Now Duck and Karen Hess want the state to lift seasonal restrictions on their permit to operate the tours on the Chilkat River -- an action critics say would disrupt critical salmon spawning habitat within the Chilkat River Bald Eagle Preserve.

The state parks division is expected to grant a permit to the owners of Chilkat River Adventures that would allow them to operate their twin-engine, 150-horsepower boats over salmon spawning beds and certain channels in the upper Chilkat River during periods of spawning, emergence and migration.

The state currently allows the company to send its boats into the upper river between June 1 and Sept. 1 -- the height of tourist season. This spring, the owners got the support they needed from the Alaska Department of Natural Resources.

"We just want to run our business. You shouldn't have to worry about someone putting you under the microscope when you are trying to run a business," said Karen Hess, who also is president of the Haines Chamber of Commerce.

The Alaska Department of Fish and Game imposed the seasonal jet boat limits in 2000 and has sponsored several related studies on the river. The department opposes the proposed rollback.

"I'm not going to criticize (the Department of Natural Resources') position, but we feel it's better to be cautious and not make a mistake. I think the restrictions we had were reasonable," said Rocky Holmes, the chief sportfish management biologist for Southeast Alaska.

His department doesn't have the voice in permitting that it had a year ago. Last year, in an executive order, Gov. Frank Murkowski eliminated Fish and Game's authority to regulate activities in fish streams and rivers.

Murkowski got rid of the department's habitat division and transferred it to the Department of Natural Resources.

Many in Haines are closely tracking the issue.

"We really believe that the law is clear that this preserve is for research and protecting a unique and outstanding habitat," said Nancy Berland, an environmentalist with Lynn Canal Conservation. She said her nonprofit organization may challenge the permit, as currently proposed.

But Haines tour operators said they are encouraged by the state's looser stance on commercial activities in the preserve.

"Taking people into the eagle preserve is one of the main sources of income for the community," said Bart Henderson, owner of Chilkat Guides, which runs float trips on the river.

Commercial fishermen are anxious about the future of the 40-mile-long Chilkat, one of the most productive salmon rivers in the northern Panhandle. All five species spawn in the river.

"They are putting the fishery at risk, possibly," said Norm Hughes, a Haines fisherman and vice president of the United Southeast Alaska Gillnetters.

The United Fishermen of Alaska and the Alaska Trollers Association have also criticized the proposed rollback, saying the state shouldn't allow any activity inconsistent with the protection of spawning and rearing salmon habitat.

In an exchange between state agencies in March, the Department of Natural Resources essentially told the state park system that it could not recommend seasonal restrictions on jet boats on the upper river "based on the literature available for our review."

If Fish and Game wants to pursue the issue further, the department suggested conducting an additional field study on salmon egg mortality directly caused by jet boats in the Chilkat River. A habitat biologist who issued the opinion, Jackie Timothy, said she is now even more assured that salmon eggs in the areas currently subject to seasonal restrictions will be fine.

Timothy said Chilkat Adventures can't harm the salmon eggs because they can only operate in the upper river at certain water depths.

But Fish and Game biologists said the Department of Natural Resources may have misapplied some research conducted elsewhere on jet boats in spawning beds.

"Those studies were conducted with 40-horsepower engines," said Randy Erickson, a Haines-based Fish and Game biologist.