JUNEAU-Last week, the Legislature unanimously passed Senate Bill 148, sponsored by Senator Peter Micciche (R-Soldotna), which clarifies state law to exclude the Port and Harbor of Homer from the Kachemak Bay Critical Habitat Area (KBCHA). The bill was the first to pass the Legislature in 2014.

“The KBCHA provides critical protection for the incredible natural resources of Kachemak Bay; the very foundation of Homer and the Lower Kenai Peninsula’s local economy, lifestyle, and unique quality of life,” said Senator Micciche. “The passage of Senate Bill 148 greatly improves environmental protection in Kachemak Bay and Lower Cook Inlet by providing safe harbor and protection for the over-winter mooring, maintenance, repair and emergency services of oil and gas exploration and support vessels and related equipment.”

Homer is the only year-around ice free, deep water port in Cook Inlet. The facility has been designated as a Port of Refuge by the U.S. Coast Guard and maintains the assets required to improve marine safety, enhance environmental protection and respond to emergencies at sea.

SB 148 clears up the discrepancy between the Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan and the state law establishing the KBCHA. The Plan included specific language excluding municipal lands and harbor areas within the critical habitat areas, such as the Port of Homer from the KBCHA.

However, the associated state statute failed to codify the exemption which created questions about the enforceability of the municipal lands exemption and the Alaska Department of Fish and Game’s (ADF&G) ability to permit certain legitimate activities at the port.

“SB 148 supports the Homer community and the unanimous vote of the Homer City Council to permit the usage of Homer’s Port as originally intended. The City of Homer has experienced costly and time-consuming permitting hurdles for construction projects in the port and harbor, including projects simply replacing existing harbor infrastructure,” said Senator Micciche. “The bill removes hurdles that are impractical and inefficient for a large municipal port and harbor facility, however also ensures that activities conducted at the Homer Port and Harbor remain subject to all applicable state and federal statutes and regulations governing ports in environmentally valuable marine waters”.

Senate Bill 148 now heads to Governor Parnell for his signature.

Source: Alaska State Legislature