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(continued)
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).
s 916.11. Effectiveness and Implementation Monitoring.
(a) Where timber operations will be conducted within a WLPZ, the Director may require a post-harvest evaluation of the effectiveness of the mitigations and practices designed to protect the watercourse(s) or lake(s) as a condition of plan approval. The Director shall require such an evaluation if the necessity for the evaluation is supported by substantial evidence in the record. This evidence may include, but is not limited to, potential land failures, accelerated rate of road construction or harvesting within a watershed, concentration or intensity of harvesting activity near watercourses, and potential for accelerated windthrow. The design and implementation of the evaluation shall be done in consultation with the Director, the RWQCB or DFG, and THP submitter, and the sufficiency of the information requested by the Director shall be judged in light of reasonableness and practicality. The evaluation may utilize procedures including, but not limited, to:
(1) Procedures for effectiveness and implementation monitoring,
(2) Existing landowner monitoring programs, or
(3) Photographic monitoring
(b) This section shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
s 916.12. Section 303(d)Listed Watersheds.
For any planning watershed in which timber operations could contribute to the pollutants or stressors which have been identified as limiting water quality in a water body listed pursuant to 303(d) Federal Clean Water Act, the following shall apply:
(a) The Department shall, in collaboration with the appropriate RWQCB and SWRCB, prioritize watersheds in which the following will be done: 1) conduct or participate in any further assessment or analysis of the watershed that may be needed, 2) participate in the development of Total Maximum Daily Load (TMDL) problem assessment, source assessment, or load allocations related to timber operations, and 3) if existing rules are deemed not to be sufficient, develop recommendations for watershed-specific silvicultural implementation, enforcement and monitoring practices to be applied by the Department.
(b) The Department shall prepare a report setting forth the Department's findings and recommendations from the activities identified pursuant to (a) above. The report shall be submitted to the Board and the appropriate RWQCB. The report shall be made available to the public upon request and placed on the Boards' website for a 90-day period.
(c) Where the Department has recommended that the adoption of watershed specific rules is needed, the Board shall consider that recommendation as a proposal for rulemaking under the Administrative Procedures Act (Section 11340 et. seq. Gov Code) and shall begin that process within 180 days following receipt of that report.
(d) These watershed specific rules shall be developed in collaboration with the appropriate RWQCB, the landowner(s) or designee with land in the planning watershed, and other persons or groups within the watershed, and may also be incorporated into a TMDL implementation plan.
(e) The watershed specific rules shall remain in effect until the water body has been removed from the 303(d) list, or that the Board finds, after consulting with the appropriate RWQCB, that timber operations are no longer a significant source of the pollutant or stressor that limits water quality in the listed water body.
(f) This section shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.
s 916.13. Interim Watershed Mitigation Addendum (IWMA).
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.1. Consultation.
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.2. IWMA Evaluation Area.
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.3. Contents of IWMA
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.4. Standards for IWMA Preparation.
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.5. Submission of an IWMA as Part of a Plan.
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.6. Compliance Monitoring and Expanded Completion Report.
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.7. Subsequent Plans Within the IWMA Area.
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 916.13.8. Equivalent Analysis.
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21080.5, Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 4582.6, 21000(g), 21001(b), 21002.1 and 21080.5, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code;Natural Resources Defense Council, Inc. v. Arcata Natl. Corp.(1976) 59 Cal. App. 3d 959; 131 Cal. Rptr. 172; andLaupheimer v. State(1988) 200 Cal. App. 3d; Cal. Rptr. 82.
s 917. Hazard Reduction.
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.
Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
s 917.1. 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 917.2. Treatment of Slash to Reduce Fire Hazard.
Except in the 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 road 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 private roads open for public use where permission to pass is not required, slash created and trees knocked down 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 917.3. Prescribed Broadcast Burning of Slash.
Outside the Southern Subdistrict, broadcast burning may be prescribed for slash treatment subject to the following conditions:
(a) It may occur in Zone A, as described in PRC 4423, subject to a project-type burning permit;
(b) It may occur in Zone B, as described in PRC 4423, without a burning permit from December 1 through March 31, unless a permit is required pursuant to paragraph (e), or subject to the provisions of a project-type burning permit between April 1 and December 1;
(c) It may occur within cleared firebreaks of not less than 10 feet (3.05 m) in width;
(d) Use of the broadcast burning prescription in the Watercourse and Lake Protection Zone for Class I, and II waters, is prohibited. Where necessary to protect downstream beneficial uses, the director may prohibit burning prescriptions in Class III watercourses;
(e) Exceptions to requirements (b), (c), and (d) above may be granted to any time of year 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 917.4. Treatment of Logging Slash in the Southern Subdistrict.
To reduce fire hazards within the Southern Subdistrict of the Coast Forest District, treatment of slash created by timber operations shall be done in addition to requirements of 14 CAC 917.2 as follows:
(a) To provide more efficient firebreaks the areas within 50 feet (15.24 m) of the edge of all public roads shall be kept free of slash greater than 1 inch (2.5 cm) in diameter. Slash between 50 feet (15.24 m) and 100 feet (30.48 m) of the edge of said roads and slash within 200 feet (60.96 m) of all permanently located structures currently maintained for human habitation shall be treated by piling and burning, chipping, burying, removal, or lopping to within 12 inches (30.5 cm) above the ground not later than April 1 of the year following its creation. Distances shall be measured along the surface of the ground. Timber operations shall not cause a violation of PRC 4291.
(b) Concentrations of slash created by the current operation around logging landings or located within the logging area excluding those areas substantially covered with logs on the ground, shall be crushed, chipped, spread, piled and burned, or otherwise treated no later than April 1st of the following year following their creation.
(c) Slash created by the current timber operation within and adjacent to the logging area, excluding those areas substantially covered with logs on the ground, shall be lopped over the entire logging area by April 1st of the year following the creation of the slash. Slash created by the current operations along roads not in the logging area shall be lopped concurrently with its creation.
(d) Use of the broadcast burning prescription for slash is prohibited in the Southern Subdistrict of the Coast Forest District.
Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
s 917.5. Burning of Piles and Concentrations of Slash.
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 as follows:
(a) Piles and concentrations shall be sufficiently free of soil and other noncombustible material for effective burning.
(b) The piles and concentrations 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 and concentrations that fail to burn sufficiently to remove the fire hazard shall be repiled and burned in the manner aforesaid or treated to eliminate the fire hazard. All necessary precautions shall be taken to confine the 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 917.6. 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 4423, 4513, 4551.5 and 4562, Public Resources Code.
s 917.7. 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 in meeting 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 917.8. Slash Disposal to Control Forest Insects.
Note: Authority cited: Sections 4551 and 4562, Public Resources Code. Reference: Sections 4513, 4551.5 and 4562, Public Resources Code.
s 917.9. Prevention Practices.
Timber operations shall be conducted so as to minimize the build-up of destructive insect populations or the spread of forest diseases. To achieve this goal the following shall occur:
(a) Where THPs are in areas where the Board of Forestry has declared a zone of infestation or infection pursuant to PRC sections 4712-4718, the RPF shall identify feasible measures being taken to mitigate adverse infestation or infection impacts from the timber operation.
(b) Where significant adverse insect or disease build-ups are identified by the RPF preparing the plan or the Director on an area to be harvested under a THP, the plan shall include feasible measures to address the problem.
(c) The Board of Forestry has determined that insects breeding in pine logging slash can be a significant problem if they are not managed. Board of Forestry Technical Rule Addendum Number 3 describes the considerations that the RPF preparing a THP shall use in developing alternatives for treating pine brood material. The addendum also describes methods of treating pine brood material that may be used to meet the objectives of this rule. The RPF may propose or the Director may require hazard reduction treatments to mitigate significant adverse impacts of insects breeding in pine brood material at any time during the life of a THP.
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 917.10. Prevention 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.
s 917.11. 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 outbreaks to 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 918. 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: Section 4551 and 4553, Public Resources Code. Reference: Sections 4423, 4551 and 4551.5, Public Resources Code.
s 918.1. Fire Suppression Resource 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: Section 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
s 918.2. Fire Plan Contents.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4428, 4429, 4551 and 4551.5, Public Resources Code.
s 918.3. 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 918.4. 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 918.5. 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 918.6. Posting Procedures.
Timber operators shall post notices which set forth lists of procedures that they have established consistent with Sections 918.4 and 918.5. 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 of such procedures throughout their operations.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
s 918.7. 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 918.8. Inspection for Fire.
The timber operator and 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 918.9. Glass Containers.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Section 4551.5, Public Resources Code.
s 918.10. 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 fireproof blanket that is at least 15 feet in diameter. A shovel and an operational full five-gallon back pump or 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: Section 4551, Public Resources Code. Reference: Sections 4551 and 4551.5, Public Resources Code.
s 919. 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 919.1. 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 919.2. 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 919.3. 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 zones 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 fledgling, as determined by the Director. During this critical period, no timber operations are permitted within the buffer zone. Exceptions may be approved by the Director, after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(2) For the Golden eagle, the critical period is January 15 until April 15 for active nests, and is extended from April 15 until either September 1 or until the birds have fledged from occupied nests. During this critical period, hauling on existing roads that normally receive use during the critical period is permitted. Other timber operations are not permitted within the buffer zones.
(3) For the Great blue heron and Great egret, the critical period is February 15 until July 1 for coastal counties south of and including Marin County. For all other areas, the period is from March 15-July 15. During this critical period, timber operations within the buffer zone shall be staged with a gradual approach to the nest.
(4) For the Northern goshawk, the critical period is from March 15 until August 15. During this critical period, no timber operations are permitted; however, new road construction is permitted if the Director determines that there is no feasible alternative. Exceptions may be approved by the Director after consultation with the Department of Fish and Game to allow hauling on existing roads that normally receive use within the buffer zone during the critical period.
(5) For the Osprey, the critical period is March 1 to April 15 for active nests in coastal counties including Mendocino County and those south of it. This period is extended from April 15 until August 1 for occupied nests. For all other areas, the critical period is March 15 until May 1 for active nests, and is extended from May 1 to August 15 for occupied nests. During the critical period, at nest sites where Osprey have shown historical tolerance to disturbance, timber operations are permitted using a gradual approach to the nest, except that no cutting is permitted. Where Osprey are determined by the Director to be intolerant to timber operations, no timber operations are permitted within the buffer zone unless the Director determines that there are no feasible alternatives.
(6) For the Peregrine falcon, the critical period is February 1 until April 1 for active nests, and is extended until July 15 for occupied nests. During the critical period, no timber operations are permitted within the buffer zone. However, when the Director, after consultation with the Department of Fish and Game determines that Peregrines have shown a tolerance to hauling activity in the past, hauling on existing roads that normally receive use during the critical period within the buffer zone is permitted.
(e) The following requirements shall apply to helicopter logging during the critical period.
(1) For the Bald eagle, helicopter yarding within one-quarter mile radius of the nest tree is prohibited. Helicopter yarding between one-quarter and one-half mile of the nest tree is permitted when timber operations are conducted so that helicopter yarding gradually approaches the one-quarter mile radius limit.
(2) For the Golden eagle and Northern goshawk, helicopter yarding within one-quarter mile radius of the nest is prohibited.
(3) For the Osprey, helicopter yarding within one-quarter mile radius of the nest is prohibited between April 15 and June 15.
(4) For the Peregrine falcon, helicopter yarding is prohibited within one-half mile of the nest.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
s 919.4. 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 919.5. 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 919.6. General Protection of Nest Sites.
s 919.7. 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 919.8. Alternatives.
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513 and 4551.5, Public Resources Code.
s 919.9. Northern Spotted Owl.
Every proposed timber harvesting plan, NTMP, conversion permit, Spotted Owl Resource Plan, or major amendment located in the range of the northern spotted owl shall follow one of the procedures required in subsections (a)-(g) below for the area within the THP boundary as shown on the THP map and also for adjacent areas as specified within this section. The submitter may choose any alternative (a)-(g) that meets the on-the-ground circumstances. The required information shall be used by the Director to evaluate whether or not the proposed activity would result in the "take" of an individual northern spotted owl.
When subparagraphs (a), (b), or (c) are used, the Director, prior to approval of a THP, shall consult with a state-employed biologist designated by the Department who is accepted by the Department of Fish and Game or the Fish and Wildlife Service as having sufficient knowledge and education to determine harm or harassment of the Northern Spotted Owl. The biologist shall make written recommendations regarding whether the retained habitat configuration and protection measures proposed in the THP will prevent a take of the owl.
The Department may designate independent biological consultants who can fulfill the requirements within subparagraph (a) of these rules. The plan submitter has the discretion whether to utilize a designated independent consultant under subparagraph (a). All other requirements under the Northern Spotted Owl rules specifying a designated biologist are to be fulfilled by a state-employed biologist. To be designated by the Department, the independent consultant must be accepted by either the Department of Fish and Game or the Fish and Wildlife Service. This acceptance requires the independent consultant to demonstrate, in the field, sufficient knowledge and education to recognize and analyze data from field conditions and present information which helps determine harm or harassment of the Northern Spotted Owl. The same educational and experience criteria utilized to designate state-employed biologists will be applied. When a designated independent consultant is used to fulfill the requirements of subparagraph (a), the independent consultant shall make written observations and recommendations regarding whether the retained habitat configuration and protection measures proposed in the THP will prevent a take of the owl.
In consultation with the state-employed designated biologist, the Director may adjust standards established by this section based on site specific circumstances in a manner which is consistent with information collected on owl behavior in California, and the prohibitions of the Federal Endangered Species Act.
(a) If the project proponent requests preliminary review of the proposed operation or Spotted Owl Resource Plan prior to filing, a designated biologist (either state-employed or an independent consultant) shall be assigned to evaluate whether the proposed operation would result in the taking of an individual northern spotted owl. This evaluation is preliminary to and separate from the final "take" determination to be made under Section 919.10 (939.10). In making that evaluation:
(1) The designated biologist shall apply the criteria set forth in section 919.10 or 939.10;
(2) The designated biologist may request that the submitter provide additional information which the designated biologist finds necessary to evaluate if a "take" would occur, provided that the designated biologist states the type of information needed, the purpose of the information, and the level of accuracy necessary to meet the stated purpose.
(3) If the designated biologist concludes that no prohibited taking would occur, the biologist shall inform the submitter as soon as practicable and shall document the decision and the information which was relied upon by the biologist in the above evaluation. Reference data shall be readily available for the Director's review upon request;
(4) If the designated biologist concludes that the proposed timber operation or Spotted Owl Resource Plan would result in a taking, he or she shall inform the submitter as soon as practicable and shall comply with sections 919.10(c)/ 939.10(c) within 10 working days of making this determination.
(5) Requests for prefiling consultation shall be handled in the order in which received.
(b) The RPF shall include the following information:
(1) On a planimetric or topographic map of a minimum scale of 1:24,000, provide the following:
(A) The location and acreage of owl habitat.
This information shall be shown for the area within the boundary both as it exists before and after timber operations. The Director shall determine if timber typing maps may qualify as showing owl habitat.
(B) Identify any adjoining owl habitat by type within .7 miles of the boundary.
(C) When mapping functional owl nesting, roosting, and foraging habitat, include additional information which helps define those areas such as: location of topography features, riparian vegetation, hardwood component, water, potential nest and roost sites, and potential suitable forage areas.
(D) All known owl observations, identified by location and visual or nonvisual confirmation within 1.3 miles of the boundary. This information shall be derived from the landowner's and RPF's personal knowledge, and from existing spotted owl data bases available from the California Department of Forestry and Fire Protection.
(2) Discussion on how functional characteristics of owl habitat will be protected in terms of the criteria stated within subsections (a) and (b) of sections 919.10 or 939.10.
(3) As adjacent landowners permit and from other available information, a discussion of adjacent owl habitat up to .7 mile from the proposed boundary and its importance relative to the owl habitat within the boundary.
(4) Describe any proposals for monitoring owl or owl habitat which are necessary to insure their protection. Monitoring is not required for approval.
(5) Discussion of any known owl surveys that have been conducted within 1.3 miles of the THP boundary. Include the dates, results and methodologies used if known. (continued)