§ 1052.5. Emergency Notice for Outbreaks of Sudden Oak Death Disease.

14 CA ADC § 1052.5Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 1.5. Department of Forestry and Fire Protection (Refs & Annos)
Chapter 4. Forest Practices (Refs & Annos)
Subchapter 7. Administration
Article 2. Timber Harvesting Plan
14 CCR § 1052.5
§ 1052.5. Emergency Notice for Outbreaks of Sudden Oak Death Disease.
Currentness
(a) The RPF preparing the Emergency Notice shall do all of the following:
(1) provide as part of the Emergency Notice the certified lab testing results validating that trees or vegetation in the infestation area are infected with Phytophthora ramorum, the pathogen responsible for SOD;
(2) seek to encompass the entire infestation area and landownership(s) necessary to undertake effective control or eradication in the area covered by the Emergency Notice, however, the Emergency Notice is not required to encompass these areas;
(3) obtain written concurrence from a Department Forest Pest Specialist or Department designee regarding tree and vegetation treatments or removal and strategies to control or suppress the SOD infestation pursuant to 14 CCR § 1052.5(c);
(4) designate for treatment or removal the host hardwood Species in the infested areas and within 330 feet of the infestation area to control the spread of SOD consistent with Forest Pest Specialist concurrence in (3) above;
(5) avoid designation of conifer trees for treatment or removal except as necessary to facilitate the removal of host hardwood Species, the salvage of conifer trees accidentally damaged during Timber Operations, or as specified by a Department Forest Pest Specialist for purposes of controlling the spread of SOD.
(b) Timber Operations conducted in accordance with 14 CCR § 1052.5(a) above shall comply with all Rules and regulations of the Board. A Person conducting Timber Operations under an Emergency Notice for Outbreaks of Sudden Oak Death Disease shall comply with all operational provisions of the Forest Practice Act applicable to a Plan as defined in 14 CCR § 895.1 with the following exceptions or additional requirements:
(1) The RPF shall provide written proof of notification regarding the proposed submission of an Emergency Notice for SOD eradication to the NMFS, CDFW, USFWS, and the applicable RWQCB. Written notification shall be received by NMFS, CDFW, USFWS, and the applicable RWQCB at least 10 working days prior to submission of the Emergency Notice.
(2) Tree and vegetation removal or treatment within WLPZ areas shall be permitted and limited to symptomatic hardwood trees and shrubs that are infested with SOD or host hardwood trees that will continue to contribute to the spread of SOD. Conifer trees shall not be removed in WLPZs.
(3) WLPZ harvesting restriction for Class I and II Watercourse pursuant to 14 CCR § 916.3 [936.3, 956.3], subsection (f) do not apply.
(4) Timing and methods of operations shall avoid impacts to state and federally Listed Species. Below are required practices to avoid or minimize adverse effects to state and federally Listed Species to comply with the federal Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The practices are designed to reduce adverse impacts to Listed Species, but do not guarantee that activities will not result in “take”.
(A) The RPF preparing the Emergency Notice shall evaluate and incorporate habitat requirements for fish, wildlife, and plant Species using the California Natural Diversity Database maintained by the CDFW, local knowledge of the Planning Watershed, and consultation with the Department regarding other Plans in the Emergency Notice area.
(B) RPFs shall contact the appropriate United States Fish and Wildlife Service field offices websites to obtain preliminary Species lists and determine which Species may be in the area and possibly affected by Timber Operations.
(C) The following general practices for protection of Species shall be implemented in all areas:
(i) The exact location of harvesting sites and methods shall be adjusted to minimize the temporary or permanent impacts to critical habitat for any federally-Listed Species. Access roads, staging areas, and Landings shall be located to avoid Species habitats and designated critical habitat.
(ii) Clearly visible flagging or temporary fencing shall be placed around habitat or around designated Logging Roads, Landings, and staging areas to ensure vehicles and equipment remain within well-defined Project boundaries.
(iii) Timber Operations shall avoid impacting streambeds and banks in Channel Zones or other portions of the WLPZ for all Watercourses to the extent Feasible, consistent with 14 CCR §§ 916.3(c), 916.4(d) and 916.9(e). The restrictions for Timber Operations in Channel Zones pursuant to 14 CCR § 916.9(e) are herein modified to permit timber falling, removal consistent with this subsection, or other treatments of trees and other vegetation symptomatic of the pathogen that causes Sudden Oak Death or host hardwood trees that could spread the pathogen.
(iv) All trash that may attract predators of federally-Listed Species shall be removed from work sites or completely secured at the end of each work day.
(v) If a federally-listed animal Species is observed within a designated work area and cannot be avoided, all work shall stop until the animal leaves the work area.
(vi) No Timber Operations shall be conducted on Saturated Soil Conditions.
(vii) No tree felling operations from July 15 to September 30 that reduce Overstory Canopy cover in WLPZs.
(viii) No Mechanical Site Preparation, broadcast burning, or pile burning in all WLPZs.
(ix) Operations shall be conducted in accordance with conditions stated in 14 CCR § 1038 (b)(1), (2), (3), (4), (5), (6), (7), (8), and (10).
(5) Where present prior to the start of Timber Operations, post harvest Stocking Standards specified in 14 CCR § 912.7 [932.7, 952.7], subsection (b)(2) shall be met with group A Species. Where Stocking of Group A Species is not sufficient to meet the Stocking Standards of 14 CCR § 912.7 [932.7, 952.7], subsection (b)(2), post treatment Stocking shall meet those stated in 14 CCR § 913.4 [933.4, 953.4], subsection (b), Rehabilitation of Understocked Area Prescription. The percentage of Stocking requirements met with Group A Species on a point count basis shall be no less than the percentage of the basal area they comprised before harvesting.
(6) The Department shall track the number of Emergency Notices for outbreaks of SOD, the acreage treated under the notices, and the WLPZ acreage treated under the notices, and report the results to the Board bi-annually.
(c) The RPF shall describe the strategies employed which will be utilized to control or suppress the SOD infestation on the Harvest Area along with those measures to be used to minimize the risk of spreading Phytophthora ramorum from the Logging Area by way of infected soil and infected host material. In developing such strategies, the RPF shall draw from the list of Mitigation and Management Recommendations in the California Oak Mortality Task Force publication Sudden Oak Death Guidelines for Forestry (rev. August 2010),, https://bof.fire.ca.gov/media/cg2dgsyy/ada-august-2010-sudden-oak-death-guidelines-for-forestry.pdf hereby incorporated by reference.

Credits

Note: Authority cited: Sections 4551 and 4592, Public Resources Code. Reference: Sections 4513, 4551.5, 4552, 4553, 4554, 4561, 4562, 4584, 4592, 4750, 4750.3, 4750.4, 21001(f) and 21080(b)(4), Public Resources Code.
History
1. New section filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 6).
3. New section 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.
4. Editorial correction of section heading (Register 2011, No. 8).
5. Editorial correction of History 3 (Register 2011, No. 20).
6. New section 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.
7. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 41).
8. New section filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
9. Change without regulatory effect amending subsections (b)(1) and (b)(4)(A) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
10. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
11. Change without regulatory effect amending subsections (a)(1) and (c) filed 8-1-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 31).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 14, § 1052.5, 14 CA ADC § 1052.5
End of Document