California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.12 - Registered Professional Forester Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon submission of a PTHP, the RPF who
					 prepares and signs a PTHP is responsible for the accuracy and completeness of
					 its contents.
(b) The RPF preparing
					 the PTHP shall list or describe in the PTHP any work which will be performed by
					 the PTHP preparer and any additional work requiring an RPF which the PTHP
					 preparer does not intend to perform. This may include, but is not limited to,
					 field work in identifying Watercourse and Lake Protection Zones or Special
					 Treatment Areas, Marking trees, or other activities. The RPF is only
					 responsible for the activities for which he or she is employed, or those
					 required by the Rules of the Board. The RPF shall state whether or not he or
					 she has been retained to provide professional advice throughout the Timber
					 Operations.
(c) The RPF preparing
					 the PTHP shall, in writing, inform the PTHP submitter(s) of their
					 responsibility pursuant to §
											1092.11 of this Article and the
					 Timberland owner(s) of their responsibility for compliance with the
					 requirements of the Act and, where applicable, Board Rules regarding Site
					 Preparation, Stocking, and maintenance of roads, Landings, and Erosion Control
					 facilities.
(d) Upon entering into
					 an agreement to accept responsibility for any part of the preparation or
					 implementation of a Plan or any work beyond the preparation of a Plan,
					 including providing professional advice; all responsible RPFs shall disclose to
					 the real party of interest for whom the RPF is providing professional forestry
					 services any known current or potential conflict of interest the RPFs have with
					 regard to the timber or land that is subject to operations under the Plan. All
					 responsible RPFs shall disclose to the Timberland owner and Plan submitter
					 whether they are the real party of interest for whom the RPF is providing
					 professional forestry services.
(e)
					 Disclosure of newly discovered conflicts of interest an RPF has with regard to
					 the Plan submitter, Timberland owner, Timber Owner, the LTO and timber
					 purchaser, pertaining to the timber or land that is subject to operations under
					 the Plan, shall be required as long as an RPF has responsibilities relative to
					 a Plan. The disclosure shall include identification of the real party of
					 interest for whom the RPF is providing professional forestry
					 services.
(f) All disclosures made
					 between an RPF and an affected party pursuant to this section may be kept
					 confidential.
(g) An RPF retained
					 by the Plan submitter to provide professional advice throughout the Timber
					 Operations shall be present, or ensure that the RPF's Supervised Designee is
					 present, on the Logging Area at a sufficient frequency to know the progress of
					 operations and advise the LTO and Timberland owner, but not less than once
					 during the life of the Plan.
(h) An
					 RPF retained by the Plan submitter to provide professional advice throughout
					 the Timber Operations shall inform the LTO during operations of any mitigation
					 measures incorporated into the Plan that are intended to address operations
					 that have a high likelihood of resulting in immediate, significant and
					 long-term Harm to the natural resources of the State if such mitigation
					 measures are not strictly applied to minimize such impacts.
(i) The RPF shall without delay notify in
					 writing the LTO, the Plan submitter, and the Department of a decision to
					 withdraw professional services from the Plan.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Amendment of subsection (b) and new
						subsections (d)-(i) filed 11-30-2000; operative 1-1-2001 pursuant to Public
						Resources Code section
						4554.5
						(Register 2000, No. 48).
3. Change without regulatory effect
						amending first paragraph filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4552,
						  Public Resources Code. Reference: Sections
						  4583.2
						  and
						  4583.5,
						  Public Resources Code.