Legislature(1997 - 1998)
04/28/1998 01:35 PM Senate TRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CSHB 373(RES) - FOREST RESOURCES
PAT SPRINGER, legislative aide to Speaker Gail Phillips, sponsor of
HB 373, read the following statement on behalf of Speaker Phillips.
"I am pleased to bring before you today a bill that will
greatly enhance protection of Alaska's salmon resources and
water quality. Thanks to a major cooperative effort between
timber and fishing industries, environmental groups, and state
agencies, we have proposed legislation designed to improve
present Forest Practices Act safeguards. This cooperation
represents the commitment from these groups to periodically
reevaluate the Forest Practices Act protections for Alaskan
streams. In February, 1996, the Board of Forestry heard
reports from state agencies regarding the Act's effectiveness.
The Board found that indeed the Act generally was working well
in protecting salmon habitat and water quality but concluded
that there were some areas needing further review. The Board
then established a science and technical committee to
recommend modifications. This group included scientists from
timber, commercial fishing, and environmental communities, as
well as federal and state research agencies. After intensive
review, the committee identified opportunities to strengthen
habitat and wildlife protection. A stakeholder committee
convened to incorporate these findings into recommendations
for the Board of Forestry, which in turn endorsed a series of
amendments to the Act. These amendments have broad consensus
support from all the participants. The cooperation shown by
the Board members and the implementation group is indeed
laudable, and as a result, we are now looking forward to
better protections for our valuable salmon resources without
unreasonable costs to industry or private owners. The State
of Alaska has one of the most effective forest practices acts
in the nation. I believe the collaborative process undertaken
by the stakeholders in defining and agreeing to necessary
protections is extremely valuable. It's the first step
forward in our continued path toward managing our marketable
resources while protecting our natural resources for future
generations. Thank you for your consideration."
MS. SPRINGER introduced the state forester, Jeff Jahnke.
Number 080
JEFF JAHNKE, Director of the Division of Forestry in the Department
of Natural Resources (DNR), and the presiding officer for the Board
of Forestry, gave the following testimony in support of HB 373 on
behalf of the Administration and the Board of Forestry. This bill
is the result of a carefully crafted consensus following two years
of effort by many people in the fishing, forestry and environmental
communities, and the agencies associated with implementing the Act.
Key points related to the development of this legislation are:
-the process of resulting recommendations was based on the
best available scientific information;
-the process was open to the public throughout;
-many different interests were involved in each step along the
way
-the results were supported by a wide range of interests; and
-the interests represented by the Board of Forestry include
commercial fishing, forest industry, Native corporations,
environmental organizations, mining, fish and wildlife
biologists, professional foresters, and recreationists.
MR. JAHNKE noted Marty Welbourn, who was involved with the
development of this legislation over the last two years, was
available to speak on the specifics of the Act.
Number 117
MARTY WELBOURN, Chief of Forest Resources for the Division of
Forestry, and Co-chair of the Science and Technical Committee, made
the following comments. When the Science and Technical Committee
reviewed the Forest Practices Act in 1996 and 1997, it found that
the Act was sound and needed few changes. The proposed changes in
HB 373 only affect the part of the Act that addresses stream
classification and riparian management on private land in Region 1,
which includes the coastal forest in Southeast Alaska, Prince
William Sound, the eastern part of the Kenai Peninsula, and Kodiak.
It also includes Mental Health Trust land within that region.
Under the existing Forest Practices Act, about 20 percent of
streams, including some anadromous streams, are unclassified and
have no designated riparian protection area therefore requirements
to maintain some tree cover along stream banks do not apply to
unclassified streams. Tree cover provides woody debris for fish
habitat, stabilizes stream banks to control erosion, and provides
nutrients to the stream.
MS. WELBOURN described the two recommendations made by the
committee that require statutory changes. The first recommendation
is to classify all anadromous streams, and all tributaries to
anadromous streams, and to provide appropriate riparian
protections. Abundant scientific literature exists on the value of
stream buffers for the protection of fish habitat in anadromous
streams. The second recommendation is to provide for more woody
debris in Type B streams (anadromous streams with rocky banks or
steep gradients). Woody debris is needed for fish habitat within
those streams, to control sedimentation, and as a source of debris
for downstream Type A channels. Type A channels are the most
productive of the salmon streams; woody debris washes downstream
from Type B channels into Type A channels.
MS. WELBOURN continued. HB 373 contains numerous recommendations
from the Board of Forestry that respond to the Science and
Technical Committee's findings. First, the bill changes the stream
classification system and riparian management standards, so that
all anadromous waters and their tributaries will be classified and
have appropriate protection measures. All anadromous streams
(salmon streams) would be classified as Type A or Type B, depending
on the slope and the type of bank. All salmon streams would have
a buffer, and slope stability standards would apply to those
streams. Stability standards are special requirements for road
construction and timber yarding to prevent erosion. They include
a requirement to retain low value timber at the operator's
discretion where it is feasible to do so. Under the existing Act,
only Type A streams have a buffer. These low gradient streams are
the most highly productive. HB 373 adds stability standards to
those streams to 100 feet from the stream, or to the slope break,
whichever comes first. On Type B streams, the bill would add a
buffer out to 66 feet or to the slope break and, in many cases, the
buffer would be narrower than 66 feet. The bill would classify
all tributaries to anadromous streams as Type B or D, based on
their steepness, and slope stability standards would apply. No
buffer would be required. On Type B streams, slope stability
standards would apply up to 100 feet from the stream or to the
slope break, whichever comes first, and on Type D streams it would
apply up to 50 feet or the slope break. The bill also strengthens
the timber retention standards around larger tributaries. It
requires the operator to retain low value timber where prudent
within a minimum of 25 feet from the stream, depending on the
particular stream characteristics. These changes help ensure that
the goals of the Act, to provide adequate protection of fish
habitat and water quality and to support the continuation of
healthy timber and fishing industries, are met. These changes also
help ensure that the Forest Practices Act continues to satisfy the
requirements for nonpoint source pollution prevention under the
federal Clean Water Act and the Coastal Zone Management Act. The
Forest Practices Act provides one-stop shopping for the timber
industry with respect to state and federal nonpoint source
pollution and coastal management standards.
Number 192
SENATOR HALFORD asked whether roads that are built with public
funds or credits on public lands and continue as a public asset,
remain open for use.
MR. JAHNKE replied DNR evaluates each road individually to
determine whether leaving it open for public use will affect the
protection of water quality, fisheries, and other values. He
believed the process is similar for federal land. He stated that
use of roads generates maintenance needs, so the cost of
maintenance to protect those values is also considered.
SENATOR HALFORD questioned whether the state gives dollars or
credits for the construction of roads.
MR. JAHNKE did not believe it does.
SENATOR HALFORD stated his concern is that the roads remain open
unless there is some resource reason to close them.
Number 222
CHAIRMAN WARD said he agreed, and that is one reason why the
committee requested the bill. He expressed concern that people be
able to use logging roads with their four-wheelers. He asked Mr.
Jahnke if the procedure used to determine whether a road will
remain open is in regulation.
MR. JAHNKE repeated DNR looks at each road, and in its
responsibility to protect the resources of the State of Alaska, it
makes a determination as to whether leaving the road open will have
a negative impact on the resources.
CHAIRMAN WARD asked how many miles of logging roads DNR has opened
up to the public in the last 10 years.
MR. JAHNKE offered to get that information to the committee.
MS. WELBOURN said she could not provide the specific number of
miles, but in the Tanana Valley, most of the logging roads stay
open because they are long term management roads. In other areas,
logging roads have been closed because of particular concerns about
long term erosion resulting from a lack of maintenance on those
roads.
Number 248
CHAIRMAN WARD asked Ms. Welbourn to elaborate on closures in the
other areas of the state.
MS. WELBOURN said most of the roads built in the Kenai Peninsula
are temporary spur roads, and the main access road actually crosses
private land. DNR does not have the option to decide whether those
roads will remain open because the private land owners control
access across their land. Similarly, in Southeast Alaska, most of
the main roads have already been built by the Forest Service. The
roads in the Haines State Forest were built by the State, and those
roads typically stay open.
CHAIRMAN WARD stated one of his original concerns and reasons for
requesting this bill was due to inquiries about non-access to
logging roads on the Kenai Peninsula.
MS. WELBOURN repeated that most of the access to the logging roads
is through private land, therefore access to that land is
controlled by the land owner.
CHAIRMAN WARD asked if DNR's policy is to close the public roads if
they can only be accessed through private land.
MS. WELBOURN repeated that typically the private land owners have
the more accessible land.
Number 262
SENATOR HALFORD asked if the public roads are open once a person
gets to them.
MS. WELBOURN replied they are open where they are maintained. Some
of the roads follow seismic lines or existing trails, and those
would remain open. Other roads that are built as temporary spur
roads, typically on the Kenai, are not maintained, and have not
been left open because of concerns about impacts on wildlife and
fisheries.
CHAIRMAN WARD asked whether DNR is maintaining the roads in the
Interior.
MS. WELBOURN said it does.
CHAIRMAN WARD asked if the criteria is to close a logging road
unless it is maintained.
MS. WELBOURN stated that is correct if there is a hazard of
erosion. She added if a road is built in such a way that it would
be fatal to use without maintenance, it is closed, otherwise the
road building costs would be much more expensive.
Number 271
CHAIRMAN WARD asked if the fact that DNR considers the roads as
logging trails plays into any of the scenarios.
MS. WELBOURN stated logging roads are typically built to the lowest
standards possible because of the cost of road building.
CHAIRMAN WARD reiterated that people on the Kenai were refused
access to logging roads on four wheelers which is what prompted his
questions.
MS. WELBOURN asked whether those people were on state or private
land.
CHAIRMAN WARD said they were on state land.
MS. WELBOURN said she was not aware of any specific cases but would
look into the problem for Chairman Ward.
SENATOR HALFORD asked Chairman Ward if he received a copy of the
legal opinion on the short title for HB 373.
SENATOR WARD said he did.
SENATOR HALFORD said the problem is technical and, according to the
drafter, a section should be inserted that reads, "This chapter may
be cited as the Forest Resources and Practices Act."
SENATOR WARD asked where that line should be located in the bill.
SENATOR HALFORD answered on page 3, line 31. He explained,
according to the legal opinion, the Legislature has not officially
denominated a specific act as the Forest Resources and Practices
Act, hence the title of the bill is over-inclusive.
SENATOR HALFORD moved to amend the bill to add the language, "This
chapter may be cited as the Forest Resources and Practices Act" on
page 3, line 31 and explained the amendment is not substantive.
There being no objection, the motion carried.
SENATOR GREEN moved SCSCS HB 373(TRA) from committee with
individual recommendations and its accompanying zero fiscal note.
There being no objection, the motion carried.
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