HB 420-FOREST RESOURCES & PRACTICES STANDARDS CO-CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 420, "An Act relating to riparian protection standards for forest resources and practices; and providing for an effective date." CHRIS MAISCH, State Forester, Division of Forestry, Department of Natural Resources (DNR), explained that CSHB 420(FSH) amends the Forest Resources and Practices Act for Region II, which is Southcentral Alaska. The bill establishes standards for forestry activities, supports a healthy timber and fishing industry, protects fish habitat and water quality, incorporates the best science available, and maintains one-stop shopping for compliance with federal laws for the forest industry. Mr. Maisch informed the committee that HB 420 is the result of two years of work by an array of interests, and it has broad support. He characterized HB 420 as consensus legislation. The science and technical committee, which first developed the science around the issue, Native corporations, industry, the environmental community, and other interested parties were at the table to develop the final recommendations as specified in the legislation. The Board of Forestry then reviewed and adopted these recommendations, which are in the legislation before the committee today. Mr. Maisch said the legislation has a zero fiscal note. The House Special Committee on Fisheries reported out a committee substitute that fixed a technical point on page 5, line 27, such that subsection (a), which was inadvertently omitted, was inserted. MR. MAISCH reminded the committee there have been three other bills that have passed that were consensus efforts using the same model and scientific and implementation processes. REPRESENTATIVE SEATON inquired as to any changes between this and the current Forest Practices Act. 2:33:30 PM MR. MAISCH explained that under HB 420 there are increased buffer widths on streams in Region II. He mentioned a chart entitled, "Existing riparian management standards by region and land owner" that specifies the current standards and the proposed changes. It shows the differences by region and landowner. He said currently there is a 100-foot buffer immediately adjacent to anadromous or high-value resident fish water streams. The legislation will increase the buffer size on Type II-A and II-B streams to 150 feet. On the outside bends of the dynamic rivers where there is much erosion and the retention of woody debris is important for habitat purposes, the buffers are wider. Type II-C streams are smaller, nonglacial, fixed streams of clear water and have a 100-foot no-cut buffer. There is a 50-foot no-cut buffer on the Type II-D streams. 2:36:06 PM MR. MAISCH clarified that the legislation would increase the buffer widths on some streams and decrease it on Type III streams by 50 [feet], which is based on the science and implementation group's recommendation. He said there are no other significant differences between current law and this bill. 2:37:02 PM MR. MAISCH, in response to Representative Gatto, explained that the language on page 9, lines 9-12, means that the Type II-D water body doesn't refer to the Kenai River but rather to its side channels that are three feet or less in width. He said the Kenai River would be considered a Type II-A water body. 2:38:35 PM MR. MAISCH, in response to Representative Gatto, specified that the number in the type refers to the region while the letter refers to the channel characteristics. REPRESENTATIVE GATTO asked then if the legislation is to protect streams more or less than they have been in the past. MR. MAISCH said HB 420 provides additional protections to the water bodies in Region II. He said science has found that there is large woody debris recruitment into these stream types that are beneficial for fish habitat and water quality. This legislation targets retaining best management practices to encourage the forest products industry to continue to place a high priority on habitat. REPRESENTATIVE GATTO pointed out that the Matanuska River is beating the banks to death. He then asked if this legislation covers the Matanuska River. MR. MAISCH replied yes, and specified that the Matanuska River is a glacial stream that is dynamic. Although such a river isn't necessarily protected, the buffers are left in place. He explained that as the buffer erodes, trees will fall into the channel and become part of the habitat component. Therefore, in these large glacial streams there is a wider buffer on the active eroding bank. Although at some point the erosion might pass through the buffer and reach the actual harvest unit, he characterized it as a compromise such that public and private lands can continue to be managed for forest practices while retaining the important habitat criteria necessary. 2:41:09 PM REPRESENTATIVE GATTO asked about [logging] restrictions between a house and a river even though the bank is moving toward the house and the trees are destined to erode away. MR. MAISCH said that there are many examples of rivers in Alaska that are aggressively eroding. Trees that fall in help armor the bank because they often remain attached to the root wad. The trees provide more protection than a stump on the bank. Furthermore, those trees also become important habitat for fish. REPRESENTATIVE SEATON suggested that it would be helpful to have a side-by-side comparison of current and new regulations. 2:43:03 PM RICHARD SMERIGLIO, Member, Alaska Board of Forestry, said he has seen improvement in riparian protection in the northern and coastal regions, and HB 420 is the final piece that will result in riparian protection for the entire state. Both the timber industry and Alaska Conservation Voters support HB 420, which he attributed to the excellent process of the Division of Forestry. He said the fish resource in this region of Alaska is enormous, and therefore the habitat merits protection. This legislation, which he urged the committee to forward, will allow logging while protecting habitat. REPRESENTATIVE GATTO asked if HB 420 is supported by the Alaska Outdoor Council (AOC). MR. SMERIGLIO said that he is not aware of AOC's support. 2:44:39 PM REPRESENTATIVE ELKINS moved to report CSHB 420(FSH) out of committee with individual recommendations and the accompanying fiscal notes. Hearing no objections, it was so ordered.