Current through 2024-13, March 27, 2024
A.
Scope and Purpose. The
Regulations in Parts 3 and 4 hereof implement 12 MRSA §1018. They define
silvicultural practices which are considered to minimize susceptibility and
vulnerability to future budworm infestations. These standards are based on the
best current knowledge about the budworm's behavior, and may be revised as more
knowledge accumulates.
B.
The
silvicultural plan. A silvicultural plan shall be submitted with each
application for silvicultural treatment designation, containing a forest type
map, a general long-term silvicultural strategy, and a specific plan to
operations through the calendar year 1981, for the parcels in question. The
plan must be submitted by a professional forester, registered in Maine under 32
MRSA §§ 5001-5019.
C.
Elements of the silvicultural plan
1.
The forest type map. The
forest type map shall be drawn to scale, and shall indicate forest types of
more than 10 acres classified according to species composition, age or height
of trees, and stocking or crown density levels. Areas of less than 10 acres
need not be identified as distinct forest types. The type map shall be updated,
and shall be based on cruise data no more than 10 years old. In the event the
Director finds such maps to be unreasonably inaccurate with respect to the
actual composition, age or height, and stocking levels, then he may require the
applicant to prepare new maps which he deems accurate.
2.
The long-term silvicultural
strategy. A description of long-term silvicultural strategy shall be
submitted for the parcels of land under consideration, indicating in general
terms how the species composition performance goal will be met. The long-term
strategy shall state whether timber types are to be managed on an even-aged or
multiple-aged basis, and shall describe the general management approach to be
employed. If the stands currently meet the performance goals as set up by these
rules, a statement shall be included stating how the goals will be maintained.
As a part of this long-term strategy a table shall be included which shows the
current percentage of fir by stand type and what percentage will be achieved by
1981. Also this table shall show the average age of the trees in the stands.
Specific dates of planned operations need not be given in the long-term
strategy.
3.
The operating
plan. An operating plan shall be submitted describing specific
silvicultural operations, such as plantings, thinnings, final harvesting, etc.,
to be undertaken in the years through 1981, and indicating the areas in which
these operations are to be performed. These operations shall be supportive of
the general long-term silvicultural strategy.
4.
Modifications. The
silvicultural plan may be modified when acts of God, such as insect damage,
fire, windstorms, etc., make such modifications desirable or necessary. In this
event, the applicant may submit a new silvicultural plan to the Director,
Bureau of Forestry, with an explanation of why modification of the original
plan has been made desirable or necessary. Approval or denial of the modified
plan shall be on the same basis as that applying to new plans.
5.
Sale of Property. Upon sale
or other disposal of the property, the Director, Bureau of Forestry shall be
notified.
D.
The
species composition performance goal. The fir content in each forest
type (as defined in Part 4C, expressed as a percent of total gross merchantable
volume, shall be reduced according to the following specifications, and the
reduction shall be accomplished within 30 years:
1.
Fir mixed with host species
a. If a forest type, classified as fir mixed
with host species as defined in 3E, presently comprises more than 40% fir, the
gross merchantable volume of fir in that forest type shall be reduced to a
percent of the total gross merchantable volume in the forest type, which is 20
percentage points below the original percentage. (Example: If the forest type
now comprises 75% fir, the fir content shall be reduced to 55% of the total
forest type volume).
b. If the
timber type presently comprises 40% or less fir, the fir content shall be
reduced to 20% of the total timber type volume.
c. If the forest type presently comprises 20%
or less fir, no further reduction in fir content is necessary; plans shall
attempt to show how the percentage of fir will be maintained at or below this
goal.
2.
Fir mixed
with nonhost species. These stands will be considered eligible if the
plan shows that these stands will not develop into a heavy (in excess of 5O% of
the total gross merchantable volume) fir stocking within 20 years. If it is
possible for a heavy fir stand to develop the plan shall show how this will be
corrected to meet the goal.
E.
Acceptable Silvicultural
Operations
1.
Even-aged
management
a. Any type of renewal
cutting in an even-aged management system is acceptable provided that the
following regeneration standard is met:
Within 3 years after completion of the renewal cutting, at
least 40% of randomly located milacre plots shall contain at least one seedling
or sapling of a commercial species other than fir. To be counted, hardwood
seedlings shall be at least 1' tall, and softwood seedlings shall be at least
6" tall, and saplings shall have a maximum dbh of 4.5". Seedlings and saplings
shall be thrifty and capable of responding to release.
b. Any type of thinning in an even-aged
management system is acceptable provided that the method to be employed is
identified in the application and is part of the long-term silvicultural
strategy designed to meet the species composition performance goal.
2.
Type conversion through
artificial regeneration
a. Conversion
from a softwood to a hardwood forest type will not qualify the area for
silvicultural treatment designation. However, it may lead to reclassification
of the area under the Tree Growth Tax Law, and hence exemption from the budworm
excise tax.
b. Conversion from a
spruce-fir type to conifers other than fir is acceptable provided that the type
conversion meets the regeneration standard of Part 4E (1) and is part of a
long-term strategy designed to meet the performance goal. The long-term
strategy shall provide for control of volunteer fir regeneration if
necessary.
3.
Multiple-aged management
Any long-term silvicultural plan designed to create or
perpetuate forest types with more than one age class is considered a
multiple-aged management system. A cutting operation in a multiple-aged system
will be acceptable provided that:
a.
It attempts to eliminate all live fir with dbh 7" or greater;
b. It leaves a residual stocking of at least
5 cords/acre in trees of commercial species. If the residual stocking is less
than this, the operation shall be considered an even-aged renewal cutting, and
the regeneration standard shall be applied;
c. The cutting interval for multiple-aged
management shall be no more than 25 years, inclusive of the year in which the
operation is commenced.
F.
Approval
Designation as a silvicultural treatment area shall only be
granted under the following circumstances:
An application for silvicultural treatment designation is
made, including a forest type map and long-term silvicultural plan as required
by Regulations 4C (1) and 4C (2); and either
1. the forest types already have fir contents
meeting the requirements of the species composition performance goal, and the
long-term silvicultural plan provides for maintaining the fir content at or
below the required levels; or
2. an
operating plan is submitted providing for acceptable silvicultural operations
to be carried out on the area by 1981.
Silvicultural treatment designation shall not be granted for
a forest type which does not presently meet the species composition performance
goal if not acceptable silvicultural operations will be carried out in the type
before 1981.
G.
Amendments
1.
Application. An applicant for silvicultural treatment designation
may request that an amendment to the regulations be made to allow practices
which do not meet the requirements or regulations 4E (1) - (3). The request for
an amendment shall be made in writing to the Director, Bureau of Forestry, and
shall contain:
a. A timber type map,
long-term silvicultural plan, and operating plan as provided for in Regulations
4C (1)-(3).
b. Documentation
showing that the operations contained in the operating plan, which do not
conform to Regulations 4E (1)-(3), will lead to fulfillment of the species
composition performance goal.
2.
Amendment
The Director of the Bureau of Forestry may amend the rules
for silvicultural treatment designation, with the approval of the Spruce-Fir
Silviculture Committee, as provided for in 12 MRSA, Sections
1021-1023,
