Legislature(2001 - 2002)

02/06/2002 01:10 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                        February 6, 2002                                                                                        
                           1:10 p.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Beverly Masek, Co-Chair                                                                                          
Representative Drew Scalzi, Co-Chair                                                                                            
Representative Hugh Fate, Vice Chair                                                                                            
Representative Mike Chenault                                                                                                    
Representative Lesil McGuire                                                                                                    
Representative Gary Stevens                                                                                                     
Representative Mary Kapsner                                                                                                     
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Joe Green                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 131                                                                                                              
"An Act relating to standards for forest resources and                                                                          
practices; and providing for an effective date."                                                                                
                                                                                                                                
     - MOVED HB 131 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 131                                                                                                                  
SHORT TITLE:FOREST RESOURCES & PRACTICES STANDARDS                                                                              
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/16/01     0346       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/16/01     0346       (H)        FSH, RES                                                                                     
02/16/01     0346       (H)        FN1: ZERO(DNR)                                                                               
02/16/01     0346       (H)        GOVERNOR'S TRANSMITTAL LETTER                                                                
03/19/01                (H)        FSH AT 5:00 PM CAPITOL 124                                                                   
03/19/01                (H)        Moved Out of Committee                                                                       
03/19/01                (H)        MINUTE(FSH)                                                                                  
03/22/01     0685       (H)        FSH RPT 6DP 1NR                                                                              
03/22/01     0685       (H)        DP: DYSON, SCALZI, KAPSNER,                                                                  
                                   KERTTULA,                                                                                    
03/22/01     0685       (H)        WILSON, STEVENS; NR: COGHILL                                                                 
03/22/01     0685       (H)        FN1: ZERO(DNR)                                                                               
02/06/02                (H)        RES AT 1:00 PM CAPITOL 124                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
JEFF JAHNKE, Director                                                                                                           
Division of Forestry                                                                                                            
Department of Natural Resources                                                                                                 
550 West 7th Avenue, Suite 1450                                                                                                 
Anchorage, Alaska  99501-3566                                                                                                   
POSITION STATEMENT:  Testified on HB 131 on behalf of the                                                                       
Division of Forestry and the Board of Forestry.                                                                                 
                                                                                                                                
MARTY FREEMAN, Forest Resources Program Manager                                                                                 
Division of Forestry                                                                                                            
Department of Natural Resources                                                                                                 
550 West 7th Avenue, Suite 1450                                                                                                 
Anchorage, Alaska  99501-3566                                                                                                   
POSITION STATEMENT:  Testified on HB 131 behalf of the Division                                                                 
of Forestry.                                                                                                                    
                                                                                                                                
JAMES DURST, Habitat Biologist                                                                                                  
Division of Habitat and Restoration                                                                                             
Alaska Department of Fish And Game                                                                                              
1300 College Road                                                                                                               
Fairbanks, Alaska  99709                                                                                                        
POSITION STATEMENT:  Testified on HB 131 on behalf of the Alaska                                                                
Department of Fish and Game.                                                                                                    
                                                                                                                                
RICK SMERIGLIO, Environmental Representative                                                                                    
Alaska Board of Forestry                                                                                                        
31749 Solar Mountain Road                                                                                                       
Seward, Alaska 99664                                                                                                            
POSITION STATEMENT:   Testified in support of HB 131.                                                                           
                                                                                                                                
LARRY HARTIG, Recreation Representative                                                                                         
Alaska Board of Forestry                                                                                                        
180 Botanical Circle                                                                                                            
Anchorage, Alaska 99515                                                                                                         
POSITION STATEMENT:  Testified on HB 131, saying the Forest                                                                     
Resources and Practices Act has been very successful.                                                                           
                                                                                                                                
CHRIS STARK                                                                                                                     
Bering Sea Fisherman's Association                                                                                              
Yukon River Drainage Fisheries Association                                                                                      
PO Box 80543                                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified that HB 131 is a good bill.                                                                      
                                                                                                                                
NANCY FRESCO                                                                                                                    
Northern Alaska Environmental Center                                                                                            
830 College Road                                                                                                                
Fairbanks, Alaska 99709                                                                                                         
POSITION STATEMENT:  Testified in support of HB 131.                                                                            
                                                                                                                                
JANELL WELLBORN (on behalf of JAN DAWE)                                                                                         
Alaska Boreal Forest Council                                                                                                    
PO Box 84536                                                                                                                    
Fairbanks, Alaska 99708                                                                                                         
POSITION STATEMENT:   Speaking on  behalf of Jan  Dawe, Executive                                                               
Director, Alaska Boreal Forest Council, urged passage of HB 131.                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-5, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR  DREW   SCALZI  called  the  House   Resources  Standing                                                               
Committee meeting to  order at 1:10 p.m.  Present  at the call to                                                               
order were Representatives  Chenault, McGuire, Stevens, Kerttula,                                                               
Fate,  Masek,  and Scalzi.    Representative  Kapsner joined  the                                                               
meeting in progress.                                                                                                            
                                                                                                                                
HB 131-FOREST RESOURCES & PRACTICES STANDARDS                                                                                 
                                                                                                                                
Number 0116                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI announced  that the only order  of business would                                                               
be HOUSE BILL  NO. 131, "An Act relating to  standards for forest                                                               
resources and  practices; and providing  for an  effective date."                                                               
[There was  an unnecessary  motion to place  the bill  before the                                                               
committee.]                                                                                                                     
                                                                                                                                
Number 0158                                                                                                                     
                                                                                                                                
JEFF  JAHNKE,  Director,  Division  of  Forestry,  Department  of                                                               
Natural Resources  (DNR), presented HB 131  [which was introduced                                                               
by the  House Rules Committee by  request of the governor].   The                                                               
result of hard  work by many people, he said,  HB 131 responds to                                                               
the  board's request  several  years past  to  review the  Alaska                                                               
Forest Resources  and Practices Act ("Forest  Practices Act") and                                                               
make sure  it is up to  date.  The  process began in 1997  in the                                                               
coastal  region, including  Southeast Alaska,  culminating in  SB
12,  which passed  the  legislature in  1999.   This  bill is  in                                                               
regard to the second of three regions to review in the Interior.                                                                
                                                                                                                                
MR. JAHNKE  explained that the  process started with a  Science &                                                               
Technical  Committee  that  looked   at  the  Interior  and  made                                                               
recommendations to  protect water quality and  fisheries habitat.                                                               
Those  recommendations  were  taken   up  by  an  "implementation                                                               
committee" of  affected parties and stakeholders,  and then given                                                               
to the  Board of  Forestry, which reviewed  them and  put forward                                                               
its  own recommendation.   Mr.  Jahnke said  many interests  were                                                               
represented on  the board, including the  forest industry, Native                                                               
corporations,   commercial   fishing   interests,   environmental                                                               
organizations,   fish  and   wildlife  biologists,   recreational                                                               
organizations, and mining organizations.                                                                                        
                                                                                                                                
Number 0334                                                                                                                     
                                                                                                                                
MR.  JAHNKE  said  the  bill  was based  on  the  best  available                                                               
scientific  information, was  open to  the public  throughout the                                                               
process, and involved  a wide variety of interests.   He said the                                                               
bill  helps  ensure  that  the Act  continues  to  protect  water                                                               
quality and  fisheries habitat, as  well as allowing  for healthy                                                               
timber and fishing  industries.  It also makes it  easier for the                                                               
timber industry  to meet  the requirements  of the  federal Clean                                                               
Water Act and the Alaska Coastal Management Act.                                                                                
                                                                                                                                
Number 0449                                                                                                                     
                                                                                                                                
MARTY  FREEMAN, Forest  Resources  Program  Manager, Division  of                                                               
Forestry, Department  of Natural Resources, testified  before the                                                               
committee.   She told the committee  she was the co-chair  of the                                                               
Science  &  Technical  Committee and  implementation  group  that                                                               
helped in  developing the  bill.  She  advised members,  "This is                                                               
not a wholesale revision of the  Forest Practices Act."  She said                                                               
there  were  many  issues  for  which  the  Science  &  Technical                                                               
Committee and implementation group  did not recommend any changes                                                               
to the existing Act or regulations.                                                                                             
                                                                                                                                
MS. FREEMAN said the major  proposed changes affect only the part                                                               
of  the Act  that  addresses stream  classification and  riparian                                                               
management in Region  III, which is Interior Alaska  north of the                                                               
Alaska  Range.   There is  also a  minor change  to the  boundary                                                               
between  Region I  - the  Coastal Region  - and  Region II  - the                                                               
Southcentral Region on the Kenai Peninsula.                                                                                     
                                                                                                                                
Number 0526                                                                                                                     
                                                                                                                                
MS. FREEMAN  said the Interior  had been using  interim standards                                                               
for the riparian management under  the Forest Practices Act since                                                               
its  revision   in  1990.     Under  current   standards,  timber                                                               
harvesting can occur up to the  bank of anadromous waters on both                                                               
public and private land, under some conditions.                                                                                 
                                                                                                                                
MS.  FREEMAN  explained  that  under HB  131,  water  bodies  are                                                               
classified into three  different types in terms  of anadromous or                                                               
high-value  resident-fish water  bodies.   The  first are  large,                                                               
nonglacial  waters  including  glacial backwater  sloughs.    She                                                               
characterized  these  as Type  III-A  waters  - clear  waters  or                                                               
tannic waters as  well as slow waters off to  the side of glacial                                                               
waters.                                                                                                                         
                                                                                                                                
MS.  FREEMAN noted  that  on  private land,  there  is a  66-foot                                                               
buffer where cutting  is not allowed.  The buffer  extends to 100                                                               
feet on public  land.  Furthermore, on public land  in the buffer                                                               
area  between  66  and  100  feet, harvest  can  occur  with  the                                                               
concurrence of  the Alaska Department  of Fish and  Game (ADF&G).                                                               
She said  the main fish habitat  concerns for this type  of water                                                               
are summer water  temperatures and large woody debris.   She told                                                               
the committee that the 66-foot  distance was developed by looking                                                               
at the sun  angles in the Interior, and what  distance was needed                                                               
to  provide   adequate  shade  and   large  woody   debris  along                                                               
riverbanks.                                                                                                                     
                                                                                                                                
MS. FREEMAN  said the second  type, Type III-B, is  other glacial                                                               
waters.   She  gave  the example  of "main  rivers"  such as  the                                                               
Tanana River.   She said  a 66-foot riparian area  is established                                                               
on private  land, and  a 100-foot riparian  area on  public land.                                                               
The half  of the riparian area  closest to the river  is a no-cut                                                               
buffer.   The 50 feet  of riparian area  away from the  river can                                                               
have up  to half its  large white  spruce trees harvested.   This                                                               
allows landowners to take out  some of the large, valuable trees,                                                               
but still  provides for shade  and for  large woody debris.   She                                                               
said  the main  concern for  this  water body  type is  providing                                                               
enough large woody debris into the river system as a whole.                                                                     
                                                                                                                                
MS. FREEMAN addressed  the third type of water  body, Type III-C.                                                               
Small, nonglacial streams less than  three feet wide, these water                                                               
body  types are  bordered  by 100-foot  special management  areas                                                               
where  harvesting   can  occur,  but  must   be  consistent  with                                                               
maintenance of  important fish  habitat and  water quality.   She                                                               
said this  is the  status quo  for that  type under  the existing                                                               
Act.   She told members  ADF&G and DNR  must do more  research on                                                               
this particular  type in order to  look at the degree  of overlap                                                               
between the small streams and  commercial forest areas; they must                                                               
then  determine   whether  there  are  different   or  additional                                                               
management measures needed for Type III-C.                                                                                      
                                                                                                                                
Number 0751                                                                                                                     
                                                                                                                                
MS. FREEMAN  explained that in  Region III, the  Forest Practices                                                               
Act applies to commercial forestry  operations on land ownerships                                                               
where either the  operation borders surface waters  or a riparian                                                               
area, or  the operation is  more than 40 acres  in all.   It does                                                               
not apply to land if the landowner owns 160 acres or less.                                                                      
                                                                                                                                
Number 0793                                                                                                                     
                                                                                                                                
MS.   FREEMAN  told   members  HB   131  changes   the  statewide                                                               
nomenclature  for water  body  classes.   The  definition of  the                                                               
boundaries between  the regions  is in  the regulations,  and the                                                               
Division of Forestry wants to move them into the Act.                                                                           
                                                                                                                                
MS.  FREEMAN noted  that the  bill makes  a minor  change to  the                                                               
boundary between Region I - the  Coastal Region - and Region II -                                                               
the  Southcentral Region  - on  the  Kenai Peninsula.   She  said                                                               
currently the  eastern part of  the Kenai Peninsula is  in Region                                                               
I; the  bill shifts  that boundary westward  to better  match the                                                               
change between  the coastal  Sitka spruce  type and  the Interior                                                               
white spruce  type.  She  said most of the  land in this  area is                                                               
federal land; thus it has a modicum of an effect on landowners.                                                                 
                                                                                                                                
Number 0893                                                                                                                     
                                                                                                                                
REPRESENTATIVE MASEK asked  why land was moved from  Region II to                                                               
Region I.                                                                                                                       
                                                                                                                                
MS. FREEMAN  said the existing  boundary was very hard  to follow                                                               
on a  map.   The boundary  did not match  the change  between the                                                               
Sitka-spruce type and the white-spruce type.                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA  asked Jim  Durst how the  66-foot buffer                                                               
zones were working out, as opposed to the 100-foot buffers.                                                                     
                                                                                                                                
Number 1014                                                                                                                     
                                                                                                                                
JAMES  DURST,   Habitat  Biologist,   Division  of   Habitat  and                                                               
Restoration, Alaska  Department of  Fish And Game,  testified via                                                               
teleconference.     He  asked  if  Representative   Kerttula  was                                                               
referring to the difference between  public and private land.  He                                                               
then said the department was one  of the parties to the consensus                                                               
process.   He  noted  that he  was involved  in  the science  and                                                               
technical process that  resulted in some of  the modifications of                                                               
the Forest Practices Act in Region I.                                                                                           
                                                                                                                                
MR. DURST said the concept of  sharing the value of the forest is                                                               
a  little different  on private  land  than on  public land;  the                                                               
difference in buffer  zones was based on average  tree height and                                                               
"other  biological considerations."   He  said the  department is                                                               
comfortable with this.                                                                                                          
                                                                                                                                
Number 1098                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  asked how  long the department  has been                                                               
monitoring  for  the Forest  Practices  Act,  and what  types  of                                                               
reports and information have been turned up.                                                                                    
                                                                                                                                
Number 1120                                                                                                                     
                                                                                                                                
MS.   FREEMAN   said  there   are   two   types  of   monitoring:                                                               
implementation monitoring,  to make  sure the  Act is  being used                                                               
properly, and effectiveness monitoring.   The agencies have taken                                                               
the lead  on implementation monitoring,  especially in  Region I;                                                               
the initial round of monitoring was  done in 1999 and the second,                                                               
in 2001.   The initial monitoring showed greater  than 90 percent                                                               
implementation and very good compliance.                                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  if  the department  is doing  any                                                               
kind of studies on the buffer zone itself.                                                                                      
                                                                                                                                
MS. FREEMAN  said that is  "effectiveness monitoring."   She said                                                               
several [studies] are  looking at that; one has  been ongoing for                                                               
the  past seven  or  eight  years, led  by  the  industry but  in                                                               
cooperation with  the agencies.   She said  this study  looked at                                                               
instream characteristics;  at the  last update,  it did  not show                                                               
any  adverse impacts.   Ms.  Freeman said  those studies  must be                                                               
long-term because of natural variation.                                                                                         
                                                                                                                                
Number 1238                                                                                                                     
                                                                                                                                
MS.  FREEMAN  gave  another  example  of  a  study  done  by  the                                                               
department and the University of  Alaska, to look at a particular                                                               
technique    called   "bio-assessment"    that   studies    macro                                                               
invertebrates to see whether sedimentation  is causing an impact.                                                               
She  said that  report is  due out  in the  spring.   Ms. Freeman                                                               
noted that  effectiveness monitoring  is usually  very expensive,                                                               
but this study is a less expensive method.                                                                                      
                                                                                                                                
Number 1270                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI asked  if there were a number  of forest managers                                                               
per region.                                                                                                                     
                                                                                                                                
MR. JAHNKE  said that  in the eight  areas throughout  the state,                                                               
staffing runs from  two permanent positions to six  or seven, per                                                               
area.  There is  a tremendous growth - up to  300 people per area                                                               
- in staffing during the fire season.                                                                                           
                                                                                                                                
Number 1319                                                                                                                     
                                                                                                                                
MS. FREEMAN said for "forest  practices," specifically, there are                                                               
7.9 full-time equivalents, spread statewide.                                                                                    
                                                                                                                                
REPRESENTATIVE MASEK asked if there  will be any efforts made for                                                               
federal  regulations  on this  issues,  because  it is  a  public                                                               
resource near navigable waters.                                                                                                 
                                                                                                                                
MR. JAHNKE  said the  Forest Practices Act  serves and  meets the                                                               
requirements of  the Clean Water  Act.   He said this  limits the                                                               
amount of federal  process involved in the  harvesting of timber,                                                               
and he  does not expect that  to change, barring a  change in the                                                               
Clean Water Act or the department's effectiveness.                                                                              
                                                                                                                                
Number 1420                                                                                                                     
                                                                                                                                
RICK  SMERIGLIO, Environmental  Representative,  Alaska Board  of                                                               
Forestry, testified  that he  supports HB 131.   He  informed the                                                               
committee  that about  four years  ago, in  response to  a Alaska                                                               
Board of Forestry  resolution, this process began.   He explained                                                               
that he thinks it is an  outstanding process because it's had the                                                               
ongoing  involvement  of  all  of  the  interested  parties,  and                                                               
particularly the  affected parties  - the wood  products industry                                                               
in the Interior.                                                                                                                
                                                                                                                                
MR.  SMERIGLIO   offered  his  belief  that   the  Alaska  Forest                                                               
Association  had  submitted its  letter  of  endorsement of  this                                                               
legislation.  He said he believes  the best testimony to the good                                                               
process that  agencies and  others have  used regarding  the bill                                                               
thus far  is that last  year in  the [House Special  Committee on                                                               
Fisheries], there  was no significant  opposition.   He commented                                                               
that a number of people have  spoken in favor of this legislation                                                               
and that he doesn't recall any opposition to it.                                                                                
                                                                                                                                
Number 1483                                                                                                                     
                                                                                                                                
MR.  SMERIGLIO addressed  the  scientific  foundation under  this                                                               
legislation.  He said the  Science & Technical Committee that did                                                               
the  [research] published  an annotated  bibliography of  all the                                                               
research  and literature  with any  bearing on  this particularly                                                               
complex ecosystem and hydrology in the Interior.                                                                                
                                                                                                                                
MR. SMERIGLIO  offered that the  key point  was coming up  with a                                                               
classification system, which  is in the bill, to  make some sense                                                               
out of the warm water  upwellings, the glacial backwater sloughs,                                                               
and all  of the  water that has  a bearing on  the forest  in the                                                               
Interior; without  that, he doesn't  think the  legislation would                                                               
have come  this far, because people  did look to the  factual and                                                               
scientific basis of coming up with this law.                                                                                    
                                                                                                                                
MR. SMERIGLIO  commented that  of all of  the people  involved in                                                               
this [research], there were five  University of Alaska professors                                                               
- not  advocates or agency  personnel, but  disinterested experts                                                               
who  had some  particular knowledge  of  trees and  water in  the                                                               
Interior.    He  noted  that  their input  was  invaluable.    He                                                               
reiterated  that  he  believes  that   is  one  reason  that  the                                                               
legislation has come this far.                                                                                                  
                                                                                                                                
Number 1583                                                                                                                     
                                                                                                                                
MR.  SMERIGLIO  explained  that  a   couple  of  years  ago,  the                                                               
legislature "tweaked" the  Forest Practices Act so  that all fish                                                               
streams in  the Coastal Region  have buffers.   If [HB  131] goes                                                               
forward,  it  will  result  in  buffers  for  all  Interior  fish                                                               
streams,  which will  send a  good, clear  message regarding  how                                                               
forestry  is  done  in Alaska.    Currently,  statutory  language                                                               
allows for  logging up  to a  creek in  the Interior  if adequate                                                               
protection remains;  he indicated there are  arguments about what                                                               
is adequate protection.   He said this bill narrows  it down to a                                                               
certain   footage  that   [defines]   "adequate";  there   really                                                               
shouldn't be much argument after that, he concluded.                                                                            
                                                                                                                                
Number 1611                                                                                                                     
                                                                                                                                
MR. SMERIGLIO explained that  as the Environmental Representative                                                               
on the  Alaska Board  of Forestry,  he believes  this legislation                                                               
represents good forestry;  nationwide, this is what  it is coming                                                               
to:   fish  streams are  buffered, which  is good  forestry.   He                                                               
noted that he was previously a  forester and is still a member of                                                               
the  Society  of  American  Foresters.   He  stated  that  as  an                                                               
environmentalist  and   a  former  forester,  he   supports  good                                                               
forestry,  which  is why  he  supports  HB  131.   He  urged  the                                                               
committee to support it as well.                                                                                                
                                                                                                                                
Number 1680                                                                                                                     
                                                                                                                                
LARRY   HARTIG,  Recreation   Representative,  Alaska   Board  of                                                               
Forestry, began by saying that  the issue of whether the riparian                                                               
standards were protective  of fish - in accord  with the purposes                                                               
of the  Forest Practices Act -  became a real issue  in Region I,                                                               
the  coastal  area that  includes  Juneau  and Southeast  Alaska,                                                               
about five or six  years ago.  At the time,  there wasn't much of                                                               
a consensus.   Therefore, the Board of Forestry  tried to develop                                                               
a process that would lead toward a consensus.                                                                                   
                                                                                                                                
MR. HARTIG  explained that  what makes  the Forest  Practices Act                                                               
work  is building  a  consensus among  the  stakeholders and  the                                                               
three resources agencies  that administer the Act.   He commented                                                               
that in his  opinion - and that of others  who've worked with the                                                               
Act - it has  been a very successful Act.   He suggested that the                                                               
reason  is  because  of  this  consensus-building  process.    He                                                               
explained that the Board of  Forestry consists of representatives                                                               
from  various  interest  groups.     He  pointed  out  that  Rick                                                               
Smeriglio   is   a    representative   from   the   environmental                                                               
organizations; Bill Jeffress is  a representative from the mining                                                               
group.                                                                                                                          
                                                                                                                                
MR.   HARTIG   advised   the  committee   that   Mr.   Smeriglio,                                                               
Environmental  Representative, Alaska  Board of  Forestry, wanted                                                               
to  inform the  committee  that  the mining  group  of the  board                                                               
supports HB 131.                                                                                                                
                                                                                                                                
MR. HARTIG,  returning to the  process by which  something passes                                                               
from the  board, explained  that in order  for something  to pass                                                               
from the  board, it  must pass with  either unanimous  consent or                                                               
unanimous consent less one.   Therefore, consensus building among                                                               
the group  is forced.   Furthermore,  it causes  the stakeholders                                                               
and interested parties  to bring issues to the board  in order to                                                               
resolve issues.   He said he feels that over  the years the board                                                               
has  been  able  to  forge   consensus  and  hopefully  save  the                                                               
legislature time in dealing with forestry issues.                                                                               
                                                                                                                                
MR. HARTIG  reported that  the board has  three meetings  a year.                                                               
In  the Fairbanks  meetings,  he has  noticed  a growing  concern                                                               
regarding the  forest industry in  Interior Alaska.   There seems                                                               
to be a desire for the  same sort of protection of riparian areas                                                               
as in  Region I.   Therefore, the [board]  felt it was  timely to                                                               
address the  arboreal forest  in Interior  Alaska.   As mentioned                                                               
earlier, the  process utilized in  Region I was used  in Interior                                                               
Alaska, and was  used on the technical  and implementation level,                                                               
which  resulted in  the package  before the  committee [HB  131].                                                               
Mr. Hartig  concluded by urging the  passage of HB 131.   He also                                                               
commended the  agencies and Ms.  Freeman, who  did a lot  of hard                                                               
work on this.                                                                                                                   
                                                                                                                                
Number 1919                                                                                                                     
                                                                                                                                
CHRIS  STARK, Bering  Sea  Fisherman's  Association; Yukon  River                                                               
Fisheries Drainage  Association, informed  the committee  that he                                                               
is a  research associate  with the University  of Alaska,  is the                                                               
environmental representative  on the  Tanana Valley  State Forest                                                               
Community Advisory  Committee, and  is a fisheries  biologist for                                                               
the Board  of Fisheries.   Mr. Stark said HB  131 is a  good bill                                                               
that is  well based in  science.  Additionally,  this legislation                                                               
grew   from   a  large   consensus   base;   the  industry,   the                                                               
environmental organizations,  and the  agencies are  in [support]                                                               
of this.  Mr. Stark pointed out  that this is probably one of the                                                               
last areas  in North America  that isn't buffered, and  thus [the                                                               
legislation] is  a positive  step.   Furthermore, this  bill will                                                               
assist in the  next area, Region II - the  Kenai Peninsula area -                                                               
which has similar issues.                                                                                                       
                                                                                                                                
Number 2064                                                                                                                     
                                                                                                                                
NANCY  FRESCO, Northern  Alaska  Environmental Center,  testified                                                               
via teleconference, voicing  support for HB 131 on  behalf of the                                                               
Northern  Alaska  Environmental  Center.     She  echoed  earlier                                                               
testimony that  this is  a terrific  example of  legislation that                                                               
has been reviewed  by all the stakeholders, which  she said makes                                                               
all the  difference.  She stated,  "We all got a  compromise that                                                               
we  could live  with.   And  we  all got  a  compromise that  was                                                               
solidly  based on  the scientific  recommendations that  had been                                                               
handed  to us."   She  expressed hope  that the  legislature will                                                               
support HB 131.                                                                                                                 
                                                                                                                                
Number 2190                                                                                                                     
                                                                                                                                
JANELL WELLBORN  announced that she  would be speaking  on behalf                                                               
of JAN  DAWE, Executive Director,  Alaska Boreal  Forest Council.                                                               
She provided the following testimony:                                                                                           
                                                                                                                                
     The  council  is  a  501(c)(3)  community-based  forest                                                                    
     education and  research organization.   [The council's]                                                                    
     mission is  to sustain  the boreal forest  ecosystem of                                                                    
     Alaska   by   helping   integrate   community   values,                                                                    
     ecosystem  health,  and  economic development,  and  by                                                                    
     promoting  informed  public participation  in  decision                                                                    
     making.                                                                                                                    
                                                                                                                                
     Through  inclusive forums,  programs, and  service, the                                                                    
     council works  to present and  discuss all sides  of an                                                                    
     issue  so that  individuals have  the information  they                                                                    
     need to  make their own  decision.  This  background is                                                                    
     provided  to  underscore the  fact  that  it is  highly                                                                    
     unusual  for  the  council  to   take  a  stand  on  an                                                                    
     individual piece of legislation.   In fact, this is the                                                                    
     first  time we've  done so  since our  incorporation in                                                                    
     1997.                                                                                                                      
                                                                                                                                
     The council  applauds the efforts that  stand behind HB
     131.  We urge its  passage, which we see as fundamental                                                                    
     to creating  sound forest  policy for  Interior Alaska.                                                                    
     The  bill represents  a  broad-based  consensus of  the                                                                    
     best  management practices  for forestry  activities in                                                                    
     riparian areas,  and will help  ensure that  Region III                                                                    
     standards  protect fish  habitat and  water quality  to                                                                    
     support  healthy  timber  and fishing  industries,  and                                                                    
     incorporate the best  available science into management                                                                    
     procedures.   The Board of Forestry  and the Department                                                                    
     of  Natural   Resources,  as   well  as   everyone  who                                                                    
     participated   on  the   science   and  technical   and                                                                    
     implementation subcommittees  of the  board, are  to be                                                                    
     congratulated for this work.  Thank you.                                                                                   
                                                                                                                                
CO-CHAIR SCALZI asked whether anyone else wished to testify;                                                                    
there being no response, he closed public testimony.                                                                            
                                                                                                                                
Number 2307                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE echoed the earlier comments that HB 131 is                                                                  
one of the few bills that has experienced such consensus.  He                                                                   
noted his hope that the committee would move the bill.                                                                          
                                                                                                                                
CO-CHAIR MASEK turned to the Analysis section of the fiscal                                                                     
note.  She pointed out that it says:                                                                                            
                                                                                                                                
     If  the   amount  of   harvesting  on   non-state  land                                                                    
     increases  substantially, or  if [Forest  Resources and                                                                    
     Practices  Act]   (FRPA)  funding,   including  federal                                                                    
     Section    319    funding,   declines    significantly,                                                                    
     additional funds would be  needed for field inspections                                                                    
     of  riparian  buffers.   On  state  land,  the  revised                                                                    
        riparian standards can be incorporated into the                                                                         
     existing sale design process.                                                                                              
                                                                                                                                
MR. JAHNKE  explained that at  the current levels of  harvest and                                                               
funding,  DNR  feels   comfortable  that  it  will   be  able  to                                                               
successfully implement the  Forest Practices Act.   He noted that                                                               
the current  level of  funding includes  general fund  (GF) money                                                               
and  some  Section  319  funds,  both of  which  are  crucial  to                                                               
reaching an effective level of implementation.                                                                                  
                                                                                                                                
MR. JAHNKE mentioned that this  was discussed at the recent Board                                                               
of Forestry  meeting.   However, he  identified the  following as                                                               
possible concerns  in regard to  the future ability  to implement                                                               
the  Forest Practices  Act.   First, the  Section 319  funding is                                                               
federal  funding and  thus is  always  in question.   Second,  an                                                               
increase  in activity  would be  of concern  because the  current                                                               
level of activity  in the Forest Practices Act  is down somewhat.                                                               
Therefore,  it has  allowed  more monitoring  and  review of  the                                                               
Forest  Practices  Act.    If  activity  increased,  there  would                                                               
probably   be   a  reduced   level   of   monitoring,  and   some                                                               
consideration would  have to  be given  regarding whether  to use                                                               
some of the  Resource Management Program funding  to help support                                                               
the Forest Practices Act.                                                                                                       
                                                                                                                                
Number 2514                                                                                                                     
                                                                                                                                
CO-CHAIR  MASEK asked  whether  the number  of  people using  the                                                               
buffer zones has increased or decreased.                                                                                        
                                                                                                                                
MR. JAHNKE noted that it would  be based on the market for forest                                                               
products,  which [the  department] has  a limited  opportunity to                                                               
control.  That  market "drives" the number  of people harvesting,                                                               
which  drives  the  department's  activity  associated  with  the                                                               
Forest Practices Act.                                                                                                           
                                                                                                                                
MR. JAHNKE pointed  out that the market for forest  products is a                                                               
volatile  market with  many  fluctuations.   When  the market  is                                                               
down, the focus is on rounding  out the program by diverting some                                                               
funds to  monitoring and  developing updated  statutes, policies,                                                               
and regulations.                                                                                                                
                                                                                                                                
MS. FREEMAN interjected  that the amount of  activity varies from                                                               
area to area,  as well as year  to year.  For  example, this year                                                               
in  southern Southeast  Alaska, the  number of  new notifications                                                               
was down, while it was up in northern Southeast Alaska.                                                                         
                                                                                                                                
Number 2603                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE requested  that  Mr.  Jahnke provide  her                                                               
with information  regarding the GF  dollars in order to  be aware                                                               
of that when the budget [is debated].                                                                                           
                                                                                                                                
MR. JAHNKE agreed to provide that information.                                                                                  
                                                                                                                                
REPRESENTATIVE McGUIRE commended everyone on the process.                                                                       
                                                                                                                                
MR. JAHNKE  remarked that accomplishing  something [like  HB 131]                                                               
is helpful to all interests.                                                                                                    
                                                                                                                                
Number 2690                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE moved to report  HB 131 out of committee with                                                               
individual  recommendations  and  the  accompanying  zero  fiscal                                                               
note.   There being  no objection,  HB 131 was  moved out  of the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources   Standing   Committee   meeting   was   adjourned   at                                                               
approximately 1:50 p.m.                                                                                                         
                                                                                                                                

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