Legislature(2005 - 2006)

2006-02-01 House Journal

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2006-02-01                     House Journal                      Page 2400
HB 420                                                                                            
HOUSE BILL NO. 420 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to riparian protection standards for forest                                   
      resources and practices; and providing for an effective date."                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
The Governor's transmittal letter dated January 31, 2006, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to riparian protection standards for forest                            
resources and practices.                                                                            
                                                                                                    

2006-02-01                     House Journal                      Page 2401
The bill would complete the task of setting statewide riparian                                      
protection standards that began with the 1990 changes to the Forest                                 
Resources and Practices Act (AS 41.17).  Standards for Region I, the                                
coastal forest, and Region III, the Interior, have already been                                     
established.  Now, the work has been finished to set standards for                                  
Region II, Southcentral.                                                                            
                                                                                                    
Section 1 of the bill sets out legislative findings supporting the                                  
standards.  Such findings are helpful to managers and the regulated                                 
community in understanding the underlying purposes and intent for                                   
the statutory language.  These findings recognize the unique nature of                              
Southcentral Alaska forests and forest uses.                                                        
                                                                                                    
Section 2 of the bill would set the new standards for private land in                               
Southcentral Alaska.  For large, nonglacial, and for most glacial,                                  
anadromous fish-bearing water bodies, timber harvest may not occur                                  
within 150 feet of the water body and wider protections are set for                                 
outer bends subject to erosion.  Other types of water bodies receive                                
either 100-foot or 50-foot no-harvest buffers, depending on stream                                  
characteristics.                                                                                    
                                                                                                    
Section 3 of the bill would set the new standards for state land in                                 
Southcentral Alaska.  The no-harvest buffers would be the same as                                   
those set for private land.  This section also would clarify that adjacent                          
estuarine areas are subject to the same protections as are the fresh                                
water bodies.  Also, this section would establish that for all four types                           
of fish-bearing water bodies in the region, harvest may occur from the                              
landward boundary of the no-harvest buffer to 300 feet from the water                               
body only insofar as it is consistent with the maintenance or                                       
enhancement of wildlife habitat.                                                                    
                                                                                                    
Section 4 of the bill would set new standards for other public land in                              
Southcentral Alaska.  These standards are the same as those applicable                              
to state land, except that there is no requirement that harvest from the                            
boundary out to 300 feet be consistent with maintenance or                                          
enhancement of wildlife habitat.                                                                    
                                                                                                    
In section 5 of the bill, the term "riparian area" would be amended to                              
reflect the new standards for Region II.  Section 6 of the bill would                               
add new definitions necessary to understand the standards.  Thus, the                               
four new stream categories (Types II-A, II-B, II-C, and II-D) are                                   

2006-02-01                     House Journal                      Page 2402
explained.  Finally, the terms "outer bend subject to erosion," "point                              
bar," "terrace," and "terrace top break" all would be defined.                                      
                                                                                                    
Section 7 of the bill would set the effective date as July 1, 2006.                                 
                                                                                                    
The bill would complete the fish habitat riparian protection standards                              
that are one of the primary purposes underlying the Forest Resources                                
and Practices Act.  I urge your prompt and favorable action on this                                 
measure.                                                                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"