Legislature(2005 - 2006)CAPITOL 124
02/15/2006 08:30 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| HB420 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 420 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 15, 2006
8:41 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Bill Thomas, Co-Chair
Representative John Harris
Representative Jim Elkins
Representative Peggy Wilson
Representative Woodie Salmon
MEMBERS ABSENT
Representative Mary Kapsner
COMMITTEE CALENDAR
HOUSE BILL NO. 420
"An Act relating to riparian protection standards for forest
resources and practices; and providing for an effective date."
- MOVED HB 420 (FSH) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 420
SHORT TITLE: FOREST RESOURCES & PRACTICES STANDARDS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/01/06 (H) READ THE FIRST TIME - REFERRALS
02/01/06 (H) FSH, RES
02/15/06 (H) FSH AT 8:30 AM CAPITOL 124
WITNESS REGISTER
MARTHA FREEMAN, Forest Resources Program Manager
Division of Forestry
Department of Natural Resources (DNR),
Anchorage, Alaska
POSITION STATEMENT: Presented HB 420, on behalf of the House
Rules Committee by request of the governor.
ACTION NARRATIVE
CO-CHAIR BILL THOMAS called the House Special Committee on
Fisheries meeting to order at 8:41:03 AM. Representatives
Harris, Elkins, Wilson, LeDoux, and Thomas were present at the
call to order. Representative Salmon arrived as the meeting was
in progress.
HB 420-FOREST RESOURCES & PRACTICES STANDARDS
8:41:03 AM
CO-CHAIR THOMAS announced that the only 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."
8:41:42 AM
MARTHA FREEMAN, Forest Resources Program Manager, Division of
Forestry, Department of Natural Resources (DNR), presented HB
420, on behalf of the House Rules Committee by request of the
governor, paraphrasing from a statement, which read as
follows[original punctuation provided]:
I. Introduction - Madame/Mr. co-chair, my name is
Marty Freeman, and I am the Forest Resources Program
Manager for the Division of Forestry. I was the co-
chair of the Science & Technical Committee and
Implementation Group that developed this bill, and I
serve as the Division's liaison to the Board of
Forestry. I am pleased to have the opportunity to
present a summary of the bill and its relationship to
the existing Forest Practices Act, and to answer your
questions.
II. Process overview
I am pleased to speak in support of HB 420. This bill
is the result of hard work by many people that has led
to broad support. The bill responds to the BOF's
[Board of Forestry] request that the agencies review
the riparian management standards throughout the
state. We previously completed reviews which
culminated in amendments to the FRPA [Forest Resources
and Practices Act] for Region I (Coastal Alaska) in
1999, and for Region III (Interior Alaska).
We have now completed the review for Region II
(southcentral Alaska-see map). As in the other
regions, we began with a Science and Technical
committee that recommended changes needed to provide
adequate protection for fish habitat and water
quality. The next step was to work with an
Implementation Group representing affected interests
to determine how to implement the recommendations in a
manner that works on the ground, and draft legislative
changes. Finally, the draft legislation was reviewed
with the Board of Forestry.
ƒKey points in the bill's development are that
· The process was based on the best available scientific
information.
· The process was open to the public throughout.
· The process involved a wide range of interests at each
step - scientists, the timber and fishing industries,
Native corporations, municipalities, state trust
managers, environmental interests, the BOF, and
experienced field staff from state agencies all
participated.
ƒThe final package in HB 420 has broad support, including
the support of the diverse interests represented by
the BOF: Forest industry; Commercial fishing
organization; Native corporation; Environmental
organization; Professional forester; Fish & Wildlife
biologist; Mining organization; and Recreational
organization.
ƒThese changes help ensure that the goals of the Act are
met -- to provide adequate protection of fish habitat
and water quality, and to support healthy timber and
fishing industries. Importantly, these changes also
help ensure that the FRPA continues to satisfy the
requirements for non-point source pollution prevention
under the federal Clean Water Act, and Coastal Zone
Management Act requirements. This means that the Act
keeps providing "one-stop shopping" for the timber
industry with respect to state and federal non-point
source pollution and coastal management standards.
IV. Relation to existing Act.
ƒNot a wholesale revision of FRPA. It is targeted
specifically at the forest practices standards for
riparian management in Region II. The S/TC and
Implementation Group did not recommend changes to
other provisions of the Act.
ƒRegion II has been using interim standards since the
FRPA was revised in 1990. Under current standards,
timber harvesting could occur up to the bank of
anadromous streams under some conditions. In the rest
of the state, there are buffers on all anadromous
waters.
V. Summary of provisions. The bill classifies water
bodies that have anadromous or high value resident
fish into four types, and sets riparian standards for
each type:
ƒOn large dynamic non-glacial rivers and dynamic
glacial rivers (Type IIA and IIB): a no-cut buffer of
150', with a wider zone on actively eroding outer
bends (to 225' or terrace top on IIA, 325' or terrace
top on IIB).
ƒOn smaller, non-glacial dynamic streams, stable non-
glacial and glacial streams, and lakes (Type IIC): a
100' no-cut buffer.
ƒOn small non-glacial streams (Type IID: a 50' no-cut
buffer, and an additional 50' within which harvesting
must be designed to prevent rutting that could
transport sediment into the streams.
ƒIn forested estuarine areas adjacent to anadromous or
high value resident (HVR) fish streams, the buffer for
the adjacent stream type applies to the estuary.
ƒDefines "riparian areas" for Region II consistent with
the riparian standards for each stream type.
ƒFor state land, the bill also keeps the 300' special
management area along anadromous and HVR streams.
Within the special management zone (SMZ), timber
harvesting must be consistent with maintenance or
enhancement of important wildlife habitat. Amended to
clarify that enhancement is allowed, and applies just
to wildlife - the buffers adequately protect fish
habitat.
The recommended buffers are wider than the interim
standard for large, dynamic rivers (IIA and IIB);
narrower for small streams (IID), and the same width
for other waterbodies (IIC). The recommendations are
tailored to conditions in Region II.
· More large dynamic rivers in forested areas that could
be harvested
· Lower timber volumes per acre
· Higher proportion of deciduous trees (esp.
cottonwoods)
· Wider distribution of anadromous and HVR fish
· Disproportionately high fish use and value, especially
for sport fishing.
VI. Technical correction.
There is one error in the draft bill - p. 5, line 26
should say "Sec. 3. AS 41.14.118 (a) is repealed and
reenacted to read:".
8:49:29 AM
MS. FREEMAN responded to a question that the amendment is
necessary to specify the affected sub-section, as it is not the
intent of DNR to recommend repealing the subsequent sub-sections
included in the statute.
REPRESENTATIVE HARRIS moved to adopt Conceptual Amendment 1, as
follows:
Page 5, line 26
Between "AS 41.17.118" and "is"
Insert "(a)"
There being no objection, Conceptual Amendment 1, to HB 420, was
adopted.
REPRESENTATIVE THOMAS asked whether HB 420 would have an effect
on the statute enacted by the existing recreational rivers bill.
MS. FREEMAN answered that this bill does not present a conflict.
8:51:57 AM
REPRESENTATIVE HARRIS moved to report HB 420, Version 24-
GH2032\A, as amended, out of committee with individual
recommendations and the accompanying fiscal notes.
8:52:10 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 8:52:10
AM.
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