Section 11.95.375. Reforestation requirement.

	(a)  The reforestation plan included in the detailed plan of operations must identify the preferred target species, regeneration technique, and site preparation method that the landowner will use to accomplish the reforestation requirements identified in this section.  
	(b)  A landowner shall reforest harvested forest land to the fullest extent practicable unless:  
		(1) the land will be converted to another use in accordance with 11 AAC 95.200;  
		(2) the stand is significantly composed of insect and disease-killed, fire killed, wind thrown, or fatally damaged trees;  
		(3) in Region I, more than 50 percent of the original basal area of living trees remain after the first entry and those trees are well distributed within the unit after harvest; or a minimum of 160 vigorous, undamaged, well-distributed saplings or merchantable trees per acre of a commercial species, or combination of commercial species, remain on the area harvested; or  
		(4) in Region II or Region III, vigorous, well-distributed residual commercial trees free from significant damage meet or exceed the following standards, or a combination of trees and seedlings approved by the division, meet the following standards:  
  Average DBH of Remaining           Minimum Stocking Standard
       Stand - Inches                   (in trees per acre)
       Greater than 9                           120
            6 - 8                               170
            1 - 5                               200
	(c)  In areas within Region II or III where the natural stocking of commercial trees is below the minimum standards in (b)(4) before harvest, the division will consider a variation from the stocking levels required in (d) of this section.  
	(d)  Reforestation must be achieved within five years after harvest in Region I and seven years after harvest in Region II and Region III as follows:  
		(1) in Region I, the number of vigorous, undamaged, and well distributed seedlings of commercial tree species must average at least 200 trees per acre and must have survived on site for a minimum of two years;  
		(2) in Region II or Region III, the number of vigorous, undamaged, and well distributed seedlings of commercial tree species must average a minimum of 450 trees per acre and must have survived on site for a minimum of two years;  
		(3) in all regions, adequate reforestation means a combination of seedlings and residual trees that will meet the standards set out in this subsection and in (b) of this section; and  
		(4) no more than 10 percent of the harvest area or contiguous areas may be below the stocking levels as set out in (1) or (2) of this subsection.  
	(e)  The division will, in its discretion, grant a reasonable extension of time to comply with the requirements of this section if planting or seeding fails or cannot be completed because of circumstances beyond the control of the forest landowner. To be eligible for a time extension the forest landowner must notify the division within 30 days of becoming aware of the circumstances requiring an extension. The written request must identify the reason for the extension and give a reasonable estimation of the time needed to achieve adequate reforestation in accordance with this section.  
	(f)  Seeds used for reforestation must be from a similar latitude, climatic area, and elevation as the harvested area, unless otherwise approved by the division.  
	(g)  To apply for an exemption from reforestation requirements under (b)(2) of this section, a landowner must request an exemption in the reforestation section of a detailed plan of operations under 11 AAC 95.220(10) or a change in operations under 11 AAC 95.230 and must demonstrate that the affected stand is significantly composed of insect and disease-killed, fire-killed, wind-thrown, or fatally damaged trees. If required by the division, the request must include a description of the sampling procedure, the sampling data, and a data summary. The data summary must show the number of commercial trees per acre that are dead or fatally damaged, and the percentage of commercial trees in the stand that are dead or fatally damaged. Sample plots must be located without bias throughout the affected stand. For stands 1,000 acres or less, the minimum sample density is 10 plots per 100 acres. For stands greater than 1,000 acres, the minimum sample density is six plots per 100 acres. Fewer plots are acceptable if the sample standard error is less than 10 percent of the mean. Either fixed diameter or variable plot sampling methods are acceptable. Sample plots must average approximately at least five sample trees of commercial value. Trees must be recorded by diameter class as either dead, damaged by insects, disease, fire, or wind, or not impacted. The division may accept other documentation or field evidence in lieu of sampling in cases where the extent of damage is obvious.  
	(h)  Following receipt of the exemption request, the division may inspect the site to confirm the information submitted before determining whether the stand is significantly composed of insect and disease-killed, fire-killed, wind-thrown, or fatally damaged trees. The division will make this determination as part of the review of the detailed plan of operations or change in operations. In areas exempted from reforestation requirements, the landowner and operator shall protect existing reproduction from logging damage where feasible.  

Authorities

41.17.010;41.17.055;41.17.060;41.17.080

Notes

Reference

11 AAC 95.200
11 AAC 95.380
11 AAC 95.385
11 AAC 95.900

Authority

AS 41.17.010 AS 41.17.055 AS 41.17.060 AS 41.17.080

History

Eff. 6/10/93, Register 126; am 9/6/96, Register 139