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s 957. Hazard Reduction [Southern Forest District].
(a) This article shall provide standards for the treatment of snags and logging slash in order to reduce the fire and pest safety hazards in the logging area, to protect such area from potential insect and disease attack, and to prepare the area for natural or artificial reforestation while retaining wildlife habitat.
(b) The plan submitter may apply either the general hazard reduction rules under 14 CCR s 957.2 through 957.8 or performance based rules under 14 CCR s 957.11 through 957.12. The application of performance based rules shall be at the discretion of the plan submitter. The plan shall specify whether the performance based rules apply or whether the general rules apply. The performance based rules shall expire December 31, 2008.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 957.1. Snag Disposal and Retention.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 957.2. Treatment of Slash to Reduce Fire Hazard.
Except in the High-Use Subdistrict of the Southern Forest District, Southern Subdistrict of the Coast Forest District and Coastal Commission Special Treatment Areas of the Coast Forest District, the following standards shall apply to the treatment of slash created by timber operations within the plan area and on roads adjacent to the plan area, but excluding appurtenant roads. Lopping for fire hazard reduction is defined in 14 CCR 895.1.
(a) Slash to be treated by piling and burning shall be treated not later than April 1 of the year following its creation, or within 30 days following climatic access, or as justified in the plan.
(b) Within 100 feet of the edge of the traveled surface of public roads, and within 50 feet of the edge of the traveled surface of permanent and seasonal private roads open for public use where permission to pass is not required, slash created and trees knockeddown by road construction or timber operations shall be treated by lopping for fire hazard reduction, piling and burning, chipping, burying or removal from the zone.
(c) All woody debris created by timber operations greater than one inch but less than eight inches in diameter within 100 feet of permanently located structures maintained for human habitation shall be removed or piled and burned; all slash created between 100-200 feet of permanently located structures maintained for human habitation shall be lopped for fire hazard reduction, removed, chipped or piled and burned; lopping may be required between 200-500 feet where unusual fire risk or hazard exist as determined by the Director or the RPF.
(d) An alternative to treating slash along roads and within 200 feet of structures may be approved by the Director when the RPF explains and justifies in the plans how equal fire protection will be provided. The alternative shall include a description of the alternate treatment(s) and the portion(s) of the plan area in which they will be utilized. In proposing alternate slash treatments the RPF shall consider the estimated amount and distribution of slash to be created by the operation, type of remaining vegetation, topography, climate, and degree of public exposure fire history.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 957.3. Prescribed Broadcast Burning of Slash.
Outside the High Use Subdistrict, broadcast burning may be prescribed for slash treatment subject to the following conditions.
(a) Such burning shall be done only after the first heavy fall rains and shall be completed before April 1;
(b) It may occur within cleared firebreaks of not less than 10 feet (3.05 m) in width;
(c) Use of the broadcast burning prescription of the Stream and Lake Protection Zone for Class I, and Class II, is prohibited. Where necessary to protect downstream beneficial uses, the director may prohibit burning prescriptions in Class III watercourses;
(d) Exceptions to requirements (a), (b) and (c) above may be granted provided a project-type burning permit is obtained prior to burning and the terms of the permit are adhered to while burning.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5, 4562, and 4562.7, Public Resources Code.






s 957.4. Treatment of Logging Slash in the High Use Subdistrict.
Slash in the High Use Subdistrict shall be treated as follows:
(a) Throughout the logging area, all limbs shall be lopped from the unutilized portions of felled trees and all other trees felled or pushed over during timber operations. This lopping shall be done concurrently with the timber operations and scattered so that no limb or stem larger than 4 inches (10.2 cm) in diameter will be covered with slash and no slash shall generally be more than 24 inches (61.0 cm) above the ground.
(b) Slash shall be treated by chipping, piling and burning, burying, or removal on the following areas within all distances measured along the surface of the ground.
(1) Within a distance of 200 feet (60.96 m) of structures used for habitation;
(2) Within 200 feet (60.96 m) of the edge of any road accessible to the public;
(3) Within 100 feet (30.48 m) of trails established for and used by the public;
(4) Within a distance of 200 feet (60.96 m) of areas established for and used by the public for picnicking or camping.
(c) Slash treatment must be done concurrently with logging or road construction. On areas logged between April 1st and October 1st, if the slash is not disposed of in some other manner, it shall be piled progressively for burning. Piling shall not take place earlier than the 15th day nor later than the 45th day following cutting. Between October 1st and April 1st of the following year, the slash to be burned shall be progressively piled and burned not later than 30 days following cutting.
(d) Prescribed broadcast burning of slash is allowed in the High Use Subdistrict when a permit is obtained from the Director or his representative.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 957.5. Piling and Burning.
When the option of burning piles or concentrations of slash is chosen to meet the slash treatment requirements as specified in these rules, such burning shall be done in the following manner:
(a) Piles shall be sufficiently free of earth and other non-combustible material for effective burning.
(b) The piled slash shall be burned at a safe time during the first wet fall or winter weather, or other safe period following piling and according to laws and regulations. Piles that fail to burn sufficiently to remove the fire hazard shall be further treated for disposal. All reasonable precautions shall be taken to confine such burning to the piled slash.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4423, 4513, 4551.5, and 4562, Public Resources Code.






s 957.6. Notification of Burning.
The local representative of the Director shall be notified in advance of the time and place of any burning of logging slash. Any burning shall be done in the manner provided by law.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 957.7. Protection of Residual Trees.
Slash burning operations and fire hazard abatement operations shall be conducted in a manner which will not damage residual trees and reproduction to the extent that they will not qualify to meet the silvicultural and stocking requirements of the rules.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 957.8. Slash Disposal to Control Forest Insects.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Section 4513, 4551.5, 4562 and 4592, Public Resources Code.






s 957.9. Preventive Practices.
Adverse insect and disease impacts shall be identified by the RPF in the timber harvesting plan, and mitigating measures shall be prescribed to improve the health and productivity of the timber stand. Timber operations shall be conducted to as to minimize the build-up of destructive insect populations or the spread forest diseases.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.






Appendix
BOARD OF FORESTRY TECHNICAL RULE ADDENDUM NO. 3

BROOD MATERIAL

A. Hazard Determination
Tree mortality and top killing result when Ips beetle populations reproduce and increase in pine brood material [FN1] and then leave this material and attack pines in the residual stand. Hazard increases with the amount of pine brood material present.
Any suitable breeding material, including pine logs from recently felled trees, represents a hazard as long as it remains on site long enough for the beetles to complete a life cycle in it. During suitable weather, the life cycle may be as short as five weeks. Piling of brood material is more hazardous than leaving it spread-out on the ground.
Timing of brood material production may influence hazard. Hazard is presumed to be highest when pine brood material is produced from February through June and moderate when produced at other times of the year. At no time is hazard presumed to be low. In some parts of the Southern Forest District, hazard is presumed to be high year round, regardless of when the brood material was produced.
Age, size, and species of residual trees influence hazard. Young pole size stands of pine are most susceptible to damage. Tree species other than pine are not damaged by insects that breed in pine brood material. Brood material from tree species other than pine generally does not contribute to the build-up of damaging beetle populations.
Low vigor residual trees are at greatest risk. Historically, drought stressed, suppressed, and overstocked stands have been identified as high risk. Off-site, diseased, damaged, and overmature trees are also at risk.
If damaging insect populations are high, hazard will be greater. High beetle populations have the potential to damage more than just low vigor trees. Chronic pine mortality in the area should be evaluated to determine if high beetle populations are present. An established Zone of Infestation for pine bark beetles implies that conditions are appropriate for the build-up of beetle populations.
Potential for the spread of damaging insects to adjacent ownerships should be considered. The closer the ownership, the greater the risk. Generally, ownerships beyond one quarter of a mile will have little or no risk.
Value of residual trees should be considered. How much loss to residuals is acceptable?
B. Hazard Reduction Treatment Alternatives
Any treatment to reduce hazard should apply to the entire area where a hazard has been determined to exist, including the area where lopping for fire hazard reduction has been used. Treatment alternatives include modification of the brood material so that it is less suitable as a breeding site for beetles or methods to reduce beetle populations that have developed.
Specific Treatment Alternatives applied to pine brood material are as follows:
(1) The following treatments are acceptable provided they are completed before insect broods emerge from infested material. During weather that is suitable for brood development, a five week window is the maximum time that should elapse between creation of brood material and its treatment by one of the following methods: brood material can be removed from the site for processing or disposal; if left on-site, it can be piled and burned, chipped, debarked, treated with an appropriate pesticide, or piled and covered with clear plastic. If brood material is piled and covered, the plastic used must be a minimum of 6 mil thick; piles must be completely sealed by the plastic so that there are no openings to the outside and remain covered for 6 months (or 4 months if at least 2 summer months are included).
(2) The following treatment is acceptable, provided it is completed as soon after brood material creation as is practical, but not later than one week. Lop all branches from the sides and tops of those portions of main stems which are 3 " or more in diameter. Branches shall be scattered so that stems have maximum exposure to solar radiation. Do not pile brood material. Lopped stems could also be cut into short segments to decrease drying time and further reduce hazard.
(3) Burying brood material will prevent it from being colonized by beetles, but may not prevent emergence of the beetles. Therefore, it must be buried before becoming infested. During suitable weather, brood material must be buried concurrent with its creation.
[FN1] "Suitable" weather depends upon location. In areas that receive snowfall, suitable weather generally exists from April 15-October 15. In other areas, suitable weather exists from March 1-November 30.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513, and 4713, Public Resources Code.






s 957.10. Locating and Reporting.
Timber operators, timber owners and foresters (RPF), if any employed on the operation, shall assist the State in determining the location of insect and disease outbreaks, and report such outbreaksto the Director or a representative of the Director.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.






s 957.11. Performance Based Hazard Reduction.
The purpose of these rules is to:
(a) provide a level of fire and pest protection to property and resources that meets or exceeds the intent of protection provided under 14 CCR s 957 through 957.8.
(b) provide for the treatment of snags and logging slash in order to reduce fire and pest safety hazards in the logging area, to protect such area from potential insect and disease attack, and to prepare the area for natural or artificial reforestation while retaining wildlife habitat and protection of the beneficial uses of water.
(c) provide direction to RPFs preparing plans which, for the purposes of this section, include THPs, MTHPs, NTMPs, PTEIRs, Notices of Emergency Timber Operations except 14 CCR s 1052.4, and any Exemptions Notices pursuant to 14 CCR s 1038 and 1104.1 except 1038(i),
(d) provide direction to the timber operator conducting timber operations,
(e) provide direction to the Department in its review, approval, inspection and monitoring programs.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 957.12. Treatment of Logging Slash to Reduce Fire Hazard.
The following shall apply to the treatment of slash created by timber operations within the plan area and on roads adjacent to the plan area, but excluding appurtenant roads.
(a) The RPF preparing the plan shall include a description of all slash treatments to be utilized and the portion(s) of the plan area in which each will be utilized. In proposing slash treatments, the RPF shall consider the estimated amount and distribution of slash to be created by the operation, type of remaining vegetation, topography, climate, and degree of public exposure fire history.
At a minimum, the plan shall address the following:
(1) The timing of treatment application including the time during which burning shall be accomplished.
(2) The necessary precautions to be employed to confine the burning to the piled slash or the area proposed for broadcast burning.
(3) The necessary precautions to be employed to protect other resources such as wildlife and the beneficial uses of water.
(4) The treatment of slash adjacent to the edge of the traveled surface of public roads and permanent and seasonal private roads open for public use where permission to pass is not required.
(5) The treatment of slash adjacent to permanently located structures maintained for human habitation.
(b) Treatment shall be conducted in accordance with the following:
(1) Burning shall be done at a safe time only after the heavy fall rains and shall be completed before the start of fire season in the area and according to laws and regulations, including air quality requirements.
(2) Piles and concentrations shall be sufficiently free of soil and other noncombustible material for effective burning.
(3) Piles and concentrations that fail to burn sufficiently to remove the fire hazard shall be further treated to eliminate that hazard.
(4) Slash burning operations and fire hazard abatement operations shall be conducted in a manner which will not damage residual trees and reproduction to the extent that they will not qualify to meet the silvicultural and stocking requirements of the rules.
(5) In order to determine whether the plan conforms with the Act and the Rules of the Board, the Director may request and the RPF shall supply the information the RPF considered under 14 CCR s 957.12(a) regarding the estimated amount and distribution of slash to be created by the operation, type of remaining vegetation, topography, climate, and degree of public exposure fire history.
(6) Where unusual fire risk or hazard exists as determined by the Director or the RPF, the Director may require the timberland owner to obtain a project-type burning permit prior to burning and the terms of the permit shall be adhered to while burning.
(7) The local representative of the Director shall be notified in advance of the time and place of any burning of logging slash. Any burning shall be done in the manner provided by Law.

Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.






s 958. Fire Protection.
When burning permits are required pursuant to Public Resources Code 4423, timber operators shall:
(a) observe the fire prevention and control rules within this article, and
(b) submit each year, either before April 1st or before the start of timber operations a fire suppression resources inventory to the Department as required by the rules.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4423, 4551 and 4551.5, Public Resources Code.






s 958.1. Fire Suppression Resources Inventory.
The Fire Suppression Resources Inventory shall include, as a minimum, the following information:
(a) Name, address and 24-hour telephone number of an individual and an alternate who has authority to respond to Department requests for resources to suppress fires.
(b) Number of individuals available for fire fighting duty and their skills.
(c) Equipment available for fire fighting.
The Fire Suppression Resources Inventory shall be submitted to the ranger unit headquarters office of the Department having jurisdiction for the timber operation.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.






s 958.2. Fire Plan Contents.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.






s 958.3. Roads to Be Kept Passable.
Timber operators shall keep all logging truck roads in a passable condition during the dry season for fire truck travel until snag and slash disposal has been completed.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.






s 958.4. Smoking and Matches.
Subject to any law or ordinance prohibiting or otherwise regulating smoking, smoking by persons engaged in timber operations shall be limited to occasions where they are not moving about and are confined to cleared landings and areas of bare soil at least three feet (.914 m) in diameter. Burning material shall be extinguished in such areas of bare soil before discarding. The timber operator shall specify procedures to guide actions of his employees or other persons in his employment consistent with this subsection.

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






s 958.5. Lunch and Warming Fires.
Subject to any law or ordinance regulating or prohibiting fires, warming fires or other fires used for the comfort or convenience of employees or other persons engaged in timber operations shall be limited to the following conditions:
1. There shall be a clearance of 10 feet (3.05 m) or more from the perimeter of such fires and flammable vegetation or other substances conducive to the spread of fire.
2. Warming fires shall be built in a depression in the soil to hold the ash created by such fires.
3. The timber operator shall establish procedures to guide actions of his employees or other persons in their employment regarding the setting, maintenance, or use of such fires that are consistent with (a) and (b) of this subsection.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4103.5, 4432, 4433, 4551 and 4551.5, Public Resources Code.






s 958.6. Posting Procedures.
Timber operators shall post notices which set forth lists of procedures that they have established consistent with Sections 958.4 and 958.5. Such notices shall be posted in sufficient quantity and location throughout their logging areas so that all employees, or other persons employed by them to work, shall be informed of such procedures. Timber operators shall provide for diligent supervision and enforcement of fire prevention rules throughout their operations .

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






s 958.7. Blasting and Welding.
Timber operators shall provide for a diligent fire watch service at the scene of any blasting or welding operations conducted on their logging areas to prevent and extinguish fires resulting from such operations.

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






s 958.8. Inspection for Fire.
The timber operator or his/her agent shall conduct a diligent aerial or ground inspection within the first two hours after cessation of felling, yarding, or loading operations each day during the dry period when fire is likely to spread. The person conducting the inspection shall have adequate communication available for prompt reporting of any fire that may be detected.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Section 4551.5, Public Resources Code.






s 958.9. Glass Containers.

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






s 958.10. Cable Blocks.
During the period when burning permits are required, all tail and side blocks on a cable setting shall be located in the center of an area that is either cleared to mineral soil or covered with a fire proof blanket that is at least 15 feet in diameter. A shovel and an operational full five-gallon back pump or a fire extinguisher bearing a label showing at least a 4A rating must be located within 25 feet of each such block before yarding.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4427, 4551 and 4551.5, Public Resources Code.






s 959. Wildlife Practice.
Timber operations shall be planned and conducted to maintain suitable habitat for wildlife species as specified by the provisions of this Article. These provisions are in addition to those directly or indirectly provided in other rules of the Board of Forestry.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512, 4513 and 4713, Public Resources Code.






s 959.1. 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 959.2. 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 959.3. 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 may 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 959.4. 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 959.5. Alternatives.
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 959.6. General Protection of Nest Sites.






s 959.7. 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 959.8. Alternatives.

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






s 959.12. 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 atthe 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 959.15. Protection of Wildlife Habitat.
(a) Where present at time of timber harvest 400 square feet basal area of oak per 40 acres should be retained and protected, giving preference to deciduous oaks. Oaks should be retained on areas designated by the Department of Fish and Game as deer migration corridors, holding areas, or key ranges when consistent with good forestry practices.
(b) Trees within meadows and wet areas may be clearcut and these areas exempted from the stocking provisions of the rules in order to retain these areas for wildlife. These areas shall be shown on the plan.

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






s 959.15. 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 959.16. 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 959.17. 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 959.18. 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 960. 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 the time of violation.

Note: Authority cited for Article 10 (Section 960): Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4512 and 4513, Public Resources Code.






s 961. Coastal Commission Special Treatment Areas.
The purpose of this article is to protect the natural and scenic qualities as reflected in the criteria and objectives for each of the Coastal Commission Special Treatment Areas designated and adopted by the California Coastal Commission on July 5, 1977, while at the same time allowing management and orderly harvesting of timber resources within these areas. In addition to the statutes and other regulations governing timber harvesting, the following practices are required when conducting timber operations in such Special Treatment Areas.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551.5, 4583 and 30417, Public Resources Code.






s 961.1. Preliminary Field Work and Timber Harvesting Plans.
(a) The following preliminary field work shall be required in the Coastal Commission Special Treatment Areas and shall be completed prior to submission of the plan to the Director:
(1) When a boundary of a Coastal Commission Special Treatment Area is within or contiguous to a plan area, the boundary shall be clearly identified on the ground, by the RPF preparing the plan or supervised designee, with paint, flagging or other suitable means.
(2) All timber proposed for harvest shall be clearly marked with paint at points approximately 4 1/2 feet (1.37 m) above the ground and at ground level.
(3) The following wildlife considerations shall be followed:
(A) Live trees, as designated on the ground by the Departments of Fish and Game or Forestry and Fire Protection and or the RPF or supervised designee, with visible evidence of current use as nesting sites by hawks, owls, or waterfowl shall not be marked for cutting.
(B) Live trees as designated on the ground by the Departments of Fish and Game or Forestry and Fire Protection or the RPF or supervised designee, with visible evidence of nesting by eagles, osprey, or any endangered species, as identified by the Department of Fish and Game, shall not be marked for cutting.
(C) Live trees constituting a rookery for herons and/or egrets shall not be marked for cutting unless authorization in writing from the Department of Fish and Game is granted to the timber owner.
(4) All logging roads proposed to be constructed or reconstructed, main skid trails and those minor skid trails that would require or result in substantial soil displacement, and landing locations shall be clearly marked on the ground with flagging or other appropriate marking, keyed to the various projects. (continued)