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s 939.1. Snag Retention.
Within the logging area all snags shall be retained to provide wildlife habitat except as follows:
(a) If required by the Director during the review of a THP, snags over 20 feet in height and 16 inches dbh shall be felled in the following locations:
(1) Within 100 feet of main ridge tops that are suitable for fire suppression and delineated on a THP map.
(2) For hazard reduction within 100 feet of all public reads, permanent reads, seasonal reads, landings, and railroads.
(b) Where federal and state safety laws and regulations require the felling of snags.
(c) Within 100 feet of structures maintained for human habitation.
(d) Merchantable snags in any location as provided for in the plan, or
(e) snags whose falling is required for insect or disease control.
(f) When proposed by the RPF; where it is explained and justified that there will not be a significant impact to wildlife habitat needs or there is a threat to human health or safety, including fire where the Director determines a high hazard exists.

Note: Authority cited: Sections 4551, Public Resources Code. Reference: Sections 4513, 4551.5 and 4582.75, and 4583 Public Resources Code.






s 939.2. General Protection of Nest Sites.
The following general standards for protection of Sensitive species shall apply.
(a) A pre-harvest inspection will normally be required when it is known or suspected that the minimum buffer zone surrounding an active nest of a Sensitive species is in or extends onto an area proposed for timber operations. When the California Department of Forestry is already familiar with the site, the Director, after consultation with the Department of Fish and Game, may waive this requirement.
(b) During timber operations, nest tree(s), designated perch tree(s), screening tree(s), and replacement tree(s), shall be left standing and unharmed except as otherwise provided in these following rules.
(c) Timber operations shall be planned and operated to commence as far as possible from occupied nest trees unless explained and justified by the RPF in the THP.
(d) When an occupied nest site of a listed bird species is discovered during timber operations, the timber operator shall protect the nest tree, screening trees, perch trees, and replacement trees and shall apply the provisions of subsections (b) and (c) above and of section 919.2 (939.2, 959.2), and shall immediately notify the Department of Fish and Game and the Department of Forestry and Fire Protection. An amendment that shall be considered a minor amendment to the timber harvesting plan shall be filed reflecting such additional protection as is agreed between the operator and the Director after consultation with the Department of Fish and Game.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583 and 4604, Public Resources Code; 14 CCR 670.5; and 50 CFR 17.11.






s 939.3. Specific Requirements for Protection of Nest Sites.
The following requirements shall apply to nest sites containing active nests and not to nest sites containing only abandoned nests.
(a) Buffer zones shall be established around all nest trees containing active nests. The buffer zone shall be designed to best protect the nest site and nesting birds from the effects of timber operations. In consultation with the Department of fish and Game, and as approved by the Director, an RPF or supervised designee shall flag the location of the boundaries of the buffer zone, and the configuration of the buffer zone. Consultation with the Department of Fish and Game shall be required pursuant to 14 CCR 898. Consideration shall be given to the specific habitat requirements of the bird species involved when configuration and boundaries of the buffer zone are established.
(b) The size of the buffer zone for each species shall be as follows:
(1) For the Bald eagle and Peregrine falcon, the buffer zone shall be a minimum of ten acres in size. The Director may increase the buffer zone beyond 40 acres in size so that timber operations will not result in a "take" of either species. The Director shall develop the buffer zone in consultation with the Department of Fish and Game and the RPF.
(2) For the Golden eagle, the buffer zone shall be a minimum of eight acres in size.
(3) For the Great blue heron and Great egret, the buffer zone shall consist of the area within a 300-foot radius of a tree or trees containing a
group of five or more active nests in close proximity as determined by the Department of Fish and Game.
(4) For the Northern goshawk, the buffer zone shall be a minimum of five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 20 acres when necessary to protect nesting birds.
(5) For the Osprey, the buffer zone may be up to five acres in size. When explained and justified in writing, the Director may increase the size of the buffer zone to a maximum of 18 acres when necessary to protect nesting birds.
(c) The following year-round restrictions shall apply within the buffer zone.
(1) For the Bald eagle, no clearcutting is allowed within the buffer zone. Selection, commercial thinning, sanitation-salvage, and the shelterwood regeneration method, except for the removal step, are permitted if all trees are marked prior to preharvest inspection. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(2) For the Golden eagle, no clearcutting is allowed within the buffer zone. All nest trees containing active nests, and all designated perch trees, screening trees, and replacement trees, shall be left standing and unharmed.
(3) For the Great blue heron and Great egret, all nest trees containing active nests shall be left standing and unharmed.
(4) For the Northern goshawk, designated nest trees, screening trees, perch trees, and replacement trees shall be left standing and unharmed. Only the commercial thinning, sanitation-salvage, and selection regeneration methods are permitted in the buffer zone.
(5) For the Osprey, all designated nest trees, perch trees, screening trees, and replacement trees shall be left standing and unharmed. If the RPF believes that retention is not feasible, he may propose construction of an artificial nest structure as an alternative.
(6) For the Peregrine falcon, where timber provides part of the immediate nesting habitat, special cutting prescriptions may be required by the Director on an area up to ten acres in size immediately surrounding the nest. The cutting prescriptions shall protect the nesting habitat.
(d) Critical periods are established for each species and requirements shall apply during these critical periods as follows:
(1) For the Bald eagle, the critical period is January 15 until either August 15 or four weeks after fledging, as determined by the Director. During this critical period, no timber operations are permitted within the buffer zone. Exceptions may be approved by the Director, after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(2) For the Golden eagle, the critical period is January 15 until April 15 for active nests, and is extended from April 15 until either September 1 or until the birds have fledged from occupied nests. During this critical period, hauling on existing roads that normally receive use during the critical period is permitted. Other timber operations are not permitted within the buffer zones.
(3) For the Great blue heron and Great egret, the critical period is February 15 until July 1 for coastal counties south of and including Marin County. For all other areas, the period is from March 15-July 15. During this critical period, timber operations within the buffer zone shall be staged with a gradual approach to the nest.
(4) For the Northern goshawk, the critical period is from March 15 until August 15. During this critical period, no timber operations are permitted; however, new road construction is permitted if the Director determines that there is no feasible alternative. Exceptions may be approved by the Director after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(5) For the Osprey, the critical period is March 1 to April 15 for active nests in coastal counties including Mendocino County and those south of it. This period is extended from April 15 until August 1 for occupied nests. For all other areas, the critical period is March 15 until May 1 for active nests, and is extended from May 1 to August 15 for occupied nests. During the critical period, at nest sites where Osprey have shown historical tolerance to disturbance, timber operations are permitted using a gradual approach to the nest, except that no cutting is permitted. Where Osprey are determined by the Director to be intolerant to timber operations, no timber operations are permitted within the buffer zone unless the Director determines that there are no feasible alternatives.
(6) For the Peregrine falcon, the critical period is February 1 until April 1 for active nests, and is extended until July 15 for occupied nests. During the critical period, no timber operations are permitted within the buffer zone. However, when the Director, after consultation with the Department of Fish and Game determines that Peregrines have shown a tolerance to hauling activity in the past, hauling on existing roads that normally receive use during the critical period within the buffer zone is permitted.
(e) The following requirements shall apply to helicopter logging during the critical period.
(1) For the Bald eagle, helicopter yarding within one-quarter mile radius of the nest tree is prohibited. Helicopter yarding between one-quarter and one-half mile of the nest tree is permitted when timber operations are conducted so that helicopter yarding gradually approaches the one-quarter mile radius limit.
(2) For the Golden eagle and Northern goshawk, helicopter yarding within one-quarter mile radius of the nest is prohibited.
(3) For the Osprey, helicopter yarding within one-quarter mile radius of the nest is prohibited between April 15 and June 15.
(4) For the Peregrine falcon, helicopter yarding is prohibited within one-half mile of the nest.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.






s 939.4. Non-listed Species.
Where significant adverse impacts to non-listed species are identified, the RPF and Director shall incorporate feasible practices to reduce impacts as described in 14 CCR 898.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.






s 939.5. Alternative.
The RPF may propose alternatives to the requirements of this chapter, and the Director may approve such alternatives provided all of the following conditions are met:
(a) The RPF develops the alternative in consultation with the Department of Fish and Game.
(b) The Director consults with the Department of Fish and Game and makes findings that the alternative conforms to (c), below, prior to approving the alternative.
(c) The alternative will provide protection for nesting birds and their nesting sites equal to or greater than the protection that would be afforded by the application of the normal rules set forth in this chapter.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.






s 939.6. General Protection of Nest Sites.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583, and 4604, Public Resources Code; 14 CCR 670.5, and






s 939.7. Specific Requirements for Protection of Nest Sites.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.






s 939.8. Alternatives.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.






s 939.9. Northern Spotted Owl.
Every proposed timber harvesting plan, NTMP, conversion permit, Spotted Owl Resource Plan, or major amendment located in the range of the northern spotted owl shall follow one of the procedures required in subsections (a)-(g) below for the area within the THP boundary as shown on the THP map and also for adjacent areas as specified within this section. The submitter may choose any alternative (a)-(g) that meets the on-the-ground circumstances. The required information shall be used by the Director to evaluate whether or not the proposed activity would result in the "take" of an individual northern spotted owl.
When subparagraphs (a), (b), or (c) are used, the Director, prior to approval of a THP, shall consult with a state-employed biologist designated by the Department who is accepted by the Department of Fish and Game or the Fish and Wildlife Service as having sufficient knowledge and education to determine harm or harassment of the Northern Spotted Owl. The biologist shall make written recommendations regarding whether the retained habitat configuration and protection measures proposed in the THP will prevent a take of the owl.
The Department may designate independent biological consultants who can fulfill the requirements within subparagraph (a) of these rules. The plan submitter has the discretion whether to utilize a designated independent consultant under subparagraph (a). All other requirements under the Northern Spotted Owl rules specifying a designated biologist are to be fulfilled by a state-employed biologist. To be designated by the Department, the independent consultant must be accepted by either the Department of Fish and Game or the Fish and Wildlife Service. This acceptance requires the independent consultant to demonstrate, in the field, sufficient knowledge and education to recognize and analyze data from field conditions and present information which helps determine harm or harassment of the Northern Spotted Owl. The same educational and experience criteria utilized to designate state-employed biologists will be applied. When a designated independent consultant is used to fulfill the requirements of subparagraph (a), the independent consultant shall make written observations and recommendations regarding whether the retained habitat configuration and protection measures proposed in the THP will prevent a take of the owl.
In consultation with the state-employed designated biologist, the Director may adjust standards established by this section based on site specific circumstances in a manner which is consistent with information collected on owl behavior in California, and the prohibitions of the Endangered Species Act.
(a) If the project proponent requests preliminary review of the proposed operation or Spotted Owl Resource Plan prior to filing, a designated biologist (either state-employed or an independent consultant) shall be assigned to evaluate whether the proposed operation would result in the taking of an individual northern spotted owl. This evaluation is preliminary to and separate from the final "take" determination to be made under Section 919.10 (939.10). In making that evaluation:
(1) The designated biologist shall apply the criteria set forth in section 919.10 or 939.10;
(2) The designated biologist may request that the submitter provide additional information which the designated biologist finds necessary to evaluate if a "take" would occur, provided that the designated biologist states the type of information needed, the purpose of the information, and the level of accuracy necessary to meet the stated purpose.
(3) If the designated biologist concludes that no prohibited taking would occur, the biologist shall inform the submitter as soon as practicable and shall document the decision the information which was relied upon by the biologist in the above evaluation. Reference data shall be readily available for the Director's review upon request;
(4) If the designated biologist concludes that the proposed timber operation or Spotted Owl Resource Plan would result in a taking, he or she shall inform the submitter as soon as practicable and shall comply with section 939.10(c) within 10 working days of making this determination.
(5) Requests for pre-filing consultation shall be handled in the order in which received.
(b) The RPF shall include the following information:
(1) On a planimetric or topographic map of a minimum scale of 1:24,000, provide the following:
(A) The location and acreage of owl habitat.
This information shall be shown for the area within the boundary both as it exists before and after timber operations. The Director shall determine if timber typing maps may qualify as showing owl habitat.
(B) Identify any adjoining owl habitat by type within .7 miles of the boundary.
(C) When mapping functional owl nesting, roosting, and foraging habitat, include additional information which helps define those areas such as: location of topography features, riparian vegetation, hardwood component, water, potential nest and roost sites, and potential suitable forage areas.
(D) All known owl observations, identified by location and visual or nonvisual confirmation within 1.3 miles of the boundary. This information shall be derived from the landowner's and RPF's personal knowledge, and from existing spotted owl data bases available from the California Department of Forestry and Fire Protection.
(2) Discussion on how functional characteristics of owl habitat will be protected in terms of the criteria stated within subsections (a) and (b) of sections 919.10 or 939.10.
(3) As adjacent landowners permit and from other available information, a discussion of adjacent owl habitat up to .7 mile from the proposed boundary and its importance relative to the owl habitat within the boundary.
(4) Describe any proposals for monitoring owl or owl habitat which are necessary to insure their protection. Monitoring is not required for approval.
(5) Discussion of any known owl surveys that have been conducted within 1.3 miles of the THP boundary. Include the dates, results and methodologies used if known.
(6) A proposed route that will acquaint the designated biologist and other reviewers with the important owl habitat.
(7) Attach aerial photos of the area, if available. (Aerial photos are not required).
(c) Where certification is made by the RPF and adequate records are kept showing that owl surveys were conducted sufficient to demonstrate the absence of owls from an area, the THP will be reviewed on a high priority basis. The THP shall contain verification that:
(1) The surveys have been conducted throughout the area within .7 miles of the boundary in accordance with the USFWS approved protocol ( "Guidelines for Surveying Proposed Management Activities That May Impact Northern Spotted Owls"; U.S. Fish and Wildlife Service; March 7, 1991).
(2) The surveys were conducted during the current to immediately preceding survey period as prescribed by the previously cited USFWS approved protocol.
(3) The surveys reveal no nest sites, activity centers or owl observations in the area surveyed; and
(4) The surveys reveal no activity centers, active nest sites or repeated observations indicating the presence of mates and/or young within 1.3 miles of the boundary based on a review of the landowner's and RPF's personal knowledge and the Department's spotted owl data base.
(d) If the plan submitter proposes to proceed under an "incidental taking" permit or any other permit covering the Northern spotted owl issued by the. U.S. Fish and Wildlife Service, the submitter shall supply a copy of the permit upon the Department's request.
(e) If the submitter proposes to proceed pursuant to the outcome of a discussion with the U.S. Fish and Wildlife Service, the submitter shall submit a letter prepared by the RPF that the described or proposed management prescription is acceptable to the USFWS.
(f) If:
(1) the submitter's proposed operations were reviewed by a designated biologist under sections 919.9(a)/939.9(a); and
(2) the designated biologist recommended minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which no "take" would occur and the submitter has adopted those recommendations; and
(3) the proposed operations remain substantially the same as the operations which the designated biologist reviewed, the submitter shall provide a copy of the recommendations made by the designated biologist and the submitter shall explain how the proposed operations comply with those recommendations.
(g) Where a nest site or activity center has been located within the THP boundary or within 1.3 miles of that boundary, the RPF shall determine and document within the THP that the habitat described in (1)-(5) below will be retained after the proposed operations are completed:
(1) Within 500 feet of the active nest site or pair activity center the characteristics of functional nesting habitat must be maintained. No timber operations shall be conducted in this area during the breeding season unless reviewed by the Department of Fish and Game and approved by the Director as not constituting a take. Timber operations may be conducted in this area outside the breeding season if appropriate measures are adopted to protect nesting habitat.
(2) Within 500-1000 feet of the active nest site or pair activity center, retain sufficient functional characteristics to support roosting and provide protection from predation and storms.
(3) 500 acres of owl habitat must be provided within a .7 mile radius of the active nest site or pair activity center, unless an alternative is reviewed by the Department of Fish and Game and approved by the Director as not constituting a take. The 500 acres includes the habitat retained in subsections (1) and (2) above and should be as contiguous as possible. Less than 50% of the retained habitat should be under operation in any one year, unless reviewed by the Department of Fish and Game and approved by the Director as not constituting a take.
(4) 1336 total acres of owl habitat must be provided within 1.3 miles of each nest site or pair activity center, unless an alternative is reviewed by the Department of Fish and Game and approved by the Director as not constituting a take. The 1336 acres includes the habitat retained within subsections (1)-(3) above.
(5) The shape of the areas established pursuant to subsections (1) and (2) shall be adjusted to conform to natural landscape attributes such as draws and streamcourses while retaining the total area required within subsections (1) and (2) above.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75 and 4583, Public Resources Code; and 50 CFR 17.11.






s 939.10. Take of Northern Spotted Owl.
The designated biologist and the Director shall apply the following criteria to the information provided by the plan submitter and obtained during the review period to make a finding as to whether the timber operations, as proposed, will "take" an individual northern spotted owl. The designated biologist shall use the best professional judgment in making that finding.
(a) The designated biologist shall determine that the proposed habitat modification would result in "harm" to an individual spotted owl if any of the following conditions exist.
(1) Feeding habits would be significantly impaired because prey base or ability to catch prey would be adversely altered; or
(2) Breeding success would be significantly impaired because of a reduction in surrounding owl habitat before the young have had an opportunity to successfully disperse from their nesting site;
(3) Nesting behavior would be significantly impaired because the nest site or adjoining area up to 500 feet from the nest site would be adversely altered; or
(4) Sheltering (which includes roosting, feeding, and nesting) would be significantly impaired because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(b) The designated biologist and the Director shall determine that an individual northern spotted owl would be "harassed" by the proposed timber operations if there is a likelihood that any of the following conditions exist:
(1) Feeding habits would be significantly disrupted because the prey base or the ability to catch prey would be impaired;
(2) Breeding success would be significantly disrupted;
(3) Nesting behavior would be significantly disrupted because activities would be conducted within 500 feet of a nest site; or
(4) Sheltering (which includes roosting, nesting, or feeding) would be significantly disrupted because the ability to escape predators, survive severe weather, or find appropriate microclimes would be adversely altered.
(C) If the designated biologist concludes that the proposed operations will result in a taking of the owl, he/she shall provide the plan submitter with the following information:
(1) The reasons for the determination, including an analysis of the factors set forth in this section;
(2) The information which was relied upon and which was instrumental in making the determination; and
(3) Recommendations for minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which "take" would not occur.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4313, 4551.5, 4582.75 and 4583, Public Resources Code; 50 CFR 17.11.






s 939.12. Sensitive Species Classification.
The Board of Forestry has the responsibility under the FPA to provide protection to all species occurring in the state's forestlands. The procedure to identify those species that warrant special protection during timber operations is described as follows:
(a) The public or public agencies may petition the Board to classify a species as a "Sensitive Species." For the Board to consider such a petition, it must contain a discussion of the following topics:
(1) Range and distributional status of the species which includes an assessment of occurrence in timberland as defined by the FPA and rules.
(2) Indices of population trends describing the abundance of the species.
(3) Biotic and abiotic factors affecting the population viability or status of the species. Specific attention should be given to factors related to forest management and harvesting. This should include threats to population and habitat viability, including direct, indirect, and cumulative effects from these and other threats.
(4) Habitat availability and trends that include, but are not limited to, an assessment of the following as appropriate:
A. Dependence on general habitat conditions altered by typical forest management activities and projected time for habitat recovery,
B. Dependence on special habitat elements adversely impacted by timber operations,
C. Habitat continuity and juxtaposition requirements as an evaluation of sensitivity to habitat fragmentation.
(5) Suggested feasible protective measures required to provide for species protection.
(6) Other information specific to the species proposed that the petitioner believes to be relevant in assisting the Board to evaluate the petition.
(7) Sources of information relied upon to complete the petition.
(8) Recommended forest practice rules to provide guidance to RPF's, LTO's, landowners and the Director on species protection.
(9) The potential economic impacts of classifying a species sensitive.
(b) The Board will consult with the U.S. Fish and Wildlife Service, the California Fish and Game Commission, the California Department of Fish and Game, and others as appropriate. After consultation, the Board shall classify a species as sensitive after a public hearing if it finds:
(1) The California population requires timberland as habitat for foraging, breeding, or shelter, and
(2) The California population is in decline or there is a threat from timber operations, and
(3) Continued timber operations under the current rules of the Board will result in a loss of the California population viability.
(c) The Board shall consult with the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and others as appropriate. After consultation and a public hearing, the Board will declassify a species as sensitive if it no longer meets the criteria for classification.
(d) The Board shall consider, and when possible adopt, regulations using the best available scientific information to establish the feasible mitigations for protection of the species at the same time such species is classified sensitive.
(e) Where rules are not adopted for the protection of the species at the time of classification, the Board shall begin development of proposed regulations for protection of the species.
Within one year of the classification of a species as sensitive, the Board shall hold a hearing on proposed regulations to establish the protection standards for that species according to the best available scientific information.

Note: Authority cited: Sections 4551, 4552, 4553 and 4582, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4582, Public Resources Code.






s 939.15. Protection of Wildlife Habitat.
All trees within meadows and wet areas may be clearcut and these areas exempted from stocking provisions in order to attain or retain these areas for wildlife and livestock. These areas shall be shown on the plan map.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4512, 4551.5, 4561 and 4561.1, Public Resources Code.






s 939.15. Mitigation of Wildlife Impacts.

Note: Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991).






s 939.16. Late Succession Forest Stands.
(a) When late succession forest stands are proposed for harvesting and such harvest will significantly reduce the amount and distribution of late succession forest stands or their functional wildlife habitat value so that it constitutes a significant adverse impact on the environment as defined in Section 895.1, the RPF shall provide habitat structure information for such stands.
A statement of objectives over time shall be included for late succession forest stands on the ownership. The THP, SYP, or NTMP shall include a discussion of how the proposed harvesting will affect the existing functional wildlife habitat for species primarily associated with late succession forest stands in the plan or the planning watershed, as appropriate, including impacts on vegetation structure, connectivity, and fragmentation. The information needed to address this subsection shall include, but is not limited to:
(1) -A map(s) showing: A) late succession forest stands within the planning watershed and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands that are on the ownership, B) those stands which are currently proposed to be harvested, and C) known stands on other ownerships.
(2) -A list of fish, wildlife and listed species known to be primarily associated with the late succession forest stands in the planning watershed(s) compiled by the RPF or supervised designee using the "California Wildlife Habitat Relationships System" (WHR), the California Natural Diversity Database, and local knowledge of the planning watershed.
(3) -Description of functional wildlife habitat elements that are important for fish, wildlife and listed species primarily associated with late succession forest stands within the planning watershed(s).
(4) -A description of the structural characteristics for each late succession forest stand and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands within the planning watershed including a discussion of important functional wildlife habitat elements identified in (3). Methods used to develop the description, which may be an ocular estimate, shall also be described.
(5) -A description of the functional wildlife habitat objectives, such as anticipated long-term landscape patterns, stand structure for late succession forest stands and any other stands that provide functional wildlife habitat for species primarily associated with late succession forest stands, and a discussion of anticipated recruitment procedures for important functional wildlife habitat elements. Coordination of functional wildlife habitat objectives on landscape features among ownerships within mixed-ownership planning watersheds is encouraged.
(6) -An analysis of the long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests.
(b) Where timber operations will result in long-term significant adverse effects on fish, wildlife, and listed species known to be primarily associated with late succession forests in a THP, SYP, NTMP or planning watershed, feasible mitigation measures to mitigate or avoid such long-term significant adverse effects shall be described and incorporated in the THP, SYP or NTMP. Where long-term significant adverse effects cannot be avoided or mitigated, the THP, SYP, or NTMP shall identify the measures that will be taken to reduce those remaining effects and provide reasons for overriding concerns pursuant to 14 CCR Section 898.1(g), including a discussion of the alternatives and mitigation considered.
(c) A THP, SYP, or NTMP submitter may request that the Director waive subsection (a) above. The Director, after conferring with review team agencies with jurisdiction, may waive subsection (a) above when substantial evidence is presented that would support a determination that post-harvest late succession forest stands or functional wildlife habitat will continually provide adequate structure and connectivity to avoid or mitigate long-term significant adverse effects on fish, wildlife, and listed plant species known to be primarily associated with late succession forest stands within the planning watersheds.

Note: Authority cited: Sections 4551, 4551.5, 4553, 4562.5, 4562.7 and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4526, 4551.5, 4562.5, 5093.50, 21001(f) and 21080.5, Public Resources Code; Section 5650(c), Fish and Game Code; 16 USC 1532; 50 CFR 17.3; 50 CFR 17.11.






s 939.17. Protection of Old Growth Forest Components.

Note: Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991).






s 939.18. Protection of Ancient Forest Components.

Note: Authority cited: Sections 4551 and 21160, Public Resources Code. Reference: Sections 4512, 4513 and 21001, Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744 (Sept. 23, 1991 Rehg. granted Oct. 23, 1991).






s 940. Violations of Rules Prior to Changes.
Amendment, modification, or repeal of rules shall not, unless otherwise provided, bar action on prior violations of rules as they stood at time of violation.

Note: Authority cited for Article 10 (Section 940): Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.






s 943. Logging Roads and Landings.
All logging roads and landings in the logging area shall be planned, located, constructed, reconstructed, used, and maintained in a manner which: is consistent with long-term enhancement and maintenance of the forest resource; best accommodates appropriate yarding systems and economic feasibility; minimizes damage to soil resources and fish and wildlife habitat; and prevents degradation of the quality and beneficial uses of water. The provisions of this article shall be applied in a manner which complies with this standard.
Factors that shall be considered when selecting feasible alternatives (see 14 CCR 897 and 898) shall include, but are not limited to, the following:
(a) Use of existing roads whenever feasible.
(b) Use of systematic road layout patterns to minimize total mileage.
(c) Planned to fit topography to minimize disturbance to the natural features of the site.
(d) Avoidance of routes near the bottoms of steep and narrow canyons, through marshes and wet meadows, or unstable areas, and near watercourses or near existing nesting sites of threatened or endangered bird species.
(e) Minimization of the number of watercourse crossings.
(f) Location of roads on natural benches, flatter slopes and areas of stable soils to minimize effects on watercourses.
(g) Use of logging systems which will reduce excavation or placement of fills on unstable areas.

Note: Authority cited: Sections 4551, 4551.5, 4553 and 4562.5, Public Resources Code. Reference: Sections 4512, 4551.5, 4562.5 and 4562.7, Public Resources Code; California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.






s 943.1. Planning for Roads and Landings.
The following standards for logging roads and landings shall be adhered to:
(a) All logging roads shall be located and classified on the THP map as permanent, seasonal, or temporary. Road failure on existing roads which will be reconstructed shall also be located on the THP map. In addition to the requirements of 14 CCR 1034(v), the probable location of those landings which require substantial excavation or which exceed one quarter acre in size, shall be shown on the THP map.
(b) New logging roads shall be planned in accordance with their classification and maintenance requirements.
(c) Logging roads and landings shall be planned and located, when feasible, to avoid unstable areas. The Director shall approve an exception if those areas are unavoidable, and site-specific measures to minimize slope instability due to construction are described and justified in the THP.
(d) Where roads and landings will be located across 100 feet or more of lineal distance on any slopes over 65% or on slopes over 50% which are within 100 feet of the boundary of a WLPZ, measures to minimize movement of soil and the discharge of concentrated surface runoff shall be incorporated in the THP. The Director may waive inclusion of such measures where the RPF can show that slope depressions, drainage ways, and other natural retention and detention features are sufficient to control overland transport of eroded material. The Director may require end-hauling of material from areas within 100 feet of the boundary of a WLPZ to a stable location if end-hauling is feasible and is necessary to protect water quality. The Director shall require maintenance provisions in the THP for drainage structures and facilities provided that such maintenance is feasible and necessary to keep roadbeds and fills stable.
(e) New logging roads shall not exceed a grade of 15% except that pitches of up to 20% shall be allowed not to exceed 500 continuous feet (152.4 m). These percentages and distances may be exceeded only where it can be explained and justified in the THP that there is no other feasible access for harvesting of timber or where in the Northern or Southern Districts use of a gradient in excess of 20% will serve to reduce soil disturbance.
(f) Roads and landings shall be planned so that an adequate number of drainage facilities and structures are installed to minimize erosions on roadbeds, landing surfaces, sidecast and fills.
(g) Unless exceptions are explained and justified in the THP, general planning requirements for roads shall include:
(1) Logging roads shall be planned to a single-lane width compatible with the largest type of equipment used in the harvesting operation with turnouts at reasonable intervals.
(2) Roads shall be planned to achieve as close a balance between cut volume and fill volume as is feasible.
(3) When roads must be planned so that they are insloped and ditched on the uphill side, drainage shall be provided by use of an adequate number of ditch drains.
(h) Road construction shall be planned to stay out of Watercourse and Lake Protection Zones. When it is a better alternative for protection of water quality or other forest resources, or when such roads are the only feasible access to timber, exceptions may be explained and justified in the THP and shall be agreed to by the Director if they meet the requirements of this subsection.
(i) All logging roads to be constructed shall be flagged or otherwise identified on the ground before submission of a THP or substantial deviation, except for temporary roads less than 600 feet in length that would meet the requirements for a minor deviation (see 14 CCR 1036, 1039, 1040) if they were submitted as such. Exceptions may be explained and justified in the THP and agreed to by the Director if flagging or other identification is unnecessary as a substantial aid to examining (1) compatibility between road location and yarding and silvicultural systems or (2) possible significant adverse effects of road location on water quality, soil productivity, wildlife habitat, or other special features of the area.
(j) If logging roads will be used from the period of October 15 to May 1, hauling shall not occur when saturated soil conditions exist on the road.

Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551 and 4551.5, Public Resources Code; 33 USC 1288(b) and 40 CFR 130.2(q); California Case Law: Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.






s 943.2. Road Construction.
Logging roads shall be constructed or reconstructed in accordance with the following requirements or as proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this article.
(a) Logging roads shall be constructed in accordance with the approved THP. If a change in designation of road classification is subsequently made, the change shall be reported in accordance with 14 CCR 1039 or 1040, as appropriate.
(b) Where a road section which is greater than 100 feet in length crosses slopes greater than 65 percent, placement of fill is prohibited and placement of sidecast shall be minimized to the degree feasible. The Director may approve an exception where site specific measures to minimize slope instability, soil erosion, and discharge of concentrated surface runoff are described and justified in the THP.
(c) On slopes greater than 50 percent, where the length of road section is greater than 100 feet, and the road is more than 15 feet wide (as measured from the base of the cut slope to the outside of the berm or shoulder of the road) and the fill is more than 4 feet in vertical height at the road shoulder for the entire 100 feet the road shall be constructed on a bench that is excavated at the proposed toe of the compacted fill and the fill shall be compacted. The Director may approve exceptions to this requirement where on a site-specific basis if the RPF has described and justified an alternative practice that will provide equal protection to water quality and prevention of soil erosion.
(d) Roads shall be constructed so no break in grade, other than that needed to drain the fill, shall occur on through fill; breaks in grade shall be above or below the through fill, as appropriate. Where conditions do not allow the grade to break as required, through fills must be adequately protected by additional drainage structures or facilities.
(e) Through fills shall be constructed in approximately one foot lifts.
(f) On slopes greater than 35 percent, the organic layer of the soil shall be substantially disturbed or removed prior to fill placement. The RPF may propose an exception in the THP and the Director may approve the exception where it is justified that the fill will be stabilized.
(g) Excess materials from road construction and reconstruction shall be deposited and stabilized in a manner or in areas where downstream beneficial uses of water will not be adversely affected.
(h) Drainage structures and facilities shall be of sufficient size, number and location to carry runoff water off of roadbeds, landings and fill slopes. Drainage structures or facilities shall be installed so as to minimize erosion, to ensure proper functioning, and to maintain or restore the natural drainage pattern. Permanent watercourse crossings and associated fills and approaches shall be constructed where feasible to prevent diversion of stream overflow down the road and to minimize fill erosion should the drainage structure become plugged.
(i) Where there is evidence that soil and other debris is likely to significantly reduce culvert capacity below design flow, oversize culverts, trash racks, or similar devices shall be installed in a manner that minimizes culvert blockage.
(j) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, and unmerchantable trees, shall not be buried in road fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of fills to restrain excavated soil from moving downslope.
(k) Logging roads shall be constructed without overhanging banks.
(l) Any tree over 12 inches (30.5 cm) D.B.H. with more than 25 percent of the root surface exposed by road construction, shall be felled concurrently with the timber operations.
(m) Sidecast or fill material extending more than 20 feet (6.1 m) in slope distance from the outside edge of the roadbed which has access to a watercourse or lake which is protected by a WLPZ shall be seeded, planted, mulched, removed, or treated as specified in the THP, to adequately reduce soil erosion.
(n) All culverts at watercourse crossings in which water is flowing at the time of installation shall be installed with their necessary protective structures concurrently with the construction and reconstruction of logging roads. Other permanent drainage structures shall be installed no later than October 15. For construction and reconstruction of roads after October 15, drainage structures shall be installed concurrently with the activity.
(o) Drainage structures and drainage facilities on logging roads shall not discharge on erodible fill or othererodible material unless suitable energy dissipators are used. Energy dissipators suitable for use with waterbreaks are described in 14 CCR 934.6(f).
(p) Where roads do not have permanent and adequate drainage, the specifications of 14 CCR 934.6 shall be followed.
(q) Drainage facilities shall be in place and functional by October 15. An exception is that waterbreaks do not need to be constructed on roads in use after October 15 provided that all such waterbreaks are installed prior to the start of rain that generates overland flow.
(r) No road construction shall occur under saturated soil conditions, except that construction may occur on isolated wet spots arising from localized ground water such as springs, provided measures are taken to prevent material from significantly damaging water quality.
(s) Completed road construction shall be drained by outsloping, waterbreaks and/or cross-draining before October 15. If road construction takes place from October 15 to May 1, roads shall be adequately drained concurrent with construction operations.
(t) Roads to be used for log hauling during the winter period shall be, where necessary, surfaced with rock in depth and quantity sufficient to maintain a stable road surface throughout the period of use. Exceptions may be proposed by the RPF, justified in the THP, and found by the Director to be in conformance with the requirements of this subsection.
(u) Slash and other debris from road construction shall not be bunched against residual trees which are required for silvicultural or wildlife purposes, nor shall it be placed in locations where it could be discharged into Class I or II watercourses.
(v) Road construction activities in the WLPZ, except for stream crossings or as specified in the THP, shall be prohibited.

Note: Authority cited: Sections 4551, 4551.5, and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5 and 4562.7, Public Resources Code; 33 USC 1288(b); Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.






s 943.3. Watercourse Crossings.
Watercourse crossing drainage structures on logging roads shall be planned, constructed, reconstructed, and maintained or removed, according to the following standards. Exceptions may be provided through application of Fish and Game Code Sections 1601 and 1603 and shall be included in the THP.
(a) The location of all new permanent watercourse crossing drainage structures and temporary crossings located within the WLPZ shall be shown on the THP map. If the structure is a culvert intended for permanent use, the minimum diameter of the culvert shall be specified in the plan. Extra culverts beyond those shown in the THP map may be installed as necessary. (continued)