Legislature(1997 - 1998)

02/19/1998 01:14 PM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 373 - FOREST RESOURCES                                                      
                                                                               
CO-CHAIRMAN HUDSON announced the first order of business was House             
Bill No. 373, "An Act relating to forests and forestry practices."             
                                                                               
Number 0069                                                                    
                                                                               
REPRESENTATIVE GAIL PHILLIPS, Alaska State Legislature, sponsor of             
HB 373, stated she is pleased today to bring a bill that would                 
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.                  
House Bill 373 is designed to improve the present Forest Practices             
Act (FPA).  The cooperative effort represents a commitment from                
these groups to periodically reevaluate protection for Alaska's                
streams and new fish protection measures.                                      
                                                                               
REPRESENTATIVE PHILLIPS explained in February of 1996, the Board of            
Fisheries heard reports from state agencies regarding the                      
effectiveness of the FPA.  The board found that the Act was working            
well, in general, to protect salmon habitat and water quality, but             
there were some concerns resulting in the formation of the Forest              
Practices Act Science and Technical Committee.  The committee                  
included scientists from timber, commercial fishing, and the                   
environmental community, as well as federal and state research                 
agencies.  After intensive review, the committee identified                    
opportunities to strengthen habitat and wildlife protection.  A                
stakeholder meeting then convened to incorporate the findings into             
recommendations to present to the Board of Forestry.  At last                  
month's meeting, the board heard the recommendations and endorsed              
a series of amendments to the FPA with broad consensus support from            
all of the participants.  The cooperation shown by board members               
and the implementation group is laudable.  As a result, the state              
is now looking forward to better protection for its valuable salmon            
resources without unreasonable cost to industry or private land                
owners.                                                                        
                                                                               
REPRESENTATIVE PHILLIPS explained the changes to the FPA would add             
several important protective measures to the riparian protection               
standards for private forest lands in the coastal forests of Region            
I.  For clarification, "riparian" means living or located near a               
stream or river bank.  In essence, the changes would accomplish the            
following:                                                                     
                                                                               
     1)  Classify all segments of anadromous streams as to                     
     type, depending on size, deepness and bank structure.                     
                                                                               
REPRESENTATIVE PHILLIPS explained the scientific definitions of the            
streams are contained in the bill.  In addition, the changes to the            
FPA would accomplish the following:                                            
                                                                               
     2)  Extend the no-cut buffer zones to all anadromous                      
     streams relative to type.                                                 
                                                                               
REPRESENTATIVE PHILLIPS explained the 1990-FPA legislation required            
a 66-foot no-cut-zone along the most important salmon streams on               
private lands.  House Bill 373 would require a buffer along all                
streams irrespective of their characteristics.  In addition,                   
operations within 100 feet of the streams, or at least to the break            
of the slop, would be conducted in compliance with established                 
slope stability standards for Types A, B, C and D streams.  In                 
addition, the changes to the FPA would accomplish the following:               
                                                                               
     3)  Retain low-value timber along Types C and D streams,                  
     where prudent, so that large woody debris (LWD)                           
     eventually travel down stream and form natural pools, an                  
     important habitat for juvenile fish.                                      
                                                                               
REPRESENTATIVE PHILLIPS stated, in conclusion, the state of Alaska             
has one of the most effective Forest Practices Act in the nation.              
The collaborative process undertaken by the stakeholders is the                
first step forward in a path towards managing Alaska's marketable              
resources while protecting them for future generations.                        
                                                                               
Number 0451                                                                    
                                                                               
CO-CHAIRMAN HUDSON commended Representative Phillips for putting               
together the different user groups and coming away with something              
that they are willing to sign off on.                                          
                                                                               
CO-CHAIRMAN HUDSON announced for the record that Representative                
Reggie Joule arrived some time back.                                           
                                                                               
Number 0499                                                                    
                                                                               
REPRESENTATIVE RAMONA BARNES asked Representative Phillips whether             
HB 373 is like the dead trees bill.                                            
                                                                               
REPRESENTATIVE PHILLIPS replied, "No."  It is much better than the             
dead trees bill.  It is to prevent dead fish.                                  
                                                                               
Number 0590                                                                    
                                                                               
DOUG YATES, Representative, Alaska Boreal Forest Council,                      
testified via teleconference in Fairbanks.  The council is in favor            
of the changes detailed to the FPA in HB 373.  The measure                     
demonstrates that the legislature supports scientific findings as              
they relate to sustaining Alaska's fisheries and wildlife, and                 
protecting continued reliance on salmon fisheries in Southeast                 
Alaska.  However, as recognition of the need for adoptive                      
management, there are significant gaps in scientific analysis for              
similar issues in Southcentral and the Interior - Regions II and               
III.  Salmon spawning protection is needed statewide.  There are no            
mandatory buffers north of the Alaska Range which needs to be                  
corrected as soon as possible.  In conclusion, he favors the                   
passage of HB 373 and suggested that the science and technical                 
committee process be used as a model for adaptive management for               
streams in the Interior and Southcentral.                                      
                                                                               
Number 0708                                                                    
                                                                               
DALE BONDURANT testified via teleconference in Kenai.  He is glad              
there is support for a wider no-cut portion along these streams.               
There is, now, recognition of the need for a continued supply of               
LWD into anadromous streams that is vital to the sustained yield               
principle of the state's fishery resources.  He agreed with the                
previous speaker that it should be expanded to cover all of Alaska.            
It is well known that not enough LWD is going into anadromous                  
streams were there are narrow protection zones.  In conclusion, the            
bill should be supported and expanded.                                         
                                                                               
Number 0810                                                                    
                                                                               
CO-CHAIRMAN HUDSON called for a motion to adopt the proposed                   
committee substitute.                                                          
                                                                               
Number 0821                                                                    
                                                                               
REPRESENTATIVE BARNES made a motion to adopt the proposed committee            
substitute for HB 373, version 0-LS1461\E, Luckhaupt, 2/18/98, as              
a work draft.  There being no objection, it was so adopted.                    
                                                                               
Number 0869                                                                    
                                                                               
JEFF JAHNKE, State Forester, Division of Forestry, Department of               
Natural Resources, announced the Administration supports HB 373.               
The process and the resulting recommendations were based on the                
best available scientific information.  It was open to the public              
and a wide range of interests were involved in each of the steps.              
The results were supported by the Board of Forestry with                       
representation from commercial fishing, the forest industry, Native            
corporations, environmental organizations, mining, fish and                    
wildlife biology, professional forestry, and recreation.  The                  
committee substitute was the result of consensus and any change to             
it would make consensus difficult to sustain.  The Administration              
urges the passage of the bill as written.                                      
                                                                               
MR. JAHNKE introduced Martha Welbourn to talk about the specifics              
in the bill.                                                                   
                                                                               
Number 1005                                                                    
                                                                               
MARTHA WELBOURN, Deputy Director - Management, Division of                     
Forestry, Department of Natural Resources, stated she was also the             
co-chair of the science and technical committee that made                      
recommendations leading to HB 373.  She explained the bill is not              
a wholesale revision of the FPA.  The changes affect only the parts            
that address stream protection in terms of classification and                  
riparian management on private lands in Region I.  It would only               
affect private lands, and lands under the regulations of the Mental            
Health Trust Commission.  Under current protection standards,                  
streams are classified into three types - A, B, and C.  Types A and            
B are anadromous, and type C includes the steeper tributaries to               
anadromous streams.  In addition, there are some streams, including            
anadromous streams, that are not classified under the existing Act.            
And there are buffer management practices that govern road                     
construction, maintenance, and timber harvest that apply to both               
classified and unclassified streams.  However, requirements to                 
maintain tree cover apply only to classified streams.  Tree cover              
is important because it provides woody debris for fish habitat,                
helps stabilize stream banks, and provides nutrients to the stream.            
Type A streams are the only ones that have a buffer covered under              
the Act.  There are no buffer requirements for Type B streams,                 
except under slope stability standards for road construction,                  
timber yarding, and tree felling, to prevent erosion.  The                     
standards also direct the land owner to leave low-value timber                 
according to the operators' discretion and where feasible.  Slope              
stability standards also apply to Type C streams, except to a                  
narrower zone than anadromous streams.                                         
                                                                               
MS. WELBOURN further explained when the science and technical                  
committee reviewed the issues dealing with the FPA, it kept with               
the legislative intent and looked at the Act periodically.  For                
many issues, the committee recommended no changes to the Act,                  
except for two.  Firstly, the committee said that all anadromous               
streams and all tributaries to anadromous streams should be                    
classified - about 20 percent are not classified under the FPA.                
The committee also stressed the scientific literature on the value             
of stream buffers to protect fish habitat.  Secondly, the committee            
said that more woody debris was needed in Type B streams for fish              
habitat and for washing down stream into Type A channels.                      
                                                                               
MS. WELBOURN further explained that HB 373 would classify all                  
tributaries to anadromous streams and all anadromous streams.  She             
reiterated it would not affect Type A streams.  It would classify              
all tributaries to anadromous streams as Type C or D, based on the             
slope's gradient.  It would also change the management standards so            
that all anadromous waters would have a 66-foot buffer zone, or up             
to the slope break, whichever is less.  Previously, buffers were               
only on Type A streams.  In addition, the slope stability standards            
would apply up to 100 feet from the stream bank, or up to the slope            
break, whichever is less.  The slope stability standards would                 
apply to both Type C and D streams with different standards                    
depending on the slope's gradient.  It would also strengthen the               
standards to encourage retention of low-value timber along the                 
streams by removing the operators' discretion criterion and saying             
the timber "shall" be retained, where prudent.  It would also apply            
to all trees within 25 feet of Type C and D streams, or up to 100              
feet for Type C, and up to 50 feet for Type D streams.                         
                                                                               
MS. WELBOURN further stated, in conclusion, that the changes matter            
because they help protect the main goals of the Act.  They also                
support Alaska's timber industry.  They would strengthen stream                
protection in coastal Alaska in a way that would be workable for               
the timber operators and the private land owners.  The changes                 
would also continue to ensure that the Act satisfies the                       
requirements for non-point source pollution prevention under the               
Federal Clean Water Act and the Coastal Zone Management Act.                   
                                                                               
Number 1490                                                                    
                                                                               
REPRESENTATIVE JOE GREEN referred to beatle kill of trees and asked            
Ms. Welbourn what would be the policy for areas that are virtually             
dead.                                                                          
                                                                               
Number 1517                                                                    
                                                                               
MS. WELBOURN replied, according to the Department of Fish and Game,            
a tree that is killed by beatles and falls into a stream is not a              
problem because it provides large woody debris.  The question is               
whether new trees would grow without some disturbance to provide               
large woody debris for 50 years from now.  She cited on the western            
Kenai Peninsula, where there is the most intensive beatle kill, it             
is not an issue because most of the streams are in valleys where               
there is a non-forest edge so it would not affect them.                        
                                                                               
Number 1561                                                                    
                                                                               
CO-CHAIRMAN HUDSON asked Ms. Welbourn, for clarification, whether              
the bill would include mental health lands, as well as private                 
lands.                                                                         
                                                                               
MS. WELBOURN replied, "Correct."  In accordance with regulations,              
mental health lands are treated as private lands under the FPA.                
                                                                               
Number 1595                                                                    
                                                                               
MARC WHEELER, Representative, Southeast Alaska Conservation Council            
(SEACC), read the following statement into the record:                         
                                                                               
"Founded in 1970, SEACC is a coalition of fifteen local community,             
volunteer conservation groups in twelve Southeast Alaska                       
communities, from Ketchikan to Yakutat.  The Southeast Alaska                  
Conservation Council's 1,200 individual members include commercial             
fishermen, Native Alaskans, hunters and guides, tourism and                    
recreation business owners, value-added wood product manufactures,             
and Alaskans from all walks of life.  The Southeast Alaska                     
Conservation Council is dedicated to safeguarding the integrity of             
Southeast Alaska's unsurpassed natural environment while providing             
for balanced, sustainable use of our region's resources.                       
                                                                               
"While SEACC has always advocated for freshwater fish habitat                  
protections in Southeast Alaska and we applaud any additional                  
protections given to fresh water fish habitat, we must tell you                
today that this bill is too little, too late for buffer protections            
on private lands in our region.  With most of Southeast Alaska's               
Class B streams on private lands already cut to the banks, the                 
minimal additional protections afforded by this bill will not                  
significantly improve quality of freshwater fish habitat in our                
region.  We urge the state legislature to use the 1995 report to               
Congress, the "Anadromous Fish Habitat Assessment", as the                     
guidebook for fish habitat protections in Southeast Alaska.  The               
Forest Service recently adopted improved fish stream buffers with              
its new Tongass plan to comply with the recommendations of this                
report.  To protect the integrity of Alaska's public trust                     
fisheries resources, the state legislature should ultimately                   
require private landowners to adopt fish habitat protections                   
equivalent to the new Forest Service fish stream buffers.  We also             
urge the state legislature to begin a public process to consider               
freshwater fish habitat protections for lands in other parts of our            
state."                                                                        
                                                                               
CO-CHAIRMAN HUDSON asked Mr. Wheeler whether or not SEACC supports             
the bill.                                                                      
                                                                               
MR. WHEELER replied SEACC supports it as a first step.  It is not              
adequate to protect the long-term health of Southeast Alaska's                 
salmon stocks, however.                                                        
                                                                               
Number 1706                                                                    
                                                                               
REPRESENTATIVE BARNES asked Mr. Wheeler to define "public trust                
fisheries resources."                                                          
                                                                               
MR. WHEELER replied the state of Alaska has jurisdiction over the              
fisheries resources which belong to all of the people and they must            
be managed for the long-term health of the stocks.                             
                                                                               
Number 1728                                                                    
                                                                               
CO-CHAIRMAN SCOTT OGAN asked Mr. Wheeler what would be SEACC's                 
ultimate solution to protect the salmon streams.                               
                                                                               
Number 1738                                                                    
                                                                               
MR. WHEELER replied the 1990-Congressional report said that even               
forest service buffers were not big enough to protect the long-term            
health of salmon stocks in Southeast Alaska.  The report                       
recommended additional protections including headwater stream                  
buffers.                                                                       
                                                                               
CO-CHAIRMAN OGAN asked Mr. Wheeler whether the report included no              
logging.                                                                       
                                                                               
MR. WHEELER replied, "No sir."                                                 
                                                                               
Number 1769                                                                    
                                                                               
JACK PHELPS, Executive Director, Alaska Forest Association,                    
Incorporated (AFA), stated the AFA appreciates Representative                  
Phillips for introducing the bill and the House Resources Committee            
for hearing it and moving it along.  As the committee members have             
heard, it is a direct result of a two-year scientific review                   
process with full participation from the industry.  The AFA is                 
proud of the work done and grateful for the participation of the               
fishing industry, the Board of Forestry's review, and the                      
participation from the Administration.  The timber industry                    
recognizes that there will be some cost associated with the bill,              
but it is appropriate given the nature of the interaction between              
fisheries and forestry.  He urged the committee members to move                
forward with the bill, without changes.  It is a collaborative                 
process and the details of the bill are very important to maintain             
its collaborative nature.                                                      
                                                                               
Number 1853                                                                    
                                                                               
REPRESENTATIVE GREEN asked Mr. Phelps whether the only change in               
the committee substitute is in the title.                                      
                                                                               
Number 1860                                                                    
                                                                               
MR. PHELPS replied there are some other technical changes to make              
sure the bill is consistent with itself.  There are no substantive             
changes in the committee substitute, however.                                  
                                                                               
REPRESENTATIVE GREEN asked Mr. Phelps whether the change tightened             
the title.                                                                     
                                                                               
MR. PHELPS replied, "Yes."                                                     
                                                                               
Number 1903                                                                    
                                                                               
JERRY McCUNE, Representative, United Fishermen of Alaska (UFA),                
stated the UFA supports HB 373, as written, 100 percent.  He                   
thanked the private land owners and the Board of Forestry for                  
working together with the seafood industry to accomplish the bill.             
He called it a united front which should be a message to the                   
legislature itself.                                                            
                                                                               
Number 1932                                                                    
                                                                               
CO-CHAIRMAN OGAN stated he hopes there will be the same spirit of              
cooperation on the subsistence issue as well.                                  
                                                                               
Number 1946                                                                    
                                                                               
RICHARD P. HARRIS, Senior Vice President of Natural Resources,                 
Sealaska Corporation, explained the cooperation has about 300,000              
acres of land in Southeast Alaska, of which, about 220,000 acres               
are commercial forests lands.  All of the lands are regulated by               
the existing FPA and the amendments in the committee substitute                
would increase the oversight.  The corporation supports HB 373                 
because it would provide supplemental environmental protections                
that would enhance fish habitat and water quality.  Since 1992, the            
AFA, Sealaska, and several timber owners have been conducting                  
forests practices effectiveness monitoring and are happy to report             
that the FPA is protecting fish habitat and water quality.  The                
monitoring also showed that the Act could be further strengthened.             
As a result, the corporation supports the bill.  He thanked the                
participants of the process.  It was long and difficult at times,              
but an understanding was developed on how to cooperate and find                
solutions to complex problems.                                                 
                                                                               
Number 2042                                                                    
                                                                               
RICK SMERIGLIO, Environmental Representative, Board of Forestry,               
testified via teleconference in Seward.  He thanked the committee              
members for adopting almost verbatim the recommendations of the                
Board of Forestry.  He supports the bill because of the process.               
The best information was brought forward, the stakeholders were at             
the table, and it was not rushed.  Consequently, there is a product            
that everybody can support as the testimony indicates so far.  All             
of the salmon streams would be protected - big, little, private and            
public, a plus for the environment.  He pointed out that in HB 373             
the words "harvest of timbers" and "timber operations" are used                
sometimes.  He suggested, for clarity, just using the word                     
"operation."  In statute, operation is clearly defined to mean                 
harvest of timbers, logging, and timber operations.  In conclusion,            
as the environmental representative on the Board of Forestry, he               
supports HB 373.  He asked that the same process be brought to bear            
for Southcentral and the Interior - Regions II and III,                        
respectively.  In the October meeting of the Board of Forestry,                
there was overwhelming public testimony for protections of riparian            
zones for those regions.                                                       
                                                                               
Number 2166                                                                    
                                                                               
CO-CHAIRMAN HUDSON explained to Mr. Smeriglio his suggestions are              
in the committee substitute that has already been adopted.                     
                                                                               
Number 2177                                                                    
                                                                               
KEN FREEMAN, Executive Director, Resource Development Council                  
(RDC), explained RDC is a statewide membership funded organization,            
working on behalf of Alaska's basic industries including timber,               
mining, oil and gas, fishing and tourism.  The RDC strongly                    
supports HB 373 and urges its passage.  It is a product of a                   
sensible process based on public involvement and sound science.  In            
reference to the riparian buffer zones, the committee did not                  
specifically recommend a 66-foot buffer on Type B streams.  The                
committee recommended a source of large woody debris be provided               
for the streams.  The timber industry found, however, that a 66-               
foot buffer would more than adequately meet the goals of the                   
recommendations.  The buffers would require the industry to leave              
trees of value in the riparian zone minimizing the adverse effects             
on harvests.  The RDC applauds the efforts of the committee and the            
Board of Forestry for crafting statutory language to ensure the                
responsible development of Alaska's timber resources, while                    
respecting private property rights and protecting the environment.             
                                                                               
Number 2340                                                                    
                                                                               
SYLVIA WARD, Representative, Northern Alaskan Environmental Center,            
testified via teleconference in Fairbanks.  She explained the                  
center can not say that it supports the bill because they are not              
from Southeast Alaska.  It does not understand the technical                   
issues, but it respects the process of everyone coming together                
from different sides of the issue.  The center is concerned because            
the FPA does not protect the Interior fisheries, water quality, and            
other aspects.  It is the people in the Interior who work to                   
protect the areas and the law does not provide them support, nor               
does the Administration provide adequate planing and support.  She             
cited two timber sales in the area that were very controversial.               
In fact, Senator Bert Sharp wrote a letter of opposition to the                
sales.  House Bill 373 ignores the needs of the Interior and of the            
people offshore who depend on the fishery habitats in the Interior.            
It is also biased towards the high-value timber in Southeast.  The             
Interior does not have high-value timber, but it does have other               
resources of high value - fish, tourism, hunting and trapping.                 
                                                                               
TAPE 98-13, SIDE B                                                             
Number 0000                                                                    
                                                                               
MS. WARD continued.  This is more than just a science and                      
technological issue, it is an economic and quality of life issue as            
well.  She referred to the recommendation classifying all streams              
and wondered whether it would apply to all streams statewide.  In              
conclusion, she hopes that there will be funding for research and              
an expansion of people's views to include the Interior rather than             
on a case-by-case basis for timber sales.  It is not healthy for               
timber businesses.  She would like to see some needed leadership               
from the House Resources Committee to address the gap and                      
responsible protection of fisheries, water quality, economic, and              
non-economic activities along the rivers in the Interior.                      
                                                                               
Number 0075                                                                    
                                                                               
CO-CHAIRMAN HUDSON thanked Ms. Ward for her comments and stated                
maybe there might be an opportunity to combine an appropriate group            
to try to expand it to the Interior.                                           
                                                                               
Number 0087                                                                    
                                                                               
CATHY MERRITT testified via teleconference in Fairbanks.  In                   
general, she supports the bill.  It falls short of ideal                       
protection, but it represents an improvement to Southeast.  There              
are similar needs for the rivers in the Interior and Southcentral              
Alaska as well.  She is concerned about the lack of protection of              
the rivers for the fish, recreational activities, and the                      
aesthetics.  She just returned from dog mushing and flying over                
some of the Interior rivers so the crucialness for a healthy river             
to preserve the wildness of an area is very clear.  In regards to              
the logging issue mentioned earlier, there was tremendous public               
opposition to the two timber sales in the Interior largely due to              
the lack of protection along the rivers.  Therefore, it appears it             
would be easier for the timber industry to move ahead with its                 
sales if there were protections.  She would like to see a similar              
bill to include the Interior and Southcentral Alaska.                          
                                                                               
Number 0152                                                                    
                                                                               
DAN STEIN testified via teleconference in Fairbanks.  He is a                  
recent graduate in forest ecology.  He supports the bill, but it is            
lacking because it does not include the protection of the riparian             
zones in the Interior.  Riparian zones play an important role in               
terms of water temperature, large woody debris that add to fish                
habitat for invertebrates, and for fish to eat the invertebrates.              
Without a buffer for the riparian zones, temperatures increase, the            
whole issue of global warming in oceanic areas.  In addition, if               
the temperatures increase a couple of degrees, there is a mass die-            
off of different species.  In addition, particles in an intact                 
riparian zone absorb filtration which decreases the temperature of             
the water.  He reiterated he is in favor of the bill, but would                
like to see the Interior and Southcentral Alaska included as well.             
                                                                               
Number 0243                                                                    
                                                                               
LARRY SMITH testified via teleconference in Homer.  He has been a              
builder of Alaska's forest products since statehood and is                     
dependent upon the dollars generated from fishing the marine waters            
around Homer to pay for the construction work.  He has served on               
various forest-related task forces including the Alaska Forests                
Practices Act Review Steering Committee which lead to the statutory            
revisions in 1990 that put in place the current riparian management            
zones.  He expressed his appreciation to Marty Rutherford of the               
Department of Natural Resources and to Representative Gail                     
Phillips.  He is not, however, in favor of the passage of HB 373,              
unless there is an appropriate fiscal note to take care of the                 
additional work load.  It is part of a larger commitment and it is             
a step forward because the fish habitat have not been well                     
protected in the past.  While the bill will not correct the serious            
losses of fish production capabilities because of poorly regulated             
logging practices, it will help if there are sufficient resources              
available.  At present, the FPA Administration is grossly under                
funded, and the addition of more classifications will not make a               
weak system for protecting fish habitat much better.  It is                    
interesting to note that on public lands in Alaska both the Alaska             
Department of Natural Resources and the United States Forest                   
Service recognizes the needs for no-cut, no-variation buffers,                 
larger than the private lands requirement of 66 feet.  For example,            
in a recent timber sale on the Kenai Peninsula, the Department of              
Natural Resources required a 300-feet no-cut, no-variation buffer              
zone.  In addition, a Native corporation with serious interest in              
both fish and timber would require a 600-foot buffer zone for                  
ongoing timber operations.  Thus, not only is the present proposal             
modest, it is also severely limited geographically and will have               
less impact in the northern part of Region I.  It will probably                
have no affect at all on the portion of the Kenai Peninsula in                 
Region I.  It will not affect the Kenai, Yukon, Kuskokwim and                  
Susitna rivers.  In conclusion, it is interesting to note that the             
House Resources Committee is also addressing HB 285, an act for a              
point system for commercial fishing violations, because there is no            
provision for a violation for those who illegally kill fish in                 
connection with logging operations.  He said, without enforcement,             
the FPA will never disturb the careless and indifferent logging                
activities that allow some companies to flout the state's best                 
attempts to protect fish, wildlife and water quality.                          
                                                                               
Number 0468                                                                    
                                                                               
NANCY HILLSTRAND, Representative, Pioneer Alaskan Fisheries,                   
Incorporated, testified via teleconference in Homer.  She                      
appreciates the improvement of the FPA into a more vigilant stance.            
There are declines in some of the salmon streams on the Kenai                  
Peninsula, therefore, there can not be any chances with minimal                
regulations to repair habitat.  Upper tributary protection in                  
Southcentral and the remainder of Alaska is also needed.  She                  
appreciates the protection in Southeast, but the rest of Alaska has            
been waiting a long time.  She asked the committee members to amend            
the bill to include Regions II and III.  She also recommends the               
formation of a riparian protection act, aside from the FPA.  She               
appreciates the work of the legislators, but the fishing industry              
on the Kenai Peninsula is one of the life bloods of the area, and              
if it is allowed to falter through a lack of regulations and                   
enforcement, it will be lost.                                                  
                                                                               
CO-CHAIRMAN HUDSON called for a motion to move the proposed                    
committee substitute out of the committee.                                     
                                                                               
Number 0601                                                                    
                                                                               
REPRESENTATIVE BARNES made a motion to move the proposed committee             
substitute for HB 373, version 0-LS1461\E, Luckhaupt, 2/18/98, out             
of the committee with individual recommendations and the attached              
zero fiscal note.  There being no objection, CSHB 373(RES) moved               
out of the House Resources Standing Committee.                                 

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