A trio of float houses sit serenely on the Stikine River in June. The vessels are among a group of 18 on the river which the Department of Natural Resources has targeted for unauthorized siting.
A number of Petersburg and Wrangell residents have been receiving letters from the state, informing them their float houses anchored along the Stikine River need to be permitted or moved.
Since the late 1970s, the placement of float houses and temporary cabins along the river have made it convenient for locals making use of the river basin, be it for subsistence fishing, hunting, trapping, work or recreational purposes. While a number are there on a seasonal basis, this year some 18 have been identified as being situated year-round, and the Department of Natural Resources last month began issuing letters to their owners informing them these were unauthorized.
The primary reason for the sudden interest in the river's float houses follows the recent resolution of a longstanding jurisdictional dispute between DNR and the United States Forest Service, which manages the Tongass National Forest the Stikine is a part of. It began in 2005, when the state filed an application for a Recordable Disclaimer of Interest under the Federal Land Policy and Management Act of 1976, which would apply to lands underlying the Stikine River and its interconnecting sloughs. As the river runs through the Tongass, USFS filed an objection to that in 2007, arguing that portion of the river had been reserved to federal jurisdiction when Alaska achieved statehood.
Eventually, in a letter to the Bureau of Land Management's Alaska office sent on March 9, USFS regional head Beth Pendleton withdrew its objection in part, though the service maintained its objection where sloughs were concerned. With jurisdiction thus clearly defined, the state this year proceeded to look into current use along the river.
"When it was being contested it didn't make sense to address it then," explained Rob Edwardson, Southeast regional manager for DNR's Division of Mining Land and Water.
"The issue itself is that certain types of use require authorization to use state land. Long-term use of state land requires an authorization from this department. And these facilities do not have that authorization," he said.
A total of 18 letters have been issued so far, informing owners their floating facility is not authorized to be situated on state-owned tidal and submerged lands.
"There may be as many as 24," said Edwardson. "There's a lot that we don't know about because we haven't surveyed the river ourselves. There have been site visits by this office, but it's been quite awhile."
The number of letters corresponds with those identified as year-round fixtures in a 2015 inventory taken by the USFS Wrangell Ranger District. The report did not identify ownership of the vessels, so DNR worked with a combination of local law enforcement and other agencies to make those determinations.
"We get the information from people who've been there. Any number of different places," Edwardson explained.
The DNR's letters were not issued at the same time, and not all facility owners have yet been contacted.
"I have not received one yet," said Dave Powell, a Wrangell resident.
Others spoken to for this article have expressed a wariness of the state's intentions, and have preferred to wait and see how it responds to this situation.
Float owners are given the option to apply for authorization within 30 days of issuance of the letters, which requires a $100 nonrefundable filing fee. As of late last week, Edwardson was not aware if any permit applications having been received. If the letters go unanswered by December 4, they warn float owners of potential legal action, the costs for which they may be held responsible.
"There are different paths from there," he said. "One is to negotiate with the unauthorized user to terminate the unauthorized use. That could mean their departure from there or, if it could be authorized, we could authorize that after the fact."
The likelihood of receiving permission varies on the individual circumstances, with all land use decisions guided by the Central/Southern Southeast Area Plan.
"There are a lot of different factors that go into whether or not we grant an authorization, but one of the main controlling factors is the area plan," Edwardson explained. Within his office's purview, seasonal and year-round use for floating facilities has been authorized. "It depends on the area. It depends on the proposed use."
Adopted in 2000, under the area plan floating facilities generally would not be authorized when adjacent to designated wilderness, such as the Stikine-LeConte area. They may be authorized in wilderness and other ecologically sensitive areas "if it is determined that the permitting of a floating facility is in the best interest of the state," and conforms to applicable management guidelines and standards.
If getting authorization for long-term placement is not possible, shorter-term placements are possible under current rules. Under area plan guidelines, non-commercial floating facilities only require an authorization to be on state land if moored or anchored in one location for a period of 14 days or more. Moving the floating facility at least two miles starts a new 14-day period. Commercial floating facilities always require authorization before occupying state tidelands.
"It'll be a major pain in the ass to move these things around," one Wrangell float owner commented. Because of the ongoing issue, he asked not to be named in this article.
Former float house owner Gary Allen Sr. pointed out the decision could hamper activities during the month-long moose season in September and October, when a number of hunters head upriver whenever they can. Families also have through years of use established hunting grounds and fishing spots, which the required mobility would make difficult to maintain.
Another problem users noted is that the structures themselves also tend to be cumbersome to maneuver, and river levels coupled with weather conditions can make repositioning floats a tricky business.
"The river level is really dynamic, and fluctuates a lot," said Brenda Schwartz-Yeager, a Wrangell outfitter who travels the Stikine often.
Like other float house users, she said her family's facility is primarily used for their subsistence fishing, hunting, and trapping, but also doubles as an emergency shelter for people on the river. Schwartz-Yeager also pointed out that there are a limited number of places suitable to safely anchor a float.
"It will change things a lot for us, because we've had use of that float house for around ten years," she commented.
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