Cal. Code Regs. tit. 14 § 913.6

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 913.6 - Alternative Prescriptions

(a) An Alternative Prescription shall be included in a THP when, in the judgment of the RPF, an alternative Regeneration Method or Intermediate Treatments offers a more effective or more Feasible way of achieving the objectives of 14 CCR § 913 than any of the standard Silvicultural Methods provided in this article.

(b) An Alternative Prescription, as defined in 14 CCR § 895.1, shall normally contain at least the following information:

(1) A description of the stand before Timber Operations, including:

(A) The RPF's professional judgment of the Species composition of the stand before harvest.

(B) The RPF's professional judgment of the current Stocking on the area expressed in basal area or a combination of basal area and point count.

(C) The RPF's estimate of the Basal Area Per Acre to be removed from the stand during harvest.

(2) A description of stand management constraints such as animal, insect, disease, or other natural damage, competing vegetation, harsh site conditions, or other problems which may affect stand management.

(3) A statement of which Silvicultural Method in the current District Rules is most nearly appropriate or Feasible and an explanation of why it is not appropriate or Feasible.

(4) An explanation of how the proposed Alternative Prescription will differ from the most nearly Feasible method in terms of securing regeneration; protection of soil, water quality, wildlife and disease protection.

(5) A description of the stand expected after completion of Timber Operations, including the following:

(A) The management objective under which the post-harvest stand is to be managed (even-aged, uneven-aged, or neither);

(B) The desired tree Species composition of the post-harvest stand and the RPF's judgment as to the remaining Stocking after harvest expressed as basal area or a combination of basal area and point count.

(6) The treatment of the stand to be used in harvesting, including:

(A) The guidelines to be used in determining which trees are to be harvested or left;

(B) The type of field designation to be followed, such as Marking, sample Marking of at least 20% of the area to be harvested, professional supervision of fallers, or other methods; and

(C) The Site Preparation and Regeneration Method and time table to be used for restocking.

(c) If an Alternative Prescription will have the practical on-the-ground effect of a clearcut, regardless of name or description, then the acreage limitations, and requirement for separation by a typical logging unit, Yarding equipment limitations, exceptions, and Stocking requirements for the clearcut Regeneration Method, shall apply.

(d) All trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to harvest. A sample area must be marked prior to the preharvest inspection for evaluation. The sample area shall include at least 10% of the Harvest Area to a maximum of 20 acres per stand type which is representative of the range of conditions present in the area. The Director may waive the requirements for the remainder of the area when explained and justified by the RPF in the THP.

(e) The Director shall approve the alternative if in his judgment it complies with 14 CCR § 898 and if, considering the entire area to which the alternative is to be applied, it would:

(1) when compared with the standard most closely related method identified in subsection (b)(3) above have the effect equal to or more favorable than such standard method would achieve in the areas of values relating to soil, the quality and Beneficial Uses of water, wildlife and fisheries,

(2) not create a significant adverse change in range and forage, and recreation and aesthetic values; and

(3) not reduce the after-harvest Stocking Standards or evenaged prescription limitation below the most closely associated standard, unless the RPF demonstrates that either:

(A) the harvest will result in stand conditions that will increase Long Term Sustained Yield as compared to the Long Term Sustained Yield achieved by utilizing the Stocking Standards of the method identified in subsection (b)(3); or

(B) the yield over 20 years of a "No Harvest" alternative would be less than the yield over 20 years of the proposed alternative.

(4) not lead to the direct or indirect conversion of the TimberlandS to other land uses not associated with timber growing and harvesting and Compatible Uses unless a Timberlands conversion permit is approved before submission of the THP; and

(5) not result in violations of any of the other standards in the Rules of the Board.

Cal. Code Regs. Tit. 14, § 913.6

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Change without regulatory effect filed 6-19-89 (Register 89, No. 28).
4. Repealer of subsection (d) and new subsections (d) and (e) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
5. Amendment of subsections (e), (e)(1), (3) and (4) and new subsection (e)(3)(B) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
6. Amendment of subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
7. Editorial correction of subsection (d) (Register 97, No. 48).
8. Change without regulatory effect amending section filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5 and 4561, Public Resources Code.