CCLME.ORG - DIVISION 1.5. DEPARTMENT OF FORESTRY AND FIRE PROTECTION

(continued)
(d) Shelterwood. The shelterwood regeneration method reproduces a stand via a series of harvests (preparatory, seed, and removal). The preparatory step is utilized to improve the crown development, seed production capacity and wind formness of designated seed trees. The seed step is utilized to promote natural reproduction from seed. The removal step is utilized when a fully stocked stand of reproduction has become established, and this step includes the removal of the protective overstory trees.
The shelterwood regeneration method is normally utilized when some shade canopy is considered desirable for the establishment of regeneration.
(1) Shelterwood Preparatory Step. The shelterwood preparatory step shall meet the following minimum standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained.
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species shall be specified in the plan by the RPF.
(D) At least 100 square feet of basal area per acre on Site I lands, and 75 square feet of basal area per acre on Site II and III lands and 50 sq. ft. of basal area per acre on site IV and V lands shall be retained.
(E) The minimum stocking standards of 952.7(b)(1) shall be met immediately upon completion of operations. Within six months following completion of work described in the plan, a report of stocking shall be filed as stated in PRC s 4587.
(2) Shelterwood Seed Step. The shelterwood seed step is the regeneration step and shall meet the following standards:
(A) At least the following basal area of seed trees per acre which are 18 inches dbh or greater shall be retained.
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty four square feet basal area on site IV and V lands.
The seed trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.
(B) No point within the logged area shall be more than 100 feet from a seed tree.
(C) Seed tree species and site preparation measures shall be specified in the plan by the RPF.
(D) Seed trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of timber operations, seed trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR s 952.7(b)(1).
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest. These leave trees shall be representative of the best phenotypes available in the preharvest stand.
The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(3) Shelterwood Removal Step. The shelterwood removal step may be utilized when the regeneration present exceeds the minimum stocking requirements set forth in 14 CCR s 952.7(b)(1). Unless otherwise agreed to by the Director, the Shelterwood removal shall only be used once in the life of the stand. Regeneration shall not be harvested during the shelterwood removal step unless the trees are dead, dying or diseased or substantially damaged by timber operations. The minimum stocking standards of 14 CCR s 952.7(b)(1) shall be met immediately upon completion of operations.
If the extent and intensity of the ground disturbance caused by the harvest is essentially the same as would have been caused by a clearcut or will cause adverse cumulative effects on wildlife as determined by the RPF or Director the size limitations, and separation (spacing) by logical logging unit requirements, of 14 CCR s 953.1(a) are applicable unless the post-harvest stand, regardless of average diameter, meets the stocking standards of 14 CCR s 953.3(a)(1)(A) or (B).

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.

s 953.1.5. Regeneration Methods Used in Even-Aged Management and Limitations.

Note: Authority cited: Sections 4551, 4553, 4561, and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4561 and 4582(h), Public Resources Code.

s 953.2. Regeneration Methods Used in Unevenaged Management.
Unevenaged management is utilized to establish and maintain an unevenaged stand structure. Unevenaged management attributes include the establishment and/or maintenance of a multi-aged, balanced stand structure, promotion of growth on leave trees throughout a broad range of diameter classes, and encouragement of natural reproduction.
(a) Selection. Under the selection regeneration method the trees are removed individually or in small groups sized from .25 acres to 2.5 acres.
(1) Trees to be harvested or trees to be retained shall be marked by or under the supervision of the RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area.
(2) Post harvest stand stocking levels shall be stated in the THP. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. In no cases shall stocking be reduced below the following standards:
(A) Selection System.
1. On Site I lands at least 100 square feet per acre of basal area shall be retained.
2. On Site II and III lands at least 75 square feet per acre of basal area shall be retained.
3. On Site IV and V lands at least 50 square feet per acre of basal area shall be retained.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR s 953.11(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(B) Group Selection.
1. At least 80% of the stocked plots must meet the Basal Area standards of 14 CCR s 953.2(a)(2)(A).
2. Not more than 20% of the stocked plots may meet stocking standards utilizing the 300 point count standard with trees that are at least 10 (ten) years old.
3. An RPF or supervised designee may offset up to 8 plots per 40 plots where those plot centers are initially placed within small group clearings created during the current harvest. Unless substantially damaged by fire, the RPF or supervised designee shall not exclude small group clearings created by previous timber harvesting from the stocking survey.
4. Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR s 953.11(a) or (b), the residual stand shall contain sufficient trees to meet at least the basal area, size, and phenotypic quality of tree requirement specified under the seed tree method.
(3) Within any THP, small group clearings under the selection method shall be separated by a logical logging area.
(4) Following completion of timber operations (including site preparation) not more than 20 percent of the THP area harvested by this method shall be covered by small group clearings.
(5) Exceptions to stocking standards in 14 CCR s 953.2(a)(2) above may be granted only when proposed by the RPF and explained and justified in the plan, but in no case will the exceptions be less than those specified in 14 CCR s 952.7(b)(2). Exceptions may only be granted when the RPF clearly demonstrates that the existing stand will grow substantially less than both the potential site productive capacity and the proposed post harvest stand.
(b) Transition. The transition method may be used to develop an unevenaged stand from a stand that currently has an unbalanced irregular or evenaged structure. The transition method involves the removal of trees individually or in small groups from irregular or evenaged stands to create a balanced stand structure and to obtain natural reproduction.
(1) Area for determination of preharvest seed tree retention levels shall be no greater than 20 acres in size.
(2) This method is to be used to increase stocking and improve the balance of age classes so as to allow the residual stand to be managed by the selection regeneration method. This method shall not be used more than two times for a stand. The RPF shall delineate areas previously treated by the transition method on the plan map.
(3) Stands suitable for the transition method contain adequate quantity and quality of seed producing trees to provide adequate regeneration for new age classes. Stands suitable for this method shall have no more than 50 sq. ft. of basal area greater than the selection basal area standards.
(4) Trees to be harvested or trees to be retained shall be marked by or under the supervision of a RPF before felling operations. A sample area must be marked before the preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area up to a maximum of 20 acres per stand type which is representative of the range of conditions present.
(5) Immediately following the completion of timber operations, the minimum basal area standards in 14 CCR s 952.7(b)(2) shall be met.
(6) The post harvested residual stand shall contain at least 15 square feet of basal area per acre of seed trees at least 12 inches dbh or greater for timber sites I, II or III; or 12 square feet of basal area per acre of seed trees 12 inches dbh or greater for timber sites IV or V. Unless obviously stocked, these basal area requirements will be determined from sampling averaged across each harvested area required in 14 CCR s 953.2(b)(1). Unless the plan submitter demonstrates how the proposed harvest will achieve MSP pursuant to 14 CCR s 953.11(a) or (b), where present in the preharvest stand, disease free, undamaged seed trees 18 inches dbh or greater shall be retained post harvest until the stand exceeds the minimum seed tree requirements of 14 CCR s 953.1(c)(1)(A). The seed trees shall be full crown, capable of seed production and representative of the best phenotypes available in the present stand.
(7) Following completion of timber operations (including site preparation) not more than 20 percent of the Plan area harvested by this method shall be occupied by small group clearings.
(8) The Plan Submitter must provide the Director sufficient information such as growth and stand description to demonstrate that the standards of the selection regeneration method will be met by the third and subsequent entries of Plan areas harvested by the transition method.
(c) Within six months following completion of timber operations conducted pursuant to the selection and transition methods as described in the plan, a report of stocking shall be filed as stated in PRC Section 4587.
(d) In the absence of a Sustained Yield Plan, to maintain and improve tree species diversity, genetic material, and seed production, trees of each native commercial species where present at the time of harvest shall be retained after harvest. These leave trees shall be representative of the best phenotypes available in the preharvest stand. The RPF may propose and the Director may agree to a species specific plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.

s 953.2.5. Even-Aged Size Limits.

Note: Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Sections 4512, 4513, 4561, 4582(h) and 21001, Public Resources Code.

s 953.3. Intermediate Treatments.
(a) Commercial Thinning. Commercial thinning is the removal of trees in a young-growth stand to maintain or increase average stand diameter of the residual crop trees, promote timber growth, and/or improve forest health. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand.
(1) Post harvest stand stocking levels shall be stated in the THP. The level of residual stocking shall be consistent with maximum sustained production of high quality timber products. Generally stands will develop stand structures with considerably higher levels of basal area than provided in these minimum standards as stand age increases. In no case shall stocking be reduced below the following standards:
(A) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees greater than 14 inches DBH:
1. On Site I mixed conifer lands at least 125 sq.ft. per acre of basal area shall be left, and on Site I land where greater than 50% of the basal area is pine, at least 100 square feet per acre of basal area shall be left.
2. On Site II mixed conifer lands at least 100 sq.ft. per acre of basal area shall be left, and on Site II lands where greater than 50% of the basal area is pine, at least 75 square feet per acre of basal are shall be left.
3. On Site III mixed conifer lands at least 75 sq.ft. per acre of basal area shall be left, and on Site III lands where greater than 50% of the basal area is pine, at least 75 square feet per acre of basal area shall be left.
4. On Site IV and V mixed conifer lands, at least 50 sq.ft. per acre of basal area shall be left, and on Site IV and V lands where greater than 50% of the basal area is pine at least 50 square feet per acre of basal area shall be left.
(B) Where the preharvest dominant and codominant crown canopy is occupied primarily by trees less than 14 inches DBH, a minimum of 100 trees per acre over 4 inches DBH shall be retained for site I, II and III. For site IV and V 75 trees per acre over 4 inches DBH shall be retained.
(2) Exceptions to these stocking standards may be proposed by the RPF when explained and justified in the plan, but in no case will the standards be below those specified in 14 CCR 952.7(b)(2).
(3) For stands harvested in compliance with 14 CCR 953.3(a)(1)(A), the trees to be harvested or the trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. For all thinning proposals, a sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the thinning area up to a maximum of 20 acres which is representative of the range of conditions present in the area. The Director may waive the marking requirements for the remainder of the THP area when explained and justified in the THP.
(4) Within six months following completion of timber operations as described in the plan, a report of stocking shall be filed as stated in PRC Section 4587.
(b) Sanitation-Salvage. Sanitation is the removal of insect-attacked or diseased trees in order to maintain or improve the health of the stand. Salvage is the removal of only those trees which are dead, dying or deteriorating, because of damage from fire, wind, insects, disease, flood or other injurious agents. Salvage provides for the economic recovery of trees prior to a total loss of their wood product value. Sanitation and salvage may be combined into a single operation. The following requirements apply to the use of the sanitation-salvage treatment:
(1) The RPF shall estimate in the THP the expected level of stocking to be retained upon completion of operations.
(2) Immediately upon completion of operations, the area shall meet the stocking standards of 14 CCR 952.7(b) unless explained and justified in the plan. If stocking is to be met immediately following completion of operations, a report of stocking shall be filed within 6 months of completion. If this standard cannot met, the area must be planted during the first planting season following completion of operations and the minimum stocking standards of 14 CCR 952.7(b)(1) must be met within 5 years following completion of operations.
(3) Trees to be harvested or trees to be retained shall be marked by or under the supervision of an RPF prior to felling operations. When openings greater than .25 acres will be created, the boundaries of the small group(s) may be designated in lieu of marking individual trees within the small group areas. A sample area must be marked prior to a preharvest inspection for evaluation. The sample area shall include at least 10% of the area, up to a maximum of 20 acres per stand type, whichever is less, which is representative of the range of conditions present in the area. The director may waive the marking requirement for the remainder of the THP area when explained and justified in the THP.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4582(d), (h) and 4587, Public Resources Code.

s 953.4. Special Prescriptions.
The following special harvesting methods are appropriate under certain conditions:
(a) Special Treatment Area Prescriptions. Special consideration in Special Treatment Areas shall be given to selection of a regeneration method or intermediate treatment compatible with the objectives for which the special area was established. Such areas shall be identified in the plan. To assure the integrity of legally designated historical and archaeological sites and legally designated ecological reserves, and that the objectives of the special treatment areas are met, the RPF and the Director may agree, after on-the-ground inspection, if requested by either party, on specific silvicultural and logging practices to protect such areas. The Director shall notify affected agencies or groups with expertise in the resource involved in the special treatment area of any such areas located during the THP review process.
(b) Rehabilitation for Understocked Area Prescription. Rehabilitation is a procedure for restoring and enhancing the productivity of commercial timberlands which do not meet the stocking standards in 14 CCR 952.7, prior to any timber operations. On such lands an area may be harvested provided it is restocked in accordance with Subsections (1) or (2). To facilitate restocking, a regeneration plan must be included in the THP. The regeneration plan shall include site preparation, method of regeneration and other information appropriate to evaluate the plan.
(1) If the area meets the standards of 14 CCR 952.7 within five years of completion of timber operations, the area shall be considered acceptably stocked, or shall be considered acceptably stocked if it contains at least 10 planted countable trees for each tree harvested on sites I, II, and III, and 5 planted countable trees for each tree harvested on site IV and V.
(2) On understocked timber lands where no countable conifer trees are to be harvested and the broadleaf species are not designated for management, the area shall be planted to equal or exceed the stocking standards of 14 CCR 952.7(b)(1) and shall be considered acceptably stocked if within five years of completion of timber operations it contains at least an average point count of 150 of Group A species on all site classifications.
(c) Fuelbreak/Defensible Space. Where some trees and other vegetation and fuels are removed to create a shaded fuel break or defensible space in an area to reduce the potential for wildfires and the damage they might cause. Minimum stocking standards within the timber operating area shall be met immediately after harvest and shall be those found in 14 CCR 952.7. The RPF shall describe in the plan specific vegetation and fuels treatment, including timing, to reduce fuels to meet the objectives of the Community Fuelbreak area.
(d) Variable Retention. Variable retention is an approach to harvesting based on the retention of structural elements or biological legacies (trees, snags, logs, etc.) from the pre-harvest stand for integration into the post-harvest stand to achieve various ecological, social and geomorphic objectives. The major variables in the variable retention harvest system are retention types, densities, and spatial arrangement of retained structures; aggregated retention is the retention of structures or biological legacies as intact forest patches within the harvest unit; dispersed retention is the retention of structures or biological legacies in a dispersed or uniform pattern. Retained trees may be intended to become part of future stands managed by the Selection regeneration method. Retained trees are often designated as decadent tree or snag recruitment hence not ever intended for harvest. Regeneration after harvest outside of aggregated retention patches may be obtained by direct seeding, planting, sprouting, or by natural seedfall.
(1) In the plan, the RPF shall describe in sufficient detail to provide for review and evaluation: the trees and elements retained, the objectives intended to be achieved by retention, the distribution and quantity of retained trees, the intended time period of retention, and any potential future conditions or events the RPF believes would allow harvest of retained trees. The RPF may explain and justify, and the Director may approve a plan which indicates up to 50% of retained trees are intended for harvest during future Intermediate Treatments of the regenerated portion of the harvest area where such harvest(s) are consistent with stated Variable Retention objectives.
(2) The retention standards for Dispersed Retention shall be measured in average basal area per acre. Where retention is aggregated in groups (greater than or equal to one-tenth acre), percentage of harvest unit area shall be the standard. Sum of all areas within groups divided by harvest unit acres will be used to determine percentage of aggregated retention in the harvest unit. Area and trees located within any standard width WLPZ will be excluded from calculating retention.
(3) The following retention standards shall be met:
(A) Minimum dispersed Variable Retention standard is 20 percent of the Resource Conservation Standards basal area levels stated in 14 CCR s 952.7(b) (2), 10 percent of harvest area in aggregated retention or combinations thereof. Variable Retention harvests at the minimum retention level shall be limited to 30 acres.
(B) Table 1 shall be used for Determining the Maximum Size Harvest Area for Variable Retention. For areas with a combination of dispersed and aggregated retention types for determination of permissible unit size, the percentage of basal area in dispersed retention portions of the combination area may be reduced proportionately to the area in aggregated retention indicated in Table 1.
Table 1

Dispersed Retention Aggregated Maximum Size
Retention Harvest Area
>20% of 952.7(b)(2) >10% Area 30 Acres
>30% of 952.7(b)(2) >15% Area 40 Acres
>35% of 952.7(b)(2) >20% Area 60 Acres
>45% of 952.7(b)(2) >25% Area 80 Acres
>55% of 952.7(b)(2) >30% Area 120 Acres
>75% of 952.7(b)(2) >40% Area 200 Acres

(C) Aggregated retention areas that conform to the definition of Late Succession Forest Stands under 14 CCR s 895.1, with the exception of the minimum 20 acre threshold size, may be counted as contributing 1.5 times the acres they actually occupy toward providing retention.
(D) Retention trees classified as Dunning's Class 3, 4, 5, or 7 which exceed the size standards of 14 CCR s 952.7 may be counted as contributing 1.5 times their actual basal area toward providing retention.
(E) Retention standards shall be met on each 20-acre maximum area(s) within each harvest unit. Retention standards may be met by either dispersed, aggregated or a combination of the two types of retention.
(F) Unless explained and justified by the RPF in the plan, and approved by the Director, no point within the harvest area where retention standards are met by dispersed retention shall be more than 300 feet from a retention tree.
(G) With the exception of 14 CCR s 953.4(d)(3)(J) below, the average height of dispersed retention trees shall be at least (the average height of dominants and codominants of like species in the pre-harvest stand.
(H) For areas where the plan relies on natural seedfall to obtain regeneration, dispersed retention trees shall meet the standards of 14 CCR s 953.1(c)(1). Where retention is aggregated, retained aggregates shall meet the standards of Commercial Thinning required under 14 CCR s 953.3(a) including (a)(1)(A) or (a)(1)(B).
(I) Where specific WHR habitat elements are insufficient to provide functional wildlife habitat, the RPF may explain and justify and the Director may approve alternatives to the standards of subsections 14 CCR s 953.4(d)(3)(G) and (H).
(J) Decadent and Deformed Trees of Value to Wildlife, and Snags which meet the standards of 14 CCR s 952.7(b)(3)(A,B or C) and 14 CCR s 952.7(c) may be counted to meet up to 15 square feet of basal area per acre of retention in excess of the minimum variable retention standards (ref. 14 CCR s 953.4(d)(3)(A)).
(K) Trees shall be retained for at least 50 years unless a shorter period of time is described in the plan, explained and justified by the RPF, and approved by the Director.
(4) Retention standards shall be met immediately after harvest and if retention trees are to be used to meet stocking, at the time the stocking report is approved.
(5) The stocking standards of 14 CCR s 952.7(b)(1) within five years following completion of operations.
(6) Retention trees shall be protected to the extent feasible during timber operations consistent with 14 CCR ss 954.1; 954.2(e); 954.3; 955.2; 955.3 and 957.7.
(7) The plan shall indicate the estimated average pre-harvest and post-harvest basal area by species and diameter class. Diameter class designations shall be grouped in no greater than 6"classes.
(8) Where retention is aggregated in groups, the RPF shall provide in the plan a general description of group locations and/or a map showing the approximate location of the groups. This information shall be provided for each logging unit.
(9) All trees to be harvested or all retention trees shall be marked by, or under the supervision of, an RPF prior to felling operations. Where timber harvesting does not occur within retained aggregates, the boundaries of retained aggregates may be designated in lieu of marking individual trees within retained aggregates. A sample area must be marked prior to a pre-harvest inspection for evaluation. The sample area shall include at least 10% of the harvest area for each stand type represented in the range of conditions present in the area. Where necessary to evaluate the proposed retention, the Director may require additional marking before plan approval.
(10) To facilitate restocking, a regeneration plan must be included in the plan. The regeneration plan shall include site preparation, method of regeneration, and other information appropriate to evaluate the plan. Site preparation activities shall be designed to protect retention elements and maintain ground cover to the extent practicable while at the same time result in seedling establishment on the site and encourage long-term site occupancy of the regenerated trees.
(11) Another Variable Retention harvest may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report except as specified in: (i) a THP that has been approved pursuant to 14 CCR s 953.11(a), (ii) an SYP, (iii) a PTEIR or, (iv) an NTMP).
(12) Within ownership boundaries, no logical logging unit contiguous to a previously harvested Variable Retention harvest area may be harvested by a Variable Retention method unless the previously harvested Variable Retention unit has an approved report of stocking and the dominant and codominant trees, not counting retention trees, average at least five years of age or average at least five feet tall and three years of age from the time of establishment on the site either by the planting or by natural regeneration. If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent Variable Retention management may occur.
(13) A Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may not be applied to the Variable Retention harvest area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report.
(14) Within an ownership, at least 10 years must pass after a Variable Retention harvest that exceeds the size standards of 14 CCR s 953.1(a)(2) before a Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may occur in an adjacent logical harvest area.
(15) Within an ownership, the separation requirements and adjacency limitations of 14 CCR s 953.1(a)(3, 6 and 7) shall apply equally to Variable Retention harvest areas and evenaged regeneration units.
(16) Alternative Prescriptions proposed under 14 CCR s 953.6 may not reference Variable Retention as the most nearly feasible method (ref. 14 CCR s 953.6(b)(3 and 4)). Alternative Prescriptions which approach but do not fully meet the minimum standards of Variable Retention shall be considered Alternatives to a Regeneration Method Used in Evenaged Management.

Note: Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Section 4582.5, Public Resources Code.

s 953.5. Stocking Status.
Under any regeneration method where artificial regeneration is specified in the plan to restock the logged area, a preliminary report on the degree of stocking shall be submitted to the Director annually, between October 1 and December 31, beginning two years following completion of logging by the timber owner or his/her agent until the stocking standard of 14 CCR 952.7 is met or exceeded or as otherwise required. This report shall indicate the degree of stocking achieved and any additional measures that will be taken to stock the logged area.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4587 and 4588, Public Resources Code.

s 953.6. Alternative Prescriptions.
(a) An alternative prescription shall be included in a THP when, in the judgment of the RPF, an alternative regeneration method or intermediate treatment offers a more effective or more feasible way of achieving the objectives of Section 953 than any of the standard silvicultural methods provided in this Article.
(b) An alternative prescription, as defined in 14 CAC 895.1, shall normally contain at least the following information:
(1) A description of the stand before timber operations, including:
(A) The RPF's professional judgment of the species composition of the stand before harvest.
(B) The RPF's professional judgment of the current stocking on the area expressed in basal area or a combination of basal area and point count.
(C) The RPF's estimate of the basal area per acre to be removed from the stand during harvest.
(2) A description of stand management constraints such as animal, insect, disease, or other natural damage, competing vegetation, harsh site conditions, or other problems which may affect stand management.
(3) A statement of which silvicultural method in the current District rules is most nearly appropriate or feasible and an explanation of why it is not appropriate or feasible.
(4) An explanation of how the proposed alternative prescription will differ from the most nearly feasible method in terms of securing regeneration; protection of soil, water quality, wildlife habitat, and visual appearance; and in terms of fire, insect and disease protection.
(5) A description of the stand expected after completion of timber operations, including the following:
(A) The management objective under which the post-harvest stand is to be managed (even-aged, uneven-aged, or neither);
(B) The desired tree species composition of the post-harvest stand and the RPF's judgment as to the remaining stocking after harvest expressed as basal area or a combination of basal area and point count.
(6) The treatment of the stand to be used in harvesting including:
(A) The guidelines to be used in determining which trees are to be harvested or left;
(B) The type of field designation to be followed, such as marking, sample marking of at least 20 percent of the trees to be harvested or left, professional supervision of fallers or other methods; and
(C) The site preparation and regeneration method and timetable to be used for restocking.
(c) If an alternative prescription will have the practical on-the-ground effect of a clearcut, regardless of name or description, then the acreage limitations, and requirement for separation by a typical logging unit, yarding equipment limitations, exceptions, and stocking requirements for the clearcut regeneration method shall apply.
(d) All trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to harvest. A sample area must be marked prior to the preharvest inspection for evaluation. The sample area shall include at least 10% of the harvest area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the requirements for the remainder of the area when explained and justified by the RPF in the THP.
(e) The Director shall approve the alternative if in his judgment it complies with 14 CCR 898 and if, considering the entire area to which the alternative is to be applied, it would: (1) when compared with the standard most closely related method identified in subsection (b)(3) above have the effect equal to or more favorable than such standard method would achieve in the areas of values relating to soil, the quality and beneficial uses of water, wildlife and fisheries,
(2) not create a significant adverse change in range and forage, and recreation and aesthetic values; and
(3) not reduce the after harvest stocking standards or evenaged prescription limitation below the most closely associated standard, unless the RPF demonstrates that either:
(A) the harvest will result in stand conditions that will increase long term sustained yield as compared to the long term sustained yield achieved by utilizing the stocking standards of the method identified in subsection (b)(3); or
(B) the yield over 20 years of a "No Harvest" alternative would be less than the yield over 20 years of the proposed alternative.
(4) not lead to the direct or indirect conversion of the timberland to other land uses not associated with timber growing and harvesting and compatible uses unless a timberland conversion permit is approved before submission of the THP; and
(5) not result in violations of any of the other standards in the rules of the Board.

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

s 953.7. Riparian Vegetation.
All noncommercial riparian vegetation found along streams and lakes and within meadows and wet areas shall be retained and protected insofar as practical.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561 and 4562.7, Public Resources Code.

s 953.8. Exceptions.
The requirements of this Article shall not prohibit the timber operator from cutting or removing trees for purposes of:
(a) Clearing the rights-of-way, log landings, campsites, or firebreaks necessary for the conduct of timber operations.
(b) The harvesting of Christmas trees and construction of an integral part of a public fire protection agency fuelbreak is also permitted.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4584, Public Resources Code.

s 953.9. Successive Cutting.
Relogging of an area in less than the period of five years required for meeting stocking standards can be done only under either of the following conditions:
(a) sanitation-salvage cutting, or
(b) when stocking requirements have been met and a report of satisfactory stocking (ref. 14 CAC 1076) has been issued by the Director.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561 and 4587, Public Resources Code.

s 953.10. Timberland Productivity.
The goal of this section is to restore, enhance and maintain the productivity of the state's timberlands, where feasible.
(a) Where feasible, the productivity of timberlands shall be maintained on a site-specific basis by
(1) meeting the stocking standards of the selected silvicultural or regeneration method, or that level of stocking above the minimum that will achieve long term sustained yield (LTSY) that is proposed in 913.11 a or b.
(2) proposing and implementing an appropriate silvicultural system and regeneration method for the site,
(3) protecting the soil resource and its ability to grow commercial tree species and provide sustainable associated forest values.
(b) Timberland productivity is restored by mitigating the adverse effects of catastrophic events or previous land use activities in order to improve the site capacity to grow for harvest commercial tree species and provide forest values.
(c) Timberland productivity is enhanced by such means as planting, thinning, stand manipulation, stream channel improvement, or other techniques that will lead to increased tree growth and yield, accumulation of growing stock and production of associated forest values.
(d) Measures implemented to mitigate or avoid adverse environmental impacts of timber harvesting contribute to restoration and enhancement of timberland productivity. Plan submitters are encouraged, but not required, to undertake additional measures to restore and enhance timberland productivity. CDF may advise plan submitters of measures which could be undertaken at the plan submitters' option to further restore and enhance timberland productivity.
(e) This section does not impose any additional obligation on owners of timberlands where wildfires, insects, disease, wind, flood, or other blight caused by an act of nature reduces stocking levels below any applicable stocking requirements.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.

s 953.11. Maximum Sustained Production of High Quality Timber Products.
The goal of this section is the achieve Maximum Sustained Production of High Quality Timber Products (MSP). MSP is achieved by meeting the requirements of either (a) or (b) or (c) in a THP, SYP or NTMP, or as otherwise provided in Article 6.8.
(a) Where a Sustained Yield Plan (14 CCR s 1091.1) or Nonindustrial Timber Management Plan (NTMP) has not been approved for an ownership, MSP will be achieved by:
(1) Producing the yield of timber products specified by the landowner, taking into account biologic and economic factors, while accounting for limits on productivity due to constraints imposed from consideration of other forest values, including but not limited to, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment and aesthetic enjoyment.
(2) Balancing growth and harvest over time, as explained in the THP for an ownership, within an assessment area set by the timber owner or timberland owner and agreed to by the Director. For purposes of this subsection the sufficiency of information necessary to demonstrate the balance of growth and harvest over time for the assessment area shall be guided by the principles of practicality and reasonableness in light of the size of the ownership and the time since adoption of this section using the best information available. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield.
(3) Realizing growth potential as measured by adequate site occupancy by species to be managed and maintained given silvicultural methods selected by the landowner.
(4) Maintaining good stand vigor.
(5) Making provisions for adequate regeneration. At the plan submitters option, a THP may demonstrate achievement of MSP pursuant to the criteria established in (b) where an SYP has been submitted but not approved.
(b) Where a SYP or NTMP is submitted for an ownership, an approved SYP or NTMP achieves MSP by providing sustainable harvest yields established by the landowner which will support the production level of those high quality timber products the landowner selects while at the same time:
(1) meeting minimal stocking, and basal area standards for the selected silvicultural methods as provided in these rules as described;
(2) protecting the soil, air, fish and wildlife, water resources and any other public trust resources;
(3) giving consideration to recreation, range and forage, regional economic vitality, employment and aesthetic enjoyment;
(4) balancing growth and harvest over time. The projected inventory resulting from harvesting over time shall be capable of sustaining the average annual yield achieved during the last decade of the planning horizon. The average annual projected yield over any rolling 10-year period, or over appropriately longer time periods for ownerships which project harvesting at intervals less frequently than once every ten years, shall not exceed the projected long-term sustained yield. A THP which relies upon and is found to be consistent with an approved SYP shall be deemed adequate to achieve MSP.
(c) In a THP or NTMP, MSP is achieved by:
(1) for evenage management, meeting the minimum stand age standards of 14 CCR s 953.1(a)(1), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules; or
(2) for unevenaged management, complying with the seed tree retention standards pursuant to 14 CCR ss 953.1(c)(1)(A) or 953.2(b)(6), meeting minimum stocking and basal area standards for the selected silvicultural methods as contained in these rules only with group A species, and protecting the soil, air, fish and wildlife, water resources and other public trust resources through the application of these rules.
(3) for intermediate treatments and special prescriptions, complying with the stocking requirements of the individual treatment or prescription.
(4) Timberland ownerships totaling 50,000 acres or less may use subsection (c) to show MSP.
(5) Timberland ownerships of 50,000 acres or more may use subsection (c) through December 31, 1999. Thereafter they may use subsection (c) if an SYP or demonstration of achievement of MSP pursuant to 14 CCR s 953.11(a) has been filed with the department and has not been returned unfiled or approved.
(6) For scattered parcels on timberland ownerships of 50,000 acres or more, subsection (c) may be used to show MSP.

Note: Authority cited: Sections 4551 and 4554.5, Public Resources Code. Reference: Sections 4513, 4551.5, 4561 and 21080.5, Public Resources Code.

s 953.12. High Use Subdistrict.
In the "high use subdistrict," the selection regeneration method, or sanitation-salvage or commercial thinning treatments may be used. An RPF may propose a modification of the selection regeneration method or sanitation-salvage intermediate treatments when explained and justified in the plan. (See 14 CCR 953 for alternative prescriptions.) In these areas, no trees shall be cut unless first marked on both the bole and stump with either paint, tags or blazes so as to be plainly visible. Such marking shall be done by an RPF or supervised designee sufficiently in advance of cutting to allow for inspection by the Director's representatives. In these areas, the leave stand will be at least 50% of the number of trees 12 in. or larger d.b.h. standing prior to the time of harvesting. These leave trees should be in Dunning's tree classes 1, 2, or 3 (Ref. 14 CCR 952 def. Dunning's classification). The composition and distribution of the leave stand shall be maintained as nearly as practical, giving consideration to the aesthetics of the areas. Only sanitation-salvage treatment shall be allowed in the cutover areas for 10 years following the harvest.

Note: Authority cited: Sections 4551, 4561 and 4561.1, Public Resources Code. Reference: Sections 4561, 4586 and 4588, Public Resources Code.

s 953.13. Exceptions.

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Section 4584, Public Resources Code.

s 954. Purposes.
Timber operations shall be conducted to: meet the goal of maximum sustained production of high quality timber products; minimize breakage of merchantable timber; prevent unreasonable damage to residual trees, fish and wildlife habitat as identified in the THP or contained in the rules, reproduction, and riparian vegetation; to prevent degradation of the quality and beneficial uses of water; and maintain site productivity by minimizing soil loss. The following provisions shall be applied in a manner which achieves this standard.

Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: 33 U.S.C.A. Section 1288; Sections 4512, 4513, 4514.3, 4527, 4562.7 and 4582, Public Resources Code.

s 954.1. Felling Practices.
The following standards are applicable to felling practices:
(a) To the fullest extent possible and with due consideration given to topography, lean of trees, landings, utility lines, local obstructions, and safety factors, trees shall be felled to lead in a direction away from watercourses and lakes.
(b) Desirable residual trees and tree seedlings of commercial species, and those oak trees requiring protection pursuant to 14 CAC 953.10 shall not be damaged or destroyed by felling operations, except where unavoidable due to safety factors, lean of trees, location of obstructions or roads, or lack of sufficient openings to accommodate felled trees.
(c) Trees shall be felled in conformance with watercourse and lake protection measures incorporated in timber harvesting plans and consistent with Article 6 of these rules.
(d) Felling practices shall conform to requirements of 914.4, 934.4, 954.4 to protect bird nesting sites.
(e) In the Southern Forest District stumps shall be kept to a height of 30.5 cm (12 inches), and in the High Use Subdistrict stumps shall be kept to a height of 20.3 cm (8 inches), or less on the side adjacent to the highest ground level, except where safety, imbedded metal, or unmerchantable wood make this impractical.

Note: Authority cited: Sections 4551, 4551.5, 4553, 4562.5 and 4562.7, Public Resources Code. Reference: Sections 4512, 4513, 4562.5, 4562.7, 4581, 4582 and 4582.5, Public Resources Code.

s 954.2. Tractor Operations.
The following standards are applicable to tractor operations:
(a) Tractor operations shall be conducted in a manner which complies with 14 CCR 954.
(b) Tractor, or other heavy equipment which is equipped with a blade, shall not operate on skid roads or slopes that are so steep as to require the use of the blade for braking.
(c) Tractor roads shall be limited in number and width to the minimum necessary for removal of logs. When less damage to the resources specified in 14 CCR 954 will result, existing tractor roads shall be used instead of constructing new tractor roads.
(d) Heavy equipment shall not operate on unstable areas. If such areas are unavoidable, the RPF shall develop specific measures to minimize the effect of operations on slope instability. These measures shall be explained and justified in the plan and approved by the Director, and must meet the requirements of 14 CCR 954. (continued)