Section 669-4-4 - The Silvicultural Treatment DesignationA.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 plan1.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 speciesa. 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 Operations1.Even-aged managementa. 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 regenerationa. 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; or2. 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.Amendments1.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,
01- 669 C.M.R. ch. 4, § 4