03/24/1998 01:15 PM House RES

HB 284 - TIMBER THREATENED BY PESTS OR DISEASE                                 
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was House                
Bill Number 284, "An Act relating to infestations and diseases of              
timber."                                                                       
                                                                               
CO-CHAIRMAN OGAN stated there is still not a quorum so there will              
be public testimony only.                                                      
                                                                               
Number 1045                                                                    
                                                                               
TOM MANNINEN, Legislative Administrative Assistant, to                         
Representative Mark Hodgins, Alaska State Legislature, stated he is            
here to introduce an amendment.  It reads as follows:                          
                                                                               
     TO:  HB 284                                                               
                                                                               
          Page 2, line 20, following "chapter":                                
                                                                               
               Insert ", other than a requirement of or a                      
               regulation adopted under AS 41.17.115 - 41.17.119."             
                                                                               
MR. MANNINEN explained the amendment would prohibit the                        
commissioner of natural resources from waiving the requirements of             
41.17.115 - 41.17.119 that deal with riparian management, riparian             
standards for private lands, riparian standards for state land, and            
minimum riparian standards for other public land.                              
                                                                               
MR. MANNINEN referred to a handout illustrating the infestation on             
the Kenai Peninsula and Southcentral.                                          
                                                                               
MR. MANNINEN further stated Representative Hodgins is very                     
concerned about the fire risks, public safety, and maximum use of              
the resource.  Representative Hodgins respectfully asks that the               
committee take action on the bill when there is a quorum.                      
                                                                               
Number 1212                                                                    
                                                                               
CO-CHAIRMAN OGAN stated the amendment would not allow the                      
commissioner to waive stream setbacks.                                         
                                                                               
Number 1275                                                                    
                                                                               
BRUCE BAKER testified in Juneau.  He was employed by the United                
States Forest Service for 12 years as a forester and forest                    
entomologist (insect specialist).  He has worked on forest insect              
populations throughout Alaska, including spruce beetles on the                 
Kenai Peninsula.  He also served for 11 years as a deputy director             
in the Department of Fish and Game.  He and his wife own a small               
woodlot.  House Bill 284 is bad public policy.  It's narrow-minded,            
caters to special interests, lacks either an economic or biological            
basis, and bars the public from the Department of Natural Resources            
(DNR) decision process.                                                        
                                                                               
MR. BAKER explained the bill uses native forest insects and                    
diseases as excuses to fast-track timber sales.  He cannot think of            
a single native Alaskan forest insect or disease, the build up and             
spread of which is likely to be affected over a significant area by            
salvage logging dead standing trees.  Forest insect populations and            
diseases built up when forest conditions become favorable for them             
to do so.  This bill confuses symptoms with underlying cause.  It              
confuses the salvage utilization of wood fiber with basic forest               
biology.                                                                       
                                                                               
MR. BAKER explained the bill makes it a requirement that DNR enter             
a salvage agreement with a private owner or public manager.  Native            
forest insects and diseases are natural disturbance events, and                
even when some of them reach levels alarming to humans, they play              
important roles in natural forest habitat renewal.  Wildlife                   
managers, commercial tourism businesses, non-commercial                        
recreationists, and private forest owners may define forest health             
and the need for salvage very differently than DNR and the timber              
industry do.                                                                   
                                                                               
MR. BAKER explained the bill requires that if infested or diseased             
trees on state or municipal land are thought to pose "an                       
environmental catastrophe," timber is to be "salvaged" as rapidly              
as possible.  A catastrophe is in the eye of the beholder, and by              
ignoring effects on wildlife, the bill ignores the state's                     
constitutional mandate that all renewable resources be managed on              
the sustained yield principle.  The bill ignores the question of               
whether the alleged benefits of timber salvage and logging roads               
would justify their adverse impacts on wildlife or recreational                
opportunities.  For example, it has been demonstrated that                     
increased "roading" can be damaging to brown bears because of                  
increased poaching and the killing of bears in the name of the                 
protection of life and property.                                               
                                                                               
MR. BAKER stated the bill amends existing law by allowing DNR to               
put up salvage sales of less than 200 acres without preparing a                
plan of operation that is subject to agency and public review under            
the Forest Practices Act.                                                      
                                                                               
MR. BAKER stated the bill implies that salvage of dead trees can be            
expected to "eliminate" an insect or disease condition.  There is              
absolutely no evidence that a native forest insect or disease can              
be "eliminated" from Alaska, and it is misleading to the public to             
suggest otherwise.                                                             
                                                                               
MR. BAKER stated the bill fails to acknowledge alternative means of            
preventing or reducing fuel accumulation that results from years of            
fire suppression in fire-prone forests.  An obvious option would be            
the use of prescribed burning in which site access is by helicopter            
rather than roads.                                                             
                                                                               
MR. BAKER stated the economics of HB 284 are seriously flawed                  
because it requires state salvage regardless of whether they turn              
a profit, and it fails to acknowledge the economic values of                   
resources that may be negatively impacted by the effects of logging            
and increased roading.                                                         
                                                                               
MR. BAKER stated by forcing big government down the throats of                 
private forest owners, the bill is an invasion of private property             
rights.  A private forest owner's only recourse will be to show in             
court how salvage of their dead timber will not benefit adjacent               
landowners.                                                                    
                                                                               
Number 1500                                                                    
                                                                               
DICK BISHOP, Representative, Alaska Outdoor Council (AOC),                     
testified in Juneau.  The AOC at its annual meeting voted in favor             
of the bill.  It is going in the right direction.  Amendments might            
be appropriate, but the AOC has not come up with any yet.  It is               
right to harvest beetled-killed timber as expeditiously as                     
possible.  He suggested specifically mentioning a reference to the             
creation of wildlife habitats.  There is the potential in logging,             
natural fires, and prescribed burnings for taking measures that                
will greatly enhance wildlife habitats and populations.                        
                                                                               
Number 1631                                                                    
                                                                               
GEORGE MATZ testified via teleconference in Anchorage.  He opposes             
HB 284.  Fiscally, it comes at a time when the state needs to                  
concentrate on existing programs with established needs rather than            
starting a new program.  Economically, it is not feasible.                     
Scientifically, it is based more on alchemy rather than biology.               
In addition, the Division of Forestry has stated that salvaging                
won't control spruce bark beetles.  It also takes private land.  He            
has land in the Rabbit Creek area in Anchorage, and last year he               
noticed a few signs of spruce bark beetle infestation.  He would               
want some compensation for taking his trees, otherwise he would                
take the state to court.  In court the state would have a hard time            
proving it is an ecological catastrophe.  He suggested looking at              
the recommendations from the Kenai Peninsula task force.  They will            
be a lot less emotional and more logical.                                      
                                                                               
Number 1890                                                                    
                                                                               
CO-CHAIRMAN OGAN explained there is a bill requiring the government            
to compensate private property owners anytime land is taken by                 
regulation. It is a two-way street.  There are a lot of private                
property owners that would like the law.                                       
                                                                               
MR. MATZ stated the bill says the commissioner "shall" enter into              
an agreement with the owner.  It is a very Gestapo approach when it            
has not been proven that it is a public health concern or an                   
overriding public need.  The fiscal note should take into account              
all the compensation requested.                                                
                                                                               
Number 1992                                                                    
                                                                               
DAN STEIN testified via teleconference in Fairbanks.  He is opposed            
to the bill.  The change is important, but (5) should be dropped               
from the bill because there are many other things that could be                
waived by the commissioner.                                                    
                                                                               
Number 2036                                                                    
                                                                               
DOUGLAS YATES testified via teleconference in Fairbanks.  He is                
opposed to the bill.  He recommends that the bill be put on hold,              
until the recommendations are made public from the Kenai task                  
force.                                                                         
                                                                               
Number 2058                                                                    
                                                                               
DAVE WALLINGFORD, Department of Natural Resources, announced he is             
sitting in for Jeff Jahnke, state forester, who is on the Kenai                
Peninsula attending the first spruce bark beetle task force                    
meeting.  He is here to answer any questions.                                  
                                                                               
CO-CHAIRMAN OGAN announced the bill will be held over.