11 AAC 95.260 - Riparian standards

(a) Riparian standards that apply to private land are set out in AS 41.17.116.

(b) On state land managed by the department, or on other public land as defined in AS 41.17.950, a timber harvest operation within 180 feet of a non-glacial Type II-C water body where the riparian retention area under AS 41.17.118 or 41.17.119 is not forested shall be designed to retain forest cover necessary to maintain stream temperature. For a harvest on state land managed by the department, the state forester will determine, during review of the forest land use plan adopted under AS 38.05.112, what forest cover is necessary to maintain stream temperature. For a harvest on other public land, the state forester will determine, during review of the detailed plan of operations, whether the forest cover proposed for retention is sufficient to maintain stream temperature. In making a determination under this section, the state forester will give due deference to the Department of Fish and Game.

(c) A timber harvest operation on state land managed by the department must follow

(1) the riparian standard set out in AS 41.17.118(a); and

(2) applicable standards and guidelines of land use plans or forest management plans adopted under AS 38.04.065, AS 38.05.112, or AS 41.17.230.

(d) Riparian standards that apply to other public land as defined in AS 41.17.950 are set out in AS 41.17.119.

Notes

11 AAC 95.260

Eff. 6/10/93, Register 126; am 6/24/2004, Register 170; am 6/8/2007, Register 182

As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made technical changes to 11 AAC 95.260(b), to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game.

Authority:AS 41.17.010

AS 41.17.055

AS 41.17.080

AS 41.17.115

AS 41.17.116

AS 41.17.118

AS 41.17.119