NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT

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NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES The Department of Natural Resources (DNR) is proposing to add new regulations and revise others concerning the use of state lands for the commercial harvest of non-timber forest products (NTFPs). DNR proposes to adopt regulation changes in Title 11 of the Alaska Administrative Code, specifically 11 AAC 96.030 dealing with the Applications for a land use permit. The Department of Natural Resources also proposes to adopt new regulations in Title 11 of the Alaska Administrative Code, specifically 11 AAC 05.010(a) and (e) dealing with the Fees, 11 AAC 96.035 dealing with the Commercial Harvest of non-timber forest products and 11 AAC 96.250 dealing with definitions. The revised regulations include the following: • • refunds of annual use fees for land use permits requirements for applications for land use permits The new regulations include the following: • establishes an application and minimum permit fee for commercial harvest permit for nontimber forest products, • establishes permit harvest fees for the commercial harvest of non-timber forest products, • establishes a permitting process, standards and conditions for the issuance of permits for the commercial harvest of non-timber forest products, • defines terms used in the issuance and management of permits for the commercial harvest of non-timber forest products. The proposed regulation additions and changes are necessary to establish a sustainable commercial harvest program for limited amounts of non-timber forest products on state lands and to ensure that the public interest is served in the commercial harvest of these materials. You may comment on the proposed regulations, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Division of Mining, Land and Water, 550 W. 7th Avenue, Suite 1070, Anchorage, AK 99501-3579 or by e-mail to dnrmlw@dnr.state.ak.us or by fax to 907-269-8904. The comments must be received by the department no later than 5:00 p.m. on Friday, on January 4, 2008. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Joseph Joyner at 269-8511 no later than December 21, 2007, to ensure that any necessary accommodations can be provided. For more information or a copy of the proposed regulation changes, go to http://www.dnr.state.ak.us/mlw/hottopics/, or write to the Director’s Office, Division of Mining, Land and Water, Department of Natural Resources, Attention Joseph Joyner, 550 W. 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3579; or call 907-269-8511, or email at Joe.Joyner@alaska.gov . After the public comment period ends, the Department of Natural Resources will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS 1 COULD BE AFFECTED. Statutory Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850; Statutes Being Implemented, Interpreted, or Made Specific: AS 38.05.020; AS 38.05.035; AS 38.05.850; Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. Date: November 30, 2007 _____________________________________ Dick Mylius, Director, Division Mining, Land and Water 2 ADDITIONAL REGULATIONS NOTICE INFORMATION (AS 44.62.190(d)) Adopting agency: Department of Natural Resources General subject of regulation: Fees, Commercial Harvest of non-timber forest products Citation of regulation (may be grouped):_ 11 AAC 96.010-.015, .035 and .250 Reason for the proposed action: ( ) compliance with federal law ( ) compliance with new or changed state statute ( ) compliance with court order (X) development of program standards (X) other: (please list)__Change fees_______________________________________ 5. RDU/component affected: Resource Development/ Claims, Permits and Leases_________________ 6. Cost of implementation to the state agency and available funding (in thousands of dollars): Initial Year Subsequent FY _08__ Years Operating Cost $__0.0___ $0.0 Capital Cost $__0.0___ $0.0 Federal receipts General fund match General fund General fund/ program receipts General fund/ mental health Other funds (specify) $__0.0___ $__0.0___ $__0.0.___ $__0.0___ $__0.0___ $__0.0___ $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 1. 2. 3. 4. 7. The name of the contact person for the regulations: Name Joseph Joyner Title Natural Resource Manager Address DNR, DMLW, 550 W. 7th Avenue, Suite 1070 Anchorage, AK 99501-3579 Telephone _907-269-8511 E-mail address: Joe.Joyner@alaska.gov 8. The origin of the proposed action: (X)_ ( ) _ _ _ 9. Date: staff of state agency federal government general public petition for regulation change other (please list)____________________________________________________ November 30, 2007 Prepared by: ___________________________ [signature] Name (typed) Joseph Joyner Title (typed) Natural Resource Manager Telephone: 269-8511 3

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