Cal. Code Regs. tit. 14 § 939.12

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

Section 939.12 - Sensitive Species Classification

The Board has the responsibility under the FPA to provide protection to all Species occurring in the state's forestlands. The procedure to identify those Species that warrant special protection during Timber Operations is described as follows:

(a) The public or public agencies may petition the Board to classify a Species as a "Sensitive Species." For the Board to consider such a petition, it must contain a discussion of the following topics:

(1) Range and distributional status of the Species which includes an assessment of occurrence in Timberland as defined by the FPA and Rules.

(2) Indices of population trends describing the abundance of the Species.

(3) Biotic and abiotic factors affecting the population viability or status of the Species. Specific attention should be given to factors related to forest management and harvesting. This should include threats to population and habitat viability, including direct, indirect, and cumulative effects from these and other threats.

(4) Habitat availability and trends that include, but are not limited to, an assessment of the following as appropriate:

A. Dependence on general habitat conditions altered by typical forest management activities and projected time for habitat recovery,

B. Dependence on special habitat elements adversely impacted by Timber Operations,

C. Habitat continuity and juxtaposition requirements as an evaluation of sensitivity to habitat fragmentation.

(5) Suggested Feasible protective measures required to provide for Species protection.

(6) Other information specific to the Species proposed that the petitioner believes to be relevant in assisting the Board to evaluate the petition.

(7) Sources of information relied upon to complete the petition.

(8) Recommended forest practice Rules to provide guidance to RPF's, LTO's, landowners and the Director on Species protection.

(9) The potential economic impacts of classifying a Species sensitive.

(b) The Board will consult with the USFWS, the California Fish and Game Commission, the CDFW, and others as appropriate. After consultation, the Board shall classify a Species as sensitive after a public hearing if it finds:

(1) The California population requires Timberland as habitat for foraging, breeding, or shelter, and

(2) The California population is in decline or there is a threat from Timber Operations, and

(3) Continued Timber Operations under the current Rules of the Board will result in a loss of the California population viability.

(c) The Board shall consult with the USFWS, the CDFW, and others as appropriate. After consultation and a public hearing, the Board will declassify a Species as sensitive if it no longer meets the criteria for classification.

(d) The Board shall consider, and when possible adopt, regulations using the best available scientific information to establish the Feasible mitigations for protection of the Species at the same time such Species is classified sensitive.

(e) Where Rules are not adopted for the protection of the Species at the time of classification, the Board shall begin development of proposed regulations for protection of the Species.

Within one year of the classification of a Species as sensitive, the Board shall hold a hearing on proposed regulations to establish the protection standards for that Species according to the best available scientific information.

Cal. Code Regs. Tit. 14, § 939.12

1. New section filed 8-31-92; operative 9-30-92 (Register 92, No. 36).
2. 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, 4552, 4553 and 4582, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4552 and 4582, Public Resources Code.