Legislature(2005 - 2006)SENATE FINANCE 532

05/03/2006 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 441 THERAPEUTIC COURT FOR DUI TELECONFERENCED
Moved SCS CSHB 441(FIN) Out of Committee
+ HB 307 KNIK RIVER PUBLIC USE AREA TELECONFERENCED
Heard & Held
+ HB 420 FOREST RESOURCES & PRACTICES STANDARDS TELECONFERENCED
Moved CSHB 420(FSH) Out of Committee
= HB 218 PRIVATE HATCHERY COST RECOVERY FISHERIES
Moved SCS CSHB 218(FIN) Out of Committee
+ HB 484 FISHERY ASSOCIATION REIMBURSEMENT TELECONFERENCED
Heard & Held
+ HCR 30 AK CLIMATE IMPACT ASSESSMENT COMMISSION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
10:31:46 AM                                                                                                                   
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 420(FSH)                                                                                             
     "An  Act  relating  to  riparian  protection  standards  for                                                               
     forest  resources  and  practices;   and  providing  for  an                                                               
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
MARTY  FREEMAN, Forest  Resources  Program  Manager, Division  of                                                               
Forestry,   Department  of   Natural  Resources,   testified  via                                                               
teleconference  from an  offnet location  reading a  statement as                                                               
follows.                                                                                                                        
                                                                                                                                
     I was  the co-chair of  the Science and  Technical Committee                                                               
     and the  Implementation Group that developed  this bill, and                                                               
     I serve as the Division's liaison to the Board of Forestry.                                                                
                                                                                                                                
     …                                                                                                                          
                                                                                                                                
     This is the third and last  piece of an effort to review and                                                               
     update the Riparian Management  Standards, the standards for                                                               
     forest  management along  streams throughout  the state.  We                                                               
     previously completed reviews,  which cumulated in amendments                                                               
     to the  Forestry Resources and  Practices Act for  Region I,                                                               
     which  is  Coastal  Alaska,  in 1999  and  for  Region  III,                                                               
     Interior Alaska, in 2003.                                                                                                  
                                                                                                                                
     This  bill  is  focused  just  at  Region  II,  Southcentral                                                               
     Alaska.  [Witness indicates  location on  a map,  a copy  of                                                               
     which is on  file.] This bill is designed to  meet the goals                                                               
     of  the  Forestry Resources  and  Practices  Act to  provide                                                               
     adequate protection  of fish habitat  and water  quality and                                                               
     to support healthy timber and fishing industries.                                                                          
                                                                                                                                
     It also  helps to ensure  that the Forestry  [Resources and]                                                               
     Practices Act  continues to satisfy federal  Clean Water Act                                                               
     and  Coastal Zone  Management Act  requirements  so that  it                                                               
     provides  one-stop shopping  for  the  timber industry  with                                                               
     respect to State and federal  non-point source pollution and                                                               
     coastal management standards.                                                                                              
                                                                                                                                
     To develop  this bill,  we first worked  with a  science and                                                               
     technical  committee  that  recommended  changes  needed  to                                                               
     provide  adequate  protection  for fish  habitat  and  water                                                               
     quality.  Their recommendations  were  then  reviewed by  an                                                               
     implementation group, which  represented affected interests.                                                               
     That  group was  charged with  determining how  to make  the                                                               
     scientists'  recommendations   work  on  the  ground   in  a                                                               
     practical   way.    That   group's    recommendations   were                                                               
     incorporated into this  bill and reviewed with  the Board of                                                               
     Forestry.                                                                                                                  
                                                                                                                                
     This bill  classifies water bodies  that have  anadromous or                                                               
     high-value  resident fish:  those high  value resident  fish                                                               
     populations  that people  are actually  using and  catching.                                                               
     [Indiscernible]  classifies  those  water bodies  into  four                                                               
     types  and it  sets riparian  management standards  for each                                                               
     type.                                                                                                                      
                                                                                                                                
     These standards  are tailored to the  specific conditions in                                                               
     Region  II. Compared  to  other areas,  Region  II has  more                                                               
     large  dynamic rivers  where  they  have shifting  channels,                                                               
     like the Susitna River and the  Copper River - more of those                                                               
     dynamic  rivers in  areas  that are  forested  and could  be                                                               
     harvested.  There are  also lower  timber  volumes per  acre                                                               
     compared  to either  of the  other  regions and  there is  a                                                               
     higher  proportion  of   deciduous  trees.  These  deciduous                                                               
     trees, when they  fall into a river and  provide large woody                                                               
     debris for  fish habitat, don't  last as long in  the river.                                                               
     They decay faster.                                                                                                         
                                                                                                                                
     There is  also a wider  distribution of anadromous  and high                                                               
     value resident  fish in Region  II and  a disproportionately                                                               
     high-use of  fish and value from  that fishery, particularly                                                               
     for sport fishing.  For example, Region II is  only about 11                                                               
     percent of the land area in the  state but it makes up 30 to                                                               
     50 percent of the recreational fishing in the state.                                                                       
                                                                                                                                
     The buffers that are recommended  in this bill for the large                                                               
     dynamic rivers are wider  than the [indiscernible] standards                                                               
     that we've  been working  under and  narrower for  the small                                                               
     streams.  There are  many of  these  small streams;  they're                                                               
     often  unnamed and  unmapped,  but there  are  many of  them                                                               
     throughout the forested area in  Region II. There is similar                                                               
     width  for the  other streams,  which include  stable rivers                                                               
     and lakes.                                                                                                                 
                                                                                                                                
     This  process was  based on  the  best available  scientific                                                               
     information. It  was open  to the public  and it  involved a                                                               
     wide range of interests:  scientists, the timber and fishing                                                               
     industries,   Native  corporations,   municipalities,  State                                                               
     trust land  managers, environmental interests, the  Board of                                                               
     Forestry and experienced field staff  and State agencies. We                                                               
     are pleased to  report that this bill has  broad support and                                                               
     there is a zero fiscal note attached to the bill.                                                                          
                                                                                                                                
10:35:51 AM                                                                                                                   
                                                                                                                                
Co-Chair Green asked  the length of time taken in  the process to                                                               
develop these recommendations.                                                                                                  
                                                                                                                                
Ms. Freeman  replied that determination of  the science findings,                                                               
the  implementation group  activities, and  consideration by  the                                                               
Board of Forestry  took about two years to  complete. The project                                                               
began  with  scientific  review   of  all  available  information                                                               
relevant to  the topic. This  portion consisted of  a significant                                                               
portion of the total time spent.                                                                                                
                                                                                                                                
10:36:17 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  asked if all parties  generally reached agreement                                                               
on the provisions contained in this legislation.                                                                                
                                                                                                                                
Ms. Freeman answered in the affirmative.                                                                                        
                                                                                                                                
10:37:25 AM                                                                                                                   
                                                                                                                                
Senator Hoffman asked how the no  harvest buffer zone of 300 feet                                                               
was determined.                                                                                                                 
                                                                                                                                
Ms. Freeman  clarified the no  harvest zone is not  actually that                                                               
distance. Large dynamic rivers would  have a basis buffer zone of                                                               
150 feet  with a  provision for  a wider zone  in places  with an                                                               
actively eroding bank. Stable rivers,  smaller dynamic rivers and                                                               
lakes would  have a no harvest  buffer zone of 100  feet. Smaller                                                               
streams would have a 50-foot buffer zone.                                                                                       
                                                                                                                                
10:37:52 AM                                                                                                                   
                                                                                                                                
Senator  Hoffman asked  if the  standards would  be the  same for                                                               
timber harvesting activities on private as well as public lands.                                                                
                                                                                                                                
Ms. Freeman responded that in  "this case" the standards would be                                                               
the  same.  Additional  provisions  would  apply  to  a  "special                                                               
management  zone"  on  public  lands. This  would  not  apply  to                                                               
private lands.                                                                                                                  
                                                                                                                                
10:38:06 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  asked where Senator Hoffman  obtained information                                                               
indicating a 300-foot buffer zone requirement.                                                                                  
                                                                                                                                
Senator  Hoffman cited  the sectional  analysis  provided by  the                                                               
Department of  Natural Resources [copy on  file]. The explanation                                                               
of Section 3 of the bill reads as follows.                                                                                      
                                                                                                                                
     Section 3: AS 41.17.118 -  State land. Section sets riparian                                                               
     standards for state land along  water bodies with anadromous                                                               
     or  high-value resident  fish in  Region II.  The no-harvest                                                               
     buffers would be the same as  those set for private land. In                                                               
     addition, on  state land only, harvesting  from the landward                                                               
     boundary  of the  no-harvest  buffer to  300  feet from  the                                                               
     water  body  may  occur  by   must  be  consistent  wit  the                                                               
     maintenance or enhancement of wildlife habitat.                                                                            
                                                                                                                                
10:38:33 AM                                                                                                                   
                                                                                                                                
Ms.  Freeman  explained  the  300-foot  zone  referenced  in  the                                                               
sectional  analysis   pertains  to  a  special   management  zone                                                               
provided  for  in the  Forest  Resources  and Practices  Act  and                                                               
unchanged  in this  legislation. Consideration  must be  given on                                                               
State-owned land for important wildlife  habitat concerns as well                                                               
as fish habitat concerns. This  legislation would clarify support                                                               
for habitat enhancement  activities in these zones.  It would not                                                               
classify the areas as a no-harvest zone.                                                                                        
                                                                                                                                
10:39:12 AM                                                                                                                   
                                                                                                                                
Co-Chair  Green  asked  if  this is  addressed  in  the  proposed                                                               
amendment to AS 41.17.118(a)(1)(B) contained  in Section 3 of the                                                               
bill.                                                                                                                           
                                                                                                                                
Ms. Freeman affirmed.                                                                                                           
                                                                                                                                
10:39:20 AM                                                                                                                   
                                                                                                                                
Senator  Stedman  commented on  the  differences  of terrain  and                                                               
river patterns  between the coastal regions  of Southeast Alaska,                                                               
the  areas  including Anchorage  and  Palmer  of Region  II,  and                                                               
Interior Alaska.                                                                                                                
                                                                                                                                
Co-Chair  Green  agreed  the   differences  are  interesting,  if                                                               
laborious to  decipher and understand.  Qualifiers must  vary for                                                               
each   region  and   changing   interests   must  be   considered                                                               
periodically as well.                                                                                                           
                                                                                                                                
10:40:24 AM                                                                                                                   
                                                                                                                                
Co-Chair  Wilken  offered  a  motion  to  report  the  bill  from                                                               
Committee with individual  recommendation and accompanying fiscal                                                               
note.                                                                                                                           
                                                                                                                                
Without objection CS  HB 420 (FSH) was MOVED  from Committee with                                                               
a zero fiscal note #1 from the Department of Natural Resources.                                                                 
                                                                                                                                

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