11 AAC 95.235. Variation procedures

(a) In accordance with AS 41.17.098 , the state forester will either process a request for a variation under AS 41.17.087 at the same time that the detailed plan of operations is reviewed, using the procedures set out in 11 AAC 95.220 and 11 AAC 95.225, or will process a request for variation as a change in operations using the procedures set out in 11 AAC 95.230.

(b) When requesting a variation under this section, an operator shall list any additional practices or measures that will be used.

(c) The state forester will, in the state forester's discretion, grant a variation if the variation is needed to conduct a scientific experiment designed to further the knowledge of appropriate forest management and that evaluates the effectiveness of various forest practices in achieving the objectives of AS 41.17. On or before February 1 of each year, the state forester will prepare and transmit to the Board of Forestry an annual report of all variations applied for under this section within the previous calendar year and the action taken on each application.

(d) In evaluating a request for a variation to harvest timber in a riparian retention area under AS 41.17.087 (a), the state forester will consider the impact of the harvest on non-merchantable trees within the riparian retention area, and will, in the state forester's discretion, condition and document the variation authorization in order to protect non-merchantable trees that are important to maintain fish habitat and water quality.

History: Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170

Authority: AS 41.17.010

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