Section 943 - Intent for Logging Roads, Landings, and Logging Road Watercourse Crossings(a) All Logging Roads, Landings, and Logging Road Watercourse crossings in the Logging Area shall be planned, constructed, reconstructed, used, maintained, removed, abandoned, and deactivated in a manner that: (1) Is consistent with long-term enhancement and maintenance of the forest resource.(2) Accommodates appropriate Yarding systems.(3) Is economically Feasible.(b) Such planning, construction, reconstruction, use, maintenance, removal, Abandonment, and Deactivation shall occur in a manner that considers safety and avoids or substantially lessens significant adverse impacts to, among other things: (1) Fish and wildlife habitat and Listed Species of fish and wildlife.(2) Water quality and the Beneficial Uses of water.(4) Significant archeological and historical sites.(c) The RPF may propose exceptions to the Rules of this Article if explained and justified in the Plan and found by the Director not to result in a Significant Adverse Impact on the Environment.(d) Exceptions may also be provided through application of Fish and Game Code § 1600 et seq. and shall be made an enforceable part of the Plan in accordance with 14 CCR §§ 1039, 1040, 1090.14, 1092.26, 1092.27, 1094.23, or 1094.24, as appropriate.(e) For Watersheds with Listed Anadromous Salmonids and for Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids all Logging Roads, Landings, and Logging Road Watercourse crossings shall be planned, designed, constructed and reconstructed, used, maintained, abandoned, deactivated, and removed in accordance with 14 CCR § 936.9 (a).(f) The provisions of Article 11 that apply in Watersheds with Listed Anadromous Salmonids and in Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids shall not apply to a Plan that is subject to: (1) A valid incidental take permit issued by CDFW pursuant to § 2081(b) of the Fish and Game Code that addresses anadromous salmonid protection; or(2) A federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to § 2080.1 of the Fish and Game Code; or(3) A valid natural community conservation Plan that addresses anadromous salmonid protection approved by CDFW under § 2835 of the Fish and Game Code; or(4) A valid Habitat Conservation Plan (HCP) that addresses anadromous salmonid protection, approved under § 10 of the Federal Endangered Species Act of 1973; or(5) Project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the Plan submitter and CDFW in preparation of obtaining a natural community conservation Plan that addresses anadromous salmonid protection.Cal. Code Regs. Tit. 14, § 943
1. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
2. Amendment of first paragraph and subsections (c), (d) and (g) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of article and section headings, repealer and new section and amendment of NOTE filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
4. Amendment of subsections (c) and (d) and amendment of NOTE filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
5. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51). Note: Authority cited: Sections 4551, 4551.5, 4553 and 4562.5, Public Resources Code. Reference: Sections 4512, 4551.5, 4562.5, 4562.7 and 4597, Public Resources Code; and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
1. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
2. Amendment of first paragraph and subsections (c), (d) and (g) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of article and section headings, repealer and new section and amendment of Note filed 6-11-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
4. Amendment of subsections (c) and (d) and amendment of Note filed 6-2-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
5. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).