Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The RPF
preparing the Emergency Notice shall do all of the following:
(1) provide as part of the Emergency Notice
the certified lab testing results validating that trees or vegetation in the
infestation area are infected with Phytophthora ramorum, the
pathogen responsible for SOD;
(2)
seek to encompass the entire infestation area and landownership(s) necessary to
undertake effective control or eradication in the area covered by the Emergency
Notice, however, the Emergency Notice is not required to encompass these
areas;
(3) obtain written
concurrence from a Department Forest Pest Specialist or Department designee
regarding tree and vegetation treatments or removal and strategies to control
or suppress the SOD infestation pursuant to
14 CCR
§
1052.5(c);
(4) designate for treatment or removal the
host hardwood Species in the infested areas and within 330 feet of the
infestation area to control the spread of SOD consistent with Forest Pest
Specialist concurrence in (3) above;
(5) avoid designation of conifer trees for
treatment or removal except as necessary to facilitate the removal of host
hardwood Species, the salvage of conifer trees accidentally damaged during
Timber Operations, or as specified by a Department Forest Pest Specialist for
purposes of controlling the spread of SOD.
(b) Timber Operations conducted in accordance
with 14
CCR §
1052.5(a) above
shall comply with all Rules and regulations of the Board. A Person conducting
Timber Operations under an Emergency Notice for Outbreaks of Sudden Oak Death
Disease shall comply with all operational provisions of the Forest Practice Act
applicable to a Plan as defined in
14 CCR
§
895.1 with the following exceptions or
additional requirements:
(1) The RPF shall
provide written proof of notification regarding the proposed submission of an
Emergency Notice for SOD eradication to the NMFS, CDFW, USFWS, and the
applicable RWQCB. Written notification shall be received by NMFS, CDFW, USFWS,
and the applicable RWQCB at least 10 working days prior to submission of the
Emergency Notice.
(2) Tree and
vegetation removal or treatment within WLPZ areas shall be permitted and
limited to symptomatic hardwood trees and shrubs that are infested with SOD or
host hardwood trees that will continue to contribute to the spread of SOD.
Conifer trees shall not be removed in WLPZs.
(3) WLPZ harvesting restriction for Class I
and II Watercourse pursuant to
14 CCR
§
916.3 [936.3, 956.3], subsection (f)
do not apply.
(4) Timing and
methods of operations shall avoid impacts to state and federally Listed
Species. Below are required practices to avoid or minimize adverse effects to
state and federally Listed Species to comply with the federal Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The
practices are designed to reduce adverse impacts to Listed Species, but do not
guarantee that activities will not result in "take".
(A) The RPF preparing the Emergency Notice
shall evaluate and incorporate habitat requirements for fish, wildlife, and
plant Species using the California Natural Diversity Database maintained by the
CDFW, local knowledge of the Planning Watershed, and consultation with the
Department regarding other Plans in the Emergency Notice area.
(B) RPFs shall contact the appropriate United
States Fish and Wildlife Service field offices websites to obtain preliminary
Species lists and determine which Species may be in the area and possibly
affected by Timber Operations.
(C)
The following general practices for protection of Species shall be implemented
in all areas:
(i) The exact location of
harvesting sites and methods shall be adjusted to minimize the temporary or
permanent impacts to critical habitat for any federally-Listed Species. Access
roads, staging areas, and Landings shall be located to avoid Species habitats
and designated critical habitat.
(ii) Clearly visible flagging or temporary
fencing shall be placed around habitat or around designated Logging Roads,
Landings, and staging areas to ensure vehicles and equipment remain within
well-defined Project boundaries.
(iii) Timber Operations shall avoid impacting
streambeds and banks in Channel Zones or other portions of the WLPZ for all
Watercourses to the extent Feasible, consistent with
14 CCR
§§
916.3(c),
916.4(d) and
916.9(e). The
restrictions for Timber Operations in Channel Zones pursuant to
14 CCR
§
916.9(e) are herein
modified to permit timber falling, removal consistent with this subsection, or
other treatments of trees and other vegetation symptomatic of the pathogen that
causes Sudden Oak Death or host hardwood trees that could spread the
pathogen.
(iv) All trash that may
attract predators of federally-Listed Species shall be removed from work sites
or completely secured at the end of each work day.
(v) If a federally-listed animal Species is
observed within a designated work area and cannot be avoided, all work shall
stop until the animal leaves the work area.
(vi) No Timber Operations shall be conducted
on Saturated Soil Conditions.
(vii)
No tree felling operations from July 15 to September 30 that reduce Overstory
Canopy cover in WLPZs.
(viii) No
Mechanical Site Preparation, broadcast burning, or pile burning in all
WLPZs.
(ix) Operations shall be
conducted in accordance with conditions stated in
14 CCR
§
1038 (b)(1), (2), (3), (4), (5), (6), (7), (8), and
(10).
(5) Where present prior to the start of
Timber Operations, post harvest Stocking Standards specified in
14 CCR
§
912.7 [932.7, 952.7], subsection
(b)(2) shall be met with group A Species. Where Stocking of Group A Species is
not sufficient to meet the Stocking Standards of
14 CCR
§
912.7 [932.7, 952.7], subsection
(b)(2), post treatment Stocking shall meet those stated in
14 CCR
§
913.4 [933.4, 953.4], subsection (b),
Rehabilitation of Understocked Area Prescription. The percentage of Stocking
requirements met with Group A Species on a point count basis shall be no less
than the percentage of the basal area they comprised before
harvesting.
(6) The Department
shall track the number of Emergency Notices for outbreaks of SOD, the acreage
treated under the notices, and the WLPZ acreage treated under the notices, and
report the results to the Board bi-annually.
(c) The RPF shall describe the strategies
employed which will be utilized to control or suppress the SOD infestation on
the Harvest Area along with those measures to be used to minimize the risk of
spreading Phytophthora ramorum from the Logging Area by way of
infected soil and infected host material. In developing such strategies, the
RPF shall draw from the list of Mitigation and Management Recommendations in
the California Oak Mortality Task Force publication Sudden Oak Death Guidelines
for Forestry (rev. August 2010),,
https://bof.fire.ca.gov/media/cg2dgsyy/ada-august-2010-sudden-oak-death-guidelines-for-forestry.pdf
hereby incorporated by reference.
1. New
section filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No.
28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or
emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section
11346.1(g)
(Register 2011, No. 6).
3. New section filed 2-7-2011 as an
emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of
Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be
repealed by operation of law on the following day.
4. Editorial
correction of section heading (Register 2011, No. 8).
5. Editorial
correction of HISTORY 3 (Register 2011, No. 20).
6. New section
refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A
Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency
language will be repealed by operation of law on the following
day.
7. Repealed by operation of Government Code section
11346.1(g)
(Register 2012, No. 41).
8. New section filed 11-6-2012; operative
1-1-2013 pursuant to Public Resources Code section
4554.5(a)
(Register 2012, No. 45).
9. Change without regulatory effect
amending subsections (b)(1) and (b)(4)(A) filed 2-17-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 7).
10. Change without regulatory
effect amending section filed 10-31-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 44).
11. Change without regulatory
effect amending subsections (a)(1) and (c) filed 8-1-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 31).
Note: Authority cited: Sections
4551
and
4592,
Public Resources Code. Reference: Sections
4513,
4551.5,
4552,
4553,
4554,
4561,
4562,
4584,
4592,
4750,
4750.3,
4750.4,
21001(f)
and
21080(b)(4),
Public Resources Code.
