Legislature(2005 - 2006)CAPITOL 124

03/22/2006 01:00 PM House RESOURCES


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01:55:50 PM Start
01:59:00 PM HB415
02:21:11 PM Board of Game
02:25:59 PM Big Game Services Board
02:33:30 PM HB420
02:45:34 PM HB419
02:53:14 PM Board of Game
02:54:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to Session Adjourn--
= HB 415 LIABILITY FOR RECREATIONAL LAND USE
Moved Out of Committee
*+ HB 419 REPEAL UNDERGROUND STORAGE TANK LAWS TELECONFERENCED
Moved Out of Committee
+ HB 420 FOREST RESOURCES & PRACTICES STANDARDS TELECONFERENCED
Moved CSHB 420(FSH) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 420-FOREST RESOURCES & PRACTICES STANDARDS                                                                                 
                                                                                                                                
CO-CHAIR RAMRAS announced  that the next order  of business would                                                               
be HOUSE  BILL NO. 420,  "An Act relating to  riparian protection                                                               
standards for  forest resources and practices;  and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
CHRIS MAISCH,  State Forester,  Division of  Forestry, Department                                                               
of Natural  Resources (DNR), explained that  CSHB 420(FSH) amends                                                               
the Forest  Resources and Practices  Act for Region II,  which is                                                               
Southcentral  Alaska.     The  bill  establishes   standards  for                                                               
forestry  activities,  supports  a  healthy  timber  and  fishing                                                               
industry, protects  fish habitat and water  quality, incorporates                                                               
the best  science available, and maintains  one-stop shopping for                                                               
compliance  with  federal laws  for  the  forest industry.    Mr.                                                               
Maisch informed  the committee that HB  420 is the result  of two                                                               
years  of  work by  an  array  of  interests,  and it  has  broad                                                               
support.  He characterized HB  420 as consensus legislation.  The                                                               
science  and  technical  committee,  which  first  developed  the                                                               
science  around the  issue,  Native  corporations, industry,  the                                                               
environmental  community, and  other interested  parties were  at                                                               
the table  to develop the  final recommendations as  specified in                                                               
the  legislation.    The  Board of  Forestry  then  reviewed  and                                                               
adopted  these  recommendations,  which are  in  the  legislation                                                               
before the committee today.   Mr. Maisch said the legislation has                                                               
a zero  fiscal note.   The House  Special Committee  on Fisheries                                                               
reported out a committee substitute  that fixed a technical point                                                               
on  page  5,  line  27,  such  that  subsection  (a),  which  was                                                               
inadvertently omitted, was inserted.                                                                                            
                                                                                                                                
MR. MAISCH  reminded the  committee there  have been  three other                                                               
bills  that have  passed that  were consensus  efforts using  the                                                               
same model and scientific and implementation processes.                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON inquired  as to  any changes  between this                                                               
and the current Forest Practices Act.                                                                                           
                                                                                                                                
2:33:30 PM                                                                                                                    
                                                                                                                                
MR.  MAISCH  explained that  under  HB  420 there  are  increased                                                               
buffer widths  on streams  in Region  II.   He mentioned  a chart                                                               
entitled, "Existing  riparian management standards by  region and                                                               
land  owner"  that  specifies  the   current  standards  and  the                                                               
proposed  changes.    It  shows the  differences  by  region  and                                                               
landowner.    He  said  currently  there  is  a  100-foot  buffer                                                               
immediately adjacent  to anadromous  or high-value  resident fish                                                               
water streams.  The legislation  will increase the buffer size on                                                               
Type II-A and II-B streams to 150  feet.  On the outside bends of                                                               
the dynamic rivers where there  is much erosion and the retention                                                               
of woody  debris is important  for habitat purposes,  the buffers                                                               
are  wider.   Type II-C  streams are  smaller, nonglacial,  fixed                                                               
streams of clear water and have  a 100-foot no-cut buffer.  There                                                               
is a 50-foot no-cut buffer on the Type II-D streams.                                                                            
                                                                                                                                
2:36:06 PM                                                                                                                    
                                                                                                                                
MR.  MAISCH clarified  that the  legislation  would increase  the                                                               
buffer  widths  on some  streams  and  decrease  it on  Type  III                                                               
streams  by  50  [feet],  which  is  based  on  the  science  and                                                               
implementation  group's recommendation.    He said  there are  no                                                               
other significant differences between current law and this bill.                                                                
                                                                                                                                
2:37:02 PM                                                                                                                    
                                                                                                                                
MR. MAISCH,  in response to Representative  Gatto, explained that                                                               
the language  on page  9, lines  9-12, means  that the  Type II-D                                                               
water body  doesn't refer to  the Kenai  River but rather  to its                                                               
side channels that are three feet or  less in width.  He said the                                                               
Kenai River would be considered a Type II-A water body.                                                                         
                                                                                                                                
2:38:35 PM                                                                                                                    
                                                                                                                                
MR. MAISCH,  in response to Representative  Gatto, specified that                                                               
the number  in the  type refers  to the  region while  the letter                                                               
refers to the channel characteristics.                                                                                          
                                                                                                                                
REPRESENTATIVE GATTO asked then if  the legislation is to protect                                                               
streams more or less than they have been in the past.                                                                           
                                                                                                                                
MR. MAISCH  said HB  420 provides  additional protections  to the                                                               
water bodies in Region II.   He said science has found that there                                                               
is large  woody debris recruitment  into these stream  types that                                                               
are  beneficial  for  fish  habitat  and  water  quality.    This                                                               
legislation  targets  retaining   best  management  practices  to                                                               
encourage the  forest products  industry to  continue to  place a                                                               
high priority on habitat.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GATTO pointed  out  that the  Matanuska River  is                                                               
beating the  banks to death.   He then asked if  this legislation                                                               
covers the Matanuska River.                                                                                                     
                                                                                                                                
MR. MAISCH  replied yes, and  specified that the  Matanuska River                                                               
is  a glacial  stream that  is dynamic.   Although  such a  river                                                               
isn't necessarily protected,  the buffers are left in  place.  He                                                               
explained that  as the  buffer erodes, trees  will fall  into the                                                               
channel and become part of  the habitat component.  Therefore, in                                                               
these  large glacial  streams  there  is a  wider  buffer on  the                                                               
active eroding  bank.  Although  at some point the  erosion might                                                               
pass through  the buffer  and reach the  actual harvest  unit, he                                                               
characterized it  as a  compromise such  that public  and private                                                               
lands  can continue  to  be managed  for  forest practices  while                                                               
retaining the important habitat criteria necessary.                                                                             
                                                                                                                                
2:41:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  asked about [logging]  restrictions between                                                               
a house  and a river  even though the  bank is moving  toward the                                                               
house and the trees are destined to erode away.                                                                                 
                                                                                                                                
MR. MAISCH said that there are  many examples of rivers in Alaska                                                               
that are  aggressively eroding.   Trees that  fall in  help armor                                                               
the  bank because  they often  remain attached  to the  root wad.                                                               
The  trees provide  more protection  than  a stump  on the  bank.                                                               
Furthermore, those trees also become important habitat for fish.                                                                
                                                                                                                                
REPRESENTATIVE SEATON suggested that it  would be helpful to have                                                               
a side-by-side comparison of current and new regulations.                                                                       
                                                                                                                                
2:43:03 PM                                                                                                                    
                                                                                                                                
RICHARD SMERIGLIO, Member, Alaska Board  of Forestry, said he has                                                               
seen  improvement  in riparian  protection  in  the northern  and                                                               
coastal regions, and  HB 420 is the final piece  that will result                                                               
in riparian  protection for  the entire state.   Both  the timber                                                               
industry and Alaska Conservation Voters  support HB 420, which he                                                               
attributed to the excellent process  of the Division of Forestry.                                                               
He said the  fish resource in this region of  Alaska is enormous,                                                               
and therefore  the habitat merits protection.   This legislation,                                                               
which  he urged  the  committee to  forward,  will allow  logging                                                               
while protecting habitat.                                                                                                       
                                                                                                                                
REPRESENTATIVE GATTO asked  if HB 420 is supported  by the Alaska                                                               
Outdoor Council (AOC).                                                                                                          
                                                                                                                                
MR. SMERIGLIO said that he is not aware of AOC's support.                                                                       
                                                                                                                                
2:44:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS  moved  to  report CSHB  420(FSH)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  Hearing no objections, it was so ordered.                                                                        
                                                                                                                                

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