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Learn about the statutes, regulations, purpose, history, and key provisions of the Alaska Forest Resources & Practices Act. Gain an understanding of the agency roles and their implementation.
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FRPA 101-A Introduction to THEALASKA FOREST RESOURCES& PRACTICES ACT
Introduction • Statutes & regulations • Purpose • History • Relationship to Federal Law • Principles • Key Provisions • Due Deference • Agency Roles
Statutes • Adopted by the Legislature and signed by the Governor. They can only be changed through the same process. • Designated as Alaska Statute (AS) • Title (41, Public Resources) • Chapter (.17, Forest Resources & Practices) • Section (.041, Board of Forestry) • Subsection (a) • Subsubsection (1) • Subsubsubsection (A) • Example: AS 41.17.041(a)(1)(A)
Regulations • Adopted by agencies through a public process under AS 44.62, and filed by the Lt. Gov. They can only be changed through the same process. They implement statutes. • Designated as Alaska Administrative Code (AAC) • Title (11, Natural Resources) • Chapter (95, Forest Resources & Practices) • Section (.285, Road location) • Subsection (a) • Subsubsection (1) • Subsubsubsection (A) • Example: 11 AAC 95.285(a)(1)(A)
Laws & procedures • Statutes and regulations are both state law. • -- Procedures adopted outside the statutory or regulatory process are not state law, and may be revised by the agencies as needed (e.g., purple book, charging documents, DPO forms, PPM, plans)
Purpose Ensure the management of forest resources guarantees perpetual supplies of renewable resources by –
Preventing or minimizing significant adverse effects of timber harvest on water quality and fish habitat.
Providing a single “One Stop Shopping” regulatory program to govern commercial timber harvest on non- federal lands.
Providing long – term jobs for Alaskans by maintaining a healthy timber and fishing industry.
History - Passage & Revisions Original Act passed in 1978 • The Act was developed and endorsed by diverse interests reaching a common and fair understanding. • It established a program for regulating harvest operations based on providing notice to regulatory agencies of the proposed activity. • It contained no specific standards for management of riparian areas.
The first regulations for harvest operations were adopted in 1981. • A separate Field Manual contained best management practices (BMPs) which were advisory. Field Regulation Booklet
History - Passage & Revisions • Created riparian areas and management standards • Established the FRPA as the requirements for control of non-point source pollution from timber harvest activities • Defined agency roles • Revised enforcement procedures Major revisions to Act passed in 1990.
Revision of the regulations followed in 1993. • Implemented new riparian standards • Defined procedures for classifying streams • Provided additional protection for riparian areas • Incorporated the BMPs into regulation Previous unclassified waterbody now a Type I-C.
History - Passage & Revisions Riparian standards revised. • Regional Science & Technical Committees reviewed available information, developed a stream classification system, and recommended changes to the standards. • Recommendations for changes were developed through a consensus-building process that all parties agreed to support. • An Implementation Group of stakeholders drafted amendments to the Act and regulations to implement the scientists’ recommendations in a practical manner.
Riparian standards updated: 1999 – Region I 2003 – Region III 2006 – Region II
ALASKA FOREST RESOURCES & PRACTICES ACT: AS 41.17 Reprinted May, 2013 DIVISION OF FORESTRY DEPARTMENT OF NATURAL RESOURCES ________________________________________________ This booklet compiles the 1978 Forest Resources and Practices with amendments passed in 1981, 1982, 1983, 1984, 1988, 1990, 1995, 1996, 1998, 1999, 2003, 2005, 2006, 2007, 2008, 2010, 2011, and Revisor changes. It does not include the attorney general's notes or the history notes that are given in the official compilation. The Department of Natural Resources provides this booklet as a public courtesy. The Department cannot guarantee the absolute accuracy of this reproduction of the Forest Resources and Practices Act (AS 41.17). For the official published version of the Act, please refer to the Alaska Statutes. ALASKA FOREST RESOURCES & PRACTICES REGULATIONS 11 AAC 95 March 2017 DIVISION OF FORESTRY The Department of Natural Resources provides this booklet as a public courtesy. It includes the Forest Resources and Practices Regulations (11 AAC 95) through March 2017(Register 221). It does not include the attorney general's notes or the history notes that are given in the official compilation. The department cannot guarantee the absolute accuracy of this reproduction of the regulations. For the official published version of the regulations, and for any changes to the regulations since March 2017, please refer to the Alaska Administrative Code. Forest Practices Act Fieldbook Forest Practices Regulations Fieldbook
Mass wasting standards Updated regula- tions to prevent and minimize adverse impacts of mass wasting were adopted in 2013.
Relationship of the FRPA to other Federal Laws The FRPA provides “one stop shopping” for forest operations with respect to the: • Clean Water Act (Sec. 319), and • Coastal Clean Water Act (Sec. 6217).
Sec.319 Non-Point Source Program • The FRPA regulations are the standards for non-point source pollution control under the Clean Water Act (Sec. 319). • Best Management Practices are the sole enforcement mechanism for violations of water quality standards.
Alaska Coastal Clean Water Program • The FRPA regulations are also the approved management measures for control of non-point source pollution under the Coastal Clean Water Act (Sec. 6217).
Principles The FRPA is based on four principles that were endorsed by the diverse interests that developed the 1990 Act. These principles have been reinforced by the Board of Forestry each time the Act has been revised.
Principle #1: “Fairness” • Successful implementation of the FRPA depends on shared risk and incentives for both timber owners and regulators. . Logged prior to 1990 Revisions (Type I-A water body)
Principle #2 “No Big Hit” • Neither fish nor timber should bear an inordinate share of the burden – there must be a balance. Bridge across Type I-C water body. • No private landowner should have to bear an unusually large burden – there should be a dollar worth of fish protection for each dollar worth of timber revenue forgone.
Principle # 3: "Enforceability“ Standards and regulations should be understandable and measurable for ease of implementation. Closed stream crossing on Type I-A water body.
Principle #4 “Professional Management” • The Act works best when implemented in the field by knowledgeable staff. • Provide flexibility for regulators, land managers, and operators to find reasonable, effective solutions to site-specific problems.
Key Provisions of the FRPA • Creates the Board of Forestry to serve as a forum for discussing and attempting to resolve relevant issues ALASKA FOREST RESOURCES & PRACTICES ACT: AS 41.17 Reprinted May, 2013 DIVISION OF FORESTRY DEPARTMENT OF NATURAL RESOURCES _____________________________________ This booklet compiles the 1978 Forest Resources and Practices with amendments passed in 1981, 1982, 1983, 1984, 1988, 1990, 1995, 1996, 1998, 1999, 2003, 2005, 2006, 2007, 2008, 2010, 2011, and Revisor changes. It does not include the attorney general's notes or the history notes that are given in the official compilation. The Department of Natural Resources provides this booklet as a public courtesy. The Department cannot guarantee the absolute accuracy of this reproduction of the Forest Resources and Practices Act (AS 41.17). For the official published version of the Act, please refer to the Alaska Statutes. • Regulates harvest activities through notifications rather than a permitting system • Specifies defined time lines for the agencies to review proposed harvest operations • Incorporates interagency coordination into administration of the Act
Type I-B water body • Defines riparian areas and standards • Permits variations to provide flexibility when implementing standards.
Closed road • Authorizes DNR to adopt enforceable regulations and best management practices for timber harvest, road construction, and maintenance • Provides DOF with authority to enforce compliance with the Act
Harvested 1988-89 • Establishes reforestation standards for each region • Specifies measures for prevention and control of insect infestations
Authorizes DNR to adopt enforceable regulations for fire and flood hazard management • Establishes civil immunity for fire management activities
Agency Roles The Division of Forestry (DOF) is the lead agency for FRPA administration.
The Division of Forestry • Coordinates the review of proposed operations • Schedules and coordinates field inspections • Decides whether operations are in compliance with the FRPA • Enforces • compliance with the Act
The Division of Forestry The relationship between DOF, DEC, and ADF&G is governed by the concept of “Due Deference”.
Due Deference • Due deference is that deference that is appropriate in the context of the agency’s: • Area of expertise. • Area of responsibility. • All the evidence available to support a factual assertion.
Due Deference • Applies to the effects of harvest activities on water quality and fish habitat where due deference is given by the Act. (Includes effects on wildlife habitat on public lands.)
The Dept. of Fish & Game Division of Habitat In areas of their expertise, ADF&G has due deference regarding effects of operations on: • Fish habitat on private land, and • Fishand wildlife habitat on public land.
FRPA establishes the fish habitat protection standards, policies, and review processes under state law. • FRPA does not preempt ADF&G’s authority to regulate activities within anadromous streams under AS 41.14.870, or for fish passage on non-catalogued fish streams under AS 41.14.840.
Title 16 permits • Operators may need a permit from ADF&G in addition to FRPA requirements • Permits are required for: • activities that affect fish passage (AS 16.05.841) • Activities within or affecting catalogued anadromous waters (AS 16.05.871)
Department of EnvironmentalConservation In areas of their expertise the Department of Environmental Conservation (DEC) has due deference for decisions concerning water quality.
Regulations adopted under AS 41.17 and approved by DEC establish the non- point source pollution requirements under state law and Sec. 319 of the Clean Water Act . • Best Management Practices are the sole enforcement mechanism for violations of water quality standards for operations conducted under the FRPA .
DEC retains their authority to regulate other sources of pollution associated with commercial timber harvest operations.
Elevations • If DOF disagrees with DEC or ADF&G on an issue subject to due deference, DOF must state the reasons for disagreement in writing. • DEC or ADF&G can elevate disagreements subject to due deference to the directors, and then to the commissioner. • An elevation request must be in writing, and must set out the factual basis for the need to elevate the disagreement. AS 41.17.098(f), 11 AAC 95.225(e)
Elevation levels Director’s level: DOF State forester makes decision after hearing the case from the ADF&G Habitat Division Director or DEC Division of Water Quality director. Commissioner’s level – DNR Commissioner makes decision after hearing from the DOF state forester, ADF&G Commissioner and/or DEC Commissioner Governor’s level -- Governor decides after hearing from commissioners.
Operator participation • A request for an elevation and DNR's response, must be promptly served on the operator. • The operator will be allowed to participate at every step in the elevation process. AS 41.17.098(f), 11 AAC 95.225(e)
Elevation notice & timing • If an agency requests that a disagreement be elevated to a higher level of authority before the review period expires, DOF will notify the operator that the particular portion of the plan that is the subject of the disagreement may not begin until the 41st day after the plan was filed, or until the state forester renders a decision, whichever occurs first. AS 41.17.098(f), 11 AAC 95.225(e)
