04-058 chapter 4 page 8 04 department of conservation 058 bureau of forestry chapter 4 rules for silvicultural treatment designati

04-058 Chapter 4 page 8
04 DEPARTMENT OF CONSERVATION
058 BUREAU OF FORESTRY
Chapter 4 RULES FOR SILVICULTURAL TREATMENT DESIGNATION AND NEW MARKET
WITHDRAWAL
Summary: This chapter establishes the criteria and procedures for
designation of an area as a silvicultural treatment area, including a
description of acceptable silvicultural practices designed to lessen
the vulnerability of the area to future budworm infestation. This
chapter also outlines the procedure for removal of land parcels from a
proposed spray area based on the presentation of an economically sound
plan for salvage and sale of harvested wood to a new market.
1. Statutory Authority
These rules are enacted pursuant to 12 MRSA, §§ 1021 and 1023.
2. Purpose of the Rules
A. Silvicultural treatment can be an important part of an integrated
spruce budworm control program. The budworm Suppression Act recognizes
the desirability of managing the forest in a way designed to minimize
susceptibility and vulnerability to future infestations. If land is
being managed in this way, it may be granted a silvicultural treatment
designation.
B. The new market withdrawal is to encourage an economical program of
salvage and sanitation cutting in budworm damaged stands, a part of a
broad forest management program.
3. Definitions
A. Applicability of Definitions. All terms used in these rules shall
have the same meaning as set forth in 12 MRSA 1012 unless otherwise
expressly provided herein:
B. Gross merchantable volume. Volume in trees with dbh greater than
5", measured to a 4" top, without any deduction made for cull.
C. Net merchantable volume. Gross merchantable volume less deductions
for cull.
D. Commercial species
The following native trees are defined as commercial species:
All Pines
All spruces
American Larch (Tamarack)
Hemlock
Northern white Cedar
Balsam Fir
All Ashes
Trembling Aspen
Soft Maple
Sugar Maple
Basswood
Beech
Paper Birch
Yellow Birch
Black Cherry
American Elm
Large-Toothed Poplar
All Oaks except Scrub Oak
Gray Birch
Exotic tree species shall be considered commercial species if they
attain a size and quality suitable for pulpwood or sawtimber when
grown in Maine.
E. Fir mixed with host species. Fir is defined to be mixed with host
species if it is in a type composed of more than 75% fir, spruce, and
hemlock species, by gross merchantable volume.
F. Fir mixed with nonhost species. Fir is defined to be mixed with
nonhost species if it is in a type composed of more than 25%
commercial species other than spruce, fir, and hemlock, by gross
merchantable volume. All stands which would be classified as "mixed
wood" for purposes of the Tree Growth Tax Law fall into this category.
G. Renewal cutting. Any harvesting operation in even-aged types older
than 25 years which leaves a residual stocking of less than 5
cords/acre gross merchantable volume.
H. New market. A new market is a market meeting one of the following
conditions:
1. An existing processing facility which used no spruce or fir
originating from Maine other than sawlogs prior to January 1, 1976;
2. A processing facility using spruce or fir other than sawlogs which
has been made operational for the first time after January 1, 1976; or
3. A net physical expansion of an existing facility. Net expansion is
defined as the volume of spruce and fir other than sawlogs used by an
expanded wood processing plant less the average annual volume of
spruce and fir other than sawlogs used by that plant during the
calendar years 1973-1975.
I. Stands suitable for salvage cutting. A stand is suitable for
salvage cutting if at least 50% of the gross merchantable volume
consists of trees which are dead or dying from budworm damage.
4. The Silvicultural Treatment Designation
A. Scope and Purpose. The Regulations in Parts 3 and 4 hereof
implement 12 MRSA 1018. They define silvicultural practices which are
considered to minimize susceptibility and vulnerability to future
budworm infestations. These standards are based on the best current
knowledge about the budworm's behavior, and may be revised as more
knowledge accumulates.
B. The silvicultural plan. A silvicultural plan shall be submitted
with each application for silvicultural treatment designation,
containing a forest type map, a general long-term silvicultural
strategy, and a specific plan to operations through the calendar year
1981, for the parcels in question. The plan must be submitted by a
professional forester, registered in Maine under 32 MRSA 5001-5019.
C. Elements of the silvicultural plan:
1. The forest type map. The forest type map shall be drawn to scale,
and shall indicate forest types of more than 10 acres classified
according to species composition, age or height of trees, and stocking
or crown density levels. Areas of less than 10 acres need not be
identified as distinct forest types. The type map shall be updated,
and shall be based on cruise data no more than 10 years old. In the
event the Director finds such maps to be unreasonably inaccurate with
respect to the actual composition, age or height, and stocking levels,
then he may require the applicant to prepare new maps which he deems
accurate.
2. The long-term silvicultural strategy. A description of long-term
silvicultural strategy shall be submitted for the parcels of land
under consideration, indicating in general terms how the species
composition performance goal will be met. The long-term strategy shall
state whether timber types are to be managed on an even-aged or
multiple-aged basis, and shall describe the general management
approach to be employed. If the stands currently meet the performance
goals as set up by these rules, a statement shall be included stating
how the goals will be maintained. As a part of this long-term strategy
a table shall be included which shows the current percentage of fir by
stand type and what percentage will be achieved by 1981. Also this
table shall show the average age of the trees in the stands. Specific
dates of planned operations need not be given in the long-term
strategy.
3. The operating plan. An operating plan shall be submitted describing
specific silvicultural operations, such as plantings, thinnings, final
harvesting, etc., to be undertaken in the years through 1981, and
indicating the areas in which these operations are to be performed.
These operations shall be supportive of the general long-term
silvicultural strategy.
4. Modifications. The silvicultural plan may be modified when acts of
God, such as insect damage, fire, windstorms, etc., make such
modifications desirable or necessary. In this event, the applicant may
submit a new silvicultural plan to the Director, Bureau of Forestry,
with an explanation of why modification of the original plan has been
made desirable or necessary. Approval or denial of the modified plan
shall be on the same basis as that applying to new plans.
5. Sale of Property. Upon sale or other disposal of the property, the
Director, Bureau of Forestry shall be notified.
D. The species composition performance goal. The fir content in each
forest type (as defined in Part 4C, expressed as a percent of total
gross merchantable volume, shall be reduced according to the following
specifications, and the reduction shall be accomplished within 30
years:
1. Fir mixed with host species
a. If a forest type, classified as fir mixed with host species as
defined in 3E, presently comprises more than 40% fir, the gross
merchantable volume of fir in that forest type shall be reduced to a
percent of the total gross merchantable volume in the forest type,
which is 20 percentage points below the original percentage. (Example:
If the forest type now comprises 75% fir, the fir content shall be
reduced to 55% of the total forest type volume).
b. If the timber type presently comprises 40% or less fir, the fir
content shall be reduced to 20% of the total timber type volume.
c. If the forest type presently comprises 20% or less fir, no further
reduction in fir content is necessary; plans shall attempt to show how
the percentage of fir will be maintained at or below this goal.
2. Fir mixed with nonhost species. These stands will be considered
eligible if the plan shows that these stands will not develop into a
heavy (in excess of 5O% of the total gross merchantable volume) fir
stocking within 20 years. If it is possible for a heavy fir stand to
develop the plan shall show how this will be corrected to meet the
goal.
E. Acceptable Silvicultural Operations
1. Even-aged management
a. Any type of renewal cutting in an even-aged management system is
acceptable provided that the following regeneration standard is met:
Within 3 years after completion of the renewal cutting, at least 40%
of randomly located milacre plots shall contain at least one seedling
or sapling of a commercial species other than fir. To be counted,
hardwood seedlings shall be at least 1' tall, and softwood seedlings
shall be at least 6" tall, and saplings shall have a maximum dbh of
4.5". Seedlings and saplings shall be thrifty and capable of
responding to release.
b. Any type of thinning in an even-aged management system is
acceptable provided that the method to be employed is identified in
the application and is part of the long-term silvicultural strategy
designed to meet the species composition performance goal.
2. Type conversion through artificial regeneration
a. Conversion from a softwood to a hardwood forest type will not
qualify the area for silvicultural treatment designation. However, it
may lead to reclassification of the area under the Tree Growth Tax
Law, and hence exemption from the budworm excise tax.
b. Conversion from a spruce-fir type to conifers other than fir is
acceptable provided that the type conversion meets the regeneration
standard of Part 4E (1) and is part of a long-term strategy designed
to meet the performance goal. The long-term strategy shall provide for
control of volunteer fir regeneration if necessary.
3. Multiple-aged management
Any long-term silvicultural plan designed to create or perpetuate
forest types with more than one age class is considered a
multiple-aged management system. A cutting operation in a
multiple-aged system will be acceptable provided that:
a. It attempts to eliminate all live fir with dbh 7" or greater;
b. It leaves a residual stocking of at least 5 cords/acre in trees of
commercial species. If the residual stocking is less than this, the
operation shall be considered an even-aged renewal cutting, and the
regeneration standard shall be applied;
c. The cutting interval for multiple-aged management shall be no more
than 25 years, inclusive of the year in which the operation is
commenced.
F. Approval
Designation as a silvicultural treatment area shall only be granted
under the following circumstances:
An application for silvicultural treatment designation is made,
including a forest type map and long-term silvicultural plan as
required by Regulations 4C (1) and 4C (2); and either
1. the forest types already have fir contents meeting the requirements
of the species composition performance goal, and the long-term
silvicultural plan provides for maintaining the fir content at or
below the required levels; or
2. an operating plan is submitted providing for acceptable
silvicultural operations to be carried out on the area by 1981.
Silvicultural treatment designation shall not be granted for a forest
type which does not presently meet the species composition performance
goal if not acceptable silvicultural operations will be carried out in
the type before 1981.
G. Amendments
1. Application. An applicant for silvicultural treatment designation
may request that an amendment to the regulations be made to allow
practices which do not meet the requirements or regulations 4E (1) ‑
(3). The request for an amendment shall be made in writing to the
Director, Bureau of Forestry, and shall contain:
a. A timber type map, long-term silvicultural plan, and operating plan
as provided for in Regulations 4C (1)-(3).
b. Documentation showing that the operations contained in the
operating plan, which do not conform to Regulations 4E (1)-(3), will
lead to fulfillment of the species composition performance goal.
2. Amendment
The Director of the Bureau of Forestry may amend the rules for
silvicultural treatment designation, with the approval of the
Spruce-Fir Silviculture Committee, as provided for in 12 MRSA,
Sections 1021-1023,
5. The New Market Withdrawal
A. Scope and Purpose. The Regulations in part 5 hereof implement 12
MRSA 1019. They are designed to encourage an economical program of
salvage of budworm-damaged timber, and the expansion of existing
markets for such timber.
B. Certification of New Markets
1. Application for Certification. Firms desiring certification as new
markets shall certify to the Director of the Bureau of Forestry, on a
form supplied by the Bureau of Forestry, their ownership of or control
over processing facilities qualifying as a new market.
2. Consent. Applications made for new market certification shall be
granted or denied according to 12 MRSA 1019(2) by the Director of the
Bureau of Forestry.
3. Publication of New Markets. The Bureau of Forestry shall publish,
and shall from time to time revise, a list of new markets which have
been certified by the Bureau.
C. Application for New Market Withdrawals
1. Minimum Area. To qualify for a new market withdrawal, at least 50%
of a contiguous area of at least 1,000 acres shall consist of forest
types suitable for salvage cutting.
2. Silvicultural Treatment Designation. An area must be eligible for a
silvicultural treatment designation in order to be considered for a
new market withdrawal.
3. Harvesting Plan. Each application for new market withdrawal shall
be accompanied by a harvesting plan, submitted by a professional
forester registered in Maine, containing:
a. A map identifying areas to be harvested;
b. A map identifying stands suitable for salvage cutting;
c. An operating schedule for the planned timber harvest. The
harvesting operation must begin during or before the calendar year
following the calendar year of application, and it must be completed
by April 1, 1981.
4. Timber Removals. More than 90% of the net merchantable volume in
dead and dying spruce and fir trees with dbh of at least 7" shall be
removed in the salvage cutting. The volume of spruce and fir other
than sawlogs which is removed shall be sold and delivered to a new
market. All portions of the harvested dead and dying trees, which
fulfill the size and quality standards for budworm-damaged wood of the
new market to which such volume is delivered, shall be removed.
5. Certification of Sale to a New Market. Within 6 months of
completion of the harvesting operation, the applicant shall certify to
the Director of the Bureau of Forestry, on a form provided by the
Bureau of Forestry, that:
a. The area has been harvested according to the harvesting plan and
Regulation 5;
b. The volume of spruce and fir harvested other than sawlogs was sold
to a new market.
The form shall be signed by the purchaser of the volume of spruce and
fir harvested other than sawlogs, certifying the purchase of that
volume, and by a professional forester, registered in the State of
Maine, certifying that the harvesting plan has been carried out as
approved by the Director.
STATUTORY AUTHORITY: 12 M.R.S.A. Section 1023
EFFECTIVE DATE:
August 1, 1976 (Filed 10-18-78)
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 4, 1996
NON-SUBSTANTIVE CORRECTIONS:
February 23, 2000 - converted to MS Word

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