Legislature(1993 - 1994)
03/28/1994 03:36 PM Senate RES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE RESOURCES COMMITTEE
March 28, 1994
3:36 P.M.
MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Loren Leman, Vice Chairman
Senator Steve Frank
Senator Fred Zharoff
MEMBERS ABSENT
Senator Drue Pearce
Senator Al Adams
Senator Dave Donley
COMMITTEE CALENDAR
CS FOR HOUSE JOINT RESOLUTION NO. 50(RES)
Relating to the North Pacific Fishery Management Council
comprehensive rationalization plan.
HOUSE JOINT RESOLUTION NO. 34
Requesting the Department of Commerce to give a high priority to
fisheries development project grants for the Alaska salmon
industry.
SENATE BILL NO. 306
"An Act relating to an antitrust exemption for persons engaged in
the fishing industry."
SENATE BILL NO. 310
"An Act relating to the management and sale of state timber;
relating to the classification of state land that would preclude
harvesting of timber or would designate harvesting of timber as an
incompatible use; relating to the administration of forest land,
proposals for state forest, and the determination of sustained
yield; and providing for an effective date."
SENATE BILL NO. 311
"An Act authorizing a credit against the fishery resource landing
tax for certain contributions made by taxpayers not harvesting
fisheries resources under a community development quota and for
contributions based on fishery resources not harvested under a
quota made by taxpayers harvesting fisheries resources under a
community development quota, amending the manner of calculating the
amount available for revenue sharing by operation of this credit,
and expediting agency review of the credit applications under that
tax; and providing for an effective date."
SENATE BILL NO. 339
"An Act relating to the management of state land and resources;
relating to certain remote parcel and homestead entry land purchase
contracts and patents; and providing for an effective date."
PREVIOUS ACTION
HJR 50 - See Resources dated 3/24/94.
HJR 34 - See Resources minutes dated 3/25/94.
SB 306 - See Resources minutes dated 3/24/94.
SB 310 - See Resources minutes dated 3/2/94, 3/16/94, 3/22/94, and
3/24/94.
SB 311 - See Resources minutes dated 3/23/94.
SB 339 - See Resources minutes dated 3/18/94, 3/21/94, 3/28/94, and
4/8/94.
WITNESS REGISTER
Rick Solie, Legislative Aide
c/o Senator Steve Frank
State Capitol
Juneau, Ak. 99801-1182
POSITION STATEMENT: Commented on CSSB 310.
Tom Boutin, Director
Division of Forestry
Department of Natural Resources
400 Willoughby
Juneau, Ak. 99801-1724
POSITION STATEMENT: Supported CSSB 310.
Cliff Eames
Alaska Center for the Environment
519 W 8th Ave., #201
Anchorage, Ak. 99501
POSITION STATEMENT: Supported SB 339 except for sections 20 and
21.
Larry Smith
Kachemak Resources Institute
1520 Lakeshore Dr.
Homer, Ak. 99603
POSITION STATEMENT: Commented on SB 339.
Steve Gibson
1622 Highland Dr.
Homer, Ak. 99603
POSITION STATEMENT: Opposed sections 20 and 21 of SB 339.
Glenn Juday
4837 Palo Verde
Fairbanks, Ak. 99709
POSITION STATEMENT: Opposed sections 20 and 21 of SB 339.
Jan Dawe
P.O. Box 82003
Fairbanks, Ak. 99708
POSITION STATEMENT: Opposed sections 20 and 21 of SB 339.
Lane Thompson
P.O. Box 80368
Fairbanks, Ak. 99708
POSITION STATEMENT: Opposed SB 339
Silvia Ward
Northern Alaska Environmental Center
218 Driveway
Fairbanks, Ak. 99701
POSITION STATEMENT: Opposed SB 339.
Doug Yates
P.O. Box 221
Ester, Ak. 99725
POSITION STATEMENT: Opposed sections 20 and 21 of SB 339.
Martha Reynolds
P.O. Box 84169
Fairbanks, Ak. 99708
POSITION STATEMENT: Opposed sections 20 and 21 of SB 339.
William Dunne
Alaska Environmental Lobby
P.O. Box 22151
Juneau, Ak. 99802
POSITION STATEMENT:
ACTION NARRATIVE
TAPE 94-31, SIDE A
Number 001
CHAIRMAN MILLER called the Resources Committee meeting to order at
3:36 p.m. and announced CS HJR 50( RES) (NPFMC COMPREHENSIVE
RATIONALIZATION PLAN) to be up for consideration.
SENATOR LEMAN moved to pass CSHJR 50(RES) from Committee. There
were no objections and it was so ordered.
SENATOR MILLER announced HJR 34 (FED FISH RESEARCH & DEVELOPMENT
GRANTS) to be up for consideration.
SENATOR ZHAROFF moved to pass HJR 34 from committee. There were no
objections and it was so ordered.
SENATOR MILLER announced SB 306 (ANTITRUST EXEMPTION FOR FISHERMEN) N)
to be up for consideration.
SENATOR ZHAROFF moved to pass SB 306 from committee with individual
recommendations. There were no objections and it was so ordered.
SENATOR MILLER announced SB 310 (STATE/PRIVATE/MUNI TIMBER
OPERATION/SALE) to be up for consideration and announced a recess
for a couple of minutes.
SENATOR FRANK moved to adopt the proposed CS, Luckhaupt version U
3/18/94, to SB 310. There were no objections and it was so
ordered.
SENATOR FRANK moved to adopt amendment 1.
RICK SOLIE, Legislative Aide for Senator Frank, explained that
amendment 1 would amend the section for small timber sales not in
the 5 year plan to be noticed sales under AS 38.05.945 (b) which
would allow the public 30 days notice.
SENATOR MILLER said there were no objections and amendment 1
passed.
Number 85
SENATOR FRANK moved to adopt amendment 2, Luckhaupt U2.
RICK SOLIE explained that this amendment would more clearly follow
Senator Frank's intent with a comment period of not less than 30
days and not more than 60.
TOM BOUTIN, Director, Division of Forestry, said there was no
problem with these amendments and that the public process was very
important.
SENATOR MILLER announced there were no objections and amendment 2
was adopted.
SENATOR FRANK moved to adopt amendment 3, Luckhaupt U3.
RICK SOLIE said this amendment provides for a renewal for an FMA
that would not lock the state into an extension.
SENATOR MILLER said there were no objections to amendment 3 and it
was adopted.
Number 136
SENATOR FRANK moved to adopt amendment 4, Luckhaupt U4.
MR. SOLIE said amendment 4 would put some bonding provisions in the
bill that the department already practices requiring it of FMAs.
MR. BOUTIN said these were already a feature of their ongoing
contracts.
SENATOR MILLER noted there were no objections and amendment 4 was
adopted.
SENATOR FRANK moved to adopt amendment 5, Luckhaupt U5.
MR. SOLIE said amendment 5 inserts the definition of sustained
yield that is in Title 38, not the one in Title 41.
MR. BOUTIN said this definition is a little more comprehensive and
is the one the Division of Forestry has to follow anyway on state
land.
SENATOR PEARCE asked what the difference was.
SENATOR FRANK explained under Title 41 if this were a universe of
forest, you could cut at a faster rate. It there was a 100 year
regeneration cycle, you could cut more than 1/100 per year if it
made sense. Under even flow you are more restricted to doing it
evenly over the regeneration cycles.
MR. BOUTIN explained that the underlying fear of this amendment is
if the state had timber on, for example, 100 year rotation, and put
all of that timber under a 20 year contract, using the Title 41
definition, the state could log the entire 100 years of timber in
the first 20 years and then be out of timber for 80 years.
SENATOR PEARCE asked if even flow would be applied to all state
forests or to each sale. MR. BOUTIN said the state doesn't have in
law a unit concept. It does calculate the annual allowable cut for
the Tanana Valley State Forest and then for other forests.
SENATOR MILLER noted there were no further objections to amendment
5 and it was adopted.
SENATOR ZHAROFF said under section 6 what did "managing a state
forest the Commissioner shall maintain growth at a high level of
productivity" mean.
MR. BOUTIN explained that the Division of Forestry does now remedy
forest insect epidemics. It does now replant after fires to the
extent that it can, even though it is not required by law. They do
use precommercial thinning and other forestry methods to maintain
a high level of productivity. He used the Rosie Creek burn as an
example.
SENATOR ZHAROFF asked how he would do that under this bill without
having an increased budget. MR. BOUTIN said one resource that has
drawn a lot of attention in respect to the FMAs is the 60 million
feet allowable cut of low value hardwood in the interior that isn't
being used now. A lot of it is dying back and rotting, so bringing
this timber into forestation would increase the level of
productivity geometrically and without any cost. That timber has
a positive market value if there is an industry built to use it.
SENATOR FRANK moved to pass CSSB 310(RES) from committee with
individual recommendations. SENATOR ZHAROFF objected. He said we
just went through a major revision with the Forest Practices Act,
and a number of people put a lot of effort into that. This is a
move around that Act and it is causing a great deal of concern.
SENATORS MILLER, LEMAN, FRANK, and PEARCE, voted yes; SENATOR
ZHAROFF voted no and CSSB 310(RES) passed from committee.
Number 344
SENATOR MILLER announced SB 311 (CREDIT TO FISHERY RESOURCE LANDING NG
TAX) to be up for consideration.
SENATOR LEMAN moved amendment 1. There was an objection. SENATOR
LEMAN said he applauded the intent of the bill. However, in light
of having consistent state tax policy we should make sure our tax
credits are somewhat consistent.
SENATOR JACKO explained that CDQ harvesters would get 100% and non
CDQ harvesters would get 50%.
SENATOR JACKO said he was concerned that amendment 1 would not give
factory trawlers enough incentive to pay to get the credit.
SENATOR FRANK said he would like to understand more about the total
tax situation.
SENATOR PEARCE agreed with Senator Leman and read from a statute
the legislature passed last year regarding credits.
SENATOR ZHAROFF asked who would determine if the person is being
trained at $25,000 or $50,000 for a specific skill and who, then,
would receive the funding for that training.
Number 522
SENATOR LEMAN said because of the questions regarding his amendment
he would withdraw it at this time, but requested that it accompany
the bill, if it is discharged today.
SENATOR FRANK moved to pass CSSB 311 from committee with individual
recommendations with accompanying fiscal notes and the accompanying
amendment. SENATOR ZHAROFF objected to say there is a lawsuit out
there, also. He wanted a clear understanding that this is not
affecting those monies that go back to the municipalities if there
is a shared tax.
SENATOR MILLER said CSSB 311 moved from committee with individual
recommendations.
Number 556
SENATOR MILLER announced SB 339 (MANAGEMENT OF STATE LAND AND
RESOURCES) to be up for consideration. He said they would take
testimony only.
CLIFF EAMES, Alaska Center for the Environment, supported SB 339
and most of the proposed amendments. They appear to be
housekeeping amendments. He said the catastrophic nature of the
insect infestation has been grossly overstated in Alaska.
TAPE 94-31, SIDE B
Number 580
The idea that these trees are wasted if they are not logged is not
the case, if you talk to an ecologist, MR. EAMES said. These trees
are recycled into the ecosystem which has been the case for
hundreds of thousands of years. In conclusion, he opposed sections
20 and 21 of SB 339.
Number 568
LARRY SMITH, Kachemak Resource Institute, said he has spent 20
years chasing bark bugs one way or the other. Professionally he is
a lumber user. He said that bad logging caused more beetles. We
need to have consistency within the forestry division which is
headed by a good person this year. Our recent experience with
salvage sales in Cook Inlet should be closely examined. The big
bark beetle scare led to a 223,000 acre long term sale to a big
international company in which we lost a lot of money, damaged
habitat, and caused more bark beetles.
MR. SMITH said he believed we need enforcement of the provisions
enacted by the legislature in 1990 to control bark beetles. DNR
needs to do what they were told by the legislature before the rules
are changed again.
STEVE GIBSON, Homer, said he was a local sawmiller for the last 15
years. He said section 20 is unnecessary for a responsible
planning agency. Under current 5 year planning requirements, the
sale can be executed within 14 months of conception. Most of the
timber on the Kenai Peninsula is of marginal or submarginal value
when not infested. It requires a subsidy even to sell it.
SB 339 is a law designed to circumvent intelligent public opinion
and not solicit it. He strongly urged them to abandon sections 20
and 21 of SB 339.
Number 512
GLENN JUDAY, Fairbanks, said he is a professional forester and was
concerned with sections 20 and 21, because they look like an avenue
to avoid conforming with the land use plan in place for the
affected area. He was also concerned that it requires the
Commissioner to see into the future regarding insect epidemic.
Rather than lose substantial economic value, there should be some
requirement to provide for a net return to the state on its
resources.
Number 483
JAN DAWE, Fairbanks, was concerned with sections 20 and 21 of SB
339. She said it does in a backdoor manner what SB 310 does in the
open. She is concerned the last leg of the 5 year timber harvest
schedule is being taken away from public oversight.
She asked for the rationale behind section 21 and how they get a
best interest finding out of it.
MR. BOUTIN said the Division has run into this issue quite
regularly particularly when the Department of Transportation is
going to use barrow pits and where there has been an intended
conversion to agricultural use. Sometimes those conversions need
to take place more quickly than 38.05.113 would allow.
MS. DAWE said the public should have advanced notice and strongly
urged they to remand sections 20 and 21.
LANE THOMPSON, Fairbanks civil engineer, opposed sections 20 and 21
of SB 339 which seems to be designed to circumvent the public
comment that is possible under existing law. With the University
lands and Mental Health lands coming up, there is a much bigger
opportunity for clear cutting than would be available under
existing law. He opposed sections 20 and 21, because they are
designed to keep the public out. We need to get on with rational
planning of the long-term logging industry in the Tanana Valley, he
said, and drop SB 310 and SB 339.
SILVIA WARD, Norther Alaska Environmental Center, commented that in
sections 20 and 21 with salvage sales there is no requirement for
reforestation which is not good forestry practice.
Number 380
DOUG YATES, Fairbanks, objected to sections 20 and 21. Salvage
sales are negotiated sales of forest resources and response the
insect infestation is unwarranted at this time. These sections
will not improve forest health, appear to be designed to create a
false rational for timber harvest. Please tighten the existing
regulations within the Division of Forestry, he urged. Follow the
public process and provide regulatory continuity for Alaska's
forest resources. Economic values of unutilized wood fiber is not
the only measurement you should be considering.
MARTHA REYNOLDS, Fairbanks, said section 20 sets no limits on size
of salvage sales and shows no provision for public input, even if
the sales are very large. She is concerned that sections 20 and 21
make no mention of net income flow and have no requirements for the
state getting fair value for their timber resources.
WILLIAM DUNNE, Alaska Environmental Lobby, has little or no
objections to the majority of proposed changes to SB 339 which have
been updated. Other provisions, sections 20 and 21, will cause
great harm to the environment and should be addressed separately.
His objections were to the conditions of salvage sales in section
20. They do support the salvage of timber on land that would be
converted to nonforest uses. They oppose exempting salvage timber
sales for existing size limits, public involvement, and restoration
provisions of state law. Many biologists and forest ecologists
feel that forest epidemics are self regulating and actually improve
habitat for many types of wildlife. Records indicate that bark
beetle outbreaks have occurred regularly over the past 70 years
without negative impacts to overall forest health. Forest health
problems are associated with fire suppression, poor logging
practices, seismic trail power line, and road building activities.
Salvage sale provisions in sections 20 and 21 would create a
loophole allowing large scale negotiated long term timber sales in
areas where DNR claims health problems exist. The U.S. Forest
Service has abused their salvage sale provisions extensively on
national forests for years. These sections would give the
Commissioner of DNR extraordinary latitude in determining and even
predicting forest health, employment levels, and timber values.
SENATOR MILLER said they would work with this bill before bringing
it before the committee and adjourned the meeting at 4:52 p.m.
| Document Name | Date/Time | Subjects |
|---|