Legislature(1997 - 1998)

03/26/1997 03:40 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               SJR 24 TONGASS LAND MANAGEMENT PLAN                             
                                                                               
CHAIRMAN HALFORD called the Senate Resources Committee meeting to              
order at 3:40 p.m. and announced SJR 24 to be up for consideration.            
                                                                               
SENATOR JERRY MACKIE, sponsor, said it encourages the U.S. Forest              
Service to bring the Tongass Land Use Management Plan (TLUMP) to a             
conclusion and supports a level of timber harvest from the Tongass             
National Forest sufficient to sustain a forest product industry and            
prevent further job loss and economic disruption in Southeast                  
Alaska.  It also endorses continued oversight by Congress and the              
Alaska Congressional delegation.                                               
                                                                               
SENATOR MACKIE said a number of companies had been adversely                   
affected by a reduced harvest.  The Southeast Regional Timber Task             
Force passed a resolution urging the Federal government to finalize            
a plan for timber harvest in the Tongass and determined a minimum              
annual harvest level of 300 million board feet (MMBF) was necessary            
to reestablish a viable integrated timber industry.                            
                                                                               
Number 79                                                                      
                                                                               
SENATOR TAYLOR said he had an amendment prepared in conjunction                
with the Alaska Forest Association that deletes "a harvest level of            
300 MMBF be maintained, because any decision to further reduce" and            
insert, "the United States Forest Service make available an annual             
amount of at least 300 MMBF of timber that is economical to harvest            
from the Tongass National Forest with offerings uniformly released             
throughout each fiscal year, because any record of decision that               
further reduces".                                                              
                                                                               
SENATOR MACKIE responded that he didn't pull 300 MMBF out of the               
sky; it is a number that came from the Governor's Timber Task Force            
which had representatives from municipalities, industry, and                   
environmental groups - a consensus group.                                      
                                                                               
SENATOR TAYLOR explained that the Forest Service cannot control the            
specific harvest levels.  That will depend upon contracts and                  
market conditions and other things.  They can control a consistent             
level of offerings of timber volumes.  He said there haven't been              
consistent offerings.                                                          
                                                                               
SENATOR MACKIE said he didn't see why the amendment wouldn't work              
since it further refines the language.                                         
                                                                               
SENATOR LINCOLN commented the way she read the amendment is that               
the annual offering has to be at least 300 MMBF and she understood             
that out of the 11 communities participating in the Southeast                  
Regional Timber Task Force, eight voted against the resolution                 
supporting the 300 MMBF because they felt it was too high.                     
                                                                               
SENATOR MACKIE said that was news to him and his understanding was             
that 300 MMBF was a recommendation from the Task Force.                        
                                                                               
Number 172                                                                     
                                                                               
MR. WALT SHERIDAN, Walt Sheridan and Associates, supported SJR 24.             
He supported previous testimony and added that it also puts the                
Alaska State Legislature on record as supporting an annual timber              
harvest from the Tongass of at least 300 MMBF.  He said the Forest             
Service has been working on the plan for over a decade - a decade              
during which they have seen the loss of over half of the direct                
timber jobs in Southeast Alaska.  He said this level of harvest was            
from a vote of 11 - 4 on the Governor's Timber Task Force.  It was             
endorsed by the Ketchikan Gateway Borough, the City of Ketchikan,              
Wrangell, Metlakatla, and Thorne Bay, as well as the industry                  
representatives.  Opposition was from the environmental group                  
represented on the Task Force by the Cities of Petersburg and Sitka            
and a member purporting to represent Tenakee, Elfin Cove, Pelican,             
Gustavus, Point Baker, and Point Alexander.                                    
                                                                               
MR. SHERIDAN said they were asked by environmentalists if they                 
could restructure a timber industry based on value-added processing            
and produce the same or more jobs on a much smaller timber base.               
The answer is they should restructure timber industry around value-            
added processing, but it will be possible only if they can find a              
way to deal with low quality pulp logs which account for as much as            
50% of timber stands on the Tongass.  They can't simply log around             
them taking only the best.  To do that would leave a legacy of low             
grade timber for their children.  At the 300 MMBF harvest level                
there would be sufficient volume to justify the establishment of a             
minimum facility to process the low grade logs and residual chips.             
                                                                               
MR. SHERIDAN thought that 300 MMBF could be cut and still preserve             
the environment and so did the Forest Service according to their               
draft plan of April 5, 1996 which called for a harvest of 297 MMBF.            
                                                                               
SENATOR LINCOLN asked him to respond to the Forest Service's                   
concern that they need time to craft a plan that reflects the                  
changes and will be defensible from a legal challenge.  MR.                    
SHERIDAN said the draft plan that came out in April was the product            
of eight or nine years of work and had more scientific review than             
he had seen any plan the Forest Service had done in the nation.  He            
said they certainly want a plan that is legally defensible, but he             
has heard of no new science that has become available since April              
5 last year when they issued the draft.                                        
                                                                               
MR. BERNE MILLER, Executive Director, Southeast Conference, said               
their mission is to help build strong economies, healthy                       
communities, and a quality environment and he supported SJR 24.  In            
the interests of sustaining a strong regional economy the                      
Conference has repeatedly urged the regional forester to select a              
TLUMP alternative that does not economically or socially harm                  
Southeast Alaska's people and communities.  Last August they                   
advocated that the Forest Service delay completion until defects in            
their analysis had been corrected.  That was before Ketchikan Pulp             
announced their mill would be closed and there will be social and              
economic hardship.  Until the Forest Service establishes a                     
predictable harvest level through TLUMP it will be impossible to               
project what kind of timber industry might exist in the region in              
the future, let alone lay out a business plan for the extensive                
restructuring obviously needed.  For that reason they have changed             
their position and urge the regional forester to come to a decision            
based on what his forest supervisors have already placed before                
him.                                                                           
                                                                               
Number 307                                                                     
                                                                               
SENATOR LINCOLN asked what his response was to the Task Force vote.            
MR. MILLER said that you could count the votes or count the                    
communities that were represented which some people have done to               
suggest that the result was different.  SENATOR LINCOLN asked if               
the 11 - 8 community vote was correct.  MR. MILLER said that was               
correct, but only three of the eight communities were represented.             
SENATOR LINCOLN asked how the other communities got to vote.  MR.              
MILLER replied that they were supposedly represented.  SENATOR                 
LINCOLN asked what size of community he meant when referring to a              
"small community."  MR. MILLER replied Gustavus, Pelican, and                  
communities on that order. He thought around 100 - 200 population.             
CHAIRMAN HALFORD inserted that they were Gustavus, Pelican, Elfin              
Cove, Tenakee Springs, Port Alexander, and Kupreanof.                          
                                                                               
SENATOR TAYLOR asked if the Southeast Conference ever entered into             
a contract with the McDowell Group or got any feel for what the                
economic impact might be.  MR. MILLER replied that they never did.             
SENATOR TAYLOR asked if there was any socio-impact information                 
within the TLUMP.  MR. MILLER answered not beyond what there was               
before.                                                                        
                                                                               
SENATOR LINCOLN asked if he was involved in the conference when                
everyone was voting.  MR. MILLER said he wasn't present; that the              
Southeast Conference was not named to that task force.                         
                                                                               
SENATOR MACKIE said there are many differing opinions and views by             
location and by occupation in Southeast and it is hard to find a               
balance.                                                                       
                                                                               
MR. BUCK LINDEKUGEL, Conservation Director, Southeast Alaska                   
Conservation Council, said for the TLUMP to provide the stability              
and assurance that everyone hopes for, it must insure that logging             
occurs only at sustainable levels, that are consistent with                    
maintaining current and future demand for fish, wildlife, and the              
other renewable forest resources that people depend on here in                 
Southeast.  The minimum 300 MMBF logging level called for by this              
resolution is unsustainable and an environmentally destructive                 
cutting level.  SEACC opposes SJR 24.  They believe the legislature            
needs to support communities' efforts in making the transition to              
a new high value added timber industry that produces the most jobs             
for board foot cut.                                                            
                                                                               
The 300 MMBF is the preferred alternative identified in the latest             
draft of the TLUMP and it places important areas to Southeast                  
Alaska communities, including Cleveland Peninsula, Poison Cove,                
Upper Tenakee Inlet, Port Hooter, Honker Divide, at serious risk.              
It also fails to provide for the short and long term protection                
recommended by the agency's own scientific experts to provide for              
fish habitat and for healthy and huntable wildlife populations.  Of            
the nearly 5,000 comments received on the draft plan this summer               
from Alaskans, 57% concluded that the preferred alternative was too            
biased towards logging and called for additional fish and wildlife             
resource protection.                                                           
                                                                               
SENATOR TAYLOR asked for his qualifications.  MR. LINDEKUGEL                   
replied that he is an attorney and is a member of the bar in                   
Alaska.  He came to Alaska first as a commercial fisherman.                    
SENATOR TAYLOR asked him what qualifications he has to say what a              
sustainable volume of harvest is.  MR. LINDEKUGEL said the whole               
theme behind the public planning process for forest plans and                  
specific timber sales is for the public to be informed by the                  
Forest Service when they prepare an EIS from a particular proposal.            
He knows how to read and talk to the people who are the experts                
providing the basis for his conclusions.  He said the overwhelming             
number of experts have suggested that the Forest Service's proposal            
from this summer's draft was insufficient to provide for long term             
protection of fish and wildlife on the Tongass.  SENATOR TAYLOR                
said all of the people working at the Forest Service have spent at             
the minimum eight or nine years of interdepartmental studies on                
fish, game, soil stability, types of vegetation, and their                     
conclusion last spring was 297 MMBF.  He asked if he disagreed with            
that and if he did, what experts was he relying on.                            
                                                                               
MR. LINDEKUGEL responded that he believes the Forest Service had               
the information necessary to make a good decision and didn't follow            
that information.  It's conclusions were unsupported by the                    
information in its planning record.  He relies upon the same public            
documents that everyone else who commented on this plan relied on.             
                                                                               
Number 463                                                                     
                                                                               
SENATOR TAYLOR asked him to submit the record of the experts he is             
relying upon.                                                                  
                                                                               
SENATOR MACKIE asked if there was anything in this resolution that             
was inconsistent with Governor Knowles Task Force's findings were.             
MR. LINDEKUGEL responded that it is SEACC's position that it's                 
inappropriate for the legislature to be sticking the target level              
at 300 MMBF as the State's position.  He said the Tongass is a                 
national forest and there are a lot of interests at stake and it's             
supposed to be managed for all those interests.  He said he didn't             
think the Task Force made any findings.  He explained there were               
two presentations made on December 12 in Ketchikan; one was by the             
Alaska Forest Association and one was done by Dave Katz, a planner             
for SEACC.  Immediately after that the AFA managed to push for a               
vote endorsing their models without any response to the information            
SEACC had presented.  He did not think that was the right way to               
resolve controversial issues.  They are trying to engage in a civil            
debate on very complex issues.                                                 
                                                                               
SENATOR MACKIE commented that he has listened to both the timber               
industry and the environmental industry and asked him how they can             
have a viable timber industry in Southeast Alaska that can                     
contribute to the economy without harvesting timber and asked if he            
didn't like the 300 number, what number did he like.  MR.                      
LINDEKUGEL responded that SEACC had never taken a position against             
logging on the National Forest.  They know it has been a way of                
life for a long time and they respect that.  They think that long-             
term contracts set up an economy that wasn't sustainable and can no            
longer compete on the international market.  Communities were                  
telling them that there are special areas they didn't want to see              
clear cut for various reasons.  They looked at the science that the            
Forest Service's own experts were developing and came up with a                
proposal that focused on small scale, locally owned businesses who             
would be provided up to 100 MMBF of timber.  That's been the                   
guarantee for some time and that is what they adopted.                         
                                                                               
SENATOR MACKIE asked him how there can be a sustainable timber                 
industry if you don't have a level of harvest that can actually                
make it economically feasible.  MR. LINDEKUGEL said they have been             
talking to small operators on the Tongass and trying to identify               
the type of processes they can work with. Steve Sealy proposed a               
small saw mill and drying kiln facility in Tolstoy Bay and SEACC               
came out publicly supporting that.  SENATOR MACKIE said it became              
noneconomic and so they moved the idea to Ketchikan.  MR.                      
LINDEKUGEL said that's the kind of approach they want to do.                   
                                                                               
SENATOR MACKIE asked using the mill in Metlakatla, for instance,               
was that too big to be a small operation that provides meaningful              
jobs to communities.  MR. LINDEKUGEL replied that they have the                
timber supply for three years and he understands that that mill is             
old technology.  He said he would not accept supplying wood to a               
mill that can't compete in today's market just because the mill is             
there.                                                                         
                                                                               
SENATOR LINCOLN said she appreciates having this dialogue and said             
she wanted the time to reflect upon the poll they had done of 5,000            
comments.  MR. LINDEKUGEL explained that the Forest Service had a              
comment time for their draft plan and there were perhaps 20,000                
comments.  The questions they were responding to were the forest               
supervisor's proposal that their preferred alternative was an                  
acceptable way to manage the Tongass into the future.                          
                                                                               
SENATOR LINCOLN asked if the 57% were all from Alaska.  He answered            
that was correct and they wanted less logging than the preferred               
alternative.                                                                   
                                                                               
SENATOR TAYLOR moved to adopt amendment #1.  SENATOR LINCOLN                   
objected; then removed her objection, and amendment #1 was adopted.            
                                                                               
TAPE 97-21, SIDE B                                                             
                                                                               
SENATOR LINCOLN asked on page 2, line 8 where it says the TLUMP EIS            
indicates no viability problem if the term used was "no short term             
problem."  She wanted to know if that was the correct actual                   
terminology or just a synopsis.  SENATOR MACKIE said he would have             
to check to see if that is the actual wording.                                 
                                                                               
SENATOR TAYLOR commented that the goshawk was never known to be in             
this area, although it's one of the most widely ranging hawks in               
the northern hemisphere.  He said he knew of no species that is                
threatened or has had its viability challenged or threatened on the            
near term (which includes up to 15 years).  SENATOR LINCOLN asked              
what the EIS actually said, because what he said is different than             
the information she got.                                                       
                                                                               
SENATOR LINCOLN moved to adopt amendment #2 deleting the term                  
"viability" and inserting "short term."                                        
                                                                               
SENATOR TAYLOR objected.  SENATOR MACKIE asked why she thought                 
there would be a long-term problem.  SENATOR LINCOLN said she was              
seeking accuracy and this is an inaccurate quote.  SENATOR TAYLOR              
said that the rest of the sentence said for 10 - 15 years which is             
considered short term.  He thought the amendment was redundant.                
SENATOR LINCOLN responded that she didn't mind being redundant if              
it was factual.  SENATOR TAYLOR said to him viability meant if                 
there was a breeding population of that species left.                          
                                                                               
CHAIRMAN HALFORD asked for a hand vote.  CHAIRMAN HALFORD, SENATORS            
GREEN, TORGERSON, and TAYLOR voted no; SENATOR LINCOLN voted yes;              
and the amendment failed.                                                      
                                                                               
SENATOR TAYLOR moved to pass CSSJR 24(RES) with individual                     
recommendations.  SENATOR LINCOLN said that Senator Murkowski                  
announced a couple of days ago the Forest Service has a commitment             
for the completion of TLUMP by June 20 and thought the committee               
might want to use June 20 in the resolution.  SENATOR MACKIE said              
he was willing to work with her on that issue.  There were no                  
objections and it was so ordered.                                              

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