Title 41, Public Resources

In this chapter, (1) “board” means the Alaska Natural Resource Conservation and Development Board; (2) “land user” or “user of land” means a person who (A) is a producer of renewable resources, including farming and forestry; and (B) has a current cooperative agreement with a soi…

It is the intent of AS 41.15.010 — 41.15.170 to provide protection from wildland fire and other destructive agents, commensurate with the values at risk, on forested land that is owned privately, by the state, or by a municipality.

The commissioner shall, by regulation, make provision for the protection of forested land in the state from fire and other destructive agents.

Land that is in the mental health trust is, for the purpose of wild fire suppression, land owned by the state.

(a) The commissioner may enter into necessary protection contracts. (b) The commissioner may hire emergency firefighting personnel, and shall establish classifications and rates of pay for the emergency firefighting personnel consistent with the compensation paid by other firefig…

(a) Upon approval by the commissioner or an authorized agent, an employee of the division of forestry and fire protection, or of any organization authorized to prevent, control, or suppress a fire or a destructive agent, and others assisting in the control or suppression of a fir…

(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, contr…

The period from April 1 to August 31, inclusive, of each year is designated the fire season. The commissioner may, at any time, proclaim an additional period for all or any portion of the state when weather or other conditions require action for the protection of forested land. T…

(a) The commissioner shall, by regulation, prescribe the conditions of and the manner for obtaining a permit for the setting of fires, use of burning devices, and other activities and uses of land that increase fire danger. (b) A person may not set fires, use burning devices, or …

During the fire season, a burn closure, or restriction established under AS 41.15.050, a person may not discard any lighted tobacco, cigar, cigarette, match, firecracker, or other burning material on forested land.

(a) A person may not start a fire in or near forested land without first clearing the ground immediately around it free from materials that will carry fire. (b) A person who starts a fire in or near forested land may not leave the fire before totally extinguishing the fire.

A person may not set on fire forested land or other inflammable material located or growing on land that is not owned, possessed, or controlled by the person, without the consent of the owner or lawful occupant of the land.

(a) A person who knows of a fire or sets a fire on forested land owned, possessed, or controlled by the person, shall exercise due care to prevent the uncontrolled spread of the fire. (b) A person shall make every effort possible to extinguish a fire the person knowingly sets on …

If an officer or employee of the United States or the state who is authorized to prevent, investigate, or suppress fires requests a person to assist in the prevention or suppression of a fire and informs the person of the officer or employee's official status, the person shall as…

AS 41.15.010 — 41.15.040 and 41.15.050 — 41.15.170 do not apply to the setting of backfires, burnouts, and other burning or clearing of land under the direction of an officer or employee of the United States or the state who is authorized to prevent or suppress fires.

Except as provided in AS 41.15.150, a person who (1) knowingly violates a provision of AS 41.15.040 — 41.15.130 is guilty of a class A misdemeanor punishable as provided in AS 12.55; (2) without any culpable mental state, violates a provision of AS 41.15.040 — 41.15.130 or a regu…

(a) A person commits the crime of criminal burning of forested land in the first degree if (1) the person violates AS 41.15.155; and (2) the person's actions or conduct violate a provision of AS 41.15.010 — 41.15.130 or a regulation adopted under AS 41.15.010 — 41.15.130. (b) Cri…

(a) A person commits the crime of criminal burning of forested land in the second degree if (1) the person knowingly sets a fire; (2) with criminal negligence, the person (A) permits the fire to spread beyond the person's control; or (B) fails to prevent the fire from spreading t…

In addition to the criminal punishment provided for by AS 11.46.400 — 11.46.450, AS 41.15.140, 41.15.150, and 41.15.155, the United States, the state, a municipality, or any person may recover in a civil action double the amount of damages sustained as a consequence of a violatio…

In AS 41.15.010 — 41.15.170, (1) “criminal negligence” has the meaning given in AS 11.81.900; (2) “damages” includes costs incurred in suppressing, controlling, or extinguishing a fire; (3) “destructive agent” means an insect, pathogen, or other environmental agent that causes da…

(a) When the commissioner of commerce, community, and economic development receives national forest income under 16 U.S.C. 500, the commissioner shall immediately pay to each organized borough in which national forest land is located a share of the income from that forest; an org…

The purpose of AS 41.15.200 — 41.15.230 is to provide a readily available fund for the payment of expenses incurred by the department in suppressing fires.

A fire suppression fund is established in the state treasury for the use of the department. The fund shall be used for actual expenses incurred in the suppression of fires. The fund may not be used (1) for capital expenditures; or (2) to fund nonemergency activities of emergency …

The legislature may appropriate from the following sources to the fire suppression fund: (1) money received in settlement of a claim or loss caused by damage as a consequence of a violation of AS 41.15.010 — 41.15.170; (2) money received from federal, state, or other governmental…

Upon authorization of the governor, disbursements from the fire suppression fund shall be paid by the proper state officer on presentation of vouchers signed by the governor or the governor's authorized representative.

The department shall maintain accounting records showing the income and expenses of the fire suppression fund.

(a) The purpose of AS 41.15.300 — 41.15.330 is to establish the land and water presently owned by the state and all land and water acquired in the future by the state lying within the boundaries described in AS 41.15.305(a) as the Haines State Forest Resource Management Area. The…

(a) Subject to valid existing rights, the land and water presently owned by the state and all land and water acquired in the future by the state lying within the following described parcels are designated as the Haines State Forest Resource Management Area: (1) all land encompass…

(a) The division of forestry and fire protection shall consult with the division of parks, the Department of Fish and Game, including each local fish and game advisory committee with jurisdiction in the area, and the Alaska Chilkat Bald Eagle Preserve Advisory Council to promote …

(a) The Haines State Forest Resource Management Area shall be managed under the principles of multiple use and sustained yield and under AS 41.17. (b) The Department of Fish and Game is responsible for the management of fish and game resources in the Haines State Forest Resource …

In adopting a forest management plan for the Haines State Forest Resource Management Area under AS 41.17.230, the department shall consult with the Department of Fish and Game and the governing bodies of each municipality in the general area. The Department of Fish and Game shall…

The department may enter into cooperative management agreements with a person who holds title to or has a valid entry on land within or adjoining the boundaries of the Haines State Forest Resource Management Area.

The establishment of the Haines State Forest Resource Management Area does not affect the terms and conditions of an existing permit or contract involving use of the land, water, or other resources of the Haines State Forest Resource Management Area.

To increase public awareness of the vital importance of the conservation and propagation of trees and forests to the everyday life of the citizens of Alaska, the third Monday in May of each year is designated “Arbor Day.” It shall be observed by appropriate school assemblies and …

(a) The following persons are peace officers of the state and they shall enforce the provisions of this chapter and the regulations adopted under this chapter: (1) solely for the purpose of enforcing this chapter, an employee of the department, or other person, authorized by the …

The supreme court shall establish by rule or order a schedule of bail amounts for offenses under this chapter or under regulations adopted under this chapter that allow the disposition of a citation without a court appearance. The bail amount may not exceed the maximum fine autho…

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) econo…

(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 pa…

(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 divisi…

(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. (Ala…

The term of office of a member of the board is three years. The state forester serves an indefinite term, ex officio.

(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…

(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 re…

(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 for…

(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 …