Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The following special Harvesting Methods are appropriate
under certain conditions:
(a) Special
Treatment Areas Prescriptions. Special consideration in Special Treatment Areas
shall be given to selection of a Regeneration Method or Intermediate Treatment
compatible with the objectives for which the special area was established. Such
areas shall be identified in the Plan. To assure the integrity of legally
designated historical and archaeological sites and legally designated
ecological reserves, and that the objectives of the Special Treatment Areas are
met, the RPF and the Director may agree, after on-the-ground inspection, if
requested by either party, on specific silvicultural and logging practices to
protect such areas. The Director shall notify affected agencies or groups with
expertise in the resource involved in the special treatment area of any such
areas located during the THP review process.
(b) Rehabilitation of Understocked Area
Prescription. Rehabilitation is a procedure for restoring and enhancing the
productivity of commercial timberlands which do not meet the stocking standards
in 14 CCR
§
952.7, prior to any Timber Operations.
On such lands an area may be harvested provided it is restocked in accordance
with Subsections (1) or (2). To facilitate restocking, a regeneration plan must
be included in the THP. The regeneration plan shall include Site Preparation,
method of regeneration, and other information appropriate to evaluate the plan.
(1) If the area meets the standards of
14 CCR
§
932.7 within five (5) years of
completion of Timber Operations, the area shall be considered acceptably
stocked, or shall be considered acceptably stocked if it contains at least ten
(10) planted Countable Trees for each tree harvested on sites I, II, and III,
and five (5) planted Countable Trees for each tree harvested on site IV and
V.
(2) On understocked Timberlands
where no countable conifer trees are to be harvested and the broadleaf Species
are not designated for management, the area shall be planted to equal or exceed
the Stocking Standards of
14 CCR
§
932.7(b)(1) and shall
be considered acceptably stocked if within five years of completion of Timber
Operations it contains at least an average point count of 100 of Group A
Species on all Site Classifications.
(c) Fuelbreak/Defensible Space. Where some
trees and other vegetation and fuels are removed to create or maintain a shaded
fuel break or defensible space in an area to reduce the potential for wildfires
and the damage they might cause. Minimum Stocking Standards within the timber
operating area shall be met immediately after harvest and shall be those found
in 14 CCR
§
932.7. The RPF shall describe in the
Plan specific vegetation and fuels treatment, including timing, to reduce fuels
to meet the objectives of a Community Fuelbreak Area or other objectives
identified by the RPF with the written concurrence of a public fire agency and
determined by the Director to be consistent with the purposes of the
Act.
(d) Variable Retention.
Variable retention is an approach to harvesting based on the retention of
structural elements or biological legacies (trees, Snags, logs, etc.) from the
pre-harvest stand for integration into the post-harvest stand to achieve
various ecological, social and geomorphic objectives. The major variables in
the variable retention harvest system are retention types, densities, and
spatial arrangement of retained structures; aggregated retention is the
retention of structures or biological legacies as intact forest patches within
the harvest unit; dispersed retention is the retention of structures or
biological legacies in a dispersed or uniform pattern. Retained trees may be
intended to become part of future stands managed by the Selection Regeneration
Method. Retained trees are often designated as decadent tree or Snag
recruitment hence not ever intended for harvest. Regeneration after harvest
outside of aggregated retention patches may be obtained by direct seeding,
planting, sprouting, or by natural seedfall.
(1) In the Plan, the RPF shall describe in
sufficient detail to provide for review and evaluation: the trees and elements
retained, the objectives intended to be achieved by retention, the distribution
and quantity of retained trees, the intended time period of retention, and any
potential future conditions or events the RPF believes would allow harvest of
retained trees. The RPF may explain and justify, and the Director may approve a
Plan which indicates up to 50% of retained trees are intended for harvest
during future Intermediate Treatments of the regenerated portion of the Harvest
Area where such harvest(s) are consistent with stated Variable Retention
objectives.
(2) The retention
standards for Dispersed Retention shall be measured in average Basal Area Per
Acre. Where retention is aggregated in groups (greater than or equal to
one-tenth acre), percentage of harvest unit area shall be the standard. Sum of
all areas within groups divided by harvest unit acres will be used to determine
percentage of aggregated retention in the harvest unit. Area and trees located
within any standard width WLPZ will be excluded from calculating
retention.
(3) The following
retention standards shall be met:
(A) Minimum
dispersed Variable Retention standard is 20% of the Resource Conservation
Standards basal area levels stated in
14 CCR
§
932.7(b)(2), 10 % of
Harvest Area in aggregated retention or combinations thereof. Variable
Retention harvests at the minimum retention level shall be limited to 30
acres.
(B) Table 1 shall be used
for Determining the Maximum Size Harvest Area for Variable Retention. For areas
with a combination of dispersed and aggregated retention types for
determination of permissible unit size, the percentage of basal area in
dispersed retention portions of the combination area may be reduced
proportionately to the area in aggregated retention indicated in Table 1.
Table 1
|
Dispersed Retention
|
Aggregated Retention
|
Maximum Size Harvest
Area
|
| >20% of 932.7(b)(2) |
>10% Area |
30 Acres |
| >30% of 932.7(b)(2) |
>15% Area |
40 Acres |
| >35% of 932.7(b)(2) |
>20% Area |
60 Acres |
| >45% of 932.7(b)(2) |
>25% Area |
80 Acres |
| >55% of 932.7(b)(2) |
>30% Area |
120 Acres |
| >75% of 932.7(b)(2) |
>40% Area |
200 Acres |
(C) Aggregated retention areas that conform
to the definition of Late Succession Forest Stands under
14 CCR
§
895.1, with the exception of the
minimum 20 acre threshold size, may be counted as contributing 1.5 times the
acres they actually occupy toward providing retention.
(D) Retention trees classified as Dunning's
Class 3, 4, 5, or 7 which exceed the size standards of
14 CCR
§
932.7 may be counted as contributing
1.5 times their actual basal area toward providing retention.
(E) Retention standards shall be met on each
20-acre maximum area(s) within each harvest unit. Retention standards may be
met by either dispersed, aggregated or a combination of the two types of
retention.
(F) Unless explained and
justified by the RPF in the Plan, and approved by the Director, no point within
the Harvest Area where retention standards are met by dispersed retention shall
be more than 300 feet from a retention tree.
(G) With the exception of
14 CCR
§
933.4(d)(3)(J) below,
the average height of dispersed retention trees shall be at least the average
height of Dominants and Codominants of like Species in the pre-harvest
stand.
(H) For areas where the Plan
relies on natural seedfall to obtain regeneration, dispersed retention trees
shall meet the standards of
14 CCR
§
933.1(c)(1). Where
retention is aggregated, retained aggregates shall meet the standards of
Commercial Thinning required under
14 CCR
§
933.3(a) including
(a)(1)(A) or (a)(1)(B).
(I) Where
specific WHR habitat elements are insufficient to provide Functional Wildlife
Habitat, the RPF may explain and justify and the Director may approve
alternatives to the standards of subsections
933.4(d)(3)(G) and
(H).
(J) Decadent and Deformed Trees of Value to
Wildlife, and Snags which meet the standards of
14 CCR
§
932.7(b)(3) (A,B or
C) and 14
CCR §
932.7(c) may be
counted to meet up to 15 square feet of Basal Area Per Acre of retention in
excess of the minimum variable retention standards (ref.
14 CCR
§
933.4(d)(3)(A)).
(K) Trees shall be retained for at least 50
years unless a shorter period of time is described in the Plan, explained and
justified by the RPF, and approved by the Director.
(4) Retention standards shall be met
immediately after harvest and if retention trees are to be used to meet
Stocking, at the time the Stocking report is approved.
(5) The Stocking standards of
14 CCR
§
932.7(b)(1) within
five years following completion of operations.
(6) Retention trees shall be protected to the
extent Feasible during Timber Operations consistent with
14 CCR
§§
934.1; 934.2(e); 934.3; 935.2;
935.3 and 937.7.
(7) The Plan shall
indicate the estimated average pre-harvest and post-harvest basal area by
species and Diameter class. Diameter class designations shall be grouped in no
greater than 6" classes.
(8) Where
retention is aggregated in groups, the RPF shall provide in the Plan a general
description of group locations and/or a map showing the approximate location of
the groups. This information shall be provided for each logging unit.
(9) All trees to be harvested or all
retention trees shall be marked by, or under the supervision of, an RPF prior
to felling operations. Where timber harvesting does not occur within retained
aggregates, the boundaries of retained aggregates may be designated in lieu of
Marking individual trees within retained aggregates. A sample area must be
marked prior to a pre-harvest inspection for evaluation. The sample area shall
include at least 10% of the Harvest Area for each stand type represented in the
range of conditions present in the area. Where necessary to evaluate the
proposed retention, the Director may require additional Marking before Plan
approval.
(10) To facilitate
restocking, a regeneration plan must be included in the Plan. The regeneration
plan shall include Site Preparation, method of regeneration, and other
information appropriate to evaluate the Plan. Site Preparation activities shall
be designed to protect retention elements and maintain ground cover to the
extent practicable while at the same time result in seedling establishment on
the site and encourage long-term site occupancy of the regenerated
trees.
(11) Another Variable
Retention harvest may not be applied to the Variable Retention Harvest Area for
at least 50 years for Class I, 60 years for Class II or III, or 80 years for
Class IV and V site class lands after acceptance by the Director of the
completion report except as specified in:
(i)
a THP that has been approved pursuant to
14 CCR
§
933.11(a),
(ii) an SYP,
(iii) a PTEIR or,
(iv) an NTMP).
(12) Within ownership boundaries, no logical
logging unit contiguous to a previously harvested Variable Retention Harvest
Area may be harvested by a Variable Retention method unless the previously
harvested Variable Retention unit has an approved report of Stocking and the
dominant and codominant trees, not counting retention trees, average at least
five years of age or average at least five feet tall and three years of age
from the time of establishment on the site either by the planting or by natural
regeneration. If these standards are to be met with trees that were present at
the time of the harvest, there shall be an interval of not less than five years
following the completion of operations before adjacent Variable Retention
management may occur.
(13) A
Regeneration Method Used in Evenaged Management, other than Shelterwood
Preparatory Step, may not be applied to the Variable Retention Harvest Area for
at least 50 years for Class I, 60 years for Class II or III, or 80 years for
Class IV and V site class lands after acceptance by the Director of the
completion report.
(14) Within an
ownership, at least 10 years must pass after a Variable Retention harvest that
exceeds the size standards of
14 CCR
§
933.1(a)(2) before a
Regeneration Method Used in Evenaged Management, other than Shelterwood
Preparatory Step, may occur in an adjacent logical Harvest Area.
(15) Within an ownership, the separation
requirements and adjacency limitations of
14 CCR
§
933.1(a) (3, 6 and 7)
shall apply equally to Variable Retention Harvest Areas and evenaged
regeneration units.
(16)
Alternative Prescriptions proposed under
14 CCR
§
933.6 may not reference Variable
Retention as the most nearly Feasible method (ref.
14 CCR
§
933.6(b)(3) and (4)).
Alternative Prescriptions which approach but do not fully meet the minimum
standards of Variable Retention shall be considered Alternatives to a
Regeneration Method Used in Evenaged Management.
(e) Aspen, and Meadows and Wet Areas
restoration. All trees within aspen stands (defined as a location with the
presence of living aspen (Populus tremuloides)), Meadows and
Wet Areas may be harvested or otherwise treated in order to restore, retain, or
enhance these areas for ecological or range values. A primary goal of aspen
restoration Projects is the successful regeneration of aspen and recruitment
into larger size classes. Projects using this prescription shall be designed to
balance the protection and regeneration of aspen stands, and Meadows and Wet
Areas habitats in California's forest ecosystems with the other goals of forest
management as specified in
14 CCR
§
897 and meet the following
requirements:
(1) The RPF shall state in the
Plan each Project type(s) that is being proposed (aspen or Meadows and Wet
Areas restoration).
(2) Each
Project type shall be shown on the Plan map, consistent with
14 CCR
§
1034(x), and at a
scale that shows the locations of planned operations.
(3) The RPF shall describe the extent of the
area proposed for harvesting or treatment and the types of harvesting or
treatments.
(4) The RPF shall
describe the condition of aspen stands, Meadows and Wet Areas in the Project
area.
(A) For aspen stands, the condition
description shall include, but is not limited to, the determination of whether
the aspen stands are upland aspen stands or Riparian aspen stands; spatial
extent, Species composition, and stand structure (including
Overstory/Understory coverage and whether a stand is pure aspen or mixed with
conifer) of the Project area; and the relationship of the Project area to other
known aspen stands in the Planning Watershed or biological assessment
area.
(B) For Meadows and Wet
Areas, the condition description shall include spatial extent, Species
composition, and stand structure (including Overstory/Understory coverage) of
the Project area; relevant Watercourse condition factors stated in Board
Technical Rule Addendum #2; and other factors indicative of Meadows and Wet
Areas geomorphic and hydrological functions.
(5) The RPF shall state the Project goals and
the measures of success for the proposed aspen or Meadows, and Wet Areas
restoration Project. For purposes of this subsection, measures of success means
criteria related to a physical condition that can be measured using
conventional forestry equipment or readily available technology to indicate the
level of accomplishment of the Project goals.
(A) Aspen, or Meadows, and Wet Areas Project
goals and measures of success shall be based on the condition assessment
required in
14 CCR
§§
913.4,
933.4, and
953.4, subsection (e)(4), and
identification of problematic aspen, Meadows, and Wet Areas conditions and
their agents/causes. Information shall include a description of factors that
may be putting aspen stands, or Meadows and Wet Areas at risk, and presence of
any unique physical conditions. Projects shall be designed to contribute to
rectifying factors that are limiting restoration, to the extent
Feasible.
(6) For
Projects of twenty (20) acres or less in size, the RPF has the option to not
include the requirements of
14 CCR
§§
913.4,
933.4, and
953.4, subsections (e)(4) and (5)
if the RPF consults with CDFW prior to Plan submittal and, if wet areas are
proposed, the RPF shall also consult with the appropriate RWQCB in those
locations where the applicable basin Plan identifies wet areas as a Beneficial
Use. The results of the consultation(s) shall be included in the
Plan.
(7) The Department shall
review post-harvest field conditions of the portions of Plans using the aspen,
Meadows and Wet Areas restoration silvicultural prescription and prepare a
monitoring report every five (5) years for the Board. The monitoring report
shall summarize information on use of the prescription including:
(i) the level of achievement of the measures
of success as stated in the Plan per
14 CCR
§§
913.4,
933.4, and
953.4, subsection
(e)(5);
(ii) any post harvest
adverse environmental impacts resulting from use of the prescription;
(iii) any regulatory compliance issues,
and;
(iv) any other significant
findings resulting from the review. The review shall include photo point
records.
(8) Exemptions
from other FPRs:
(A) Silvicutural standards
for opening size, adjacency requirements, or conifer Stocking Standards in 14
CCR §§ 913.1-913.3, 933.1-933.3, and 953.1-953.3;
14 CCR
§§
913.6,
933.6, and
953.6; and
14 CCR
§
913.8 do not apply to use of this
prescription.
(B) Minimum Resource
Conservation Standards in
14 CCR
§§
912.7,
932.7, and
952.7 do not apply to use of this
prescription.
(C) For purposes of
this prescription, Timberland productivity and MSP requirements as stated in
14 CCR
§§
913.10,
933.10, and
953.10; and
14 CCR
§§
913.11,
933.11, and
953.11 are compatible with
implementing actions that contribute to attaining the measures of success
approved by the Department for this prescription.
(f) White and Black Oak Woodland Management.
Timber harvest within certain deciduous oak woodlands, forests, and savannahs
as described herein may occur as necessary to restore or conserve the
ecological, cultural, and economic values of these historically oak-dominated
stands. The Silviculture shall be designed to reduce water, light, and nutrient
competition from Group A Species in order to promote the sustained viability of
Oregon white oak and California black oak stands. Group B Species including
white and black oaks may also be harvested. The use of this prescription shall
be designed to balance the contribution of resource values attributable to
Oregon white oak and California black oak stands with the other goals of forest
management specified in
14 CCR
§
897, and shall meet the following
requirements:
(1) The prescription may be
applied to stands in which Oregon white oak (Quercus garryana)
and/or California black oak (Quercus kelloggii) meet or
exceed, preharvest, an average of 35 square feet of Basal Area Per
Acre.
(2) The RPF shall provide a
description of the stand for which the special prescription is to be applied
including:
(A) An estimate, by Species, of
pre-harvest stand composition, Diameter distribution, and basal area.
(B) A description of natural and any known
anthropogenic factors conducive to Oregon white oak and/or California black oak
historic and sustained occupancy of the site. This may include discussion of
climate, soil, light, aspect, fire regime, management practices, or other
relevant factors.
(C) A description
of any apparent or known trend in changing stand composition occurring over
time and the factors likely to be contributing to this
trend.
(3) The RPF shall
provide a description of the planned post-harvest stand condition including, by
Species, desired stand composition, Diameter distribution, and basal
area.
(4) The RPF shall describe
what trees are to be harvested and the method by which those trees shall be
identified, as well as any special instructions to the LTO regarding measures
to be taken to protect residual oak trees during Timber Operations. If trees
are to be identified by the method of Marking, they shall be marked by, or
under the supervision of, an RPF prior to harvest. A sample area must be marked
prior to the preharvest inspection for evaluation. The sample area shall
include at least 10% of the Harvest Area to a maximum of 10 acres per stand
type which is representative of the range of conditions present in the area.
The Director may waive the requirements for the remainder of the area when
explained and justified by the RPF in the THP.
(5) The RPF shall describe how the boundaries
of the special prescription shall be identified and, prior to the preharvest
inspection, the special prescription boundaries shall be identified on the
ground, under the supervision of an RPF.
(6) Decadent and Deformed Trees of Value to
Wildlife shall be retained unless they pose a safety hazard or are explained
and justified by the RPF as to why removal is necessary to facilitate Timber
Operations or the objectives of the harvest or special prescription.
(7) Immediately upon completion of Timber
Operations, the post-harvest stand shall contain Oregon white oak and/or
California black oak Stocking levels that meet or exceed an average of 35
square feet of Basal Area Per Acre.
(8) Immediately upon completion of Timber
Operations, Group A Species shall not exceed 50% of the combined Group A and B
Species post-harvest stand basal area. Oregon white oak and/or California Black
oak Stocking levels shall not be reduced proportionally relative to Group A
Species as a result of the harvest.
1.
Editorial correction (Register 78, No. 45).
2. Repealer and new
section filed 1-11-83; effective thirtieth day thereafter (Register 83, No.
3).
3. Amendment of subsection (a) and NOTE filed 11-27-91;
operative 12-27-91 (Register 92, No. 25).
4. Amendment of section
heading and section filed 1-7-94; operative 3-1-94 (Register 94, No.
1).
5. New subsection (c) filed 11-19-97; operative 1-1-98 (Register
97, No. 47).
6. New subsections (d)-(d)(16) filed 12-1-2003;
operative 1-1-2004 pursuant to Public Resources Code section
4551.5
(Register 2003, No. 49).
7. New subsections (e)-(e)(8)(C) and
amendment of NOTE filed 10-6-2011; operative 1-1-2012 pursuant to Public
Resources Code section
4551.5
(Register 2011, No. 40).
8. New subsections (f)-(f)(8) and amendment
of NOTE filed 9-8-2016; operative 1-1-2017 pursuant to Public Resources Code
section
4554.5
(Register 2016, No. 37).
9. Change without regulatory effect
amending section filed 12-20-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 51).
10. Amendment of subsections
(b)(1)-(c) filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources
Code section
4554.5(a)
(Register 2019, No. 46).
11. Amendment of subsections (e)-(e)(1),
(e)(4)(A)-(e)(5)(A) and (e)(7) filed 7-29-2022; operative 1-1-2023 pursuant to
Public Resources Code section
4554.5(a)
(Register 2022, No. 30).
Note: Authority cited: Sections
4551
and
4553,
Public Resources Code. Reference: Sections
4512,
4551.5,
4561,
4561.2,
4582
and
4582.5,
Public Resources Code.
