Today's Law As Amended


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SB-217 Forest resources.(2003-2004)



As Amends the Law Today


SECTION 1.

 Section 4582.1 is added to the Public Resources Code, to read:

4582.1.
 (a) No timber harvest using even-aged regeneration harvest methods or in which more than 70 percent of the average conifer basal area is removed in one operation, is permitted on any stand of ancient forest.
(b) Harvesting activities on lands subject to this section shall comply with all of the following:
(1) All timber harvests shall be conducted in a manner that ensures that the stand continues to retain a multistoried canopy and to produce habitat characteristics essential to old growth related wildlife species. Following completion of timber harvests within any ancient forest, there shall be retained a multistory canopy, with at least six trees per acre, that are at or above the average age of the dominant and co-dominant conifer trees and not less than 100 years, and not less than one-half of the volume of downed logs, nonmerchantable live trees, and hard and soft snags. When roads are to be constructed through an ancient forest, trees harvested shall be consistent with the tree removal limits set forth in paragraphs (2) and (3).
(2) Within unentered ancient forests, timber harvests may not occur more frequently than once every 25 years. All harvests on unentered ancient forests are limited to a maximum removal of 50 percent of the trees 21 to 35 inches, inclusive, 36 to 48 inches, inclusive, 49 to 60 inches, inclusive, and larger than 61 inches in diameter at breast height. There shall also be minimum retention or recruitment of structural features and their spatial arrangement, including hard and soft snags, green culls, downed logs, and coarse woody debris.
(3) The first proposed harvest on an entered ancient forest is limited to a maximum removal of 50 percent of the trees 21 to 35 inches, inclusive, 36 to 48 inches, inclusive, 49 to 60 inches, inclusive, and larger than 61 inches in diameter at breast height. There shall also be a minimum retention or recruitment of structural features, including hard and soft snags, green culls, downed logs, and coarse woody debris. Upon any subsequent entry of an entered ancient forest, timber operations may only be conducted pursuant to the selection method, as defined in Sections 913.2, 933.2, and 953.2 of Title 14 of the California Code of Regulations, as those sections read on January 1, 2003.
(c) Subdivision (a) and paragraphs (1) and (3) of subdivision (b) do not apply to the following:
(1) Authorized emergency sanitation cutting.
(2) Authorized salvage of dead, dying, or deteriorated trees resulting from fire, wind, insects, disease, or flood.
(3) Land that has been approved for conversion to uses other than growing timber pursuant to Article 9 (commencing with Section 4621).
(4) Firebreaks, fuel breaks, and rights-of-way.
(d) As used in this section:
(1) “Ancient forest” means a forested area, with a multistoried canopy, with at least six live trees per acre that existed before 1800 A.D. and are greater than 60 inches in diameter at stump height for Sierra and Coastal Redwoods, and 48 inches in diameter at stump height for all other tree species. An ancient forest may be either of the following:
(A) An unentered forested area covering 40 or more acres with no evidence of commercial timber harvesting and no record of previous harvest activities.
(B) An entered forested area covering 40 or more acres with previous entry for logging that provides essential habitat elements for ancient forest-related wildlife species.
(2) “Co-dominant” means a tree with its crown forming the general level of the forest canopy and receiving full light from above, but comparatively little light from the sides. A co-dominant tree usually has a medium-sized crown, but is crowded on the sides.
(3) “Dominant” means a tree with a well developed crown extending above the general level of the forest canopy and receiving full light from above and partly from the sides.
(4) “Even-aged regeneration” means clearcutting and the seed step of the shelterwood and seed tree regeneration silvicultural methods, as defined in Sections 913.1, 933.1, and 953.1 of Title 14 of the California Code of Regulations, as those sections read on January 1, 2003.