AS Title 41, Chapter 17: Forest Resources and Practices

Article 1. Administration and Management. Chapter 17. Forest Resources and Practices. Sec. 41.17.010. Declaration of intent. The legislature declares that (1) the forest resources of Alaska are among the most valuable natural resources of the state, and furnish timber and wood products, fish and wildlife, tourism, outdoor recreation, water, soil, air, minerals, and general health and welfare; (2) economic enterprises and other activities and pursuits derived from forest resources warrant the continuing recognition and support of the state; (3) the state has a fundamental obligation to ensure that management of forest resources guarantees perpetual supplies of renewable resources, provides nonrenewable resources in a manner consistent with that obligation, and serves the needs of all Alaska for the many products, benefits, and services obtained from them; (4) government administration of forest resources should combine professional management services, regulatory measures, and economic incentives in a complementary fashion, and should draw upon the expertise of professional foresters in conjunction with other disciplines; (5) under the leadership of the Department of Environmental Conservation as lead agency, the state should exercise its full responsibility and authority for control of nonpoint source pollution with respect to the Federal Water Pollution Control Act, as amended; (6) subject to AS 41.17.098 (c), the provisions of this chapter, and regulations adopted under this chapter, with the approval of the Department of Environmental Conservation, establish the nonpoint source pollution requirements under state law and sec. 319 of the Clean Water Act for activities subject to this chapter; (7) except for activities subject to AS 16.05.841 or 16.05.871 and regulations authorized by those sections, this chapter and regulations adopted under this chapter establish the fish habitat protection standards, policies, and review processes under state law. Sec. 41.17.020. Division of forestry and fire protection established. (a) The governor may establish, within the department, a division of forestry and fire protection to carry out this chapter and other appropriate duties designated by the governor. (b) The division shall be headed by a director who shall be the state forester, appointed to the partially exempt service in accordance with law by the commissioner, from a list of two or more candidates submitted by the board. The commissioner shall solicit and consider recommendations of the Alaska Fire Chiefs Association or successor organization when reviewing the candidates submitted by the board. The commissioner may reject all candidates, in which case the board shall submit a new list. The state forester shall have (1) a bachelor's or higher degree in forest management and at least three years of field experience in forestry; or (2) at least eight years of professional work experience as a forester. (c) The commissioner shall administer this chapter and is authorized and encouraged to delegate responsibilities for carrying out this chapter to the state forester. Sec. 41.17.030. Responsibilities of division. (a) The division shall manage state forests and, as directed by the commissioner, provide technical advice to the division of lands on sound forest practices necessary to ensure the continuous growing and harvesting of commercial forest species on other state land. (b) The division shall regulate operations on private forest land as authorized by the provisions of this chapter or state law. (c) The division shall provide public information and assistance regarding forest practices and timber management generally. Sec. 41.17.041. Board of Forestry. (a) The Board of Forestry is established in the division. (b) The board is composed of nine members appointed by the governor: (1) a representative of a commercial fishermen's organization; (2) a representative of a Native corporation established under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act); (3) a representative of an environmental organization; (4) a representative of a forest industry trade association; (5) a professional fish or wildlife biologist who is not employed in that capacity by a state, municipal, or federal government agency, except for university employment; (6) a professional forester who is not employed in that capacity by a state, municipal, or federal government agency, except for university employment; (7) a representative of a mining organization; (8) a representative of a recreational organization; and (9) the state forester, who serves ex officio and without a vote. (c) The state forester is the presiding officer of the board and shall, in consultation with the board, establish procedures for scheduling and organizing board meetings. Seven voting members of the board constitute a quorum. Each decision of the board requires the affirmative vote of each voting member present less one. (d) A board member who is unable to attend a meeting may designate an alternate who possesses the same qualifications as the board member. (e) The division shall serve as staff to the board. The department, the Department of Fish and Game, and the Department of Environmental Conservation shall provide technical staffing and information as needed by the board. Sec. 41.17.043. Terms of office. The term of office of a member of the board is three years. The state forester serves an indefinite term, ex officio. Sec. 41.17.045. Removal of members. (a) The governor may initiate the removal of a board member for inefficiency, neglect of duty, or misconduct in office by delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or by counsel at a public hearing before the governor or the governor's designee on at least 10 days' written notice by registered mail. The member has a right of confrontation and cross-examination of witnesses testifying. (b) The removal is effective 15 days after the governor files a complete statement of all charges made against the member and the findings on those charges, in the main office of the board, except that a member may appeal the findings to the superior court. The court shall limit its review to a determination of whether the findings on the charges are substantiated by the evidence presented. The removal is suspended for any period of time during which an appeal from the findings of the governor or the governor's designee is pending. Sec. 41.17.047. Powers and duties of board. (a) The board shall review and comment to the commissioner on regulations proposed for adoption under this chapter. (b) The board shall provide a forum for representatives of affected interests to discuss and attempt to resolve issues relevant to this chapter and to the forest resources of the state. (c) The board, working with the department, the Department of Environmental Conservation, the Department of Fish and Game, other affected agencies and parties, and the forest-dependent industries, shall conduct an annual survey of research needs related to forest practices. The board shall review research proposals and shall make recommendations to promote research projects that would address these needs to the governor and the legislature. (d) The board shall coordinate the monitoring of the implementation and effectiveness of this chapter, the regulations, and best management practices adopted under this chapter in meeting state water quality standards, fish and wildlife habitat requirements, and other forestry objectives. The board shall report annually to the governor on the effectiveness of this chapter and regulations adopted under it, with its recommendations for changes and for needed research and monitoring. The board shall notify the legislature that the annual report is available. The state forester, the Department of Fish and Game, and the Department of Environmental Conservation shall each present an annual report, independently, to the board on the effectiveness of this chapter, the regulations, and best management practices adopted under this chapter that protect the resources for which they have statutory responsibility, and shall make recommendations for changes to correct procedural or substantive problems. The board shall include the reports as part of its annual report. The board shall hold hearings at least once annually in southeast, southcentral, and interior Alaska for purposes of taking public testimony on the subjects. Sec. 41.17.055. Powers and duties of the commissioner. (a) The commissioner may designate and operate experimental and research forests on state land consistent with the limitations of AS 38.05.300 . Laboratories and other facilities may be employed in conjunction with those forests. (b) The commissioner may establish and maintain forest vegetation nurseries and greenhouses for planting stock to be made available, with or without charge, to organizations, institutions, government agencies, individuals, and businesses for reforestation, afforestation, and related purposes. (c) The commissioner is authorized to undertake cooperative forestry programs, extension services, and education programs, and to otherwise offer a full range of professional management services to the interested public. When the commissioner considers it beneficial, the commissioner may participate in federal assistance programs by accepting assistance in whatever form offered. (d) The commissioner may develop regulations under this chapter as part of the state program for control of nonpoint source pollution under the Federal Water Pollution Control Act, as amended. However, the Department of Environmental Conservation is the lead agency for water quality and control of nonpoint source pollution under that Act, and the regulations are therefore subject to the approval of the commissioner of environmental conservation. (e) In the administration of this chapter, the commissioner shall consult with and draw upon the expertise of interested organizations, enterprises, individuals, government agencies, educational institutions, and landowners. The commissioner may enter into cooperative agreements and contracts with them to carry out this chapter. (f) The commissioner shall locate department personnel with forestry expertise throughout the state to facilitate public access to professional management services and other forest resources programs. (g) The commissioner may take other actions necessary and proper for the administration of this chapter, including the adoption of regulations under AS 44.62 (Administrative Procedure Act) and AS 41.17.047 . Sec. 41.17.060. Regulatory and administrative standards. (a) All regulations, administrative actions, and other activities and duties undertaken under this chapter shall be in full accordance with the standards set out in this section. (b) With respect to state, municipal, and private forest land, the following standards apply: (1) to the maximum extent possible, all applicable data and information of applicable disciplines shall be updated and used in making decisions relative to the management of forest resources; (2) environmentally sensitive areas shall be recognized in the development of regulations and best management practices that are designed to implement nonpoint source pollution control measures authorized under this chapter; (3) administration of forest land shall consider marketing conditions and other economic constraints affecting the forest landowner, timber owner, or the operator; (4) to the fullest extent practicable, harvested forest land shall be reforested, naturally or artificially, so as to result in a sustained yield of merchantable timber from that land; if artificial planting is required, silviculturally acceptable seedlings must first be available for planting at an economically fair price in the state; and (5) significant adverse effects of soil erosion and mass wasting on water quality and fish habitat shall be prevented or minimized. (c) With respect to state and municipal forest land only, the following standards also apply: (1) forest land shall be administered for the multiple use of the renewable and nonrenewable resources and for the sustained yield of the renewable resources of the land in the manner that best provides for the present needs and preserves the future options of the people of the state; (2) a system of allocating predominant uses or values to particular units within a contiguous area of land shall reflect in reasonable proportion the various resources and values present in that area; (3) to the extent its capacity permits, forest land shall be administered so as to provide for the continuation of businesses, activities, and lifestyles that are dependent upon or derived from forest resources; (4) timber harvesting is limited to areas where data and information demonstrate that natural or artificial reforestation techniques will result in the production of a sustained yield of merchantable timber from that area; (5) there may not be significant impairment of the productivity of the land and water with respect to renewable resources; (6) allowance shall be made for scenic quality in or adjacent to areas of substantial importance to the tourism and recreation industry; and (7) allowance shall be made for important fish and wildlife habitat. Sec. 41.17.070. Administrative plan and report. (a) The commissioner shall develop and continually maintain a long-range plan for the administration of this chapter that demonstrates that the provisions of AS 41.17.010 are being recognized and that the standards of AS 41.17.060 are being met. The commissioner shall maintain a current inventory or assessment of timber on forest land to assist in meeting the requirements of this section. (b) To maintain a record of division decision making for public and agency review, the commissioner shall compile and index each decision made under this chapter regarding directives, stop work orders, waivers from requirements, decisions of hearing officers, and decisions on appeals. The commissioner shall submit a summary of this record annually to the board. (c) [Repealed, § 108 ch 6 SLA 1984.] (d) [Repealed, § 108 ch 6 SLA 1984.] Sec. 41.17.080. Regulations. (a) The commissioner may adopt regulations necessary to accomplish the purposes of this chapter under AS 44.62 (Administrative Procedure Act) regarding forest practices such as (1) road construction and maintenance, including (A) road location, construction, maintenance, and post-operation management or removal; (B) landing location and construction; (C) drainage structures; (D) material sources and spoil disposal sites; (2) timber harvesting, including (A) timber harvest unit planning and design; (B) felling and bucking; (C) cable yarding, shovel, tractor, and wheeled skidder systems; (D) landing clean-up; (E) slash disposal; (3) log transfer, sort yards, and storage facilities, including (A) location, design, and construction; (B) maintenance; (C) closure; (D) log storage, rafting, and identification; (4) reforestation, including (A) site preparation and rehabilitation; (B) prescribed burning; (C) exemptions from reforestation requirements; (5) prevention and suppression of forest insects and diseases; (6) salvage logging; (7) vegetative management; and (8) fire and flood hazard management. (b) The commissioner shall adopt regulations specifying the information to be submitted under AS 41.17.090 (c) in the detailed plan of operations to enable the division to determine whether the activities comply with the requirements of this chapter. (c) The commissioner may establish regions, districts, or other subdivisions of forest land in the state in which different regulations apply to reflect varying conditions in the state or to facilitate administration. In adopting regulations, the commissioner shall make appropriate distinctions between public and private land. (d) The commissioner shall adopt only those regulations necessary to accomplish the purposes of this chapter and shall avoid regulations that increase operating costs without yielding significant benefits to public resources. Sec. 41.17.081. Civil immunity. (a) Notwithstanding other provisions of law, a person may not bring a civil action for damages for death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties arising out of prevention, monitoring, control, or suppression of fires authorized to be performed under regulations adopted under AS 41.17.080 (a)(8) against (1) the state or its officers, agents, and employees; (2) a political subdivision of the state or its officers, agents, and employees; (3) any organization authorized to prevent, control, or suppress fires; or (4) others assisting in the control or suppression of fires at the request of an officer or employee of the United States or the state. (b) This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others. Sec. 41.17.082. Control of infestations and disease. (a) All forest clearing operations and silvicultural systems shall be designed to reduce the likelihood of increased insect infestation and disease infections that threaten forest resources. (b) A forest landowner may not conduct or approve timber clearing activities that create conditions fostering outbreaks of infestation or infection that threaten forest resources on forest land belonging to another person. If the commissioner finds, after notice and hearing, that there has been a violation of this subsection, the commissioner may require the forest landowner, at that person's expense, to (1) remove promptly or cure the conditions fostering outbreaks of infestation or infection; and (2) undertake environmentally sound, effective, and cost-efficient actions to control the infestation or infection in the immediate vicinity of the improper timber clearing activity. (c) If a forest landowner does not comply with a final order of the commissioner under (b)(1) or (b)(2) of this section, the commissioner may enter onto the land and undertake the actions ordered and the landowner is liable for the cost of the actions. The commissioner shall deliver to the landowner an itemized statement of expenses incurred. (d) The commissioner may undertake surveys and appraisals to obtain data on regional insect infestations and disease conditions. Upon a determination that an area is infested with forest insects or infected with diseases injurious to forest resources and that the infestation or infection threatens the forest land or timber of adjacent owners, the commissioner may establish the boundaries of an infestation or infection zone. The commissioner may enter into an agreement with an owner or with a governmental agency to control or suppress infestation or infection within the zone. Upon a determination by the commissioner that insect and disease control work within the zone is no longer necessary or feasible, the commissioner shall terminate the zone. Sec. 41.17.083. Clearing of forest land for non-timber purposes. A state agency, municipality, or public utility shall determine whether the timber to be removed has significant salvage value before approving or conducting clearing of forest land for purposes other than timber harvest. If the timber has significant salvage value, the agency or utility shall salvage the timber as part of the clearing process. Sec. 41.17.085. Permit applications. (a) [Repealed, § 4, ch 23 SLA 2003.] (b) Where practicable and desirable, the commissioner may enter into cooperative agreements with federal agencies authorizing the department to serve as a collection point for federal permit applications. Sec. 41.17.087. Variation from requirements. (a) A forest landowner, timber owner, or operator may propose for a particular activity a variation from a requirement imposed by this chapter or the regulations adopted under this chapter. If the state forester determines that the harm intended to be avoided by the requirement is not likely to occur because of site-specific circumstances relating to the particular activity and is not likely to cause significant harm to fish habitat or water quality, the state forester shall agree to the proposed variation. If the state forester does not agree to the proposed variation, a forest landowner, timber owner, or operator may appeal to the commissioner. The appellants shall conform to the requirement during the pendency of the appeal. (b) The commissioner shall adopt regulations that specify the standards under which a variation will be granted for harvesting timber within the riparian area of (1) a low gradient Type I-A water body with a width of five feet or less; and (2) other appropriate water body types. (c) A determination by the state forester under (a) of this section and regulations by the commissioner under (b) of this section shall give due deference under AS 41.17.098 . Sec. 41.17.090. Notification of plans to harvest timber. (a) Operations on forest land shall be reviewed under this section for consistency with the policies and provisions of this chapter and regulations adopted under this chapter. (b) A forest landowner, timber owner, or operator may provide to the commissioner a voluntary plan of operations that describes the long-term plans for timber harvesting. The purpose of a voluntary plan is to give the division and the public an early opportunity to review plans, to identify areas of concern, and to allow the agencies and the public to provide local knowledge and early notice of potential problems to the forest landowner, timber owner, or operator. (c) Before beginning operations on municipal or private forest land or on state land not managed by the division, the operator shall provide the state forester with a detailed plan of operations. The detailed plan of operations must include (1) a description of the proposed operations, identifying the land involved and the action proposed in sufficient detail to inform the public of the nature and location of the proposed operations; the description must include a map and must be in a form suitable for duplication; (2) the name, address, and approving signature of the forest landowner, timber owner, and operator; and (3) other information required in the regulations adopted under this chapter. (d) Within five days after receipt of a detailed plan of operations under (c) of this section, the state forester shall distribute the information received under (c) of this section to affected state agencies and shall distribute the information received under (c)(1) of this section to each member of the public who has asked to receive copies of notifications for the affected area. (e) Within 30 days after receipt of a detailed plan of operations, the state forester shall review the plan to determine if the operations are consistent with this chapter and regulations adopted under this chapter. Operations may begin under the plan upon the expiration of the 30-day period or upon notice from the state forester that the review has been completed, whichever occurs first, unless the division has issued a stop work order for a particular portion of the plan or has notified the operator that a one-time, 10-day extension is necessary for agency review under AS 41.17.098 (f). The operator may proceed with operations not covered by the stop work order, notice of field inspection, or the agency review. During the review of a detailed plan of operations, if a question arises concerning the proper classification of water body type for purposes of the standards in AS 41.17.116 (a), the Department of Fish and Game may resolve the question. (f) If the state forester determines that a field inspection is necessary to determine consistency of the detailed plan of operations or a portion of the plan with applicable standards, the state forester shall notify the operator. The notice of field inspection may not cover more than the minimum area necessary to determine compliance with this chapter and applicable regulations. The operator shall inform the state forester when the site will be available for an inspection. The state forester shall conduct the field inspection within 21 days after the date that the site will be accessible and available unless the operator otherwise agrees, and the operator may begin operations at the conclusion of the 21-day period unless the state forester has issued a stop work order under AS 41.17.138 . (g) During the review of a detailed plan of operations, modifications to accommodate comments may be made without requiring the operator to resubmit the plan. After the review of the detailed plan of operations made under (e) and (f) of this section, an operator shall notify the state forester of a proposed substantial change in operations by following the procedures specified in (c) — (f) of this section. (h) Information and paperwork required of the operator under this section is limited to that necessary to accomplish the purposes of this section. (i) An operator shall renew a detailed plan of operations annually. Sec. 41.17.098. Interagency coordination and reevaluation. (a) In administering this chapter, the commissioner shall coordinate with other agencies that have jurisdiction over activities subject to regulation under this chapter. (b) In a review or implementation of a detailed plan of operations under AS 41.17.090 and in a decision on a proposed variation from requirements under AS 41.17.087 , the commissioner shall consider the comments of each affected state agency. (c) The commissioner shall give due deference to the Department of Environmental Conservation in decisions concerning water quality. The commissioner of environmental conservation retains the authority to adopt nonpoint source pollution regulations for activities subject to this chapter to the extent that regulations are not adopted by the commissioner of natural resources and approved by the commissioner of environmental conservation under this chapter. The commissioner of environmental conservation may withdraw approval of regulations adopted by the commissioner of natural resources under this chapter by following the procedure for the adoption, amendment, and repeal of regulations under AS 44.62.180 — 44.62.290. (d) The commissioner shall recognize the expertise of the Department of Fish and Game with regard to fish and wildlife habitat. On private land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish habitat from timber operations including variations to riparian standards, designation of alternative site-specific riparian protection plans, and road location decisions within riparian areas. On public land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish and wildlife habitat from timber operations including timber harvest in riparian areas, variations to riparian standards, and road location decisions within riparian areas. In making decisions under AS 41.17.087 , the commissioner shall recognize fish habitat as the primary value in riparian areas. (e) In this section, “due deference” means that deference that is appropriate in the context of the agency's expertise and area of responsibility and all the evidence available to support a factual assertion. Where due deference is given, if the commissioner does not agree with a commenting agency, the commissioner shall prepare a written statement of the reasons for the disagreement. (f) If a disagreement described in (e) of this section exists, an officer of an agency may require reevaluation of the disagreement at a higher level within the agencies, or by the governor if necessary, before a decision is made by the commissioner. Sec. 41.17.100. Deployment of broadcast chemicals. The commissioner of environmental conservation, in consultation with the commissioner, shall formulate necessary plans and measures to ensure that application of broadcast chemicals and other substances foreign to the state's forest ecosystem do not lead to results contrary to the objectives and provisions of this chapter and other applicable laws and regulations relating to renewable resources. Regulations adopted by the commissioner of environmental conservation may include requirements for advance testing, posting of security, written reports, and other matters. Sec. 41.17.110. Conversion of forest land to other uses. An intention to convert forest land to other uses after timber harvesting may be stated in the notification submitted under AS 41.17.090 . In that event, reforestation requirements adopted under this chapter do not apply, except that conversion shall be completed during the time set by regulation for minimum reforestation of the land, and other requirements for revegetation may be imposed to the extent permitted by law. If the commissioner finds at any time that the responsible party has failed to conform to the intent to convert as stated in the notification, the commissioner shall revoke approval of the conversion and require full compliance with reforestation requirements. Article 2. Riparian Management. Sec. 41.17.115. Management of riparian areas; regulations. (a) The commissioner shall protect riparian areas from the significant adverse effects of timber harvest activities on fish habitat and water quality. The management intent for riparian areas is the adequate preservation of fish habitat by maintaining a short- and long-term source of large woody debris, stream bank stability, channel morphology, water temperatures, stream flows, water quality, adequate nutrient cycling, food sources, clean spawning gravels, and sunlight. (b) The commissioner shall adopt regulations for the protection of riparian areas; the regulations may include higher standards of protection for fish and other public resources on land managed by the department than on other public land or private land. The regulations may vary by region of the state and must take into consideration reasonable classification of water bodies and the economic feasibility of timber operations. Sec. 41.17.116. Riparian standards for private land. (a) Private forest land adjacent to the following types of water and located in Region I is subject to the riparian protection standards established in this subsection: (1) along a Type I-A water body, (A) operations within 100 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and (B) harvest of timber may not be undertaken within 66 feet of the water body; (2) along a Type I-B water body, (A) operations within 100 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and (B) harvest of timber may not be undertaken within 66 feet of the water body or to the break of the slope, whichever area is smaller; (3) along a Type I-C water body, (A) operations within 100 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and (B) where prudent, the operator shall retain low value timber within 25 feet of the water body or to the limit of the area described in (A) of this paragraph, whichever area is greater, where the width of the water body is (i) greater than 13 feet at the ordinary high water mark; or (ii) greater than eight feet at the ordinary high water mark if the channel is incised; (4) along a Type I-D water body, (A) operations within 50 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and (B) where prudent, the operator shall retain low value timber within 25 feet of the water body or to the limit of the area described in (A) of this paragraph, whichever area is greater, where the width of the water body is (i) greater than 13 feet at the ordinary high water mark; or (ii) greater than eight feet at the ordinary high water mark if the channel is incised. (b) Private forest land adjacent to the following types of water and located in Region II is subject to the riparian protection standards established in this subsection: (1) along a Type II-A water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 225 feet of the water body or to the terrace top break, whichever is smaller; (2) along a Type II-B water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 325 feet of the water body or to the terrace top break, whichever is smaller; (3) along a Type II-C water body, harvest of timber may not be undertaken within 100 feet of the water body; (4) along a Type II-D water body, there is a 100-foot riparian area; harvest of timber may not be undertaken within 50 feet of the water body; (5) the length of the augmented buffer along an outer bend subject to erosion in (1) or (2) of this subsection must be equal to a distance eight times the stream width measured on a reach between bends at a point not widened by a point bar or channel movement; the augmented buffer must be located so that three stream widths are upstream and five stream widths are downstream of the point opposite the apex of the point bar; (6) where an estuarine area is adjacent to an anadromous or high value resident fish water body, the riparian retention area for the adjacent water body applies to the estuarine area. (c) Private forest land adjacent to the following types of waters and located in Region III is subject to the riparian protection standards established in this subsection: (1) along a Type III-A water body, harvest of timber may not be undertaken within 66 feet of the water body; (2) along a Type III-B water body, harvest of timber may not be undertaken within 33 feet of the water body; between 33 and 66 feet from the water body, up to 50 percent of standing white spruce trees having at least a nine-inch diameter at breast height may be harvested without requiring a variation; (3) along a Type III-C water body, harvest of timber within 100 feet of the water body must be located and designed primarily to protect fish habitat and surface water quality as determined by the commissioner with due deference to the Department of Fish and Game. (d) In this section, (1) “low value timber” means timber that the owner or operator determines, at the time of harvest, to be uneconomic to harvest and market; (2) “prudent” means that the requirement can be met using reasonably available means or technology, that complying with the requirement is not likely to create significant impairment of the productivity of the land and water, and that the cost of achieving the requirement is not out of proportion to the benefits that can reasonably be expected to be achieved in the particular situation. Sec. 41.17.118. Riparian standards for state land. (a) The riparian standards for state land are as follows: (1) on state forest land managed by the department that is in Region I, (A) harvest of timber may not be undertaken within 100 feet immediately adjacent to an anadromous or high value resident fish water body; (B) between 100 and 300 feet from the water body, harvest of timber may occur but must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game; (2) on state forest land managed by the department that is in Region II, (A) along a Type II-A water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 225 feet of the water body or to the terrace top break, whichever is smaller; (B) along a Type II-B water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 325 feet of the water body or to the terrace top break, whichever is smaller; (C) along a Type II-C water body, harvest of timber may not be undertaken within 100 feet of the water body; (D) along a Type II-D water body, there is a 100-foot riparian area; harvest of timber may not be undertaken within 50 feet of the water body; (E) the length of the augmented buffer along an outer bend subject to erosion in (A) or (B) of this paragraph must be equal to a distance eight times the stream width measured on a reach between bends at a point not widened by a point bar or channel movement; the augmented buffer must be located so that three stream widths are upstream and five stream widths are downstream of the point opposite the apex of the point bar; (F) where an estuarine area is adjacent to an anadromous or high value resident fish water body, the riparian retention area for the adjacent water body applies to the estuarine area; (G) along Type II-A, II-B, II-C, and II-D water bodies, harvest of timber may occur between the landward extent of the riparian retention area and 300 feet from the water body, consistent with the maintenance or enhancement of important wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game; (3) on state forest land managed by the department that is in Region III, (A) along a Type III-A water body, harvest of timber may not be undertaken within 100 feet of the water body; however, between 66 feet and 100 feet from the water body, harvest of timber may be undertaken where consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with the concurrence of the Department of Fish and Game; (B) along a Type III-B water body, harvest of timber may not be undertaken within 50 feet of the water body; between 50 feet and 100 feet from the water body, up to 50 percent of standing white spruce trees having at least a nine-inch diameter at breast height may be harvested; (C) along a Type III-C water body, harvest of timber within 100 feet of the water body must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game. (b) The commissioner may impose additional riparian protection standards for timber harvest operations through the adoption of land use plans under AS 38.04.065 . Within a state forest established under AS 41.17.200 — 41.17.230, riparian standards adopted by the commissioner under this subsection may not exceed the standards established under (a) of this section unless the commissioner makes a finding of compelling state interest. (c) In the absence of a site-specific determination by the Department of Fish and Game, the commissioner shall presume for planning purposes that a stream is anadromous if it is connected to anadromous waters that are without Department of Fish and Game documentation of a physical blockage and has a stream gradient of 8 percent or less. Sec. 41.17.119. Minimum riparian standards for other public land. The riparian standards for other public land are as follows: (1) in Region I, harvest of timber may not be undertaken within 100 feet of an anadromous or high value resident fish water body; (2) in Region II, the standards are the same as for state land under AS 41.17.118 (a)(2)(A) — (F) and regulations adopted under this chapter; (3) in Region III, the standards are the same as for state land under AS 41.17.118 (a)(3) and regulations adopted under this chapter. Article 3. Enforcement. Sec. 41.17.120. Inspections and investigations. The commissioner may inspect and investigate forest land and activities on it and may enter upon it in conjunction with any operations as necessary to ensure compliance with applicable regulations and requirements and to otherwise enforce the provisions of this chapter. Other state agencies have this same authority to the extent necessary to enforce their own laws and regulations on forest land. Those agencies and the commissioner shall coordinate their actions under this section. Sec. 41.17.125. Enforcement coordination. All state agencies with enforcement authority over an activity subject to regulation under this chapter shall establish a uniform enforcement strategy that avoids duplication and inconsistencies. All participating agencies shall agree to and comply with the contents of the uniform strategy. In developing and implementing the uniform strategy, each state agency retains its authority to determine the appropriate remedies under the statutes and regulations it administers. Sec. 41.17.131. Penalties for violations. (a) An operator, forest landowner, or timber owner who violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136 , or a stop work order issued under AS 41.17.138 is liable, after notice and hearing, for a civil fine in an amount not to exceed $10,000 to be assessed by the commissioner. In determining the amount of civil fine, the commissioner shall consider (1) the character and degree of injury to forest resources and values; (2) the degree of intent or negligence of the respondent in causing or permitting the violation; (3) the character and number of past violations caused or permitted by the respondent; and (4) if the information is available, the net economic savings realized by the respondent through the violation. (b) An operator, forest landowner, or timber owner that, with criminal negligence, violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136 , or a stop work order issued under AS 41.17.138 is guilty of a class A misdemeanor. In this subsection, “criminal negligence” has the meaning given in AS 11.81.900 (a). (c) Each day that a violation described in this section occurs is a separate violation. (d) If a respondent violates a directive issued under AS 41.17.136 or a stop work order issued under AS 41.17.138 , the attorney general, at the request of the commissioner, may seek an injunction requiring the respondent to suspend all or part of the operations until the respondent complies with the directive or stop work order, and requiring the respondent to repair or correct damage resulting from the violation. (e) If a respondent violates a directive issued under AS 41.17.136 that requires the respondent to repair or correct damage, the commissioner may proceed to repair or correct the damage using state agency employees or contractors and the respondent is liable for the cost of the repair. The commissioner shall deliver to the respondent an itemized statement of expenses incurred. Secs. 41.17.133 , 41.17.135. Notice and hearing; final orders; civil fines. [Repealed, § 33 ch 34 SLA 1990.] Sec. 41.17.136. Directives. (a) Upon a determination that a planned or ongoing activity violates or would violate this chapter or a regulation adopted under it, the state forester shall notify the respondent in writing and direct the respondent to halt or avoid the violation or to repair or correct any damage resulting from the violation. The written notification must include a summary of the basis for the directive. (b) The respondent may either comply with the directive or request a hearing under AS 41.17.139 within 15 days of receipt of the notification. If a hearing is requested, the respondent may continue with the activity unless the state forester issues a stop work order under AS 41.17.138 . If the directive is affirmed by the hearing officer, the respondent shall cease the activity unless a stay is issued under AS 41.17.143 (c) or by the superior court. Sec. 41.17.137. Temporary orders. [Repealed, § 33 ch 34 SLA 1990.] Sec. 41.17.138. Stop work orders. (a) Upon a determination that a violation of this chapter or a regulation adopted under it is occurring or is likely to occur and that significant harm to public resources is likely to occur if work is not halted before a hearing can be held, the state forester may issue a stop work order requiring the respondent to stop the violation or otherwise halt the threatened harm. A stop work order must be in writing and must state the facts on which it is based. (b) The state forester shall immediately refer the matter to a hearing officer for determination of the validity of the stop work order under AS 41.17.139 . The hearing officer shall consider any arguments and evidence presented by the respondent within five workdays after receipt of the stop work order and shall then make an immediate decision sustaining or reversing the stop work order. The stop work order is of no further effect if it is not sustained by the hearing officer within the five-workday period. A stop work order may be sustained only upon the same grounds on which it was originally issued. Sec. 41.17.139. Hearing procedures. (a) Unless otherwise specified, proceedings under AS 41.17.131 — 41.17.139 are not subject to AS 44.62 (Administrative Procedure Act). A hearing under AS 41.17.136 or 41.17.138 shall be held before the state forester, a regional forester, or another employee of the division with similar qualifications acting as a hearing officer. A hearing on an appeal under AS 41.17.087 and a hearing under AS 41.17.082 (b) shall be held before the commissioner or the commissioner's designee. A person who has assisted in the preparation of the division's case is ineligible. Hearings are not limited by common law, statutory, or judicial rules of evidence; however, the hearing officer may admit only that evidence that appears to be reliable and trustworthy. All hearings shall be open to the public. Written or oral testimony may be submitted. A party to a hearing may make written or oral argument, secure the issuance of a subpoena under AS 44.62.430 , offer testimony or other evidence, and cross-examine witnesses. The hearing officer shall endeavor, in conducting any hearing, to ensure that the respondent understands the proceedings and that the facts supporting the position of each party have been adequately presented. (b) If the respondent notifies the commissioner within five days before the hearing provided for in (a) of this section, the following rules and procedures apply to the hearing: (1) the hearing shall be a nonadversary proceeding, with the hearing officer fully and impartially representing the interests of the state and the respondent; (2) the hearing officer shall thoroughly investigate the facts and circumstances relating to the alleged violation, including taking testimony from appropriate persons, collecting and examining documents and other evidence, and performing other actions consistent with due process of law; and (3) the hearing officer shall issue a decision in accordance with the applicable procedures of (a) of this section. (c) The hearing officer shall select the location of the hearing, giving consideration to the convenience of the parties and witnesses. The hearing officer may permit witnesses to testify through teleconferencing. Sec. 41.17.141. Enforcement of orders. [Repealed, § 33 ch 34 SLA 1990.] Sec.

41.17.143. Appeals and judicial review. (a) A decision by a hearing officer under AS 41.17.136 or 41.17.138 or by the commissioner under AS 41.17.082 (b), 41.17.087, or 41.17.131(a) constitutes final agency action that may be appealed to the superior court within 30 days after it is issued. Judicial review shall be as provided in AS 44.62.560 and 44.62.570. (b) An operator, forest landowner, or timber owner may request the commissioner to reconsider the decision of a hearing officer within 30 days after it is issued. Reconsideration is not a precondition of judicial review under (a) of this section. If reconsideration is requested, the final agency action for purposes of judicial review is a decision by the commissioner to affirm, modify, or reverse the hearing officer or to deny the request for reconsideration. (c) The commissioner may stay or modify a directive or order pending administrative or judicial review. A stay or modification may not be appealed separately from an appeal of the substantive decision. (d) A person, except the aggrieved forest landowner, timber owner, or operator, may not maintain an administrative or judicial appeal, or other action or proceeding of any kind, challenging a decision or failure to act by the department with respect to the compliance of a timber operation on private forest land with this chapter or a regulation, standard, directive, or order issued under this chapter. This subsection does not prohibit the maintenance of an action (1) for an alleged violation of a constitutional right; or (2) against the department regarding a regulation, standard, or systematic course of conduct that does not involve a challenge to, or attempt to enjoin, stay, modify, or otherwise affect a timber operation on private forest land subject to this chapter. Article 4. State Forest System. Sec. 41.17.200. State forest purposes and management. (a) The purpose of AS 41.17.200 — 41.17.230 is to permit the establishment of designated state-owned or acquired land and water areas as state forests. The primary purpose in the establishment of state forests is timber management that provides for the production, utilization, and replenishment of timber resources while allowing other beneficial uses of public land and resources. (b) In managing a state forest, the commissioner shall, consistent with the primary purpose of a state forest under (a) of this section, restrict the public use of the land and its resources, including timber, fish and wildlife, and minerals, only when necessary to carry out the purposes of this chapter. (c) A carbon offset project under AS 38.95.400 — 38.95.499 may be undertaken on land identified in AS 41.17.200 — 41.17.230. Sec. 41.17.210. State forests. (a) The governor may propose to the legislature the establishment of state forests consisting primarily of commercially valuable forest land determined by the governor to be necessary for retention in state ownership for management under the principles of multiple use and sustained yield and consistent with AS 38.04.005 . The proposal of the governor must include a report and recommendations of the commissioner including (1) a preliminary forest inventory; (2) a summary of the testimony offered at public hearings held on the management of the proposed state forest in communities proximately located to a proposed state forest; (3) [Repealed, § 16 ch 153 SLA 2003.] (4) [Repealed, § 16 ch 153 SLA 2003.] (5) an estimate of the cost of a full implementation of an operational level forest inventory and the management plan. (b) A state forest established by the legislature shall be retained in state ownership. Sec. 41.17.220. Management of state forests. Land within a state forest or within a unit of a state forest shall be managed under (1) the sustained yield principle; (2) this chapter; (3) a forest management plan prepared by the department; and (4) if applicable, a carbon offset project undertaken by the department under AS 38.95.400 — 38.95.499. Sec. 41.17.230. Management plans. (a) The commissioner shall prepare a forest management plan consistent with AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to assist in meeting the requirements of this chapter. An operational level forest inventory shall be completed before a forest management plan for the state forest or the unit of a state forest is adopted. The forest management plan shall be adopted, implemented, and maintained within three years of the establishment of a state forest by the legislature. To the extent they are found to be compatible with the primary purpose of state forests under AS 41.17.200 , the forest management plan must consider and permit uses of forest land for other purposes, including a carbon offset project under AS 38.95.400 — 38.95.499, recreation, tourism, mining, mineral exploration, mineral leasing, material extraction, consumptive and nonconsumptive uses of wildlife and fish, grazing and other agricultural activities, and other traditional uses. If the commissioner finds that a permitted use is incompatible with one or more other uses in a portion of a state forest, the commissioner shall affirmatively state in the management plan that finding of incompatibility for the specific area where the incompatibility is anticipated to exist and the time period when the incompatibility is anticipated to exist together with the reasons and benefits for each finding. (b) The commissioner shall review and revise a forest management plan when necessary. (c) A management plan may not be adopted or revised after the establishment of the state forest without prior review by the Board of Forestry and by other appropriate state agencies or without prior public hearings held in a community proximately located to the state forest or to a unit of a state forest. (d) [Repealed, § 16 ch 153 SLA 2003.] (e) [Repealed, § 34 ch 34 SLA 1990.] (f) [Repealed, § 34 ch 34 SLA 1990.] (g) A carbon offset project undertaken under AS 38.95.400 — 38.95.499 within a state forest must be consistent with the applicable forest management plan, and the applicable forest management plan must identify the land appropriate for the carbon offset project. The department may amend a forest management plan to allow for a carbon offset project. Article 5. State Land Reforestation. Sec. 41.17.300. State land reforestation fund. A state land reforestation fund is established in the department. The money in the state land reforestation fund may be used only for the reforestation of state land, including site preparation, seed and seedling acquisition and cultivation, planting, and other reforestation measures, timber stand improvement, and the development of materials and techniques for the reforestation of state land. Sec. 41.17.310. Appropriations to state land reforestation fund. (a) The state land reforestation fund consists of money appropriated by the legislature and contributions from private donors. It is the intent of the legislature that the appropriations made to the fund equal no less than 25 percent of the revenues from the sale of timber and other forest products from state land as well as the total revenues from (1) compensation for loss or damage to land within a state forest; and (2) the federal government and other governmental units for reforestation. (b) Money appropriated to or paid into the state land reforestation fund does not lapse. Sec. 41.17.320. Report. The commissioner shall prepare an annual report on the uses of the money in the state land reforestation fund, the proposed uses of the fund in the following fiscal year, and the balance in the fund. The commissioner shall notify the legislature within the first 10 days of each session of the legislature that the report is available. Article 6. State Forests. Sec. 41.17.400. Tanana Valley State Forest. (a) Subject to valid existing rights and except for land owned by or transferred to the University of Alaska under a settlement agreement between the state and the university, the state-owned or acquired land and water lying within the parcels described in (d) of this section is designated as the Tanana Valley State Forest. (b) The commissioner shall prepare a management plan for the Tanana Valley State Forest under AS 41.17.230 . (c) The commissioner may establish transportation corridors within the Tanana Valley State Forest. (d) The Tanana Valley State Forest includes the state-owned or acquired land and water lying within the following described parcels: (1) Township 1 North, Range 2 East, Fairbanks Meridian Sections 1 — 3 Sections 10 — 12 Sections 13 — 15: N1/2; (2) Township 1 North, Range 3 East, Fairbanks Meridian Section 1: E1/2, E1/2SW1/4, SW1/4SW1/4, SE1/4NW1/4 Section 2: NW1/4, NW1/4SW1/4 Sections 3 — 5 Section 6: N1/2 Section 7: E1/2E1/2 Sections 8 — 9 Section 10: NW1/4SW1/4, N1/2NW1/4, SW1/4NW1/4 Section 11: E1/2, S1/2SW1/4 Sections 12 — 14 Section 15: S1/2NE1/4, NE1/4NE1/4, S1/2; (3) Township 1 North, Range 4 East, Fairbanks Meridian Sections 1 — 12 Sections 16 — 18; (4) Township 1 North, Range 5 East, Fairbanks Meridian Sections 6 — 10 Sections 15 — 16; (5) Township 1 North, Range 4 West, Fairbanks Meridian Section 5: W1/2 Sections 6 — 11 Section 15 Sections 16 — 24 Section 27 Section 28: NE1/4, NE1/4SE1/4 Section 29: S1/2, W1/2NW1/4 Sections 30 — 32 Section 33: W1/2; (6) Township 1 North, Range 5 West, Fairbanks Meridian; (7) Township 1 North, Range 6 West, Fairbanks Meridian Section 1 Sections 12 — 13 Sections 24 — 25 Sections 35 — 36; (8) Township 1 North, Range 8 West, Fairbanks Meridian Sections 17 — 20 Sections 29 — 34 Section 35: W1/2; (9) Township 1 North, Range 9 West, Fairbanks Meridian Sections 13 — 36; (10) Township 1 North, Range 10 West, Fairbanks Meridian Sections 13 — 36; (11) Township 1 North, Range 11 West, Fairbanks Meridian Sections 5 — 7 Section 18: west of Tolovana River Section 19: west of Tolovana River Section 30: west of Tolovana River Sections 31 — 36; (12) Township 1 North, Range 12 West, Fairbanks Meridian; (13) Township 1 North, Range 13 West, Fairbanks Meridian Sections 1 — 3 Sections 10 — 15 Sections 22 — 26 Sections 35 — 36; (14) Township 2 North, Range 2 East, Fairbanks Meridian Sections 34 — 36; (15) Township 2 North, Range 3 East, Fairbanks Meridian Sections 13 — 16 Sections 21 — 29 Sections 31 — 36; (16) Township 2 North, Range 4 East, Fairbanks Meridian Sections 5 — 8 Sections 17 — 19 Section 30: N1/2; (17) Township 2 North, Range 3 West, Fairbanks Meridian Section 11: S1/2 Section 12: S1/2 Sections 13 — 17 Sections 19 — 24; (18) Township 2 North, Range 5 West, Fairbanks Meridian Section 1 Section 2: N1/2 Section 3: N1/2 Sections 4 — 8 Section 9: N1/2 Section 11: S1/2 Sections 12 — 14 Section 15: S1/2 Section 17: N1/2 Sections 18 — 19 Sections 21 — 36; (19) Township 2 North, Range 10 West, Fairbanks Meridian Sections 4 — 6 Section 7: N1/2; (20) Township 2 North, Range 11 West, Fairbanks Meridian Sections 1 — 9 Section 10: N1/2 Section 11: N1/2 Section 12: N1/2 Sections 16 — 21 Sections 28 — 33; (21) Township 2 North, Range 12 West, Fairbanks Meridian; (22) Township 2 North, Range 13 West, Fairbanks Meridian Sections 1 — 30 Sections 33 — 36; (23) Township 2 North, Range 14 West, Fairbanks Meridian Sections 23 — 26; (24) Township 3 North, Range 2 West, Fairbanks Meridian Section 7: Tract E, ASLS 81-20 Section 8: Tracts H, J, K, L, ASLS 81-20 Section 17: Tracts M, N, O, ASLS 81-20 Section 18: Tracts A, B, ASLS 81-20 Section 19; (25) Township 3 North, Range 3 West, Fairbanks Meridian Section 13 Sections 19 — 24 Section 25: N1/2 Section 31: N1/2, SW1/4 Section 32: N1/2 Section 33: N1/2 Section 34: N1/2 Section 35: N1/2; (26) Township 3 North, Range 4 West, Fairbanks Meridian Section 3: west of Washington Creek Sections 4 — 7 Section 8: west of Washington Creek Section 9: west of Washington Creek Section 10: west of Washington Creek Section 17: west of Washington Creek Sections 18 — 36; (27) Township 3 North, Range 5 West, Fairbanks Meridian Section 1 Section 4: north of left limit of Tatalina River Section 5: north of left limit of Tatalina River Sections 6 — 7 Sections 11 — 36; (28) Township 3 North, Range 6 West, Fairbanks Meridian Sections 1 — 12; (29) Township 3 North, Range 7 West, Fairbanks Meridian Sections 1 — 3 Sections 10 — 12; (30) Township 3 North, Range 10 West, Fairbanks Meridian Sections 1 — 10 Sections 15 — 33; (31) Township 3 North, Range 11 West, Fairbanks Meridian Sections 1 — 3 Sections 10 — 15 Sections 19 — 36; (32) Township 3 North, Range 12 West, Fairbanks Meridian Section 19: east of right limit of Hutlitakwa Creek Section 20: east of right limit of Hutlitakwa Creek Section 21: east of right limit of Hutlitakwa Creek Sections 22 — 29 Section 30: east of right limit of Hutlitakwa Creek Sections 31 — 36; (33) Township 3 North, Range 13 West, Fairbanks Meridian Sections 3 — 4 Section 9 Sections 16 — 17 Sections 19 — 20 Section 21: W1/2 Section 25: east of right limit of Hutlitakwa Creek Section 26: east of right limit of Hutlitakwa Creek Sections 29 — 32 Section 34: east of right limit of Hutlitakwa Creek Section 35: east of right limit of Hutlitakwa Creek Section 36; (34) Township 3 North, Range 14 West, Fairbanks Meridian Section 25: E1/2 Section 36; (35) Township 4 North, Range 5 West, Fairbanks Meridian Section 1: west of left limit of Tatalina River Sections 2 — 10 Section 11: west of left limit of Tatalina River Section 12: west of left limit of Tatalina River Section 14: west of left limit of Tatalina River Section 15: west of left limit of Tatalina River Sections 16 — 21 Section 22: west of left limit of Tatalina River Section 27: west of left limit of Tatalina River Section 28: west of left limit of Tatalina River Sections 29 — 32 Section 33: west of left limit of Tatalina River; (36) Township 4 North, Range 6 West, Fairbanks Meridian Section 1 Sections 10 — 15 Sections 22 — 36; (37) Township 4 North, Range 7 West, Fairbanks Meridian Sections 25 — 26 Section 32: SE 1/4 Sections 33 — 36; (38) Township 4 North, Range 13 West, Fairbanks Meridian Section 27 Section 33: SE1/4 Section 34; (39) Township 5 North, Range 5 West, Fairbanks Meridian Sections 1 — 2: west of Slate Creek Sections 3 — 5 Section 6: E1/2 Section 7: E1/2 Sections 8 — 11 Section 12: west of Slate Creek Sections 13 — 17 Section 18: E1/2 Sections 19 — 36; (40) Township 6 North, Range 4 West, Fairbanks Meridian Section 5: west of Alyeska Pipeline right-of-way and north of left limit of Slate Creek Section 6: west of Alyeska Pipeline right-of-way Section 7: west of left limit of Slate Creek Section 8: west of left limit of Slate Creek Section 18: west of left limit of Slate Creek Section 19: west of left limit of Slate Creek; (41) Township 6 North, Range 5 West, Fairbanks Meridian Sections 1 — 4 Section 5: E1/2 Section 8: E1/2 Sections 9 — 16 Section 17: E1/2 Sections 20 — 23 Section 24: west of left limit of Slate Creek Section 25: west of left limit of Slate Creek Section 26: west of left limit of Slate Creek Sections 27 — 29 Sections 32 — 34 Section 35: west of left limit of Slate Creek; (42) Township 7 North, Range 4 West, Fairbanks Meridian Section 30: west of Alyeska Pipeline right-of-way Section 31: west of Alyeska Pipeline right-of-way; (43) Township 7 North, Range 5 West, Fairbanks Meridian Section 15: west of Alyeska Pipeline right-of-way Section 16: E1/2 Section 21: E1/2 Section 22: west of Alyeska Pipeline right-of-way Section 23: west of Alyeska Pipeline right-of-way Section 25: west of Alyeska Pipeline right-of-way Section 26: west of Alyeska Pipeline right-of-way Section 27 Section 28: E1/2 Section 33: E1/2 Sections 34 — 36; (44) Township 15 North, Range 11 East, Copper River Meridian Sections 1 — 2 Section 3: excluding ASLS 78-42 Sections 4 — 8 Sections 17 — 19 Section 30 Section 31; (45) Township 16 North, Range 11 East, Copper River Meridian Sections 1 — 3 Sections 10 — 15 Sections 22 — 36; (46) Township 16 North, Range 12 East, Copper River Meridian Sections 1 — 12 Sections 14 — 22 Sections 28 — 32; (47) Township 17 North, Range 11 East, Copper River Meridian Sections 1 — 3 Sections 10 — 15; (48) Township 17 North, Range 12 East, Copper River Meridian Section 5: west of Eagle Trail Section 6: west of Eagle Trail Sections 7 — 8 Section 9: west of Eagle Trail Section 15: west of Eagle Trail Section 16: west of Eagle Trail Sections 17 — 21 Section 22: west of Eagle Trail Section 23: west of Eagle Trail Section 26: west of Eagle Trail Sections 27 — 34 Section 35: west of Eagle Trail; (49) Township 18 North, Range 11 East, Copper River Meridian Section 26: west of Eagle Trail Sections 27 — 33 Section 34: west of Eagle Trail Section 35: west of Eagle Trail Section 36: west of Eagle Trail; (50) Township 18 North, Range 13 East, Copper River Meridian Sections 4 — 5; (51) Township 19 North, Range 8 East, Copper River Meridian Section 1: east of left limit of Tanana River Section 2: east of left limit of Tanana River Section 12: east of left limit of Tanana River Section 13: east of left limit of Tanana River Section 24: east of left limit of Tanana River Section 25: east of left limit of Tanana River; (52) Township 19 North, Range 9 East, Copper River Meridian Sections 1 — 21 Section 22: north of left limit of Tanana River Section 23: north of left limit of Tanana River Section 24: north of left limit of Tanana River Section 25: north of left limit of Tanana River Section 28: north of left limit of Tanana River Section 29: north of left limit of Tanana River Section 30: north of left limit of Tanana River Section 31: north of left limit of Tanana River Section 32: north of left limit of Tanana River; (53) Township 19 North, Range 12 East, Copper River Meridian Sections 1 — 3 Section 10 Section 11: excluding F14438 Parcel B Section 12 Section 13: excluding F14471 Parcel B Sections 14 — 15 Section 16: E1/2 Section 17: S1/2 Section 19 Section 20: excluding USS6011 F024775 Parcel E Sections 21 — 36; (54) Township 19 North, Range 13 East, Copper River Meridian, excluding Sections 30 — 32; (55) Township 19 North, Range 14 East, Copper River Meridian; (56) Township 19 North, Range 15 East, Copper River Meridian Sections 16 — 36; (57) Township 20 North, Range 8 East, Copper River Meridian Sections 1 — 2 Section 3: east of Alaska Highway Section 10: east of Alaska Highway Sections 11 — 13 Section 14: east of Alaska Highway Section 23: east of Alaska Highway Sections 24 — 25 Section 26: east of Alaska Highway Section 35: east of Alaska Highway Section 36; (58) Township 20 North, Range 9 East, Copper River Meridian; (59) Township 20 North, Range 10 East, Copper River Meridian; (60) Township 20 North, Range 11 East, Copper River Meridian Sections 1 — 16 Section 17 Section 18 Sections 20 — 23 Sections 28 — 29 Section 32 Section 33: excluding USS 4377, NA Parcel A, F12549, NA, Parcels B, F-14422; (61) Township 20 North, Range 12 East, Copper River Meridian Sections 20 — 23 Section 24: excluding NA, F-12107 Sections 25 — 29 Sections 34 — 36; (62) Township 20 North, Range 13 East, Copper River Meridian Sections 19 — 36; (63) Township 21 North, Range 8 East, Copper River Meridian Sections 1 — 6 Sections 8 — 17 Sections 21 — 25 Sections 26 — 27: excluding USS 3620 Section 34: excluding USS 5622A Section 36; (64) Township 21 North, Range 9 East, Copper River Meridian; (65) Township 21 North, Range 10 East, Copper River Meridian Sections 23 — 26 Sections 35 — 36; (66) Township 22 North, Range 5 East, Copper River Meridian Sections 1 — 12 Section 13: north of Alaska Highway Section 14: north of Alaska Highway Section 15: north of Alaska Highway Section 16: north of Alaska Highway Section 17: north of Alaska Highway Section 18: north of Alaska Highway; (67) Township 22 North, Range 8 East, Copper River Meridian; (68) Township 22 North, Range 9 East, Copper River Meridian; (69) Township 23 North, Range 5 East, Copper River Meridian Sections 1 — 3 Sections 10 — 15 Sections 21 — 24; (70) Township 23 North, Range 6 East, Copper River Meridian Sections 2 — 7 Section 13 Sections 18 — 19 Sections 24 — 25; (71) Township 23 North, Range 7 East, Copper River Meridian Sections 1 — 30 Section 34: NE1/4, S1/2 Sections 35 — 36; (72) Township 23 North, Range 8 East, Copper River Meridian; (73) Township 24 North, Range 5 East, Copper River Meridian Sections 1 — 5 Sections 8 — 17 Sections 20 — 29 Sections 34 — 36; (74) Township 24 North, Range 6 East, Copper River Meridian; (75) Township 24 North, Range 7 East, Copper River Meridian; (76) Township 25 North, Range 6 East, Copper River Meridian; (77) Township 25 North, Range 7 East, Copper River Meridian; (78) Township 25 North, Range 8 East, Copper River Meridian Sections 6 — 7 Sections 18 — 19 Sections 31 — 32; (79) Township 26 North, Range 5 East, Copper River Meridian; (80) Township 26 North, Range 6 East, Copper River Meridian; (81) Township 1 South, Range 3 East, Fairbanks Meridian Section 1 Sections 11 — 14 Section 15: S1/2, S1/2N1/2 Section 16 Section 23: NE1/4 Section 24: N1/2; (82) Township 1 South, Range 4 East, Fairbanks Meridian Sections 1 — 2 Section 4: S1/2 Section 5: S1/2, NW1/4 Sections 6 — 7 Section 8: north of Chena River Section 9: the NW1/4 north of Chena River, N1/2NE1/4 Section 10: NE1/4 Section 11 Section 12: N1/2 Section 17: north of Chena River Section 18; (83) Township 1 South, Range 5 East, Fairbanks Meridian Section 6; (84) Township 1 South, Range 3 West, Fairbanks Meridian Section 26: S1/2 south of Parks Highway Section 27: south of Parks Highway Section 28: south of Parks Highway Section 29: west of Old Nenana Highway and south of Parks Highway Section 31: south of Parks Highway Section 32: south of Parks Highway Section 33: south of Parks Highway Section 34: south of Parks Highway Section 35; (85) Township 1 South, Range 4 West, Fairbanks Meridian Section 4: SW1/4 Sections 7 — 8 Section 9: NW1/4 Section 18: N1/2 Section 23: SE1/4, SE1/4NE1/4 Sections 24 — 29 Section 32: N1/2N1/2 Section 34: excluding NW1/4NW1/4 Sections 35 — 36; (86) Township 1 South, Range 5 West, Fairbanks Meridian Sections 2 — 12 Section 13: N1/2 Sections 14 — 23 Sections 28 — 30 Section 31: N1/2, N1/2S1/2 Section 32: N1/2, N1/2S1/2; (87) Township 1 South, Range 6 West, Fairbanks Meridian Sections 1 — 4 Sections 9 — 16 Sections 21 — 28 Sections 32 — 34 Section 35: E1/2 Section 36: N1/2; (88) Township 1 South, Range 8 West, Fairbanks Meridian Sections 3 — 10 Sections 15 — 22 Sections 27 — 34; (89) Township 1 South, Range 10 West, Fairbanks Meridian Sections 1 — 6; (90) Township 1 South, Range 11 West, Fairbanks Meridian Sections 1 — 24 Sections 27 — 34; (91) Township 1 South, Range 12 West, Fairbanks Meridian Sections 1 — 2 Sections 11 — 14 Section 21: south of the unnamed creek Sections 22 — 28 Section 31: south of right limit of Tanana River Section 32: south of right limit of Tanana River Sections 33 — 36; (92) Township 1 South, Range 13 West, Fairbanks Meridian Section 27: north of a branch of Tanana River Section 34: north of a branch of Tanana River Section 35: north of a branch of Tanana River Section 36: north of a branch of Tanana River; (93) Township 2 South, Range 3 West, Fairbanks Meridian Section 2: N1/2, tract F, ASLS 80 — 118 Sections 3 — 10 Section 13: Lots A and C Section 14: Lots 5 — 7, NE1/4, SW1/4 Section 15: west of left limit of Tanana River Sections 16 — 19 Section 20: north of military reservation Section 21: north of military reservation Section 22: north of military reservation Section 23: north of military reservation Section 24: north of military reservation Section 28: north of military reservation Section 29: north of military reservation Sections 30 — 31 Section 32: north of military reservation; (94) Township 2 South, Range 4 West, Fairbanks Meridian Sections 1 — 3 Section 4: E1/2, SW1/4 Section 7: SE1/4SE1/4 Section 8: S1/2NE1/4, SE1/4, E1/2SW1/4, SW1/4SW1/4, and all land south of Parks Highway Sections 9 — 36; (95) Township 2 South, Range 5 West, Fairbanks Meridian Sections 1 — 2 Sections 7 — 27 Sections 31 — 36; (96) Township 2 South, Range 6 West, Fairbanks Meridian Section 3 Section 4: N1/2, SE1/4, SW1/4SW1/4 Section 5 Sections 10 — 12 Section 16; (97) Township 2 South, Range 7 West, Fairbanks Meridian Section 35: SE1/4SE1/4 Section 36: SE1/4, SE1/4NE1/4, E1/2SW1/4, SW1/4SW1/4; (98) Township 2 South, Range 11 West, Fairbanks Meridian Section 6; (99) Township 2 South, Range 12 West, Fairbanks Meridian Sections 1 — 24 Sections 27 — 34; (100) Township 2 South, Range 13 West, Fairbanks Meridian Sections 1 — 6 Section 7: Tracts A, B, and C, ASLS 81-54 SW1/4 Section 8: NE1/4, Tracts D, E, F, ASLS 81-54 Sections 9 — 30 Sections 33 — 36; (101) Township 3 South, Range 3 West, Fairbanks Meridian Section 6: north of military reservation Section 7: north of military reservation; (102) Township 3 South, Range 4 West, Fairbanks Meridian Sections 1 — 11 Section 12: north of military reservation Section 14: north of military reservation Section 15: north of military reservation Section 16 Section 17: north of military reservation Section 20: north of military reservation Section 21: north of military reservation Section 22: north of military reservation; (103) Township 3 South, Range 5 West, Fairbanks Meridian Sections 1 — 12 Section 13: NW1/4NW1/4, Lots 2 — 4 Section 14: north of left limit of Tanana River Section 15: north of left limit of Tanana River Section 17: north of left limit of Tanana River Section 18: north of left limit of Tanana River Section 19: north of left limit of Tanana River, excluding NE1/4NE1/4 Section 20: north of left limit of Tanana River, excluding Lot 3 Section 21: north of left limit of Tanana River Section 31: Lot 2; (104) Township 3 South, Range 6 West, Fairbanks Meridian Sections 13 — 36; (105) Township 3 South, Range 7 West, Fairbanks Meridian Section 1 Section 2: E1/2, E1/2SW1/4, SW1/4SW1/4 Section 3: SE1/4SE1/4 Section 9: south of Parks Highway Section 10: that portion of NE1/4 that lies south of Parks Highway, SW1/4SE1/2 Section 11: N1/2, N1/2SE1/4 Section 12: N1/2, N1/2S1/2 Section 20: S1/2 Sections 22 — 29 Sections 31 — 36; (106) Township 3 South, Range 12 West, Fairbanks Meridian Sections 3 — 10 Sections 15 — 19 Section 30; (107) Township 3 South, Range 13 West, Fairbanks Meridian Section 12: E1/2 Section 13 Section 14: E1/2 Sections 24 — 25 Section 26: E1/2 Sections 35 — 36; (108) Township 4 South, Range 4 East, Fairbanks Meridian Section 30: west of Richardson Highway Section 31: west of Richardson Highway Section 32: west of Richardson Highway; (109) Township 4 South, Range 6 West, Fairbanks Meridian Sections 1 — 12 Sections 14 — 18; (110) Township 4 South, Range 7 West, Fairbanks Meridian Sections 1 — 12 Section 13: north of left limit of Tanana River Section 14: north of left limit of Tanana River Section 18: Lots 3 — 6; (111) Township 4 South, Range 13 West, Fairbanks Meridian Sections 1 — 2 Section 3: east of left limit of Kantishna River Section 4: east of left limit of Kantishna River Section 8: east of left limit of Kantishna River Section 9: east of left limit of Kantishna River Section 10: east of left limit of Kantishna River Section 11 Section 15 Section 16: east of left limit of Kantishna River Section 17: east of left limit of Kantishna River Section 20: east of left limit of Kantishna River Section 21: east of left limit of Kantishna River Section 22 Section 27: east of left limit of Kantishna River Section 28: east of left limit of Kantishna River Section 29: east of left limit of Kantishna River Section 33: east of left limit of Kantishna River Section 34: east of left limit of Kantishna River; (112) Township 5 South, Range 4 East, Fairbanks Meridian Sections 5 — 6 Section 7: east of military reservation Section 8 Section 17 Section 18: east of military reservation Section 19: east of military reservation Section 20 Section 29 Section 30: east of military reservation Section 31 Section 32: excluding NE1/4SE1/4, Lots 1 — 4; (113) Township 5 South, Range 5 East, Fairbanks Meridian Sections 25 — 29 Sections 33 — 36; (114) Township 5 South, Range 6 East, Fairbanks Meridian Sections 28 — 29 Section 30: S1/2 Sections 31 — 34 Section 36: S1/2; (115) Township 5 South, Range 8 East, Fairbanks Meridian Sections 1 — 6 Sections 8 — 17 Sections 20 — 30 Sections 32 — 36; (116) Township 5 South, Range 9 East, Fairbanks Meridian Sections 4 — 9 Sections 13 — 36; (117) Township 6 South, Range 4 East, Fairbanks Meridian Section 5: excluding Lots 1, 2 Section 6: east of military reservation Section 7: east of military reservation Section 8 Section 9: excluding N1/2NE1/4SE1/4, S1/2S1/2NE1/4, Lot 5 Section 14: Lot 4 Section 15: south of Tanana River Section 16 Section 21: east of military reservation Section 22 Section 23: NE1/4NE1/4, that portion west of Richardson Highway Section 25: south of Richardson Highway Section 26: excluding Lot 1 Section 27: east of military reservation Section 35 Section 36: W1/2SW1/4; (118) Township 6 South, Range 5 East, Fairbanks Meridian Sections 1 — 4 Sections 9 — 15 Section 16: S1/2, NE1/4 Section 20: S1/2 Sections 21 — 28 Section 29: N1/2 Section 36; (119) Township 6 South, Range 6 East, Fairbanks Meridian Section 1 Sections 3 — 9 Section 10: W1/2 Section 11: E1/2 Sections 12 — 36; (120) Township 6 South, Range 7 East, Fairbanks Meridian Sections 3 — 36; (121) Township 6 South, Range 8 East, Fairbanks Meridian; (122) Township 6 South, Range 9 East, Fairbanks Meridian; (123) Township 6 South, Range 10 East, Fairbanks Meridian; (124) Township 7 South, Range 6 East, Fairbanks Meridian Sections 1 — 5 Sections 8 — 15 Sections 21 — 24 Section 25: north of left limit of Tanana River Section 26: north of left limit of Tanana River Section 27: north of left limit of Tanana River Section 28 Section 29: S1/2 Section 30: S1/2 Sections 31 — 32 Section 33: north of left limit of Tanana River; (125) Township 7 South, Range 7 East, Fairbanks Meridian Sections 1 — 18 Section 19: north of Richardson Highway Section 20: north of Richardson Highway Section 21: north of Richardson Highway Sections 23 — 26 Section 27: north of Richardson Highway Section 35: excluding ASLS 81-213 except Tract A Section 36: excluding ASLS 81-213 except Tract A; (126) Township 7 South, Range 8 East, Fairbanks Meridian Sections 1 — 12 Sections 15 — 21 Section 22: W1/2 Section 27: W1/2 Sections 28 — 32 Section 34; (127) Township 7 South, Range 9 East, Fairbanks Meridian Sections 3 — 10 Section 15: N1/2 Section 16: N1/2; (128) Township 7 South, Range 10 East, Fairbanks Meridian Sections 24 — 25 Sections 35 — 36; (129) Township 7 South, Range 11 East, Fairbanks Meridian Sections 1 — 2 Sections 11 — 14 Sections 19 — 36; (130) Township 7 South, Range 12 East, Fairbanks Meridian; (131) Township 8 South, Range 5 East, Fairbanks Meridian Section 1: S1/2SW1/4 Section 2: S1/2 north of military reservation, S1/2NW1/4, SW1/4NE1/4 Section 3: SE1/4NE1/4, NE1/4SE1/4, north of military reservation Section 11: north of the military reservation Section 12: north of the military reservation Section 13: north of the military reservation; (132) Township 8 South, Range 6 East, Fairbanks Meridian Section 1: S1/2SW1/4, SW1/4SE1/4 Section 2: S1/2S1/2 Section 3: S1/2S1/2 Sections 7 — 16 Section 17: north of military reservation Section 18: north of military reservation Section 20: north of military reservation Section 21: north of military reservation Sections 22 — 26 Section 27: north of military reservation Section 28: north of military reservation; (133) Township 8 South, Range 7 East, Fairbanks Meridian Section 1 Section 13: W1/2, SE1/4, SW1/4NE1/4 Section 14: W1/2SW1/4, E1/2NE1/4 Section 15: S1/2, NW1/4, S1/2NE1/4 Sections 16 — 17 Section 19: SE1/4SE1/4 Sections 20 — 22 Section 23: NW1/4, N1/2SW1/4, NE1/4NE1/4, W1/2NE1/4 Section 24: N1/2 NW1/4 Section 27: W1/2, NW1/4NE1/4 Section 28: NE1/4SE 1/4, north of Delta River Section 29 Section 30: NE1/4NE1/4 Section 34: NW1/4NW1/4; (134) Township 8 South, Range 8 East, Fairbanks Meridian Sections 4 — 6 Section 18: SW1/4SE1/4, S1/2SW1/4, NW1/4SW1/4 Section 19: N1/2, N1/2SE1/4 Section 20: SW1/4NW1/4, NW1/4SW1/4; (135) Township 8 South, Range 10 East, Fairbanks Meridian Section 1 Sections 12 — 13; (136) Township 8 South, Range 11 East, Fairbanks Meridian Sections 1 — 18 Sections 22 — 27 Section 36; (137) Township 8 South, Range 12 East, Fairbanks Meridian Sections 1 — 10 Sections 15 — 22 Sections 27 — 34; (138) Township 8 South, Range 13 East, Fairbanks Meridian Sections 25 — 26 Sections 33 — 36; (139) Township 9 South, Range 11 East, Fairbanks Meridian Section 3: S1/2 Sections 4 — 5 Sections 8 — 11 Sections 13 — 16 Section 17: E1/2, NE1/4SW1/4, SW1/4NW1/4 Sections 21 — 27 Section 28: excluding FO2662; (140) Township 9 South, Range 12 East, Fairbanks Meridian Sections 19 — 21 Sections 28 — 36; (141) Township 9 South, Range 13 East, Fairbanks Meridian Sections 1 — 3 Section 10: E1/2 Sections 11 — 13 Sections 24 — 25 Section 26: S1/2 Section 27 Section 28: NE1/4 Sections 34 — 36; (142) Township 9 South, Range 14 East, Fairbanks Meridian; (143) Township 9 South, Range 16 East, Fairbanks Meridian; (144) Township 10 South, Range 12 East, Fairbanks Meridian Sections 1 — 3 Section 4: north of left limit of Tanana River Section 5: north of left limit of Tanana River Section 6: north of left limit of Tanana River Section 10: north of left limit of Tanana River Section 11: north of left limit of Tanana River Section 12: north of left limit of Tanana River; (145) Township 10 South, Range 13 East, Fairbanks Meridian Sections 1 — 6 Section 7: north of left limit of Tanana River Section 8: north of left limit of Tanana River Sections 9 — 12 Section 14: N1/2 Section 15: N1/2; (146) Township 10 South, Range 14 East, Fairbanks Meridian Sections 1 — 20 Section 21: NE1/4SE1/4, W1/2, N1/2NE1/4 Sections 22 — 24 Section 25: excluding Tract C Section 26: excluding SW1/4SW1/4 Section 27: N1/2NE1/4, NE1/4NW1/4 Section 28: W1/2 Section 29 Section 30: NE1/4NE1/4 Section 32: excluding Tract U, Delta I Section 33: W1/2; (147) Township 10 South, Range 16 East, Fairbanks Meridian Sections 1 — 35; (148) Township 11 South, Range 14 East, Fairbanks Meridian Section 4: NW1/4, Tracts A, B, E Section 5: excluding Tract U, Delta Barley I Section 9: Tracts A, B, E1/2 Section 10: Tracts B, C Section 15: Tracts B, C Section 16: E1/2, Tracts A, B Section 21: Tracts A, B Section 22: NW1/4, Tracts A, B, D Section 23: Tracts A, B, D, E Section 26: Tracts A, B, C, D Section 35: E1/2, Tracts A, B Section 36: Tracts A, B, C, D, E; (149) Township 11 South, Range 16 East, Fairbanks Meridian; (150) Township 12 South, Range 14 East, Fairbanks Meridian Section 1: excluding USS 4013 Section 2: excluding ASLS 79-93 Section 11: excluding ASLS 79-93 Sections 12 — 13 Section 14: excluding ASLS 79-93 Section 23: excluding ASLS 79-93 Section 24: excluding ASLS 79-93 Section 25: excluding ASLS 79-93 Section 36: excluding ASLS 79-93; (151) Township 12 South, Range 15 East, Fairbanks Meridian Sections 2 — 6 Section 7: excluding SE1/4SW1/4 Sections 8 — 14 Section 15: E1/2, E1/2NE1/4 Section 18: W1/2W1/2 Section 19: W1/2W1/2 Section 21: S1/2SE1/4 Section 22: excluding N1/2NW1/4 Sections 23 — 30 Section 31: SW1/4 Section 32: SE1/4, S1/2SW1/4 Sections 33 — 36; (152) Township 12 South, Range 16 East, Fairbanks Meridian Sections 1 — 5 Sections 9 — 16 Sections 21 — 28 Sections 34 — 36; (153) Township 13 South, Range 15 East, Fairbanks Meridian Sections 1 — 3 Section 4: N1/2SE1/4, NE1/4, N1/2NW1/4, SW1/4NW1/4, NW1/4SW1/4 Section 5: Tracts A and C Section 6: north of Alaska Highway Section 11: Tracts D and F Section 12 Section 13: Tracts B and C; (154) Township 13 South, Range 16 East, Fairbanks Meridian Section 1 Sections 6 — 7 Section 12: excluding George Lake Subdivision Sections 16 — 18 Section 19: north of left limit of Tanana River Section 20: north of left limit of Tanana River Section 21 Section 27 Section 28: north of left limit of Tanana River Section 29: north of left limit of Tanana River Section 32: north of left limit of Tanana River Section 33: north of left limit of Tanana River Sections 34 — 35; (155) Township 14 South, Range 16 East, Fairbanks Meridian Sections 1 — 3 Section 4: north of left limit of Tanana River Section 10: north of left limit of Tanana River Section 11: north of left limit of Tanana River Section 12. (e) The wildlife management objective of the Tanana Valley State Forest is the production of wildlife for a high level of sustained yield for human use through habitat improvement techniques to the extent consistent with the primary purpose of a state forest under AS 41.17.200 . Sec. 41.17.500. Southeast State Forest. (a) Subject to valid existing rights, the state-owned or acquired land and water lying within the parcels described in (d) and (e) of this section is designated as the Southeast State Forest. (b) The commissioner shall prepare a management plan for the Southeast State Forest under AS 41.17.230 . (c) The commissioner may establish transportation corridors within the Southeast State Forest. (d) The Southeast State Forest includes the state-owned or acquired land within the following described parcels: (1) Township 62 South, Range 84 East, Copper River Meridian Section 9: E1/2SE1/4, Government Lots 1 and 2 Section 10: S1/2 Section 11: N1/2, E1/2SE1/4, W1/2SW1/4, and Government Lots 1 — 4 Section 12: W1/2, W1/2E1/2 Section 13: W1/2W1/2, NE1/4NW1/4, NW1/4NE1/4 Section 14: E1/2NE1/4, E1/2SE1/4, W1/2NW1/4, and Government Lots 1 — 4 Section 15: N1/2, N1/2SE1/4, NE1/4SW1/4 Section 16: Government Lot 1, and the portion of Government Lot 2 Northerly of the East-West centerline of Section 16 Section 23: NE1/4NE1/4, and Government Lots 1 and 3 Section 24: SE1/4NW1/4, W1/2NW1/4, SW1/4NE1/4, NE1/4SW1/4, W1/2SE1/4, and Government Lots 1 and 2 Section 25: NE1/4NE1/4, and Government Lots 1 — 3; (2) Township 65 South, Range 78 East, Copper River Meridian Section 36: E1/2; (3) Township 65 South, Range 79 East, Copper River Meridian Section 31: E1/2NW1/4, and Government Lots 1 and 2; (4) Township 65 South, Range 89 East, Copper River Meridian Tract A: The portion within Protracted Sections 25 and 36, and the portion in the E1/2E1/2 of Protracted Section 26; (5) Township 65 South, Range 90 East, Copper River Meridian Tracts A — G; Tract H: The portion within Protracted Sections 13 — 15 and 24, and the portion within the N1/2NE1/4 of Protracted Section 23; Tract K within Protracted Section 30; and Tract L; (6) Township 66 South, Range 78 East, Copper River Meridian Section 1: E1/2, SW1/4 Section 12: NE1/4, N1/2NW1/4 Section 24: E1/2E1/2, and Government Lots 1 — 7 Section 25: E1/2NE1/4, NW1/4SE1/4, and Government Lots 1 — 5; (7) Township 66 South, Range 79 East, Copper River Meridian Section 6: SW1/4SE1/4, E1/2SW1/4, and Government Lots 1 and 2 Section 7: N1/2NE1/4, NE1/4NW1/4, and Government Lot 1; (8) Township 68 South, Range 76 East, Copper River Meridian Section 10: S1/2SW1/4 Section 15: NW1/4, S1/2NE1/4, N1/2S1/2 Section 31: E1/2, E1/2W1/2, and Government Lots 1 — 4 Section 32 Section 33: S1/2, NW1/4 Section 34: NW1/4SW1/4; (9) Township 68 South, Range 81 East, Copper River Meridian Section 3: NW1/4, W1/2SW1/4, and Government Lots 3 and 4 Section 4 Section 8: Government Lot 1 Section 9: E1/2, E1/2W1/2, and Government Lots 1 — 4 Section 11: N1/2; (10) Township 69 South, Range 76 East, Copper River Meridian Section 1: N1/2NW1/4, SW1/4NW1/4 Section 2: NE1/4, N1/2SE1/4, NE1/4NW1/4; (11) Township 69 South, Range 79 East, Copper River Meridian Section 23: E1/2SE1/4, NW1/4SE1/4 Section 24: W1/2SW1/4; (12) Township 69 South, Range 80 East, Copper River Meridian Section 9: SE1/4NE1/4, E1/2SE1/4, NW1/4SE1/4, and Government Lot 1 Section 10: SW1/4, S1/2NW1/4 Section 15: SE1/4 Section 21: SE1/4SE1/4 Section 22: NE1/4, W1/2SE1/4, S1/2SW1/4 Section 27: N1/2NW1/4 Section 28: NE1/4NE1/4; (13) Township 70 South, Range 77 East, Copper River Meridian Section 23: E1/2NE1/4 Section 24: N1/2, N1/2SW1/4, N1/2SE1/4; (14) Township 70 South, Range 78 East, Copper River Meridian Section 16: Government Lot 5 Section 18: W1/2, W1/2NE1/4, W1/2SE1/4 Section 19: That portion of Government Lot 1 within the NW1/4NE1/4, W1/2NW1/4, NE1/4NW1/4, W1/2SW1/4 Section 20: S1/2 Section 21: That portion of Government Lot 3 within the E1/2; SW1/4; and the parcel described as: commencing at the NW 1/16 corner of Section 21, the point of beginning; thence Northerly along the W 1/16 line to the mean high water line of Sea Otter Sound; thence Northerly and Easterly along the mean high water line of Sea Otter Sound to the intersection with the North-South centerline of Section 21; thence Southerly to the C 1/4 of Section 21; thence Westerly to the NW 1/16 corner of Section 21 and the point of beginning; (15) Township 71 South, Range 81 East, Copper River Meridian Section 13: NW1/4, NE1/4SW1/4, SE1/4, S1/2NE1/4, NW1/4NE1/4; (16) Township 71 South, Range 82 East, Copper River Meridian Section 18: S1/2SW1/4, NW1/4SW1/4 Section 19: N1/2NW1/4, SW1/4NW1/4, NW1/4SW1/4; (17) Township 71 South, Range 84 East, Copper River Meridian Section 14: W1/2 Section 15: E1/2, S1/2SW1/4, NE1/4SW1/4 Section 16: S1/2SE1/4 Section 21: N1/2NE1/4 Section 22: E1/2, NW1/4, N1/2SW1/4 Section 23: W1/2 Section 26: NW1/4 Section 27: N1/2NE1/4; (18) Township 71 South, Range 90 East, Copper River Meridian Section 16: SW1/4SW1/4, and Government Lots 1 and 2 Section 17: Government Lots 1 — 4 Section 20: Government Lot 1 Section 21: SE1/4NW1/4, and Government Lots 1 — 6; (19) Township 72 South, Range 84 East, Copper River Meridian Section 1: SE1/4, E1/2SW1/4 Section 12: E1/2, E1/2NW1/4, E1/2SW1/4 Section 13: N1/2NE1/4, NE1/4NW1/4; (20) Township 75 South, Range 89 East, Copper River Meridian Section 13: SW1/4NE1/4, W1/2SE1/4, SE1/4SE1/4, SW1/4, E1/2NW1/4, SW1/4NW1/4, and Government Lot 1 Section 14: SE1/4, Government Lot 1 Section 23: N1/2NE1/4 Section 24: N1/2N1/2; (21) Township 75 South, Range 90 East, Copper River Meridian Tract A: Within Protracted Sections 27, 28, 33, and 34, and the portion in the W1/2W1/2 of Protracted Section 35; (22) Township 76 South, Range 90 East, Copper River Meridian Tract A: Within Protracted Sections 3 — 6, 8, 9, 16, and 17; the portion in the W1/2W1/2 of Protracted Section 2; and the portion in the W1/2NW1/4 and the SW1/4 of Protracted Section 11. (e) In addition to the lands described in (d) of this section, the Southeast State Forest includes the state-owned or acquired land within the following described parcels: (1) Township 59 South, Range 80 East, Copper River Meridian Section 4: Government Lots 4 — 5, and W1/2SE1/4 lying West of and excluding ASLS 95-66 Section 9: E1/2 lying West of and excluding ASLS 95-66 Section 15: W1/2E1/2 Section 22: NE1/4 Section 23: W1/2W1/2; Section 12: N1/2; (2) Township 60 South, Range 71 East, Copper River Meridian Section 17: Government Lot 1, and NW1/4SW1/4 Section 18: Government Lots 1 and 2, and N1/2SE1/4, E1/2SW1/4 Section 19: Government Lots 1 - 10, and SE1/4SE1/4 Section 20: Government Lots 1 - 6, and SW1/4SW1/4; (3) Township 61 South, Range 81 East, Copper River Meridian Section 36: NE1/4 and NE1/4NW1/4, those portions North of the Mitkof Highway right-of-way; (4) Township 61 South, Range 82 East, Copper River Meridian Tract A: All that portion of Tract A that is Northerly, Westerly, and Northwesterly of a random line that begins at the terminus of the Mitkof Highway which projects Northeasterly at a right angle to the Mitkof Highway and ends at the mean high water line of Sumner Strait of the Mitkof Highway, within Sections 1, 12 - 14, 22, 23, and 27 Section 30: S1/2SE1/4 Section 31: Government Lots 1 — 4, NW1/4NE1/4, E1/2NW1/4, those portions Northerly of the Mitkof Highway right-of-way; (5) Township 62 South, Range 80 East, Copper River Meridian Section 12: Government Lot 1, SE1/4SE1/4, those portions Northerly of Forest Development Road 6425 Section 13: Government Lots 1 and 2, those portions Northerly of Forest Development Road 6245 Section 33, excluding USS 1719 Section 34: Government Lot 1; (6) Township 62 South, Range 81 East, Copper River Meridian Section 3: S1/2NW1/4, SW1/4 Section 4: Government Lots 1 and 2, and E1/2 Section 7: Government Lots 1 — 3 and SW1/4SE1/4, those portions Northerly of Forest Development Road 6245 Section 8: S1/2SW1/4, SE1/4, those portions Northerly of Forest Development Road 6245 Section 9: NE1/4, SE1/4NW1/4, N1/2SW1/4, those portions Northerly of Forest Development Road 6245 Section 10: NW1/4NW1/4, that portion Northwesterly of Forest Development Road 6245; (7) Township 62 South, Range 84 East, Copper River Meridian Section 27: Government Lots 1 — 4, and SW1/4SW1/4, excluding ASLS 83-8 Section 28: Tract B ASLS 94-135 Section 34: Government Lot 2, NW1/4NE1/4, SE1/4NE1/4, and NE1/4SE1/4, excluding ASLS 83-8 Section 35: Government Lots 1 — 4, SW1/4SE1/4, and N1/2SW1/4, excluding ASLS 83-8; (8) Township 63 South, Range 80 East, Copper River Meridian Section 4: Government Lot 1; (9) Township 63 South, Range 84 East, Copper River Meridian Section 1: Government Lots 1 — 4 Section 2: Government Lot 1, W1/2NE1/4, SE1/4NE1/4, and SE1/4 Section 11: W1/2E1/2, W1/2E1/2E1/2 Section 14: W1/2E1/2, W1/2E1/2E1/2 Section 23: W1/2E1/2E1/2, W1/2SE1/4, and SW1/4 Section 26: NW1/4NE1/4, NW1/4, N1/2SW1/4, and SW1/4SW1/4 Section 27: SE1/4NE1/4, SE1/4, E1/2SW1/4, and SW1/4SW1/4 Section 33: E1/2NE1/4, SW1/4NE1/4, SE1/4, E1/2SW1/4, and SW1/4SW1/4 Section 34; (10) Township 64 South, Range 84 East, Copper River Meridian Section 4: N1/2, N1/2SW1/4 Section 5: Government Lots 1 — 5, NE1/4NE1/4, SE1/4SE1/4 Section 8: Government Lots 1, 5, and 6, NE1/4NE1/4, SW1/4NE1/4, W1/2SE1/4, excluding ASLS 83-7 Section 17: W1/2NE1/4, SE1/4SE1/4, E1/2NW1/4, W1/2SE1/4, and E1/2SW1/4, excluding ASLS 83-7; (11) Township 64 South, Range 85 East, Copper River Meridian Section 3: S1/2SE1/4 Section 8: E1/2 Section 9: S1/2 Section 10: NE1/4, S1/2 Section 15 Section 16: N1/2, SE1/4; (12) Township 66 South, Range 79 East, Copper River Meridian Section 23: E1/2SW1/4 Section 24: E1/2 Section 25: Government Lots 3 and 6, those portions lying Easterly or Northerly of ASLS 96-32, and those portions lying Easterly of ASLS 2000-23, NE1/4, and E1/2SE1/4 Section 26: E1/2NW1/4, SW1/4NW1/4, and Tract M, ASLS 81-217 Section 27: SE1/4NE1/4, and Tract K, ASLS 81-217, that portion Northerly of Forest Development Road 3060 Section 36: Government Lot 1, that portion excluding ASLS 81-217; (13) Township 68 South, Range 76 East, Copper River Meridian Section 23: Government Lots 3 and 4 and NE1/4, W1/2SE1/4 Section 24: Government Lots 2 — 4 Section 26: Government Lots 1 and 4 — 9, and that portion of Government Lot 2 excluding Block 14 ASLS 81-116, and the NW1/4NE1/4 Section 35: Government Lot 1; (14) Township 68 South, Range 81 East, Copper River Meridian Section 1: NW1/4SE1/4, S1/2SE1/4 (15) Township 68 South, Range 82 East, Copper River Meridian Section 7: Government Lots 2 and 3, E1/2NW1/4; (16) Township 69 South, Range 79 East, Copper River Meridian Section 15: Government Lots 7 — 12, N1/2NW1/4, those portions Northwesterly of Forest Development Road 1470 Section 24: Government Lots 18 and 19, those portions within the protracted E1/2SW1/4 and W1/2SE1/4; (17) Township 69 South, Range 80 East, Copper River Meridian Section 8: S1/2SE1/4 Section 9: S1/2SW1/4 Section 15: NW1/4 Section 16: Government Lot 7, that portion of Government Lot 8 North of the North 1/16 line, NE1/4NE1/4, NW1/4NW1/4 Section 17: Government Lots 1 and 2 Section 21: Government Lots 4, 5, and 7 Southerly of ASLS 85-335 Section 22: N1/2SW1/4 Section 28: Government Lots 1 and 2; (18) Township 70 South, Range 90 East, Copper River Meridian Tracts A and B within Section 13; (19) Township 70 South, Range 91 East, Copper River Meridian Government Tract A, excluding Tracts A — F of ASLS 2003-49 within Sections 17, 18, 20 — 22, and 27 — 29;

(20) Township 72 South, Range 84 East, Copper River Meridian Protracted Section 1: W1/2SW1/4 Protracted Section 2: E1/2SE1/4, that portion lying above the mean high water line of Thorne Bay Protracted Section 12: W1/2NW1/4, NW1/4SW1/4; (21) Township 73 South, Range 92 East, Copper River Meridian Section 20: SE1/4SW1/4 Section 29: Government Lots 3 and 4, that portion of Government Lot 7 lying Northeasterly of ASLS 84-39, and SW1/4NW1/4, excluding ASLS 84-39 Section 30: Government Lots 1, 2, and 4, NE1/4NW1/4, SE1/4NE1/4; (22) Township 74 South, Range 84 East, Copper River Meridian Section 17: Government Lot 12, SW1/4SE1/4, S1/2SW1/4 Section 18: Government Lots 7 and 8, W1/2SE1/4, SE1/4SE1/4, E1/2SW1/4 Section 19: Government Lots 1 and 2, NE1/4, E1/2NW1/4 Section 20: Government Lots 1 and 2, SW1/4NE1/4, NW1/4; (23) Township 74 South, Range 89 East, Copper River Meridian Section 26: Government Lots 1 — 3 Section 35: Government Lots 1 — 7, W1/2SE1/4 Section 36: Government Lot 1; (24) Township 75 South, Range 79 East, Copper River Meridian Section 27: Government Lots 1 and 2 Section 28: Government Lots 1 — 3 Section 33: Government Lot 1 Section 34: That portion within the Protracted S1/2 and S1/2NW1/4; (25) Township 75 South, Range 89 East, Copper River Meridian Section 1: Government Lots 1 — 4, SW1/4NW1/4, W1/2 SW1/4, SE1/4SW1/4 Section 2: Government Lots 1 — 4, NE1/4, NW1/4 SE1/4, E1/2 SW1/4, excluding ASLS 85-86 Section 11: Those portions Northeasterly of Forest Development Road 8110 within Government Lots 1 and 2, excluding ASLS 85-86 Section 12: Those portions Northeasterly of Forest Development Road 8110 within Government Lots 1 — 4, SW1/4NE1/4, NW1/4, and NE1/4SW1/4; (26) Township 77 South, Range 88 East, Copper River Meridian Section 12: Protracted SE1/4SW1/4, SW1/4SE1/4 Section 13: Protracted N1/2NW1/4, SW1/4NW1/4 Section 14: Government Lot 25, that portion within the Protracted N1/2SE1/4, SW1/4SE1/4, E1/2SE1/4SW1/4, and N1/2SW1/4 Section 15: Government Lot 5, that portion within the Protracted N1/2SW1/4 Section 23: Government Lot 5, that portion Southeasterly of Forest Development Road 2160; (27) Township 78 South, Range 81 East, Copper River Meridian Section 1: Those portions lying above the mean high water line of Hook Arm within the SW1/4NE1/4, S1/2NW1/4, and S1/2 Section 2: Those portions lying above the mean high water line of Hook Arm within the S1/2N1/2, and S1/2 including all islands within Section 2 Section 3: Those portions lying above the mean high water line of Foul Bay within the S1/2NE1/4, N1/2SE1/4, and SE1/4SE1/4 Section 10: That portion lying above the mean high water line of Hook Arm within the E1/2NE1/4 Section 11: Those portions lying above the mean high water line of Hook Arm within the N1/2 and N1/2SW1/4 including all islands within Section 11 Section 12: Those portions lying above the mean high water line of Hook Arm within the N1/2N1/2, and the SW1/4NW1/4. (f) Nothing in this section prevents the City and Borough of Wrangell from exercising its land selection rights under AS 29.65.040 (d) to state land within its boundaries. If new municipalities are incorporated before June 30, 2019, and lands designated in (d) and (e) of this section are within their boundaries, those lands that were classified as vacant, unappropriated, unreserved state land before establishment of the Southeast State Forest shall be used to calculate the municipal entitlement acreage under AS 29.65.030 but may not be selected. Article 7. Lumber Grading. Sec. 41.17.610. Lumber grading training program. (a) The division shall establish a lumber grading training program to train mill operators to grade lumber. (b) The training program must be offered at least once each year. (c) The division shall prescribe the (1) content of the training program; (2) qualifications for instructors; and (3) requirements for completing the training program, including requirements for issuing and renewing lumber grading certificates. Sec. 41.17.620. Lumber grading certificates. (a) The division shall issue a lumber grading certificate to an individual who successfully completes the lumber grading training program established under AS 41.17.610 . A certificate expires five years after the date of issuance. A certificate must include the date of issuance and expiration. (b) The division may issue an initial lumber grading certificate to an individual who has not completed the lumber grading training program if the individual provides proof to the division that the individual (1) holds a current certification from a lumber grading agency accredited by the American Lumber Standard Committee, Incorporated; or (2) has a bachelor's or postgraduate degree in forest products or wood science and technology, or an equivalent degree as determined by the division. (c) An individual holding a certificate, including an individual who received an initial certificate under (b) of this section, must successfully complete the lumber grading training program to renew the individual's lumber grading certificate. (d) The division may revoke a lumber grading certificate for good cause, after giving the certificate holder notice of the reason for revocation and an opportunity for hearing. A certificate holder may appeal a revocation in writing to the state forester within 10 days after revocation. Sec. 41.17.630. Use of graded and certified lumber. (a) Load-bearing dimensional lumber graded and certified in accordance with this section may be used in one-, two-, and three-family dwellings in this state. (b) Load-bearing dimensional lumber graded and certified under this section must be milled in a manner that meets or exceeds the requirements of the applicable building code adopted for one-, two-, and three-family dwellings for the location where the lumber will be used or, if a building code for that location has not been adopted, the building code most broadly used in the state, as determined by the division. (c) An individual holding a lumber grading certificate issued under AS 41.17.620 may grade load-bearing dimensional lumber that the individual mills. The individual shall provide written certification that the lumber meets the requirements of (b) of this section. The certification must be (1) on a form prescribed by the division; (2) accompanied by a copy of the individual's lumber grading certificate. (d) Load-bearing dimensional lumber graded and certified under this section may be used in a dwelling only if the individual holding the lumber grading certificate sells the lumber directly to a building contractor, the owner of the dwelling, or a person acting on behalf of the owner of the dwelling. (e) Upon receiving written certification required by (c) of this section, an inspector authorized to review plans or inspect the dwelling under applicable local building codes may authorize the use of the lumber, reject the use of the lumber, or authorize the use of the lumber subject to more restrictive construction requirements, including requirements as to size, spacing, length of spans, and design. Article 8. General Provisions. Sec. 41.17.900. Applicability of chapter; relationship to other law. (a) Unless otherwise specified, this chapter applies to forest land under state, municipal, or private ownership. (b) For federal land, the degree of resource protection may not be less than that established by this chapter for state land except that AS 41.17.119 establishes the minimum riparian standard. (c) The commissioner shall exempt by regulation from the provisions of this chapter (1) minor, small scale, or incidental commercial operations of little significance with respect to the purposes of this chapter; and (2) operations for primarily noncommercial purposes, including but not limited to the harvesting of timber for personal use. (d) Notwithstanding any other provision of this chapter, the commissioner may not employ the authority vested by this chapter so as to duplicate or preempt the statutory authority of other state agencies to adopt regulations or undertake other administrative actions governing resources, values, or activities on forest land except for regulations, if authorized by the commissioner of environmental conservation, relating to control of nonpoint source pollution. (e) [Repealed, § 18 ch 31 SLA 2005.] (f) This chapter does not diminish the rights, privileges, or immunities of Alaska Natives or Alaska Native corporations with respect to land conveyed under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), and does not alter or diminish the authority of the Department of Fish and Game under AS 16 , of the Department of Environmental Conservation under AS 46 , or of a state agency under other law. Sec. 41.17.905. Independent authority. [Repealed § 38, E.O. No. 114 (2008).] Sec. 41.17.910. Wildlife habitat on private land. (a) The Department of Fish and Game and the commissioner shall work cooperatively with private forest landowners and timber owners to protect, maintain, and enhance wildlife habitat to the maximum extent practicable, consistent with the interests of the owners in the use of their timber resources. (b) The Department of Fish and Game shall provide educational and technical assistance and extension services to owners of private forest land or timber to assist in identifying important wildlife habitat and to assist in designing voluntary management techniques that minimize adverse effects on wildlife habitat. (c) The Department of Fish and Game and the landowner shall cooperate in identifying areas of important wildlife habitat on private forest land and in developing methods for their protection. Methods of protection for wildlife habitat may include, with the agreement of the landowner, the purchase of fee title, purchase of conservation easements, and land exchanges. (d) This section does not alter or diminish the authority and responsibility of the state over wildlife on private land. Sec. 41.17.950. Definitions. In this chapter, unless the context otherwise requires, (1) “anadromous water body” means the portion of a fresh water body or estuarine area that (A) is cataloged under AS 16.05.871 as important for anadromous fish; or (B) is not cataloged under AS 16.05.871 as important for anadromous fish but has been determined by the Department of Fish and Game to contain or exhibit evidence of anadromous fish in which event the anadromous portion of the stream or waterway extends up to the first point of physical blockage; (2) “backwater slough” means a water body that (A) has sluggish flow, is warm in summer, and is typically only connected to the main stem or a side channel at one end of the water body; (B) carries river current only under high water conditions; and (C) may have only a seasonal connection to the main stem or side channel; (3) “board” means the Board of Forestry established in AS 41.17.041 ; (4) “broadcast chemicals” includes pesticides, herbicides, fungicides, fertilizers, poisons, and any other substances (A) used for silvicultural management or related purposes; (B) not native to the ecosystem in which they are being applied; and (C) having a foreseeable adverse impact on the welfare of renewable resources, as determined by the commissioner of environmental conservation; (5) “division” means the division of forestry and fire protection; (6) “forest land” means land stocked or having been stocked with forest trees of any size and not currently developed for nonforest use, regardless of whether presently available or accessible for commercial purposes, and includes any such land under state, municipal, or private ownership; (7) “forest landowner” means a person who owns forest land, but does not include the owner of mineral or subsurface rights only; (8) “glacial,” with respect to a water body, as used in the phrases “glacial high value resident fish water body” and “glacial anadromous water body,” means that, under normal conditions, a water body receives significant surface flow from a glacier; “glacial,” with respect to a water body, includes a water body that receives a mix of glacial water and water from other sources; (9) “high value resident fish” means resident fish populations that are used for recreational, personal use, commercial, or subsistence purposes; (10) “multiple use” means (A) the management of all the various resources of forest land so that they are used in the combination that will best meet the needs of the citizens of the state, making the most judicious use of the land for some or all of these resources or related values, benefits, and services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; (B) that some land will be used for less than all of the resources; and (C) harmonious and coordinated management of the various resources, each with the other, without significant impairment of the productivity of the land and water, with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output; (11) “nonglacial,” with respect to a water body, as used in the phrases “nonglacial high value resident fish water body” and “nonglacial anadromous water body,” means that, under normal conditions, a water body does not receive significant surface flow from a glacier; (12) “operations” means timber harvesting or activates associated with timber harvesting or forest development unless exempted under AS 41.17.900 (a) — (c); (13) “operator” means a person who is engaged in timber harvesting or activities associated with timber harvesting or forest development, or who contracts with others to conduct operations for that person, except a person who is engaged in an operation as an employee with wages or piecework as the sole compensation; (14) “ordinary high water mark” means the mark along the bank or shore up to which the presence and action of the tidal or nontidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics; (15) “other public land” means state land managed by state agencies other than the department, land owned by a municipality, and land owned by the University of Alaska; (16) “outer bend subject to erosion” means, in Region II, a stream bend that has a cutbank and is opposite a point bar on the inner bend; (17) “person” has the meaning given in AS 01.10.060 and also includes a joint venture; (18) “point bar” means, in Region II, a ridge or low mound of sediment, often sand or gravel, that has been deposited on the inside of a curve in a stream, where the water velocity is lower; (19) “Region I” means all land in Southeast Alaska, plus all land that is south of the crest of the Chugach Mountains and Saint Elias Mountains and east of a line running from the crest of the Chugach Mountains to O'Malley Peak, then southerly to Gull Rock, then southwesterly to the eastern junction of Skilak Lake Road and the Sterling Highway, then southwesterly to the mouth of the Fox River, then southwesterly through Kachemak Bay to Mt. Douglas, plus all land on the Alaska Peninsula between Mt. Douglas and Cape Kumliun that is east of the crest of the Aleutian Range, plus all islands in the Gulf of Alaska north of 56 degrees 23 minutes North latitude; (20) “Region II” means all land in the state south of the Nutzotin Mountains and Mentasta Mountains, south of the Alaska Range, and east of the Aleutian Range, except for the area within Region I and peninsular and island land south of Cape Kumliun; (21) “Region III” means all land in the state outside of Regions I and II; (22) “riparian area” means (A) the areas subject to riparian protection standards in AS 41.17.116 (a) and (c) on private land in Regions I and III; (B) the area 150 feet from the shore or bank of a Type II-A or II-B water body, and 100 feet from the shore or bank of a Type II-C or II-D water body in Region II; (C) the area 100 feet from the shore or bank of an anadromous or high value resident fish water body on state land managed by the department and on other public land in Regions I and III; (23) “significant impairment of the productivity of the land and water” means an activity that may foreseeably result in prolonged or substantial damage to renewable resources or prolonged or substantial reduction of the continuing capability of the land or water to produce renewable resources at their natural or historic levels; (24) “silviculture” means the art of producing and tending a forest, the application of the knowledge of silvics in the treatment of a forest, and the theory and practice of controlling and managing forest establishment, composition, and growth; (25) “state forest” means an area designated by the legislature and retained in state ownership in order to (A) provide a base for sustained yield management of renewable resources; and (B) permit a variety of beneficial uses; (26) “sustained yield” means the achievement and maintenance in perpetuity of a high level annual or regular periodic output of the various renewable resources of forest land and water without significant impairment of the productivity of the land and water, but does not require that timber be harvested in a non-declining yield basis over a rotation period; (27) “terrace” means, in Region II, a change in elevation greater than 10 feet for a Type II-A water body or greater than 20 feet for a Type II-B water body, and that has a slope greater than 30 percent; (28) “terrace top break” means, in Region II, the point at which the terrace slope changes to the lower angle slope of the adjacent upland; for purposes of measurement, the terrace top break is where the degree of slope is reduced by 20 percent or more when measured away from the stream; (29) “timber owner” means a person who owns timber on forest land or who has the rights to timber, but does not own the land itself; (30) “Type I-A water body” means, in Region I, an anadromous water body that (A) is a stream or river of any size having an average gradient of eight percent or less, with banks held in place by vegetation, channels that are not incised, and a substrate composed of rubble, gravel, sand, or silt; (B) consists of wetlands and lakes, including their outlets; and (C) is an estuarine area delimited by the presence of salt-tolerant vegetation; (31) “Type I-B water body” means, in Region I, an anadromous water body that does not meet the definition of a Type I-A water body; (32) “Type I-C water body” means, in Region I, a water body that is not anadromous, that is a tributary to a Type I-A or Type I-B water body, and that has a gradient of 12 percent or less; (33) “Type I-D water body” means, in Region I, a water body that is not anadromous, that is tributary to a Type I-A or Type I-B water body, and that has a gradient greater than 12 percent; (34) “Type II-A water body” means, in Region II, (A) a nonglacial stream greater than 50 feet wide that has anadromous or high value resident fish and that has an unconfined and dynamic channel; and (B) a water body that typically has point bars, islands, scour planes, active or recent side channels, and areas of obvious bank erosion; (35) “Type II-B water body” means, in Region II, a glacial stream that has anadromous or high value resident fish and that is not a glacial Type II-C water body; (36) “Type II-C water body” means, in Region II, a water body that has anadromous or high value resident fish that (A) is a nonglacial water body greater than three feet wide and less than or equal to 50 feet wide at ordinary high water mark that has an unconfined and dynamic channel; (B) is a nonglacial water body greater than three feet wide at ordinary high water mark that has a confined channel; (C) is a reach of the Kenai River, Kasilof River, or Lake Fork Crescent River greater than three feet wide at ordinary high water mark; or (D) is a lake or pond; (37) “Type II-D water body” means, in Region II, a nonglacial stream or a reach of the Kenai River, Kasilof River, or Lake Fork Crescent River that is less than or equal to three feet wide at ordinary high water mark that has anadromous or high value resident fish; (38) “Type III-A water body” means, in Region III, a (A) nonglacial high value resident fish water body greater than three feet in width at the ordinary high water mark; (B) nonglacial anadromous water body; or (C) backwater slough; (39) “Type III-B water body” means, in Region III, a glacial high value resident fish water body or a glacial anadromous water body; “Type III-B water body” does not include a glacial backwater slough; (40) “Type III-C water body” means, in Region III, a nonglacial high value resident fish water body that is less than or equal to three feet in width at the ordinary high water mark and that does not contain anadromous fish. Sec. 41.17.955. Short title. This chapter may be cited as the Forest Resources and Practices Act.