CSHB 373(RES) - FOREST RESOURCES PAT SPRINGER, legislative aide to Speaker Gail Phillips, sponsor of HB 373, read the following statement on behalf of Speaker Phillips. "I am pleased to bring before you today a bill that will greatly enhance protection of Alaska's salmon resources and water quality. Thanks to a major cooperative effort between timber and fishing industries, environmental groups, and state agencies, we have proposed legislation designed to improve present Forest Practices Act safeguards. This cooperation represents the commitment from these groups to periodically reevaluate the Forest Practices Act protections for Alaskan streams. In February, 1996, the Board of Forestry heard reports from state agencies regarding the Act's effectiveness. The Board found that indeed the Act generally was working well in protecting salmon habitat and water quality but concluded that there were some areas needing further review. The Board then established a science and technical committee to recommend modifications. This group included scientists from timber, commercial fishing, and environmental communities, as well as federal and state research agencies. After intensive review, the committee identified opportunities to strengthen habitat and wildlife protection. A stakeholder committee convened to incorporate these findings into recommendations for the Board of Forestry, which in turn endorsed a series of amendments to the Act. These amendments have broad consensus support from all the participants. The cooperation shown by the Board members and the implementation group is indeed laudable, and as a result, we are now looking forward to better protections for our valuable salmon resources without unreasonable costs to industry or private owners. The State of Alaska has one of the most effective forest practices acts in the nation. I believe the collaborative process undertaken by the stakeholders in defining and agreeing to necessary protections is extremely valuable. It's the first step forward in our continued path toward managing our marketable resources while protecting our natural resources for future generations. Thank you for your consideration." MS. SPRINGER introduced the state forester, Jeff Jahnke. Number 080 JEFF JAHNKE, Director of the Division of Forestry in the Department of Natural Resources (DNR), and the presiding officer for the Board of Forestry, gave the following testimony in support of HB 373 on behalf of the Administration and the Board of Forestry. This bill is the result of a carefully crafted consensus following two years of effort by many people in the fishing, forestry and environmental communities, and the agencies associated with implementing the Act. Key points related to the development of this legislation are: -the process of resulting recommendations was based on the best available scientific information; -the process was open to the public throughout; -many different interests were involved in each step along the way -the results were supported by a wide range of interests; and -the interests represented by the Board of Forestry include commercial fishing, forest industry, Native corporations, environmental organizations, mining, fish and wildlife biologists, professional foresters, and recreationists. MR. JAHNKE noted Marty Welbourn, who was involved with the development of this legislation over the last two years, was available to speak on the specifics of the Act. Number 117 MARTY WELBOURN, Chief of Forest Resources for the Division of Forestry, and Co-chair of the Science and Technical Committee, made the following comments. When the Science and Technical Committee reviewed the Forest Practices Act in 1996 and 1997, it found that the Act was sound and needed few changes. The proposed changes in HB 373 only affect the part of the Act that addresses stream classification and riparian management on private land in Region 1, which includes the coastal forest in Southeast Alaska, Prince William Sound, the eastern part of the Kenai Peninsula, and Kodiak. It also includes Mental Health Trust land within that region. Under the existing Forest Practices Act, about 20 percent of streams, including some anadromous streams, are unclassified and have no designated riparian protection area therefore requirements to maintain some tree cover along stream banks do not apply to unclassified streams. Tree cover provides woody debris for fish habitat, stabilizes stream banks to control erosion, and provides nutrients to the stream. MS. WELBOURN described the two recommendations made by the committee that require statutory changes. The first recommendation is to classify all anadromous streams, and all tributaries to anadromous streams, and to provide appropriate riparian protections. Abundant scientific literature exists on the value of stream buffers for the protection of fish habitat in anadromous streams. The second recommendation is to provide for more woody debris in Type B streams (anadromous streams with rocky banks or steep gradients). Woody debris is needed for fish habitat within those streams, to control sedimentation, and as a source of debris for downstream Type A channels. Type A channels are the most productive of the salmon streams; woody debris washes downstream from Type B channels into Type A channels. MS. WELBOURN continued. HB 373 contains numerous recommendations from the Board of Forestry that respond to the Science and Technical Committee's findings. First, the bill changes the stream classification system and riparian management standards, so that all anadromous waters and their tributaries will be classified and have appropriate protection measures. All anadromous streams (salmon streams) would be classified as Type A or Type B, depending on the slope and the type of bank. All salmon streams would have a buffer, and slope stability standards would apply to those streams. Stability standards are special requirements for road construction and timber yarding to prevent erosion. They include a requirement to retain low value timber at the operator's discretion where it is feasible to do so. Under the existing Act, only Type A streams have a buffer. These low gradient streams are the most highly productive. HB 373 adds stability standards to those streams to 100 feet from the stream, or to the slope break, whichever comes first. On Type B streams, the bill would add a buffer out to 66 feet or to the slope break and, in many cases, the buffer would be narrower than 66 feet. The bill would classify all tributaries to anadromous streams as Type B or D, based on their steepness, and slope stability standards would apply. No buffer would be required. On Type B streams, slope stability standards would apply up to 100 feet from the stream or to the slope break, whichever comes first, and on Type D streams it would apply up to 50 feet or the slope break. The bill also strengthens the timber retention standards around larger tributaries. It requires the operator to retain low value timber where prudent within a minimum of 25 feet from the stream, depending on the particular stream characteristics. These changes help ensure that the goals of the Act, to provide adequate protection of fish habitat and water quality and to support the continuation of healthy timber and fishing industries, are met. These changes also help ensure that the Forest Practices Act continues to satisfy the requirements for nonpoint source pollution prevention under the federal Clean Water Act and the Coastal Zone Management Act. The Forest Practices Act provides one-stop shopping for the timber industry with respect to state and federal nonpoint source pollution and coastal management standards. Number 192 SENATOR HALFORD asked whether roads that are built with public funds or credits on public lands and continue as a public asset, remain open for use. MR. JAHNKE replied DNR evaluates each road individually to determine whether leaving it open for public use will affect the protection of water quality, fisheries, and other values. He believed the process is similar for federal land. He stated that use of roads generates maintenance needs, so the cost of maintenance to protect those values is also considered. SENATOR HALFORD questioned whether the state gives dollars or credits for the construction of roads. MR. JAHNKE did not believe it does. SENATOR HALFORD stated his concern is that the roads remain open unless there is some resource reason to close them. Number 222 CHAIRMAN WARD said he agreed, and that is one reason why the committee requested the bill. He expressed concern that people be able to use logging roads with their four-wheelers. He asked Mr. Jahnke if the procedure used to determine whether a road will remain open is in regulation. MR. JAHNKE repeated DNR looks at each road, and in its responsibility to protect the resources of the State of Alaska, it makes a determination as to whether leaving the road open will have a negative impact on the resources. CHAIRMAN WARD asked how many miles of logging roads DNR has opened up to the public in the last 10 years. MR. JAHNKE offered to get that information to the committee. MS. WELBOURN said she could not provide the specific number of miles, but in the Tanana Valley, most of the logging roads stay open because they are long term management roads. In other areas, logging roads have been closed because of particular concerns about long term erosion resulting from a lack of maintenance on those roads. Number 248 CHAIRMAN WARD asked Ms. Welbourn to elaborate on closures in the other areas of the state. MS. WELBOURN said most of the roads built in the Kenai Peninsula are temporary spur roads, and the main access road actually crosses private land. DNR does not have the option to decide whether those roads will remain open because the private land owners control access across their land. Similarly, in Southeast Alaska, most of the main roads have already been built by the Forest Service. The roads in the Haines State Forest were built by the State, and those roads typically stay open. CHAIRMAN WARD stated one of his original concerns and reasons for requesting this bill was due to inquiries about non-access to logging roads on the Kenai Peninsula. MS. WELBOURN repeated that most of the access to the logging roads is through private land, therefore access to that land is controlled by the land owner. CHAIRMAN WARD asked if DNR's policy is to close the public roads if they can only be accessed through private land. MS. WELBOURN repeated that typically the private land owners have the more accessible land. Number 262 SENATOR HALFORD asked if the public roads are open once a person gets to them. MS. WELBOURN replied they are open where they are maintained. Some of the roads follow seismic lines or existing trails, and those would remain open. Other roads that are built as temporary spur roads, typically on the Kenai, are not maintained, and have not been left open because of concerns about impacts on wildlife and fisheries. CHAIRMAN WARD asked whether DNR is maintaining the roads in the Interior. MS. WELBOURN said it does. CHAIRMAN WARD asked if the criteria is to close a logging road unless it is maintained. MS. WELBOURN stated that is correct if there is a hazard of erosion. She added if a road is built in such a way that it would be fatal to use without maintenance, it is closed, otherwise the road building costs would be much more expensive. Number 271 CHAIRMAN WARD asked if the fact that DNR considers the roads as logging trails plays into any of the scenarios. MS. WELBOURN stated logging roads are typically built to the lowest standards possible because of the cost of road building. CHAIRMAN WARD reiterated that people on the Kenai were refused access to logging roads on four wheelers which is what prompted his questions. MS. WELBOURN asked whether those people were on state or private land. CHAIRMAN WARD said they were on state land. MS. WELBOURN said she was not aware of any specific cases but would look into the problem for Chairman Ward. SENATOR HALFORD asked Chairman Ward if he received a copy of the legal opinion on the short title for HB 373. SENATOR WARD said he did. SENATOR HALFORD said the problem is technical and, according to the drafter, a section should be inserted that reads, "This chapter may be cited as the Forest Resources and Practices Act." SENATOR WARD asked where that line should be located in the bill. SENATOR HALFORD answered on page 3, line 31. He explained, according to the legal opinion, the Legislature has not officially denominated a specific act as the Forest Resources and Practices Act, hence the title of the bill is over-inclusive. SENATOR HALFORD moved to amend the bill to add the language, "This chapter may be cited as the Forest Resources and Practices Act" on page 3, line 31 and explained the amendment is not substantive. There being no objection, the motion carried. SENATOR GREEN moved SCSCS HB 373(TRA) from committee with individual recommendations and its accompanying zero fiscal note. There being no objection, the motion carried.