The Honorable Bob Wieckowski
The Honorable Franklin Bigelow
California State Assembly
State Capitol
Sacramento, CA 95814
April 3, 2013
Reference: AB 350 (Wieckowski and Bigelow)
CLFA Position: SUPPORT
Dear Assemblymembers Wieckowski and Bigelow,
CLFA has reviewed AB 350 and we strongly support this bill. Increasing the maximum
stump diameter of trees that may be harvested under the Forest Fire Prevention Exemption (FFPE)
will substantially increase the utility of this regulatory mechanism for decreasing both wildfire risk
and severity while responsibly managing California’s private forestlands.
Fire is part of the natural ecology of California’s forested landscapes, but in today’s world it
can only rarely be allowed to burn freely. The creation and maintenance of managed fuelbreaks in
California’s timberlands – defensible space – is critical for the safety and effectiveness of firefighting
personnel in emergency situations. The presence of such comprehensive treatments can also allow
for prescribed fire to be responsibly introduced to certain landscapes under carefully controlled
conditions.
Increasing the number of timberland acres treated under the FFPE will reduce wildfire risks
and lower fire suppression costs to the public. It will improve forest health and ecological resiliency.
A 2012 analysis prepared by the Senate Natural Resources and Water Committee for SB
1541 (successful legislation which removed the sunset date for the FFPE) indicated that, according to
CAL FIRE data, the FFPE had up to that time only been utilized on 8400 total acres, much of it in
Southern California. CLFA believes that 8400 treated acres over a span of 7 years is grossly
inadequate, given the backlog of timberland acres that need treatment and the shortage of cost
effective, environmentally feasible tools to aggressively reduce flammable woody fuels.
CLFA believes that the primary reason that the FFPE has been underutilized is that foresters
are not allowed to remove trees, in most cases, that are greater than 18 inches in stump diameter
(outside bark diameter 8” above ground level). Because trees taper greatly between the ground and
diameter breast height (DBH1), this restriction has in practice prevented the removal of trees greater
than 12-14 inches DBH. In their natural settings, trees of this size often are actually small in
comparison to their sylvan neighbors, and may contribute to unacceptably high fuel loading.
One reason the 18 inch stump diameter was originally required was because of a concern that
without this limitation the FFPE could be abused. CLFA is not aware of any reports of abusive or
illegal application of this exemption during the years that the FFPE has been in existence.
One of the requirements of the FFPE is to “increase the quadratic mean diameter of the
2
stand. ” This formula automatically protects the large tree component of the stand, because the
1
Diameter Breast Height is a technical term for the diameter of a tree measured at 4 ½ feet in height on the uphill
side. The term, although technical, also describes the way that trees are conventionally viewed by the human eye.
In other words, when we describe a tree’s diameter, we are normally referring to something very close to DBH, and
not to its ground level, or stump diameter.
2
PRC 4584(j)(2)
average tree size in the post-treatment stand must be greater than the average tree size that existed
prior to treatment. In other words, a “thinning from below”, to use forestry jargon.
The spatial arrangement of trees in a forested landscape is highly variable. Professional
foresters need flexibility in meeting the objectives of the FFPE in order to create and maintain
functional fuelbreaks. A functional fuel break needs to address both “the vertical continuity of
vegetative fuels and the horizontal continuity of tree crowns3”. The current restrictions within the
FFPE allow foresters to address the vertical continuity of fuels (i.e. “ladder fuels”), but can restrict
the ability to address the continuity and density of tree crowns.
The increase in allowable stump diameter proposed by AB 350 will increase the operational
flexibility needed to make high quality fuelbreaks.
It’s also important to clarify that the term “Exemption” as it applies to the Forest Practice Act
can be misleading. The exempt activity is the costly preparation and submission of a full blown
timber harvesting plan. The qualifying activities and their associated limitations are clearly spelled
out in law and regulation. All operations under an Exemption are required to comply with the State’s
comprehensive Forest Practice Rules. Monitoring and enforcement is conducted by CAL FIRE,
which can issue violations, pursue civil penalties, place liens on property and take other actions as
needed to assure regulatory compliance. This ensures that the public interest is being protected
while, in the case of an Exemption such as the FFPE, reducing the costs to landowners who
participate in these specified forest management activities.
CLFA believes that the proposed changes by AB 350 are overdue and will benefit the state’s
wildfire preparedness while increasing forest health. We believe that this legislation would greatly
boost the future use of the FFPE, while maintaining the FFPE’s extensive environmental safeguards.
A more robust FFPE will provide a tool that professional foresters can use to responsibly attack the
problem of densely overstocked, highly flammable timber stands that exist on millions of acres of
California timberlands.
Thank you for this opportunity to express the views of the California Licensed Foresters
Association.
Sincerely,
Matt Greene, RPF #2747
President
cc: The Honorable Wesley Chesbro, Chair, Assembly Natural Resources Committee.
Members, Assembly Natural Resources Committee.
Dr. J. Keith Gilless, Chair, State Board of Forestry and Fire Protection.
Mr. Ken Pimlott, Director, CAL FIRE.
The California Licensed Foresters Association, with a membership responsible for the
sustained management of millions of acres of California forestland, represents the common
interests of California Registered Professional Foresters. The Association provides
opportunities for continuing education and public outreach to its membership, which
includes professionals affiliated with government agencies, private timber companies,
consultants, the public, and the academic community. Governed by an elected Board of
Directors, CLFA was established in 1980 after the passage of the landmark California
Professional Foresters Law.
3
PRC 4584(j)(1)