California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 5 - Northern Forest District Rules
Article 9 - Forest Insect and Disease Protection Practices
Section 939.16 - Late Succession Forest Stands

Universal Citation: 14 CA Code of Regs 939.16

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(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 14 CCR § 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 Stands 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 LongTerm 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 § 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 LongTerm Significant Adverse Effects on fish, wildlife, and listed plant Species known to be primarily associated with Late Succession Forest Stands within the Planning Watersheds.

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history, see Register 92, No. 40.
2. Amendment of subsection (a)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
3. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).

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; and 50 CFR 17.11.

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