Cal. Code Regs. Tit. 14, § 1052.2 - Emergency Substantiated by RPF
The RPF preparing the Notice of Emergency Timber Operations shall describe the nature of the Emergency and the need for immediate cutting in sufficient detail so that the reason for the Emergency is clear. An Emergency is presumed to exist where:
(a) Trees or vegetation have been confirmed
to be infected with the pathogen that causes Sudden Oak Death through testing
by a lab certified by the United States Department of Agriculture, and the RPF
has determined that the pathogen is likely to spread to adjacent trees or
vegetation, or
(b) Tree killing
insects have killed and are likely to kill trees within one year on Timberland.
Trees will be considered likely to die when they are determined, by an RPF, to
be high risk by either:
(1) Risk
classification systems including Smith et al., 1981; The California pine
risk-rating system: its development, use, and relationship to other systems; In
Hazard-Rating Systems in Forest Insect Pest Management, Hedden et al., eds.
USDA Forest Service General Technical Report WO-27, pp. 53-69; Ferrell. 1989;
Ten-year risk-rating systems for California Red Fir and White Fir: development
and use; USDA Forest Service General Technical Report PSW-115, 12p.; or similar
risk-rating systems recognized by the profession; or
(2) Where evidence of a current beetle attack
exists (i.e. existence of boring dust, woodpecker feeding, or recent top kill)
and these trees are within 100 feet of multiple tree kills. Such trees shall be
marked by an RPF or the Supervised Designee before felling.
Notes
2. Amendment filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
3. Reinstatement of section as it existed prior to 5-3-89 emergency amendment, filed 1-15-91 by operation of Government Code section 11346.1 (Register 91, No. 7).
4. Amendment of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
5. Amendment filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Amendment of section and NOTE 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 A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of HISTORY 7 (Register 2011, No. 20).
9. Amendment of section and NOTE 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.
10. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
11. Amendment of section and NOTE filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
12. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
Note: Authority cited: Sections 4551, 4552 and 4554, Public Resources Code. Reference: Sections 4592, 4750, 4750.3 and 4750.4, Public Resources Code.
2. Amendment filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
3. Reinstatement of section as it existed prior to 5-3-89 emergency amendment, filed 1-15-91 by operation of Government Code section 11346.1 (Register 91, No. 7).
4. Amendment of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
5. Amendment filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Amendment of section and Note 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.
8. Editorial correction of History 7 (Register 2011, No. 20).
9. Amendment of section and Note 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.
10. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
11. Amendment of section and Note filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
12. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The RPF preparing the Notice of Emergency Timber Operations shall describe the nature of the Emergency and the need for immediate cutting in sufficient detail so that the reason for the Emergency is clear. An Emergency is presumed to exist where:
(a) Trees or vegetation have been confirmed to be infected with the pathogen that causes Sudden Oak Death through testing by a lab certified by the United States Department of Agriculture, and the RPF has determined that the pathogen is likely to spread to adjacent trees or vegetation, or
(b) Tree killing insects have killed and are likely to kill trees within one year on Timberland. Trees will be considered likely to die when they are determined, by an RPF, to be high risk by either:
(1) Risk classification systems including Smith et al., 1981; The California pine risk-rating system: its development, use, and relationship to other systems; In Hazard-Rating Systems in Forest Insect Pest Management, Hedden et al., eds. USDA Forest Service General Technical Report WO-27, pp. 53-69; Ferrell. 1989; Ten-year risk-rating systems for California Red Fir and White Fir: development and use; USDA Forest Service General Technical Report PSW-115, 12p.; or similar risk-rating systems recognized by the profession; or
(2) Where evidence of a current beetle attack exists (i.e. existence of boring dust, woodpecker feeding, or recent top kill) and these trees are within 100 feet of multiple tree kills. Such trees shall be marked by an RPF or the Supervised Designee before felling.
Notes
2. Amendment filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
3. Reinstatement of section as it existed prior to 5-3-89 emergency amendment, filed 1-15-91 by operation of Government Code section 11346.1 (Register 91, No. 7).
4. Amendment of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
5. Amendment filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Amendment of section and NOTE 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.
8. Editorial correction of HISTORY 7 (Register 2011, No. 20).
9. Amendment of section and NOTE 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.
10. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
11. Amendment of section and NOTE filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
12. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
Note: Authority cited: Sections 4551, 4552 and 4554, Public Resources Code. Reference: Sections 4592, 4750, 4750.3 and 4750.4, Public Resources Code.
2. Amendment filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-89.
3. Reinstatement of section as it existed prior to 5-3-89 emergency amendment, filed 1-15-91 by operation of Government Code section 11346.1 (Register 91, No. 7).
4. Amendment of section filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
5. Amendment filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
6. Amendment filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Amendment of section and Note 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.
8. Editorial correction of History 7 (Register 2011, No. 20).
9. Amendment of section and Note 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.
10. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
11. Amendment of section and Note filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
12. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).