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(continued) (1) North Fork
Section:
From Highway 20 two miles
downstream to
the confluence of Cache
Creek and the North
Fork Cache Creek Scenic
(2) Mainstem Section:
(A) 1/4 mile downstream
of Cache Creek
Dam to the confluence with
Davis Creek Wild
(B) Davis Creek confluence
to 1
mile
downstream of Davis Creek
confluence Scenic
(C) 1 mile downstream of
Davis Creek
confluence to western
boundary of
Section 6 T12N R4W Wild
(D) Western boundary of
Section 6
to the confluence with
Bear Creek Scenic
(E) Bear Creek confluence
to Camp
Haswell
Recreational
5093.546. Classification or reclassification of rivers or segments
of rivers within the system as wild, scenic, or recreational shall be
by statute. The secretary may recommend legislation to classify or
reclassify rivers or segments of rivers within the system, and may
include specific land use restrictions relative to each particular
classification in such recommendations.
5093.547. (a) The secretary shall study and submit to the Governor
and the Legislature reports on the suitability or nonsuitability for
addition to the system of rivers or segments thereof which are
designated by the Legislature as potential additions to the system.
The secretary shall report to the Legislature his or her
recommendations and proposals with respect to the designation of a
river or segment.
(b) Each report, including maps and illustrations, shall show,
among other things, the area included within the report, the
characteristics which do or do not make the area a worthy addition to
the system, the current status of land ownership and use in the
immediate environment, and the reasonably foreseeable potential uses
of the land and water which will be enhanced, foreclosed, or
curtailed if the river or river segment were included in the system.
5093.55. Other than temporary flood storage facilities permitted
pursuant to Section 5093.57, no dam, reservoir, diversion, or other
water impoundment facility may be constructed on any river and
segment thereof designated in Section 5093.54; nor may a water
diversion facility be constructed on the river and segment unless and
until the secretary determines that the facility is needed to supply
domestic water to the residents of the county or counties through
which the river and segment flows, and unless and until the secretary
determines that the facility will not adversely affect the
free-flowing condition and natural character of the river and
segment.
5093.56. No department or agency of the state may assist or
cooperate, whether by loan, grant, license, or otherwise, with any
department or agency of the federal, state, or local government, in
the planning or construction of a dam, reservoir, diversion, or other
water impoundment facility that could have an adverse effect on the
free-flowing condition and natural character of the river and
segments thereof designated in Section 5093.54 as included in the
system.
5093.57. Nothing in this chapter shall be construed to prohibit any
measures for flood protection, structural or nonstructural,
necessary for the protection of lives and property along the Eel
River as described in subdivision (d) of Section 5093.54, except for
dams, reservoirs, or other water impoundment structures; provided,
however, that such measures for flood protection may include
facilities for temporary flood storage or flood storage basins on
tributaries of the Eel River.
5093.58. This chapter neither diminishes the power of the secretary
or any other state or local official or agency under any other
statute, nor conveys any authority, express or implied, to the
secretary or any state or local agency, commission, board, or
official to adopt or implement any interim or permanent order, rule,
regulation, guideline, or directive concerning land use regulation.
5093.60. The Resources Agency shall be responsible for coordinating
the activities of state agencies whose activities affect the rivers
in the system with those of other state, local, and federal agencies
with jurisdiction over matters which may affect the rivers.
5093.61. All departments and agencies of the state shall exercise
their powers granted under any other provision of law in a manner
that protects the free-flowing state of each component of the system
and the extraordinary values for which each component was included in
the system. All local government agencies shall exercise their
powers granted under any other provision of law in a manner
consistent with the policy and provisions of this chapter.
5093.62. Nothing in this chapter shall affect the jurisdiction or
responsibility of the state with regard to fish, wildlife, or their
habitat. Hunting and fishing may be permitted on lands and waters
administered as parts of the system under applicable state or federal
laws and regulations.
5093.63. Nothing in this chapter shall be construed to permit or
require the reservation, use, or taking of private property for
scenic, fishery, wildlife, or recreation purposes, for inclusion in
the system or for other public use, without just compensation.
5093.64. If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of the
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
5093.66. (a) The Legislature hereby finds and declares that the
enactment of this section is necessary in order to allow extraction
and refinement of strategic metals at a site on Gasquet Mountain
within the Smith River watershed.
(b) Notwithstanding subdivision (c) of Section 5093.54 or any
other provisions of this chapter, Hardscrabble Creek and all of its
tributaries, a tributary of the Smith River, are excluded from the
system.
(c) Notwithstanding subdivision (a) of Section 5093.58 or any
other provision of this chapter, Copper Creek and all of its
tributaries, a tributary to the Smith River, located in Sections 26,
27, 28, 34, and 35 of Township 18 North, Range 1 East, within the
County of Del Norte, are classified as recreational.
(d) In order to protect extraordinary scenic, recreational,
fishery, or wildlife values within one-quarter mile of the north fork
of the Smith River located in the County of Del Norte, no mining
activity shall be permitted which would result in a significant
adverse effect to these values within one-quarter mile of the north
fork of the Smith River.
(e) Nothing in this section or Section 5093.67 is intended to
modify or limit the regulatory authority of any state agency under
any other provision of law.
5093.67. In order to enhance the recreational qualities of rivers
where temporary summer recreational dams have been constructed in the
past to improve water oriented recreational opportunities for the
public, the secretary may authorize the emplacement of temporary
impoundments for recreational purposes on portions of rivers included
in the system which are classified as recreational, if the secretary
finds all of the following:
(a) There has been a history of impoundments at the location for
recreational purposes.
(b) The impoundment will not cause an adverse effect on the
fishery values of the river.
(c) The impoundment will be removed before it would interfere with
anadromous fisheries.
(d) The impoundment will improve the recreational opportunities
for the public.
(e) The impoundment will not adversely affect navigation, scenic
qualities, and public access.
5093.68. (a) Within the boundaries of special treatment areas
adjacent to wild, scenic, or recreational river segments, all of the
following provisions shall apply, in addition to any other applicable
provision under this chapter or generally, whether by statute or
regulation:
(1) A timber operator, whether licensed or not, is responsible for
the actions of his or her employees. The registered professional
forester who prepares and signs a timber harvesting plan, a timber
management plan, or a notice of timber operations is responsible for
its contents, but is not responsible for the implementation or
execution of the plan or notice unless employed for that purpose.
(2) A registered professional forester preparing a timber
harvesting plan shall certify that he or she or a qualified
representative has personally inspected the plan area on the ground.
(b) In order to temporarily suspend timber operations that are
being conducted within special treatment areas adjacent to wild,
scenic, or recreational rivers designated pursuant to Section
5093.54, while judicial remedies are pursued pursuant to this
section, an inspecting forest officer of the Department of Forestry
and Fire Protection may issue a written timber operations stop order
if, upon reasonable cause, the officer determines that a timber
operation is being conducted, or is about to be conducted, in
violation of Chapter 8 (commencing with Section 4511) of Part 2 of
Division 4, or of rules and regulations adopted pursuant to those
provisions, and that the violation or threatened violation would
result in imminent and substantial damage to soil, water, or timber
resources or to fish and wildlife habitat. A stop order shall apply
only to those acts or omissions that are the proximate cause of the
violation or that are reasonably foreseen would be the proximate
cause of a violation. The stop order shall be effective immediately
and throughout the next day.
(c) A supervising forest officer may, after an onsite
investigation, extend a stop order issued pursuant to subdivision (b)
for up to five days, excluding Saturday and Sunday, if the forest
officer finds that the original stop order was issued upon reasonable
cause. A stop order shall not be issued or extended for the same
act or omission more than one time.
(d) Each stop order shall identify the specific act or omission
that constitutes a violation or that, if foreseen, would constitute a
violation, the specific timber operation that is to be stopped, and
any corrective or mitigative actions that may be required.
(e) The Department of Forestry and Fire Protection may terminate
the stop order if the timber operator enters into a written agreement
with the department assuring that the timber operator will resume
operations in compliance with the provisions of Chapter 8 (commencing
with Section 4511) of Part 2 of Division 4, and with the rules and
regulations adopted pursuant to those provisions, and will correct
any violation. The department may require a reasonable cash deposit
or bond payable to the department as a condition of compliance with
the agreement.
(f) Notice of the issuance of a stop order or an extension of a
stop order shall be deemed to have been made to all persons working
on the timber operation when a copy of the written order is delivered
to the person in charge of operations at the time that the order is
issued or, if no persons are present at that time, by posting a copy
of the order conspicuously on the yarder or log loading equipment at
a currently active landing on the timber operations site. If no
person is present at the site when the order is issued, the issuing
forest officer shall deliver a copy of the order to the timber
operator either in person or to the operator's address of record
prior to the commencement of the next working day.
(g) As used in this section, "forest officer" means a registered
professional forester employed by the Department of Forestry and Fire
Protection in a civil service classification of forester II or
higher grade.
(h) (1) Failure of the timber operator or an employee of the
timber operator, after receiving notice pursuant to this section, to
comply with a validly issued stop order is a violation of this
section and is a misdemeanor punishable by a fine of not less than
five hundred dollars ($500), or by imprisonment for not more than one
year in the county jail, or both. The person shall also be subject
to civil damages to the state not to exceed ten thousand dollars
($10,000) for each misdemeanor violation. However, in all cases, the
timber operator, and not an employee of the operator or any other
person, shall be charged with that violation. Each day or portion
thereof that the violation continues shall constitute a new and
separate offense.
(2) In determining the penalty for a timber operator guilty of
violating a validly issued stop order, the court shall take into
consideration all relevant circumstances, including, but not limited
to, the following:
(A) The extent of harm to soil, water, or timber resources or to
fish and wildlife habitat.
(B) Corrective action, if any, taken by the defendant.
(i) Nothing in this section prevents a timber operator from
seeking an alternative writ as prescribed in Chapter 2 (commencing
with Section 1084) of Title 1 of Part 3 of the Code of Civil
Procedure, or as provided by any other provision of law.
(j) (1) If a timber operator believes that a forest officer lacked
reasonable cause to issue or extend a stop order pursuant to this
section, the timber operator may present a claim to the Victim
Compensation and Government Claims Board pursuant to Part 3
(commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code for compensation and damages resulting from the
stopping of timber operations.
(2) If the Victim Compensation and Government Claims Board finds
that the forest officer lacked reasonable cause to issue or extend
the stop order, the board shall award a sum of not less than one
hundred dollars ($100), nor more than one thousand dollars ($1,000),
per day for each day the order was in effect.
5093.69. (a) The Resources Agency shall conduct studies
specifically funded by the Legislature relative to the condition of
the system and may make recommendations to the Legislature for
protection and enhancement of the system.
(b) The director shall conduct studies specifically funded by the
Legislature and shall make recommendations relating to all of the
following:
(1) The restoration of salmon and steelhead habitat in the system,
including measures that can be taken to increase spawning
populations, and provide at least 100 miles of reopened spawning and
nursery areas each year until the year 1990.
(2) Enforcement requirements necessary to protect the system from
fish or wildlife degradation.
(3) Development of information or statistical data necessary to
provide the most beneficial management of the fisheries included
within the system.
(4) Legislative action deemed necessary to protect the fishery and
wildlife values of the system.
5093.70. (a) The Legislature hereby finds and declares all of the
following:
(1) Mill Creek and Deer Creek possess extraordinary resources in
that they support one of the few remaining viable populations of wild
spring-run chinook salmon in the Sacramento-San Joaquin River
system. One essential component of the resources provided by these
creeks is their exceptional water quality.
(2) Based on a review of comprehensive technical data, the
Legislature has determined that potential beneficial uses must be
balanced to achieve protection of the unique fishery resources and
existing water rights of Mill Creek and Deer Creek in the manner
specified in this section. In lieu of including Mill Creek and Deer
Creek in the system, the continued management of stream resources in
their existing natural condition consistent with the terms of this
section represents the best way to protect the unique fishery of Mill
Creek and Deer Creek. Maintaining the existing free flowing
conditions of Mill Creek and Deer Creek to protect their fisheries is
the highest and most beneficial use of the unappropriated waters of
Mill Creek and Deer Creek within the segments designated in
subdivisions (b) and (c), and is a reasonable use of water within the
meaning of Section 2 of Article X of the California Constitution.
(b) No new dam, reservoir, diversion, or other water impoundment
facility shall be constructed on Mill Creek from the headwaters of
East Sulphur Creek within Section 15 T30N R4E to the United States
Geological Survey gauging station in the northeast quarter of the
northwest quarter of Section 6 T25N, R1W.
(c) No new dam, reservoir, diversion, or other water impoundment
facility shall be constructed on Deer Creek from the headwaters in
Section 11 T27N R5E to the United States Geological Survey gauging
station in the northwest quarter of the northeast quarter of Section
23 T25N, R1W.
(d) Except for the maintenance of existing flood control
facilities and projects by public agencies or private landowners or
emergency flood control activities or repairs required due to acts of
God, provided that those activities or projects do not interfere
with the passage of migrating anadromous fish, no state agency shall
assist or cooperate with, whether by loan, grant, license, or
otherwise, any agency of the federal, state, or local government in
the planning or construction of any dam, reservoir, diversion, or
other water impoundment facility that could have an adverse effect on
the free-flowing conditions of Mill Creek and Deer Creek, or on
their wild runs of spring-run chinook salmon.
(e) All state agencies exercising powers under any other provision
of law with respect to the protection and restoration of fishery
resources shall continue to exercise those powers in a manner that
protects and enhances the fishery of the segments designated in
subdivisions (b) and (c). In carrying out this subdivision, any
exercise of powers shall be consistent with Section 5093.58.
(f) Nothing in this section shall prejudice, alter, affect in any
way, delay, or interfere with the implementation or construction of
any fishery restoration or improvement project that is authorized,
required, or recommended pursuant to the Central Valley Improvement
Act (Public Law 102-575) or the Upper Sacramento River Fisheries and
Riparian Habitat Management Plan developed pursuant to Chapter 885 of
the Statutes of 1986, or of any other fishery restoration or
improvement project.
(g) Nothing in this chapter shall prejudice, alter, affect in any
way, delay, or interfere with existing water rights; implementation
of those rights; historic water use practices; and replacement,
maintenance, repair, or operation of diversions and diversion
facilities; or changes in the purposes of use, places of use, points
of diversion, or ownership of existing water rights, except that no
change shall operate to increase the adverse effect, if any, of the
preexisting diversion facility or place or purpose of use upon the
free flowing and natural character of the stream.