Legislature(2003 - 2004)
04/28/2003 03:33 PM Senate RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 88-FOREST RESOURCES & PRACTICES STANDARDS
MR. BRIAN HOVE, staff to Senator Seekins, sponsor of SB 88, gave
the following sponsor statement.
This bill revises the riparian management standards of
the Forest Resources Practices Act (FRPA) for Region
III by strengthening protection for fish habitat and
water quality in a manner that continues to support
both the timber and fishing industries.
The current standards for Region III were adopted as
an interim measure in the 1990 revision of the Act.
Under these standards, harvesting can occur up to the
bank of anadromous waters on both public and private
land under some conditions. With the proposed bill,
all anadromous and high-value resident fish waters are
classified and riparian standards are established for
each classification.
The requirements are tailored to the characteristics
and fish habitat needs of each stream type. A no-
harvest buffer will be required on most anadromous and
high-value resident fish waters. However, along
glacial rivers where some of the most valuable timber
occurs, the standards allow harvest of up to half the
large white spruce in the landward half of the buffer.
This allows landowners to capture some of the economic
value within the riparian areas while keeping enough
large trees to provide woody debris.
This bill is not a wholesale revision of the Act. It
has substantive changes for riparian management
standards applying to Region III only. Other technical
revisions include changes to the statewide
nomenclature for water body classes to prevent
confusion between water body types in different
regions. The bill also moves definitions of regional
boundaries from the regulations to the Act and makes a
minor change to the regional boundary on the Kenai
Peninsula to better match the difference between
forest types. Most forestland in the affected area is
in federal ownership, so there will be minimal impact
on other landowners.
SB 88 helps ensure that the FRPA continues to be
certified for compliance with federal Clean Water Act
and coastal zone management requirements. This means
that the Act continues to provide 'one-stop shopping'
for the timber industry with respect to state and
federal non-point source pollution and coastal
management standards.
This bill is founded on the best science available
including an extensive review of existing research and
recommendations of an interdisciplinary Science &
Technical Committee. The committee included
experienced field staff from the state resource
agencies and private sector as well as the University
of Alaska and federal scientists.
MR. HOVE offered to answer questions and noted Mr. Jahnke was
present and Marty Freeman was on line to answer questions.
CHAIR OGAN asked Mr. Jahnke to testify.
MR. JEFF JAHNKE, Director of the Division of Forestry,
Department of Natural Resources (DNR) and the presiding officer
for the Board of Forestry, gave the following background on how
this legislation was developed.
This bill is a response to a Board of Forestry request
to review the Forest Practices Act in 1996. We began
that review in Region 1, which is the coastal region
that encompasses most of coastal Alaska. This is the
second step. That actually resulted in a change to the
Forest Practices Act in 1999.
The second step of that - we moved to the Interior and
this review was completed...in 2001. This is the
second session that this bill has been...brought
forward. We really thank Senator Seekins for
sponsoring this bill.
CHAIR OGAN commented this bill is the result of a consensus that
was worked out.
MR. JAHNKE noted members of the fishing industry, fish, wildlife
and timber scientists, and the environmental community agreed
upon this bill. He continued:
This bill was developed the same way the Region 1 was.
We started with a science committee basically that put
together the science of catching the fisheries
management and riparian zone management. Following
that, an implementation group was put together to look
at the results of a science group to make sure that
things could be done on the ground - that it would
actually work. In following that, of course the Board
of Forestry reviewed it at length and what's before
you is pretty much the result of all three reviews.
A couple of important points - it's a science-based
bill. It's a science-based proposal. It has very good
scientific background and it has, like I said earlier,
[the support] of a broad range of industry, fisheries,
environmental groups, the Board of Forestry, etcetera.
This act does three things to help ensure the goal of
the Forest Practices Act. First it provides adequate
protection for fish habitat in water quality and
supports the continuation of healthy timber and the
fishing industry. Second it helps to ensure that the
Forest Practices Act meets the water quality
requirements in the Clean Water Act in the coastal
zone management act and that's very important. The
third item that's probably worth mentioning is this
bill is, as you heard Marty mention earlier, this bill
is a one-stop shop for forestry activities. It meets
the requirements of the coastal zone, if in fact they
meet forest practices, and these changes help to
ensure that that continues to be the case.
Having said that, with the Chair's permission, I'd ask
Marty to go into the specifics and then we can take
questions then or we can do it now.
CHAIR OGAN noted that he does not plan to move SB 88 out of
committee today and that he would like to give priority to the
people who signed up to testify.
SENATOR ELTON asked if SB 88 is a replica of last session's HB
131.
MR. JAHNKE said it is.
CHAIR OGAN took public testimony.
MR. ALBERT PAGH told members he and his son have owned and
operated 4 Star Lumber in Fairbanks for 33 years. His father had
portable mills so he spent his childhood days living in the
forest. He said he can see no reason for this legislation. If
the purpose of SB 88 is to reduce erosion, he has observed that
if trees are left up to a stream bank, the soil under them is
worse off. The stream undercuts the tree, pulling the back roots
and a lot of soil from the bank. When trees are cut the sun
exposure allows new plants to grow, establishing root systems
and stabilizing the bank. [Much of Mr. Pagh's testimony was
inaudible due to transmission problems.]
MR. RICK SMERIGLIO of Seward stated support for SB 88. He has
been a member of the Board of Forestry for over five years and
watched this bill develop from an idea. He thanked the agencies,
particularly the Division of Forestry and Alaska Department of
Fish and Game (ADF&G), for all of the work they did. Local
residents of the Interior had an opportunity to provide input.
He said HB 131 came close to passing the Senate last year but
the Senate ran out of time. He said most of the testimony the
committee will hear will be supportive of SB 88. He pointed out
the Board of Forestry is on record in support of this
legislation. The requirement to have buffer zones has gained
acceptance in Southeast Alaska because they protect fish and
other riparian values. He believes it is a good idea to apply
the buffer zone requirement to northern waters. He said the
Board of Forestry has taken tours of the affected area in the
Interior. He has seen areas that have been logged to the stream
bank and areas with buffer zones. He believes the areas with
buffer zones are better served. He stated support for SB 88 and
asked members to take action on it as soon as possible.
CHAIR OGAN agreed that buffer zones are good. He said years ago
he was concerned about the woody debris in a creek behind his
home but was told by ADF&G that it provides good fish habitat.
MR. ERIC PYNE told members he has been involved in the timber
industry in Fairbanks since 1979.
CHAIR OGAN called an at-ease to address teleconference
transmission problems.
MR. PYNE continued his testimony. He has been involved in the
planning process. During that process, ADF&G stated the buffer
zones would simply be a starting point and not an end-all. The
Division of Forestry assured him that the buffer zones would be
in regulation and not just a starting point. As long as that is
the fact, he supports the bill as written.
MS. LESLIE GUSTAFSON, Salcha, said she is an owner of a timber
harvesting business. Her husband has harvested on the Tanana
River and lived there since 1968. They have been watching this
bill progress. They support SB 88 as is. She explained her
concern is that different segments have come to the table; she
does not want to see special interest groups come along and stop
logging. She would like to see regulations in place so that
loggers do not have to address each and every harvest or
redefine plans. She said she is a board member of the Alaska
Forest Association. She believes SB 88 will provide consistency
across the state.
MR. ROBERT OTT, Tanana Chiefs Conference (TCC), told members
that TCC supports SB 88. This legislation represents a lot of
work by many different groups. It protects fish habitat and
water quality standards mandated by the Forest Practices Act.
TAPE 03-35, SIDE A
MR. JAMES V. DREW, testifying from Fairbanks, said he recommends
favorable action by the legislature on SB 88. He said he has
watched the changes in the forestry issues in Alaska over 20
years as director of the Agriculture and Forestry Experiment
Station at the University of Alaska. He has also served as a
member and chair of the Alaska Reforestation Council. He
explained that riparian areas in Alaska's forests are of
interest to foresters, fishermen, and wildlife managers. The
lack of reasonable standards for forest management within these
riparian areas has led to inefficiencies in managing these areas
for wildlife habitat and timber production. SB 88 was developed
from input from two different working groups: the
interdisciplinary science and technical committee; and the
implementation committee, which involved a lot of people and
discussion. The Board of Forestry established both of those
committees. He said the bottom line is that SB 88 meets habitat
requirements for fish and allows limited harvesting of white
spruce and buffer strips to capture some of the economic values
within riparian zones. Last year, HB 131 underwent considerable
review by the natural resources committee of the Fairbanks
Chamber of Commerce. That committee recommended the bill. He
strongly supports SB 88.
MS. JAN DAWE, Alaska Boreal Forest Council director, stated
support for SB 88 because it represents such an exemplary
process. It provides industry and the entire community with the
confidence that the Forest Practices Act is being competently
administered for conditions specific to the region north of the
Alaska Range.
MR. CHRIS STARK, a fisheries biologist on the Board of Forestry,
told members he is also representing the environmental community
on the Tanana Valley State Forest. He said he is also
representing and working for the Bering Sea Fisheries
Association, Yukon River Fisheries Development Association, and
a few other small non-profit organizations. He said his
associations are happy to support this bill primarily because it
is scientifically based and establishes a buffer zone. However,
the environmental community would like a larger buffer zone
requirement. SB 88 was a good compromise.
CHAIR OGAN announced that with no further participants, public
testimony was closed. He said that normally he would hold the
bill in committee longer but this bill was reviewed by both
bodies last year so he would be willing to move SB 88 from
committee today.
SENATOR SEEKINS said this bill made it through the House and
Senate committees last year, but in the rush to adjourn, it was
not scheduled for a floor vote in the Senate. It had almost
unanimous support throughout the entire process. The concerns
expressed are questions that need to be addressed after more
information is gathered, such as harvesting trees close to a
stream bank. He said the intent of the bill is to provide for
planned, orderly growth and development in concert with the
principles of good stewardship. His intent is to build the
timber industry in a responsible manner.
SENATOR DYSON moved SB 88 from committee with individual
recommendations and attached fiscal note(s).
SENATOR LINCOLN objected for the purpose of discussion.
SENATOR SEEKINS said that rather than hold the bill in
committee, he is willing to look at revisions to the legislation
farther down the line.
SENATOR WAGONER expressed concern about the word "prudent" on
page 2, line 31, and asked who will determine what is or isn't
prudent.
MR. JAHNKE informed members that an intense discussion took
place about the word "prudent" when Region 1 was reviewed.
"Prudent" is determined by the Division of Forestry in
consultation with the other agencies.
SENATOR LINCOLN noted the word "prudent" is defined on page 3,
line 26. She then noted that members were told that SB 88 is
identical to HB 131. She asked if HB 131 was amended when it
went through the legislative process last year.
MR. JAHNKE said it was not amended.
SENATOR LINCOLN pointed out the definition of "prudent" in the
bill is not helpful because the definition uses terminology that
is not firm. She then withdrew her objection to moving SB 88
from committee, therefore the motion carried.
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