§ 952.7. Resource Conservation Standards for Minimum Stocking.

The following resource conservation standards constitute minimum acceptable stocking in the Southern Forest District after timber operations have been completed.

(a) Rock outcroppings, meadows, wet areas, or other areas not normally bearing commercial species shall not be considered as requiring stocking and are exempt from such provisions.

(b) An area on which timber operations have taken place shall be classified as acceptably stocked if either of the standards set forth in (1) or (2) below are met within five (5) years after completion of timber operations unless otherwise specified in the rules.

(1) An area contains an average point count of 300 per acre on Site I, II and III lands or 150 on Site IV and V lands to be computed as follows:

(A) Each countable tree [Ref. PRC § 4528(b)] which is not more 4 inches d.b.h. counts 1 point.

(B) Each countable tree over 4 inches and not more than 12 inches d.b.h. counts 3 points.

(C) Each countable tree over 12 inches d.b.h. counts 6 points.

(D) Root crown sprouts over 1 foot in height will be counted, using the average stump diameter at 1 foot above the average ground level of the original stump, counting 1 sprout for each foot of stump diameter to a maximum of 6 per stump.

(2) The average residual basal area, measured in stems 1 inch or larger in diameter, is at least 85 square feet per acre on Site I lands and 50 square feet per acre on lands of Site II classification or lower. Site classification shall be determined by the RPF who prepared the plan.

(3) To the extent basal area standards are specified in the rules in excess of 14 CCR § 952.7(b)(2), up to 15 square feet of basal area of those standards higher than the minimum may be met by counting snags, and decadent or deformed trees of value to wildlife in the following sizes:

(A) 30 inches or greater dbh and 50 feet or greater in height on site I and II lands;

(B) 24 inches or greater dbh and 30 feet or greater in height on site III lands; and

(C) 20 inches or greater dbh and 20 feet or greater in height on site IV and V lands.

(c) The substitution provided for in 14 CCR § 952.7(b)(3) may only be done when the potential spread of insects and diseases will not have a significantly adverse impact on long term productivity or forest health.

(d) The resource conservation standards of the rules may be met with Group A and/or B commercial species. The percentage of the stocking requirements met with Group A species shall be no less than the percentage of the stand basal area they comprised before harvesting. The site occupancy provided by Group A species shall not be reduced relative to Group B species. When considering site occupancy, the Director shall consider the potential long term effects of relative site occupancy of Group A species versus Group B species as a result of harvest. if Group A species will likely recapture the site after harvest, Group B species do not need to be reduced. The time frames for recapturing the site shall be consistent with achieving MSP. The Director may prohibit the use of Group A and/or B commercial species which are non-indigenous or are not physiologically suited to the area involved. Exceptions may be approved by the Director if the THP provides the following information and those exceptions are agreed to by the timberland owner:

(1) Explain and justify with clear and convincing evidence how using Group A nonindigenous, or Group B species to meet the resource conservation standards will meet the intent of the Forest Practice Act as described in PRC § 4513. The discussion shall include:

(A) the management objectives of the post-harvest stand;

(B) a description of the current stand, including species composition and current stocking levels within the area of Group B species. The percentage can be measured by using point-count, basal area, stocked plot, or other method agreed to by the Director.

(C) the percentage of the post-harvest stocking to be met with Group B species. Post harvest percentages will be determined on the basis of stocked plots. Only the methods provided by 14 CCR §§ 1070-1075 shall be used in determining if the standards of PRC § 4561 have been met.

(D) a description of what will constitute a countable tree, as defined by PRC § 4528 for a Group B species and how such a tree will meet the management objectives of the post-harvest stand.

The Director, after an initial inspection pursuant to PRC § 4604 shall approve use of Group B species, as exceptions to the pre-harvest basal area percentage standard, if in his judgement the intent of the Act will be met, and there will not be an immediate significant and long-term harm to the natural resources of the state.

HISTORY

1. New Note filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).

2. Editorial correction of Note filed 12-2-82 (Register 82, No. 49).

3. Editorial correction filed 8-29-84; effective thirtieth day thereafter (Register 84, No. 35).

4. Amendment filed 9-9-88; operative 10-9-88 (Register 88, No. 38).

5. Amendment of subsections (c)-(c)(1) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).

6. Amendment of subsection (c) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).

7. Amendment of subsections (b)(1)(A)-(B), new subsection (b)(3)-(c) and subsection relettering filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).

8. Change without regulatory effect amending subsections (b)(3) and (c) filed 11-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 48).

Note

Note: Authority cited: Sections 4551, 4553 and 4561.1, Public Resources Code. Reference: Sections 4561 and 4561.1, Public Resources Code.