Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 149.330, 149.334, 149.342, 149.344,
149.346
NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.334 authorizes the
cabinet to promulgate administrative regulations relating to KRS 149.330 to
149.355, the Kentucky Forest Conservation Act. KRS 149.342(3) requires the
cabinet to specify the requirements for the Master Logger Program and KRS 149.342(4) requires the cabinet to specify the requirements for a temporary
master logger designation. This administrative regulation establishes the
education and training requirements for the master logger program and the
requirements for the temporary master logger designation.
Section 1. Master logger program training
course. The master logger program training course shall consist of three (3)
one (1) day sessions covering the following topics:
(1) Information on the environmental impacts
of timber harvesting operations and the use of best management practices to
reduce or eliminate potential adverse effects of timber harvesting operations
on water quality;
(2) Laws and
administrative regulations impacting logging operations; and
(3) Professional logger safety
education.
Section 2.
Registration form and fee. A person wishing to attend the master logging
program training course shall complete and file a Kentucky Master Logger
Registration Form accompanied by a fee of eighty-five (85) dollars.
Section 3. Designation as master logger. A
person who successfully completes the master logger program training course
shall be designated a master logger. This designation shall be for a period of
three (3) years from the date of completion of the course.
Section 4. Designation card.
(1) The Division of Forestry shall issue a
wallet-sized master logger designation card to a person who successfully
completes the master logger program training course.
(2) The division shall issue a designation
card to a person who has previously completed the master logger program in
accordance with KRS 149.342(7).
(3)
The master logger in charge of a timber harvesting operation shall maintain a
current master logger designation card, along with a photo identification card
such as a driver's license, on his person at all times when he is on the timber
harvesting operation site.
Section
5. Reciprocity. A person who has successfully completed a program
in another state which is equivalent to the master logger program training
course under Section 1 of this administrative regulation may apply for the
issuance of a designation card under Section 4 of this administrative
regulation by filing a Kentucky Master Logger Reciprocity Application Form and
paying a fee of fifty (50) dollars. The division shall determine that the
program is equivalent and that the person successfully completed the program
prior to issuing a designation card under Section 4 of this administrative
regulation.
Section 6. Continuing
education requirements.
(1) A person who
wishes to renew his master logger designation card shall complete six (6) hours
of continuing master logger education every three (3) years. Continuing master
logger education shall consist of one (1) or more of the following subjects:
forest management, silviculture, forest health, ecosystem management, timber
harvesting, laws and administrative regulations relating to timber harvesting
and water quality, logging safety, or advanced best management
practices.
(2) Application for
renewal and fee. A person wishing to renew a master logger designation and
receive a current card shall prior to expiration of the current designation
card:
(a) Complete the continuing education
requirements established in subsection (1) of this section;
(b) File a Kentucky Master Logger Renewal
Form; and
(c) Pay a fee of
twenty-five (25) dollars.
Section 7. Revocation of designation as
master logger. The cabinet shall revoke the designation card of a master logger
who fails to timely apply for renewal, or to comply with the continuing
education requirements established in Section 6 of this administrative
regulation. The cabinet shall remove the name of the master logger from the
list maintained by the division pursuant to KRS 149.342(6).
Section 8. Reinstatement of designation. A
person whose master logger designation has been revoked shall attend and
successfully complete the master logger training course established under
Sections 1 and 2 of this administrative regulation in order to have his
designation as a master logger reinstated.
Section 9. Kentucky temporary master logger.
(1) A person who wishes to be designated a
Kentucky temporary master logger shall:
(a)
Submit a Kentucky Temporary Master Logger Designation Form and pay a fee of
fifty (50) dollars; and
(b)
Register and pay the applicable fee in accordance with Section 2 of this
administrative regulation for a three (3) day Kentucky master logger training
program, or an approved equivalent reciprocal training program, scheduled to be
held within four (4) months after the date of registration for the training
program.
(2)
(a) The applicant shall be designated a
Kentucky temporary master logger upon issuance of the Kentucky temporary master
logger designation card by the Division of Forestry, and may then begin serving
as the temporary master logger on-site and in charge of timber harvesting
operations.
(b) The designation
card shall state the name and address of the person designated, the date of
issuance, and the date of expiration of the designation.
(c) The Kentucky temporary master logger
designation shall expire four (4) months from the date of issuance. A renewal
shall not be issued. A person shall not receive more than one (1) Kentucky
temporary master logger designation in his lifetime.
(d) The Kentucky temporary master logger in
charge of a timber harvesting operation shall maintain a valid Kentucky
temporary master logger designation card, along with a photo identification
card such as a driver's license, on his person at all times when he is on the
timber harvesting operation site.
(3)
(a) The
logger or operator of a timber harvesting operation who uses a Kentucky
temporary master logger shall, prior to beginning the harvest, notify the
appropriate local regional office of the Division of Forestry of each operation
on which the temporary master logger will be on-site and in charge.
(b) Notification shall be made by letter,
facsimile, email, telephone conversation, or in person. A message left on an
answering machine or voice mail service shall not constitute valid
notification.
(c) In the
notification, the logger or operator shall identify the anticipated date of
harvest and the location of the timber harvesting site in sufficient detail to
enable the division to locate the site in the field. The location shall be
identified in at least one of the following ways:
1. Provide the name of the landowner, the
county, and the latitude and longitude of the site to the nearest one-tenth
(1/10) of a minute or the UTM (Universal Transverse Mercator) coordinates to
the nearest 100 meters;
2. Provide
the name of the landowner, the county, and a USGS (United States Geological
Survey) 7.5-minute topographic quadrangle map or reproduction thereof, marked
to show the name of the quadrangle map, the map scale, the north arrow, and the
exact location of the site; or
3.
Provide the name of the landowner, the county, the nearest named community and
the approximate distance and direction from the community to the site, the name
and number of the nearest highway or street, and a description of how to reach
the site from the nearest road intersection or other appropriate
landmark.
(d) The
cabinet shall revoke the designation of the Kentucky temporary master logger
on-site and in charge of timber harvesting operations if harvest activity is
started on the site before valid notification is provided in accordance with
this subsection.
(4) A
logger or operator who has started harvest activity without a Kentucky master
logger or Kentucky temporary master logger on site and in charge of harvest
activities shall not be eligible to receive a Kentucky temporary master logger
designation, and shall not begin to use a Kentucky temporary master logger on
the site.
Section 10.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Kentucky Master Logger Registration Form", March 2006;
(b) "Kentucky Master Logger Reciprocity
Application Form", November 1998;
(c) "Kentucky Master Logger Renewal Form",
March 1999; and
(d) "Kentucky
Temporary Master Logger Designation Form", March 2006.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Forestry,
627 Comanche Trail, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m.
STATUTORY AUTHORITY: KRS 149.334(5), 149.342(4),
(5)