California Timber Harvest Plan Reviews Legislative Analyst Offic E

Timber Harvest Plan Review Workshop By, Rob Di. Perna Environmental Protection Information Centre (Ballsy)

Why monitor Timber Harvest Plans? • Logging on private lands can touch forest, biological, and watershed resources • Advocate forests, wildlife, and watersheds • Watchdog for manufacture and the State • Ensure compliance with State and federal laws

What'south a Timber Harvest Plan? • Functional Equivalent of a CEQA certificate • Similar to an Ecology Impact Report (EIR) • Discretionary permitting process for individual forestland owners • Rules and regulations promulgated by Board of Forestry • Review and approval process administered by Cal Fire equally "lead agency"

Introduction to the Wood Practice Human activity of 1973 Cathay 4511 et seq. • Intent of Legislature: – Prc 4513(b) to ensure "The goal of maximum sustained production of high-quality timber products is achieved while giving consideration to values related to sequestration of carbon dioxide, recreation, watersheds, wildlife, range and forage, fisheries, regional economic viability, employment, and aesthetic enjoyment. "

While giving consideration… • "While giving consideration" – "The Attorney General issued an opinion after the FPA was enacted, which specifically stated that the mandatory language of sections 4551 and 4551. 5 crave that Board regulations "must provide for the protection of the soil, air, fish and wildlife and water resources. " (58 Ops. Cal. Atty. Gen. 250 (1975). ) In reaching this conclusion, the Attorney Full general specifically rejected the argument, based on Public Resources Lawmaking sections 4512, subdivision (c) and 4513, subdivision (b), that the Board "need only consider recreational opportunities, watershed protection, fisheries, wild fauna, range, forage, and artful enjoyment. "(Id. at p. 251. ) The Attorney General opined that this interpretation "would improperly leave the protection of the enumerated resources to the uncontrolled discretion of the Lath" when it adopts regulations and would render ineffectual sections 4551 and 4551. 5 of the Public Resources Code. (Ibid. )" (California Chaser General'due south Office. 2009. )

The Forest Practice Rules

Commonly used acronyms fourteen CCR 895 • THP=Timber Harvest Plan • Cal Burn down= Department of Forestry and Fire Protection • DFG=Department of Fish and Game • RPF=Registered Professional Forester • CEQA=California Ecology Quality Act • CCR=California Code of Regulations • PRC=Public Resources Lawmaking • FPA=Forest Practice Human action • FPR=Forest Practise Rules

Important Definitions 14 CCR 895. 1 • Cumulative Impacts (every bit divers per 14 CCR 15355 CEQA Guidelines) • Feasible • Long-term significant adverse effects • Significant adverse bear on on the environs • Substantial deviation • While giving consideration • Other definitions: – Substantial testify (14 CCR 15384(b) CEQA Guidelines)

Important Rule Sections • Commodity 1 (14 CCR 895) Abbreviations and Definitions • Article ii (fourteen CCR 912): Ratings and Standards. Includes Cumulative Impacts Assessment Checklist, Technical Dominion Annex No. 2 (14 CCR 912. 9) • Article 3 (14 CCR 913[933, 953]): Silvicultural Methods • Article vi (xiv CCR 916[936, 956]): Watercourse and lake protection measures • Article 9 (fourteen CCR 919[939, 959]): Wildlife protection practices

Standard for "Lead Bureau" review and determination • The FPRs state that CALFIRE "shall disapprove a plan as non conforming to the rules" if it does non contain enough data to evaluate potential environmental furnishings, if it would cause "significant, long-term damage" or cause a "taking" of a threatened or endangered species or if it would cause irreparable impairment to rare or endangered plant species (meet 898. 2 of the FPRs).

Contents of a Timber Harvest Plan • • Section I: Legal description and information Section 2: Operational Provisions of Programme Section III: Supporting materials, explanations Department Iv: Cumulative Impacts Assessment, Technical Dominion Addendum No. 2 • Section V: Attachments, e. g. plant surveys, NSO documentation, EHR calculations • Section 6: Confidential Archeological Information

Timber Harvest Plan Review Process

Timber Harvest Plans post-approving • Valid for 3 years with two ane -year extensions • Detect of first • Notice of completion • Stocking study • Prescribed maintenance menstruum

Failures of Review Process • Lack of information-based decisionmaking • Failure to accept all recommendations from all reviewing agencies • Lack of funding prevents agencies from fully participating. Other agencies have dropped out, e. g. NMFS, U. S. Fish and Wild fauna Service • Lack of a post-approval public hearing process – Litigation is only public option

Failures of the Forest Practise Rules • FPRs equally traditionally implemented have non prevented meaning environmental damage – Upshot in impacts to listed species and contributed to species' listings – Result in impacts to watersheds, resulting in listing of many under section 303(d) of Federal Clean Water Act – Event in cumulative impacts to forestland resources

Examples • Failure to address rate of harvest • Failure to require quantitative information-based conclusion making predicated on best bachelor science • Failure to run into federal standards for avoiding "damage" to listed species – Northern Spotted Owl – Coho Salmon and Steelhead • Failure to disapprove THPs that would result in significant adverse individual or cumulative impacts

Possible remedies • Board of Forestry: – Revise Cumulative Impacts Assessment – Provide guidance certificate for assessment of cumulative effects – Require data-based assessment predicated on all-time available science – Implement rate of harvest limitations – Require watershed assessments, road direction plans – Bring FPRs into compliance with federal and other land laws and regulations

Commenting on Timber Harvest Plans • Pregnant environmental concerns raised during the review squad procedure • Fair statement • Substantial evidence • Rule conformance • Land and federal constabulary conformance

Important Operational Items (Section 2) • • Section II, Detail #xiv(a)=Silviculture Section II, Item #16=Yarding methods Section II, Item #17=Erosion Hazard Rating Section Two, Item #23=Winter operations Department 2, Item #24=Roads and landings Department Ii, Detail #26=Watercourse and lake protections Section Two, Item #27(a)=Alternative watercourse and lake protections in lieu of standard rules • Section 2, Item #32=Wildlife observances and enforceable provisions

Identifying issues of business concern • • • Rare, threatened or endangered species Watershed resources Silviculture (clearcutting) Alternative practices in lieu of standard rules "Should" versus "Shall" Accuracy and consistency of plan, supporting information, maps, etc. • Inconsistency between FPRs, State and federal laws and regulations

Identifying potentially significant adverse cumulative impacts • Charge per unit of harvest, harvest history • Status of rare, threatened or endangered species within planning expanse (planning watershed) • Status of waterbodies in project area (303(d) listed? ? ) • Belatedly seral/sometime growth habitat or characteristics

Presenting a "off-white argument" via "substantial prove" • Cite relevant rules • Cite relevant Land and federal laws • Cite items from THP • Cite all-time bachelor scientific discipline • Cite bureau reports, including past statements • Cite alternative resources (e. g. CNDDB, CALWatershed Mapper, DPR database)

Challenging a Timber Harvest Plan • Cal Fire Official Response to comments • Abuse of discretion • Deference to lead agency • Filing a complaint • Preliminary injunction • Motion for summary Judgment • Appeals

Questions? ? ?

Cheers!

Resource • Ecology Protection Information Center www. wildcalifornia. org • THP Tracking Heart http: //www. thptrackingcenter. org/resources. html • Cal Burn down THP library ftp: //thp. burn. ca. gov/THPLibrary/ • Cal Watershed Mapper http: //frap. fire. ca. gov/watersheds/mapper. html • California Native Variety Database http: //www. dfg. ca. gov/biogeodata/cnddb/ • DFG IMAPS GIS http: //www. dfg. ca. gov/biogeodata/gis/imaps. asp

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