71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 985
House Bill 2163
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for State Forestry Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows State Forester to require certain harvest operations to
leave green trees and snags in or adjacent to small,
nonfish-bearing streams that are subject to rapidly moving
landslides.
A BILL FOR AN ACT
Relating to wildlife leave trees; creating new provisions; and
amending ORS 527.676.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 527.676 is amended to read:
527.676. (1) { - In a harvest type 2 or harvest type 3 unit
exceeding 25 acres, in order to contribute to the overall
maintenance of wildlife, nutrient cycling, moisture retention and
any other resource benefits of retained wood, the operator shall
leave, on average per acre harvested, at least: - } { + In
order to contribute to the overall maintenance of wildlife,
nutrient cycling, moisture retention and other resource benefits
of retained wood, when a harvest type 2 or type 3 unit exceeding
25 acres occurs the operator conducting the harvest shall leave
on average, per acre harvested, at least: + }
(a) Two snags or two green trees at least 30 feet in height and
11 inches DBH or larger, at least 50 percent of which are
conifers; and
(b) Two downed logs or downed trees, at least 50 percent of
which are conifers, that each comprise at least 10 cubic feet
gross volume and are no less than six feet long. One downed
conifer or suitable hardwood log of at least 20 cubic feet gross
volume and no less than six feet long may count as two logs.
{ - (2) In meeting the requirements of subsection (1) of this
section, the required snags, trees and logs may be left in one or
more clusters rather than distributed throughout the unit. The
location and distribution of the material shall be in the sole
discretion of the landowner or operator, consistent with safety
and fire hazard regulations. The requirements of subsection (1)
of this section are in addition to all other requirements
pertaining to forest operations and may be met by counting snags,
trees or logs otherwise required to be left in riparian
management areas or resource sites listed in ORS 527.710 (3) only
as specifically permitted by the State Board of Forestry, by
rule. - }
{ + (2) In meeting the requirements of this section, the
operator conducting the harvest has the sole discretion to
determine the location and distribution of wildlife leave trees,
including the ability to leave snags, trees and logs in one or
more clusters rather than distributed throughout the unit and, if
specifically permitted by the State Board of Forestry by rule, to
meet the wildlife leave tree requirements by counting snags,
trees or logs otherwise required to be left in riparian
management areas or resource sites listed in ORS 527.710, subject
to:
(a) Safety and fire hazard regulations;
(b) Rules or other requirements relating to wildlife leave
trees established by the State Board of Forestry or the State
Forester; and
(c) All other requirements pertaining to forest operations. + }
{ - (3) Notwithstanding subsection (2) of this section: - }
{ - (a) The State Forester shall consult with the operator on
the selection of green trees and snags required to be left
pursuant to this section whenever the State Forester determines
that retaining certain trees or groups of trees would provide
increased benefits to wildlife. - }
{ - (b) Operators may submit, and the State Forester may
approve, alternate plans to meet the provisions of this section,
including but not limited to waiver of the requirement that
wildlife leave trees be at least 50 percent conifers, upon a
showing that the site is being intensively managed for hardwood
production. The State Forester may also approve an alternate plan
to waive, in part or in whole, the requirements of this section
for one harvest type 2 or harvest type 3 operation if the plan
provides for an equal or greater number of trees or snags to be
left in another harvest type 2 or harvest type 3 operation that,
in the opinion of the State Forester, would, in the aggregate,
achieve better overall benefits for wildlife. - }
{ - (c) For harvest type 2 or harvest type 3 operations
adjacent to fish-bearing or domestic use streams, the State
Forester may require up to 25 percent of the green trees required
to be left pursuant to this section to be left in or adjacent to
the riparian management area of the fish-bearing or domestic use
stream if such requirement would provide increased benefits to
wildlife. Such trees shall be in addition to trees otherwise
required by rule to be left in riparian management areas. The
operator shall have sole discretion to determine which trees to
leave, either in or adjacent to a riparian management area,
pursuant to this paragraph. - }
{ + (3) In meeting the requirements of this section, the
State Forester:
(a) Shall consult with the operator conducting the harvest
concerning the selection of wildlife leave trees when the State
Forester believes that retaining certain trees or groups of trees
would provide increased benefits to wildlife.
(b) May approve alternate plans submitted by the operator
conducting the harvest to meet the provisions of this section,
including but not limited to waiving:
(A) The requirement that at least 50 percent of wildlife leave
trees be conifers, upon a showing that a site is being
intensively managed for hardwood production; and
(B) In whole or in part, the requirements of this section for
one operation if an alternate plan provides for an equal or
greater number of wildlife leave trees in another harvest type 2
or type 3, that the State Forester determines would achieve
better overall benefits for wildlife.
(c) May require, for operations adjacent to a fish-bearing or
domestic use stream, in addition to trees otherwise required to
be left in riparian management areas, up to 25 percent of the
green trees required to be retained under this section to be left
in or adjacent to the riparian management area of the stream.
(d) May require, for operations adjacent to a small,
nonfish-bearing stream subject to rapidly moving landslides, that
available green trees and snags be left in or adjacent to the
stream. The operator must leave available green trees and snags
under this paragraph within an area that is 50 feet on each side
of the stream and no more than 500 feet upstream from a riparian
management area of a fish-bearing stream. + }
(4) When a harvest type 2 or { - harvest - } type 3 unit
occurs adjacent to a prior harvest type 2 or { - harvest - }
type 3 unit, resulting in a combined total contiguous acreage of
harvest type 2 or { - harvest - } type 3 { - on a - }
{ + under + } single ownership exceeding 25 acres, the
{ - snag or tree and downed log retention - } { + wildlife
leave tree + } requirements of subsection (1) of this section
{ - shall - } apply { + to the combined total contiguous
acreage + }.
SECTION 2. { + The amendments to ORS 527.676 by section 1 of
this 2001 Act apply to harvest type 2 or type 3 operations
commenced on or after the effective date of this 2001 Act. + }
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