05.870, of the state forester. (b) Road design standards and specifications must be adapted to the terrain and soil materials in order to minimize surface disturb- ance and to minimize impact on water quality. (c) Water-crossing structures must provide for passage and movement of fish, as required by the Department of Fish and Game under AS 16.05.840, and minimize impact on water quality. Structures for permanent roads must also accommodate the 25-year frequency storm and passage of upstream debris. Where storm data does not exist, it will be estimated from stream scour marks, existing debris. and other data customarily used to determine the history of storms in the area. (d) Water-crossing structures must be installed in a manner to minimize disturbance of stream- bed or streambank. erosion. or other adverse A2-4 FOREST PRACTICE REGULATIONS NATURAL RESOURCES 11 AAC 95.100 11 AAC 95.110 Impacts On water quality and fish habitat: and ut a time of year that minimizes interference with spawning or migration of fish, as required by the Department of Fish and Game. (e) In Region Ila. ice bridges must be con- structed following accepted practices. In all cases, ice bridges must be constructed so as to go out with natural ice breakup or be breached before breakup if necessary to protect down- stream structures or resources. (f) Construction equipment and machinery may not be operated in or through surface water except with the written approval of the Depart- ment of Fish and Game under AS 16.05.870 or, for waters not identified under AS 16.05.870, by the state forester. (g) Areas of exposed soil must be stabilized to the extent feasible at the normal angle of repose, or less. to minimize soil erosion and subsequent siltation of surface waters. (h) Vegetative debris deposited as a result of an operation must be removed from surface water which supports fish, or has a permitted use under AS 46.15, within 48 hours of its deposition to avoid toxic leaching or obstruc- tion of streamflow. (i) Rock. overburden. and other materials associated with road construction must be placed so as to minimize the possibility of their entry into surface waters. G) No petroleum product may be allowed to enter surface waters. (k) Drainage features and structures such as ditches. cross-drains. crowning. outsloping. cul- verts, and bridges must be maintained to prevent blockage and erosion during periods that the road is in use, and stabilized and maintained or removed once the road has been abandoned or its use otherwise terminated. (1) Any quarry or borrow site for road construction and maintenance purposes under this chapter which is located on state land must have the approval required by AS 38.05.330. Any quarry or borrow site for road construc- tion and maintenance purposes under this chapter which is located within a 25-year 11-371 Register 77. April 1981 floodplain must have the approval of the Depart- ment of Fish and Game under AS 16.05.840 or AS 16.05.870. or the state forester for waters within a 25-year floodplain which are not sub- ject to AS 16.05.840, AS 16.05.870, or AS 38.05 .330. (m) Upon abandonment of upland quarry or borrow sites as a source of material, the banks, headwall. and other exposed surfaces of the site must be stabilized to the extent necessary to prevent soil erosion or mass soil movement. (n) For operations on state-owned forest land, a detailed transportation plan must be developed by the district involved and approved by the state forester before commencement of road building activities. The plan must recognize the long-range transportation needs of the area with regard to forest management and associated uses, and must be revised and updated at five- year intervals unless circumstances indicate more frequent revisions should be undertaken. Before approving any plan, the state forester will con- sult with and consider the views of the Depart- ment of Environmental Conservation and the Department of Fish and Game. (Eff. 2/15/81. Reg. 77) Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.120. HARVESTING. (a) Felling, bucking, and yarding must be conducted so as to (1) avoid depositing vegetative material in surface waters to the extent feasible; if vegeta- tive material enters surface waters, it must be removed as an ongoing process during harvesting activities; (2) protect the integrity of the streambank and its vegetative cover: (3) provide for shading and water filtering effects of vegetation along streams when neces- sary to protect water quality and aquatic habitat: and (4) minimize soil erosion from the cutover area. (b) Landings, skid trails, and fire trails must be located, constructed, maintained, and revege- tated, if necessary, to minimize siltation of sur- face waters. 11-372 NATURAL RESOURCES 11 AAC 95.110 1] AAC 95.140 (c) On state and municipal forest land, harvest- ing plans must recognize. and operations protect, species and their habitats identified by the Department of Fish and Game as threatened or endangered. (d) On state and municipal forest land. a buffer 330 feet in radius must be retained around each bald eagle nesting tree. (e) For operations on state-owned forest land, a detailed harvesting plan must be developed by the district involved and approved by the state forester before harvesting commences. The plan must take into consideration other forest re- sources and the extent to which these resources will be affected by the harvesting activities. Before approving any plan, the state forester will consult with and consider the views of the Department of Environmental Conserva- tion and the Department of Fish and Game. (Eff. 2/15/81, Reg. 77) Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.130. CLEANUP AND STABILI- ZATION. (a) Waste material, such as crankcase oil, fuel, grease. filters, hydraulic fluid. and their containers, resulting from road construction and harvesting activity must be disposed of in accordance with provisions of 18 AAC 60. (b) Machine parts. wire rope. or similar scrap wastes must be disposed of in a stable loca- tion where there is no realistic potential of their entering surface waters or becoming a hazard to big game. (c) Drainage systems must be provided and maintained to control the dispersal of runoff water from exposed soils on landings. skid trails. fire trails, and other unstable or erodible areas to minimize soil erosion and subsequent siltation of surface waters. (d) Unstable or erodible exposed soils must be stabilized by a suitable method to minimize siltation of surface waters. (Eff. 2/15/81, Reg. 77) Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.140. AESTHETICS. Where major scenic attractions, highways, recreation areas. FOREST PRACTICE REGULATIONS A2-5 Register 77, April 1981 or other high-use areas are locuted on state or municipally owned forest land, — special consideration must be given to scenic values by the layout and design of cutting units in these areas to minimize visual impact and by prompt cleanup and regeneration after harvesting. (Eff. 2/15/81, Reg. 77) Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.150. LOG TRANSFER AND STORAGE FACILITIES. (a) Where feasible, preference must be given to onshore storage and barging of logs. (b) Sites for in-water dumping and in-water storage of logs must be minimized, and must be selected in areas having the steepest and the least productive intertidal and subtidal zones to minimize detrimental impact to land and water resources. Safety considerations will be taken into account in selection of in-water dumping and storage sites. (c) Intertidal sites within 300 feet of the mouths of anadromous streams or in areas known to be important for fish spawning or rearing are prohibited unless prior written approval is obtained from the Department of Fish and Game. (Eff. 2/15/81. Reg. 77) h Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.160. SLASH. (a) In areas where slash treatment is necessary to prevent or reduce the spread of fire, concentrations of slash must be reduced by scattering, piling or wind- rowing. mechanized chipping. compacting, bury- ing, or controlled burning. (b) When slash is to be disposed of by burn- ing. vegetative buffers must be protected from fire, and the burning must be accomplished under weather conditions that will minimize air- quality degradation and fire escape. (c) Unstable slash concentrations around land- ings must be disposed of or dispersed to prevent their entry into streams and other water bodies. (d) Within Region II, when beetle brood is present in concentrations of white spruce slash with an outside bark diameter greater than five inches. it must be treated by burning or by some A 2-6 FOREST PRACTICE REGULATIONS NATURAL RESOURCES 1} AAC 95.140 11 AAC 95.170 other method to destroy developing insects and prevent bark-beetle buildup. (Eff. 2/15/81. Reg. 77) Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.170. REFORESTATION. (a) On forest land economically suited for growing and harvesting commercial wood products, reforestation must be accomplished following a harvest, except when the silvicultural objective is to thin the existing stand, in which case the residual stocking must be at the recommended level as defined in the reforestation guidelines of the manual referred to in 11 AAC 95.060(a) for the region of the state in which the forest operation is located. (b) Reforestation must be following harvest within accomplished (1) five years in Region I: (2) 10 years in Region Ila: or (3) seven years in Region IIb. (c) Seedlings must be evenly distributed over the area at a minimum density per acre as de- fined in the reforestation guidelines of the manual referred to in 11 AAC 95.060(a) for the region in which the operation is located. or at least equivalent to the original stand. Seed- lings may be established naturally. or by seeding or planting. (d) On forest land where artificial reforesta- tion has been selected as the management option and suitable seedlings or seeds from appropriate seed source zones are unavailable. or weather conditions or other circumstances beyond the landowner’s control require delay in planting or seeding. a reasonable extension of time will be allowed by the state forester. (e) On forest land. seedlings must have sur- vived two winters on the site, and must exhibit growth, before they can be considered estab- lished. (f) Reforestation will be encouraged. but will not be required on forest land when harvesting of insect- and disease-killed. fire-killed, or wind- thrown timber reduces stocking levels below the acceptable limit. 11-373 Register 77. April 1981 (g) Trees left for future harvest must be adequately protected from damage resulting from harvest operations to assure their survival and growth. (Eff. 2/15/81, Reg. 77) Authority: AS 41.17.020 AS 41.17.080 11 AAC 95.180. INSECT AND DISEASE PREVENTION AND CONTROL. (a) Silvicul- tural systems employed on state and municipally owned forest land must be designed to prevent or control insect infestations and disease infec- tion. (b) When the commissioner finds forest land or timber that is infested by forest insect pests, infected by forest tree disease, or threatened by insect pests or forest tree disease, he will deter- mine whether measures of control are necessary and available and to which areas the control measures should be applied. Thereafter. the commissioner will, in his discretion, designate a disease or insect control area with definite boundaries. The area may include threatened forest land or timber as well as forest land or timber already affected. (c) The commissioner will immediately notify in writing all owners of forest land or timber within the designated control areas. The notice will be served by delivery of a copy of the notice to the owner, or by mail addressed to the owners’ last known place of address. In addition. the commissioner will publish a legal descrip- tion of the designated control area at least once a week for two consecutive weeks in one or more newspapers of general circulation in or near the designated control area. (d) The commissioner will assist. upon request of the owners of forest land or timber within the designated control area, with the control and salvage measures necessary, to the extent that there is available funding for undertaking the assistance. (e) When the commissioner determines that forest insect pest or forest tree disease control work within the designated control area is no longer necessary or feasible, the commissioner will terminate the designation. (f) When trees on state and municipally owned forest land contain insects or disease which pose 11-374 NATURAL RESOURCES 11 AAC 95.170 11 AAC 95.410 a signific:nt threat to surrounding healthy trees. they must be salvaged as rapidly as is practi- cable, dependent upon access and marketability, to prevent spread of the forest pests or disease. Trees must also be salvaged where environmental catastrophes such as wind or flooding cause them to be highly susceptible to bark-beetle infestation. (g) Where salvage of trees killed by insects or disease is conducted for the sole purpose of using wood fiber and is consistent with the management objectives for state and municipal forest land, salvage should occur before wood deterioration results, if a significant loss of merchantability is to be avoided. (Eff. 2/15/81. Reg. 77) Authority: AS 41.17.020 AS 41.17.080 ARTICLE 3. FOREST FIRE PROTECTION Section 400. Purpose 410. Permit 420. Content of permit 430. Denial, suspension, or revocation of permit 440. Place of burning 450. Emergency closure 460. Public notice 470. Environmental control 480. Additional equipment for operations 490. Other governmental laws 11 AAC 95.400. PURPOSE. It is the purpose of 11 AAC 95.400 — 11 AAC 95.490 to provide for the protection of forested land from fire. (Eff. 2/15/81, Reg. 77) Authority: AS 41.15.020 AS 41.17.020 AS 41.17.080 11 AAC 95.410. PERMIT. (a) A burning per- mit is required during the fire season for the burning of any material in areas designated by the commissioner. A burning permit is not re- quired when the burning is contained within an approved device, or for cooking, warming, or signaling fires. (b) A burning permit may be obtained by applying to the commissioner. The applicant FOREST PRACTICE REGULATIONS A2-7 Register 77. April 1981 shall provide the commissioner with informa- tion as to the type. location, and person in charge of the burning, the area and material to be burned, and the number of persons control- ling the burn. (c) An applicant issued a burning permit may not burn any material covered by the permit unless he has the permit in his possession. The permit must be displayed to a designee of the commissioner upon request. (d) Before issuing a permit, the commissioner will, in his discretion, require that he inspect the area and material to be burned. (Eff. 2/15/81, Reg. 77) Authority: AS 41.15.020 AS 41.15.060 AS 41.17.020 AS 41.17.080 11 AAC 95.420. CONTENT OF PERMIT. (a) Each permit must be on a form provided by the department and must contain (1) the name and address of permittee; (2) the name of the person designated by the commissioner to issue the permit: (3) the forest protection area where the burn- ing will be conducted: (4) the dates of issuance and expiration of the permit: (5) a detailed description of the area where the burning will be conducted, designated by borough, subdivision, section, township, range, meridian, and local landmarks; and (6) the amount of acres or area to be burned. (b) Each permit may provide (1) a specific time and date for the bum; (2) the minimum number of persons and equipment employed to control or extinguish the burn; and (3) limitation as to the size of the bum and the number of burns. (Eff. 2/15/81. Reg. 77) Authority: AS 41.15.020 AS 41.15.050 AS 41.17.080 A2-8 FOREST PRACTICE REGULATIONS NATURAL RESOURCES 11 AAC 95.410 11 AAC 95.470 11 AAC 95.430. DENIAL, SUSPENSION, OR REVOCATION OF PERMIT. (a) A burn- ing permit will be denied, in the commissioner's discretion, if the commissioner is not permitted to inspect the area and material to be burned. The commissioner will, in his discretion, deny, suspend or revoke a permit, to protect life or property. (b) A permit is suspended by an emergency closure to burning in the permit area. If the emergency closure remains in effect past the expiration date of a permit, the permit is re- voked, and a new permit must be obtained. (Eff. 2/15/81, Reg. 77) Authority: AS 41.15.020 AS 41.15.090 AS 41.15.050 AS 41.17.080 AS 41.15.060 11 AAC 95.440. PLACE OF BURNING. A permitted burn must be confined to an area surrounded by mineral soil, gravel or rock, or must be surrounded by a natural or constructed firebreak. (Eff. 2/15/81, Reg. 77) Authority: AS 41.15.020 AS 41.15.090 AS 41.15.050 AS 41.17.080 AS 41.15.060 11 AAC 95.450. EMERGENCY CLOSURE. The commissioner will, in his discretion, during -the fire season. close an area to setting of fires. burning. smoking, entry. or other use of land. when, in his judgment, the activities would un- duly increase the fire danger. (Eff. 2/15/81. Reg. 77) Authority: AS 41.15.020 AS 41.15.050 AS 41.17.080 11 AAC 95.460. PUBLIC NOTICE. An emer- gency closure will be announced by publica- tion in a newspaper of general circulation in the area closed of a public notice issued by the commissioner specifying the area closed and the effective date of closure. (Eff. 2/15/81. Reg. 77) Authority: AS 41.15.020 AS 41.15.060 AS 41.15.050 AS 41.17.080 11 AAC 95.470. ENVIRONMENTAL CON- TROL. Any burning authorized by a permit ob- tained under this chapter must be conducted in the manner required by 18 AAC SO. Air Quality Control Regulations, and 18 AAC 60, Solid 11-375 Register 77. April 1981 Waste Regulations. (Eff. 2/15/81. Reg. 77) Authority: AS 41.15.020 AS 41.15.060 AS 41.15.050 AS 41.17.080 11 AAC 95.480. ADDITIONAL EQUIPMENT FOR OPERATIONS. (a) All saws must be equipped with a spark-arresting device con- structed to retain or destroy 90 percent or more of the carbon particles having a major diameter greater than 0.023 inches (0.584 mm). A spark- arresting device equipped with a woven screen with a maximum opening size of 0.023 inches (0.584 mm), constructed of heat- and corrosion- resistant wire at least 0.013 inches (0.330 mm) in diameter, will be considered in compliance with the requirement if the total screen opening area is not less than 125 percent of the engine exhaust-port area. The unit must be constructed to permit easy removal of the screen for field inspection, replacement, and cleaning. (b) The commissioner will, in his discretion, in writing, modify or waive any requirement of this section if he finds that conditions so warrant. The commissioner will take into consideration factors including, but not limited to. the type, size. and location of the operation and type of equipment in use. in making his decision. (Eff. 2/15/81. Reg. 77) Authority: AS 41.15.020 AS 41.17.080 11 AAC 95.490. OTHER GOVERNMENTAL LAWS. A permit issued under 11 AAC 95.400 — 11 AAC 95.430 is subject to local laws and regu- lations which are more restrictive. (Eff. 2/15/81. Reg. 77) Authority: AS 41.15.050 AS 41.15.060 ARTICLE 4. LOG BRANDS Section 700. Log brand 710. Barged logs 720. Brand design 730. Acceptance or rejection of application 740. Cancellation of registration 750. Fees for registration or transfer of registration 760. Reservation of brands 770. Registration upon transfer 780. Use of unregistered brand 790. Notice or demand 11-376 NATURAL RESOURCES 11 AAC 95.470 11 AAC 95.740 11 AAC 95.700. LOG BRAND. In this chapter and in AS 45.50.210 — 45.50.325. “brand” means (1) a mark or other designation that has been registered with the department: or (2) an impression stamped on timber prop- erty with a branding hammer. (Eff. 2/15/81. Reg. 77) Authority: AS 38.05.020 AS 45.50.315 AS 45.50.325 11 AAC 95.710. BARGED LOGS. Timber property transported by a self-dumping barge will be presumed, upon being loaded on the barge, to be intended to be put in a waterway of the state within the meaning of AS 45.50.230(a). (Eff. 2/15/81, Reg. 77) Authority: AS 38.05.020 AS 45.50.230(a) AS 45.50.315 11 AAC 95.720. BRAND DESIGN. (a) A dia- gram or design on paper, within the meaning of AS 45.50.210(b). will be considered acceptable if it is a sketch or drawing with exact dimensions shown, or a paint or ink impression of the brand. The department will. in its discretion. re- quest the owner of a brand to furnish a paint or ink impression of the brand on paper at any time in order to confirm that the owner's brand- ing hammer conforms to the design of the brand as registered. (b) The actual size of the brand must be at least two inches in diameter or dimensions. (Eff. 2/15/81. Reg. 77) 11 AAC 95.730. ACCEPTANCE OR REJEC- TION OF APPLICATION. No application will be accepted unless accompanied by the registra- tion fee and, if requested by the department, an impression of the brand and additional descrip- tive information. (Eff. 2/15/81, Reg. 77) Authority: AS 45.50.210(b) AS 45.50.260 AS 45.50.220 AS 45.50.315 11 AAC 95.740. CANCELLATION OF REG- ISTRATION. (a) The department will. in its FOREST PRACTICE REGULATIONS A2-9 Register 84. January 193 discretion. cancel a brand registration. follow- ing notice and an opportunity to be heard (1) if the owner fails to furnish an impression of the brand or information about the brand or use of the brand when requested to do so by the department; (2) upon conviction under AS 45.50.320; or (3) if the applicant or owner fails to reply to a certified or registered letter from the depart- ment requesting information concerning the log brand within a specified period of time: the time period will not be less than 15 days from the date the letter is metered. (b) A brand registration will be cancelled by request of its owner. The cancellation will be effective upon receipt by the department of a written notice from the owner requesting the cancellation. (Eff. 2/15/81, Reg. 77) Authority: AS 38.05.020 AS 45.50.315 AS 45.50.210 AS 45.50.320 11 AAC 95.750. FEES FOR REGISTRATION OR TRANSFER OF REGISTRATION. (a) The fee for registration or transter of a registration is set out in a fee schedule posted in the district offices of the division. (b) The fee may be forfeited if an application is rejected. (c) The fee is forfeited if a brand registration is cancelled before the expiration of the period of registration. (Eff. 2/15/81. Reg. 77) Authority: AS 38.05.020 AS 45.50.260 AS 45.50.210 AS 45.50.280 AS 45.50.220 AS 45.50.315 11 AAC 95.760. RESERVATION OF BRANDS. When an acceptable application has been received for registration or renewal of brand registration, the brand will be reserved to the applicant. (Eff. 2/15/81. Reg. 77) Authority: AS 38.05.020 AS 45.50.315 11 AAC 95.770. REGISTRATION UPON TRANSFER. No registered brand may be transfered to or used by or on behalf of a third party except after prior written notice to the department, accompanied by a true copy of the A2-10 FOREST PRACTICE REGULATIONS NATURAL RESOURCES 11 AAC 95.740 11 AAC 95.900 Instrument. of transfer gs required by AS 45.50.2600. together with the registration fee. Upon receipt and filing for record of a copy of the transfer instrument and the fee. the depart- ment will register the brand and issue a certifi- cate to the new owner. (Eff. 2.15/81, Reg. 77) Authority: AS 38.05.020 AS 45.50.280 AS 45.50.260 AS 45.50.315 11 AAC 95.780. USE OF UNREGISTERED BRAND. Logs branded with an unregistered brand. or with a registered brand used by a person not authorized to use it, will be con- sidered for all purposes to be unbranded. (Eff. 2/15/81, Reg. 77) AS 38.05.020 AS 38.50.315 AS 38.50.320 Authority: 11 AAC 95.790. NOTICE OR DEMAND. Any notice or demand under this chapter or under AS 45.50.215 — AS 4§.50.325 must be in writing, and must be sent by certified or regis- tered mail to the other party at the address of record. Either party may designate in writing a new address to which the ui or demand is to be mailed. A writt ce or demand is considered delivered wh iled leley a US. general or branch post o . (Eff. 2 15°81. Reg. 77) Authority: AS 38§.05.020 AS 38.50.315 AS 38.50.320 ARTICLE $ GENERAL PROVISIONS Section 900. Definitions 11 AAC 95.900. DEFINITIONS. In_ this chapter. unless the context otherwise requires (1) “abandonment” will be considered to have occurred where the cperator leaves a site intending not to return. or has not used a site for a period of one year: (2) “alternative practice” means a practice which. in the judgment of the operator. is equal to or better than a practice identified in the manual referred to in 1] AAC 95.060(a) for the region in which the forest operation is located; 11-377 Register 84. January 1983 (3) ‘approved device” includes conventional and portable stoves, fireplaces, and incinerators with adequate safeguards to prevent escapement of fire; (4) “aquatic and terrestrial habitat” means habitat normally used by fish or wildlife to sus- tain life; (5) “beach log salvage” means the recovery of timber property that is no longer in posses- sion or control of its owner or rightful trans- porter; (6) “borrow site” means an excavation site outside the limits of construction to provide materials necessary to that construction, such as fill material; (7) “burning” includes setting fires and ex- cludes smoking; (8) ‘commercial operation” means an opera- tion or harvest producing wood products for sale; (9) “commissioner” means the commissioner of natural resources or his authorized designee: (10) “cooking, warming. or signaling fire” means a small ‘fire, contained within a natural or artificial barrier to prevent its escape, used for cooking. signaling. or warming, and attended at all times; (11) ‘‘cross-drain” means a cross ditch used to move water from one side of a road to the other to prevent accumulation of runoff without the need of a culvert or bridge; (12) ‘‘crowning” means to shape the running surface of a road higher in the center in order to direct runoff to roadside ditches rather than channel it down the centerline; (13) “department” means the Department of Natural Resources; (14) “display” or “displayed” means situated or placed in a readily discernible manner on timber property; (15) “division’’ means the division of forestry in the Department of Natural Resources: 11-378 NATURAL RESOURCES 11 AAC 95.900 (16) “feasible” means capable of being accomplished in a successful manner within a reasonable period of time. taking into account economic, environmental, technical. and safety factors; (17) “forest land,” in 11 AAC 95.010 — 11 AAC 95.180, is as defined by AS 41.17.950(6): (18) ‘‘forested land,” in 11 AAC 95.400 — 11 AAC 95.490, is as defined by AS 41.15.170(3): (19) “forest practices forester’? means the field person assigned by the department to implement the Act; (20) “land economically suited for the grow- ing and harvesting of wood products” means forest land capable of producing repeated crops of forest products including, but not limited to, sawlogs, pulpwood. and firewood; (21) “material” includes any organic or in- organic flammable substance such as trees, brush. weeds. grass. wood, lumber, trash, papers, clothes, tires. and chemicals: (22) “mineral soil” means a soil containing insufficient organic material to sustain fire; (23) “normal! angle of repose’? means the angle at which cut slopes will stand naturally, and varies by type of material: (24) “operation.” in 11 AAC 95.010 — 11 AAC 95.180. is as defined by AS 41.17.950(6); in 11 AAC 95.400 — 11 AAC 95.490. ‘opera- tion” has the same meaning. plus land clearing activities on forested land: (25) “outsloping” means to shape the running surface of a road in a manner to carry runoff to the downslope side of the road, and is used for roads without roadside ditches; (26) “permit” means burning permit; (27) “stabilize” means to make resistant to shifting or erosion by mechanical or other means: (28) “state forester” means the state forester or his authorized representative; FOREST PRACTICE REGULATIONS A2-11 Register 91. October 1984 NATURAL RESOURCES (29) “surface waters” means ponds and lakes greater than 1U acres in size. and streams. creeks. and rivers which are valuable for domestic use, spawning. rearing. or migration of fish, or have value to protect water quality; (30) “‘upstream debris” means slash or debris located 50 feet or less upstream from a culvert or bridge that may reasonably be expected to plug the inlet or damage the structure: and (31) “waiver” means a deviation from stan- dards set out in 11 AAC 95.100 — 11 AAC 95.180 which is approved by the state forester with the concurrence of the Department of Fish and Game and the Department of Environmen- tal Conservation. (Eff. 2/15/81, Reg. 77; am 11/21/82, Reg. 84) Authonty: AS 41.15.050 AS 41.17.020 : AS 41.15.060 AS 41.17.080 AS 41.15.090 A2-12 FOREST PRACTICE REGULATIONS 11 AAC 95.900 11 AAC 96.010 11-379 Appendix 3 Beach Log Salvage- ACMP General Concurrence GENERAL CONCURRENCE 84-GC-10 12/31/84 The following activity is consistent with the Alaska Coastal Management Program as per 6 AAC 50.050(c) and (e) when conducted according to the conditions listed below. This does not relieve the applicant from obtaining required permits and approvals from individual agencies. This concurrence is for a one year period, and will be reviewed by the agencies in December 1985. DESCRIPTION OF THE ACTIVITY: Salvage of abandoned timber property (beach logs) from the waters and tidelands of the State. The timber industry in Alaska has moved logs from the forest to the mill via log rafts and barges since logging first began. Transported logs being continually lost due to weather, Tough seas, and other misfortunes causing a considerable volume to become abandoned on the waters and beaches of the State. The abandoned logs would become wasted resource and a hazard to navigation, if they were left abandoned. The State, in cooperation with the U.S. Forest Service, administers a beach log salvage program to allow licensed salvagers to recover abandoned logs. Authority: 11 AAC 71.400; AS 45.50.235(b) (DNR). Permit: Log Salvage License. Region: Statewide STANDARD CONDITIONS: 1. Salvage operations under this license must be conducted so as to avoid damage to streams or other water areas and adjacent upland. Timber may not be skidded in or across anadromous fish streams. All operations shall be conducted so as to avoid stream silting, interference with the passage of fish, or injury to the spawning grounds in compliance with AS 16.05.870. 2. During actual operations on the waters, beaches, and tidelands of the State, the purchaser: a. will not drag or skid logs across estuarine tidal flats; b. will not allow logs to ground at any tidal stage during storage; c. will not be allowed to salvage logs within 200 feet of the mouth of a DFG designated anadromous fish stream; d. will not salvage logs from tidal flats which border on tidal marshes or tidal meadows; and e. will not be allowed to operate within the navigable portions of any streams or rivers. 3. No A-frames, skidders, or other beached equipment shall be used in conjunction with the Li- cense without first being authorized in writing by the Forester-in-Charge and properly bonded. 4. The operator will not log across canoe landings, fish weirs, or petroglyphs. If such sites are found, the operator will report the locations to the State Forester. 5. No salvage is permitted within 330 feet of eagle nest trees delineated on the sale area Map. 6. This permit does not authorize the construction of log transfer facilities, or the salvage of logs within portions of streams containing anadromous fish. 84-GC-10 BEACH LOG SALVAGE A3-1 Appendix 4 Parts 320-323, Title 33, Code of Federal Regulations Title 33—Navigation and Navigable Waters tion to the consideration by the Board of the general economic effects of the zone on local and foreign commerce, general location of wharves and facili- ties, and other factors pertinent to construction, operation, and mainte- nance of the zone. PART 323—PERMITS FOR DIS- CHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES Sec. 323.1 General. 323.2 Definitions. 323.3 Discharges requiring permits. 323.4 Discharges not requiring permits. 323.5 Program transfer to States. 323.6 Special policies and procedures. AUTHORITY: 33 U.S.C. 1344. Source: 47 FR 31810, July 22, 1982, unless otherwise noted. $323.1 General. This regulation prescribes, in addi- tion to the general policies of 33 CFR Part 320 and procedures of 33 CFR Part 325, those special policies, prac- tices, and procedures to be followed by the Corps of Engineers in connection with the review of applications for De- partment of the Army permits to au- thorize the discharge of dredged or fill material into waters of the United States pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) (hereinafter referred to as Section 404). See 38 CFR 320.2(g). Certain dis- charges of dredged or fill material into waters of the United States are also regulated under other authorities of the Department of the Army. These include dams and dikes in navigable waters of the United States pursuant to Section 9 of the River and Harbor Act of 1899 (33 U.S.C. 401; see 33 CFR Part 321) and certain structures or work in or affecting navigable waters of the United States pursuant to Sec- tion 10 of the River and Harbor Act of 1899 (33 U.S.C. 403; see 33 CFR Part 322). A Department of the Army permit will also be required under these additional authorities if they are applicable to activities involving dis- charges of dredged or fill material into waters of the United States. Appli- cants for Department of the Army CODE OF FEDERAL REGULATIONS A4-1 Chapter ll—Corps of Engineers permits under this part should refer to the other cited authorities and imple- menting regulations for these addi- tional permit requirements to deter- mine whether they also are applicable to their proposed activities. $323.2 Definitions. For the purpose of this regulation, the following terms are defined: (a) The term “waters of the United States” means: ' (1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other waters such as intra- state lakes, rivers, streams (including intermittent streams), mudflats, sand- flats, wetlands, sloughs, prairie pot- holes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce includ- ing any such waters: (i) Which are or could be used by interstate or foreign travels for recre- ational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in inter- State or foreign commerce; or (iii) Which are used or could be used for industrial purposes by industries in interstate commerce; (4) All impoundments of waters oth- vIwise defined as waters of the United States under this definition. (5) Tributaries of waters identified in paragraphs (a)(1) through (a)(4) of this section; (6) The territorial sea; (1) Wetlands adjacent to waters (other than waters that are them- selves wetlands) identified in para- graphs (a1) through (a6) of this section. Waste treatment systems, in- cluding treatment ponds or lagoons ‘The terminology used by the CWA is “navigable waters” which is defined in Sec- tion 502(7) of the Act as “waters of the United States including the territorial seas.” For purposes of clarity, and to avoid confu- sion with other Corps of Engineers regulato- ry programs, the term “waters of the United States” is used throughout this regulation. § 323.2 designed to meet the requirements of CWA (other than cooling ponds as de- fined in 40 CFR 123.11(m) which also meet the criteria of this definition) are not waters of the United States. (b) The term “navigable waters of the United States” means those waters of the United States that are subject to the ebb and flow of the tide shore- ward to the mean high water mark and/or are presently used, or have been used in the past, or may be sus- ceptible to use to transport interstate or foreign commerce. (See 33 CFR Part 329 for a more complete defini- tion of this term.) (c) The term “wetlands” means those areas that are inundated or satu- rated by surface or ground water at a frequency and duration sufficient to support, and that under normal cir- cumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. (d) The term “adjacent” means bor- dering, contiguous, or neighboring. Wetlands separated from other waters of the United States by man-made dikes or barriers, natural river berms, beach dunes and the like are “adjacent wetlands.” (e) The term “lake” means a stand- ing body of open water that occurs in a natural depression fed by one or more streams from which a stream may flow, that occurs due to the wid- ening or natural blockage or cutoff of a river or stream, or that occurs in an isolated natural depression that is not a@ part of a surface river or stream. The term also includes a standing body of open water created by artifi- cially blocking or restricting the flow of a river, stream, or tidal area. As used in this regulation, the term does not include artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water for such purposes as stock watering, irri- gation, settling basins, cooling, or rice growing. (f) The term “ordinary high water mark” means that the line on the shore established by the fluctuations of .water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; 537 A4- 2 CODE OF FEDERAL REGULATIONS § 323.2 changes in the character of soil; de- struction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the charactertics of the surrounding areas. (g) The term “high tide line” is the line used in Sec. 404 determinations and means a line or mark left upon tide flats, beaches, or along shore ob- jects that indicates the intersection of the land with the water’s surface at the maximum height reached by a rising tide. The mark may be deter- mined by a line of oil or scum along shore objects, a more or less continu- ous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The term includes spring high tides and other high tides that occur with peri- odic frequency, but does not include storm surges in which there is a depar- ture from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other insense storm. (h) The term “headwaters” means the point on a non-tidal stream abou which the average annual flow is less than five cubic feet per second.? The District engineer may estimate this point from available data by using the mean annual area precipitation, area drainage basin maps, and the average runoff coefficient, or by similar means. (i) The term “dredged material” means material thet is excavated or dredged from waters of the United States. (j) The term “discharge of dredged material” means any addition of dredged material into the waters of the United States. The term includes, without limitation, the addition of dredged material to a specified dis- charge site located in waters of the United States and the runoff or over- flow from a contained land or water ?For streams that are dry during long pe- riods of the year, district engineers may es- tablish the headwater point as that point on the stream where a flow of five cubic feet ber second is equaled or exceeded 50 percent of the time. Title 33—Navigation and Navigabie Waters disposal area. Discharges of pollutants into waters of the United States re- sulting from the onshore subsequent processing of dredged material that is extracted for any commercial use (other than fill) are not included within this term and are subject to Section 402 of the Clean Water Act even though the extraction and depos- it of such material may require a permit from the Corps of Engineers. The term does not include plowing, cultivating, seeding and harvesting for the production of food, fiber, and forest products. (kk) The term “fill material” means any material used for tie primary pur- Pose of replacing an aquatic area with dry land or. of changing the bottom elevation of an waterbody. The term does not include any pollutant dis- charged into the water primarily ‘to dispose of waste, as that activity is reg- ulated under Section 402 of the Clean Water Act. (1) The term “discharge of fill mate- rial” means the addition of fill materi- al into waters of the United States. The term generally includes, without limitation, the following activities: Placement of fill that is necessary to the construction of any structure in a water of the United States; the build- ing of any structure or impoundment requiring rock, sand, dirt, or other ma- terial for its construction; site-develop- ment fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; dams and dikes; artificial islands; property pro- tection and/or reclamation devices such as riprap, groins, seawalls, break- waters, revetments; beach nourish- ment; levees; fill for structures such as sewage treatment facilities, intake and outfall pipes associated with power plants and subaqueous utility lines; and artificial reefs. The terms does not include plowing, cultivating, seeding and harvesting for the production of food, fiber, and forest products. (m) The term “individual permit” means a Department of the Army au- thorization that is issued following & case-by-case evaluation of a specific project involving the proposed discharge(s) in accordance with the procedures of this regulation and 33 CFR Part 325 and a determination 538 CODE OF FEDERAL REGULATIONS A4-3 Chapter ii—Corps of Engineers that the proposed discharge is in the public interest pursuant to 33 CFR: Part 320. fa ~() The term “general permit’ means a Department of the Army au-: thorization that is issued on a nation- wide (‘nationwide permits’) or region- al (“regional permits”) basis for a cate- gory or categories of activities when: «:: . (1) those activities are substantially. similar in nature and cause only mini-- mal individual and cumulative envi-. ronmental impacts; or « (2) the general permit would result: in avoiding unnecessary duplication of - regulatory control exercised by an- other Federal, state, or local agency provided it has been determined that the environmental consequences of the action are individually and cumu- latively minimal. (See 33 CFR 325.2(e) and 33 CFR Part 330). : 8 323.3 Discharges requiring permits. - (a) General. Except as provided in $323.4 below, Department of the. Army permits will be required for the’ discharge of dredged or fill material into waters of the United States. Cer- tain discharges specified ‘n 53 CFR Part 330 are permitted by that regula- tion (“nationwide permits”). Other- discharges may be authorized by -dis- trict or division engineers on a region- al basis (“regional permits”). If a dis- charge of dredged or fill material is not exempted by § 323.4 of this part or permitted by 33 CFR Part 330, an indi-- vidual or regional Section 404 permit: will be required for the discharge of dredged or fill material into waters of the United States. (b) Activities of Federal agencies.. Discharges of dredged or fill material into waters of the United States done: by or on behalf of any Federal agency,: other than the Corps of Engineers (see 33 CFR 209.145), are subject to the au- thorization procedures of these regula-. tions. Agreement for construction or engineering services performed for other agencies by the Corps of Engi- neers does not constitute authoriza- tion under the regulations. Division and district engineers will therefore advise Federal agencies and instru- mentalities accordingly and cooperate to the fullest extent in expediting the Processing of their applications. § 323.4 $323.4 Discharges not requiring permits. “(a) General, Except as specified in paragraphs (b) and (c) of this section; any discharge of dredged or fill mate- rial that may result from any of the following . activities is not prohibited by or otherwise subject to regulation under Section 404: “.(144) Normal farming, silviculture and ranching activities such as plow- ing, seeding, cultivating, minor drain- age, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation’ Practices, as defined in paragraph (a1) ili) of this section. (ii) To fall under this exemption, the. activities specified in paragraph (a1) of this section must be part of an established (i.e., on-going) farming, silviculture, or ranching operation. Ac- tivities on areas lying fallow as part of a@ conventional rotational cycle are part of an established operation. Ac- tivities which bring an area into farm- ing, silviculture, or ranching use are not part of an established operation. An operation ceases to be established when the area on which it was con- ducted has been converted to another use or has lain idle so long that modi- fications to the hydrological regime are necessary to resume operations. If an activity takes place outside the waters of the United States, or if it does not involve a discharge, it does not need a section 404 permit, whether. or not it is part of an established farm-. ing, silviculture, or ranching oper; % ation. (iii)(A) Cultivating means physical methods of soil treatment employed within established farming, ranching and silviculture lands on farm, ranch, or forest crops to aid and improve their growth, quality or yield. (B) Harvesting means physical meas-. ures employed directly upon farm, forest, or ranch crops within estab- lished agricultural and_ silvicultural lands to bring about their removal from farm, forest, or ranch land, but does not include the construction of farm, forest, or ranch roads. : (C)(1) Minor Drainage means: (i) The discharge of dredged or fill material incidental to connecting upland drainage facilities to waters of 539 A4-4 CODE OF FEDERAL REGULATIONS § 323.4 the United States, adequate to effect the removal of excess soil moisture from upland croplands. (Construction, and maintenance of upland (drylandy facilities, such as ditching and tiling, incidental to the planting, cultivating, protecting, or harvesting of crops, in-. volve no discharge of dredged or fill material into waters of the United States, and as such never require a Section 404 permit.); (ii) The discharge of dredged or fill material for the purpose of installing ditching or other such water control facilities incidental to planting, culti- vating, protecting, or harvesting of rice, cranberries or other wetland crop species, where these activities and the discharge occur in waters of the United States which are in established use for such agricultural and silvicul- tural wetland crop production; = (iii) the discharge of dredged or fill material for the purpose of manipulat- ing the water levels of, or regulating the flow or distribution of water within, existing impoundments which: have been constructed in accordance with applicable requirements of CWA, and which are in established use for the production of rice, cranberries, or other wetland crop species.* (iv) The discharge of dredged or fill material incidental to the emergency removal of sandbars, gravel bars, or: other similar blockages which are formed during flood flows or other events, where such blockages close or constrict previously existing drain- ageways and, if not promptly removed, would result in damage to or loss of- existing crops or would impair or pre- vent the plowing, seeding, harvesting: or cultivating crops on land in estab-' lished use for crop production. Such: removal does not include enlarging or extending the dimensions of, or chang- ing the bottom elevations of, the af- fected drainageway as it existed prior *The provisions of Paragraphs (a1 ii C144) and (44) of this section apply to areas that are in established use exclusively for wetland crop production as well as areas in established use for conven- tional wetland/non-wetland crop rotation (e.g., the rotations of rice and soybeans) where such rotation results in the cyclical or intermittent temporary dewatering of such areas. Title 33—Navigation and Navigable Waters to the formation of the blockage. Re- moval must be accomplished within one year of discovery of such block- ages in order to be eligible for exemp- tion. (2) Minor drainage in waters of the U.S. is limited to drainage within areas that are part of an established farm- ing or silviculture operation. It does not include drainage associated with the immediate or gradual conversion. of a wetland to a non-wetland (e.g., wetland species to upland species not typically adapted to life in saturated soil conditions), or conversion from one wetland use to another (for exam- ple, silviculture to farming). In addi- tion, minor drainage does not include the construction of any canal, ditch, dike or other waterway or structure which drains or otherwise significantly modifies a stream, lake, swamp, bog or. any other wetland or aquatic area con- stituting waters of the United States. Any discharge of dredged or fill mate- rial into the waters of the United States incidental to the construction of any such structure or waterway re- quires a permit. (D) Plowing means all forms of pri- mary tillage, including moldboard, chisel, or wide-blade plowing, discing, harrowing and similar physical means utilized on farm, forest or ranch land for the breaking up, cutting, turning over, or stirring of soil to prepare it for the planting of crops. The term does not include the redistribution of soil, rock, sand, or other surficial ma- terials in a manner which changes any of area of the waters of the United States to dry land. For example, the redistribution of surface materials by blading, grading, or other means to fill in wetland areas is not plowing. Rock crushing activities which result in the loss of natural drainage characteris-, tics, the reduction of water storage and recharge capabilities, or the over- burden of natural water filtration ca- pacities do not constitute plowing. Plowing will never involve a discharge. of dredged or fill material. (E) Seeding means the sowing of seed and placement of seedlings to produce farm, ranch, or forest crops and includes the placement of soil beds for seeds or seedlings on estab- lished farm and forest lands. 540 CODE OF FEDERAL REGULATIONS A4-5 Chapter ll—Corps of Engineers (2) Maintenance, including emergen- cy reconstruction of recently damaged’ parts, of currently serviceable struc- tures such as dikes, dams, levees,’ groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Mainte- nance does not include any modifica- tion that changes the character, scope, or size of the original fill design. Emergency reconstruction must occur within a reasonable period of time after damage occurs in order to qual- ify for this exemption. 1s (3) Construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance (but not construction) of drainage ditches. Dis-- charges associated with irrigation fa- cilities in the waters of the U.S. are in- cluded within the exemption unless: the discharges have the effect of bringing these waters into a use to’ which they were not previously sub- ject and the flow or circulation may be impaired or reach reduced of such waters. i (4) Construction of temporary sedi-’ mentation basins on a construction site which does not include placement of fill material into waters of the U.S. The term “construction site” refers to any site involving the erection of buildings, roads, and other discrete structures and the installation of sup- port facilities necessary for construc- tion and utilization of such structures. The term also includes any other land areas which involve land-disturbing’ excavation activities, including quarry-' ing or other mining activities, where: an increase in the runoff of sediment is controlled through the use of tem- porary sedimentation basins. (5) Any activity with respect to’ which a state has an approved pro- gram under section 208(b)(4) of CWA which meets the requirements of sec-: tions 208(b)(4)(B) and (C). (6) Construction or maintenance of farm roads, forest roads, or temporary’ roads for moving mining equipment, where such roads are constructed and maintained in accordance with best management practices (BMPs) to assure that flow and circulation pat-: terns and chemical and biological’ characteristics of waters of the United States are not impaired, that the § 323.4 reach of the waters of the United States is not reduced, and that any ad- verse effect on the aquatic environ- ‘ment will be otherwise minimized.’ These BMPs which must be applied to satisfy this vrovision shall include those detailed BMPs described in the state’s approved program description pursuant to the requirements of 40 CFR 123.4(h)(4), and shall also include the following baseline provisions: (i) Permanent roads (for farming or forestry activities), temporary access croads (for mining, forestry, or farm, purposes) and skid trails (for logging). in waters of the U.S. shall be held to the minimum feasible number, width,, and total length consistent with the purpose of specific farming, silvicul- ‘tural or mining operations, and local : topographic and climatic conditions; : »~(ii) All roads, temporary or perma- nent, shall be located sufficiently far. from streams or other water bodies (except for portions of such roads which must cross water bodies) to min:: -imize discharges of dredged or fill me-' terial into waters of the U.S.; (iii) The road fill shall be bridged, culverted, or otherwise designed to prevent the restriction of expected: -flood flows; (iv) The fill shall be properly stabi- lized and maintained during and fol- lowing construction to prevent ero. sion; . (v) Discharges of dredged or fill ma! terial into waters of the United States to construct a road fill shall be made‘ -in a manner that minimizes the en-, croachment of trucks, tractors, bull-' dozers, or other heavy equipment’ within waters of the United States (in- ‘cluding adjacent wetlands) that He’ outside the lateral boundaries of the, “fl itself; :: (vi) In designing, constructing, and, -maintaining roads, vegetative disturb- ,ance in the waters of the U.S. shall be. “kept to a minimum; 1. (vii) The design, construction and maintenance of the road crossing shall -not disrupt the migration or other movement of those species of aquatic, i inhabiting the water body; . : (vill) Borrow material shall be taken “trom upland sources whenever feasi- ble; 541 A4- 6 CODE OF FEDERAL REGULATIONS § 323.5 (ix) The discharge shall not take, or jeopardize the continued existence of, a threatened or endangered species as defined under the Endangered Species Act, or adversely modify or destroy the critical habitat of such species; (x) Discharges into breeding and nesting areas for migratory waterfowl,. Spawning areas, and wetlands shall be avoided if practical alternatives exist; , (xi) The discharge shall not be locat- ed in the proximity of a public water supply intake; (xii) The discharge shall not occur in’ areas of concentrated shellfish produc- (xill) The discharge shall not occur: in a component of the National Wild’ and Scenic River System; “ (xiv) The discharge of material shall’ consist of suitable material free from’ toxic pollutants in toxic amounts; and (xv) All temporary fills shall be re- moved in their entirety and the area: restored to its original elevation. (b) If any discharge of dredged or fill material resulting from the activi- ties listed in paragraphs (a)(1)-(6) of: this section contains any toxic pollut- ant listed under section 307 of CWA such discharge shall be subject to any. applicable toxic effluent standard or prohibition, and shall require a permit. : (c) Any discharge of dredged or fill material into waters of the United States incidental to any of the activi- ties identified in paragraphs (a)(1)-(6) of this section must have a permit if it. is part of an activity whose purpose is to convert an area of the waters of the. United States into a use to which it. was not previously subject and the flow for circulation of waters of the. United States may be impaired or the reach of such waters reduced. Where. the proposed discharge will result. in; significant discernible alterations to flow or circulation, the presumption is. that flow or circulation may be im: paired by such alteration.‘ ‘For example, a permit will be required. for the conversion of a cypress swamp to some other use or the conversion of a wet- land from silvicultural to agricultural use when there is a discharge of dredged or fill: material into waters of the United States in conjunction with construction of dikes, drainage ditches or other works or struce; Title 33—Navigation and Navigable Waters (d) Federal projects which qualify under the criteria contained in Section 404(r) of CWA (Federal projects au- thorized by Congress where an EIS: has been submitted to Congress prior to authorization or an appropriation) are exempt from Section 404 permit requirements, but may be subject to other state or Federal requirements. $323.5 Program transfer to states. Section 404(h) of the Clean Water Act allows the Administrator of the Environmental Protection Agency to transfer administration of the Section 404 permit program for discharges into certain waters of the United States to qualified states. (The pro- gram cannot be transferred for those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improve- ment as a means to transport inter- state or foreign commerce shoreward to their ordinary high water mark, in- cluding all waters which are subject to the ebb and flow of the tide shoreward to the high tide line, including wet- lands adjacent thereto). See 40 CFR Part 123 for procedural regulations for transferring Section 404 programs to states. Once a state’s 404 program is approved, the Corps of Engineers will suspend processing of Section 404 ap- Plications in the applicable waters and will transfer pending applications to the state agency responsible for ad- ministering the program. District engi- neers will assist EPA and the states in any way practicable to effect transfer and will develop appropriate proce- dures to ensure orderly and expedi- tious transfer. $323.6 Special policies and procedures. (a) The Secretary of the Army has delegated to the Chief of Engineers: the authority to issue or deny Section 404 permits. Applications for permits for the discharge of dredged or fill ma- terial into waters of the United States. will be reviewed in accordance with. tures used to effect such conversion. A dis- charge which elevates the bottom of waters of the United States without converting it to dry land does not thereby reduce the reach of, but may alter the flow or circula- tion of, waters of the United States. 542 CODE OF FEDERAL REGULATIONS A4- 7 Chapter li—Corps of Engineers guidelines promulgated by the Admin- istrator, EPA, under authority of Sec- tion 404(b) of the Clean Water Act. (See 40 CFR Part 230.) If the EPA guidelines alone prohibit the designa- tion of a proposed disposal site, the economic impact on navigation and anchorage of the failure to authorize the use of the proposed disposal site will also be considered in evaluating whether or not the proposed discharge is in the public interest. (b) The Corps will not issue a permit where the regional administrator. of EPA has notified the district engineer and applicant in writing pursuant to 40 CFR 231.3(a)(1) that he intends to issue a public notice of a proposed de- termination to prohibit or withdraw the specification, or to deny, restrict or withdraw the use for specification, of any defined area as a disposal site in accordance with Section 404(c) of the Clean Water Act. However the Corps will continue to complete the administrative processing of the appli- cation while the Section 404(c) proce- dures are underway including comple~ tion of final coordination with EPA under 33 CFR Part 325. 543 A4-8 CODE OF FEDERAL REGULATIONS