Cal. Code Regs. tit. 14 § 916.11.1

Current through Register 2024 Notice Reg. No. 18, May 3, 2024

Section 916.11.1 - Monitoring for Adaptive Management in Watersheds with Coho Salmon. [Effective 1-1-2008 Pursuant to Public Resources Code Section 4554.5(a); Operative the Date Department of Fish and Game Regulations 14 CCR Sections 787.0-787.9 Become Effective]

(a) Goal: The Board will develop a monitoring and adaptive management program for timber harvesting operations in Watersheds with Coho Salmon. The purpose of the program will be:

(i) to determine whether or not the operational Forest Practice Rules and associated hillslope and instream mitigation measures afford a level of protection that is both appropriate and adequate to ensure protection of coho salmon and its habitat,

(ii) to provide monitoring necessary to ensure the Forest Practice Rules are being implemented in a manner consistent with the California Endangered Species Act as required under 14 CCR § 896, and

(iii) to provide a timely feedback process for the Board to assess rule effectiveness in meeting the stated goals under subsections (i) and (ii).

(1) The monitoring component of the program will provide the information necessary to evaluate the effectiveness of mitigation measures and identify when site-specific mitigation or operational Rules should be revised to better accomplish the goals of the Board.

(A) Four types of monitoring will be addressed under the program including:

(i) compliance,

(ii) implementation,

(iii) effectiveness, and

(iv) validation.

(B) Review Team agencies will continue to conduct mandated compliance and implementation monitoring as part of their regulatory responsibilities.

(C) Effectiveness monitoring will be undertaken by the landowner; or be a cooperative effort between landowners and the Department, Review Team agencies, or a cooperative interdisciplinary team.

(D) Long-term validation monitoring will be undertaken by the Department, or facilitated through cooperative agreements among stakeholders and Review Team agencies.

(E) The Board or its designee may include any monitoring that meets the intent of this section, including any efforts that are already underway by the landowner, agencies or other cooperators.

(2) The adaptive management component of the program will be a process of action-based planning, monitoring, evaluating and adjusting through use of the scientific method; with the objective of maintaining fully functioning habitat conditions and facilitating conservation of coho salmon populations.

(A) Four elements of adaptive management will be addressed under the program including:

(i) identification of substantial new information,

(ii) collection of substantial new information,

(iii) evaluation of substantial new information, and

(iv) determination regarding the necessity or benefit of adjustments and improvements to mitigation and protective measures, including the Forest Practice Rules, based upon the substantial new information.

(b)

(1) In collaboration with the Department and other Review Team agencies, the Board shall appoint a scientific technical advisory committee to develop monitoring practices to evaluate the effectiveness of mitigation measures at the appropriate scale.

(A) In development of monitoring practices, the Board's appointed scientific technical advisory committee may also engage other experts in the field for assistance.

(B) The monitoring practices will be applied by the landowner; or be a cooperative effort between landowners and the Department, Review Team agencies, or a cooperative interdisciplinary team.

(2) Monitoring practices and strategies may be peer reviewed by a scientific technical advisory committee as directed by the Board.

(3) The design and implementation of monitoring shall be done in consultation with the Department and other Review Team agencies, and the sufficiency of information shall be judged in light of its scientific merit and what is reasonable and practical.

(A) Monitoring data shall be derived from agency monitoring programs, landowner monitoring programs, or cooperative Projects.

(4) As a condition of Plan approval, based upon substantial evidence in the record, the Director may require monitoring:

(A) Anytime after Plan approval,

(B) Concurrent with Timber Operations, and

(C) After completion of operations during the remainder of the Prescribed Maintenance Period.

(5) Monitoring data collected pursuant to (b)(4) or (b)(6) shall be provided to the Board annually.

(6) The Plan shall incorporate monitoring requirements in conformance with the requirements of a valid incidental take permit for coho salmon within the Planning Watershed that has been authorized pursuant to the following:

(A) a valid incidental take permit issued by CDFW pursuant to § 2081(b) of the Fish and Game Code; or

(B) a federal incidental take statement or incidental take permit, for which a consistency determination has been made pursuant to § 2080.1 of the Fish and Game Code; or

(C) § 2835 of the Fish and Game Code under a valid natural community conservation Plan approved by CDFW; or

(c) The Department shall prepare an annual report in conjunction with a Board appointed technical subcommittee summarizing progress and significant findings from monitoring activities collected throughout the year in accordance with subsection (b)(4) above. The report shall be (i) provided to the Board during the first quarter of each calendar year, (ii) made available to the public upon request, and (iii) placed on the Board's website for at least 180 days.

(d) Based upon the findings presented in the annual monitoring report(s), the Director, in conjunction with the Board appointed technical subcommittee, may recommend additions, deletions or modifications to the Forest Practice Rules if the necessity for such a change is supported by substantial evidence in the reports. A specific recommendation based upon the findings that a rule requirement is no longer necessary shall also be supported by substantial evidence.

Cal. Code Regs. Tit. 14, § 916.11.1

1. New section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
2. Change without regulatory effect amending subsections (a)-(a)(1), (b)(3)(A)-(b)(4)(C) and (b)(6)-(b)(6)(C) filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f) Water Code; and Sections 1600 and 5650(c), Fish and Game Code.