Cal. Code Regs. Tit. 14, § 912.7 - Resource Conservation Standards for Minimum Stocking

The following resource conservation standards constitute minimum acceptable stocking in the Coast Forest District after Timber Operations have been completed.

(a) Rock outcroppings, Meadows and 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 two hundred (200) per acre on Site I and II lands, one hundred twenty-five (125) on Site III lands, or one hundred (100) on site IV and V lands. The point count to be computed as follows:

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

(B) Each countable tree over four (4) inches and not more than twelve (12) inches d.b.h. counts two (2) points.

(C) Each countable tree over twelve (12) inches d.b.h. counts as four (4) points.

(D) Root crown sprouts will be counted using the average stump diameter twelve (12) inches above average ground level of the original stump from which the sprouts originate, counting one sprout for each foot of stump diameter to a maximum of six (6) per stump.

(2) The average residual basal area measured in stems one (1) inch or larger in diameter, is at least eighty-five (85) square ft. per acre on Site I lands, and fifty (50) square ft. 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 § 912.7(b)(2), up to fifteen (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. The minimum size shall be twenty (20) inches or greater d.b.h. and twenty (20) feet or greater in height.

(c) The substitution provided for in 14 CCR § 912.7(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 at least:

(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 preharvest 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 longterm harm to the natural resources of the state.

(e) An RPF may propose an alternative stocking standard for any proposed regeneration method, intermediate treatment or special prescription.

(1) The proposed alternative shall not fall below resource conservation standards for minimum stocking described above. The proposed alternative stocking shall contribute to one (1) or more of the following forest health and ecological goals:

(A) Improved fire resilience; or

(B) Increased drought tolerance; or

(C) Improved forest pest and disease resistance; or

(D) Increased carbon sequestration rates and climate benefits related to forests and durable wood products; or

(E) Appropriate stocking for resilient forests in a changing climate; or

(F) Avoidance of large-scale disturbances which promote homogeneity in forests.

(2) The RPF shall describe the management objective for the stand, state the alternative stocking standard for the proposed regeneration method, intermediate treatment or special prescription and explain and justify the proposed alternative stocking standard by providing the following information:

(A) Site specific characteristics including site class, aspect, soil type, elevation, slope, understory shrub composition, and a general discussion of available water in the soil.

(B) Economic factors supporting the proposed alternative and associated risks if the alternative stocking is not implemented.

(C) A description of the current Harvest Area, including species composition and current Stocking measured using the applicable basal area method.

(D) A discussion of the projected post-harvest species composition and Stocking using the same measure of Stocking used for the description of the current stand.

(E) A discussion of how the proposed alternative stocking will contribute to the Board's forest health and ecological goals of 14 CCR § 912.7 (e)(1)(A) through (F).

(F) A description of stand maintenance and vegetation treatments that will be applied where necessary to ensure suitable resource conservation and site occupancy post-harvest.

(3) The proposed alternative stocking area shall be inspected on site by the Director. A sample Mark may be required based upon the type of harvest. The Director will verify on-site conditions and certify that the proposed alternative Stocking will contribute to one or more of the forest health and ecological goals identified in 14 CCR § 912.7 (e)(1)(A)-(F). The Director may approve the proposed alternative if the intent of the Act and the Rules will be met, and there will not be immediate or long-term significant harm to the natural resources of the state.

Notes

Cal. Code Regs. Tit. 14, § 912.7

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Editorial correction 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 subsection (c) and (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 subsection (c) filed 11-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 48).
9. Amendment of first paragraph and subsection (b), repealer and new subsections (b)(1)-(b)(1)(D), amendment of subsections (b)(2)-(b)(3)(C), new subsections (e)-(e)(3) and amendment of NOTE filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
10. Amendment of subsection (a) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).
11. Amendment of subsection (b)(3) and repealer of subsections (b)(3)(A)-(C) filed 11-30-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 48).

Note: Authority cited: Sections 4551, 4553, 4561.1 and 4561.2, Public Resources Code. Reference: Sections 4561, 4561.1 and 4561.2, Public Resources Code.

1. New Note filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Editorial correction 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 subsection (c) and (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 subsection (c) filed 11-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 48).
9. Amendment of first paragraph and subsection (b), repealer and new subsections (b)(1)-(b)(1)(D), amendment of subsections (b)(2)-(b)(3)(C), new subsections (e)-(e)(3) and amendment of Note filed 11-14-2019; operative 1/1/2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
10. Amendment of subsection (a) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).
11. Amendment of subsection (b)(3) and repealer of subsections (b)(3)(A)-(C) filed 11-30-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 48).