§ 1035.1. Registered Professional Forester Responsibility.
14 CA ADC § 1035.1Barclays Official California Code of Regulations
14 CCR § 1035.1
§ 1035.1. Registered Professional Forester Responsibility.
(1) The RPF preparing the Plan shall state in the THP the work which will be performed by the RPF plan preparer (beyond preparation of the THP and attending the pre-harvest inspection if requested by the Director), and any additional work requiring an RPF which the plan preparer does not intend to perform. This may include, but is not limited to, field work in identifying WLPZs or Special Treatment Areas, marking trees, or other activities. The RPF is only responsible for the activities set forth in the Plan when employed for that purpose, or required by Board rules. The RPF shall state whether or not they have been retained to provide professional advice throughout the Timber Operations.
(2) The RPF preparing the Plan shall, in writing, inform the plan submitter(s) of their responsibility pursuant to 14 CCR § 1035, and the timberland owner(s) of their responsibility for compliance with the requirements of the Act and where applicable, Board rules regarding site preparation, stocking, and maintenance of roads, landings, and erosion control facilities.
(b) Upon entering into an agreement to accept responsibility for any part of the preparation or implementation of a Plan or any work beyond the preparation of a Plan, including providing professional advice, the responsible RPF(s) shall disclose to the real party of interest for whom they are providing professional forestry services any known current or potential conflict of interest the RPF(s) have with regard to the timber or land that is subject to operations under the Plan. All responsible RPFs shall disclose to the timberland owner and plan submitter whether they are the real party of interest for whom the RPF is providing professional forestry services.
(c) Disclosure of newly discovered conflicts of interest an RPF has with regard to the plan submitter, timberland owner, timber owner, the LTO and timber purchaser, pertaining to the timber or land that is subject to operations under the Plan, shall be required as long as an RPF has responsibilities relative to the Plan. The disclosure shall include identification of the real party of interest for whom the RPF is providing professional forestry services.
(e) An RPF retained by the plan submitter to provide professional advice throughout the Timber Operations shall be present, or ensure that the RPF's Supervised Designee is present, on the Logging Area at a sufficient frequency to know the progress of operations and advise the LTO and timberland owner, but not less than once during the life of the Plan.
(f) An RPF retained by the plan submitter to provide professional advice throughout Timber Operations, or the RPF's Supervised Designee, shall inspect the Logging Area prior to the commencement of operations each year to verify that operational flagging and timber marking required of an RPF is accurate, adequate and in conformance with Board rules and the approved Plan.
(g) An RPF retained by the plan submitter to provide professional advice throughout the Timber Operations shall inform the LTO during Timber Operations of any mitigation measures incorporated into the Plan that are intended to address Timber Operations that have a high likelihood of resulting in immediate, significant and long-term harm to the natural resources of the state if such mitigation measures are not strictly applied to minimize such impacts.
Credits
Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4583.2 and 4583.5, Public Resources Code.
History
1. Repealer and new section filed 9-26-89; operative 10-26-89 (Register 89, No. 40). For prior history, see Registers 88, No. 32 and 79, No. 44.
2. Amendment filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment filed 11-14-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5 (Register 2017, No. 46).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 14, § 1035.1, 14 CA ADC § 1035.1
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