Terms Used In Alaska Statutes > Title 41 > Chapter 17 - Forest Resources and Practices

• action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• anadromous water body: means the portion of a fresh water body or estuarine area that
  (A) is cataloged under Alaska Stat. See Alaska Statutes 41.17.950
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• backwater slough: means a water body that
  (A) has sluggish flow, is warm in summer, and is typically only connected to the main stem or a side channel at one end of the water body. See Alaska Statutes 41.17.950
• ballot: means any document provided by the director on which votes may be cast for candidates, propositions, or questions. See Alaska Statutes 15.80.010
• board: means the Board of Forestry established in Alaska Stat. See Alaska Statutes 41.17.950
• broadcast chemicals: includes pesticides, herbicides, fungicides, fertilizers, poisons, and any other substances
  (A) used for silvicultural management or related purposes. See Alaska Statutes 41.17.950
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• director: means the director of elections who is the chief elections officer of the state appointed in accordance with Alaska Stat. See Alaska Statutes 15.80.010
• division: means the division of forestry and fire protection. See Alaska Statutes 41.17.950
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• forest land: means land stocked or having been stocked with forest trees of any size and not currently developed for nonforest use, regardless of whether presently available or accessible for commercial purposes, and includes any such land under state, municipal, or private ownership. See Alaska Statutes 41.17.950
• forest landowner: means a person who owns forest land, but does not include the owner of mineral or subsurface rights only. See Alaska Statutes 41.17.950
• general election: means the election held on the Tuesday after the first Monday in November of even-numbered years. See Alaska Statutes 15.80.010
• glacial anadromous water body: means that, under normal conditions, a water body receives significant surface flow from a glacier. See Alaska Statutes 41.17.950
• high value resident fish: means resident fish populations that are used for recreational, personal use, commercial, or subsistence purposes. See Alaska Statutes 41.17.950
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• judicial district: means one of the districts defined in Alaska Stat. See Alaska Statutes 15.80.010
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• multiple use: means
  (A) the management of all the various resources of forest land so that they are used in the combination that will best meet the needs of the citizens of the state, making the most judicious use of the land for some or all of these resources or related values, benefits, and services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions. See Alaska Statutes 41.17.950
• municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
• nonglacial anadromous water body: means that, under normal conditions, a water body does not receive significant surface flow from a glacier. See Alaska Statutes 41.17.950
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• operations: means timber harvesting or activates associated with timber harvesting or forest development unless exempted under Alaska Stat. See Alaska Statutes 41.17.950
• operator: means a person who is engaged in timber harvesting or activities associated with timber harvesting or forest development, or who contracts with others to conduct operations for that person, except a person who is engaged in an operation as an employee with wages or piecework as the sole compensation. See Alaska Statutes 41.17.950
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• ordinary high water mark: means the mark along the bank or shore up to which the presence and action of the tidal or nontidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics. See Alaska Statutes 41.17.950
• other public land: means state land managed by state agencies other than the department, land owned by a municipality, and land owned by the University of Alaska. See Alaska Statutes 41.17.950
• outer bend subject to erosion: means , in Region II, a stream bend that has a cutbank and is opposite a point bar on the inner bend. See Alaska Statutes 41.17.950
• person: has the meaning given in Alaska Stat. See Alaska Statutes 41.17.950
• point bar: means , in Region II, a ridge or low mound of sediment, often sand or gravel, that has been deposited on the inside of a curve in a stream, where the water velocity is lower. See Alaska Statutes 41.17.950
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• property: includes real and personal property. See Alaska Statutes 01.10.060
• Quorum: The number of legislators that must be present to do business.
• Region I: means all land in Southeast Alaska, plus all land that is south of the crest of the Chugach Mountains and Saint Elias Mountains and east of a line running from the crest of the Chugach Mountains to O'Malley Peak, then southerly to Gull Rock, then southwesterly to the eastern junction of Skilak Lake Road and the Sterling Highway, then southwesterly to the mouth of the Fox River, then southwesterly through Kachemak Bay to Mt. See Alaska Statutes 41.17.950
• Region II: means all land in the state south of the Nutzotin Mountains and Mentasta Mountains, south of the Alaska Range, and east of the Aleutian Range, except for the area within Region I and peninsular and island land south of Cape Kumliun. See Alaska Statutes 41.17.950
• Region III: means all land in the state outside of Regions I and II. See Alaska Statutes 41.17.950
• riparian area: means
  (A) the areas subject to riparian protection standards in Alaska Stat. See Alaska Statutes 41.17.950
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• significant impairment of the productivity of the land and water: means an activity that may foreseeably result in prolonged or substantial damage to renewable resources or prolonged or substantial reduction of the continuing capability of the land or water to produce renewable resources at their natural or historic levels. See Alaska Statutes 41.17.950
• state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
• state forest: means an area designated by the legislature and retained in state ownership in order to
  (A) provide a base for sustained yield management of renewable resources. See Alaska Statutes 41.17.950
• Subpoena: A command to a witness to appear and give testimony.
• sustained yield: means the achievement and maintenance in perpetuity of a high level annual or regular periodic output of the various renewable resources of forest land and water without significant impairment of the productivity of the land and water, but does not require that timber be harvested in a non-declining yield basis over a rotation period. See Alaska Statutes 41.17.950
• terrace: means , in Region II, a change in elevation greater than 10 feet for a Type II-A water body or greater than 20 feet for a Type II-B water body, and that has a slope greater than 30 percent. See Alaska Statutes 41.17.950
• terrace top break: means , in Region II, the point at which the terrace slope changes to the lower angle slope of the adjacent upland. See Alaska Statutes 41.17.950
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• timber owner: means a person who owns timber on forest land or who has the rights to timber, but does not own the land itself. See Alaska Statutes 41.17.950
• Type I-A water body: means , in Region I, an anadromous water body that
  (A) is a stream or river of any size having an average gradient of eight percent or less, with banks held in place by vegetation, channels that are not incised, and a substrate composed of rubble, gravel, sand, or silt. See Alaska Statutes 41.17.950
• Type I-B water body: means , in Region I, an anadromous water body that does not meet the definition of a Type I-A water body. See Alaska Statutes 41.17.950
• Type I-C water body: means , in Region I, a water body that is not anadromous, that is a tributary to a Type I-A or Type I-B water body, and that has a gradient of 12 percent or less. See Alaska Statutes 41.17.950
• Type I-D water body: means , in Region I, a water body that is not anadromous, that is tributary to a Type I-A or Type I-B water body, and that has a gradient greater than 12 percent. See Alaska Statutes 41.17.950
• Type II-A water body: means , in Region II,
  (A) a nonglacial stream greater than 50 feet wide that has anadromous or high value resident fish and that has an unconfined and dynamic channel. See Alaska Statutes 41.17.950
• Type II-B water body: means , in Region II, a glacial stream that has anadromous or high value resident fish and that is not a glacial Type II-C water body. See Alaska Statutes 41.17.950
• Type II-C water body: means , in Region II, a water body that has anadromous or high value resident fish that
  (A) is a nonglacial water body greater than three feet wide and less than or equal to 50 feet wide at ordinary high water mark that has an unconfined and dynamic channel. See Alaska Statutes 41.17.950
• Type II-D water body: means , in Region II, a nonglacial stream or a reach of the Kenai River, Kasilof River, or Lake Fork Crescent River that is less than or equal to three feet wide at ordinary high water mark that has anadromous or high value resident fish. See Alaska Statutes 41.17.950
• Type III-A water body: means , in Region III, a
  (A) nonglacial high value resident fish water body greater than three feet in width at the ordinary high water mark. See Alaska Statutes 41.17.950
• Type III-B water body: means , in Region III, a glacial high value resident fish water body or a glacial anadromous water body. See Alaska Statutes 41.17.950
• Type III-C water body: means , in Region III, a nonglacial high value resident fish water body that is less than or equal to three feet in width at the ordinary high water mark and that does not contain anadromous fish. See Alaska Statutes 41.17.950
• writing: includes printing. See Alaska Statutes 01.10.060