HB 284 - TIMBER THREATENED BY PESTS OR DISEASE CO-CHAIRMAN OGAN announced the next order of business was House Bill Number 284, "An Act relating to infestations and diseases of timber." CO-CHAIRMAN OGAN stated there is still not a quorum so there will be public testimony only. Number 1045 TOM MANNINEN, Legislative Administrative Assistant, to Representative Mark Hodgins, Alaska State Legislature, stated he is here to introduce an amendment. It reads as follows: TO: HB 284 Page 2, line 20, following "chapter": Insert ", other than a requirement of or a regulation adopted under AS 41.17.115 - 41.17.119." MR. MANNINEN explained the amendment would prohibit the commissioner of natural resources from waiving the requirements of 41.17.115 - 41.17.119 that deal with riparian management, riparian standards for private lands, riparian standards for state land, and minimum riparian standards for other public land. MR. MANNINEN referred to a handout illustrating the infestation on the Kenai Peninsula and Southcentral. MR. MANNINEN further stated Representative Hodgins is very concerned about the fire risks, public safety, and maximum use of the resource. Representative Hodgins respectfully asks that the committee take action on the bill when there is a quorum. Number 1212 CO-CHAIRMAN OGAN stated the amendment would not allow the commissioner to waive stream setbacks. Number 1275 BRUCE BAKER testified in Juneau. He was employed by the United States Forest Service for 12 years as a forester and forest entomologist (insect specialist). He has worked on forest insect populations throughout Alaska, including spruce beetles on the Kenai Peninsula. He also served for 11 years as a deputy director in the Department of Fish and Game. He and his wife own a small woodlot. House Bill 284 is bad public policy. It's narrow-minded, caters to special interests, lacks either an economic or biological basis, and bars the public from the Department of Natural Resources (DNR) decision process. MR. BAKER explained the bill uses native forest insects and diseases as excuses to fast-track timber sales. He cannot think of a single native Alaskan forest insect or disease, the build up and spread of which is likely to be affected over a significant area by salvage logging dead standing trees. Forest insect populations and diseases built up when forest conditions become favorable for them to do so. This bill confuses symptoms with underlying cause. It confuses the salvage utilization of wood fiber with basic forest biology. MR. BAKER explained the bill makes it a requirement that DNR enter a salvage agreement with a private owner or public manager. Native forest insects and diseases are natural disturbance events, and even when some of them reach levels alarming to humans, they play important roles in natural forest habitat renewal. Wildlife managers, commercial tourism businesses, non-commercial recreationists, and private forest owners may define forest health and the need for salvage very differently than DNR and the timber industry do. MR. BAKER explained the bill requires that if infested or diseased trees on state or municipal land are thought to pose "an environmental catastrophe," timber is to be "salvaged" as rapidly as possible. A catastrophe is in the eye of the beholder, and by ignoring effects on wildlife, the bill ignores the state's constitutional mandate that all renewable resources be managed on the sustained yield principle. The bill ignores the question of whether the alleged benefits of timber salvage and logging roads would justify their adverse impacts on wildlife or recreational opportunities. For example, it has been demonstrated that increased "roading" can be damaging to brown bears because of increased poaching and the killing of bears in the name of the protection of life and property. MR. BAKER stated the bill amends existing law by allowing DNR to put up salvage sales of less than 200 acres without preparing a plan of operation that is subject to agency and public review under the Forest Practices Act. MR. BAKER stated the bill implies that salvage of dead trees can be expected to "eliminate" an insect or disease condition. There is absolutely no evidence that a native forest insect or disease can be "eliminated" from Alaska, and it is misleading to the public to suggest otherwise. MR. BAKER stated the bill fails to acknowledge alternative means of preventing or reducing fuel accumulation that results from years of fire suppression in fire-prone forests. An obvious option would be the use of prescribed burning in which site access is by helicopter rather than roads. MR. BAKER stated the economics of HB 284 are seriously flawed because it requires state salvage regardless of whether they turn a profit, and it fails to acknowledge the economic values of resources that may be negatively impacted by the effects of logging and increased roading. MR. BAKER stated by forcing big government down the throats of private forest owners, the bill is an invasion of private property rights. A private forest owner's only recourse will be to show in court how salvage of their dead timber will not benefit adjacent landowners. Number 1500 DICK BISHOP, Representative, Alaska Outdoor Council (AOC), testified in Juneau. The AOC at its annual meeting voted in favor of the bill. It is going in the right direction. Amendments might be appropriate, but the AOC has not come up with any yet. It is right to harvest beetled-killed timber as expeditiously as possible. He suggested specifically mentioning a reference to the creation of wildlife habitats. There is the potential in logging, natural fires, and prescribed burnings for taking measures that will greatly enhance wildlife habitats and populations. Number 1631 GEORGE MATZ testified via teleconference in Anchorage. He opposes HB 284. Fiscally, it comes at a time when the state needs to concentrate on existing programs with established needs rather than starting a new program. Economically, it is not feasible. Scientifically, it is based more on alchemy rather than biology. In addition, the Division of Forestry has stated that salvaging won't control spruce bark beetles. It also takes private land. He has land in the Rabbit Creek area in Anchorage, and last year he noticed a few signs of spruce bark beetle infestation. He would want some compensation for taking his trees, otherwise he would take the state to court. In court the state would have a hard time proving it is an ecological catastrophe. He suggested looking at the recommendations from the Kenai Peninsula task force. They will be a lot less emotional and more logical. Number 1890 CO-CHAIRMAN OGAN explained there is a bill requiring the government to compensate private property owners anytime land is taken by regulation. It is a two-way street. There are a lot of private property owners that would like the law. MR. MATZ stated the bill says the commissioner "shall" enter into an agreement with the owner. It is a very Gestapo approach when it has not been proven that it is a public health concern or an overriding public need. The fiscal note should take into account all the compensation requested. Number 1992 DAN STEIN testified via teleconference in Fairbanks. He is opposed to the bill. The change is important, but (5) should be dropped from the bill because there are many other things that could be waived by the commissioner. Number 2036 DOUGLAS YATES testified via teleconference in Fairbanks. He is opposed to the bill. He recommends that the bill be put on hold, until the recommendations are made public from the Kenai task force. Number 2058 DAVE WALLINGFORD, Department of Natural Resources, announced he is sitting in for Jeff Jahnke, state forester, who is on the Kenai Peninsula attending the first spruce bark beetle task force meeting. He is here to answer any questions. CO-CHAIRMAN OGAN announced the bill will be held over.