CITY OF HOMER

Beck

HOMER, ALASKA

RESOLUTION 04-75(A)

A RESOLUTION OF THE CITY COUNCIL REQUESTING THE ALASKA DEPARTMENT OF FISH AND GAME (ADFG) TO EXISTING POLICY REGARDING ON BOTTOM AQUATIC FARMING IN CRITICAL HABITAT AREAS.

WHEREAS, Kachemak Bay Critical Habitat was closed to on-bottom mariculture in 2001 after extensive public input and scientific review; and

WHEREAS, ADFG reports healthy populations of hardshell clams in Kachemak Bay (Source: Charles Trowbridge and Nicky Szarzi, Homer Office of ADFG); and

WHEREAS, There is a long term history of sustainable harvest of clams in Kachemak Bay; and

WHEREAS, ADFG indicates the hardshell clam resource in Kachemak Bay is fully allocated and fully utilized; and

WHEREAS, Clams in Kachemak Bay are currently harvested by commercial, recreational and personal use diggers from around Alaska; and

WHEREAS, Areas leased to private entities for on-bottom mariculture would be closed to clam harvest by the public; and

WHEREAS, The Alaska Constitution specifies that, "Wherever occurring in their natural state fish, wildlife and waters are reserved to the people for common use (Article 8, Sec. 13)"; and

WHEREAS, The Alaska Constitution specifies that, " No exclusive right or special privilege of fishery shall be created or authorized on the natural waters of the State (Article 8, Sec 15)"; and

WHEREAS, Predator nets used in on-bottom clam farming prevent public access to common property resources, including clams and other marine life that settle and grow to harvestable size after a beach is leased; and

WHEREAS, Existing users provide a positive economic benefit to the City of Homer and Kachemak Bay region; and

Page Two

Resolution 04-75(A)

City of Homer

WHEREAS, The Kachemak Bay and Fox River Flats Critical Habitat Areas were established by the Alaska Legislature "to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife and to restrict all other uses not compatible with that primary purpose" (Source: Kachemak Bay Critical Habitat Management Plan); and

WHEREAS, The Kachemak Bay and Fox River Flats Critical Habitat Areas were closed to on-bottom mariculture in 2001 afer extension public input and scientific review, because on-bottom mariculture was found to be an incompatible use; and

WHEREAS, On-bottom mariculture requires management methods that eliminate feeding areas for marine fish, mammals, birds and invertebrates; and

WHEREAS, Ample areas outside of the Critical Habitat Area are open to on-bottom mariculture.

NOW, THEREFORE, BE IT RESOLVED that the Homer City Council hereby requests the Alaska Department of Fish and Game to maintain the existing policy and the process that created that policy regarding on bottom aquatic farming in critical habitat areas; and

BE IT FURTHER RESOLVED that the Homer City Council does not support any proposed changes to 5AAC 95.300 and 5AAC 95.610 allowing on bottom aquatic farming in critical habitat areas."

PASSED AND ADOPTED by the City Council of Homer, Alaska this 23rd day of August, 2004.

CITY OF HOMER

_______________________

JACK CUSHING, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: NA