HomeMy WebLinkAboutEagle-Preserve-planCHILKAT BALD EAGLE PRESERVECHILKATBALDEAGLEPRESERVE
Alaska Department of Natural Resources
Division of Mining, Land & Water Resource Assessment & Development Section
Division of Parks & Outdoor Recreation
September 2002
MANAGEMENTPLANMANAGEMENTPLAN
CHILKAT BALD EAGLE PRESERVECHILKATBALDEAGLEPRESERVE
Prepared by:
Alaska Department of Natural Resources
Division of Mining, Land & Water Resource Assessment & Development Section
Division of Parks & Outdoor Recreation
September 2002
MANAGEMENTPLANMANAGEMENTPLAN
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CHILKAT BALD EAGLE PRESERVE PLAN TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan I September 2002
TABLE OF CONTENTS
Chapter 1
INTRODUCTION .........................................................................................................................1
General and Preserve Boundary.................................................................................................................... 1
Organization of Plan ...................................................................................................................................... 1
Description of the Planning Area................................................................................................................... 2
Map 1-1 ..............................................................................................................................3
Map 1-2 ..............................................................................................................................5
History and Legal Environment..................................................................................................................... 8
Relationship of Preserve Plan to Other DNR Plans.................................................................................... 13
Management Issues....................................................................................................................................... 14
GLOSSARY ..............................................................................................................................15
Chapter 2
PRESERVE LAND AND WATER MANAGEMENT:
GOALS AND MANAGEMENT GUIDELINES ...............................................................................1
Introduction..................................................................................................................................................... 1
Fish and Wildlife............................................................................................................................................. 1
Resource Summary ......................................................................................................................................... 3
Personal Use Firewood.................................................................................................................................. 5
Recreation, Cultural, Historic, Public Facility, and Traditional Uses......................................................... 6
Transportation and Material Extraction...................................................................................................... 12
Water Quality, Riparian Area, and Wetlands.............................................................................................. 15
CHILKAT BALD EAGLE PRESERVE PLAN TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan II September 2002
Chapter 3
Land Management Policies for Each Management Unit
INTRODUCTION .........................................................................................................................1
COMMON MANAGEMENT REQUIREMENTS ............................................................................1
Map 3-1 ..............................................................................................................................3
Table 3-1: Allowed Uses within Preserve........................................................................8
MANAGEMENT UNIT 1 - UPPER CHILKAT RIVER ..................................................................9
Management Intent......................................................................................................................................... 9
Specific Management Guidelines/Recommendations.................................................................................... 9
Table 3-2: Conditionally Allowed and Prohibited Uses, Upper Chilkat Unit..............10
Map 3-2 ............................................................................................................................11
Map 3-2A .........................................................................................................................13
Background and Resource Information....................................................................................................... 17
MANAGEMENT UNIT 2 - TSIRKU RIVER ...............................................................................19
Management Intent....................................................................................................................................... 19
Management Guidelines/Recommendations................................................................................................ 20
Map 3-3 ............................................................................................................................21
Table 3-3: Conditionally Allowed and Prohibited Uses, Tsirku Unit...........................23
Background and Resource Information....................................................................................................... 24
MANAGEMENT UNIT 3 - BALD EAGLE COUNCIL GROUNDS ...............................................26
Management Intent....................................................................................................................................... 26
Map 3-4 ............................................................................................................................27
Management Guidelines/Recommendations................................................................................................ 29
Table 3-4: Conditionally Allowed and Prohibited Uses, Council Grounds Unit.........31
Background and Resource Information....................................................................................................... 31
CHILKAT BALD EAGLE PRESERVE PLAN TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan III September 2002
MANAGEMENT UNIT 4 - HAINES HIGHWAY AND ADJACENT LANDS ................................33
Management Intent....................................................................................................................................... 33
Map 3-5A .........................................................................................................................35
Map 3-5B .........................................................................................................................37
Management Guidelines............................................................................................................................... 39
Table 3-5: Conditionally Allowed and Prohibited Uses,
Haines Highway Unit -- Lower and Upper Haines Highway Subunits .........................40
Background and Resource Information....................................................................................................... 41
MANAGEMENT UNIT 5 - CHILKOOT RIVER AND CHILKOOT LAKE ...................................42
Management Intent....................................................................................................................................... 42
Map 3-6 ............................................................................................................................43
Management Guidelines............................................................................................................................... 45
Table 3-6: Conditionally Allowed and Prohibited Uses, Chilkoot Lake/River Unit ....46
Background/Resources................................................................................................................................. 47
Chapter 4
IMPLEMENTATION....................................................................................................................1
Introduction..................................................................................................................................................... 1
Land Classification......................................................................................................................................... 1
The Advisory Council ..................................................................................................................................... 1
Preserve Management Responsibilities ......................................................................................................... 2
Access.............................................................................................................................................................. 3
Future Research and Studies.......................................................................................................................... 3
Specific Implementation Requirements and Recommendations.................................................................... 5
Plan Revision and Amendment Procedures................................................................................................. 10
CHILKAT BALD EAGLE PRESERVE PLAN TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan IV September 2002
Appendices
APPENDIX A - GOVERNING ALASKA STATUTES
AS Title 41,Chapter 21, Article 6: Alaska Chilkat Bald Eagle Preserve
AS Title 41,Chapter 21, Article 1: Administration (Portion)
AAC Chapter 21. Alaska Chilkat Bald Eagle Preserve
APPENDIX B - GLOSSARY ...............................................................................B-1 THRU B-7
APPENDIX C - PRESERVE PERMITTING REQUIREMENTS...............................C-1
COMMERCIAL OPERATIONS ON STATE LANDS AND WATERS .....................................C-1
SPECIFIC OPERATING STANDARDS................................................................................C-5
Upper Chilkat Management Unit ..............................................................................................................C-5
Tsirku Management Unit............................................................................................................................C-8
Bald Eagle Council Grounds Management Unit.......................................................................................C-8
Haines Highway and Adjacent Lands Management Unit..........................................................................C-8
Chilkoot River/Chilkoot Lake Management Unit.......................................................................................C-9
APPENDIX D - PERMITTING PROCEDURES ...........................................................D-1
Permit Matrix..............................................................................................................................................D-2
Definitions of terms used with the permit matrix.......................................................................................D-4
Structure and Use Permit Conditions ........................................................................................................D-6
APPENDIX E - COMMUNITY RECREATION SURVEY............................E-1 THRU E-4
CHAPTER 1 – TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan September 2002
Chapter 1
INTRODUCTION ...............................................................................................................................1
General and Preserve Boundary.....................................................................................................1
Organization of Plan.......................................................................................................................1
Description of the Planning Area ...................................................................................................2
Map 1-1 ..............................................................................................................................3
Map 1-2 ..............................................................................................................................5
History and Legal Environment......................................................................................................8
Relationship of Preserve Plan to Other DNR Management Plans..............................................13
Management Issues .......................................................................................................................14
GLOSSARY .....................................................................................................................................15
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 1 – Page 1
CHAPTER 1
INTRODUCTION
GENERAL AND PRESERVE BOUNDARY
This management plan covers those lands designated by the State Legislature in 1982 as the
Alaska Chilkat Bald Eagle Preserve. The plan defines management intent and develops rules
or guidelines to ensure that the many uses allowed by the enabling legislation can occur with
minimal conflict or loss of primary habitat values. Map 1-1 depicts the boundaries of the
Chilkat Bald Eagle Preserve (Preserve). This map also shows the boundary of the Haines
State Forest, which generally surrounds the Preserve on most sides, as well as generalized
land status (ownership).
This document (2002) is an update of the original Bald Eagle Preserve Plan (Preserve Plan),
prepared in the middle 1980’s following the creation of the Chilkat Bald Eagle Preserve in
1982. The original plan was adopted in 1985. This revision replaces and supersedes all
aspects of the original plan, except for current operating agreements between the Division of
Forestry of the Alaska Department of Natural Resources (DNR), and the Alaska Department
of Transportation and Public Facilities (DOT/PF).
ORGANIZATION OF PLAN
The Preserve Plan is divided into four chapters containing the following topics:
Chapter 1:
• Description of the planning area including its wildlife,
• history of plan development in the area,
• purpose for establishing the Preserve,
• discussion of the differences in legislative intent between the Haines State Forest and
the Preserve,
• description of the enabling legislation and its major aspects,
• description of the 1987 parks fee legislation as related to the Preserve,
• description of the principal portions of the Alaska Administrative Code as related to
the Preserve,
• description of the relationship of the Preserve Plan to other plans in the area, and
• a discussion of the management issues the Preserve Plan addresses.
Chapter 2:
• Contains the goals, management guidelines, and descriptions for each of the major
resources within the entire preserve. These goals and guidelines affect each of the
units within the Preserve, and are termed areawide goals and guidelines.
CHAPTER 1 – INTRODUCTION
Chapter 1 – Page 2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Chapter 3:
• Contains a detailed description of the management direction for each of the Preserve's
management units,
• a statement of management intent, a listing of the guidelines, and any other
management or implementation direction that is appropriate to each management
unit, and
• a listing of allowed, not allowed, and conditional uses for each management unit are
also included in this chapter.
Chapter 4:
• Explains how the plan will be implemented, updated and amended,
• describes the major recommendations for plan implementation,
• and references an Appendix, which contains supportive information, permitting
requirements for commercial operation, and other aspects of implementation.
DESCRIPTION OF THE PLANNING AREA
General
Totaling over 49,000 acres, the Preserve is more than 30 miles long and up to three miles
wide. It consists of two distinct geographic parts. The first, focusing on the Chilkat River
drainage, occupies some 40,000 acres northwest of the community of Haines. This area
includes portions of the river drainages of the Chilkat, Klehini, and Tsirku rivers as well as
the Kelsall River. These are typically low gradient streams, which are fast, braided, and are
characterized by multiple channels and wide floodplains. The principal river is the Chilkat,
which passes through the Preserve from its northern boundary to the southern boundary
within nine miles of the community of Haines. The Tsirku, Klehini, and Kelsall rivers drain
into the Chilkat River within the Preserve from the west. The area along the Chilkat River
near the community of Klukwan, referred to as the Council Grounds, maintains a large
concentration of bald eagles during the summer, fall and early winter. The late salmon runs,
which can be extensive, provide the attraction for a large concentration of the eagles during
this period of the year. An important fall concentration of bald eagles also occurs on the
Klehini River between mile 30 of the Haines Highway and the Klehini's confluence with the
Chilkat River. The Haines Highway begins in the community of Haines, adjoins portions of
the Preserve along the Chilkat River to Mile 26, and then parallels portions of the Klehini
River to Alaska's border with Canada. The Haines State Forest surrounds the Preserve, while
University and private land adjoin portions of the Preserve primarily along the highway
corridor.
An additional portion of the Preserve, consisting of only 9,000 acres, focuses on the
protection of the Chilkoot River and its adjoining floodplain. A small portion of the northern
part of Chilkoot Lake is also included within this part of the Preserve. The Chilkoot River
has an important run of salmon, which also supports a significant bald eagle and bear
population. The Haines State Forest, similarly, surrounds this portion of the Preserve. An
un-maintained road provides access to a number of private in-holdings. Although this area
has been selected by the state, conveyance has not yet occurred.
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 1-1 – Page 3
Map 1-1
Plan Boundary
Please click on the map link to view Map 1-1.
CHAPTER 1 – INTRODUCTION
Chapter 1 – Page 4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 1-2 – Page 5
Map 1-2
Anadromous Fish Stream Spawning
& Rearing Areas
Please click on the map link to view Map 1-2.
CHAPTER 1 – INTRODUCTION
Chapter 1 – Page 6 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 1 – Page 7
Wildlife Resources
Within the river systems are found eagles, salmon, Trumpeter Swan, moose and a variety of
other wildlife, including brown and black bears, lynx, marten, wolves, wolverine, small
mammals and bird life.
The most important of these wildlife resources, and the purpose for creating the Preserve, is
the widespread distribution and concentration of bald eagles throughout the Chilkat River
system. These concentrations are greatest during the fall and winter within the area of the
Council Grounds, although an important summer concentration also occurs in this area.
Other significant concentrations of these birds occurs in portions of the Tsirku Fan and the
Middle Chilkat River and that part of the Klehini River between Mile 30 and its confluence
with the Chilkat River. The concentration of bald eagles during the fall in the Klehini River
is especially significant. The distribution of bald eagles nests in the Tsirku, Klehini, Chilkat
and Chilkoot River systems is depicted in the various plan maps of Management Units
contained in Chapter 3.
The Chilkat and Klehini River valleys provide a major waterfowl migration route to and from
the interior of Alaska and Canada. Dabbling ducks include mallards, green-winged teal,
American widgeon and pintail. Canada or Snow geese are commonly found in the marshes,
ponds and sloughs around Ten Mile and above Wells Bridge. Mergansers are perhaps the
most common duck in the area and also nest in the area. Several other species of ducks and
birds are also found in the Preserve. The Chilkat River is the southernmost known Trumpeter
Swan nesting area in Alaska, with the principal swan concentrations located in the Upper
Chilkat River. The distribution of Trumpeter Swan nests, pairs, flocks, and nesting broods is
also depicted on the plan maps of Management Units.
The rich and widespread distribution of anadromous streams provides the basis for the
support of the bald eagle concentration. All five types of salmon are present. Spawning and
rearing habitat occurs throughout the Preserve, with the more important concentrations
occurring in the side channels of the Chilkat River, most portions of the Upper Chilkat, and
within the Kelsall Delta at its confluence with the Chilkat. The coho and sockeye spawning
habitat within this delta, and the Upper Chilkat generally, support the most significant run of
coho salmon in Southeast Alaska. Preserve streams support a valuable subsistence,
commercial, and sport fishery, important to the economy of the Haines area and to the
northern portion of Southeast Alaska. This fishery is also important for tourism, recreation
and for the eagles which inhabit the river valleys and which are of local and national
significance. Map 1-2 depicts anadromous fish spawning and rearing areas as well as
overwintering areas.
CHAPTER 1 – INTRODUCTION
Chapter 1 – Page 8 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
HISTORY AND LEGAL ENVIRONMENT
Although the large fall and winter concentration of bald eagles has long been recognized as a
natural phenomenon in the area, the first official recognition of the concentration took place
in 1973 with the legislative establishment of a 4,800 acre Critical Habitat Area, managed by
the Department of Fish and Game. The continued demand to use the many resources of the
area led to the adoption of the Haines/Skagway Land Use Plan in 1979. This was followed
by the initiation of a three-year research study in 1980 to provide the basis for more detailed
management plans, and finally by the establishment of the Alaska Bald Eagle Preserve and
the Haines State Forest Resource Management Area in 1982.
When it established the Preserve, the legislature created a new type of unit unlike any other
in the state park system. It required the protection of Preserve resources, especially those
related to the Chilkat bald eagles, their associated habitat, and the spawning and rearing areas
of anadromous streams in the Chilkat and Chilkoot Rivers. The provisions distinguishing the
Preserve from other units of the state park system include giving strong guarantees that tradi-
tional uses may continue; excluding from the Preserve private land, University lands,
highway corridors, pipeline corridors, and municipal lands; treating Native allotments and
pending Native allotments as private lands; giving strong guarantees of access across the
Preserve; requiring the favorable consideration of utility corridors across the Preserve if they
are compatible with the purposes of the Preserve; and, allowing municipal selections of land
in the Preserve.
Purposes of the Preserve
As described in Alaska statute, the purpose of the Preserve is to protect and perpetuate the
Chilkat bald eagles and their essential habitats within the Preserve.
It was also established to:
• Protect and sustain the natural salmon spawning and rearing areas of the Chilkat
River and Chilkoot River systems in perpetuity,
• provide continued opportunities for research, study and enjoyment of bald eagles and
other wildlife,
• maintain water quality and necessary water quantity,
• provide for the continued traditional and natural resource based lifestyle of the people
living in the area, and
• provide for other public uses consistent with the primary purpose of the Preserve.
The statute also recognized that the creation of the Preserve and the State Forest together
provided a proper balance between the protection provided by the Preserve and the multiple
uses allowed in the Haines State Forest.
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 1 – Page 9
Principal Components of Legislation
The enabling statute creating the Preserve recognized certain protections. These are
described briefly here. Appendix A contains the full text of the enabling legislation, and it
should be consulted for specific language. The protections provided for in statute affect all
units of the Preserve, and thereby provide uniformity in management requirements and
direction throughout the planning area; that is, they affect the management guidance of
individual units.
Traditional Uses (AS 41.21.618)
Continued opportunities for traditional uses of the Preserve at levels and by methods and
means that are compatible with the protection of the bald eagle population are guaranteed.
These historically compatible uses include but are not limited to hunting, trapping, fishing,
berry picking, other subsistence and recreational uses, operation of motorized vehicles, and
the harvesting of personal-use firewood. The level and method or means of traditional use
may continue subject to reasonable regulation, unless the level or method of use would cause
significant resource damage.
The previous description of traditional uses refers to non-commercial personal use activities.
This section of statute does not provide protection to commercial activities. This
notwithstanding, commercial activities may still occur within the Preserve subject to state
permitting requirements, the requirements of this Plan, and 'reasonable regulation' under state
administrative regulations.
Lands Excluded From the Preserve (AS 41.21.612)
Private land, approved or pending Native allotments, pending and approved land selections
made of the Haines Borough, and University of Alaska grant land are excluded from the
Preserve. Existing transportation and utility corridors located partially or completely within
the Alaska Chilkat Bald Eagle Preserve are also excluded from the Alaska Chilkat Bald
Eagle Preserve. Existing transportation and utility corridors include the Haines Highway and
other roads recognized and maintained by the Department of Transportation and Public
Facilities and the Pipeline Corridor. Other existing roads, such as existing logging roads and
trails, however, are not excluded from the Preserve.
Native Allotments (AS 41.21.614)
Approved or pending Native allotments located partially or completely within the Alaska
Chilkat Bald Eagle Preserve are not to be adversely affected by the establishment of the
Preserve. All approved and all pending allotments shall be treated as private land.
Access and Utility Corridors (AS 41.21.619)
Valid mining claims, subsurface rights, privately owned land, lands owned by the University
of Alaska, or other valid uses within the Preserve shall be provided reasonable access. The
statute requires that the Department grant access rights necessary to ensure timely,
reasonable, and feasible ingress and egress. Such rights are subject to reasonable regulation
to protect the purposes and resources of the Preserve.
CHAPTER 1 – INTRODUCTION
Chapter 1 – Page 10 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Historical, Cultural, and Burial Sites (AS 41.21.62)
Historical, cultural, and burial Sites identified in the Management Plan are not available for
disposal by the Department and shall be managed by the Department to prevent their
destruction or desecration.
Other Uses Generally (AS 41.21.617)
The state land and water within the Preserve is closed to mineral entry, commercial harvest
of timber, and to sale under state land disposal laws.
Existing Rights (AS 41.21.630)
The establishment of the Preserve did not change the management of state land within the
Haines State Forest or of private land. An activity allowed under law on land within but not
part of the Preserve is permitted, consistent with the requirements of law. These activities
may include but are not limited to timber harvest, mining, resource development, and
recreation.
While these provisions make the Preserve a unique unit within the state park system, it is,
nonetheless, a unit of that system and shares with other park units certain fundamental
management principles. Like other units, the Preserve is a special purpose area under Article
VIII, Section 7, of the state constitution and is closed to multiple uses. Thus, state lands and
waters within the Preserve are closed to mineral entry, commercial timber harvest, sale under
state land disposal laws, and other long-term private uses.
Relationship Between State Forest Plan and Chilkat Bald Eagle Preserve Plan
During the revision process of the State Forest Plan (Forest Plan) and the Chilkat Bald Eagle
Preserve Plan (Preserve Plan), both of which occurred during the 2001-2002 period,
considerable public discussion occurred over the differences between these plans and the
underlying management concepts of each. There are important conceptual differences
between the two, with the underlying legislative intent forming the basis for the management
of the state resources in each area and the basis for DNR decision-making concerning
resource management on state land. These differences and the underlying legislative intent
also form the basis for the management plans for the Preserve and State Forest.
The Haines State Forest Resource Management Area was intended by the Legislature to be
an area that could include timber harvest, recreation, mining, traditional uses, fish and
wildlife habitat protection, tourism, as well as other uses. The type, intensity, and location of
these uses was, under AS 38.04.005, to be derived from a planning process that would
determine the best balance of these uses. Most importantly, the State Forest was to be
managed for multiple uses. This could include a mix of those uses identified under
AS 38.05.112(c) or 38.05.112 as well as varying intensities, or levels of use, depending on
the results of the planning analysis. For renewable uses, there was also the requirement that
they be managed according to the sustained yield principles of AS 41.17.
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 1 –- Page 11
The Chilkat Bald Eagle Preserve was to be managed in a different manner than the State
Forest, and was to have an 'exclusive use' orientation as this term is used in Alaska statute.
Its management was to focus on the protection of bald eagles and their associated habitat and
the spawning and rearing areas of the anadromous streams that provided the basis for the
existence of the extensive bald eagle population. The traditional, natural resource lifestyle of
the Haines community was recognized as an appropriate use within the Preserve, subject to
reasonable regulation. Under this provision, access to traditional use areas was allowed,
including access by motorized vehicles, and non-motorized uses. Other uses were permitted
as well insofar as they were consistent with the underlying objectives of wildlife and habitat
protection.
This focus does not include the concept of multiple use to which the State Forest is subject.
Uses were intended to be more limited in type and of lesser intensity – presumably to limit or
preclude impacts to the sensitive resources within the Preserve.
This distinction between multiple use and exclusive use was intended by the Legislature.
According to AS 41.21.610(c):
"Accordingly, the establishment of the Alaska Chilkat Bald Eagle Preserve and the Haines
State Forest Resource Management Area under AS 41.15.305 is determined to represent a
proper balance between the preservation of state public domain land and water for bald eagle
Preserve purposes and state public domain land and water more appropriate for multiple
use."
1987 Parks Fee Legislation – Relationship to Preserve Management
Legislation designed to revise the park fee statutes for the Division of Parks and Outdoor
Recreation (DPOR) in 1987 for the state as a whole, also affected DNR management of the
Preserve. This legislation, codified as AS 41.21.027(g), stated: "With the exception of
guided tours and noncompetitive use permits, concession or commercial activities are not
permitted within the Alaska Chilkat Bald Eagle Preserve".1
The importance of this legislation is related to the method used to develop facilities to
support sizeable commercial operations within state parks. Commercial activities requiring
developed facilities are typically allowed in state parks through concession. Lacking that
vehicle, the development of facilities to support commercial operations on state land within
the Preserve is precluded unless such facilities are 'non-exclusive'; that is, may be used by the
general public. Except under certain conditions, the scheduling, safety and support
requirements of motorized commercial operators requires exclusivity of use. Only those
private facilities that are also open to the public meet the test of non-exclusivity. Because of
this implication, this portion of statute very nearly precludes the ability to develop private
facilities to serve permitted commercial operations on uplands within the Preserve. Instead,
1 This section links to AS 41.21.026(a)(5), specifically the section on noncompetitive and non-exclusive
commercial use permits. It requires that the noncompetitive use permits also be 'non-exclusive'. The two
sections together create specific standards for facility development in the Preserve.
CHAPTER 1 – INTRODUCTION
Chapter 1 – Page 12 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
such facilities are more properly developed on uplands that are privately owned. A more
general intent for commercial use under this legislation was, seemingly, to limit long-term or
exclusive use by commercial operators, especially if it would lead to the need for facility
development.
The legislative intent for this legislation is also significant, although not binding. It indicates
that the 1987 legislation intended to allow for limited commercial activities within the
Preserve, but only those consistent with overall Preserve purposes. Importantly, these
purposes are broad, and include the protection of "other public uses consistent with the
primary purpose of the Preserve." The implication is that commercial activities within the
Preserve must be consistent with overall statutory intent and with specific statutory purposes.
Uses not consistent with these purposes, or which cannot be made to be consistent through
permit stipulations, are not to be allowed.
Alaska Administrative Code
There are two sections of Administrative Code that are pertinent: one relating to the
standards for the issuance of permits; and the other relating to the specific regulations
affecting the Preserve. The latter was adopted subsequent to the approval of the original
plan in 1985 and was meant to implement aspects of that plan.
Under 11AAC 21.100, the Director (DNR Parks) may negotiate a permit for commercial
activity2 if it: does not exclude others from lawful enjoyment of the Preserve; is compatible
with the purposes for which the Preserve was established; and (he) does not anticipate the
need to limit the number of individuals or firms providing the service in order to protect
public use of the Preserve or Preserve resources.
Coupled with Alaska Statute (AS 41.21.027(g)), this section of administrative code sets the
standards for permit issuance within the Preserve. Permits can be issued for non-exclusive,
non-competitive commercial operators if consistent with these standards. Permits cannot be
issued on a concessionaire or competitive basis unless for a guided tour, and moreover, may
not be issued if inconsistent with these requirements. The Director is further precluded from
issuing permits if 'other lawful uses' of the Preserve are precluded. The importance of this
section is to clarify statute by specifying that, in addition to habitat, wildlife, and fisheries
considerations, the adverse impacts from permitted activity upon users of the Preserve must
be avoided or precluded. Such users include both motorized and non-motorized uses for both
personal and commercial activities. Permitting decisions also extend to environmental
considerations, including water quality and water quantity. Finally, permits can only be
2 Under 11 AAC 12.340.19, "commercial activity" means the sale of, delivery of, or soliciting to provide,
goods, wares, edibles, or services in exchange for valuable consideration through barter, trade, or other
commercial means; a service offered in conjunction with another sale of goods, wares, edibles, or services,
which service involves the use of Preserve land or water, is a commercial activity whether or not it is incidental
to, advertised with, or specifically offered in the original sale; all guide, outfitter, and transportation services
are commercial activities if any payment or valuable consideration through barter, trade, cash, or other
commercial means is required, expected, or received beyond the normal and customary equally shared costs for
food and fuel for any portion of the stay in the Preserve.
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 1 –- Page 13
issued if there is no apparent need to limit the number of individuals or firms providing
service in order to protect public use of the Preserve and Preserve resources. [11 AAC
21.100(b)].3
Pursuant to 11 AAC 21.100(b)], DNR cannot issue a non-exclusive, non-competitive park
permit to a commercial operator if there is anticipation that the number of individuals or
firms must be limited, for the reasons stated in this regulation. It is not expected that this
condition will actually occur, but should it exist, DNR may still authorize commercial
activities. This authorization will require the use of competitive selection process involving
the use of concessionaire approach or through the issuance of a competitively bid
commercial use permit. There are a number of reasons why it is unlikely that a competitive
selection method will be used or needed, but if it occurs it is most likely that the Upper
Chilkat Management Unit will be affected. In this Unit, there are few access points with road
connections and little private land available for the development of support facilities for
private operations. A substantial increase in the number of potential passengers during the
planning period is also unlikely, given considerations related to cost, distance from Haines,
and access from Skagway, where most cruise ships dock. Without such an increase, there
should be no need to increase the number of Large Scale Commercial Tour Operators in this
Management Unit. Note: A limit on the total number of trips that may occur in this
Management Unit is specified in Chapter 3, but this is not a limit on the number of operators
providing commercial services.
The effect of this Code section, coupled with the initial Preserve purposes (which are broad)
with the 1987 fee legislation, is to set rigorous general and specific standards for permit
issuance by the Department. There is no provision in this section for exceptions to these
standards; such as there is through a variance from local land use law.
Another section of administrative code (11 AAC 21.105) provides the Department with the
authority to manage the operational activities within the Preserve, to ensure consistency with
Preserve purposes. It provides specific authorities for activity closure and use management.
Upon a determination that an action is necessary to protect Preserve resources or
environmental or scenic values, the Director of Parks may, among other things, " limit a
specific use or activity to a designated area or impose conditions or restrictions on a use or
activity" and close certain areas to particular types of uses or activities.
RELATIONSHIP OF PRESERVE PLAN TO OTHER DNR MANAGEMENT PLANS
The Preserve Plan is the basis for the management and use of state lands and waters within
the Preserve. The Haines State Forest Plan and the Northern Southeast Area Plan, also
prepared by the Department, cover state lands and waters that are not included within the
Preserve. They do not directly affect the Preserve Plan.
3 In instances where it will be necessary to limit the numbers of (commercial) users in the Preserve, a
competitive based decision process must be used.
CHAPTER 1 – INTRODUCTION
Chapter 1 – Page 14 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
However, the revisions of the Preserve Plan and State Forest Plan, and the preparation of the
Department's area plan, were conducted concurrently during years 2001 and 2002, to ensure
consistency among the recommendations of the various plans. The integrated development
of these plans was thought necessary because of common boundaries, the sharing of common
river drainages, and need for consistent management of uses and resources within the area.
Recommendations included in the Preserve Plan are consistent with similar recommendations
in the other state plans, and vice versa.
MANAGEMENT ISSUES
The issues identified subsequently were central to and directly affected the revision of the
Preserve Plan. Effective resolution of these issues in the revision process was critical if the
management objectives identified in statute were to be met.
Traditional Uses
The legislation creating the Preserve stated that continued opportunities for traditional uses of
the land at levels and by methods and means that are compatible with the protection of the
bald eagle population is guaranteed. The issue that this plan revision must deal with is that of
defining the levels, methods and means of traditional uses that ensure this compatibility. This
plan allows a continuation of traditional uses consistent with the management intent state-
ments of specific plan units. Allowed and not-allowed uses are identified for each plan unit4.
Access to State Forest
Access to the State Forest must occasionally occur through the Preserve. This is generally not
a problem if such access roads already exist. New access roads will be permitted when there
is no reasonable, timely and economically feasible alternative to crossing the Preserve. The
permitting of new access roads or improvements to existing roads will center on ensuring
minimal disturbance to streams and their riparian areas where crossings are unavoidable.
Similarly, disturbance to eagle concentrations and their habitat, as well as other wildlife,
habitat, and environmental resources are to be minimized. Preserve management will stress
maintaining water quality and stream flow characteristics when roads cross streams, and
minimizing impacts on eagle nesting concentration or roosting areas when roads cross other
parts of the Preserve.
Maintenance of Water Quality and Riparian Ecosystems
The existence of the Preserve is dependent upon the streams within it and the salmon habitat
these streams provide. There are numerous activities, which could take place within and
outside of the Preserve that could affect this habitat. This plan addresses this issue of
compatible and incompatible uses in the management intent statements and management
4 The 1985 plan provided, "The continuation of recreational activities within the Preserve at levels and by
methods and means in existence prior to 1982 will be allowed consistent with the management intent and
management guidelines of the Preserve."
CHAPTER 1 – INTRODUCTION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 1 –- Page 15
guidelines for the different management units found in Chapter 3 and in the management
guidelines in Chapter 2 that apply to all units.
Commercial Recreation
The Preserve within the last ten years has experienced greatly increasing levels of
commercial recreation use. Generally, this use has had little discernible effect upon the
hydrologic resources, wildlife, and habitats of the Preserve. It is expected that the demand
for commercial recreation activities will increase over the next 10-15 years, and with it,
increased use of the Preserve for a variety of such uses. The management intent statements
and the listing of allowed/not allowed uses for each plan unit are intended to provide
direction for the management of current and future commercial recreation services.
Integration with Other Land Owners
Mainly the State Forest borders the Preserve, although University of Alaska and scattered
private holdings also adjoin the Preserve. The manner and intensity of development within
these areas can directly affect the resources and values of the Preserve. The way that the
State Forest is managed, coupled with its location and size, will be important to the continued
vitality of the Preserve. The management intent statements and guidelines of the State Forest
Plan were revised to be consistent with the management direction of adjoining areas of the
Preserve. Other areas of state land besides the State Forest are also important to the
maintenance of the Preserve, although of lesser significance. The Department's Northern
Southeast Area Plan provides the management direction for the use of these areas. Similarly,
the management intent statements and guidelines of the Area Plan were developed to be
consistent with the management direction concerning adjoining areas of the Preserve.
GLOSSARY
A glossary of terms is contained in Appendix B. It should be consulted when abbreviations
are used or a definition of a term is required.
CHAPTER 2 – TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan September 2002
Chapter 2
PRESERVE LAND AND WATER MANAGEMENT:
GOALS AND MANAGEMENT GUIDELINES ......................................................................................1
Introduction .....................................................................................................................................1
Fish and Wildlife..............................................................................................................................1
Resource Summary..........................................................................................................................3
Personal Use Firewood...................................................................................................................5
Recreation, Cultural, Historic, Public Facility, and Traditional Uses..........................................6
Transportation and Material Extraction ......................................................................................12
Water Quality, Riparian Areas, And Wetlands.............................................................................15
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Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 1
CHAPTER 2
PRESERVE LAND AND WATER MANAGEMENT:
GOALS AND MANAGEMENT GUIDELINES
INTRODUCTION
This chapter contains land management goals and policies for each of the major resource or
land use categories affected by the plan: fish and wildlife; personal use firewood; recreation,
cultural, historic and traditional uses; transportation; and wetlands, riparian areas, and water
quality. These policies apply to all Management Units in the Preserve.
The policies in this chapter consist of goals and management guidelines. Goals state the
general conditions the plan is trying to achieve while guidelines give specific directives that
can be applied on-the-ground by land managers as development occurs.
The terms Goal and Management Guidelines are defined below.
Goal: a general statement of intent, usually not quantifiable nor having a specified
date of completion. Goals identify desired long-range conditions.
Management Guidelines: specific management standards or procedures to be
followed in carrying out goals. Guidelines are intended to be sufficiently detailed to
guide on-the-ground decisions, such as how far development must be set back from a
stream. Guidelines are applied frequently in day-to-day management decisions.
FISH AND WILDLIFE
Goals
1. Protection of Bald Eagle Populations
Protect and sustain the Chilkat bald eagle populations and their essential habitats
including nesting, rearing, feeding, and roosting areas and related natural resources.
2. Protection of Salmon Spawning and Rearing Areas
Protect and sustain the natural salmon spawning and rearing areas of the Chilkat
River and Chilkoot River systems in perpetuity.
3. Protection of Other Bird and Mammal Species
Protect and sustain natural populations of birds and mammals and their habitats.
CHAPT ER 2 - PRESERVE LAND & WATER MANAGEMENT
Chapter 2 – Page 2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
4. Opportunities for Research, Study and Scientific Use
Provide continued opportunities for research, study and scientific use of Preserve fish
and wildlife resources to ensure optimum conditions for the protection and
perpetuation of the Chilkat bald eagles.
5. Riparian Ecosystems
Protect the riparian ecosystems.
Management Guidelines
1. Protection of Eagle Nests From Incompatible Uses. Except under unusual conditions
(such as a nesting pair that are known to be tolerant of closer human activity) a zone
should be established around each tree that contains an eagle nest, and extended for a
distance of 330 feet from the tree. The size of the zone should be adjusted to include
frequently used perch trees, and may be further adjusted to include special terrain
features and use areas around the tree. During the period from March 1 through
September 30, the following human activities should be restricted from zones that
contain nests with actively nesting eagles:
a) Construction activities including the building of roads or trails for purpose of
access into the Preserve.
b) The gathering of personal use firewood, harvesting personal use house logs or
other activities that utilize power equipment.
c) Operation of motor vehicles in off-road areas, or the landing of aircraft. (Use of
power boats on rivers will not be prohibited but activity should avoid eagle nest
zones if at all possible. Operation of motor vehicles on existing roads will be
allowed even within 330' of an active nest.)
d) Access into the protection zone by large or noisy groups of people including
researchers and surveyors of property, or the sightseeing or recreating public.
(Individuals, or small groups traveling discreetly through the area, or quietly
engaged in fishing or bird watching activities are not believed to be a threat to the
nesting pair and their young.)
2. Marking Eagle Trees. Boundaries around eagle nest trees should not be posted unless
necessary to prevent disturbing activities around the nest.
3. Cutting Unused Eagle Nesting Trees. Existing eagle nest trees and trees not currently
utilized for nesting but adequate and available for nesting purposes shall not be cut.
(It is illegal to cut existing eagle nest trees.)
4. Damaging or Destroying Eagle Roosting Trees and Feeding Areas. To the extent
feasible, trees suitable for roosting or perching and feeding areas should not be
damaged, destroyed or altered by construction of roads, trails or other structures or
facilities. These critical areas should be monitored to identify human disturbance.
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Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 3
5. Notification of Eagle Activity. The managers of the eagle Preserve should notify
other landowners or land managers of locations and conditions around known eagle
nest sites. This would include known nest sites within the State Forest as well as
nests in areas near the Preserve and forest boundaries where forest practices or other
land uses could disturb the nests.
6. Consultation with ADF&G. Any proposed activity in the Preserve that may affect
water quality, fish or game habitat disturbance, or stream modification will include
Department of Fish and Game review as a matter of policy. This would include but is
not limited to: road access and bridging, stream crossing, riparian vegetation
management, fire management and revegetation, installation and operation of gravel
pits and modification of salmon spawning channels.
7. Installation of Salmon Spawning Channels. Proposed installation of salmon
spawning channels will be examined, monitored and permitted by the Department of
Fish and Game and shall be designed to minimize impact to other Preserve resources
including recreation resources and wild salmon stocks.
8. Enhancement. Enhancement is an acceptable fish and wildlife management practice
where it has been determined to be scientifically sound, compatible with management
objectives, and where public review shows it to be in the public interest. Proposals
for fisheries enhancement activities must be compatible with maintenance of the
genetic integrity of wild and indigenous fish populations. Enhancement proposals
will contain an assessment of the increase in public use associated with the project so
that DPOR can take necessary steps to manage increased public use of an area.
RESOURCE SUMMARY
Chilkat and Kelsall Rivers
The Chilkat River provides important habitat for salmon and other fish species. Waterfowl
nest on Bear Flats and most of the other marshes above and below the Kelsall Delta. There
has been a significant increase in the Trumpeter Swan population in the area of the Upper
Chilkat over the last 15 years, with this area constituting the second greatest concentration
within Alaska after the Copper River Delta in Southcentral. Much of the river corridor
provides critical winter moose habitat. Bald eagles favor the use of cottonwoods along the
river. An eagle nest survey by the U.S. Fish and Wildlife Service in spring and summer
2001, counted about 70 nests along the mainstem of the river. The river valley and riparian
area is also an important habitat for furbearers.
The Kelsall River and the confluence of the Kelsall and Chilkat rivers in the area known as
Jacquot's Landing are important areas for chinook and coho salmon spawning and rearing.
Studies conducted by the Alaska Department of Fish and Game have shown that the Kelsall
River is the most important spawning and rearing area for chinook salmon in the Chilkat
River drainage. The confluence of the Kelsall River where it meets the Chilkat River
provides an upwelling effect similar to that of the Council Grounds area. This critical habitat
area of the Chilkat River is important for late season coho salmon spawning and thus
CHAPT ER 2 - PRESERVE LAND & WATER MANAGEMENT
Chapter 2 – Page 4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
provides another area within the Preserve where eagles feed late into the winter season.
Currently there is a need for research to address concerns over effects that boat wakes,
generated from increased commercial tourism through this location, may be having on
fisheries habitat. Important sockeye salmon spawning habitat occurs in a small tributary of
the Chilkat River called Bear Flats located within the northern portion of this unit. This area
supports some of the largest runs of Chilkat River mainstem sockeye salmon.
The confluence of the Tsirku and Chilkat Rivers is known as the Bald Eagle Council
Grounds. The water flowing through the Tsirku fan that up-wells at the confluence with the
Chilkat River supports the late fall chum salmon spawning which in turn supports the
concentration of eagles that occurs between November and February. This is the most
spectacular fish and wildlife resource of the Preserve where active management, to allow
limited human use while prioritizing protection of fish and wildlife resources, will focus.
There is also a smaller, though still significant, concentration of eagles from mid-June
through mid-August that feed on migrating sockeye salmon.
Chilkat Lake, Tsirku and Little Salmon Rivers
Chilkat Lake provides the majority of the spawning and rearing habitat for sockeye salmon in
the Chilkat River drainage. It also supports important populations of coho salmon, cutthroat
trout, and Dolly Varden Char. The outlet of the lake (Clear Creek) serves as an essential
migration corridor for all of these species.
The Tsirku (or Big Salmon) River supports populations of sockeye, coho, and chum salmon
and Dolly Varden char. The Little Salmon River contains valuable spawning beds for
sockeye, chum and coho. Both river valleys are important habitat for moose.
Klehini River and Herman Creek
The Klehini River provides important spawning habitat for summer and early fall chum
salmon. The Klehini River serves as a migration corridor for Dolly Varden char, and
chinook, sockeye, coho, pink, and chum salmon. Eagles concentrate along the Klehini River
in October and November. Herman Creek contains important fall chum spawning habitat
created by an artificial spawning channel where chum salmon return in large numbers each
year.
Chilkoot River and Lake
The Chilkoot River serves as a migration route and spawning ground for coho, sockeye,
chum and pink salmon, and Dolly Varden char. It is a waterfowl nesting area and a bald
eagle feeding ground during salmon runs. Eagle nests are found along the river.
Chilkoot Lake and its tributaries support large runs of sockeye, pink and coho salmon. There
is a small tributary stream near the north end of the lake that contains a salmon spawning
area known as the Glory Hole.
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Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 5
Bear Creek is located approximately two miles upstream of the northern end of Chilkoot
Lake. This area provides important spawning and rearing habitat for sockeye and coho
salmon.
Bear, moose, mountain goats and furbearers are distributed throughout the Chilkoot River
and Chilkoot Lake area.
PERSONAL USE FIREWOOD
Goals
1. Natural Growth and Mortality of Forest Lands
Generally, manage the forested lands within the Preserve to allow natural growth and
mortality.
2. Personal Use Firewood
Allow the harvesting of personal use firewood from dead or down wood where the
use does not create significant impacts on resources of the Preserve.
Management Guidelines
1. Commercial Timber Harvest. The Preserve is not available for the commercial
harvest of timber.
2. Firewood. Gathering of personal use firewood is permitted in the Preserve with the
following qualifications:
a) State Parks may specify open or closed areas in consultation with the Preserve
Advisory Board. Any closed areas will be based on the potential for damage to
important resources. Wood gathering from eagle perching, roosting and feeding
areas is discouraged. If no specific areas are identified, the entire Preserve is open
to the gathering of personal use firewood, subject to the following conditions:
b) Wood must be dead or down.
c) Wood shall not be gathered from areas within 330 feet of any active eagle nest
tree.
d) Wood gathering operations shall not be conducted in such a way as to cause
damage or siltation to any stream or streambed.
e) A household may gather up to 10 cords of firewood per year for use of the
household only.
f) No wood may be removed from streams, rivers, and lakes due to their importance
to salmonid rearing habitat.
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Chapter 2 – Page 6 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
3. Fire Suppression. The Haines Area Office of the DNR Division of Forestry will
provide fire fighting resources for fire suppression within the Eagle Preserve.
Resource Summary
Traditionally firewood has been gathered from the Preserve in the Little Salmon area, near
the community of Klukwan and along the highway. Areas will be designated to allow these
uses to continue subject to the guidelines of the plan for protection of habitats, water quality,
scenic resources, and sustained yield.
RECREATION, CULTURAL, HISTORIC, PUBLIC FACILITY, AND TRADITIONAL USES
Goals
1. Needs and Safety of Public
Provide for the needs and safety of the visiting and recreating public.
2. Opportunity for Traditional Lifestyle
Provide an opportunity for the continued traditional and natural resource based
lifestyle of the people living in the general area of the Preserve, consistent with the
other purposes of the Preserve.
3. Continuation of Recreational Activities
Allow for continuation of existing recreational activities, both personal and
commercial, within the Preserve, consistent with management intent and management
guidelines.
4. Dalton Trail
This plan recognizes the Dalton Trail and considers it desirable that the historic value
of the trail be preserved in concept if not in actual physical development. Any future
development of the Dalton Trail or portions of it should not compromise values for
which the Preserve was established.
5. Commercial Permitting System
The commercial use permitting system administered by DPOR is to be used to
mitigate the effects of commercial recreation operations upon traditional uses, habitat,
and wildlife resources, as well as upon other lawful uses of the Preserve in order to
meet the objectives of this Plan.
Management Guidelines
The following standards are to be followed in the management of private and commercial
recreation activities, cultural and historic resources, facility development and development of
Preserve uplands in general, and traditional uses.
1. Traditional Uses. Consistent with AS 41.21.618, continued opportunities for
traditional uses of the Alaska Chilkat Bald Eagle Preserve (CBEP) at levels and by
CHAPTER 2 – PRESERVE LAND & WATER MANAGEMENT
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 7
methods and means that are compatible with the protection of the bald eagle
population are guaranteed. Hunting, fishing and trapping can be regulated, even
closed, by the Department of Fish and Game. Management of these activities is not
under the jurisdiction of Division of Parks and Outdoor Recreation. These historically
compatible uses include but are not limited to hunting, trapping, fishing, berry
picking, other subsistence and recreational uses, operation of motorized vehicles, and
the harvesting of personal use firewood. The level and method or means of
traditional uses may continue subject to reasonable regulation unless the Director of
the Division of Parks and Outdoor Recreation, after consultation with the Alaska
Chilkat Bald Eagle Preserve Advisory Council, makes a finding that the level or
method and means of use is causing significant resource damage that is inconsistent
with the purposes of the Preserve. Traditional uses must comply with regulations for
hunting, fishing and trapping set by the Boards of Fishery and Game. The Director of
the Division of Parks and Outdoor Recreation shall hold a public hearing in Haines
and Klukwan before restricting a traditional use.
2. Historical, Cultural and Burial Sites. AS 41.35.010 prohibits unauthorized
disturbance of historical, cultural, and buried sites on state managed land. Cultural
sites within the Preserve should be managed to prevent vandalism, destruction, and
desecration. (There are approximately 20 cultural resource sites in and near the
Preserve.)
3. Leasing Land under AS 38.05.070-105. The Commissioner of the Department of
Natural Resources may lease land within the Preserve under AS 38.05.070-105 if
consistent with the purposes of the Preserve. Under this statute, the management plan
must identify a site or sites appropriate for such uses. No such site or sites is
identified in the Preserve Plan. Instead, development to support commercial
operations within the Preserve is, as a matter of policy and statute, to occur on
privately owned lands, which may include private land, Native allotments, and lands
owned by the Haines Borough, the University of Alaska, and the Mental Health Trust
Authority.
4. Developed Recreation Facilities. Recreation facilities to support privately conducted
commercial operations shall be situated on the types of land identified in item #3,
above. Recreation facilities to support non-exclusive public recreation1 activities may
occur within the Preserve. The latter facilities, which include boat docks, observation
facilities, and any other public recreation facilities, will be designed to minimize
human impact on the Preserve resources and are to be consistent with the standards
for such facilities identified in this Plan. See Appendix D.
5. Sale of Traditional Products. Sale of traditional products from berries, mushrooms,
roots and bark from the Preserve may continue unrestricted unless it is found that
such use is causing significant resource damage. Trapping, like hunting and fishing is
regulated by the Department of Fish and Game.
1 See Chapter 1 for discussion of the requirements for non-exclusivity within the Preserve.
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6. Recreational Uses Established Prior to 1982. The Revised Plan maintains the policy
for the types and levels of recreation activities appropriate within the Preserve at the
types and levels specified in the 1985 Plan2: "Continuation of recreational activities
within the Preserve at levels and by methods and means in existence prior to 1982
will be allowed consistent with the management intent and management guidelines
for the Preserve." And, these activities will be allowed consistent with the listing of
allowed uses within specific plan units identified in Chapter 3, and as otherwise
provided for in the management guidelines or management intent statements in this
Chapter for specific management units.
The following is a list of recreational activities that have been identified as having
occurred in the Preserve prior to 1982:
personal fish processing Native bartering
sightseeing canoeing
photography kayaking
sport fishing camping
trapping cross-country skiing
subsistence fishing snowshoeing
berry picking recreational mining
mushroom picking target shooting
hunting snowmachining
power boating picnicking
gathering roots and bark
for traditional uses
cutting Christmas trees
The following is a list of commercial activities that have occurred in the Preserve prior to
1982:
guiding/hunting/trapping/fishing river boating
sightseeing (photography) flight seeing
rafting/boating hiking, guided
7. Permitting: Procedures and Standards. Consistent with the requirements of
AS 41.21.027(g), DNR shall issue only noncompetitive, non-exclusive use permits
for commercial activities on the Preserve3.
a) Authorizations Required. The Division of Parks and Outdoor Recreation (DPOR)
may authorize commercial users of the Preserve when such uses are consistent
with the general and specific standards identified in this Plan, the statutory intent
and requirements identified in AS 41.21.630(a and b), and with the management
intent and specific standards of individual management units. Permits are not to
2 Chilkat Bald Eagle Preserve Plan, dated September 1985, pp. 23-24.
3 Note: the possibility exists that permits may also be issued for guided tours; in this instance, the use of
competitive based permits might occur.
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Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 9
be issued by DPOR if the proposed use or activity is inconsistent with this
requirement or it is unclear if the use or activity can meet this requirement. See
also item 7(f), below, for requirements relating to specific types of commercial
operations.
b) Notification and Submittal Requirements. Commercial users of the Preserve are
required to obtain from DPOR a Noncompetitive Park Use Permit for Commercial
Activities (11 AAC 18.030). Entities applying for a Noncompetitive Park Use
Permit shall submit, as part of their application, a Plan of Operation (PoO) for the
forthcoming year of operation. This document shall identify the type of activity
provided, the method or means to be used, the location or locations where the
activity is likely to occur, and the expected daily client level. The information
provided in the PoO is to be sufficient to assure, in review, adherence to any
specific standards identified in a specific plan unit. Information on the nature and
extent of commercial operations is necessary to properly evaluate a proposed
commercial operation, form a database for future decisions concerning commercial
operations, and ensure protection of the resources.
DPOR will notify the Chilkat Bald Eagle Advisory Council (Preserve Advisory
Council) prior to issuing commercial permits.
c) Impacts. Commercial users will operate their businesses in such a way as to
cause minimal impact on the Preserve. To minimize impacts, the standards
identified in Appendix C, pertaining to General and Specific Operating Standards,
shall apply, and conditions similar to these shall be included in all Noncompeti-
tive Park Use permits issued to operators by DPOR.
d) Public Safety. The stipulations of DPOR for commercial operations and the
regulations, adopted subsequent to the creation of the Preserve in 1982 to protect
Preserve resources and provide for public safety and welfare, shall be followed in
authorizing commercial uses. In addition, all commercial operators shall attend
an annual orientation session given by DPOR before the beginning of the
upcoming tourist season. The purpose of this orientation is to describe and
explain all pertinent requirements of the Preserve Plan, Alaska Administrative
Code, and DPOR operating policies. DPOR shall only issue permits to
commercial operators that attend orientation meetings.
e) Consistency with Management Intent of Plan Units. If it is determined that the
management intent of a specific plan unit may or has been compromised, the
Division will take action to avoid or preclude impacts inconsistent with Preserve
statutory requirements. Actions will be taken to assure that the management intent
of specific plan units are not compromised. Consistent with the authorities under
11 AAC 21.100 and 105, this may lead to a limited number of boats, vehicles, and
specified times of use for commercial operations in the Preserve; the designation
of use and non-use areas; requirements that commercial operations take special
steps to reduce their impact on the resources of the Preserve; or stipulations that
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Chapter 2 – Page 10 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
ensure adherence to the plan or plan unit management intent statements and
guidelines.
f) Standards Specific to Certain Types of Commercial Operators. Commercial
operations providing services related to tours4 with 11 or more clients per day are,
in certain areas, affected by specific permitting requirements within plan units.
See the individual plan units for these requirements.
8. Dispersed Camping. Camping within the boundaries of the Preserve is allowed
provided resource protection guidelines delineated in other chapters of this
management plan are followed. Fragile areas located in each management unit may
be identified for restricted camping based on resource protection. Minimum impact
camping techniques, similar to those required by the U.S. in the Tongass National
Forest, shall be followed. The Division may issue a listing of these requirements, if
necessary in future management.
9. Temporary Hunting and Fishing Camps. It is recognized that some sites in the
Preserve are utilized year after year for hunting or fishing camps. Such camps may
continue to be used but may not contain permanent structures or facilities and all
materials, including waste and litter, brought into camp must be removed at the end of
the occupancy. The terms structures and facilities do not include moose stands.
Commercial camps will require a commercial use permit.
10. Private Recreation - Remote Cabins. By statute, remote cabins are prohibited. The
Division of Parks and Outdoor Recreation will work with the Preserve Advisory
Council on the development of policy guidelines and regulations dealing with the
management of cabins that are occupied or owned by individuals without land title.
The public policy guidelines will be based on public values and the public interest.
Cabins built before 1982 are considered public use cabins.
11. Public Facility Development on Preserve Uplands. Recreation facilities to support
non-exclusive public recreation5 activities may occur within Preserve uplands,
consistent with the development guidelines for individual management units.
Intensive public recreation facilities are to concentrate within the right-of-way of the
Haines Highway near the current location of visitor facilities between miles 19 and 21
and in the Tsirku Management Unit where the current parking facility exists. Other
4 Definition: A commercial tour is defined, for the purposes of management in the Preserve, as the provision of
a brief trip to or through a place for the purpose of viewing it. This trip or trips is provided to clients who, in
return, pay the commercial provider for the service provided. Not included in this definition is a trip or trips
necessary to access private property, such as a lodge, unless it is clear that such an activity is clearly providing a
commercial tour as part of this access. Characteristics of commercial tours are that they are frequent, occurring
several or more times per day; tend to occur in a generally similar area or areas; and involve stopovers of less
than five hours if the trip has a destination on the route(s). For the purposes of this Plan, this type of
commercial operator is termed a 'General Commercial Tour Operator'.
5 See Chapter 1 for discussion of the requirements for non-exclusivity within the Preserve.
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Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 11
public recreation facilities of a less intensive nature (i.e., a boat launch) may occur
along areas of the Haines Highway adjacent to the Lower Haines Highway unit,
Upper Haines Highway unit, and the Council Grounds unit if determined to be
necessary by DPOR. Other upland areas, especially those areas without ready access
or having sensitive wildlife or habitat resources, are not considered appropriate for
public facilities. Recreation facilities to support privately conducted commercial
operations shall be situated on the types of land identified in item #3 of this section.
12. Development of Preserve Uplands. Other than the areas identified in item #11 above,
uplands within the Preserve are to be retained in their natural state and are not be
devegetated or otherwise disturbed.
13. Existing Uses under AS 41.21.630. Timber harvest, grazing, material extraction
except for public purposes, mining, or other forms of resource use or development are
not permitted within the Preserve except for valid, existing rights protected by
AS 41.21.630. There are no known valid rights of this type.
Resource Summary
The importance of recreation and subsistence based activities is well documented in the
Haines Area Recreation Inventory (1983), various studies conducted by the Department of
Fish and Game (Mills 1982, Reed 1972, etc.), and a number of recreation surveys conducted
by the state (2001). Public values are recognized and this plan will emphasize the protection
of human activities insofar as possible while providing adequate protection for Preserve
resources. The growth of commercial recreation activities during the 1990-2000 period was
significant, concentrating in the Upper Chilkat River (jet boat operations), portions of the
Klehini and middle Chilkat (rafting), and along the Haines road corridor (especially at the
visitor pull-in facilities near the Council Grounds).
The land encompassed by the Preserve is primarily river or river bottom. Thus, recreation
uses that occur in the Preserve tend to be water oriented, or in some way use the flat areas of
large braided glacial rivers. The fact that the rivers serve as routes to the surrounding lands
heightens their importance for recreation within the Preserve and the surrounding State
Forest.
Most of the commercial operators within the Preserve are of relatively small size, typically
transporting less than 11 clients per day – usually to specific sites within the Preserve related
to the type of service provided. There are only a few large commercial operators that operate
boat tours; one non-motorized and one that is motorized. The large commercial operators
occupy physically separate areas. Non-motorized operations occur, depending on water level
and time of year, in the lower Klehini, the Tsirku River east of Devil’s Elbow, and the
Middle Chilkat between miles 14-15 and 19-21. The single motorized operation occurs in
the Upper Chilkat generally between Wells Bridge and the confluence of the Kelsall River
with the Chilkat River.
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Background Information Relative to Commercial Use in the Preserve
The state legislature in 1987 enacted further restriction on commercial use within the
Preserve: "With the exception of guided tours and noncompetitive commercial use permits,
concessions or commercial activities are not permitted within the Alaska Chilkat Bald Eagle
Preserve" (AS 41.21.027(g)). The intent was to not allow concession contracting or
competitively bid commercial permits for long-term or exclusive use of Preserve land and
water where private facility development would be required for such commercial use.
Therefore, the overall management intent for all commercial use is to prohibit long-term or
exclusive use by operators, especially if it were to lead to a need for facility development.
The Concession Contract law quoted above was passed by the legislature to guide DNR
through a detailed list of requirements and authorities in establishing contracts for
commercial use of park lands. The law is more restrictive than permissive. If a proposed
contract involves estimated annual gross receipts of more than $100,000, construction of
facilities, a term longer than four years, or the provision of services other than those normally
provided at similar facilities managed by the state, then the Commissioner must go through a
list of findings and decisions backed by numerous public meetings, hearings, and comment
periods before even advertising the contract. The Preserve was the only unit excluded by law
from the option of concession contracting, indicating that no commercial facilities or long-
term commercial uses should be allowed. In fact, the specific term "noncompetitive
commercial use permits" was used in the law, and there is a blanket prohibition on all
concessions or commercial activities, except for guided tours and noncompetitive
commercial use permits.
TRANSPORTATION AND MATERIAL EXTRACTION
Goals
1. Haines Highway
Manage those portions of the Preserve adjacent to the Haines Highway to allow
visitor access to the Preserve and eagle concentration areas without creating traffic
hazards or significantly impacting the eagles.
2. Access for Private Uses and to the Haines State Forest
Provide reasonable, timely and economically feasible access across the Preserve for
private uses and necessary State Forest roads that do not have a reasonable, timely or
economical alternative means of access, that is compatible with the goals and
guidelines of the CBEP Management Plan.
3. Use of Traditional Modes of Transportation and Access
The traditional modes of transportation existing at the time of the passage of the
Legislation enacting the Preserve (1982) shall be allowed to continue. All areas of
the Preserve may be used by such modes of access, subject to reasonable regulation,
and all areas within the Preserve may be used by traditional means of transportation
unless otherwise restricted by regulation or statute.
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Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 13
Management Guidelines
1. Rights of Access. If an individual or an organization has property, or a valid right on
land within the boundaries of the Preserve and does not have reasonable, timely, and
economically feasible access and egress by means other than crossing the Preserve,
the DPOR Director shall grant the rights necessary to assure reasonable, timely, and
economically feasible access and egress. The Director shall also give favorable
consideration to applications for utility rights-of-way that are compatible with the
stated purposes of the Preserve.
The rights of access and egress are subject to regulation and stipulations established
by the DPOR Director to protect the purposes and values of the Preserve and to
minimize adverse environmental impacts in the Preserve. Any stream crossings or
in-water work associated with access or road construction must be reviewed and
permitted by ADF&G.
2. Road and Trail Location and Design. Trails or roads needed for public access or
access needed for purposes described in AS 41.20.507(h) will be located to either
avoid eagle concentration areas or cause minimal disturbance to eagle concentration
areas.
3. Access Review, Design and Approval. Access requirements through the Preserve
shall be examined on a management unit basis, and sufficient information will be
obtained within a reasonable time frame to allow determination of the total extent of
potential resource impact or mitigation. The Preserve Advisory Board will review
road and trail locations prior to approval by the funding agency. Reasonable
stipulations and regulations will be imposed to ensure minimum impact, including but
not limited to the following:
a) Roads should be designed and constructed with a minimum amount of
environmental disturbance.
b) Roads shall be routed through areas that are less susceptible to resource damage,
and can better withstand the proposed construction with the least damage.
c) Roads should be as direct as possible while observing the first two considerations.
d) Forest roads in the Preserve will, at a minimum, meet the State Forest Practices
standards for road construction and the standards of this plan for specific
management units.
e) Unattended motor vehicles shall not be left within the floodplain of ephemeral or
permanent stream channels or below ordinary high water of streams containing
anadromous fish habitat.
CHAPT ER 2 - PRESERVE LAND & WATER MANAGEMENT
Chapter 2 – Page 14 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
4. Maintenance of Forest Roads that Cross the Preserve. Generally, the Division of
Forestry will maintain forest roads through the Preserve. If the forest road also
provides access to the Preserve and provides for public use of the Preserve that is
consistent with the management intent of the area, then the Division of Parks and
Outdoor Recreation may negotiate with the Division of Forestry to determine if it will
share in the maintenance responsibilities for the road.
Before the Division of Forestry closes a forest road that passes through the Preserve,
DPOR will evaluate whether the road serves the management purposes of the
Preserve and whether to take management responsibility for the road.
5. Gravel Pits Necessary for State/Other Public Transportation Facilities. Proposed
gravel pits will be authorized to support public transportation facilities only when it
can be demonstrated that there will be no serious threat to Preserve resources.
Authorization may be subject to observance of appropriate resource safeguards, such
as pit development plans, construction of levees, berms or reclamation measures. Pits
necessary for the development of forest roads through the Preserve will, at a
minimum, be managed consistent with the requirements in the Haines State Forest
Management Plan, this plan, and other pertinent regulations. Gravel extraction for
the purpose of supporting private uses and facilities is not intended or considered
appropriate.
6. Cooperative Agreement with Department of Transportation and Public Facilities. The
cooperative agreement with DOT/PF which establishes management responsibility
for existing or proposed highway pull-outs, visitor information areas, waste disposal
facilities, waysides, boat launches, trailheads, or other public recreation facilities in
those portions of the Haines Highway corridor adjacent to the Preserve shall continue.
This agreement allows DNR to review the type and siting of public facilities within
the right-of-way of the Haines Highway.
7. Haines Highway Realignment. DPOR will cooperate with ADOT/PF in evaluating
Haines Highway alignment and widening options in order to determine the highway
improvement alternative that best meets the purposes of the Preserve and adequately
addresses the transportation, maintenance, and safety concerns identified by
ADOT/PF.
8. Use of All Terrain Vehicles. ATV use off the established road system is restricted in
and across anadromous streams and within the Chilkat River Critical Habitat Area,
pursuant to AS 16.05.870 and AS 16.20.585.
9. Use of Snowmachines. Winter use of snowmachines (when there is adequate snow
cover of at least one [1] foot) is allowed on lands within the Preserve unless otherwise
restricted under 11 AAC 21.020 and other ADF&G authorities related to the Critical
Habitat Area. This requirement does not affect vehicle use on private property or on
designated trails and access routes.
CHAPTER 2 – PRESERVE LAND & WATER MANAGEMENT
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 15
10. Aircraft (Fixed Wing and Helicopter). Aircraft (fixed wing and helicopter) landings
in the Chilkat River Critical Habitat Area (Council Grounds Management Unit) are
prohibited unless authorized by the DPOR Director under 11 AAC 21.120 and if
consistent with 11 AAC 21.020.
11. Mining and Material Extraction. Commercial mining and mineral extraction are not
permitted within the Preserve. Gravel removal is only to be allowed within the lands
and waters of the Preserve for public transportation projects or public recreation
projects directly related to the appropriate use or protection of Preserve resources.
All such projects must be authorized by DPOR, ADF&G, or any other permitting
agencies with jurisdiction.
Resource Summary
The Haines Highway right-of-way is excluded from the Preserve. However, 24 miles of the
Preserve have highway access and the Bald Eagle Council Grounds are directly adjacent to
the highway. The common border and the proximity of the eagle concentration area to the
highway mean that management of each will affect management of the other. As the eagle
concentration attracts more and more visitors the need for highway signing, and highway
pull-offs will become more important. This plan calls for coordination between DOT/PF and
the Division of Parks and Outdoor Recreation to address these common concerns.
The rivers and other lands in the Preserve will continue to be used as access corridors to the
surrounding forest and to the Preserve itself for hunting, fishing, trapping, recreation and
other uses.
The Preserve contains several access corridors that will be crucial to management of the
Haines State Forest. These transportation issues are dealt with in the appropriate
management unit.
WATER QUALITY, RIPARIAN AREAS, AND WETLANDS
Goals
1. Stream Conditions
Improve or maintain existing stream and overall drainage conditions.
2. Water Quality
Maintain or exceed surface and groundwater quality standards set by the Department
of Environmental Conservation.
Minimize the amount of point and non-point source pollution, including untreated
storm water, siltation from road construction and timber harvest activities, and
hydrocarbon contamination from fuel storage tanks as well as roads and highways.
CHAPT ER 2 - PRESERVE LAND & WATER MANAGEMENT
Chapter 2 – Page 16 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
3. Water Quantity
Maintain the river systems within the CBEP in a free flowing state by restricting or
precluding man-made obstructions and diversions to natural watershed flows.
Ensure continued, adequate hydrologic flow from wetlands, tributary streams, and
uplands to the Chilkat River system.
4. Wetlands
Preserve and protect those wetlands providing critical habitat functions and other
essential hydrologic connections.
5. Vegetation
Preserve and protect riverbank vegetation essential to habitat functions.
Manage public use in the river systems within the Preserve in order to ensure the
protection of vegetation critical to riparian habitat.
Management Guidelines
1. Adverse Effects on Riparian Ecosystem and Streambank Stability. Activities that
significantly alter the riparian ecosystem and streambanks that result in one or more
of the following significant adverse effects6 are considered incompatible with the
requirements of AS 41.21.610 (a)-(c):
a) Loss of streambank stability and hydraulic changes,
b) increased erosion and bedload sediment through loss of control of surface runoff,
c) increased sedimentation in and on spawning beds and rearing areas, reduction in
oxygen availability, smothering and mortality of eggs, alevins, and invertebrate
food sources,
d) reduction in bank irregularities, increased water velocities, loss of cover and thus,
fish habitat,
e) significant alteration of water temperatures,
f) reduction of nutrient inputs to aquatic system with resultant reduction in
productivity of food web,
g) introduction of large amounts of debris that block fish passage and eliminate fish
habitat,
h) change in-flow regimes due to loss of control of surface runoff,
6 Where the effect is significant.
CHAPTER 2 – PRESERVE LAND & WATER MANAGEMENT
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 2 – Page 17
i) significant loss of wildlife food, cover, and migration routes,
j) removal of logs or alteration of log jams that provide cover for fish and form
habitat complexity.
2. Streambank Management. Maintain water quality by protecting the integrity of
stream banks when carrying out management and permitting responsibilities. In
implementing this task, DPOR shall apply the standards in Appendix D in its issuance
of permits for structures occupying state waters below Ordinary High Water. No
private structures or facilities are to be permitted on uplands of the Preserve,
including areas of streambanks. No use or structure shall be located in an important
anadromous fish spawning or rearing area, or in the Chilkat River Critical Habitat
Area.
3. Water Quality Standards. Only uses that are consistent with state water quality
standards or management requirements, including policies of the Alaska Department
of Environmental Conservation, are appropriate within the Preserve. Permits may not
be issued if the proposed use will be inconsistent with these standards.
4. Public Use Management. Manage public use activities to ensure the protection of
critical habitat areas, riparian areas, and wetlands important to habitat or hydrologic
functions.
5. Structure and Roadway Development. In the review of proposed structures,
recreation facilities, and road/bridge projects, insure that impacts to water quality,
riparian areas, and wetlands essential to habitat functions within the Preserve are
avoided or precluded; or if this is not feasible and prudent, minimized to the
maximum extent practicable. Where possible, structures and facilities should not be
sited within the stream areas defined by ordinary high water of Preserve creeks or
rivers.
6. Aquatic Vegetation. Vegetation below the Ordinary High Water Line shall not be
disturbed or altered except to the extent necessary for the construction of dock or
walkway structures.
7. Water Use. Use of water below a significant amount, as defined by 11 AAC 93.970
(14), is allowed without a permit from DNR. All significant uses of water are subject
to permit review and authorization by the Division of Mining, Land, and Water of
DNR. In addition, any water withdrawal shall not reduce the stream flow or lake
level below the level necessary to support anadromous and resident fish, and the
water course may not be blocked to impede fish passage. ADF&G shall be consulted
where a proposed project might be inconsistent with the latter requirements.
8. Water Diversion or Distribution. Water bodies shall not be altered to facilitate water
diversion or distribution in any way unless specifically authorized by ADF&G and
the DNR Division of Mining, Land, and Water for the placement of well points,
sumps, or infiltration galleries. ADF&G and ADNR shall be notified at least three
CHAPT ER 2 - PRESERVE LAND & WATER MANAGEMENT
Chapter 2 – Page 18 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
working days prior to any disturbance. Additional correctible measures may be
stipulated under agency statutory and regulatory authorities.
9. Cooperation with Other Landowners. The state may participate with other
landowners in cooperative watershed management programs designed to maintain the
water quality of local streams and rivers.
10. Trailered Boat Launching. No trailered-boat launching may destroy fragile banks and
important fish habitat, which is inconsistent with state regulation (11 AAC 21.025).
All loading and unloading of boats in this area should be by hand only, although some
private lands may have existing boat launch sites that may be permitted and hardened
with appropriate stipulations.
11. Other Guidelines Affecting Watersheds. A number of other guidelines may affect
watersheds. For details of the guidelines see the following sections of this Chapter:
Fish and Wildlife
Recreation
Transportation
CHAPTER 3 – TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan I SEPTEMBER 2002
Chapter 3
Land Management Policies for Each Management Unit
INTRODUCTION ...............................................................................................................................1
COMMON MANAGEMENT REQUIREMENTS ..................................................................................1
Map 3-1 ..............................................................................................................................3
Table 3-1: Allowed Uses within Preserve........................................................................8
MANAGEMENT UNIT 1 – UPPER CHILKAT RIVER .......................................................................9
Management Intent..........................................................................................................................9
Specific Management Guidelines/Recommendations.....................................................................9
Table 3-2: Conditionally Allowed and Prohibited Uses, Upper Chilkat Unit...............10
Map 3-2 ............................................................................................................................11
Map 3-2A .........................................................................................................................13
Background and Resource Information........................................................................................17
MANAGEMENT UNIT 2 – TSIRKU RIVER.....................................................................................19
Management Intent........................................................................................................................19
Management Guidelines/Recommendations.................................................................................20
Map 3-3 ............................................................................................................................21
Table 3-3: Conditionally Allowed and Prohibited Uses, Tsirku Unit............................23
Background and Resource Information........................................................................................24
MANAGEMENT UNIT 3 - BALD EAGLE COUNCIL GROUNDS .....................................................26
Management Intent........................................................................................................................26
Map 3-4 ............................................................................................................................27
Management Guidelines/Recommendations.................................................................................29
Table 3-4: Conditionally Allowed and Prohibited Uses, Council Grounds Unit.........31
Background and Resource Information........................................................................................31
CHAPT ER 3 – TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan II SEPTEMBER 2002
MANAGEMENT UNIT 4 – HAINES HIGHWAY AND ADJACENT LANDS .......................................33
Management Intent........................................................................................................................33
Map 3-5A .........................................................................................................................35
Map 3-5B .........................................................................................................................37
Management Guidelines................................................................................................................39
Table 3-5: Conditionally Allowed and Prohibited Uses,
Haines Highway Unit -- Lower and Upper Haines Highway Subunits .........................40
Background and Resource Information........................................................................................41
MANAGEMENT UNIT 5 – CHILKOOT RIVER AND CHILKOOT LAKE .........................................42
Management Intent........................................................................................................................42
Map 3-6 ............................................................................................................................43
Management Guidelines................................................................................................................45
Table 3-6: Conditionally Allowed and Prohibited Uses, Chilkoot Lake/River Unit ....46
Background/Resources..................................................................................................................47
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 1
CHAPTER 3
LAND MANAGEMENT POLICIES FOR EACH MANAGEMENT UNIT
INTRODUCTION
In this chapter specific land management policies are presented for each of the Preserve's five
management units. A management unit is an area with generally similar resource and
topographic characteristics. Map 3-1 depicts the various Management Units within the
Preserve.
Each management unit has a statement of management intent, management guidelines
applicable only to that unit, and a listing of conditionally allowed and prohibited uses. The
statement of management intent defines management objectives for each management unit
and the methods to achieve those objectives. Management guidelines provide more specific
management requirements. Maps showing land status, unit boundaries, and resource
information are also included for each Management Unit.
Certain management requirements affect all of the Management Units in the Chilkat Bald
Eagle Preserve (Preserve). These differ from both management intent statements and
management guidelines in that they are common management considerations pertaining to all
the Management Units, while the former are specific to a particular Management Unit.
COMMON MANAGEMENT REQUIREMENTS
Common Management Requirements apply to the entirety of the Preserve and are the
underlying basis for Preserve management. The Common Management Requirements are
described below and are not repeated in the descriptions of individual Management Units in
the discussion that follows.
General Management Orientation. There are certain common management themes, or
directions, that affect all of the management units in the Preserve. These derive from the
purposes of the legislation, described under AS 41.21.610. In the subsequent discussion of
management direction for the management units, these requirements will be referred to as a
unit by the term 'Common Management Requirements.'
The Preserve Plan is based on these purposes and, in its management of the Preserve,
the state will be guided by the principles embodied in each. The management directions
identified in the Preserve Plan represent the intent by the state to be consistent with and
implement the purposes of the Preserve. All subsequent decision-making by the state
shall be consistent with the management direction and specific standards of the
Preserve Plan.
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
All units must be managed to:
• "Protect and perpetuate the Chilkat bald eagles and their essential habitats." This is
identified as the primary purpose for establishing the Preserve.
• "Protect and sustain the natural salmon spawning and rearing areas of the Chilkat
River and Chilkoot River system in perpetuity." The term 'perpetuity' infers that the
management direction of the Preserve Plan concerning these resources be rigorous, to
preserve these resources over the very long term.
• "Provide continued opportunities for research, study, and enjoyment of bald eagles
and their habitat."
• "Ensure to the maximum extent practicable water quality and necessary water
quantity under applicable laws." Applicable laws include those state and federal
regulations and statutes as well as any applicable state policies pertinent to water
quality and water quantity. Management actions by the Department of Natural
Resources (DNR) must be consistent with all applicable statutes and regulations.
• "Provide for other public uses consistent with the primary purpose for which the
Preserve was established." A variety of uses and activities may occur within the
Preserve insofar as these uses do not create harm to the Preserve or adversely affect
other lawful uses.
• "Provide an opportunity for the continued traditional and natural resource based
lifestyle of the people living in the general areas of the Preserve described in
AS 41.21.611(b)1, consistent with the other purposes" (described above). That is, the
opportunity for traditional uses, as this term is used in this portion of statute, is to be
provided. However, such uses may be managed under 'reasonable regulation' to
ensure that the other purposes, described above, are protected.
The Preserve Plan, in its formulation of management direction, assumes that each of these
purposes applies. That is, areas within the Preserve will be managed so that all of these
purposes, and the activities they represent, are allowed to continue. To the degree that a
lawful activity is deleterious to the activity of another, that use is to be managed so that the
other activities identified under purposes may continue.
Commercial Recreation Management. Commercial recreation activity has emerged as a
major activity during the last ten years within the Preserve. This type of activity was not
significant either at the time of Preserve creation in 1982 or during the time of Preserve Plan
development during the mid-eighties. For these reasons, the 1985 Preserve Plan did not
address the management of this use in a significant way. The management of this activity is
1 This portion of statute consists of a legal description of the Chilkat Bald Eagle Preserve.
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 3-1 – Page 3
Map 3-1
Plan Boundary & Management Units
Please click on the map link to view Map 3 -1.
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 5
now necessary given the levels and locations of this use, and given the likelihood that this
type of use will continue to grow over the planning period in the next 20 years. In its
management of commercial recreation activity, DNR shall be guided by the following
general management requirements.
General Management Requirements for Commercial Recreation. The management of
commercial recreation within the Preserve is controlled by the Common Management
Requirements described above, the requirements of the 1987 parks fee legislation, and by
that portion of the Alaska Administrative code pertaining to the Preserve. Preserve purposes
are described above, while the parks fee legislation and the Administrative Code are
described at length in Chapter 1; see pages 1-6 and 1-7. The following stipulations apply:
• All commercial recreation activities are required to meet the standards identified as
Common Management Requirements and all applicable General Operating Standards
specified in Appendix C.
• AS 41.21.027(g) stipulates that commercial operations can only be permitted through
the use of non-competitive, non-exclusive permits or through the issuance of a permit
(or other authorization) for guided tours. Accordingly, the Department will only issue
permits of these types, and will require that facilities necessary to support commercial
operations occur on lands not within the Preserve. A competitively bid commercial
use permit will be necessary when it is apparent that there will be a need to limit the
number of commercial operators.
• Pursuant to 11 AAC 21.100, the Department will not issue non-exclusive commercial
use permits when to do so would exclude other uses from the Preserve; adversely
affect habitat, wildlife, the spawning and rearing areas of anadromous streams, or
water quality or quantity; or if it is apparent that the number of commercial activities
in the Preserve must be limited to protect public use or preserve purposes.
Specific Management Requirements on State Waters: Commercial Recreation. In order
to simplify the management of commercial recreation uses on the waters of the Preserve in
the future, three categories of commercial use operators are identified. These categories are
based on the daily use level of the entities providing the commercial service and whether the
commercial use is a tour or some other commercial activity. Use level is defined to be the
number of passengers carried by a commercial entity per day.
• Small-scale Commercial Tours. Small-scale commercial tours shall follow the
Common Management and General Management Requirements for Commercial
Recreation.2 Small-scale Commercial Tours are defined as those uses permitted to
carry 10 clients or less per day into or through the Preserve. The term 'commercial
tour' includes both motorized and non-motorized tours. Small-scale Commercial
Tours can occur throughout the Preserve except as limited by the Common
2 Additional standards for these operations apply in the Upper Chilkat Management Unit.
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 6 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Management Requirements and the General Management Requirements for
Commercial Recreation. Since the Small-scale Commercial Tours are allowed
throughout the Preserve, these types of uses are not described in the Management
Intent or Management Guidelines of a Management Unit in the subsequent parts of
this Chapter.
Uses of this type and scale do not seem to produce impacts of the type that requires
limitation or other management controls other than those associated with the
Common Management Requirements. They existed at the time of the creation of the
Preserve in 1982, and the 1985 Preserve Plan which listed 'rafting/boating' and 'river
boating' as appropriate uses "if consistent with the management intent and
management guidelines for the preserve".3
However, if in the future it becomes likely or evident that they may be impacting
Preserve resources or limiting other uses within the Preserve, additional management
controls may be necessary. If DPOR staff determines that additional management
controls are necessary, this recommendation(s) is to be reviewed by the Preserve
Advisory Council prior to enactment. The Council may forward its recommendation
to the Director of DPOR for consideration.
• Large-scale Commercial Tours. Commercial recreation operations that use state
waters for the purpose of providing commercial tours to an unlimited number of
clients per day into or through the Preserve may occur in those areas that are
designated as appropriate for this use in the Management Intent or Guidelines of a
Management Unit.4 The term includes both motorized and non-motorized tours.
Tours of this type may be limited in location, timing, spacing, or type. The type and
degree of limitation is specified in the Management Intent or Management
Guidelines. Large-scale Commercial Tours must be designated in a Management
Unit in order to be authorized; an area where this use is appropriate is identified in the
Management Intent and Management Guidelines of each Management Unit.
• Commercial Outfitters and Guide Operators. Commercial outfitters and guides
include fishing and hunting guides, and are commercial operators that provide access
to lands and waters of the Preserve. These are historic, traditional uses within the
3 P. 23, 1985 Bald Eagle Preserve Plan.
4 See also definition of 'commercial tour' in Chapter 2, footnote #4. A commercial tour is defined, for the
purposes of management in the Preserve, as the provision of a brief trip to or through a place for the purpose of
viewing it. This trip or trips is provided to clients who, in return, remunerate the commercial provider. Not
included in this definition is a trip or trips necessary to access private property, such as a lodge, unless it is clear
that such an activity is clearly providing a commercial tour as part of this access. Such operations shall not be
considered as a commercial tour if the length of stay at a destination exceeds five hours. Characteristically,
commercial tours are frequent, occurring several or more times per day; occur in a generally similar area or
areas; and do not exceed a stay period of five hours if a destination(s) is included as part of the tour. This
definition shall be used in making determinations as to whether a commercial use is to be treated as a
commercial tour.
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 7
Preserve. This category of commercial recreation operator is subject to the General
Operating Standards of Appendix C as well as the Common Management
Requirements of Chapter 3. They are not subject to the commercial tour permitting
requirements specified for Large-scale Commercial Tour Operators in this Plan,
although they are subject to the general permitting requirements for Small-scale
Commercial Tour Operators.
Recreational Uses: Allowed, Conditionally Allowed, and Prohibited. Wide ranges of
recreational uses occur throughout the Preserve. These uses have occurred historically and
their continuation is protected under the traditional use section of the Preserve statute, subject
to reasonable regulation. Most of these recreational uses are personal in nature, carried out
by residents from the Haines community or by other residents of the state. Other uses, like
hunting and fishing guides, are commercial in character. With only a few exceptions, these
types of commercial uses are small-scale in character, tend to occur at varying times of year
and at differing locations within the Preserve, and are relatively few in number. For more
information on which uses are traditional in nature, and therefore subject to protection, see
the discussion of 'Traditional Uses' under the section of Recreation, Management Guidelines,
in Chapter 2. See also, 'Recreational Uses Established Prior to 1982', in the same section.
All commercial uses must secure a non-exclusive commercial use permit, or other
authorization, for operation in the Preserve.
Most of the recreational uses that occur within the Preserve, which are personal or small-
scale in nature if commercial, are appropriate and do not require additional management.
These are termed 'allowed uses'. Other commercial uses, because of their size, kind of
activity, or the sensitivity of the area within which they operate, may not be appropriate or
may be conditionally appropriate. These are termed 'prohibited' and 'conditional uses',
respectively, in this plan. In order to know which uses are generally appropriate and those
that may not be, a table listing recreational uses that are conditionally allowed or are
prohibited is provided for each Management Unit.
The uses that are uniformly allowed within the Preserve are those that are listed in Table 3-1.
Activities described as 'non-motorized' and 'motorized' include both personal and commercial
activities unless otherwise noted in the Plan. Uses that are personal in type are not subject to
permitting and are not subject to any of the specific recommendations of this Plan, except
that these uses must be consistent with Preserve purposes, which are described under the
Common Management Requirements. Commercial uses that are generally allowed are those
meeting the requirements of the Common Management Requirements and General
Management Requirements for Commercial Recreation, and that are not defined as Large-
scale Commercial Tours .5 'Small-scale Commercial Tour Operators' and 'Commercial
Outfitters and Guides' are treated as a generally allowed use, subject to the previous
requirements. However, some of the vehicular uses listed below are affected by stipulations
contained in Appendix D; see especially Special Conditions #5 and 6.
5 Large-scale Commercial Tour Operators are subject to special operating requirements identified in this
Chapter.
CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 8 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Table 3-1: Allowed Uses within Preserve
Non-Motorized Current Authorized
(Future) Motorized Current Authorized
(Future)
Snowshoeing X X Snow-machining X X
x/c Skiing X X Boating, including:
Fishing X X Air boat X X
Hunting X X Jet boat X X
Rafting X X Other boat (prop) X X
Hiking X X Access to private land X X
Camping X X
Scenic/Wildlife
Viewing
X X
Photography X X
Picnicking X X
Boating X X
Foraging X X
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 1 – UPPER CHILKAT RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 9
MANAGEMENT UNIT 1 – UPPER CHILKAT RIVER
The Upper Chilkat River Unit includes the Chilkat River from Wells Bridge to Turtle Rock
and the Lower Kelsall River from Nataga Creek down to its confluence with the Chilkat
River. Map 3-2 depicts the boundaries of this Management Unit. This map also shows the
distribution of bald eagles and Trumpeter Swans. This is the largest unit of the preserve and
contains approximately 19,500 acres, or about 40% of the preserve.
Management Intent
This unit will be managed to meet the Common Management Requirements. Management
emphasis will be placed on the protection of sensitive habitat, especially associated with
anadromous fish stream spawning and rearing areas, bald eagle nests, and Trumpeter Swan
nests and pair sites, while accommodating traditional uses and some level of commercial
recreation. The primary uses of the unit will be activities related to the maintenance of
traditional lifestyles, public recreation, and certain levels of commercial recreation. A listing
of conditionally allowed and prohibited recreational uses is given in Table 3-2. Unless
otherwise specified, these uses relate to both personal use and commercial use. There is no
recreation facility development planned at this time, and it is intended that any public facility
development in the future will be minimal in type and extent. There are existing private
lands within this unit which can provide adequate facility development opportunities, and it
is intended that private facility development occur at these locations.
Commercial recreation activities are considered appropriate within portions of this
Management Unit with careful management and surveillance of these uses. They are to be
managed to be consistent with the General Management Requirements for Commercial
Recreation and with the following Specific Management Requirements. Regularly scheduled
commercial activities have expanded significantly in this unit during the last five years,
including large-scale commercial motorized and non-motorized tour operations. Continued
use of this area for commercial recreation by Large-scale Commercial Tour Operators, both
motorized and non-motorized, is considered appropriate, subject to the requirements of this
plan. Such uses shall not conflict with the management emphasis described above as well as
subsistence uses and other lawful uses within the Preserve.
Specific Management Guidelines/Recommendations
1. Forest Access Road - Design and Location. To the extent feasible, the potential forest
access road from the Haines Highway to the East Chilkat Unit of the Haines State
Forest should be located in the State Forest. However, if this is not feasible, the road
may be located in the Preserve. The design and location of the road will be consistent
with the guidelines of the Haines State Forest Management Plan, this plan, and other
UNIT 1 – UPPER CHILKAT RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 10 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
applicable standards. Design, construction and maintenance provisions for those
portions of the road that pass through the Preserve will be reviewed by the
Department of Fish and Game prior to approval by the Division of Parks and Outdoor
Recreation.
2. Forest Access Road - Public Use. Public use of those portions of the forest access
road that pass through the Preserve will be allowed, if approved, by the Division of
Forestry and the Division of Parks and Outdoor Recreation.
3. Forest Access Road – Maintenance. Maintenance of those portions of the forest
access road located in the Preserve will be the responsibility of the Division of
Forestry (see guidelines #3, Chapter 2, for possible exceptions).
4. Recreational Uses. The following uses are either conditionally allowed or prohibited
in this Management Unit. These uses are both personal and commercial.
5. Large-scale Commercial Tours (LCT). Large-scale Commercial Tours (motorized)
are permitted on the Chilkat River within specific routes in that portion of the river
section north of the confluence of the Klehini and Chilkat Rivers. Such operations
are not permitted in the area adjacent to the Klukwan Village. Large-scale
Commercial Tours (non- motorized) are permitted in the section of the Chilkat River
south of the Kelsall River.
Table 3-2: Conditionally Allowed and Prohibited Uses, Upper Chilkat Unit
Non-Motorized Current Authorized (Future) Stipulations
Large-scale
Commercial Tour
Operators, Non-
motorized
Yes Yes Subject to the stipulations
in item #7.
Motorized
Large-scale
Commercial Tour
Operators,
Motorized
Yes Conditionally authorized;
subject to specific
stipulations
Stipulations identified in
item #6 apply.
Jet Skis No Personal and commercial
use prohibited.
Helicopter
Landings
No Helicopter landings are
prohibited. Overflights of
the Preserve are allowed,
subject to stipulation.
Overflights by helicopters
operated for commercial
purposes shall maintain a
minimum height distance
from the ground of 1,500
feet over the Preserve.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 1 – UPPER CHILKAT RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 MAP 3-2 – Page 11
Map 3-2
MANAGEMENT UNIT 1
Upper Chilkat River Management Unit
Please click on the map link to view Map 3-2.
UNIT 1 – UPPER CHILKAT RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 12 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 1 – UPPER CHILKAT RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 MAP 3-2A – Page 13
Map 3-2A
Route & Use Area Restrictions
Large-scale Commercial Tour Operators (Motorized)
Please click on the map link to view Map 3-2A.
UNIT 1 – UPPER CHILKAT RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 14 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 1 – UPPER CHILKAT RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 15
6. Stipulations for Large-scale Commercial Tour Operators – Motorized. Large-scale
Commercial Tour Operators (motorized) are considered appropriate within this
Management Unit in the area of the 'Primary Route' under certain conditions of
operation. These conditions of operations are expressed as 'stipulations', and are
identified below. All references are to Plan Map 3-2a, 'Route and Use Area
Restrictions'. Large-scale Commercial Tour Operators (motorized) are not, however,
authorized to use the area included within the 'Secondary Route'. This area contains
sensitive habitat for coho, sockeye, and chinook salmon. Until further information
becomes available or ADF&G and DNR determine otherwise, the Secondary Route
may not be used by Large-scale Commercial Tour Operators (motorized). This action
is considered necessary as a precautionary step by DNR and ADF&G. While both
agencies recognize that there is relatively little data documenting impacts to fish
habitat by commercial operations for this area, it is known that the Kelsall Delta and
the mainstem Chilkat River contain sensitive and highly productive salmonoid
habitat, and it is not clear as to what extent boat wakes are affecting these areas.
DNR and ADF&G have taken this precautionary step (to close the Secondary Route)
until further research or other information indicates that the effect from boat wakes
are of little significance to this resource or until the agencies determine that changes
to this policy are necessary.
a) LCT Operators shall not enter into areas designated on the Plan Map 3-2 as 'Non-
Use Areas – Habitat' or 'Non-Use Areas – other than Habitat'. The former
includes Mosquito Lake, areas known locally as Mule Meadows, Bear Flats,
Goose Lake, areas that have been historically used for nesting by Trumpeter
Swans, and especially sensitive anadromous stream spawning and rearing areas.
The latter includes all remaining areas not within the prescribed route pattern or
habitat sensitive areas.
b) LCT Operators shall operate upstream of the confluence of the Chilkat and
Klehini Rivers on the Chilkat River system. Further, they shall operate within the
main part of the channel of the Chilkat River between Wells Bridge and the
confluence of the Klehini River. A minimum distance of 100 feet from the east
bank of the river and 50 feet from set nets and drift nets shall be maintained in
this area. They shall not operate adjacent to the Village of Klukwan.
c) LCT Operators shall operate within the area of the Primary Route depicted on
Plan Map 3-2A, including the access routes to Sheep Canyon Lake, Stump Lake,
and Bear Lake. Operations on the Secondary Route are not authorized unless and
until ADF&G and DNR determine that use of this area is not likely to cause
adverse impacts to spawning areas. Given this determination by the agencies, the
Secondary Route may be operated if there is sufficient water for operation to
ensure protection of active spawning and rearing areas in the vicinity of the
Kelsall Delta and if such operations would be consistent with the General
Standards that apply to anadromous streams. Activities within the Secondary
Route may be limited or terminated when such conditions do not exist, as
determined by ADF&G and DNR.
UNIT 1 – UPPER CHILKAT RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 16 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
d) LCT Operators shall avoid drift and set net sites, including those depicted on Plan
Map 3-2A.
e) LCT Operators shall operate their vessels to minimize stream bank erosion.
Generally, vessels shall be operated in the middle of the main channels of the
prescribed routes or wherever the deepest water occurs within the main channel.
Vessels shall maintain a distance separation of at least 50 feet from edge of bank
wherever possible. Distances less than 50 feet are only to be authorized for the
purposes of safety or if the channel width is insufficiently wide.
f) LCT Operators shall coordinate their operations with all other LCT Operators to
ensure that their operations do not conflict with each other process.
g) The total number of trips carried by all LCT Operators on the Primary Route shall
not exceed 12 per day nor a total of 565 trips during a 120-day operating season.
A total of five boats may be used by all LCT Operators for the purpose of
carrying passengers. Three of the five allowed boats can be up to 32 feet in
length and the other two can be up to 24 feet in length. Vessel lengths less than
those specified may be determined to be necessary in the state permitting
process.6
7. Stipulations for Large-scale Commercial Tour Operators – Non-Motorized. The
following specific standards apply to all Large-scale Commercial Tour Operators
(non-motorized) operating within this management unit. All map references are to
Plan Map 3A, 'Route and Use Area Restrictions'.
a) LCT Operators shall not enter into areas designated on the Plan Map 3-2 as 'Non-
Use Areas – Habitat' or 'Non-Use Areas – other than Habitat'. The former
includes Mosquito Lake, the areas known locally as Mule Meadows, Bear Flats,
and Goose Lake, areas that have been historically used for the nesting by
Trumpeter Swans, and especially sensitive anadromous stream spawning and
rearing areas. The latter includes all remaining areas not within the prescribed
route pattern or the habitat sensitive areas.
b) LCT Operators shall avoid known drift and set net sites, including those depicted
on the Plan Map 3-2.
6 The upper capacity level for LCT Operators (motorized) may be re-evaluated periodically once every five
years (from the date of adoption of this plan). Increases in this level may only be permitted if the proposed
level of activity is consistent with the requirements stated in these standards for LCT Operators and if it can be
demonstrated that the proposed level of activity meets the Preserve management standards identified as
'Common Management Requirements' in Chapter 3. A study to make this determination will be required. A
maximum of ten boats may be operated by LCT Operators (motorized) within the Upper Chilkat Management
Unit.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 1 – UPPER CHILKAT RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 17
c) LCT Operators shall coordinate their operations with all other LCT operators to
ensure that their operations do not conflict with each other.
8. Stipulations for Small-scale Commercial Tour Operators. Small-scale Commercial
Tour Operators (motorized) may use the area of the Primary Route, subject to the
same restrictions as the Large-scale Commercial Tour Operators (motorized) that
would reasonably apply to their operations in this route.7 Small-scale Commercial
Tour Operators may, however, use the area of the Secondary Route. Small-scale
Commercial Tour Operators are subject to similar restrictions in this area as for the
Primary Route8. In addition, all boats (not air boats) shall not exceed a length of 24
feet and each commercial operator shall not conduct more than two round-trips per
day. The total number of clients that can be carried on a daily basis shall not exceed
10 per commercial operator. (Note: these restrictions do not apply to Outfitter/Guide
Commercial Operators.) The ability of Small-scale Commercial Tour Operators
(motorized) to use the Secondary Route may continue unless new research or other
information indicates that adverse impacts to the sensitive habitat areas are occurring
within the Secondary Route, particularly within the area of the Chilkat mainstem
adjacent to and downstream of the Kelsall Delta.
9. Additional Research. Additional research is recommended on the effects of
commercial jet boat activity (primarily boat wake impacts) on the Kelsall Delta and
surrounding areas. These studies are described at length in Chapter 4.
10. Recreation Facility Development. Minimal public recreational facility development
is intended for this unit, given its relative isolation and limited access. The
development of facilities to support commercial motorized operations is to be
confined to private, University of Alaska, Mental Health Trust, or Haines Borough
land, most of which is situated at or near the Wells Bridge.
11. Upland Areas within Preserve. All upland areas are to be retained in their natural
condition.
Background and Resource Information
1. Access. The Chilkat Unit is accessed via water (riverboat or canoe), or by the
Mosquito Lake Road (motor vehicle). Winter access is by snowmachine or cross-
country skiing/snowshoeing. The majority of the unit is not accessible by road,
although plans for the Haines State Forest call for a road system that would provide
major access points along the east boundary of the unit or a crossing near Nataga
Creek. Private lands, on the east shore of the Chilkat River at Wells Bridge and the
Klukwan Village lands, border the Preserve and provide alternate access for those
owners. There are three floating docks currently in the Chilkat River that are for
private and commercial recreation use.
7 Items 6a through 6f of listing.
8 Items 6a, 6d, 6e and 6f of listing.
UNIT 1 – UPPER CHILKAT RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 18 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
2. Land Status. Most of the land within this section of the Preserve is owned by the
state, except for areas near the Wells Bridge. The Haines State Forest adjoins all of
this Management Unit, except for the few private land holdings, essentially
surrounding this Unit. Land status is depicted on Map 3-1.
3. Private Lands. Several pending and approved Native claims are located on the east
side of the Chilkat River and near Turtle Rock. Some of these claims are located
partially in the Preserve and partially on other lands. There are four parcels of private
properties approximately 14 miles up the Chilkat River from Wells Bridge. There are
also some private and Haines Borough lands on the west shore directly above the
Wells Bridge. Other University lands directly below the Wells Bridge may be
available for sale and/or use in the future.
4. Recreation. Recreational activities in this unit focus on hunting, access to cabins,
some recreational boating and fishing, and scenic/wildlife viewing provided by a
commercial jet boat operator.
5. Resources, Wildlife. The Chilkat Unit contains 17 known eagle nest sites, and is an
important eagle rearing area. The entire Preserve, with the exception of the upper five
miles of this unit, has been identified by U.S. Fish and Wildlife Service as being an
important habitat area during the fall and winter concentrations of eagles. This area is
also an important Trumpeter Swan concentration and nesting area. These birds,
sensitive to disturbance, have made a notable increase as only one nesting pair was
observed in the area prior to 1980. An aerial survey of this unit in 1984 indicated a
population of 18 swans, with four observed nests. According to the year 2001 U.S.
Fish and Wildlife census, there were areas of single swan use (1), by flocks (3), pairs
(6) and pairs with brood (7). The lower 8 miles of this unit has been identified in the
Cooperative Research Study as being a moose wintering area. The Chilkat drainage
from Wells Bridge up received heavy fall moose hunting pressure, and moderate
waterfowl hunting use. Resource information is depicted on Map 3-2.
6. Resources, Anadromous Streams. This unit contains several habitat areas that are
essential to fisheries resources in the Preserve. The Kelsall River supports the largest
rearing and spawning chinook population in the Chilkat River drainage. In addition,
the Kelsall River provides habitat for Dolly Varden char, coho, chum, sockeye and
pink salmon. Bear Flats provides the largest known spawning area for non-lake
spawning sockeye salmon in the drainage. The Chilkat River immediately upstream
of the Wells Bridge is used by fall spawning chum salmon. Finally, two areas of the
Chilkat River provide spawning habitat for late-run coho salmon; the area
immediately downstream from the Kelsall River, and the area between the confluence
of the Tahini River and the Chilkat gorge. Additional research in this area is
warranted to address concerns over increased commercial tour boat traffic through
critical coho spawning habitat in this part of the Preserve. The distribution of
anadromous streams, including their spawning, rearing, and overwintering areas is
depicted on Map 1-2.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 2 – TSIRKU RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 19
MANAGEMENT UNIT 2 – TSIRKU RIVER
The Tsirku Unit contains the lower Little Salmon and Tsirku rivers west of the Bald Eagle
Council Grounds Unit and the northern end of Chilkat Lake, including the lake outlet. The
unit contains approximately 7,300 acres or 15% of the preserve. The westernmost portions
of the Tsirku Fan occur within this area. The Tsirku River Management Unit is depicted on
Map 3-3.
Management Intent
The Tsirku unit will be managed to meet the Common Management Requirements.
Management emphasis will be placed on the protection of sensitive habitat, especially
associated with anadromous fish stream spawning and rearing areas, bald eagle nesting and
feeding activities, while accommodating traditional uses and some level of commercial
recreation. No additional public recreation facility development is planned at this time, and
it is intended that any facility development in the future will be minimal and occur adjacent
to the current parking area. The primary uses of the unit will be fish and wildlife habitat,
activities related to the maintenance of traditional lifestyles, and dispersed recreation. A
more detailed listing of current and allowed (future) recreational uses is given in Table 3-3.
Portions of the Tsirku fan, important to the upwelling of water at the Council Grounds, shall
be protected in all development or use authorizations issued by DNR. Development activity
in this area is to be precluded, except as described below. River diversion and flood control
projects, except of a temporary nature, are not authorized in order to avoid the reoccurrence
of past major floods.
Commercial activities have expanded in portions of this unit during the last several years.
Most of this activity is related to rafting portions of the Tsirku River downstream to the
Chilkat River. Commercial uses are intended to not conflict with traditional uses and may be
compatible with the management intent for this unit. Such uses may be authorized if their
operations are consistent with the management objectives stated above, Common
Management Requirements, General Management Requirements for Commercial
Recreation, and the specific management requirements for Large-scale Commercial Tour
Operators identified under Management Guidelines. Large-scale Commercial Tours (non-
motorized) are permitted in this Management Unit, but must operate subject to the
stipulations described below.9
9 Recent biological research has concluded that airboat tour operations within this unit are not appropriate.
There are large numbers of foraging eagles perched along the edge of the river channels in the Tsirku Fan, and
the noise and powerful wind gusts created by jet boats and airboats are likely to disturb them. Eagles in this
area are particularly susceptible to disturbance by commercial traffic because they are attempting to catch live
sockeye salmon. This food source is only available when fish accidentally enter channels that are very shallow
and eagles are able to see and grab them. Eagles, therefore, cannot gorge on salmon during early morning hours
before commercial river traffic begins like they can in other river sections where they are feeding on carcasses.
UNIT 2 – TSIRKU RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 20 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Continued motorized and non-motorized public access to Chilkat Lake through the Preserve
is authorized. A General Permit issued by ADF&G will regulate motor vehicle use below
ordinary high water. Jet boats use the outlet stream (Clear Creek) east of Devil's Elbow to
get access to the lake. The existing forest bridge across the Little Salmon River will be
maintained. The forest area accessed by the bridge is an important recreational use area for
hunting, trapping and berry picking, and provides for personal use firewood and small
commercial timber sales.
Access across the Tsirku River to areas within the State Forest [Units 3 (Klehini) and
4 (Chilkat Lake)]is considered appropriate, subject to concurrence by DPOR. The
development of this road is subject to stipulations to protect the purposes and values of the
Eagle Preserve and minimize environmental impacts. See also the management requirements
in the Haines State Forest Plan that pertain to this potential improvement.
Continued use of the existing cleared area at the north end of Chilkat Lake is appropriate and
is likely to continue. The cleared area, which is used for private purposes and is not
maintained by any governmental entity, is located on the floodplain near the north end of
Chilkat Lake. There is concern that the cleared area could become a channel for floodwater
that would flow into Chilkat Lake and adjacent waters used for salmon spawning and rearing.
If alternations to the cleared area are proposed, they will need to include measures that lessen
or eliminate the likelihood that the cleared area will become a channel for flood waters.
Management Guidelines/Recommendations
1. Recreational Facility Development. There will be minimal additional public
recreation facility development in this unit in order to maintain the backcountry
natural qualities of the area. Any such development should locate near the area of the
existing parking lot and boat launch, which is accessed by road from the north. There
should be no public facility development in other parts of the Management Unit.
2. Forest Road Access Across the Tsirku River. Trails or roads needed for public access
or access needed for purposes described in AS 41.21.619 (renumbered in 1983) will
be located to either avoid eagle concentration areas or cause minimal disturbance to
eagle concentration areas.
3. Public Access to the Tsirku River and Chilkat Lake. Continued public access to the
Tsirku River, the lake outlet stream known as Clear Creek, and Chilkat Lake is to be
ensured. The recently reconstructed boat landing should be maintained to provide
adequate access to the Tsirku River and Chilkat Lake. Separate access for
commercial rafting users using this facility will be encouraged, consistent with the
other requirements of this Plan. A General Permit issued by ADF&G will regulate
motor vehicle use below ordinary high water.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 2 – TSIRKU RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 3-3 – Page 21
Map 3-3
MANAGEMENT UNIT 2
Tsirku River Management Unit
Please click on the map link to view Map 3-3.
UNIT 2 – TSIRKU RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 22 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 2 – TSIRKU RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 23
4. Roads across the Tsirku fan will be prohibited.10 Access through the Preserve to the
Klehini or Chilkat Lake Management Units or to private lands at Chilkat Lake will be
located at the narrow section of the Tsirku River upstream from the fan. Roads or
bridges constructed outside the area of the fan will not divert or confine the Tsirku
River's flow to the channels of the Tsirku River fan. This requirement may be waived
if the Alaska Department of Fish and Game and the Department of Natural Resources
agree that the proposed action will not significantly impact the surface water flows
on, to and over the fan or the groundwater recharge of the fan, and the resulting
upwelling of groundwater at the confluence of the Tsirku and Chilkat rivers.
5. Dalton Trail. If determinable, the tread and adjacent land (100' either side of trail) of
the Dalton Trail shall be protected within the state lands of the Preserve.
6. Recreational Uses. Table 3-3 identifies those uses that are conditionally allowed or
are prohibited in this Unit. These uses relate to both personal use and commercial use.
7. Large-scale Commercial Tour Operators. Large-scale Commercial Tours (non-
motorized) may be permitted, subject to the Common Management Requirements,
General Management Requirements for Commercial Operation, and the following
specific management requirements. Large-scale Commercial Tours (motorized) are
not allowed.
• LCT operators (non-motorized) may not commence operations on the Tsirku
River below the Chilkat Lake landing earlier than 8:00 a.m. and must
terminate operations by 10:30 p.m. DPOR may authorize a 7 a.m. start time,
but generally not more often than once per week. All operators shall use the
deepest channels within the Tsirku Fan.
Table 3-3: Conditionally Allowed and Prohibited Uses, Tsirku Unit
NON-MOTORIZED Current Authorized (Future) Stipulations
Large-scale
Commercial
Yes Yes - Conditional See Stipulation #7
MOTORIZED
Large-scale
Commercial
No No
10 A seasonal ice-road may be permitted if determined in a Forest Land Use Plan to be the least damaging
method of access to the potential timber harvest areas near Chilkat Lake within the State Forest. Most of the
Tsirku Fan occurs in the Council Grounds Unit but is noted here because the location of the crossing site occurs
in this Unit.
UNIT 2 – TSIRKU RIVER CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 24 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Table 3-3: Conditionally Allowed and Prohibited Uses (Continued)
OTHER MOTORIZED
Jet Ski No No Personal and commercial
use prohibited except
within Tsirku River (in
order to access Clear
Creek), Clear Creek, and
within Chilkat Lake.
Helicopter
(Commercial)
No Helicopter landings are
prohibited. Overflights by
helicopters operated for
commercial purposes are
allowed, subject to
stipulation.
Overflights of the
Preserve shall maintain a
minimum height distance
from the ground of 1,500
feet.
8. Need for Further Research. When the average daily level of commercial rafting trips
within the Tsirku Delta reaches a critical level (6-8 raft trips per day with five rafts
per 'trip', or 23,500 passengers per year) DPOR shall re-evaluate the potential effects
produced by Large-scale Commercial Tours (non-motorized) before allowing the
number of raft trips to exceed this number(s). Aspects of this analysis are described
under the future research section of Chapter 4.
9. Upland Areas within Preserve. Except for a public road and limited additional
improvements at and near the area of the boat launch/parking facility, all upland areas
are to be retained in their natural condition
Background and Resource Information
1. Access. The unit is accessed by the Chilkat Lake landing road, trail and by river
boat/canoe/kayak/raft in the summer and by snow machine, skis or snowshoes in the
winter.
2. Land Status. Most of the land within the Management Unit is owned by the state as
part of the Preserve. The Haines Forest abuts the Preserve on the north and south.
Private land, primarily owned by the University of Alaska abuts the Preserve in the
area north of the Tsirku Fan. Land status is depicted on Map 3-1.
3. In-holdings. Several Native allotments, both pending and approved, are situated
within the boundaries of the Preserve north of Chilkat Lake.
4. Resources, Wildlife. The unit contains twelve known eagle nests and is a nesting and
rearing area. The area along the southern border of the Critical Habitat Area has been
identified as an important roosting area during the times of high eagle concentrations of
the fall and winter. The distribution of wildlife, including bald eagles and Trumpeter
Swans, is depicted on Map 3-3.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 2 – TSIRKU RIVER
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 25
5. Resources, Anadromous Streams. This unit contains salmonid spawning and rearing
habitat important to the preserve. The Little Salmon River provides excellent
spawning and rearing habitat for cutthroat trout, Dolly Varden char, and coho and
sockeye salmon. Chilkat Lake is the most important area for spawning and rearing
sockeye salmon in the Chilkat River drainage. In addition, it also supports cutthroat
trout, Dolly Varden char, whitefish, and coho salmon. A stream that flows into the
northwest corner of the lake located within the unit provides important spawning
habitat for sockeye and coho salmon. The lake outlet (Clear Creek) is an essential
migration corridor for fish migrating in and out of the lake. Both Chilkat Lake and the
Little Salmon River drain into the Tsirku River which provides the water for the
Tsirku Fan Reservoir (source of the upwelling in the Council Grounds). Thus, the
Tsirku River is an essential fish migration corridor. The distribution of anadromous
streams, including their spawning, rearing, and overwintering areas, is depicted on
Map 1-2.
6. Personal Recreation. The area is an important winter recreation area for the local
community, and is used for hunting, fishing and trapping. This unit is considered
primarily a backcountry unit as it is not easily accessed by the visiting public, but
contains the major access route to the Chilkat Lake area. Most use is of a local
nature, consisting of recreation and access to Chilkat Lake.
7. Commercial Recreation. Commercial rafting, hiking, and hunting trips are offered in
this unit.
8. Access. A Local Road Service Area of the Haines Borough maintains the road to the
boat landing area on the Tsirku River from the Steel Bridge across the Klehini River.
UNIT 3 – BALD EAGLE COUNCIL GROUNDS CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 26 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
MANAGEMENT UNIT 3 - BALD EAGLE COUNCIL GROUNDS
The Bald Eagle Council Grounds Unit contains approximately 5,400 acres or 11% of the area
of the Preserve. The area of the Council Grounds was first designated by the legislature as a
Critical Habitat Area (CHA), to recognize and to protect the concentration of bald eagles that
occurs there. The Chilkat River Critical Habitat Area still exists, and the area occupied by the
CHA covers the entirety of this Unit. The main concentration of bald eagles within the
Preserve occurs in this Unit. Klukwan Village is situated north of this unit. The Council
Grounds Management Unit is depicted on Map 3-4.
Management Intent
The Council Grounds Unit will be managed to meet the Common Management
Requirements. Management emphasis will be placed on the protection and maintenance of
the unique winter (October 1st to February 15th) and summer (June to August) concentra-
tions of eagles;11 the Tsirku Fan, important to the maintenance of this population during the
winter period; and traditional and subsistence uses, especially those conducted adjacent to the
Village of Klukwan. Opportunities for continued research on the natural resources of this
area, and for continued viewing of the eagles, will also be allowed.10 Protecting the
environment that supports the concentration of eagles will require maintaining the function of
the Tsirku fan upwelling, avoiding disturbance to the eagles, and ensuring that the eagles
have adequate roosting areas adjacent to the upwelling area and in areas that give protection
during bad weather. The Tsirku fan area, important to the upwelling of water at the Council
Grounds, shall be protected in all authorizations issued by DNR. Development activity in
this area, including road construction, is not authorized. The primary uses of the unit will be
fish and wildlife habitat, activities related to the maintenance of traditional lifestyles, and
dispersed recreation. A more detailed listing of conditionally allowed and prohibited uses is
given in Table 3-4.
Commercial recreation activities occur within this unit, and have increased greatly over the
last ten years. Most of this activity is associated with commercial, non-motorized rafting.
The origin point for these trips occurs on the Tsirku and sometimes the Klehini River, both of
which are outside this unit. Destination points occur within this unit and in the Lower Haines
Highway Sub-unit. Commercial recreation uses may be authorized that do not conflict with
traditional uses, and if their operations are consistent with the management objectives and
requirements stated, the Common and General Management Requirements for Commercial
Recreation, and the specific management requirements for Large-scale Commercial Tour
11 The peak of the bald eagle concentration occurs between mid-November and mid-December. The highest
count in this area was about 4,000 in the 1980s during the winter; usually the winter concentration ranges
between 2,000 and 3,000. The summer concentration ranges from 200 to 400.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 3 –BALD EAGLE COUNCIL GROUNDS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 3-4 – Page 27
Map 3-4
MANAGEMENT UNIT 3
Bald Eagle Council Grounds
Please click on the map link to view Map 3-4.
UNIT 3 – BALD EAGLE COUNCIL GROUNDS CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 28 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 3 – BALD EAGLE COUNCIL GROUNDS
Chilkat Bald Eagle Preserve Plan September 2002 Chapter 3 – Page 29
Operators identified under Management Guidelines. Large-scale Commercial Tours (non-
motorized) may be permitted in this Unit. Increases in the level of this activity from the
current level of 15,000 passengers per year may be authorized until the level of 23,500
passengers per year is reached. Once this level is reached, re-evaluation of the commercial
rafting operations is required prior to granting authorizations.
Areas west of the Village of Klukwan have been selected by the state but have not yet been
conveyed. These parcels should remain on the High Priority List of the state's Conveyance
Priority.
Portions of this unit adjoin the community of Klukwan. The management of commercial
recreation uses by DPOR should ensure that impacts caused by these operations upon the
village are avoided or minimized to the maximum extent possible. Representatives of the
Chilkat Indian Village should be contacted before DPOR permits involving significant new
activities are authorized that may affect the village. Commercial rafting operations are to be
managed to be as unobtrusive as possible to village residents.
Management Guidelines/Recommendations
1. Aircraft, including Helicopter Use. No person may land any aircraft, including
helicopters, within this unit at any time unless authorized by the Director by permit
(11 AAC 21.020). These operations will be prohibited during the winter (October 1–
February 15) and summer (June 1– August 31) concentrations of bald eagles.
2. Dalton Trail. If determinable, the tread and adjacent land (100' either side of trail) of
the Dalton Trail shall be protected.
3. Commercial Tours during Winter. All Large-scale Commercial Tours (motorized and
non-motorized) are prohibited during the critical winter period (October 1st –
February 15) unless the DPOR, in consultation with ADF&G, determines that limited
commercial activity is acceptable. 12Note: this recommendation only applies to
commercial tours operating within the Preserve; it does not affect such operations
conducted within the Haines Highway right-of-way.
4. Public Visitor Facilities. Additional public facilities to support summer and winter
visitor activity associated with the viewing of bald eagles is appropriate within areas
of the Haines Highway right-of-way. Under a cooperative agreement with the Alaska
Department of Transportation and Public Facilities, improvements of this type must
12 Human activities that cause significant disturbance to the eagles during their summer and winter
concentration periods will be discouraged and restricted if significant disturbance occurs. Particular care will be
required during times of stress, such as long periods of cold weather, when the eagles' tolerance to disturbance
is at its lowest level. Research findings have shown that "only very infrequent use of motorized vehicles such as
snow machines and airboats can be tolerated during the critical summer months and wintering periods..." (Bald
Eagles of the Chilkat Valley Alaska, March 1985. Research report by Angie Hodgson, February 2001.)
UNIT 3 – BALD EAGLE COUNCIL GROUNDS CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 30 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
be coordinated with and authorized by DPOR. No designated boat launches for road
vehicles are planned or considered within this unit.
5. Use of Public Facilities by Commercial Operators. Public facilities built along the
Haines Highway from Mile 19 to Mile 21 may not be used exclusively by any tour
operator to the detriment of other commercial operators or public users.
6. Trailered Boat Launching. No trailered boat launching may destroy fragile banks and
important fish habitat (11 AAC 21.025). All loading and unloading of boats in this
area should be by hand only, although some private lands may have existing boat
launch sites that may be permitted and hardened with appropriate stipulations.
7. Upland Areas within Preserve. Except for a public road and limited additional
improvements at and near the area of the boat launch/parking facility, all upland areas
are to be retained in their natural condition.
8. Recreational Uses. Table 3-4 identifies those uses that are conditionally allowed or
are prohibited in this Unit. These uses include both personal and commercial use.
9. Large-scale Commercial Tours (Non-Motorized). Large-scale Commercial Tours
(non-motorized) may be permitted, subject to the Common Management Require-
ments, General Management Requirements for Commercial Operation, and the
following specific management requirements. Note also the restrictions on winter use
described in item #3.
• LCT (non-motorized) operators may not commence operations on the Tsirku
Fan earlier than 8 a.m. and must terminate operations in this area by 10:30
p.m. DPOR may authorize a 7 a.m. start time, but generally not more often
than once per week. All operations shall occur in the deepest channels within
the Tsirku Fan.
• LCT operations in areas adjacent to Klukwan Village are to be conducted so
as to be non-intrusive to village residents. Before the beginning of the
operating season, operators shall instruct the people operating rafts (or other
non-motorized vessels) of these requirements.
10. Need for Further Research. When the average daily level of commercial rafting trips
within the Tsirku Delta reaches a critical level (6-8 raft trips per day with five rafts
per 'trip', or 23,500 passengers per year) DPOR shall re-evaluate the potential effects
produced by Large-scale Commercial Tours (non-motorized) before allowing the
number of raft trips to exceed this number(s). Aspects of this analysis are described
under the future research section of Chapter 4.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 3 – BALD EAGLE COUNCIL GROUNDS
Chilkat Bald Eagle Preserve Plan September 2002 Chapter 3 – Page 31
Table 3-4: Conditionally Allowed and Prohibited Uses, Council Grounds Unit
NON-MOTORIZED Current Authorized (Future) Stipulations
Large-scale
Commercial Tour
Yes Yes – Conditionally allowed See stipulation #9.
MOTORIZED
Large-scale
Commercial Tour
No No
OTHER MOTORIZED
Jet Ski No No Personal and commercial
use prohibited.
Helicopter
(Commercial)
No Helicopter landings are
prohibited. Landings of
helicopters operated for non-
commercial purposes are
prohibited in the CHA unless
authorized by the Director,
DPOR. Overflights of the
Preserve are allowed, subject
to stipulation.
Overflights shall maintain
a minimum height
distance from the ground
of 1,500 feet.
Fixed Wing
Aircraft
No No Landings in the CHA are
prohibited unless
authorized by the
Director, DPOR.
Background and Resource Information
1. Access. The area is easily accessed by foot from the Haines Highway or by river-
boat/canoe/kayak during the summer months and by snow machines in the winter
months. A road to the Nature Conservancy property built many years ago crosses the
southwest side of the unit but is not maintained. The Division of Parks and Outdoor
Recreation does not intend to maintain or improve this road.
2. Land Status. All of the upland west of the Haines Highway, which consists of
portions of flat floodplain, is owned by the state except for several small parcels. The
boundary of the Preserve extends upslope from the Haines Highway to the east, but
Natives and other private interests, with few exceptions, own this area. The Chilkat
River Critical Habitat Area covers the entirety of the Council Grounds Unit. This
Area is managed under a cooperative agreement between ADF&G and DPOR. Land
status is depicted on Map 3-1.
UNIT 3 – BALD EAGLE COUNCIL GROUNDS CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 32 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
3. In-holdings. Native allotments and other private land occupy most of the upland
within the Preserve east of the Haines Highway.
4. Resources, Wildlife. This unit is perhaps the richest of all units in fish and wildlife
resources. The major concentrations of eagles occur in this area during the summer,
fall and winter gatherings. The unit contained 27 known eagle nests in 2001, and is
important for nesting and rearing in the spring and summer, and for roosting in the
fall and winter. There are no known Trumpeter Swan nests within this Unit. The
entire unit is within identified moose wintering area. Map 3-4 depicts the distribution
of the bald eagle nests.
5. Resources, Anadromous streams. The Chilkat and Tsirku Rivers are important
salmon spawning and rearing areas. The majority of the fall chum salmon that
constitute the major food source of the wintering eagle population spawn in this unit.
The distribution of anadromous streams, including their spawning, rearing, and over-
wintering areas, is depicted on Map 1-2.
6. Hydraulic. The Tsirku Fan is important because the hydrological action of this fan
permits the Chilkat River to remain ice-free during the winter months. This warm,
upwelling water allows chum salmon and coho salmon to spawn much later in the
year when other areas are frozen.
7. Scenic Values. The Critical Habitat Area is perhaps the most visible to the area
visitors, and is heavily used along the highway during the fall and winter months. Its
scenic value is high.
8. Features. This unit is heavily used along the highway during the fall and winter for
eagle viewing and photography. The state has developed its principal visitor support
facilities in the Unit at an area adjacent to the Chilkat River and Haines Highway.
These include a viewing area, a parking area, interpretative signs, and a boardwalk.
9. Personal Recreation Use. The area is a popular fishing area (sport and subsistence).
Trapping and hunting activities also occur within the unit. Portions of the unit are
also used during the summer for boating, including kayaking, canoeing, and rafting.
10. Commercial Recreation Use. A number of private businesses offer river rafting trips
during the summer months. The highway corridor receives heavy use from tour buses
during the fall and winter.
11. Other. The Chilkat Native Village intends to develop a visitor center within the
Native lands at Klukwan.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 4 – HAINES HIGHWAY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 33
MANAGEMENT UNIT 4 – HAINES HIGHWAY AND ADJACENT
LANDS
The Haines Highway and Adjacent Lands Unit contains approximately 14,400 acres or
almost 30% of the Preserve. It is 25 miles long and is from ¼ mile to 2 miles wide. The unit
consists of the Chilkat and Klehini River bottoms, not including the locality of the Critical
Habitat Area in the Council Grounds Unit or the Upper Chilkat. The Management Unit is
depicted in Maps 3-5A & B, including the two separate Subunits of this Management Unit.
There are two physically distinct, isolated geographic areas within this Unit. Because of this,
the Unit is more effectively described in terms of its two subunits: Upper Haines Highway
and Lower Haines Highway.
• Upper Haines Highway Subunit. The smaller of the two, this area extends from the
Klukwan Village unit north and northwest following the Klehini River and the Haines
Highway to about Mile 31. This area almost entirely consists of the Klehini River
and a small portion of the Chilkat River south of the Wells Bridge to the Klukwan
Village, plus associated floodplains. Although the boundary of the Preserve extends
from the Klehini River north to the Haines Highway to encompass uplands,
essentially all of this upland area is privately owned.
• Lower Haines Highway Subunit. This subunit includes the mainstem of the Chilkat
River, its associated floodplain, and uplands between the floodplain and the Haines
State Forest which occupies Chilkat Ridge. The floodplain and most of the associated
uplands are fairly flat. Uplands within the boundary of the Preserve also extend
easterly along the Haines Highway upslope for a distance of about a quarter of a mile.
This area is steep and, with few exceptions, all of these lands are owned by private
interests and the Mental Health Trust. The Haines Highway and the pipeline corridor
bisect portions of the subunit in its northern part and adjoin the subunit on the east
side in its southern part. Both are excluded from the Preserve. The Haines Highway
and its right-of-way are managed by the ADOT/PF.
Management Intent
Both subunits will be managed to meet the Common Management Requirements. Each is to
be managed so that the primary uses within this area, which include dispersed personal
recreation, traditional uses, and commercial recreation uses of a non-motorized type, are
allowed to continue. A more detailed listing of conditionally allowed and prohibited
recreational uses is given in Table 3-5. More specific requirements also pertaining to the
two subunits follows.
UNIT 4 – HAINES HIGHWAY CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 34 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Regularly scheduled commercial activities have expanded significantly in this unit during the
last several years. Most of this activity is associated with commercial, non-motorized
rafting. The origin point for these trips occurs on the Tsirku or Klehini Rivers. Destination
take-outs occur on the Chilkat River within both the Council Grounds subunit and in the
Lower Haines Highway Subunit at various spots next to the Haines Highway near Mile 13.5.
These put-in and take-out points use state uplands, but no public facilities are involved.
Commercial uses are intended to not conflict with traditional uses and must be compatible
with the protection of the bald eagle and Trumpeter Swan populations, maintenance of fish
and wildlife habitat, and protection of state uplands. Such uses may be authorized if their
operations will be consistent with the management objectives stated above, the Common
Management Requirements, General Management Requirements for Commercial Recreation
uses, and the specific requirements stated below.
• Upper Haines Highway Subunit. This will be managed primarily to protect fish and
wildlife habitat, water quality and quantity, other natural features, and traditional
uses. Current commercial uses focus on rafting during the summer months, and occur
throughout the subunit. Currently, there is no commercial motorized (tour) use of
these sections of the Chilkat or Klehini. Large-scale Commercial Tours (non-
motorized) are appropriate during the summer period and part of the fall. Large-
scale Commercial Tours (motorized) are not authorized. In order to protect the fall
concentration of bald eagles that occurs between September 15 to November 30,
Large-scale Commercial Tour operations are prohibited during most of this period. A
large bald eagle population13 congregates here during the fall to feed on salmon
carcasses before moving to the Council Grounds in November. No recreational
facilities are intended or planned within this unit. Most of the land along the Haines
Highway is not available for public use. The few areas of state owned upland are not
to be developed and are to be retained in their natural condition.
• Lower Haines Highway Subunit. This subunit will be managed primarily to protect
fish and wildlife habitat, water quality and quantity, other natural features, and
traditional uses. A portion of the unit generally north of Mile 13.5 in the area of the
river sloughs and side channels is part of a larger area to be carefully managed for the
protection of the bald eagle population, maintenance of the Tsirku Fan, and to ensure
safe commercial boating operations – a management approach similar to that used in
the Council Grounds Management Unit. Continuation of the current Large-scale
Commercial Tour Operations (non-motorized) is considered appropriate if consistent
with the Common Management Requirements and the General Management
Requirements for Commercial Use. Large-scale Commercial Tour Operators
(motorized) are not permitted in this Subunit. There is no major public recreation
facility development planned at this time, and it is intended that any such
development occur within portions of the Council Grounds unit.14 Other types of
visitor related facilities are appropriate, such as roadside turn-outs, interpretative
13 Up to 500 bald eagles in recent years.
14 The Mile 19 Viewing Shelter and parking areas up to Mile 21 are situated outside the Preserve within the
Haines Highway right-of-way next to the Council Grounds Management Unit.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 4 – HAINES HIGHWAY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 3-5A – Page 35
Maps 3-5A
Management Unit 4
Haines Highway & Adjacent Lands
Upper Haines Highway Subunits
Please click on the map link to view Maps 3-5A.
UNIT 4 – HAINES HIGHWAY CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 36 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 4 – HAINES HIGHWAY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 3-5B – Page 37
Maps 3-5B
Management Unit 4
Haines Highway & Adjacent Lands
Lower Haines Highway Subunits
Please click on the map link to view Maps 3-5B.
UNIT 4 – HAINES HIGHWAY CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 38 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 4 – HAINES HIGHWAY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 39
signing, or picnic facilities, and may be developed by DOT/PF within the road right-
of-way. No public boat launch sites for road vehicles are planned or considered
within this unit, although some private lands may have existing boat launch sites that
could be permitted with appropriate stipulations. The DPOR, in consultation with the
ADF&G, may approve and permit private boat launch sites in this unit if they can be
adequately sited, hardened, and maintained to prevent resource degradation. The
intent is not to allow fragile banks and their valuable fish habitat to be destroyed by
repetitive boat launching. Facilities to support private commercial uses that operate
in the waters of the Preserve shall be sited on private land.
Management Guidelines
1. Development of Uplands to Support Public Facilities. Major public facilities are not
intended or planned in this subunit. However, within the Lower Haines Highway
Subunit, certain types of direct support visitor facilities may be appropriate within the
Haines Highway right-of-way. These facilities include roadside turn-outs,
interpretative signing, and picnic facilities.
2. Use of Other Upland Areas. Other upland areas, which are primarily situated to the
south of the Klehini and west of the Chilkat River, are not appropriate or intended for
development and are to be retained in their natural condition.
3. Development of Boat Launches. Public boat launches for road vehicles are not
planned or considered in either the Lower or Upper subunits. Within the Lower
Haines Highway Subunit, some areas may be appropriate for private boat launch
sites. DPOR shall coordinate with ADF&G in the siting and design of these facilities.
All facilities to support commercial uses shall occur on privately owned uplands.
Areas in the Preserve used to support commercial boating activities shall be managed
to allow no loss of habitat values.
4. Review of State Highway Projects. Consistent with the cooperative Management
Agreement between the two agencies, DPOR shall review all proposals for highway
improvement by the DOT/PF for consistency with the management guidelines of the
Preserve Plan. The Preserve Advisory Council shall also review the results of the
DPOR review.
5. Coordination with ADOT/PF. DPOR should take an active role in state road and
facility planning and facility development, including signing, along that portion of the
Haines Highway abutting the Preserve, in order to ensure consistency with the
Preserve Plan.
6. Trailered Boat Launching. Consistent with state regulation (11 AAC 21.025),
trailered boat launching may not destroy fragile banks and important fish habitat. All
loading and unloading of boats in this area should be by hand only, although some
private lands may have existing boat launch sites that may be permitted and hardened
with appropriate stipulations.
UNIT 4 – HAINES HIGHWAY CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 40 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
7. Recreational Uses. Those uses that are conditionally allowed or are prohibited are
identified in Table 3-5. These uses relate to both personal use and commercial use.
8. Upland Areas Within Preserve. Except for limited additional improvements adjacent
to the Haines Highway, all other upland areas are to be retained in their natural
condition
9. Large-scale Commercial Tours. Large-scale Commercial Tours (non-motorized) are
considered appropriate in both subunits if consistent with the Common and General
Management Requirements for Commercial Use, and with specific management
requirements. Large-scale Commercial Tours (motorized) are not permitted in either
Subunit.
• Large-scale Commercial Tours (non-motorized) are not to be authorized
between October 1st and November 30th in the Upper Haines Highway
Subunit.
10. Selection Priorities. The state land selections within the Haines Highway Unit should
remain on the 'High Priority List' of the state Conveyance Priority List.
Table 3-5: Conditionally Allowed and Prohibited Uses, Haines Highway Unit
Lower and Upper Haines Highway Subunits
Non-Motorized Current Authorized (Future) Stipulations
Large-scale
Commercial Tour
Yes Authorized in Upper
Haines Unit, but subject
to stipulation.
Authorized in Lower
Haines Unit.
No operations allowed
between Oct 1st and Nov. 30
in Upper Haines Subunit.
Motorized
Large-scale
Commercial Tour
No Not authorized in Upper
Haines Unit. Not
authorized in Lower
Haines Unit.
Other Motorized
Jet Ski No No Personal and commercial use
prohibited.
Helicopters
(Commercial)
No Helicopter landings are
prohibited. Overflights
of the Preserve are
allowed, subject to
stipulation.
Overflights shall maintain a
minimum height distance
from the ground of 1,500
feet.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 4 – HAINES HIGHWAY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 41
Background and Resource Information
1. Access. The Haines Highway along almost its entire boundary accesses the unit. It is
further accessed by a road at 26 mile and may be crossed by the Dalton Trail.
2. Land Status. Essentially all of the land within this unit, west of the Haines Highway,
is owned by the state and is part of the Preserve. A portion of this unit occurs east of
the Haines Highway north of Mile 17, but private interests of the Mental Health Trust
own all of this area, with several small exceptions. Opposite the Village of Klukwan
in the Upper Haines Subunit, there are several areas of state selected land. Land
status is depicted in Map 3-1.
3. In-holdings. As indicated, in the area east of the Haines Highway, there are extensive
in-holdings of private interests and the Mental Health Trust.
4. Resources, Anadromous Fish Streams. The Chilkat and Klehini Rivers contain
extensive salmon spawning and rearing areas. Pink, chum, and coho salmon utilize
side channels of the Chilkat River along the lower Chilkat River for spawning. The
upper section of this unit particularly in the lower Klehini River provides important
mainstem spawning areas for early run fall chum salmon. The lower reach of
Herman Creek is within the western end of this management unit. This area has
important fall chum habitat. Part of the Herman Creek chum salmon spawning
channel is within the Preserve. The lower section of this unit is used extensively for
subsistence and sport fishing. The distribution of anadromous streams, including their
spawning, rearing, and overwintering areas is depicted on Map 1-2.
5. Resources, Wildlife. The fall and winter concentrations of eagles utilize much of this
unit for roosting and feeding areas. This Unit contains 50 known eagle nests and is
identified as a nesting and rearing area. There are 25 known bald eagle nests in the
Upper Haines Subunit, and 25 in the Lower Haines Subunit. The area from 18 mile
to 21 mile is an important eagle roosting area during the winter months. The Klehini
River is an important feeding area for eagles from September to November 30th. A
small concentration of Trumpeter Swans occurs in the southern part of the Lower
Haines Subunit west of the mainstem in areas of sloughs and side channels of the
Chilkat River. The entire unit except that portion that lies above 25 mile is part of the
moose wintering area. Map 3-5 depicts the distribution of the bald eagle nests and
Trumpeter Swan sites.
6. Commercial Recreation Uses. River raft trips, bus tours, big game guiding and
hiking, guided sport fishing, photography, sightseeing tours are offered on a
commercial basis in this unit.
7. Personal Recreation Uses. Snow machines, snowshoers and skiers use the area in the
winter months. Riverboats, rafts, canoes and kayaks use it in the summer months.
Snow machining and skiing are important winter recreation activities in some areas of
this unit. A developed snowmobile track at 25 Mile is utilized for organized
activities.
UNIT 5 – CHILKOOT RIVER AND LAKE CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 42 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
MANAGEMENT UNIT 5 – CHILKOOT RIVER AND CHILKOOT
LAKE
This unit includes the northern half-mile of Chilkoot Lake and extends in a narrow band
along the Chilkoot River 5 ½ miles up the Chilkoot Valley. The unit contains approximately
2,350 acres or 5% of the Preserve. There are a number of private in-holdings and the unit is
accessed by a un-maintained road, which is badly deteriorated. Recreation use focuses on the
northern part of the lake, with the remaining upland areas to the north within the Preserve
used for low intensity public recreation such as hunting or fishing. The Chilkoot River drains
the unit; it is a sensitive anadromous stream that is used for spawning and rearing. The area
of the 'Glory Hole' near the lower end of the unit is a spring fed spawning area for sockeye
salmon and is considered a highly sensitive spawning area. Commercial forest harvest in the
adjacent uplands is not allowed under the State Forest Plan. Except for several small areas,
all of this Management Unit remains under the ownership of the federal government, with
management provided by the Bureau of Land Management. Map 3-6 depicts this Unit.
Management Intent
This unit will be managed to meet the Common Management Requirements. Management
emphasis will primarily be to protect fish and wildlife habitat, water quality and quantity,
maintain traditional uses, and the fisheries and wildlife resources of the Chilkoot Lake and
River. There is no public recreation facility development intended or planned in this unit.
Upland areas adjacent to the Chilkoot River are not to be developed and will be maintained
in their natural condition. This requirement also applies to the uplands within the State
Forest.15 The area of the 'Glory Hole' shall be managed so that there is no degradation of this
site or those adjacent areas important to its continued functioning. The primary uses of the
unit will be fish and wildlife habitat, activities related to the maintenance of traditional
lifestyles, and dispersed recreation. A more detailed listing of conditionally allowed and
prohibited recreational uses is given in Table 3-6.
Regularly scheduled commercial recreation activities occur within portions of the Lake, but
are absent elsewhere. Large-scale Commercial Tours (motorized and non-motorized) are to
be prohibited within uplands,16 although use of Chilkoot Lake by LCT Operators (non-
motorized and motorized) for this purpose is considered appropriate, subject to applicable
standards. Dispersed, low intensity commercial recreation uses intended not to conflict with
15 The State Forest Plan precludes commercial timber harvest in those uplands adjoining the Preserve. These
areas are classified as 'Public Recreation Land'in the Forest Plan.
16 Except that non-motorized LCTOs may use the beach areas on the northeast lakeshore for a rest stop or for
picknicking.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 5 – CHILKOOT RIVER AND LAKE
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Map 3-6 – Page 43
Map 3-6
Management Unit 5
Chilkoot River/Lake
Please click on the map link to view Map 3-6.
UNIT 5 – CHILKOOT RIVER AND LAKE CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 44 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 5 – CHILKOOT RIVER AND LAKE
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 45
traditional uses, also those compatible with the protection of the bald eagle population,
maintenance of fish and wildlife habitat, water quality and quantity objectives, and the
management intent for this unit, are appropriate in upland areas. Such uses should be
authorized if their operations will be consistent with the management objectives stated above
and will not require any hardening of the sites or facility development.
Due to unresolved legal issues and the current poor condition of the existing road to/through
portions of this unit, the redevelopment of this road (called the 'Glory Hole Road' locally) is
not considered consistent with the management objectives of Chilkoot River area. If this
road is approved for construction, it should not be built to perform other functions than
access to in-holdings. Specifically, it should not be built to design standards that would have
the effect of greatly increasing current recreation use levels or to access the State Forest,
except incidentally. The Division of Parks and Outdoor Recreation must approve
realignment and upgrades of this road within the Preserve. The same design standards as that
used for the road section in the Haines State Forest shall apply (Forest Practices Act
Standards).
Management Guidelines
1. Public Recreation Facility Development. To be consistent with the low-intensity
forms of recreation stipulated for the uplands area, public recreational facilities are
not recommended in the uplands portions of this unit.17
2. Glory Hole. To protect the Glory Hole spawning area from future degradation, the
un-maintained road, if upgraded, should be rerouted to avoid the area. Other potential
uses shall also be sited to avoid this site. A trail leading from a new road and a
viewing facility at the Glory Hole are, however, considered appropriate. Any use of
the Glory Hole will increase degradation of this area, until the existing trail is
rehabilitated.
3. Access Road through State Forest and Preserve. If redevelopment of the trail occurs
in order to provide access to private lands and in-holdings, its design shall focus on
the provision of safe and legal access to these areas. The road shall not be designed
to provide access to the State Forest, except incidentally, and shall be built in such a
manner that it does not foster greater recreational use of the uplands within the
Preserve. The road shall also be sited to avoid the Chilkoot River, its adjacent
wetlands, and the Glory Hole. The state shall not participate in the funding of the
road's construction.
17 The Chilkoot Lake Campground, situated at the end of this lake and operated by DPOR, is not within the
Preserve proper. Currently, the campground is situated on land owned by the federal government. In the event
that this area is conveyed by BLM, the land will become part of the Haines State Forest. The proposed
Management Agreement is intended to allow continued use of this campground, with management by DPOR.
UNIT 5 – CHILKOOT RIVER AND LAKE CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 46 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
4. Re-evaluation of Management Unit with Construction of Road. If the road is
reconstructed, DPOR shall, with the consultation of Preserve Advisory Council,
determine if changes are required to the management intent of this unit. Prior to any
such decision, the Preserve Advisory Council shall be consulted as to whether
reconstruction of the trail is appropriate and necessary, and shall make a
recommendation concerning this to the Director, DPOR.
5. Recreational Uses. Those uses that are conditionally allowed or are prohibited are
identified in Table 3-6. These uses relate to both personal use and commercial use.
6. Large-scale Commercial Tour Operators. Large-scale Commercial Tour operations
(motorized and non-motorized) are not permitted throughout the Chilkoot River
portion of the unit. LCT operations (motorized and non-motorized) are allowed on
Chilkoot Lake.18 Use of the northeast shoreline composed of sand and gravel as a rest
stop or for picnicking may be authorized by DPOR.
7. Authorizations Should Not be Granted to Certain Commercial Uses. Consistent with
the management intent of dispersed, low intensity recreation, DPOR should not grant
authorizations to commercial users, the effect of which would be to greatly increase
public access to and use of the uplands adjoining this Unit.
8. Upland Areas within Preserve. All upland areas are to be retained in their natural
condition.
9. Selection Priorities. The state land selection within the Chilkoot River corridor
should remain on the 'High Priority List' of the state Conveyance Priority List.
Table 3-6: Conditionally Allowed and Prohibited Uses, Chilkoot Lake/River Unit
Non-Motorized Current Authorized (Future) Stipulations
Large-scale
Commercial Tour
No Not authorized within
Chilkoot River.
Authorized in Chilkoot
Lake
Use of the beach area as a
rest stop is permitted in the
Chilkoot River area.
Motorized
Large-scale
Commercial Tour
Yes Not authorized within
Chilkoot River.
Authorized in Chilkoot
Lake
Avoid impacts to sensitive
sockeye spawning areas on
west side of lake. Use of
the northeast shoreline,
composed of sand and
gravel, as a rest stop or for
picnicking may be
authorized by DPOR.
18 Such operations are also allowed in that portion of Chilkoot Lake within the Haines State Forest.
CHAPTER 3 – LAND MANAGEMENT POLICIES UNIT 5 – CHILKOOT RIVER AND LAKE
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 3 – Page 47
Table 3-6: Conditionally Allowed and Prohibited Uses (Continued)
Air boat No No
Jet boat No Not authorized within
Chilkoot River.
Authorized in Chilkoot
Lake.
Avoid impacts to sensitive
sockeye spawning areas on
west side of lake.
Other Motorized
Other Motorized
(Prop)
Yes Not authorized within
Chilkoot River.
Authorized in Chilkoot
Lake.
Avoid impacts to sensitive
sockeye spawning areas on
west side of lake.
Jet Ski No No Personal and commercial
use prohibited.
Helicopter,
Commercial
No Helicopter landings are
prohibited. Overflights
of the Preserve are
allowed, subject to
stipulation.
Overflights shall maintain
a minimum distance of
1,500 feet from ground.
Background/Resources
1. Access. This area is primarily accessed by a poorly maintained trail that leaves the
Lutak Road approximately ½ mile west from Chilkoot River Bridge. This trail
crosses a Native allotment, for which there is currently no public easement. The
current poor condition of this road is contributing to sedimentation in several of the
primary sockeye salmon spawning beds in Chilkoot Lake. Motorized vehicle use is
exacerbating this problem.
2. Land Status. Until recently, a Public Land Order related to a power withdrawal for
hydroelectric facility development affected nearly the entirety of this unit. This area
may now be conveyed to the state by the Bureau of Land Management. Until
conveyance occurs, this area will remain under the control of the federal government.
Map 3-1 depicts land status.
3. In-holdings. Several Native allotments are located on the west side of the unit. There
are private properties located further up valley from the Chilkoot unit that are outside
the Preserve boundaries.
4. Resources, Wildlife. This unit has six known eagle nests and has been identified as
an eagle nesting and rearing area. Several more eagle nests have been identified in
the area immediately around the unit. Eagles use this area heavily from November to
February. Human impacts during this period should be restricted. About 100-300
eagles feed here throughout the fall and winter. Map 3-6 depicts the distribution of
the bald eagle nests.
UNIT 5 – CHILKOOT RIVER AND LAKE CHAPTER 3 – LAND MANAGEMENT POLICIES
Chapter 3 – Page 48 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
5. Resources, Anadromous Fish Stream and Lake. The Chilkoot River drainage is a
major salmon spawning and rearing area. The 'Glory Hole' is located in the lower end
of the unit, and is a spring-fed spawning area for sockeye salmon. Dolly Varden char,
sockeye and coho salmon spawn in the lower Chilkoot River from the lake inlet to
about 4 miles upstream. Bear Creek, a tributary of the Chilkoot River is a very
important sockeye and coho spawning area for early and late run fish. The
distribution of anadromous streams, including their spawning, rearing, and over-
wintering areas, is depicted on Map 1-2.
6. Personal Recreation. The area receives use primarily by the local community for
berry picking, and sightseeing. Some fishing and hunting also occurs within the
drainage.
7. Commercial Recreation. A small number of commercial operators provide trips to
the 'Glory Hole' during the summer season.
CHAPTER 4 – TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002
Chapter 4
IMPLEMENTATION..................................................................................................................1
Introduction .....................................................................................................................................1
Land Classification..........................................................................................................................1
The Advisory Council......................................................................................................................1
Preserve Management Responsibilities..........................................................................................2
Access ............................................................................................................................................3
Future Research and Studies...........................................................................................................3
Specific Implementation Requirements and Recommendations.....................................................5
Plan Revision and Amendment Procedures..................................................................................10
CHAPTER 4 – IMPLEMENTATION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 4 – Page 1
CHAPTER 4
IMPLEMENTATION
INTRODUCTION
This chapter summarizes the actions necessary to implement the plan. These actions include
land classifications, the use of the advisory council, administrative or management
responsibilities, access, future studies, and plan amendment.
LAND CLASSIFICATION
Land within units of the State Park System, such as the Bald Eagle Preserve, are generally
not classified since their management is narrowly prescribed by the legislation that created
them. The management guidelines and management intent statements of this plan and the
regulations adopted in 1982 provide the direction otherwise given by classifications.
THE ADVISORY COUNCIL
A twelve member advisory council was established by the enabling legislation
(AS 41.21.625) to assist the Department of Natural Resources in the development and
monitoring of the management plan. The responsibilities of the council are outlined in
AS 41.21.616-625 and are listed below:
• Review and comment on regulations proposed by the Department of Natural
Resources governing public use and protection of Preserve resources, and
comment on fish and game regulations proposed for adoption by the Board of
Fisheries or the Board of Game. (41.21.616)
• Review and comment on a finding by the Director that a traditional use is causing
significant resource damage. (41.21.618)
• Review and comment on regulations and stipulations established to protect
purposes and values of the Preserve and to minimize adverse environmental
impacts in the Preserve in the event of authorized access or egress across Preserve
land. (41.21.619)
• Use information from cooperative resource studies to comment on management
decisions. (41.21.620(a))
• Investigate the need for additional research. (41.21.620(a))
• Receive notice of proposed additions to or deletions from the Preserve.
(41.21.621)
CHAPTER 4 – IMPLEMENTATION
Chapter 4 – Page 2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
• Assist the Department in monitoring the management plan. (41.21.625(e))
• Review commercial use permits before the start of an upcoming operating season.
PRESERVE MANAGEMENT RESPONSIBILITIES
Preserve management responsibilities are divided between the Department of Natural
Resources (DNR) and the Alaska Department of Fish and Game (ADF&G). Overall
management responsibility for the Preserve is assigned to DNR and responsibility for the
management of fish and wildlife resources, to ADF&G. These management responsibilities
of the DNR and ADF&G are either inferred or are directly stated in state statute.
• General Management Authority – Department of Natural Resources
The authority for DNR to administer the Preserve derives from the action by the
Legislature to make this area a 'special purpose site' under article VIII, section 7,
of the State Constitution. Specific authority to manage the Preserve is assigned to
the Division of Parks and Outdoor Recreation within DNR. The kind of
management appropriate in the Preserve is generally stated under the listing of
intent and purposes in the statute creating the Preserve, contained in
AS 41.21.610-630. More specific direction in this management is inferred
through the requirement for the preparation of a management plan in
AS 41.21.620, with the plan providing management direction for particular
management units within the Preserve.
• Fish and Wildlife Resources – Department of Fish and Game
ADF&G is responsible for the management of the fish and wildlife resources
within the Preserve under applicable law, consistent with the purposes of
AS 41.21.610-630. Under AS 41.21.616, ADF&G shall also consult with DNR in
proposing regulations governing fish and game management in the Preserve for
adoption by the Board of Fisheries or the Board of Game. ADF&G shall also
cooperate with the U.S. Fish and Wildlife Service in its administration of the
federal law governing the conservation of bald eagles (1 ch 95 SLA 1982).
ADF&G is also responsible for the administration of the Chilkat River State
Critical Habitat Area (CHA). This CHA was created in 1972 in "order to protect
natural habitat crucial to the perpetuation of fish and wildlife, especially bald
eagle feeding". Management of the activities in the CHA is the responsibility of
DNR, with ADF&G responsible for the management of fish and wildlife and their
habitats.
In order to help fulfill these responsibilities, DNR as a matter of policy, shall
provide the opportunity for ADF&G to participate in any reviews that may affect
water quality, fish and game populations or habitat, or stream modification.
CHAPTER 4 – IMPLEMENTATION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 4 – Page 3
ACCESS
The Department of Transportation and Public Facilities constructs and maintains all state
highways in the Preserve. All roads that are not within the state highway system and that
provide legal access to land not included within the boundaries of the Preserve are to be
constructed and maintained by the person or organization receiving the access. Access roads
to State Forest lands that pass through the Preserve are to be built and maintained by the
Division of Forestry. Exceptions to this may occur on a case-by-case basis if agreements are
negotiated between the parties involved. ADF&G will review any proposed or modified
access projects to ensure they are consistent with AS 16.05.840, 16.05.870 and with Preserve
goals of maintaining fish and wildlife populations and habitats.
FUTURE RESEARCH AND STUDIES
This plan encourages continued research and study of those resources and habitats, which are
necessary to the bald eagles and to the other values and resources of the Preserve. A con-
tinuation of the research on those studies related to eagles and salmon and their habitats is
particularly essential.
There are study and research activities currently being conducted on the bald eagle
population, the anadromous steams, fish and wildlife populations, and harvest activities
within the Preserve. These activities are supported or conducted by the various agencies
responsible for park management and wildlife and fisheries management. This includes the
DPOR division of DNR; the Wildlife Conservation, Habitat and Restoration, Subsistence,
Commercial Fisheries, and Sport Fish Divisions of ADF&G; the U.S. Bureau of Land
Management; and the U.S. Fish and Wildlife Service (USFWS). This ongoing research
needs to be continued.
Future eagle studies should give emphasis to determining responses of the birds to different
types of human disturbance. Index counts of both the wintering and breeding populations
should continue. Such information is essential for identifying trends in eagle numbers.
Additional data on seasonal use of various habitats will also prove of value.
1. Annual and Periodic Studies: Fish and Wildlife
The study of the Preserve's bald eagle population, its associated habitat, and the
anadromous streams that are the basis for this population, should continue. Similarly,
studies of other important wildlife including Trumpeter Swans, moose, and goats,
should continue. The regular and periodic evaluations include:
a) Annual escapement surveys of chinook, coho, pink, chum and sockeye
salmon. Agency responsibility: ADF&G.
b) Periodic census of eagles and Trumpeter Swans, including the revision of nest
inventory maps. Agency responsibility: DPOR, USFWS.
c) Periodic mark and recapture studies to estimate fish populations in the Chilkat
and Chilkoot River systems. Agency responsibility: ADF&G.
CHAPTER 4 – IMPLEMENTATION
Chapter 4 – Page 4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
d) Periodic coded wire tagging studies of salmon populations within the Preserve
to estimate survival, harvest patterns, migration patterns, and exploitation
rates.
e) Annual aerial surveys to determine the number and distribution of moose and
goats during the critical winter period as well as other seasons, their age/sex
distribution, and overwinter survival rates. Agency responsibility: ADF&G
and U.S. Bureau of Land Management.
f) Periodic surveys for beaver and other furbearers to determine abundance.
Agency responsibility: ADF&G.
g) Periodic estimates of brown bear use of the Chilkoot River Corridor. Agency
responsibility: ADF&G.
h) Periodic revision of the ADF&G anadromous fish spawning and rearing area
map contained in this plan as new information becomes available. This map
(Map 1-2) was prepared by ADF&G for the update of the Preserve plan, and it
should be updated periodically for thoroughness and accuracy since it is
important to permitting actions by DPOR. DNR will assist ADF&G in
incorporating changes to the GIS version of this map, also prepared during the
revision of the Preserve plan.
2. Specialized Studies: Fish and Wildlife, and Recreation
In addition to the periodic and regular analyses, research should be designed to
answer specific questions on the effect of motorized and non-motorized boat activity
on stream bank erosion and sedimentation, subsistence activities, and on the
appropriate level of user activity within the more heavily used parts of the
Chilkat/Klehini/Tsirku system. These include:
a) An analysis of the effects of boat wakes on stream bank erosion and associated
sedimentation in the Upper Chilkat River, including the Kelsall River delta. This
study is intended to answer the question of whether the current level of jet boat
activity in the Upper Chilkat is causing adverse effects to critical spawning and
rearing areas, and help determine if restrictions are necessary to such operations
during low water periods. To be prepared during 2002. Agency responsibility:
ADF&G, with DNR.
b) An analysis of the effects of commercial recreation operations upon subsistence
activities in the Middle and Upper Chilkat. To be prepared during 2002 or 2003.
Agency responsibility: ADF&G.
c) A re-evaluation of the effects of non-motorized commercial tours on bald eagles in
the area of the Tsirku Fan similar to that undertaken by DPOR during the 1999-
2001 period, if the level of 23,500 passengers per year is anticipated or has
occurred. Currently, there is an average of one trip every 2-4 hours, with each trip
consisting of 35 people. The present period of operation of these trips is 8 a.m. to
10:30 p.m. during the months of June through August. Agency responsibility:
DPOR.
CHAPTER 4 – IMPLEMENTATION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 4 – Page 5
d) The state should conduct a detailed analysis of the effects of boat wakes from the
operations of Large-scale Commercial Tour Operators (motorized) in the area of the
Secondary Route, especially that portion of the Chilkat River mainstem adjacent to
and south of the Kelsall Delta. This analysis should ascertain the effect of these
boat wakes upon the anadromous fish rearing and spawning habitats of this area.
To be prepared in 2003 or 2004 by DNR or ADF&G.
e) DNR should update its inventory of recreation activities in the Preserve and State
Forest prepared in 2001 for the revision of the Preserve and State Forest Plans. The
survey used to identify these patterns is included in Appendix E. It, or a similar
survey or recreational analysis, should be prepared prior to plan revision or once
every ten years, whichever comes first. The purpose of the re-survey would be to
identify the recreational use patterns and intensity levels for consistency with the
management intent statements of specific plan units. Changes to these patterns, or
the management intent statements, should be considered if significant departure
from the current management intent statements is found to exist. Since the survey
is as easily used for the State Forest, a single survey for the two major areas of state
land should be used. Agency responsibility: DNR.
SPECIFIC IMPLEMENTATION REQUIREMENTS AND RECOMMENDATIONS
This plan is unable to give management direction for all situations or issues the preserve
manager may face. As use of the preserve increases and managers must make decisions that
balance competing uses, the development of criteria to guide decision-making will become
increasingly important. It is also important to identify those programs and services that will
be necessary to ensure proper use and development of the Preserve. Certain of the following
recommendations, however, are requirements pertinent to future DNR and ADF&G
permitting and are designed to provide consistency in the way that projects are treated as well
as predictability of outcome in state permitting decisions.
1. Permitting Related to Commercial Uses
DPOR shall use the procedures and standards of the permitting system described in
Chapter 2, Recreation (Recommendation 7, items a through f); the requirements
under Chapter 3 termed Common Management Requirements and General
Management Requirements for Commercial Recreation; and any specific
management requirements identified as Management Guidelines in Chapter 3, as the
basis for the issuance of permits or other authorizations granted by the Division for
commercial uses operating within the lands and waters of the Preserve. More
specifically:
a) Small-scale Commercial Tours operating on the waters and land of the
Preserve.
These types of operations shall follow the requirements of the Recreation
section, item #7 (a through e) of Chapter 2; Common Management
CHAPTER 4 – IMPLEMENTATION
Chapter 4 – Page 6 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Requirements and General Management Requirements for Commercial
Recreation uses in Chapter 3; specific requirements for the Upper Chilkat
Management Unit, and any requirements applicable to specific structures and
uses identified in item 2, following.
b) Commercial Outfitters and Guides operating on the waters and land of the
Preserve.
These types of operations shall follow the requirements of the Recreation
section, item #7 (a through e) of Chapter 2; Common Management
Requirements and General Management Requirements for Commercial
Recreation uses in Chapter 3; and any requirements applicable to specific
structures and uses identified in item 2, following.
c) Large-scale Commercial Tours operating on the waters and land of the
Preserve.
These operations (motorized and non-motorized) shall follow the
requirements of the Recreation section, item #7 (a through f) of Chapter 2; the
Common Management Requirements and General Management Requirements
for Commercial Recreation uses in Chapter 3; the specific, applicable
requirements of each management unit; and any requirements applicable to
specific structures and uses identified in item 2, below.
d) In the administration of the permitting system, commercial entities operating
water craft that are traditional, small-scale uses1 can be authorized by DPOR
if the plan of operation is submitted and the proposed operation is consistent
with Preserve purposes. Because of the scale of operation, this management
plan has concluded that these types of operations generally do not create
noticeable impacts and issuance of permits to these types of operators is
considered appropriate, if consistent with the standards and requirements
stated above.
e) Other commercial uses operating on or structures situated within the lands and
waters of the Preserve.2
All other uses or structures, including those ancillary to a commercial
operation, shall follow the requirements of the Recreation section, item #7 (a
through e) of Chapter 2; the Common Management Requirements; and any
requirements applicable to specific structures and uses identified in item 2,
below.
1 Includes 'Small-scale Commercial Tours' and 'Commercial Outfitters and Guides'.
2 This category of commercial use includes all other forms of commercial use or activity that are not otherwise
described in the listing of commercial uses in this section.
CHAPTER 4 – IMPLEMENTATION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 4 – Page 7
2. Permitting System Related to Specific Structure Types and Uses
The resource and land management agencies responsible for permitting actions within
the Chilkat Bald Eagle Preserve shall use the Permit Matrix and Structure and Use
Permit Conditions List in Appendix D as the basis for permit decision-making. These
standards are intended to interpret the statutory responsibilities of the permitting
agencies while at the same time bringing consistency and predictability to the
permitting process. With some exceptions, these standards are not regulations or state
statute and do not carry the force of law. Individual permitting decisions will
continue to be made on a case-by-case basis, but are to be guided by the standards
contained in the Permit Matrix. The standards are mandatory, however, in instances
where Alaska Statute or Alaska Administrative Code is cited.
3. Changes to Alaska Administrative Code: Amendment to 11 AAC 21.100 –
Commercial Activities, and addition of a new regulation prohibiting personal
watercraft in most areas of the preserve.
The current language of 11 AAC 21.100 (Commercial Activities), included within the
administrative regulations for the Preserve, is inconsistent with the general sections of
state administration regulations that govern commercial activities within state parks
(11 AAC12.340(19) Definitions, and 11 AAC 18.030 Noncompetitive Park Use
Permits for Commercial Activities). DPOR will submit revisions to pertinent
sections of state administration regulations that will resolve these inconsistencies.
Note: changes to 11 AAC 21.100(b)(1-3), which deals with the basis for permit
issuance in the Preserve, are not intended.
4. Public Land Order (PLO) and Selection Priorities
There are two areas of state selected land within the Preserve: a fairly small area
within the Upper Haines Highway Management Subunit immediately west of the
Village of Klukwan, and a much larger area within the Chilkoot River/Lake
Management Unit which occupies most of the Chilkoot River drainage. The area of
land within the Chilkoot River corridor was, until recently, affected by a Public Land
Order the effect of which was to withdrew the land from other public use. However,
withdrawal of this PLO in and of itself does not ensure conveyance of this land to the
state. Proposed selections must be included in the state's annual Conveyance Priority
List (CPL) that is submitted to the Bureau of Land Management. The Chilkoot River
area is on the CPL under the 'High Priority List'. DNR should retain this selection on
the High Priority List so that this area can be conveyed as quickly as practicable. The
smaller area should also be included on the High Priority List.
5. DNR Parks – Capital Budget
The DNR capital budget may, at specific times, include capital projects designed to
implement the recommendations of the Preserve plan. It is intended that the capital
budgets only include those projects that are clearly related to and necessary for public
CHAPTER 4 – IMPLEMENTATION
Chapter 4 – Page 8 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
use. These projects are to occur within the land and waters of the Preserve. Facilities
designed to support operations related to private commercial uses shall occur on
private uplands, although portions of these projects may extend into the waters of the
Preserve if necessary, subject to concurrence by DPOR and ADF&G.
6. Federal Highway Projects – Alaska Department of Transportation and Public
Facilities
Projects designed to support visitor activities along the Haines Highway and within
the right-of-way of the Haines Highway are intended to be included within the capital
budget of the Alaska Department of Transportation and Public Facilities. Such
facilities3, if consistent with this plan and with other applicable state and federal
regulations and statutes, are wholly appropriate and are encouraged. Their inclusion
within the project budget of federally funded transportation projects is considered
appropriate and important to the management of recreation activities.
7. Maintenance of Highway Pull-outs in Winter
Pull-outs identified by DPOR as critical to visitor safety during the winter months
should be maintained on a regular basis by the Alaska Department of Transportation
and Public Facilities.
8. Cooperative Agreement with Alaska Department of Transportation and Public
Facilities
A Cooperative Agreement between ADOT/PF and DPOR exists, but needs to be
updated to better reflect current needs and resources available to each agency in
carrying out its responsibilities. The current agreement identifies the management
responsibilities of DPOR and ADOT/PF in developing and managing the road system
adjacent to the Preserve.
9. Annual Orientation Meeting
In order to ensure that commercial operators adhere to the requirements of the
Preserve Plan and the overall management objectives for the Preserve expressed in
statute, DPOR shall provide an annual orientation meeting to commercial operators
that wish to obtain an annual permit (or other authorization for operation) for
operation within the Preserve. This meeting shall occur before the upcoming
operating season. Besides acquainting commercial operators with the Preserve Plan,
this meeting shall also describe and identify sensitive fisheries and wildlife resources
3 Additional short trail systems may be appropriate for development near highway pull-outs, or eagle
observatories along the highway. Such systems should be well designed and emphasize safety as well as a
screened environment to prevent disturbances to the eagles. Signs that direct foot traffic and discourage
entrance into sensitive areas of the preserve should be developed.
CHAPTER 4 – IMPLEMENTATION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 4 – Page 9
(bald eagle nests, Trumpeter Swan nests and pairs, and active spawning and rearing
areas within streams and lakes) within the Preserve. In addition, the General and
Specific Operating Requirements contained in Appendix C shall be described and
explained. DPOR shall not issue a permit or other authorization to a commercial
operator in the Preserve unless an Annual Orientation Meeting has been attended. On
a discretionary basis, DPOR may determine that the Annual Orientation Meeting may
not be required for operators that have been in lawful operation for a period of at least
three years, but only if the fisheries and habitat information and the permitting
requirements have not significantly changed.
10. Annual Review of Preserve Plan; Report to Director, DPOR
The agencies with primary responsibility for the management of Preserve resources
should meet annually to discuss whether the projects approved in the proceeding year
and the activities occurring during this period have created impacts that need to be
addressed. Agencies participating in this review would include DPOR and ADF&G.
In order to assure compatible management, other entities within DNR (Division of
Forestry; Division of Mining, Land and Water) and Federal agencies (U. S. Fish and
Wildlife Service) should participate. The focus of this review would be to determine
if changes to the management recommendations to the Preserve Plan need to be made
and/or if additional research needs to occur to assess the impact of activities occurring
within the Preserve.
The results of this review shall be provided to the Bald Eagle Advisory Council for
their review and recommendation. The findings and conclusions of this review shall
be forwarded to the Director, DPOR.
11. Adoption of Preserve Plan by ADF&G and U.S. Fish and Wildlife Service
The Preserve was established as a result of cooperative efforts of many people and
organizations. To successfully manage the Preserve, the Division of Parks and
Outdoor Recreation will have to continue this cooperative spirit and work with many
other agencies, private individuals and organizations which have an interest in, or
responsibility for the resources of the Preserve. To ensure successful implementation
of the Preserve Plan there needs to a careful understanding of its recommendations
and a clear commitment to its implementation. DNR, in other plans that entail
cooperation with another state agency or a federal agency, has requested that these
agencies adopt the plan in order to form a consistent management approach.
Adoption of the Preserve Plan for these purposes is considered appropriate.
• Adoption of a Preserve Plan and Memorandum of Agreement. The ADF&G,
DNR, and U.S. Fish and Wildlife Service should adopt this plan in order to
provide a consistent basis for Preserve management and to coordinate the various
studies of these agencies. Approval by the DNR Commissioner adopts the plan
within the DNR and ensures consistency between the Preserve Plan, State Forest
Plan, and the Northern Southeast Area Plan. Adoption of the Preserve Plan by
CHAPTER 4 – IMPLEMENTATION
Chapter 4 – Page 10 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
these agencies should help ensure coordinated management and consistent
permitting decisions.
12. Annual Review of Commercial Use Applications by Advisory Council
DPOR will notify the Council of commercial use applications for the forthcoming
summer operating season by April 1st of that year and that DPOR may require
applicants to submit such applications prior to that date. The purpose of this
requirement is to allow the opportunity for the council to provide an advisory
comment on upcoming, prospective commercial use applications prior to DNR's
decision on these applications.
PLAN REVISION AND AMENDMENT PROCEDURES
The land use designations, the policies, and the management guidelines of this plan may be
changed if conditions warrant. The plan will be updated periodically as new data and new
technologies become available and as changing social and economic conditions place
different demands on Preserve lands and waters. The Department of Natural Resources will
require interagency and Advisory Council review of proposed, significant modifications of
the Preserve Plan. There are four levels of plan revision or amendment. The correct
procedure to use depends on the extent to which the management direction of the Preserve
Plan is changed.
1. Plan Revision. The Preserve Plan should be re-evaluated if the Annual Agency
Review determines that the management direction provided by the Plan is no longer
appropriate or is not functioning adequately. It should also be re-evaluated once
every five years from the date of adoption, for essentially the same reasons: to make
sure the Plan is functioning properly and that the Preserve is being administered
consistent with the Preserve Plan. This re-evaluation should be coordinated by
DPOR, but also involve other agencies, including ADF&G and other DNR units
(Division of Forestry and the Division of Mining, Land, and Water). The Bald Eagle
Advisory Council shall participate in this re-evaluation, consistent with
AS 41.21.620. If it is determined that the plan requires Revision, this
recommendation shall be forwarded to the Director, DPOR. Alternatively, the state
administration through DNR, may initiate the revision of the Preserve Plan. The Bald
Eagle Advisory Council shall also participate in the plan revision under this approach,
consistent with AS 41.21.620. The plan revision will include meetings with all
interested groups and the general public. Meetings will be held in the Village of
Klukwan and the community of Haines, and other areas of the state if appropriate.
Public notice will precede each of these meetings.
2. Plan Amendment. The plan may be amended, but all such amendments require DNR
Commissioner approval. An amendment adds to or modifies the basic intent of the
plan. Changes to the planned uses, policies, or guidelines constitute amendments.
Amendments require public notice and public hearings. Agencies, municipalities, or
members of the public may propose amendments. Requests for amendments are
CHAPTER 4 – IMPLEMENTATION
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Chapter 4 – Page 11
submitted to the Juneau Office of the Division of Parks and Outdoor Recreation,
Alaska Department of Natural Resources. The Bald Eagle Advisory Council shall
review any proposed amendments to the Preserve Plan.
3. Minor Change. A minor change is one, which does not modify or add to the basic
intent of the plan; the Director, DPOR, approves these. Minor changes may be
necessary for clarification, consistency, or to facilitate implementation of the plan.
Minor changes do not require public review. Agencies, municipalities, or members
of the public may propose minor changes. Requests for minor changes are submitted
to the Juneau Office of the Division of Parks and Outdoor Recreation, DNR. The
Bald Eagle Advisory Council shall review any proposed minor changes to the
Preserve Plan.
4. Special Exceptions. Exceptions to the provisions of the plan may be made without
modification of the plan. Special exceptions shall occur only when complying with
the Plan is excessively difficult or impractical and an alternative procedure can be
implemented which adheres to the purposes and intent of the Plan. DPOR may make
a special exception in the implementation of the Plan through the following process:
• The Regional Manager of the Division of Parks and Outdoor Recreation shall
prepare a finding which specifies the following: the extenuating conditions
which require a special exception, the alternative course of action to be
followed, and how the intent of the plan will be met by the alternative.
• The Advisory Council will be given an opportunity to review the findings. In
the event of disagreement with the Regional Manager's decision. The
decision may be appealed to the Director of the Division of Parks and Outdoor
Recreation, and the Director's decision may be appealed to the Commissioner.
If warranted by the degree of controversy, the Commissioner will hold a
public hearing before making the decision.
APPENDICES – TABLE OF CONTENTS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002
APPENDICES
APPENDIX A – GOVERNING ALASKA STATUTES
AS Title 41.21 Article 6. Alaska Chilkat Bald Eagle Preserve
AS Title 41.21 Article 1(Portion). Concession Contracts in the State Park System
AAC Chapter 21. Alaska Chilkat Balde Eagle Preserve
APPENDIX B - GLOSSARY.................................................................................B-1 THRU B-7
APPENDIX C - PRESERVE PERMITTING REQUIREMENTS....................................C-1
COMMERCIAL OPERATIONS ON STATE LANDS AND WATERS................................C-1
SPECIFIC OPERATING STANDARDS..................................................................................C-5
Upper Chilkat Management Unit................................................................................................C-5
Tsirku Management Unit.............................................................................................................C-8
Bald Eagle Council Grounds Management Unit........................................................................C-8
Haines Highway and Adjacent Lands Management Unit..........................................................C-9
Chilkoot River/Chilkoot Lake Management Unit.......................................................................C-9
APPENDIX D – PERMITTING PROCEDURES................................................................D-1
Permit Matrix...............................................................................................................................D-2
Definitions of terms used within the Permit Matrix....................................................................D-4
Structure and Use Permit Conditions.........................................................................................D-6
APPENDIX E - COMMUNITY RECREATION SURVEY..............................E-1 THRU E-4
APPENDIX A – GOVERNING STATUTES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002
APPENDIX A – GOVERNING STATUTES
& REGULATIONS
APPENDIX A – AS 41.21.610 – 41.21.630
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002
Alaska Statutes
Article 6. Alaska Chilkat Bald Eagle Preserve
41.21.610 – 41.21.630
§ 41.21.610 Public Resources 142
Article 6. Alaska Chilkat Bald Eagle Preserve.
Section
610. Purpose of AS 41.21.610 – 41.21.630
611. Alaska Chilkat Bald Eagle Preserve established
612. Land excluded
613. Eminent domain prohibited
614. Native allotments
615. Fish and game management
616. Regulations
617. Other Uses generally
Section
618. Traditional uses
619. Access and rights-of-way
620. Management plan
621. Additions or deletions to preserve
622. Historical, cultural and burial sites
625. Alaska Chilkat Bald Eagle Preserve Advisory
Council
630. Existing rights
Sec. 41.21.610. Purpose of AS 41.21.610 - 41.21.630. (a) The purpose of AS
41.21.610 - 41.21.630 is to establish the state-owned land and water described in AS
41.21.611 (b) as the Alaska Chilkat Bald Eagle Preserve as part of the state park system.
The primary purpose for establishing the Alaska Chilkat Bald Eagle Preserve is to protect
and perpetuate the Chilkat bald eagles and their essential habitats within the Alaska
Chilkat Bald Eagle Preserve in recognition of their statewide, nationally, and
internationally significant values in perpetuity.
(b) The Alaska Chilkat Bald Eagle Preserve is also established to
(1) protect and sustain the natural salmon spawning and rearing areas of the Chilkat
River and Chilkoot River systems within the preserve in perpetuity;
(2) provide continued opportunities for research, study and enjoyment of bald eagles
and other wildlife;
(3) ensure to the maximum extent practicable water quality and necessary water
quantity under applicable laws;
(4) provide for other public uses consistent with the primary purpose for which the
Alaska Chilkat Bald Eagle Preserve is established; and
(5) provide an opportunity for the continued traditional and natural resource based
lifestyle of the people living in the general areas described in AS 41.21.611 (b),
consistent with the other purposes of this subsection and (a) of this section.
(c) It is the intent of the legislature in enacting AS 41.21.610 - 41.21.630 to provide
sufficient protection for the purposes for which the Alaska Chilkat Bald Eagle Preserve is
established. Accordingly, the establishment of the Alaska Chilkat Bald Eagle Preserve
and the Haines State Forest Resource Management Area under AS 41.15.305 is
determined to represent a proper balance between the reservation of state public domain
land and water for bald eagle preserve purposes and state public domain land and water
more appropriate for multiple use. Therefore, the legislature determines that there is no
need for legislation expanding or contracting the boundary of the Alaska Chilkat Bald
Eagle Preserve in the future; the legislature further determines that study by a state
agency of the expansion or contracting of the boundary of the preserve shall be conducted
under AS 41.21.621.
(d) Inasmuch as the area described in AS 41.21.611 (b) exceeds 640 acres, AS
41.21.610 - 41.21.630 are intended to close the area to multiple use in conformity with
AS 38.05.300 and the land is dedicated as a special purpose site under art. VIII, Sec. 7 of
the state constitution. (§ 1 ch 95 SLA 1982)
Revisor’s notes. – Formerly AS 41.20.506.
Renumbered in 1983.
Sec. 41.21.611. Alaska Chilkat Bald Eagle Preserve established. (a) Subject to
valid existing rights, the land and water presently owned by the state and all land and
143 Parks and Recreational Facilities § 41.21.630
water acquired in the future by the state lying within the boundaries described in (b) of
this section are designated the Alaska Chilkat Bald Eagle Preserve and assigned to the
department for control, development, and maintenance.
(b) Except for University of Alaska grant land, the land and water owned by the state
and all land and water acquired by the state in the future lying within the following
described parcels are designated as the Alaska Chilkat Bald Eagle Preserve:
(1) Township 26 South, Range 55 East, Copper River Meridian
Section 12: that portion within USS 3708
Section 13: that portion within USS 3708
Section 23: SE¼NE¼, NE¼SE¼, E½NW¼SE¼, S½SE¼
Sections 24 and 25
Section 26: E½
Section 33: SE¼SE¼SE¼
Section 34: E½NE¼, E½SW¼NE¼, SE¼NE¼SW¼, E½SW¼SW¼,
SW¼SW¼SW¼, SE¼SW¼, SE¼
Section 35
Section 36: NE¼NW¼NE¼, W½W½NE¼, NW¼, N½SW¼, N½SW¼SW¼,
SW¼SW¼SW¼, NW¼SE¼SW¼, NW¼SE¼;
(2) Township 26 South, Range 56 East, Copper River Meridian
Section 7: SW¼NE¼, that portion of the S½NW¼ within USS 3708, S½
Section 8: SE¼SW¼NW¼, SE¼NW¼, SW¼, that portion of the S½NE¼ within
USS 3708
Section 17: W½NW¼
Section 18
Section 19: W½, SW¼SE¼
Section 30: NE¼NW¼NE¼, W½NW¼NE¼, NW¼, W½SW¼;
(3) Township 27 South, Range 55 East, Copper River Meridian
Section 2: NW¼, W½NE¼SW¼, NW¼SW¼, N½SW¼SW¼, SW¼SW¼SW¼,
NW¼SE¼SW¼, except USS 3744
Section 3
Section 4: NE¼NE¼NE¼, S½NE¼NE¼, E½SW¼NE¼, SE¼NE¼, E½SE¼SW¼,
SE¼
Section 8: SE¼SE¼SW¼, S½S½SE¼, N½SE¼SE¼
Section 9: E½, E½NW¼, N½NE¼SW¼, SE¼NE¼SW¼, NW¼SW¼SW¼,
S½S½SW¼
Section 10: W½W½NE¼, W½
Section 15: NW¼NW¼NE¼, S½NW¼NE¼, SW¼NE¼, W½, W½SE¼
Section 16: E½, NW¼, N½SW¼, NW¼SE¼SW¼, E½SE¼SW¼
Section 17: N½NE¼, NE¼SW¼NE¼, SE¼NE¼, E½NE¼NW¼, N½NE¼SE¼,
SE¼NE¼SE¼
Section 21: E½, E½E½NW¼, SW¼SE¼NW¼, E½SW¼, SE¼SW¼SW¼
Section 22: SW¼NE¼NE¼, W½E½, W½SE¼NE¼, W½, W½E½SE¼
Section 26: NW¼NW¼NW¼, S½NW¼NW¼, SW¼NW¼, W½E½SW¼,
W½SW¼
Section 27
Section 28: E½, E½W½, E½W½W½
Section 33: N½NE¼, E½SW¼NE¼, NW¼SW¼NE¼, SE¼NE¼, E½NE¼NW¼,
NE¼SE¼, E½NW¼SE¼, N½SE¼SE¼, SE¼SE¼SE¼
Section 34
Section 35: NW¼NW¼NE¼, S½NW¼NE¼, SW¼NE¼, NW¼SE¼NE¼,
S½SE¼NE¼, W½, SE¼
Section 36: W½SW¼SW¼;
(4) Township 28 South, Range 55 East, Copper River Meridian
Section 1: S½SW¼NW¼, SW¼
§ 41.21.620 Public Resources 144
Section 2
Section 3: NE¼, N½NW¼, N½SW¼NW¼, SE¼NW¼, NE¼NE¼SW¼, N½SE¼,
SE¼SE¼
Section 4: E½NE¼NE¼
Section 10: that portion of Mosquito Lake within the NE¼
Section 11: N½, N½SE¼, NE¼SW¼SE¼, SE¼SE¼, except USS 3431
Section 12
Section 13: E½, NE¼NW¼, E½NW¼NW¼, NW¼NW¼NW¼, NW¼SE¼NW¼,
E½SE¼NW¼
Section 19: Lot 13
Section 24: E½E½, NE¼NW¼NE¼
Section 25: except that portion north of the Haines Highway
Section 26: that portion south of the Haines Highway except Lots 2, 3, and the
W¼SW¼
Section 27: that portion south of the Haines Highway except S½S½
Section 28: except S½S½, the south 660 feet of Lots 5 - 7, and that portion north of
the Haines Highway
Section 29: except S½S½S½, NE¼SE¼SE¼, and Lots 9, 14, 15, and 18
Section 30: E½NE¼, N½NE¼SE¼
Section 33: SE¼SE¼SE¼
Section 34: S½S½S½
Section 35: except NW¼NE¼, S½NE¼, NW¼, S½
Section 36: except SW¼NW¼, S½, and the south 660 feet of Lots 3 - 4;
(5) Township 28 South, Range 56 East, Copper River Meridian
Section 7: SW¼NW¼NW¼, SW¼NW¼, SW¼SE¼NW¼, W½NE¼SW¼,
SE¼NE¼SW¼, NW¼SW¼, S½SW¼, SW¼SW¼SE¼
Section 17: W½SW¼SW¼, SE¼SW¼SW¼
Section 18: W½W½NE¼, E½SW¼NE¼, SW¼SE¼NE¼, W½, SE¼
Section 19
Section 20: W½W½
Section 29: except USS 948, USS 991, Lots 1, 2, and 4 - 7, NE¼, E½NW¼
Section 30: except Lots 1, 4, 5, 8, 15-17, and the NE¼SW¼
Section 31
Section 32: except USS 991, USS 2455, and Lots 1, 2, and 24
Section 33: S½ except USS 2455 and Lots 18 - 21
Section 34: W½SW¼SE¼, SE¼SW¼SE¼, SW¼ except NE¼SW¼ and Lots 1 and
2;
(6) Township 28 South, Range 57 East, Copper River Meridian
Section 22: NE¼SW¼, E½SE¼SW¼, W½NW¼SE¼, SW¼SE¼, NW¼SE¼SE¼,
S½SE¼SE¼
Section 26: W½SW¼NW¼, W½W½SW¼
Section 27: E½E½, N½NW¼NE¼, SE¼NW¼NE¼
Section 34: NE¼NE¼, NE¼SE¼NE¼
Section 35: SW¼SW¼N¼, NW¼NW¼NW¼, S½NW¼NW¼, S½NW¼, E½SW¼,
NW¼NW¼SE¼, S½NW¼SE¼, S½SE¼, SW¼NE¼SE¼;
(7) Township 29 South, Range 55 East, Copper River Meridian
Section 1: S½NE¼NE¼, E½SW¼NE¼, N½SE¼NE¼, SW¼SE¼NE¼,
NW¼NE¼SE¼, NE¼NW¼SE¼;
(8) Township 29 South, Range 56 East, Copper River Meridian
Section 1
Section 2: N½NE¼, E½SE¼NE¼, NE¼NW¼, E½NE¼SE¼, NE¼SE¼SE¼
Section 4: W½NW¼, W½SE¼NW¼, SE¼SE¼NW¼, SW¼, W½NW¼SE¼,
SE¼NW¼SE¼, SW¼SE¼, W½SE¼SE¼, SE¼SE¼SE¼
145 Parks and Recreational Facilities § 41.21.630
Section 5: E½, N½NW¼, SE¼NE¼SW¼, E½SE¼SW¼
Section 6: N½N½NE¼, NE¼NW¼, S½NW¼NW¼, N½SW¼NW¼,
NW¼SE¼NW¼
Section 8: except SW¼SW¼ and S½SE¼SW¼
Section 9
Section 10: S½S½NE¼, SW¼NE¼NW¼, NW¼NW¼, S½NW¼, S½
Section 11: S½NE¼, S½S½NW¼, NE¼SW¼NW¼, N½SE¼NW¼, S½
Sections 12 - 14
Section 15: N½, N½N½SW¼, E½SE¼, NW¼SE¼, E½SW¼SE¼
Section 16: E½NE¼, E½W½NE¼, W½NW¼NE¼, NW¼SW¼NE¼, N½N½NW¼,
SE¼NE¼NW¼, NE¼SE¼NW¼
Section 17: N½NE¼NE¼
Section 22: N½NE¼NE¼, NE¼NW¼NE¼
Section 23: that portion of the N½NW¼ lying west of Chilkat Lake;
(9) Township 29 South, Range 57 East, Copper River Meridian
Section 4: NW¼NW¼SW¼, S½NW¼SW¼, SW¼SW¼, NW¼SE¼SW¼,
S½SE¼SW¼
Section 5: except Lots 2 - 4, N½NE¼, NE¼SE¼NE¼
Section 6: except Lots 1 and 9
Sections 7 and 8
USS 907
Section 9: W½W½NE¼, SE¼SW¼NE¼, SW¼SE¼NE¼, NW¼, S½
Section 10: Lots 1 - 4, W½NE¼SW¼, NW¼SE¼SW¼, E½SW¼SE¼SW¼
Section 14: that portion west of the Haines Highway
Section 15: except NE¼NE¼ and Lots 7 - 10, 13 - 14
Sections 16 - 18
USS 786
Section 19: NE¼NE¼NE¼
Section 20: NE¼, E½NW¼, NW¼NW¼, E½SW¼NW¼, NE¼SE¼,
N½NW¼SE¼, SE¼NW¼SE¼, NE¼SE¼SE¼
Sections 21 and 22
Section 23: that portion west of the Haines Highway
Section 25: that portion west of the Haines Highway
Section 26: that portion west of the Haines Highway
Section 27
Section 28: NE¼, NE¼NW¼, N½NW¼NW¼, N½SE¼NW¼, NE¼SE¼,
N½NW¼SE¼, SE¼NW¼SE¼, NE¼SE¼SE¼
Section 34: NE¼, NE¼NW¼, NE¼SE¼NW¼, NE¼SE¼, NE¼NW¼SE¼,
E½SE¼SE¼
Section 35
Section 36: that portion west of the Haines Highway;
(10) Township 29 South, Range 58 East, Copper River Meridian
Section 3: S½SW¼NW¼, SW¼NE¼SW¼, W½SW¼, SE¼SW¼, S½SW¼SE¼
Section 4: SW¼NE¼NE¼, W½NE¼, SE¼NE¼, NW¼, NE¼SW¼, SE¼
Section 9: NE¼NE¼
Section 10: N½, E½SW¼, E½W½SW¼, NW¼NW¼SW¼, SE¼
Section 31: that portion south of the Haines Highway;
(11) Township 30 South, Range 57 East, Copper River Meridian
Section 1
Section 2: NE¼, NE¼NW¼, N½NW¼NW¼, SE¼NW¼NW¼, N½SE¼NW¼,
SE¼SE¼NW¼, N½SE¼, N½SE¼SE¼
Section 3: NE¼NE¼NE¼
Section 12: NE¼, NE¼NW¼, NE¼NW¼NW¼, NE¼SE¼NW¼, W½NE¼SE¼,
NE¼NW¼SE¼, E½E½SE¼, NW¼SE¼SE¼;
§ 41.21.620 Public Resources 146
(12) Township 30 South, Range 58 East, Copper River Meridian
Section 6: that portion west of the Haines Highway
Section 7: that portion west of the Haines Highway
Section 8: that portion west of the Haines Highway
Section 16: that portion west of the Haines Highway
Section 17: that portion west of the Haines Highway
Section 18: Lots 1 - 3 and 5, SW¼NE¼, N½SE¼NW¼, SE¼SE¼NW¼, SE¼.
(§ 1 ch 95 SLA 1982; am §§ 55 – 62 ch 37 SLA 1986)
Revisor’s notes. – Formerly AS 41.20.507(a) and
(k). Renumbered in 1983.
Cross references. -- For provisions relating to
certain transfers of land affecting the Alaska Chilkat
Bald Eagle Preserve, see ch. 14, SLA 2000 in the 2000
Temporary and Special Acts.
Effect of amendments. -- The 1986 amendment in
subsection (b) in paragraph (1) added “: that portion
within USS 3708” concerning section 13; in paragraph
(2) inserted “that portion of the” and “within USS
3708” concerning section 7; in paragraph (4) added
“within the NE ¼” concerning section 10, deleted
“Section 15: that portion of Mosquito Lake,” rewrote
the descriptions concerning sections 25, 26, 27, 30, 33,
and 35, and made minor punctuation changes; in
paragraph (5) rewrote the descriptions concerning
sections 29 and 34 and made minor punctuation
changes; in paragraph (8) rewrote part of the
description concerning section 6 and made a minor
punctuation change; in paragraph (9) rewrote the
description concerning section 5, added the
description concerning section 6, substituted “Sections
7 and 8” for paragraph (10) added the description
concerning section 31; and in paragraph (11) deleted
the description of section 13.
Sec. 41.21.612. Land excluded. (a) Private land, approved or pending Native
allotments, pending and approved land selections made by the Haines Borough under
state law on July 1, 1982, University of Alaska grant land not located within the Chilkat
River Critical Habitat Area established by AS 16.20.585 , and existing transportation and
utility corridors located partially or completely within the Alaska Chilkat Bald Eagle
Preserve are excluded from the Alaska Chilkat Bald Eagle Preserve.
(b) University of Alaska grant land located within the boundary of the Chilkat River
Critical Habitat Area established under AS 16.20.585 is excluded from the Alaska
Chilkat Bald Eagle Preserve. (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Subsection (a) was formerly
the first sentence of AS 41.20.507(b). Subsection (b)
was formerly AS 41.20.507(n). Reorganized and
renumbered in 1983.
Sec. 41.21.613. Eminent domain prohibited. The commissioner may not acquire
private land or University of Alaska grant land located partially or completely within the
Alaska Chilkat Bald Eagle Preserve by eminent domain for any purpose. (§ 1 ch 95 SLA
1982)
Revisor’s notes. -- Formerly the last sentence of
AS 41.20.507(b). Reorganized and renumbered in
1983.
Sec. 41.21.614. Native allotments. Approved or pending Native allotments located
partially or completely within the Alaska Chilkat Bald Eagle Preserve are not adversely
affected by the establishment of the Alaska Chilkat Bald Eagle Preserve and all approved
allotments and all pending allotments located partially or completely within the preserve
shall be treated as private land. (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.507(c).
Renumbered in 1983.
Sec. 41.21.615. Fish and game management. The Department of Fish and Game is
responsible for the management of fish and game resources in the Alaska Chilkat Bald
Eagle Preserve
(1) under applicable law and consistent with the purposes of AS 41.21.610 - 41.21.630;
147 Parks and Recreational Facilities § 41.21.630
(2) subject to the authority of the Secretary of the Interior to permit the taking of bald
eagles for the religious purposes of an Indian tribe under 16 U.S.C. 668a (Sec. 2, Bald
Eagle Protection Act). (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.507(d).
Renumbered in 1983.
Sec. 41.21.616. Regulations. The department shall consult with the Department of
Fish and Game, the United States Fish and Wildlife Service, a local governing body of a
municipality, any local fish and game advisory committees, and the Alaska Chilkat Bald
Eagle Preserve Advisory Council established by AS 41.21.625 before adoption of
reasonable regulations governing public use and protection of the Alaska Chilkat Bald
Eagle Preserve. The Department of Fish and Game shall consult with the department and
the Alaska Chilkat Bald Eagle Preserve Advisory Council in proposing regulations
governing fish and game management in the Alaska Chilkat Bald Eagle Preserve for
adoption by the Board of Fisheries or the Board of Game. The Department of Fish and
Game and the department shall cooperate with the United States Fish and Wildlife
Service in its administration of federal law governing the conservation of bald eagles. (§
1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.507(e).
Renumbered in 1983.
Sec. 41.21.617. Other uses generally. The state land and water described in AS
41.21.611 (b) is closed to mineral entry under AS 38.05.135 - 38.05.275, to commercial
harvest of timber, and to sale under state land disposal laws. The commissioner may lease
the land described in AS 41.21.611 (b) under AS 38.05.070 - 38.05.105 for a purpose
consistent with AS 41.21.610 (a) and (b). A municipality may select land within the
Alaska Chilkat Bald Eagle Preserve under law. (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.507(f).
Renumbered in 1983.
Sec. 41.21.618. Traditional uses. Continued opportunities for traditional uses of the
Alaska Chilkat Bald Eagle Preserve at levels and by methods and means that are
compatible with the protection of the bald eagle population are guaranteed. These
historically compatible uses include but are not limited to hunting, trapping, fishing,
berry picking, other subsistence and recreational uses, operation of motorized vehicles,
and the harvesting of personal-use firewood. The level and method or means of
traditional use may continue subject to reasonable regulation unless the director of the
division of parks of the department, after consultation with the Alaska Chilkat Bald Eagle
Preserve Advisory Council, makes a finding that the level or method and means of use is
causing significant resource damage that is inconsistent with AS 41.21.610 (a) and (b).
The director of the division of parks shall hold a public hearing in Haines and Klukwan
before restricting a traditional use permitted under this section. (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.507(g).
Renumbered in 1983.
Sec. 41.21.619. Access and rights-of-way. If privately owned land, University of
Alaska grant land, a valid mining right, an existing mineral lease, a subsurface right on
private land, or other valid occupancy is surrounded by state land of the Alaska Chilkat
Bald Eagle Preserve or if privately owned land, University of Alaska grant land, federal
land, municipal land, or state land not described in AS 41.21.611(b), a valid mining claim,
subsurface right, or other valid occupancy on land not described in AS 41.21.611(b) does
§ 41.21.620 Public Resources 148
not have reasonable, timely, and economically feasible access and egress by means other
than crossing land designated as Alaska Chilkat Bald Eagle Preserve land in AS
41.21.611 (b), the director of the division of parks shall grant a private landowner, the
University of Alaska, a holder of a valid existing right to land, or a state agency,
municipality, or federal agency the rights necessary to assure reasonable, timely, and
economically feasible access and egress. A permittee or licensee of an owner of land or
the holder of a valid existing right to land may use access and egress granted under this
subsection. The rights of access and egress granted under this subsection are subject to
reasonable regulation and stipulations established by the director of the division of parks
after consulting with the Alaska Chilkat Bald Eagle Preserve Advisory Council to protect
the purposes and values of the Alaska Chilkat Bald Eagle Preserve and to minimize
adverse environmental impacts in the preserve. As used in this subsection, "valid existing
right" includes but is not limited to a valid mining right, an existing mineral right, and a
subsurface right. The director of the division of parks shall give favorable consideration
to applications for utility rights-of-way that are compatible with AS 41.21.610 (a) and
(b). (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.507(h).
Renumbered in 1983.
Sec. 41.21.620. Management plan. (a) The director of the division of parks and the
Alaska Chilkat Bald Eagle Advisory Council established under AS 41.21.625 , in written
consultation with the United States Fish and Wildlife Service, the Department of Fish and
Game, the Chilkat Indian Village, the Chilkoot Indian Association, and other appropriate
groups, may use information gained through cooperative resource studies in the
development of the management plan for the Alaska Chilkat Bald Eagle Preserve and in
decisions affecting the management and administration of the preserve. The director of
the division of parks and the advisory council shall investigate the need for additional
research to increase the knowledge and understanding of the natural and cultural
resources of the area and to enhance the effective management of the Alaska Chilkat Bald
Eagle Preserve.
(b) The director of the division of parks and the director of the division of forestry shall
consult in the preparation of the management plan prepared under (a) of this section to
promote effective, efficient, and coordinated administration of the Haines State Forest
Resource Management Area and the Alaska Chilkat Bald Eagle Preserve for the purposes
and values for which each is established. (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly As 41.20.507(i) and
(m). Renumbered in 1983.
Sec. 41.21.621. Additions or deletions to preserve. An agency of the state may not
participate or cooperate with a federal or private study considering additions to or
deletions from the area of the Alaska Chilkat Bald Eagle Preserve without giving 90 days'
prior notice to the Alaska Chilkat Bald Eagle Preserve Advisory Council. The director of
the division of parks may waive the notice required by this subsection on the director's
determination in writing to the advisory council that an emergency necessitates
immediate study or a shorter period of notice to the advisory council. (§ 1 ch 95 SLA
1982)
Revisor’s notes. -- Formerly AS 41.20.507(j).
Renumbered in 1983.
Sec. 41.21.622. Historical, cultural and burial sites. Historical, cultural, and
burial sites identified in the Alaska Chilkat Bald Eagle Preserve management plan are
not available for surface disposal under AS 41.21.617 and shall be managed by the
149 Parks and Recreational Facilities § 41.21.630
director of the division of parks to prevent vandalism, destruction, and desecration. (§ 1
ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.507(l).
Renumbered in 1983.
Sec. 41.21.625. Alaska Chilkat Bald Eagle Preserve Advisory Council. (a) A 12-
member Alaska Chilkat Bald Eagle Preserve Advisory Council is established. The
members of the advisory council shall be selected under this section.
(b) The governor shall appoint individuals to the Alaska Chilkat Bald Eagle Preserve
Advisory Council representing the following interests for a two-year term:
(1) a resident of the Haines Borough representing a conservation organization;
(2) a representative of the United States Fish and Wildlife Service; and
(3) a member of the Upper Lynn Canal fish and game advisory committee.
(c) The mayor of the City of Haines, the mayor of the Haines Borough, the president of
Klukwan, Inc., the chairman of the Council of the Chilkat Indian Village, and the
chairman of the Chilkoot Indian Association are ex officio members of the Alaska
Chilkat Bald Eagle Preserve Advisory Council. The mayor of the Haines Borough may
recommend to the governor for appointment to the advisory council the name of a
resident of the Haines Borough for the representation of commercial or industrial
interests.
(d) The commissioner of fish and game, the director of the division of parks, and the
director of the division of forestry, or their designees, serve ex officio as members of the
Alaska Chilkat Bald Eagle Preserve Advisory Council.
(e) The Alaska Chilkat Bald Eagle Preserve Advisory Council shall assist the
department in the development and monitoring of a management plan for the Alaska
Chilkat Bald Eagle Preserve. The management plan shall be presented at public hearings
in Haines and Klukwan before approval and implementation by the department.
(f) Members of the Alaska Chilkat Bald Eagle Preserve Advisory Council selected
under (b) - (d) of this section may select alternates to act as members of the advisory
council in their absence. (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly As 41.20.515.
Renumbered in 1983.
Sec. 41.21.630. Existing rights. The establishment of the Alaska Chilkat Bald Eagle
Preserve under AS 41.21.610 - 41.21.630 does not enlarge, diminish, add to, or waive a
requirement of law otherwise applicable to the management or use of the state land of the
Haines State Forest Resource Management Area (AS 41.15.300 - 41.15.330) or private
land. An activity allowed under law on land not described in AS 41.21.611 (b), including
but not limited to an activity described in AS 41.21.618 , timber harvest, mining, resource
development, and recreation, is permitted so long as the activity is conducted in
compliance with law. (§ 1 ch 95 SLA 1982)
Revisor’s notes. -- Formerly AS 41.20.525.
Renumbered in 1983.
APPENDIX A – AS 41.21.027(G)
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002
Alaska Statutes
Article 6. Alaska Chilkat Bald Eagle Preserve
Portion of Article 1
41.21.027(g)
APPENDIX A – AS 41.21.027(G)
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002
Sec. 41.21.027. Concession contracts in the state park system. ….
….
"Sec. 41.21.027(g) With the exception of guided tours and noncompetitive commercial use
permits, concessions or commercial activities are not permitted within the Alaska Chilkat
Bald Eagle Preserve. (§ 1 ch 89 SLA 1987)"
APPENDIX A – AAC 21.010 –21.290
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002
Alaska Administrative Code
Chapter 21. Alaska Chilkat Bald Eagle Preserve
11 AAC 21.010 – 21.290
11 AAC 21.010 NATURAL RESOURCES 11 AAC 21.015
Chilkat Bald Eagle Preserve September 2002 AAC Chapter 21 – Page 1
CHAPTER 21. ALASKA CHILKAT BALD EAGLE
PRESERVE.
Article
1. Eagle Preserve Land and Water Restrictions. (11 AAC 21.010 - 11 AAC 21.060)
2. Preserve Activities; Management. (11 AAC 21.100 - 11 AAC 21.120)
3. General Provisions. (11 AAC 21.290 - 11 AAC 21.290)
ARTICLE 1. EAGLE PRESERVE LAND AND WATER
RESTRICTIONS.
Section
10. Refuse and waste
15. Use of weapons
20. Motorized vehicles
25. Disturbance of natural objects
30. Cultural, archaeological, and historical
material
35. Vandalism
Section
40. Construction of structures
45. Construction of signs
50. Explosives
51. Fireworks
55. Public use cabins
60. Use of personal watercraft
Editor's note: Department of Fish and
Game regulations in 5 AAC 95.400 – 5
AAC 95.440 also govern certain activities
in the Chilkat River Critical Habitat Area
of the preserve and require a permit for
certain activities in that area.
11 AAC 21.010. REFUSE AND WASTE. (a) No person may bring
waste or refuse from household, commercial, industrial, or construction
activities into the preserve for disposal.
(b) No person may place waste or refuse in preserve water, or on land
or water capable of contaminating preserve water.
(c) Unless it is deposited in a public waste receptacle, waste or refuse
generated in the course of activities in the preserve must be removed
from the preserve by those who generated the waste or refuse.
(d) This section does not apply to animal waste normally discarded
by hunters, trappers, or fishermen in the course of legal hunting,
trapping, or fishing, except that such waste may not be left within 100
feet of a trail, road, or developed facility. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
11 AAC 21.015. USE OF WEAPONS. (a) The use and discharge of
weapons for the purpose of lawful hunting or trapping is allowed in the
preserve, except within one-half mile of a developed facility.
(b) Target shooting is allowed only in areas posted by the division for
target shooting. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.610
AS 41.21.616 AS 41.21.618
11 AAC 21.020 ALASKA ADMINISTRATIVE CODE 11 AAC 21.040
AAC Chapter 21 – Page 2 September 2002 Chilkat Bald Eagle Preserve
11 AAC 21.020. MOTORIZED VEHICLES. Authorization under
11 AAC 21.120 is not required for the use of motorized vehicles in the
preserve, except that the landing of aircraft within the Critical Habitat
Area is prohibited unless authorized by the director under 11 AAC
21.120. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.610
AS 41.21.616 AS 41.21.618
11 AAC 21.025. DISTURBANCE OF NATURAL OBJECTS.
(a) No person may damage or deface natural objects, including trees,
plants, and moss, nor remove rocks, gravel, or minerals, except as
authorized under (b) — (d) of this section or by the director under
11 AAC 21.120.
(b) Authorization under 11 AAC 21.120 is not required for a person to
gather bark, edible plants, or roots for personal use.
(c) Dead or down wood may be gathered for personal use in
designated areas. Haines District Ranger office will provide information
on designated areas.
(d) A person may disturb natural objects in a manner that is
reasonable and customary for setting traps while lawfully trapping. (Eff.
2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.610
AS 41.21.616 AS 41.21.618
11 AAC 21.030. CULTURAL, ARCHAEOLOGICAL, AND HIS-
TORICAL MATERIAL. No person may disturb, damage, deface, or
remove cultural, archaeological, or historical material from the preserve,
except as authorized by the director under 11 AAC 21.120. (Eff. 2/3/88,
Register 105)
Authority: AS 41.21.020
AS 41.21.610
AS 41.21.616
AS 41.35.050
AS 41.35.200
11 AAC 21.035. VANDALISM. No person may disturb, damage, or
deface within, or remove from, the preserve state-owned or state-leased
property or facilities. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020 AS 41.21.610 AS 41.21.616
11 AAC 21.040. CONSTRUCTION OF STRUCTURES. No person
may construct or place a dock, cabin, home, building, or other structure
in the preserve unless authorized by the director under 11 AAC 21.120.
(Eff. 2/3/88, Register 105)
11 AAC 21.045 NATURAL RESOURCES 11 AAC 21.060
Chilkat Bald Eagle Preserve September 2002 AAC Chapter 21 – Page 3
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
11 AAC 21.045. CONSTRUCTION OF SIGNS. No person may
construct or display a sign in the preserve, with the exception of a state
regulatory marker placed by an authorized state employee, unless author-
ized by the director under 11 AAC 21.120. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
11 AAC 21.050. EXPLOSIVES. A person may not discharge an
explosive, gas operated explosive device, or similar device in the
preserve, except as authorized by the director under 11 AAC 21.120.
(Eff. 2/3/88, Register 105; am 4/20/2002, Register 162)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
11 AAC 21.051. FIREWORKS. A person may not discharge a fire-
work in the preserve except as authorized by the director under 11 AAC
21.120. (Eff. 4/20/2002, Register 162)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
11 AAC 21.055. PUBLIC USE CABINS. No person may use or
occupy a public use cabin that is managed by the division on a reser-
vation and fee payment basis without first having obtained a reservation
and paid the fee. Each day of unauthorized use constitutes a separate
offense. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
11 AAC 21.060. USE OF PERSONAL WATERCRAFT. A person
may operate a personal watercraft within the preserve only on the waters
of Chilkat Lake, on the outlet stream from Chilkat Lake to the Tsirku
River, and within one-quarter mile of the Tsirku River Landing. (Eff.
9/1/2002, Register 163)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
11 AAC 21.100 ALASKA ADMINISTRATIVE CODE 11 AAC 21.100
AAC Chapter 21 – Page 4 September 2002 Chilkat Bald Eagle Preserve
ARTICLE 2 PRESERVE ACTIVITIES;
MANAGEMENT
Section
100. Commercial activities
105. Closure and use management
110. Petitions for closure and use
management
Section
115. Public notice of closures and use
management
120. Conditional activities
11 AAC 21.100. COMMERCIAL ACTIVITIES. (a) Engaging in
soliciting, selling, or peddling liquids or edibles for human consump-
tion, or distributing circulars, or hawking, peddling, or vending goods,
wares, services, or merchandise in the preserve is prohibited, except as
provided in regulations adopted by the Department of Education under
AS 23.15, as provided in (b) of this section, or as provided in a
concession contract for guided tours entered into under 11 AAC 14.200
— 11 AAC 14.260. Subsections (b) — (e) of this section apply to a
concession contract for a commercial activity in the preserve.
(b) The director may negotiate a permit for commercial activity if
(1) it does not exclude others from lawful enjoyment of the
preserve;
(2) issuance of the permit is compatible with the purposes for which
the preserve was established;
(3) the director does not anticipate the need to limit the number of
individuals or firms providing the service in order to protect public
use of the preserve or to protect public use of the preserve or to
protect preserve resources;
(4) the applicant pays the nonrefundable fees, established under 11
AAC 05.010 with the advice of the council, which will give the state a
fair and reasonable return in light of the cost of administering the
activity permitted, the impact of the proposed activity on the preserve,
the
incidental benefit that might be provided the preserve, goods or
services provided to the state, and the gross business receipts
attributable to the activity;
(5) the term of the permit is for no longer than two years, with a
two-year renewal clause at the discretion of the director, and is
revocable at any time the director determines that public safety,
health, or welfare is imperiled, or that the natural or cultural resources
of the preserve are being damaged; and
(6) the state is held harmless from all claims, demands, suits, loss,
liability, and expense for injury to, or death of, a person arising out of
or connected with the uses covered by the permit.
11 AAC 21.100 NATURAL RESOURCES 11 AAC 21.105
Chilkat Bald Eagle Preserve September 2002 AAC Chapter 21 – Page 5
(c) The director may require that a permit contain conditions that
require the permittee or the permittee's agents or employees to
(1) possess required borough, state, or federal licenses, registrations,
or certifications that are applicable to the activity authorized by this
section;
(2) indemnify, hold harmless, and defend the state, its officers,
agents, and employees from liability of any nature or kind;
(3) mark vehicles used in providing commercial services with
specific identification;
(4) be in or aboard a vehicle being used for activities authorized by
this section;
(5) be liable for the repair of any damage to land, water, facilities,
or resources resulting from the actions of the permittee or his or her
agents, employees, or clients;
(6) report any accidents involving personal injury or incidents of
wildlife hazards, or the loss of equipment;
(7) have a first aid certification recognized by state or national
registration;
(8) provide proof of liability insurance at a minimum of $100,000
per individual and $300,000 per event, and designating the State of
Alaska as "the additional named insured with notice of cancellation;"
the director may require a higher amount of liability insurance for
activities that involve a high degree of risk for the participants.
(d) Public use restrictions implemented in accordance with 11 AAC
21.105 apply to commercial use permittees.
(e) No permittee or permittee's agent or employee may violate the
conditions of the permit. Upon any violation of a permit condition, the
director may suspend or revoke the permit. Each day in violation of the
permit conditions set out in (c) of this section constitutes a separate
violation. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.026
AS 41.21.040
AS 41.21.610
AS 41.21.616
11 AAC 21.105. CLOSURE AND USE MANAGEMENT.
(a) Upon a determination that the action is necessary to aid scientific
research, or for the protection of natural or cultural resources, protection
of environmental or scenic values, maintenance of public health and
safety, implementation of management responsibilities, equitable alloca-
tion and use of facilities, or the avoidance of conflict among visitor use
activities, the director may
(1) establish, for the Critical Habitat Area of the preserve, a reason-
able schedule of visiting hours, impose public use limits, or close all
or a portion of the Critical Habitat Area to all public use or to a
specific use or activity;
11 AAC 21.105 ALASKA ADMINISTRATIVE CODE 11 AAC 21.110
AAC Chapter 21 – Page 6 September 2002 Chilkat Bald Eagle Preserve
(2) limit a specific use or activity to a designated area, or impose
conditions or restrictions on a use or activity; or
(3) terminate or modify a restriction, limit, closure, or condition
imposed under (1) or (2) of this subsection.
(b) Except in an emergency situation, before implementing or
terminating a restriction, condition, limit, or closure, the director shall
issue a written determination that sets out the reasons for the
implementation or termination. For an emergency situation, the written
determination may be issued after the implementation or termination.
The written determination must (1) in the case of an implementation,
state why less restrictive measures will not suffice, or (2) in the case of a
termination, state why the restriction is no longer necessary and include
a finding that the termination will not have an unreasonably adverse
impact on preserve resources. For the purposes of this section, an
adjustment that makes a restriction, condition, or a limit more restrictive
is an implementation, and an adjustment that relaxes the restrictive effect
is a termination.
(c) A restriction, limit, closure, or condition, or the termination of one
of these that will result in a significant alteration in the public use
pattern of the preserve, will have a significant effect on the preserve's
natural, aesthetic, scenic, or cultural values, or will require a long-term
or significant modification in the resource management objectives of the
preserve, will be adopted as a regulation.
(d) To implement a public use limit, the director, after consultation
with the council, may establish a permit, registration, or reservation
system in accordance with the criteria and procedures of 11 AAC 21.120.
(e) The division shall notify the council of any action taken under this
section before that implementation or termination, or, in the case of an
emergency, within five days after the implementation or termination.
(f) No person may violate a restriction, limit, closure, or condition
imposed under this section. If a permit under (d) of this section is used
to implement a public use limit, violation of the terms and conditions of
the permit is prohibited, and could result in the suspension or revocation
of the permit. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610
AS 41.21.616
AS 41.21.618
11 AAC 21.110. PETITIONS FOR CLOSURE AND USE MAN-
AGEMENT. (a) A person may petition the director to implement or
terminate a restriction, limit, closure, or condition. A petition must be in
writing and must clearly state
(1) what action is requested; and
(2) the reasons for the action requested.
11 AAC 21.115 NATURAL RESOURCES 11 AAC 21.120
Chilkat Bald Eagle Preserve September 2002 AAC Chapter 21 – Page 7
(b) The director shall respond in writing within 30 days to a petition
made under (a) of this section. (Eff. 2/3/88, Register 105)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610
AS 41.21.616
AS 41.21.618
11 AAC 21.115. PUBLIC NOTICE OF CLOSURES AND USE
MANAGEMENT. (a) If action is taken under 11 AAC 21.105, the div-
ision shall notify the public by one or more of the following methods:
(1) signs posted at conspicuous locations, such as normal points of
entry to the preserve;
(2) maps available in the office of the director and other places
convenient to the public;
(3) publication in a newspaper of general circulation in the affected
area; or
(4) other appropriate methods, such as the removal of closure signs,
or the use of electronic media, brochures, or handouts.
(b) In addition to the notification required by (a) of this section, the
director shall compile in writing all the restrictions, limits, closures,
conditions, permit requirements, and other discretionary use management
actions taken under 11 AAC 21.105. This compilation shall be updated
annually and made available to the public upon request. (Eff. 2/3/88,
Register 105)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610
AS 41.21.616
AS 41.21.618
11 AAC 21.120. CONDITIONAL ACTIVITIES. (a) Authorization
from the director is required for the following activities in the preserve:
(1) a promotional or entertainment event, including an organized
athletic event, competitive recreational event, or spectator event,
whether or not an admission fee is charged, or production of a film or
television documentary for educational or entertainment purposes;
(2) camping for longer than 15 consecutive days in a calendar year,
or for longer than the time period designated by the director for
camping at the site or area in which the camp is made, except for
traditional hunting and subsistence fishing camping;
(3) constructing or placing an improvement, structure, or property
on land in the preserve, including a sign, fixture, permanent shelter or
cabin, wildlife observation blind, personal property, road, trail,
excavation, fill or buttress, except for the temporary bridges across the
Tsirku River required for winter access to Chilkat Lake;
(4) discharging explosives;
11 AAC 21.120 ALASKA ADMINISTRATIVE CODE 11 AAC 21.290
AAC Chapter 21 – Page 8 September 2002 Chilkat Bald Eagle Preserve
(5) conducting scientific research, exploration, or information
collection activities;
(6) using the preserve for recurring or permanent motorized access
across land or water closed to motorized use;
(7) performing activities limited by the director under 11 AAC
21.105; or
(8) after consultation with the council, any use that the director
determines to be incompatible with the purposes for which the
preserve was established, as those purposes are defined by statute and
regulation.
(b) The director may, after advice from the council, authorize an
activity upon determining that:
(1) natural, cultural, historical, and archaeological resources of the
preserve will not be damaged or imperiled;
(2) the preserve is protected from pollution;
(3) public use values of the preserve are maintained and protected;
(4) the public safety, health, and welfare will not be damaged or
imperiled;
(5) the activity is consistent with the Alaska Coastal Management
Program (AS 46.40), if applicable.
(c) The person who will be responsible for the activity shall file an
application for authorization at the district office of the division in
Haines and shall pay the required nonrefundable permit fee established
in 11 AAC 05.010. The application will be forwarded to the regional
office of the division for action.
(d) An applicant whose request for authorization is denied in whole or
in part, or any other eligible person affected by an action of the division
upon a request for authorization, may appeal that decision in accordance
with 11 AAC 02. The council will be notified of an appeal.
(e) Public use restrictions implemented in accordance with 11 AAC
21.105 apply to commercial use permittees. (Eff. 2/3/88, Register 105;
am 11/7/90, Register 116; am 9/19/2001, Register 159)
Authority: AS 41.21.020 AS 41.21.040 AS 44.37.011
ARTICLE 3 GENERAL PROVISIONS
Section
290. Definitions
11 AAC 21.290. DEFINITIONS. In this chapter
(1) "aircraft" means a device that is used or intended for flight or
movement of people or goods in the air;
(2) "commercial" means an action or operation that generates in-
come from the buying, selling, renting, bartering, or trading of goods
or services;
11 AAC 21.290 Natural Resources 11 AAC 21.290
Chilkat Bald Eagle Preserve September 2002 AAC Chapter 21 – Page 9
(3) "council" means the Alaska Chilkat Bald Eagle Preserve Advisory
Council established in AS 41.21.625 ;
(4) "Critical Habitat Area" means the Chilkat River Critical Habitat
Area established in AS 16.20.585 ;
(5) "department" means the Department of Natural Resources;
(6) "developed facility" includes a boat ramp, campground, picnic area,
rest area, visitor information center, swim beach, trailhead, building,
parking area, and developed ski area;
(7) "director" means the director of the division of parks and outdoor
recreation, Department of Natural Resources, or the director's authorized
agent;
(8) "division" means the division of parks and outdoor recreation,
Department of Natural Resources;
(9) "motorized vehicle" means a motorized device for carrying persons
or objects over land, water, or through the air, and includes automobiles,
snowmachines, bicycles, off-road vehicles, boats, and aircraft;
(10) "preserve" means the Alaska Chilkat Bald Eagle Preserve
established in AS 41.21.611 and further described in AS 41.21.612 ;
(11) "weapon" includes a bow and arrow, slingshot, crossbow, and
firearm;
(12) "explosive" means a chemical compound, mixture, or device that is
commonly used or intended for the purpose of producing a chemical
reaction resulting in a substantially instantaneous release of gas and heat;
"explosive" includes dynamite, blasting powder, nitroglycerin, blasting
caps, and nitrojelly; "explosive" does not include salable fireworks as
defined by AS 18.72.050 ;
(13) "firework" means an explosive device or combustible material used
to produce lights, smoke, or noise for entertainment;
(14) "personal watercraft" means a vessel that is
(A) less than 16 feet in length;
(B) propelled by a water-jet pump or other machinery as its primary
source of motor propulsion; and
(C) designed to be operated by a person sitting, standing, or kneeling
on the vessel, rather than by a person sitting or standing inside it. (Eff.
2/3/88, Register 105; am 4/20/2002, Register 162; am 9/1/2002,
Register 163)
Authority: AS 41.21.020
AS 41.21.040
AS 41.21.610 AS 41.21.616
APPENDIX B – GLOSSARY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page B-1
APPENDIX B
GLOSSARY
AAC: Alaska Administrative Code
ADF&G: Alaska Department of Fish and Game
ADEC: Alaska Department of Environmental Conservation
AS: Alaska Statutes
Allowed Use: A land use or activity involving the use of state lands or waters that is
allowed to occur. These uses are typically identified in the management intent statements
or management guidelines of the Preserve Plan.
Area plan: Prepared by the Department of Natural Resources, area plans allocate
resources and identify allowed and prohibited uses on state lands including uplands,
tidelands, and submerged lands. The area plan referred to in this plan is the Northern
Southeast Area Plan, adopted in 2002.
Anadromous Fish Streams: The portion of a fresh water body or estuarine area that has
been determined by the Department of Fish and Game to contain or exhibit evidence of
anadromous fish, in which event the anadromous portion of the stream or waterway
extends up to the first point of physical blockage.
CHA: Critical Habitat Area
Closed to mineral entry: Areas where staking mineral claims is prohibited because
mining has been determined to be in conflict with significant surface uses in the area.
Existing mineral claims that are valid at the time of plan adoption are not affected by
mineral closures.
Commercial: Under 11 AAC 12.340.19, "Commercial activity" means the sale of,
delivery of, or soliciting to provide, goods, wares, edibles, or services in exchange for
valuable consideration through barter, trade, or other commercial means. A service
offered in conjunction with another sale of goods, wares, edibles, or services, which
service involves the use of Preserve land or water, is a commercial activity whether or not
it is incidental to, advertised with, or specifically offered in the original sale. All guide,
outfitter, and transportation services are commercial activities if any payment or valuable
consideration through barter, trade, cash, or other commercial means is required,
APPENDIX B – GLOSSARY
Page B-2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
expected, or received beyond the normal and customary equally shared costs for food and
fuel for any portion of the stay in the Preserve.
Commercial Outfitter/Guide Operators: Commercial operators that provide commercial
hunting and fishing guiding services, or access to places in the Preserve. They are
distinguished from Commercial Tour Operators in that they characteristically provide
sporadic, non-patterned service to various parts of the Preserve for services of the type
described above. They do not meet the "characteristics of commercial tours" as defined
for Commercial Tour Operators.
Commercial Recreation: Recreation undertaken within the Preserve by the general public
and provided by commercial entities for remuneration; see definition of 'Recreation'.
Commercial recreation can be either motorized or non-motorized.
Commercial Recreation Operator: A commercial entity that provides commercial public
recreation services within the Preserve. All Commercial Recreation Operators must be
authorized by DPOR for operation within the Preserve.
Commercial Tour: A commercial tour is defined, in the Preserve Plan, as the provision
of a brief trip to or through a place for the purpose of viewing it. This trip(s) is provided
to clients who, in return, remunerate the commercial provider for the service provided.
Not included in this definition is a trip(s) necessary to access private property, such as a
lodge, unless it is clear that such an activity is clearly providing a commercial tour as part
of this access. Characteristics of commercial tours are that they are frequent, occurring
several or more times per day; tend to occur in a generally similar area or areas; and
involve stopovers of less than five hours if the trip has a destination on the route(s).
Commercial Tour Operator: A Commercial Recreation Operator that conducts a
commercial tour within or through the Preserve. Such operators may provide either
motorized or non-motorized tours.
Commercial Tour Operator, Large-scale. See 'Large-scale Commercial Tour Operator'.
Commercial Tour Operator, Small scale. See 'Small-scale Commercial Tour Operator'.
Commissioner: The Commissioner of the Alaska Department of Natural Resources
Common Management Requirements: Refers to the underlying management
requirements affecting all uses within all areas of the Preserve. The Common
Management Requirements derive from Alaska Statute (AS 41.21.610), which specifies
the purposes of the Preserve.
Conditional Use: A land use or activity involving the use of state lands or waters that
may be allowed to occur subject to certain standards and the applicable permitting
standards of Chapters 2 and 3. These uses are typically identified in the management
APPENDIX B – GLOSSARY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page B-3
intent statements or management guidelines section of the Preserve Plan. Changing a
conditional use to an allowable use requires a plan amendment.
Critical Habitat Area: Refers to the Chilkat River Critical Habitat Area, established by
the Alaska State Legislature in 1972 for the protection of fish and wildlife habitat,
particularly the protection of the large concentration of bald eagles that congregate at this
location during the winter. The Critical Habitat Area coincides with the boundary of the
Council Grounds Management Unit in this plan.
Designated use: See 'primary use'.
Director: The division director of the state division responsible for managing state land.
Most often, 'Director' refers to the Director of DPOR. DPOR is responsible for lands that
are administratively or legislatively designated as state parks, state marine parks, or other
forms of state land administered for park and public recreation purposes.
DMLW: Division of Mining, Land and Water, a division of DNR
DNR: Alaska Department of Natural Resources
DOF: Division of Forestry, a division of DNR
DOT/PF: Alaska Department of Transportation and Public Facilities
DPOR: Division of Parks and Outdoor Recreation, a division of DNR
Easement: An interest in land owned by another that entitles its holder to a specific
limited use.
Feasible: Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic environmental, technical, and safety factors.
Feasible and Prudent: The phrase "will, to the extent feasible and prudent," is taken from
the Standards of Alaska Coastal Management Program (6 AAC 80.010-.900) and is used
when the resource manager or permitting 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 which
is modified by the term "feasible and prudent". 6 AAC 80.900(20).
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 in or that may be introduced into Alaska, except domestic birds and
mammals.
APPENDIX B – GLOSSARY
Page B-4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Goal: A statement of basic intent for a general condition(s) desired in the long term.
Goals usually are not quantifiable and do not have specific dates for achievement. Goals
identify desired long-range conditions.
Guideline: A specific course of action that must be followed when a DPOR resource
manager permits, leases, or otherwise authorizes use of state lands. Guidelines range
from giving general guidance for decision-making or identifying factors that need to be
considered, to setting detailed standards for on-the-ground decisions. Typically, in the
Preserve Plan, a management guideline is a specific standard that is to be followed by the
DPOR resource manager.
Improvements: Buildings, wharves, piers, dry docks, and other similar types of structures
permanently fixed to the uplands, tidelands, or submerged lands that were constructed
and/or maintained by the applicant for business, commercial, recreation, residential, or
other beneficial uses or purposes.
Large-scale Commercial Tour Operator: Commercial Tour Operators that use state land
or waters for the purpose of providing commercial tours to an unlimited number of clients
per day into or through the Preserve. The threshold level for defining this type of use is
11 or more clients per day. This type of use may be motorized or non-motorized. The
Preserve Plan identifies specific areas for the operation of Large-scale Commercial Tours
and specific standards of operation.
Large-scale Commercial Tour Operator – Motorized: A Large-scale Commercial Tour
Operator that operates with motor vehicles. May be either land or water based. The
Preserve Plan identifies specific areas for the operation of Large-scale Commercial Tours
and specific standards of operation.
Large-scale Commercial Tour Operator – Non-Motorized: A Large-scale Commercial
Tour Operator that does not operate using motor vehicles. May be either land or water
based. The Preserve Plan identifies specific areas for the operation of Large-scale
Commercial Tours and specific standards of operation.
Management Intent Statement: The statements that define the Department's near, long-
term and management objectives and the methods to achieve those objectives.
Management intent statements are always included in the Preserve Plan for units and
subunits. They further define the way in which, and occasionally the standards under
which, state lands are to be managed.
Management Plan: See Preserve Plan.
May: Same as 'should'.
Mineral Entry: Acquiring exploration and mining rights under AS 38.05.185- 38.05.275.
APPENDIX B – GLOSSARY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page B-5
Mining claim: Rights to deposits of minerals subject to AS 38.05.185-38.05.275 in or on
state land that is open to claim staking may be acquired by discovery, location and
recording as prescribed in AS 38.05.185-38.05.275. The locator has the exclusive right of
possession and extraction of the minerals subject to AS 38.05.185 -38.05.275 lying within
the boundaries of the claim.
Motorized Recreation: A form of public recreation or a type of commercial recreation
that uses a motorized conveyance for transportation. The forms of motorized
transportation are varied and may either use state lands or waters.
Multiple Use: The terms used in the state constitution and state statute to refer to the
principle of the multiple use of state land. 'Multiple' means varied use and usually
implies more than one use.
Non-Motorized Recreation: A form of public recreation or a type of commercial
recreation that does not use a motorized conveyance for transportation. The forms of non-
motorized transportation are varied and may either use state lands or waters.
Ordinary high-water mark: The mark along the bank or shore to which the presence and
action of the non-tidal water are so common and usual, and so long continued in all
ordinary years, as to leave a natural line impressed on the bank or shore and indicated by
erosion, shelving, changes and soil characteristics, destruction of terrestrial vegetation, or
other distinctive physical characteristics. 11 AAC53.900(23).
Permit: A Department of Natural Resources authorization for the use of state land
according to the terms set forth. Within the Chilkat Bald Eagle Preserve, this refers to a
DPOR non-exclusive, non-competitive permit.
Plan Amendment: A change, or modification, to the Preserve Plan that permanently
changes the plan by adding to or modifying the basic management intent for one or more
of the plan's units or subunits or changes its allowed or prohibited uses, management
intent statements or guidelines, or other resource policies.
Plan Minor Change: A change to the Preserve Plan that does not modify or add to the
plan's basic intent, and that serves only to clarify the plan, facilitate its implementation, or
make technical corrections.
Plan Special Exception: A change, or modification, to the Preserve Plan that does not
permanently change the provisions of the plan (see Plan Amendment). It is used to allow
a one-time, limited-purpose variance of the plan's provisions, without changing its
general management or guidelines.
Plan Revision: Refers to the process involved in comprehensive review of a prior
Preserve Plan to determine if changes to the then current Preserve Plan are necessary and,
if so, the subsequent process of plan update. A Plan Revision can cover parts or all
sections of the plan. Typically, the entire Preserve Plan is revised.
APPENDIX B – GLOSSARY
Page B-6 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Planning Period: The upcoming period of 20 years, measured from the date of adoption
of the Preserve Plan.
Policy: An intended course of action or a principle for guiding actions. In this plan,
policies for land and resource management include goals, management intent statements,
management guidelines, classifications, implementation plans, and various other
statements of Department intentions.
Preserve: Alaska Chilkat Bald Eagle Preserve
Preserve Advisory Council: Refers to the Alaska Chilkat Bald Eagle Preserve Council.
Advisory Council established in Alaska Statute (AS 41.21.625) to assist the Department
of Natural Resources in the 'development and monitoring' of the Chilkat Bald Eagle
Preserve Management Plan: The Council exercises other responsibilities as well; these
are described in Chapter 4.
Preserve Plan: The Management Plan for the Chilkat Bald Eagle Preserve, required
under AS 41.21.620, refers to this plan. May sometimes refer to the original plan.
References to the original plan are denoted in the plan by the term '1985 Preserve Plan'.
The current plan (2002) is either referred to as the 'Preserve Plan', Revised Plan', or the
'Revised Preserve Plan'.
Prohibited use: A use not allowed in a management unit because it conflicts with the
management intent statement, designated uses, or management guidelines. Changing a
prohibited use to an allowable or conditional use requires a plan amendment.
Public Recreation: Recreation undertaken within the Preserve by the general public; see
definition of 'Recreation'. Public recreation can be either personal or can be provided by
a commercial entity.
Recreation: The term "recreation" refers to any activity or structure for recreational
purposes including, but not limited to, hiking, camping, boating, sports hunting and
fishing, and sightseeing for pleasure. Recreation does not refer to subsistence hunting
and fishing.
Right-of-way: The legal right to cross the land of another landowner.
Shall: Same as 'will'.
Small-scale Commercial Tour Operator: A Commercial Tour Operator that uses state
lands or waters for the purpose of providing commercial tours to 10 or fewer clients per
day into or through the Preserve. May provide this service through motorized or non-
motorized forms of transportation.
APPENDIX B – GLOSSARY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page B-7
Should: 'Should' states the intent for a course of action or a set of conditions to be
achieved. Guidelines modified by the word 'should' state the plan's intent and allow the
manager to use discretion in deciding the specific means for best achieving the intent or
whether particular circumstances justify deviation from the intended action or set of
actions. A guideline may include criteria for deciding if such a deviation is justified.
State lands: All lands, including uplands, tidelands, submerged lands, and shorelands
belonging to or acquired by the State of Alaska, excluding lands owned by the University
of Alaska, the Mental Health Trust Authority, or by state agencies acquiring land through
deed.
State-owned land: Land that is patented or will be patented to the state, including uplands,
tidelands, shorelands, and submerged lands.
State-selected land: Federally owned land that is selected by the State of Alaska, but not
yet patented.
Subsistence: From the Alaska National Interest Land Conservation Act (ANILCA)
[PL 96-486, Sec. 803]. The customary and traditional uses by rural Alaska residents of
wild, renewable resources for direct personal or family consumption as food, shelter, fuel,
clothing, tools, or transportation; for the making and selling of handicraft articles out of
non-edible byproducts of fish and wildlife resources taken for personal or family
consumption; for barter or sharing of personal or family consumption; and for customary
trade.
Suitable: Land that is physically capable of supporting a particular type of resource
development.
Structures: Same as 'Improvements'.
Traditional Use: Refers to those traditional and natural based lifestyles of the people
living in the general areas described as the Bald Eagle Preserve in AS 41.21.610 (b) (5).
A related section of statute (AS 41.21.618) provides that "continued opportunities for
traditional uses of the Bald Eagle Preserve at levels and by methods and means that are
compatible with the protection of the bald eagle population are guaranteed". Continuing,
"These historically compatible uses include but are not limited to hunting, fishing, berry
picking, other subsistence and recreation uses, operation of motorized vehicles, and the
harvesting of personal-use firewood." Further, "The level and method or means of
traditional use may continue subject to reasonable regulation …."
Wetlands: Wetlands include 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 0.5
parts per thousand salt content and not exceeding 3 meters in depth. 'Saltwater wetlands'
means those coastal areas along sheltered shorelines characterized by salt tolerant,
marshy plants and large algae extending from extreme low tide.
APPENDIX B – GLOSSARY
Page B-8 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Will: 'Will' requires a course of action or a set of conditions to be achieved. A guideline
modified by the word 'will' must be followed by DNR land managers. If such a guideline
is not complied with, a written decision justifying the noncompliance is required.
APPENDIX C – PERMITTING REQUIREMENTS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page C-1
APPENDIX C
PRESERVE PERMITTING REQUIREMENTS
COMMERCIAL OPERATIONS ON STATE LANDS AND WATERS
GENERAL AND SPECIFIC STANDARDS
All commercial entities operating within the lands and waters of the Chilkat Bald Eagle
Preserve (Preserve) are required to obtain a permit from the Division of Parks and
Outdoor Recreation (DPOR) prior to commencing operation. The standards identified
herein apply to commercial entities operating on the lands and waters of the Preserve.
They do not apply to commercial entities operating within private uplands, Native
allotments, or uplands of the University of Alaska or the Alaska Mental Health Trust
Authority.
Commercial activities1 operating within the waters of the Preserve are, for ease of
management, divided into two kinds: those operating commercial tours and those that do
not provide tours. Commercial tour operators are further subdivided into those providing
a relatively low level of operation (10 or less clients per day2) and those providing a
higher level of such service. The former are described as 'Small-scale Commercial Tours'
and the latter, 'Large-scale Commercial Tour Operators.' In turn, these are subdivided by
means of transportation: that is, into those that are 'motorized' and those that are 'non-
motorized'. Commercial Outfitters and Guides perform the third type of commercial
activity. This type of commercial use provides commercial services that are dissimilar
from commercial tours.
Commercial activities operating within the Preserve are subject to the General Operating
Standards that follow.
Additional requirements pertain to those commercial activities described as Large-scale
Commercial Tours. These requirements are described at length in Chapter 3 of the
Preserve Plan. Uses of this type are subject to the Specific Operating Standards that
follow.
1 Under 11 AAC 12.340.19, "Commercial activity" means the sale of, delivery of, or soliciting to provide,
goods, wares, edibles, or services in exchange for valuable consideration through barter, trade, or other
commercial means; a service offered in conjunction with another sale of goods, wares, edibles, or services,
which service involves the use of preserve land or water, is a commercial activity whether or not it is
incidental to, advertised with, or specifically offered in the original sale; all guide, outfitter, and
transportation services are commercial activities if any payment or valuable consideration through barter,
trade, cash, or other commercial means is required, expected, or received beyond the normal and customary
equally shared costs for food and fuel for any portion of the stay in the preserve.
2 This level is not an average; it is the maximum daily passenger load that can be expected to occur on one
or more days during the operating season.
APPENDIX C – PERMITTING REQUIREMENTS
Page C-2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
All entities operating in the waters of the Preserve must provide a Plan of Operation that
describes the time, location, duration (diurnal), and kind of activity to be provided, and
identifies the expected daily passenger level.
For a fuller explanation of commercial tour operators, the intention of the DNR
permitting process, and other aspects of the permitting system, see the 'Recreation'
section of Chapter 2 and the sections titled 'Commercial Recreation Management' and
'Specific Management Requirements: Commercial Recreation' in the first part of
Chapter 3. The description that is provided above is meant to be a summary of these
sections. The sections mentioned in the Plan should be consulted for additional
specificity.
Nothing in these procedures is meant or intended to be inconsistent with or limiting to the
standards contained in Alaska Administration Code or Alaska Statute. Additional
requirements can be imposed, if necessary.
Additional or different requirements can be imposed by DPOR in its annual permitting of
commercial operations if necessary to meet the management objectives of the Preserve
Plan. These differing requirements are intended to be refinements of the standards
identified in Chapter 3 and Appendix C. A Plan Amendment is not required in instances
where future specific permitting requirements differ from the standards stated here if they
are consistent with the overall management intent and guidelines of the Preserve Plan and
with the intent and guidelines pertinent to specific Management Units. Standards that
depart from the management intent or management guidelines in a substantive way shall
require a Plan Amendment prior to use. Questions on whether a revision is substantive
and requires a Plan Amendment are to be resolved by the Park Superintendent or, if
necessary, the Director of DPOR.
APPENDIX C – PERMITTING REQUIREMENTS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page C-3
GENERAL OPERATING STANDARDS
General Operating standards are those requirements that apply throughout the Preserve in
areas of state lands and waters to commercial operators.
Commercial Operators shall not:
• Remove, cut, or otherwise damage areas of riverine or lacustrine wetlands or
riverbank vegetation without specific permission from DPOR.
• Damage or deface natural objects, including trees, plants, and moss, nor remove
rocks, gravel, or minerals, except as authorized by the director under 11 AAC
21.120. Boat operations should use sand and gravel areas for embarking and
disembarking.
• Depart from a main river channel to encroach within any wetland area containing
an occupied Trumpeter Swan nest or brood-rearing site.
• Operate within the areas of sensitive spawning beds of anadromous fish streams
in a manner that damages or otherwise adversely affects these areas.
• Harass or otherwise disturb bald eagles as described in the Bald Eagle Protection
Act.
• Operate in a manner inconsistent with DPOR Director Orders or other Orders of
the Department of Natural Resources.
Commercial Operators shall:
• Conduct their operations in such a way as to be consistent with the purposes of
the Preserve and cause no damage to the resources of the Preserve or to other
lawful users of the Preserve.
• Operate in such a manner as to avoid impacts to traditional uses and other lawful
uses of the Preserve, including but not limited to subsistence hunting, fishing or
gathering activities; recreational hunting or fishing activities; and areas of set nets
where these uses are allowed under law. If conflicts arise, DPOR, with the
assistance of the ADF&G when fish and wildlife resources are involved, will
determine what actions to take that will minimize this disturbance. If specific
restrictions are to be imposed, the recommended restriction will be added as a
condition of the permit, if already issued.
• Facilities supporting commercial operations are to be provided on privately
owned lands, Native Allotments, or other lands that are not within the state land
or waters of the Preserve.
• Put-ins and take-out operations, if on state land, are to be sited on gravel or other
materials characterized by little vegetation. Where these operations must occupy
areas of vegetated stream banks, the amount of devegetation shall be minimized.
All such sites shall be approved by DPOR. Such activities shall not occur on the
riverbanks of clear water tributaries of the Chilkat, Klehini and Tsirku river
systems, except as authorized by DPOR. Tributaries of this type include but are
not limited to Clear Creek and an unnamed tributary at Mile 14 of the Haines
APPENDIX C – PERMITTING REQUIREMENTS
Page C-4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Highway. Note: DPOR shall modify this list from time to time in order to
include those other clear water tributaries that may be identified.
• Shall adhere to all applicable rules and regulations of the U.S. Coast Guard for
commercial vessels (relative to the type and size of commercial operation).
• Operate motorized vessels so that no boat wakes are produced and a no-wake
speed of 4 miles per hour (mph) is not exceeded within the clear water tributaries
of the Chilkat, Klehini, and Tsirku river systems, not including the tributary 'Clear
Creek' to the Tsirku River. These tributaries include but are not limited to the
outlet stream of Mosquito Lake and Sheep Canyon Lake outlet stream. Note:
DPOR shall modify this list from time to time in order to include those other
tributaries that may be identified.
APPENDIX C – PERMITTING REQUIREMENTS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page C-5
SPECIFIC OPERATING STANDARDS
Specific Standards. Specific standards are those standards that apply to Large-scale
Commercial Tour Operators (LCTO) on state waters of and within particular areas of the
Preserve. These standards also apply to Small Scale Commercial Tour Operators in the
Upper Chilkat Management Unit. They are identified as Management Guidelines in the
management units of the Preserve Plan and are repeated here in order to provide a cross
reference between the listing of specific standards and the Preserve Plan. See Chapter 3
for a more specific description of these standards as they apply to particular Management
Units. The Specific Standards are in addition to the General Standards. The following
list is keyed to the Management Units of the Preserve Plan. All map references are to
Plan Map 3-2a, 'Route and Use Area Restrictions'.
Upper Chilkat Management Unit
Stipulations for Large scale Commercial Tour Operators – Motorized
Large-scale Commercial Tour Operators (motorized) are considered appropriate within
this Management Unit in the area of the 'Primary Route' under certain conditions of
operation. These conditions of Operations are expressed as 'stipulations', and are
identified below.
Large-scale Commercial Tour Operators (motorized) are not, however, authorized to use
the area included within the 'Secondary Route'. This area contains sensitive habitat for
coho, sockeye, and chinook salmon. Until further information becomes available or
ADF&G and DNR determine otherwise, the Secondary Route may not be used by Large-
scale Commercial Tour Operators (motorized). This action is considered necessary as a
precautionary step by DNR and ADF&G. While both agencies recognize that there is
relatively little data documenting impacts to fish habitat by commercial operations for
this area, it is known that the Kelsall Delta and the mainstem Chilkat River contain
sensitive and highly productive salmon habitat, and it is not clear as to what extent boat
wakes are affecting these areas. DNR and ADF&G have taken this precautionary step (to
close the Secondary Route) until further research or other information indicates that the
effect from boat wakes are of little significant to this resource or until the agencies
determine that changes to this policy are necessary.
1. LCT Operators shall not enter into areas designated on the Plan Map 3-2 as
'Non-Use areas – Habitat' or 'Non-Use areas – Other Than Habitat'. The
former includes Mosquito Lake, areas known locally as Mule Meadows, Bear
Flats and Goose Lake, areas that have been historically used for the nesting by
Trumpeter Swans, and especially sensitive anadromous stream spawning and
rearing areas. The latter includes all remaining areas not within the prescribed
route pattern or the habitat sensitive areas.
APPENDIX C – PERMITTING REQUIREMENTS
Page C-6 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
2. LCT Operators shall operate upstream of the confluence of the Chilkat and
Klehini Rivers on the Chilkat River system. Further, they shall operate within
the main part of the channel of the Chilkat River between Wells Bridge and
the confluence of the Klehini River. A minimum distance of 100 feet from
the east bank of the river and 50 feet from set nets and drift nets shall be
maintained in this area. They shall not operate adjacent to the Village of
Klukwan.
3. LCT Operators shall operate within the area of the Primary Route depicted on
Plan Map 3-2A, including the access routes to Sheep Canyon Lake, Stump
Lake, and Bear Lake. Operations on the Secondary Route are not authorized
unless and until ADF&G and DNR determine that use of this area is not likely
to cause adverse impacts to spawning areas. Given this determination by the
agencies, the Secondary Route may be operated if there is sufficient water for
operation to ensure protection of active spawning and rearing areas in the
vicinity of the Kelsall Delta and if such operations would be consistent with
the General Standards that apply to anadromous streams. Activities within the
Secondary Route may be limited or terminated when such conditions do not
exist, as determined by ADF&G and DNR.
4. LCT Operators shall avoid drift and set net sites, including those depicted on
Plan Map 3-2A.
5. LCT Operators shall operate their vessels to minimize stream bank erosion.
Generally, vessels shall be operated in the middle of the main channels of the
prescribed routes or wherever the deepest water occurs within the main
channel. Vessels shall maintain a distance separation of at least 50 feet from
edge of bank wherever possible. Distances less than 50 feet are only to be
authorized for the purposes of safety or if the channel width is insufficiently
wide.
6. LCT Operators shall coordinate their operations with all other LCT operators
to ensure that their operations do not conflict with each other.
7. The total number of trips carried by all LCT Operators on the Primary Route
shall not exceed 12 per day nor a total of 565 trips during a 120-day operating
season. All LCT Operators for the purpose of carrying passengers may use a
total of five boats. Three of the five allowed boats can be up to 32 feet in
length and the other two can be up to 24 feet in length. Vessels of lengths less
than those specified may be determined to be necessary in the state permitting
process.3
3 The upper capacity level for LCT Operators (motorized) may be reevaluated periodically once every five
years (from the date of adoption of this plan). Increases in this level may only be permitted if the proposed
level of activity is consistent with the requirements stated in these standards for LCT Operators and if it can
be demonstrated that the proposed level of activity meets the Preserve management standards identified as
APPENDIX C – PERMITTING REQUIREMENTS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page C-7
Stipulations for Large-scale Commercial Tour Operators – Non-Motorized.
The following specific standards apply to all Large-scale Commercial Tour Operators
(non-motorized) operating within this management unit.
1. LCT Operators shall not enter into areas designated on the Plan Map 3-2 as
'Non-Use areas – Habitat' or 'Non-Use areas – Other Than Habitat'. The
former includes Mosquito Lake, the areas known locally as Mule Meadows,
Bear Flats, and Goose Lake, areas that have been historically used for the
nesting by Trumpeter Swans, and especially sensitive anadromous stream
spawning and rearing areas. The latter includes all remaining areas not within
the prescribed route pattern or the Habitat Sensitive Areas.
2. LCT Operators shall avoid known drift and set net sites, including those
depicted on the Plan Map 3-2.
3. LCT Operators shall coordinate their operations with all other LCT Operators
to ensure that their operations do not conflict with each other.
Stipulations for Small-scale Commercial Tour Operators – Motorized
Small-scale Commercial Tour Operators (motorized) may use the area of the Primary
Route. These operators are subject to the same restrictions as the Large-scale
Commercial Tour Operators would reasonably apply to their operations in this route
(specifically, items #1-6 of previous listing). Small-scale Commercial Tour Operators
may, however, use the area of the Secondary Route. Small-scale Commercial Tour
Operators are subject to the following stipulations in the use of this route: they shall not
enter into areas designated as 'Non-Use areas – Habitat' or 'Non-Use areas – Other Than
Habitat', and they shall meet requirements #4, #5 and #6 for Large-scale Commercial
Tour Operators (motorized). Further, all boats (not air boats) shall not exceed a length of
24' and each commercial operator shall not conduct more than two round-trips per day.
The total number of clients that can be carried on a daily basis shall not exceed 10 per
commercial operator. (Note: these restrictions do not apply to Outfitter/Guide
Commercial Operators.) The ability of Small-scale Commercial Tour Operators
(motorized) to use the Secondary Route may continue unless new research or other
information indicates that adverse impacts to the sensitive habitat areas are occurring
within the Secondary Route, particularly within the area of the Chilkat mainstem
adjacent to and downstream of the Kelsall Delta.
'Common Management Requirements' in Chapter 3. A study to make this determination will be required.
A maximum of ten boats may be operated by LCT Operators (motorized) within the Upper Chilkat
Management Unit.
APPENDIX C – PERMITTING REQUIREMENTS
Page C-8 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Tsirku Management Unit
Stipulations for Large-scale Commercial Tour Operators – Non-Motorized.
Large-scale Commercial Tour Operators (non-motorized) may be permitted, subject to
the Common Management Requirements, General Management Requirements for
Commercial Operation, and the following specific management requirements:
1. LCT operators (non-motorized) may not commence operations on the Tsirku
River below the Chilkat Lake landing earlier than 8:00 a.m. and must
terminate operations by 10:30 p.m. All operators shall use the deepest
channels within the Tsirku Fan. DPOR may authorize a 7 a.m. start time, but
generally not more often than once per week.
2. Note: LCT Operators (motorized) are not authorized.
Bald Eagle Council Grounds Management Unit
Stipulations for Large-scale Commercial Tour Operators – Non-Motorized.
Large-scale Commercial Tour Operators (non-motorized) may be permitted, subject to
the Common Management Requirements, General Management Requirements for
Commercial Operation, and the following specific management requirements:
1. LCT Operators (non-motorized) may not commence operations on the Tsirku
Fan earlier than 8:00 a.m. and must terminate operations by 10:30 p.m.
DPOR may authorize a 7 a.m. start time, but generally not more often than
once per week. All Operators shall use the deepest possible channel within
the Tsirku Fan.
2. LCT Operators (non-motorized), not on the Haines Highway, are prohibited
within this management unit during the winter period of October 1st to
February 15th unless DPOR, in consultation with ADF&G, determines that
such operations can occur without harm to the winter concentration of bald
eagles. Note: this timing prohibition only applies to areas of state water
within the Preserve. It does not apply to either motorized or non-motorized
operators within the Haines Highway right-of-way.
3. Note: LCT Operators (motorized) are not permitted within this unit.
APPENDIX C – PERMITTING REQUIREMENTS
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page C-9
Haines Highway and Adjacent Lands Management Unit
Stipulations for Large-scale Commercial Tour Operators – Non-Motorized.
Large-scale Commercial Tour Operators (non-motorized) may be permitted, subject to
the Common Management Requirements, General Management Requirements for
Commercial Operation, and the following specific management requirements:
1. Operations within the Upper Haines Highway Unit are not permitted between
October 1st and November 30th.
2. Large-scale Commercial Tour Operators (motorized) are not permitted in
either the Upper or Lower Haines Highway Unit.
Chilkoot River/Chilkoot Lake Management Unit
Stipulations for Large-scale Commercial Tour Operators
Large-scale Commercial Tour Operators (motorized and non-motorized) may be
permitted in Chilkoot Lake subject to the Common and General Management
Requirements for Commercial Operation. Such operations are not permitted within the
Chilkoot River portion of this management unit except that part of the northeast shoreline
composed of sand and gravel may be used as a rest stop and for picniking.
APPENDIX D – PERMITTING PROCEDURES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page D-1
APPENDIX D
PERMITTING PROCEDURES
PERMIT MATRIX AND STRUCTURE AND
USE PERMIT CONDITIONS
The Permit Matrix and Structure and Use Permit Conditions list are designed to interpret the
statutory responsibilities of the permitting agencies within the Chilkat Bald Eagle Preserve
while bringing consistency and predictability to the permitting process. DPOR, ADF&G and
other state agencies are to use the accompanying matrix and permit conditions list when
adjudicating permit applications. Federal regulatory agencies should also refer to the matrix
and permit conditions list. The public and permit applicants can also use the permit matrix to
determine what the requirements are for a specific use or structure, permitted construction
methods, materials than can be used in construction, and other restrictions that are placed on
some uses and structures. The 'General Conditions' and 'Specific Conditions' referred to in
the matrix are based on Alaska Statute, Alaska Administrative Code and on agency
permitting policies.
Permitting agencies may authorize deviations to the stated requirements of the Permit Matrix
for habitat, safety, river water quality, and if the deviation is consistent with the Management
Intent for the specific management unit affecting the project or use. A more detailed
description of the requirements for such deviation is contained in item #15 of the 'Structure
and Use Permit Conditions'.
It is the intent that the agencies, in applying the Permit Matrix to subsequent permitting
decisions, will act in a fair, equitable way in approving permits of a similar type; that their
decisions will be based on the best available information and professional judgment; that
they will attempt to follow the requirements of the Permit Matrix in the application of their
regulatory authorities in a consistent, predictable fashion; and that they will exercise
discretionary judgment, varying from these standards where reasonable, appropriate and
consistent with item #15 of the 'Structure and Use Permit Conditions'
USE OF PERMIT MATRIX AND 'STRUCTURE AND
USE PERMIT CONDITIONS'
The Permit Matrix is separated into the five Management Units of the Preserve Plan, with the
Haines Highway Unit further separated into an Upper and a Lower portion. The units are, in
turn, cross-referenced to 27 specific structures or uses. The intersection of a use or structure
with a management unit in the matrix indicates whether a use or structure is not allowed ('not
applicable' or 'not compatible' in matrix) or is conditionally allowed ('conditionally
compatible' in matrix). If the use or structure is conditionally allowed, the requirements
termed 'Special Conditions', that affect the use or structure, are listed. Note that, in addition
to the Special Conditions, there are also standards or requirements that are included under
'General Conditions'. The latter apply to all uses and structures within the land and waters of
the Preserve, public and private.
APPENDIX D – PERMITTING PROCEDURES Page D-2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan Haines Highway and Adjacent Lands CBEP Unit Upper Chilkat Tsirku River Council Grounds Haines Hwy (Upper) Haines Hwy (Lower) Chilkoot River Uses and Structures Not Applicable Not Compatible Conditionally Compatible (Conditions) Not Applicable Not Compatible Conditionally Compatible (Conditions) Not Applicable Not Compatible Conditionally Compatible (Conditions) Not Applicable Not Compatible Conditionally Compatible (Conditions) Not Applicable Not Compatible Conditionally Compatible (Conditions) Not Applicable Not Compatible Conditionally Compatible (Conditions) (1) FLOATING DOCK 12, 14, 15, 16, 17, 18, 20, 21, 22, 32, 33, 34, 39, 40, 42, 43, 44 X 12, 14, 15, 16, 17, 18, 20, 21, 22, 32, 33, 34, 39, 40, 42, 43, 44 12, 14, 15, 16, 17, 18, 20, 21, 22, 32, 33, 34, 39, 40, 42, 43, 44 12, 14, 15, 16, 17, 18, 20, 21, 22, 32, 33, 34, 39, 40, 42, 43, 44 X (2) PILE SUPPORTED DOCK X X X X X X (3) REMOVABLE PILE SUPPORTED DOCK X X X X X X (4) CANTILEVERED DOCKS 12, 13, 15, 16, 20, 21, 22, 32, 33, 39, 40, 42, 43 X 12, 13, 15, 16, 20, 21, 22, 32, 39, 40, 42, 43 12, 13, 15, 16, 20, 21, 22, 32, 39, 40, 42, 43 12, 13, 15, 16, 20, 21, 22, 32, 39, 40, 42, 43 X (5) LADDERS/STAIRS/ BOARDWALK 12, 13, 16, 19, 20, 32, 40 X 12, 13, 16, 19, 20, 32, 40 12, 13, 16, 19, 20, 32, 40 12, 13, 16, 19, 20, 32, 40 X (6) PRIVATE RAMPS (a) X X X X 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 47 X (7) PUBLIC RAMPS (b) X 9, 10, 11, 12, 32, 37, 38, 39, 40, 42, 43, 44, 47 X X 9, 10, 11, 12, 32, 37, 38, 39, 40, 42, 43, 44, 47 X (8) GRAVEL REMOVAL 8, 9, 10, 11, 12, 32, 40 8, 9, 10, 11, 12, 32, 40 8, 9, 10,11, 12, 32, 40 8, 9, 10, 11, 12, 32, 40 8, 9, 10, 11, 12, 32, 40 8, 9, 10, 11, 12, 32, 40 (9) RIPRAP (c) (1) 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 X 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 X (10) BULKHEADS X X X X X X (11) OTHER BANK PROTECTION/ RESTORATION (c) 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48 9, 10, 11, 12, 32, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48
APPENDIX D – PERMITTING PROCEDURES Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page D-3 (12) ROADS (public) 9, 10, 11, 12, 23, 24, 32, 38, 39, 40 9, 10, 11, 12, 23, 24, 32, 38, 39, 40 9, 10, 11, 12, 23, 24, 32, 38, 39, 40 9, 10, 11, 12, 23, 24, 32, 38, 39, 40 9, 10, 11, 12, 23, 24, 32, 38, 39, 40 9, 10, 11, 12, 23, 24, 32, 38, 39, 40 (13) SANITARY FACILITIES AND REST AREAS 13, 32, 38, 40 13, 32, 38, 40 13, 32, 38, 40 13, 32, 38, 40 13, 32, 38, 40 13, 32, 38, 40 (14) PUBLIC VIEWING PLATFORMS 9, 10, 11, 12 9, 10, 11, 12 9, 10, 11, 12 9, 10, 11, 12 9, 10, 11, 12 9, 10, 11, 12 (15) TURNOUTS X X 9, 10, 11, 12, 24 9, 10, 11, 12, 24 9, 10, 11, 12, 24 X (16) ATV USE (2) 5, 6 5, 6 5, 6 5, 6 5, 6 5, 6 (17) WATER RELATED ACTIVITIES (3) 40 40 40 40 40 40 (18) COMMERCIAL FACILITIES (4) X X X X X X (19) INDUSTRIAL FACILITIES (5) X X X X X X (20) PARKING LOTS X 7, 9, 10, 11, 12, 24, 38, 40 X 7, 9, 10, 11, 12, 24, 38, 40 7, 9, 10, 11, 12, 24, 38, 40 X (21) FIXED WING AIRCRAFT LANDINGS 49 49 X 49 49 49 (22) HELICOPTER USE: LANDINGS X X X X X X (23) SEPTIC SYSTEMS 3, 4, 9, 10, 11, 12, 38, 40 3, 4, 9, 10, 11, 12, 38, 40 3, 4, 9, 10, 11, 12, 38, 40 3, 4, 9, 10, 11, 12, 38, 40 3, 4, 9, 10, 11, 12, 38, 40 3, 4, 9, 10, 11, 12, 38, 40 (24) DREDGE AND FILL (6) 1, 2, 9, 10, 11, 12, 32, 38, 39, 40 1, 2, 9, 10, 11, 12, 32, 38, 39, 40 1, 2, 9, 10, 11, 12, 32, 38, 39, 40 1, 2, 9, 10, 11, 12, 32, 38, 39, 40 1, 2, 9, 10, 11, 12, 32, 38, 39, 40 1, 2, 9, 10, 11, 12, 32, 38, 39, 40 (25) INTAKE STRUCTURES 25, 26, 27, 28, 29, 30, 31, 39, 40 X 25, 26, 27, 28, 29, 30, 31, 39, 40 25, 26, 27, 28, 29, 30, 31, 39, 40 25, 26, 27, 28, 29, 30, 31, 39, 40 X (26) DISCHARGE STRUCTURES X X X X X X (27) CLEARED AREAS USED BY AIRCRAFT X 9,10,12,13, 23,,37,39, 43, 45 X X X X
APPENDIX D – PERMITTING PROCEDURES
Page D-4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Footnotes:
a) Mile 19 private ramp does not require a permit unless hardening or other development is requested in the Preserve.
b) Mile 10 public ramp is in the process of being purchased for public use. Hardening of the ramp is not expected at
this time.
c) Projects proposed to protect riparian uplands, either private or public property, adjacent to Preserve water bodies,
must conform to the requirement in statute that the natural salmon spawning and rearing habitats be protected and
sustained in perpetuity. Riparian vegetation is essential for maintaining and sustaining critical rearing and spawning
salmon habitat, and all projects will be required to protect and/or sustain existing vegetation through protection,
replication, or substitution of like materials and substrates. Failure to obey these stipulations in permit, or to cause
damage to salmon rearing or spawning habitat, is a misdemeanor crime under AS 16.05.870 and
AS 41(11 AAC 21.025).
d) Fixed wing aircraft shall not land within the Chilkat River Critical Habitat Area (Council Grounds Unit).
e) Helicopters providing commercial services shall not land within the Preserve and must maintain a minimum
overflight altitude of 1,500 feet. Helicopters (whether or not providing a commercial service) shall not land within
the Critical Habitat Area of the Preserve without authorization from the DPOR Director.
General Provisions:
1) Use of riprap may be appropriate for large-scale public projects which are primarily transportation related. The use
of riprap for small-scale private projects may not be appropriate. Permittee is directed to contact ADF&G staff to
discuss possible alternatives to riprap placement as may be permitted under "Other Bank Protection/Restoration" in
the Permit Matrix. Bank protection/restoration structures shall be designed to withstand a 100-year flood.
2) Water related activities are more specifically managed under the "General and Specific Standards for Commercial
Operations", dated January 2002 and contained in this plan.
3) Commercial facilities may not be placed on uplands within the Preserve.
4) Industrial facilities may not be placed on uplands within the Preserve.
5) Dredging and filling activities are not permitted except for public transportation projects and other public recreation
projects as otherwise authorized.
DEFINITIONS
Definitions of terms used within the permit matrix:
ATV: ATV's (all terrain vehicles) are defined as those vehicles commonly called four
wheelers, three wheelers, motorbikes, and some small tracked vehicles and
designed for off-road travel.
ATV use: The use of an ATV for its designed purpose.
Bulkhead: A vertical wall structure that is usually constructed parallel to the waterfront.
Cantilever dock: Is a type of dock that extends from an abutment on the shore over the water
body at a height above the water body that will allow access to the water body
or vessel. No portion of this type of dock is in contact with the water.
APPENDIX D – PERMITTING PROCEDURES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page D-5
Cleared Areas Used An area that has been cleared for the purpose of landing aircraft.
By Aircraft
Discharge structure: A structure that is designed to discharge materials including but not limited to
water, waste products, and effluent into a water body.
Dredge and fill: Activities that include removal of sediment, soil, or other material and the
subsequent deposition of the same.
Dock: A structure that is placed on or over a body of water for the purpose of gaining
access to a water body or a vessel that is in the water body.
Floating dock: A dock that floats on the water. A floating dock is connected to the shore and
does not have supporting structures that extend to or in the bed of the water
body.
Intake structure: A structure that is designed for the intake of water from a water body for many
purposes including but not limited to: personal use; irrigation; public and
private facilities and businesses.
Other bank Any bank protection/restoration technique other than a bulkhead.
protection/restoration:
Pile dock: A dock that is constructed of vertical columns of material (piles) that extend
from the dock to the bed of the water body for the purpose of supporting the
dock. It is a dock that has supporting structures that are placed into, or rest on,
the bed of the water body.
Private ramp: A ramp that is constructed and used by an individual or group of individuals on
privately owned property.
Public ramp: A ramp that is used by the general public and is constructed on public property.
Ramp: A sloped area that aids in the launching of boats from a vehicle or trailer.
Riprap: Riprap is defined as large rock material that is typically placed at the toe or on
the slope of an eroding bank or slope in order to stop current erosion and to
prevent future erosion.
Structure: Something that is constructed (built).
Water related Water related activities are defined as those occurring in and on the waters of
activities: the State of Alaska within the Preserve, and are authorized to operate under
permit from DPOR.
APPENDIX D – PERMITTING PROCEDURES
Page D-6 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
STRUCTURE AND USE PERMIT CONDITIONS
A. General Conditions
General conditions apply to all allowable uses and structures identified in the Structure
and Use Permit Matrix.
1. This permit does not obviate the need for applicable permits from other state,
federal, or local agencies that have jurisdiction.
2. All structures and uses shall conform to all applicable federal, state, and local
permits.
3. The structure or use shall be located at least 330 feet from a bald eagle nest, feeding
area, or overwintering area. The distance can be reviewed and adjusted on a case-
by-case basis.
4. Structures and uses shall be located, designed and maintained so that natural water
circulation patterns are not interrupted unless the changes are an integral part of the
project purpose.
5. Structures and uses shall be evaluated in consideration of the public need, overall
number, density and proximity of similar structures.
6. Other than those activities that are traditionally allowed within the Preserve, all
other commercial and industrial activities shall be conducted on private uplands, not
within the Preserve.
7. Subdivisions shall be constructed on private uplands only.
8. Structures or uses shall not be allowed if they are contrary to the laws governing the
Preserve or if inconsistent with the management guidelines of the Management
Plan.
9. All uses and structures are to be sited so as to avoid or preclude adverse impacts to
the wildlife (including critical and sensitive habitats), resources, and lawful uses
within the Preserve.
10. All material to be placed below the Ordinary High Water Mark (OHWM) of
Preserve waters shall be free of pollutants.
11. All permitted structures shall be properly maintained.
APPENDIX D – PERMITTING PROCEDURES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page D-7
12. If a structure is no longer used by a permittee or falls into a state of disrepair, the
structure shall be removed in its entirety by the permittee, their successor, or the
successive owner of the affected property. The site shall be returned as nearly as
possible to prior grade and contour. This may include regrading and revegetation of
the shoreline or stream bank.
13. All temporary fills must be removed in their entirety and the site revegetated if
appropriate.
14. Permitting agencies may vary from the stated requirements of the Preserve Plan if
habitat, public safety, and river water quality are protected, and if the management
intent of the management unit within which the permit is to be issued is maintained.
The revisions must be in the best interest of the Preserve management objectives,
meet the underlying requirements of the permit guidelines and not impact sensitive
or critical habitats. Also, effect of this action must be consistent with the
management intent for the management unit within which the proposed structure is
to be permitted. In no instance shall the permitted project vary from a stipulated
plan requirement unless a plan amendment is authorized. All proposed changes to
permitted uses or structures shall be reviewed by the ADF&G and DNR before the
proposed changes occur.
15. Commercial mining and mineral extraction shall not be authorized within the
Preserve.
B. Special Conditions
The following conditions shall be employed as indicated in the Use and Structure Permit
Matrix.
1. Dredging and filling of wetlands is not authorized within the Preserve except for
large-scale DOT/PF public transportation projects and other public transportation or
recreational projects as otherwise authorized. All such projects must be reviewed
and authorized by DNR and ADF&G.
2. Dredging and filling operations for private purposes are not authorized within the
Preserve.
3. Septic system setbacks for public projects and other public recreation projects must
meet state water quality standards administered by ADEC and any local ordinance
requirements.
4. Uses and structures related to public projects or other public recreation projects
shall conform to the ADEC regulations concerning waste disposal sites.
APPENDIX D – PERMITTING PROCEDURES
Page D-8 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
5. ATV use off the established road system is restricted in and across anadromous
streams and within the Chilkat River Critical Habitat Area (Council Grounds) by
ADF&G within the Preserve as per AS 16.05.870 and AS 16.20.585.
6. Winter use of snowmobiles (when there is adequate snow cover of at least one (1)
foot) is allowed on public lands unless otherwise restricted under 11 AAC 21.020
and authorities related to the Chilkat River Critical Habitat Area. This does not
affect vehicle use on private property or on designated trails and access routes.
7. Parking lots are incidental to other public facilities that are authorized in the
Preserve. Private parking lots are not authorized in the Preserve.
8. Gravel removal is only allowed for public transportation projects or public
recreation projects. All such projects must be authorized by DNR, ADF&G, and
other permitting agencies with jurisdiction.
9. Appropriate erosion control measures shall be implemented between all excavation
or fill areas and any water body.
10. Surface disturbance including disturbance to wetland areas shall be minimized.
11. All disturbed slopes shall be stabilized to prevent soil erosion and sedimentation of
any water body.
12. Construction equipment shall be limited to the construction site or permitted area
only.
13. Vegetation below the OHWM shall not be disturbed or altered except for that
necessary for the construction of the dock and walkway structures.
14. All floating docks shall be seasonal temporary structures.
15. Floating and cantilever docks shall not be installed before April 15, and shall be
removed by October 1.
16. Docks and other structures shall not infringe on important recreational areas of the
river, critical or sensitive habitats, or conflict with the lawful uses of other private
properties. A structure will not be permitted if it causes significant impacts to the
resource or it increases water velocities greater than 5 fps (feet per second).
17. Styrofoam or other floatable, non-toxic material may be used for floating docks
providing the flotation materials are contained in some manner to protect the
material from breaking up and being released into the waters of the Preserve.
18. Barrels used in the construction of floating docks shall be cleaned and sealed to
prevent the escape of hazardous material into the waters of the Preserve.
APPENDIX D – PERMITTING PROCEDURES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page D-9
19. No pilings or walkway supports shall be placed below the OHWM or in the bed of
the river or stream on Preserve land.
20. Floating docks, landings, gangways, steps and ladders, and similar structures, with
at least 75 percent light penetration, must be constructed so that no part other than
the supporting posts, are within 8 inches of the ground. Structures with less than 75
percent but a minimum of 25 percent light penetration must be constructed so that
no parts, other that the supporting posts, are less than 18 inches off the ground.
21. Structures shall be designed to effectively secure moored vessels and avoid creating
hazards to river or air navigation.
22. Non-treated or pressure treated building materials are required. Creosote-treated
material shall not be used in contact with the waters of the Preserve. If treated with
wood preservatives, the dimensional lumber shall not be treated with products
containing creosote or pentachlorophenol.
23. Ditches shall not connect to any natural body of water.
24. Settling ponds and vegetated swales shall be used to maintain water quality on
public projects if deemed necessary to protect Preserve resources. A strict
maintenance schedule shall be planned and undertaken.
25. Use of water below a significant amount, as defined by 11 AAC 93.970 (14), for
use is allowed without a permit from the DNR. All significant water uses are
subject to permit review and authorization by the DNR, Division of Mining Land
and Water.
26. Water withdrawal shall not reduce the stream flow or lake level below the level
necessary to support anadromous and resident fish, and the watercourse must not be
blocked to impede fish passage.
27. Any water intake structure in fish bearing waters, including a screened enclosure,
well point, sump, or infiltration gallery, must be designed, operated, and maintained
to prevent fish entrainment, or injury at the maximum diversion rate and permitted
by ADF&G.
28. Water bodies shall not be altered to facilitate water diversion or distributed in any
way unless specifically authorized by ADF&G and the appropriate land manager
for placement of well points, sumps, or infiltration galleries. ADF&G and DNR (or
the applicable land manager) will be notified at least three working days prior to
any disturbance. Additional correctible measures may be stipulated under agency
statutory and regulatory authorities.
APPENDIX D – PERMITTING PROCEDURES
Page D-10 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
29. In-water activity will be limited to placement and removal of the intake structure
only.
30. The suction hose at the water extraction site must be clean and free from
contamination at all times to prevent introducing contaminates to the water body,
and should be in water of sufficient depth so that the stream sediments are not
disturbed during the extraction process.
31. Water shall not be discharged at a rate resulting in erosion, sedimentation, or other
distributions to the bed of the Preserve waters. Discharge to Preserve waters is not
authorized.
32. All disturbed areas below the OHWM shall be revegetated within the next growing
season. Natural revegetation of the site is acceptable if the site is suitable and will
revegetate itself within the next growing season, this will be determined by the
DNR and ADF&G.
33. Vessels may be refueled from the permitted dock as needed. The storage of
petroleum products on the dock is not permitted.
34. Fuel, oil and other petrochemical products shall not be stored within 100 feet of the
river for permitted dock structures and other authorized uses.
35. Culverts shall be installed to maintain natural surface drainage, and shall not pose
an impediment to fish passage. Stream velocities within the culvert shall not
exceed 5 fps.
36. All fill material for private permitted structures shall be obtained from an upland
source or other approved site.
37. Only those materials authorized as part of a permitted structure may be used in the
construction of the structure. Those materials adjacent to the permitted structure
may not be used unless otherwise authorized by DPOR.
38. All excess material from the permitted structure shall be placed on an upland site
and stabilized to prevent erosion and sedimentation of Preserve waters.
39. No equipment shall be operated within the waters of the Preserve without proper
authorization from ADF&G (AS 16.05.870) and DNR (11 AAC 21.025).
40. The Alaska Historic Preservation Act (AS 41.35.200) prohibits the appropriation,
excavation, removal, injury, or destruction of any state-owned historic, prehistoric
or archeological resources of the state. Should any sites be discovered during the
course of field operations, activities that may damage the site will cease and the
Office of History and Archeology in the Division of Parks and Outdoor Recreation
[(907) 762-2622] and the appropriate coastal district shall be notified immediately.
APPENDIX D – PERMITTING PROCEDURES
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page D-11
41. Other public rest areas may be approved after review and authorization by the
ADF&G and the DNR.
42. The use or structure shall not be located in an important spawning or rearing area,
or in the Chilkat River Critical Habitat Area.
43. Bank disturbance (of soil and vegetation) shall be minimized to the greatest extent
possible.
44. A structure will not be permitted if it causes significant impacts to the resource or it
increases water velocities greater than 5 fps.
45. Bank protection/restoration measures may be used in areas where active bank
erosion is occurring or where potential erosion may occur and jeopardize land or
structures. Such stabilization methods may be authorized by DPOR and are subject
to the permit conditions as outlined in the permit matrix. Applicant is directed to
contact the ADF&G office for guidance on selecting the appropriate stabilization/
restoration method(s).
46. The bank protection/restoration measures shall not be designed so as to reclaim land
from the waters of the Preserve.
47. No material shall be removed from the waters of the Preserve, except for that which
is necessary to provide a flat base for the toe of the structure.
48. The structure shall not impede bank access under the bridge.
49. Aircraft (fixed wing or helicopter) landings in the Chilkat River Critical Habitat
Area (Council Grounds Unit) are prohibited unless authorized by the director under
11 AAC 21.120 (11 AAC 21.020).
50. Reserved.
APPENDIX E – COMMUNITY RECREATION SURVEY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page E-1
RESULTS OF COMMUNITY RECREATION SURVEY
HAINES AREA – SPRING, 2001
Community residents were asked (Spring, 2001) to complete a survey on community recreation and
perceptions related to commercial recreation. The survey was sent to each of the communities within
the planning boundary of the Northern Southeast Area Plan.
The level of response varied by community, with the response level for Haines being especially high.
Some 248 surveys were received. Surveys were sent to each Post Office box-holder in Haines. It
should not be inferred that the results of this survey are statistically relevant since rules of sampling
and survey quality were not observed in their entirety. However, the results do give an indication of
community recreation patterns and perceptions.
Note: the survey also went to Skagway residents and results are included in these totals.
Q1. Where do you recreate. (Respondents were given a map and asked to indicate the location. To
expedite understanding the surveys were grouped into general geographic units, which follow). The
number of respondents using each area is given.
• Chilkat River Systems (89)
• Chilkat Inlet (23)
• Chilkoot River/Inlet/Lake (62)
• Taiya Inlet/Skagway (8)
• Chilkat Peninsula (59)
• Lynn Canal (7)
Q2. What is the primary recreation use broken down to general area. Keep in mind that each
respondent identified up to three sites, so the figures for each use are going to be considerably higher
than the number of surveys.
Chilkat River System
Use
Total Chilkat Peninsula
Use
Total
Public Cabins/Campgrounds 16 Public Cabins/Campgrounds 18
Private Cabin 46 Private Cabin 11
Wildlife Viewing 166 Wildlife Viewing 112
Scenic Viewing 157 Scenic Viewing 135
Saltwater Fishing 16 Saltwater Fishing 41
Freshwater Fishing 145 Freshwater Fishing 11
Boating: non-motorized (kayak, etc.) 69 Boating: non-motorized (kayak, etc.) 46
Boating: motorized 90 Boating: motorized 36
Photography 135 Photography 84
Cross Country Skiing 69 Cross Country Skiing 25
Snowshoeing 54 Snowshoeing 38
Bicycling 36 Bicycling 20
Camping 103 Camping 50
Hunting 125 Hunting 13
Hiking/Backpacking 91 Hiking/Backpacking 105
Picnicking 106 Picnicking 110
Cultural/Historical Sites or Centers 21 Cultural/Historical Sites or Centers 6
APPENDIX E – COMMUNITY RECREATION SURVEY
Page E-2 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
(It should be noted that Glacier Point constituted only 35% of the sites identified within the Chilkat
Inlet as a place for residential recreation.)
Q4. Is commercial recreation present in the area(s) where community recreation occurs?
• Yes, 205
• No, 41
Q5. Are these commercial recreation activities intrusive?
• Yes, 110 (45%)
• No, 136 (55%)
Q6. Identify three primary areas where commercial recreation activities that are intrusive occur. The
number of responses for each site is given. (It should be noted that 90% of the responses for Chilkat
Inlet/Lynn Canal refer to Glacier Point as being an area with intrusive activity).
• Chilkat River System (89)
• Chilkat Inlet/Lynn Canal (49)
• Chilkoot River/Inlet (80)
• Taiya Inlet/Skagway River (10)
• Don’t know, 7 ∙ Occurs throughout the area, 49
(It should be noted that these figures are low because many people did not respond to this part
of the question).
Chilkat Inlet Chilkoot River/Inlet
Public Cabins/Campgrounds 2 Public Cabins/Campgrounds 25
Private Cabin 6 Private Cabin 11
Wildlife Viewing 50 Wildlife Viewing 127
Scenic Viewing 52 Scenic Viewing 126
Saltwater Fishing 43 Saltwater Fishing 58
Freshwater Fishing 4 Freshwater Fishing 108
Boating: non-motorized (kayak, etc.) 35 Boating: non-motorized (kayak, etc.) 70
Boating: motorized 31 Boating: motorized 77
Photography 36 Photography 95
Cross Country Skiing 11 Cross Country Skiing 40
Snowshoeing 6 Snowshoeing 29
Bicycling 5 Bicycling 48
Camping 30 Camping 53
Hunting 16 Hunting 42
Hiking/Backing 33 Hiking/Backing 65
Picnicking 35 Picnicking 94
Cultural/Historical Sites or Centers 4 Cultural/Historical Sites or Centers 34
APPENDIX E – COMMUNITY RECREATION SURVEY
Chilkat Bald Eagle Preserve Plan SEPTEMBER 2002 Page E-3
Q7. Identify the primary commercial recreation activities that are taking place.
Chilkat River System
-- Primary Intrusive Activities
Chilkat Inlet/Lynn Canal
-- Primary Intrusive Activities
Kayaking, Canoeing, Rafting 33 Kayaking, Canoeing, Rafting 21
Hunting 3 Hunting 9
Wildlife/Scenic Viewing 26 Wildlife/Scenic Viewing 17
Saltwater Fishing Charters 1 Saltwater Fishing Charters 11
Freshwater Fishing Charters 8 Freshwater Fishing Charters 7
Motorized Use (ATV's) 11 Motorized Use (ATV's) 17
Motorized Use on Water 28 Motorized Use on Water 23
Flight Seeing/Transportation 19 Flight Seeing/Transportation 52
Chilkoot River System
-- Primary Intrusive Activities
Chilkat Peninsula
-- Primary Intrusive Activities
Kayaking, Canoeing, Rafting 32 Kayaking, Canoeing, Rafting 8
Hunting 5 Hunting 0
Wildlife/Scenic Viewing 40 Wildlife/Scenic Viewing 13
Saltwater Fishing Charters 1 Saltwater Fishing Charters 0
Freshwater Fishing Charters 14 Freshwater Fishing Charters 0
Motorized Use (ATV's) 17 Motorized Use (ATV's) 9
Motorized Use on Water 35 Motorized Use on Water 5
Flight Seeing/Transportation 26 Flight Seeing/Transportation 18
Q8. What is the overall severity? (On a scale 1 to 10, with 10 being most severe)
• Chilkat River System, 7
• Chilkat Inlet, 8
• Chilkoot River/Inlet, 8
• Chilkat Peninsula, 6
Q9. What were the principal problems associated with the commercial recreation activity?
Chilkat River System
-- Principal Problems
Chilkat Inlet/Lynn Canal
-- Principal Problems
Noise 49 Noise 52
Anchorage Capacity 2 Anchorage Capacity 10
Displacement of Previous Activities 37
Displacement of Previous
Activities 35
Safety 26 Safety 14
Scenic Degradation 30 Scenic Degradation 34
Overcrowding 40 Overcrowding 29
Depletion of Resources 16 Depletion of Resources 13
Disturbance of wildlife 49 Disturbance of wildlife 41
Level of Use Too High 41 Level of Use Too High 46
APPENDIX E – COMMUNITY RECREATION SURVEY
Page E-4 SEPTEMBER 2002 Chilkat Bald Eagle Preserve Plan
Q10. Is increased management of commercial recreation warranted/appropriate?
• Yes, 131 (53%)
• No, 115 (47%)
Chilkoot River/Inlet
-- Principal Problems
Chilkat Peninsula
-- Principal Problems
Noise 44 Noise 26
Anchorage Capacity 8 Anchorage Capacity 0
Displacement of Previous
Activities 47
Displacement of Previous
Activities 19
Safety 34 Safety 4
Scenic Degradation 47 Scenic Degradation 12
Overcrowding 67 Overcrowding 16
Depletion of Resources 15 Depletion of Resources 1
Disturbance of wildlife 65 Disturbance of wildlife 15
Level of Use Too High 68 Level of Use Too High 14
Other Other