The Alabama Forestry Commission’s (AFC) mission, as outlined in the Code of
Alabama, states, “The Alabama Forestry Commission is committed to protecting
and sustaining our forest resources using professionally applied stewardship
principles and education. We will ensure Alabama's forests contribute to
abundant timber and wildlife, clean air and water, and a healthy economy.”
In order to achieve our mission of protection, the Code of Alabama Section
9-3-9 states the following:
The commission shall have the power to adopt and promulgate rules and
regulations pertaining to all phases of forestry within this state, which
rules and regulations when adopted shall have the force and effect of law.
Current regulations do not adequately address issues related to timber
theft, arson related fires and equipment theft. The proposed regulations
will address these shortfalls and provide enhanced protection for
landowners, as well as those involved in the harvesting and purchasing of
forest products.
These regulations will not add additional burdens on those already
following current laws. However, it will affect those who intentionally violate the
law or impede AFC law enforcement investigations.
ALABAMA FORESTRY COMMISSION
RULE 390-X-8-.01
INSPECTION OF FORESTRY RECORDS
Explanation: This regulation is proposed to
emphasize the importance of AFC investigators being able to inspect
forestry-related records during the conduct of an investigation. It requires
AFC employees to provide reasonable notice of their intent to examine
records and provides a penalty for any person or entity refusing to allow
the inspection of forestry related records.
390-X-8-.01 INSPECTION OF FORESTRY
RECORDS
(1) It shall be unlawful for any person, firm, or corporation:
(a) To refuse to allow any
duly authorized employee of the Alabama Forestry Commission to inspect any
forestry records required by law or regulation upon demand during normal
business hours; or
(b) To refuse to produce, for inspection any license, permit or
certification required by forestry law or regulation upon demand by any duly
authorized employee of the Alabama Forestry Commission. The Forestry
Commission employee making the request to examine the records mentioned
above shall provide at least 24 hours notice by telephone or in writing to
the person, firm, or corporation in possession of the records.
(c) Any person firm or corporation violating the provisions of this
regulation shall be guilty of a misdemeanor and shall be punished as
provided by law.
(2) Forest Investigators and
other employees of the Alabama Forestry Commission designated by the State
Forester are authorized to inspect records, licenses, permits and
certifications required by law or regulation.
ALABAMA FORESTRY
COMMISSION
RULE 390-X-9-.01
TIMBER TRESPASS
Explanation:
The Commission has investigated numerous cases where
unscrupulous or careless loggers have harvested across property boundaries
without permission. Honest loggers (which are in the majority) are careful
to ensure that they know the location of property lines. Unscrupulous or
careless loggers do not use such care. Many who fall into this category are
chronic offenders. This regulation would not apply in cases where a
landowner has failed to mark his/her property lines adequately. Marking
property lines is voluntary on the part of the landowner. The intent of the
regulation is not to punish accidental cutovers of a few trees; it is to
help AFC identify and stop those who continually cut significant amounts of
timber across established property lines.
390-X-9-.01 TIMBER TRESPASS
(1) It shall be unlawful for any person, firm, or corporation:
(a) To cross a visibly marked
property boundary line during any timber harvesting operation or harvests or
attempts to harvest any timber or other forest products without the
permission of the landowner.
(b) Any person violating the provisions of this regulation shall be guilty
of a misdemeanor and shall be punished as provided by law.
(2) Definition of visibly marked property boundary line:
Any boundary line marked by a landowner, agent of the landowner or surveyor
with paint on trees, signs, or flagging placed no more than an average of
100 feet apart or a well maintained fence (fence that will hold livestock)
or other identifiable markings readily visible placed no more than 100 feet
apart that would put a prudent person on notice that it is a landline. It is
the intent of this regulation that all landowners should mark their property
lines and that the person(s) engaging in these type harvesting activities
ascertain from the landowner the whereabouts of the property boundary lines
of the property before harvesting any forest products. The burden of placing
the markings described in this regulation shall be on the property owner on
whose property the timber is being harvested. The placement of such markings
is voluntary and is not required by this regulation.
ALABAMA FORESTRY COMMISSION
RULE 390-X-10-.01
FAILURE TO REMIT PAYMENT TO OWNER AFTER PURCHASE OF FOREST PRODUCTS
Explanation:
The Forestry Commission encourages all landowners to enter into
a written contract prior to a timber harvest on their land, but many
landowners fail to do so. This regulation would not apply in situations
where a written contract exists. In cases where there is no written
contract, it would require the buyer of forest products to remit payment to
the landowner within 60 days of the buyer receiving payment for the products
harvested.
390-X-10-.01 FAILURE TO REMIT PAYMENT TO
OWNER AFTER PURCHASE OF FOREST PRODUCTS
(1) It shall be unlawful for
any person, firm, or corporation:
(a) Who
acquires, with the consent of an owner, any forest product from that owner
and who receives payment for the forest product to fail to make payment to
the owner within a total of 60 (sixty) days of such receipt.
(b) Any person, firm, or corporation violating the provisions of this
regulation shall
be guilty of a misdemeanor and shall be punished as provided by law.
(2) If the owner has not received payment within
thirty days of the conclusion of the harvesting operation, the owner shall
notify the purchaser of his demand for payment at the purchaser’s last known
address by certified mail or by personal delivery of the written notice to
the purchaser. The purchaser’s failure to make payment in full within 30
(thirty) days after the mailing or personal delivery shall be presumptive
evidence of the offender’s intent to violate this regulation.
(3) A written agreement signed by the owner providing for a means of payment
contrary to this regulation shall constitute an affirmative defense.
(4) As used in this regulation:
(a) “Forest Products”
include, but are not limited to, timber, trees, logs, lumber, or pine straw
or any other products in the forest, whether merchantable or
non-merchantable, chips and woody biomass and which are located on any land
in this State, whether publicly or privately owned.
(b) “Owner” means any person, partnership, corporation, unincorporated
association, or other legal entity having any interest in any forest
product, or the land upon which a forest product is growing, or any land
from which a forest product has been removed.
ALABAMA FORESTRY COMMISSION
RULE 390-X-11-.01
MAINTENANCE OF TIMBER HARVESTING RECORDS
Explanation:
The vast majority of buyers of forest products already keep
records which exceed the requirements of this regulation. This regulation
would not place any new record-keeping requirements on any person or firm
already maintaining adequate records. It is aimed strictly at buyers of
forest products who are not maintaining adequate records of their purchases.
Such records are critical in the conduct of timber theft investigations by
AFC law enforcement personnel. In many cases, the only way to build a timber
theft case resulting in a successful prosecution is through the paper trail
of load logs. Without adequate records, there is often no way for AFC to
take a case to a district attorney, even when it is obvious that criminal
activity has taken place.
390-X-11-.01 MAINTENANCE OF TIMBER
HARVESTING RECORDS
(1) A loader’s log must be kept on all timber harvesting sites where the
seller will be paid for the volume (i.e. tons, cords etc.) and/or type of
timber removed from the property. On these per – unit sales, upon completion
of the harvest, the purchaser must provide the timber seller a copy of the
loader’s log within 10 days. The loader’s log must be made available for
inspection on the job site by any Forest Investigator or other employee as
designated by the State Forester. On any active job site it is the
responsibility of the loader operator or supervisor of the job site to keep
this record.
(2) Each loader log must contain the following information:
(a)Loader make and model –
each loader used must be identified on the loaders log book by make and
model;
(b) Load number – each load of timber leaving a cutting site must be
assigned a load number. Load numbers for each job site must be in numerical
sequence;
(c) County – the county where the timber was severed. In the alternative,
the log may note the section, township, and range or latitude and longitude
(as verified by a GPS device) from which the timber was severed;
(d) Landowner’s name – the name of the owner of the land where the timber is
being severed. On multiple ownership land, the name of the estate,
corporation, or what the site is commonly known as, may be entered. On
industrial lands, the company tract number may be listed;
(e) Date and Time – the date and time the forest product is loaded on the
truck;
(f) Scale Ticket – A scale ticket number that corresponds to each load
number shall be recorded to verify delivery of individual loads of forest
product;
(g) Product – The forest product type must be clearly identified, for
example pine logs, pine poles, pine pulp, hardwood logs, hardwood pulp, chip
and saw, woody biomass, and miscellaneous forest products. The following
symbols may be used: PL-pine logs; PP-pine pulp; HWL- hardwood logs;
HWP-hardwood pulp; C&S-chip and saw, WB-woody biomass. Any other forest
product must be written out.
(h) Destination – The first wood-receiving facility that the forest product
is being transported to;
(i) Loader’s Name – The name of the individual loading the timber. Name must
be as shown on the loaders drivers license.;
(j) Driver’s Name – The name of the driver transporting the load. Name must
be as shown on the drivers CDL.
3. All information recorded on this log must be
printed and legible.
4. Failure to record each load of timber at the job site is a violation of
this regulation.
5. The loader log must be maintained by the purchaser for 3 years and must
be made available for inspection by any Forest Investigator or other
forestry commission employee as designated by the State Forester.
6. Any person, firm or corporation that violates any of the provisions of
this regulation shall be guilty of a misdemeanor and shall be punished as
provided by law.
ALABAMA FORESTRY COMMISSION
RULE 390-X-12-.01
PROVIDING FALSE INFORMATION
TO THE ALABAMA FORESTRY COMMISSION
Explanation: It is critical
that the Forestry Commission receive accurate information on burn permits
and records of transactions involving forest products. False information on
these documents hampers AFC investigation and often requires lengthy civil
actions to sort out the correct information. This regulation would provide
AFC with an avenue to prosecute those who intentionally provide false or
misleading information on documents which are necessary to investigate fires
and timber thefts.
RULE 390-X-12-.01 PROVIDING FALSE
INFORMATION TO THE ALABAMA FORESTRY COMMISSION
390-X-12.01 Providing False Information to the Alabama Forestry
Commission
(1) It shall be unlawful for any person, firm or corporation:
(a) To knowingly and willfully give false
information to obtain a burn permit; or
(b) To knowingly and willfully give false information to any Forest
Investigator or Forest Ranger investigating any fire or timber theft to
purposely conceal the facts or evidence of a crime; or
(c) In the course of a sale, attempted sale, delivery, removal, or other
completed or attempted transaction involving forest products, to willfully
or knowingly make a false statement or cause a false statement to be made
with regard to ownership or ownership interest of the forest products, with
regard to ownership or ownership interest or tract name of the land where
the forest products were harvested, or with regard to location of the land
and property description of the land where the forest products were
harvested;
(2) Any person, firm, or corporation attempting to obtain a burn permit
must supply the following information: His/her full legal name; the location
of the property to be burned so that the employee of the Alabama Forestry
Commission issuing the permit is able to identify the property by township,
section, and range; the owner of the property to be burned and; the material
to be burned.
(3) Any person, firm, or corporation found to be in violation of this
regulation shall be guilty of a misdemeanor and shall be punished as
provided by law.