CR-103 (June 2004)(Implements RCW 34.05.360)RULE-MAKING ORDER

D Permanent Rule~ - Emergency Rule

Agency: Forest Practices Board

Effective date of rule:Emergency Rules

~ Immediately upon filing.U Later (specify)

Effective date of rule:Permanent Rules

0 31 days after filing.0 Other (specify) (If less than 31 days after filing, aspecific finding under RCW 34.05.380(3) Is required and should be stated below)

Any other findings required by other provisions of law as precondition to adoption or effectiveness of rule?0 Yes ~ No If Yes. explain:

Purpose:

To modify forest practices rules affecting Northern Spotted Owl habitat conservation

Citation of existing rules affected by this order:Repealed:Amended: WAC 222-16-010 "Northern spotted owl site center"; WAC 222-1 0-041 (4)(b)

--- ~uspended:RCW 34.05.350, RCWr~.09.040, RCW 76.09.050, R_CW 43.21C.120I StatutorY authority for adoption:

I Other authority:

(date).PERMANENT RULE ONLY (Including Expedited Rule Making)

Adopted under notice filed as WSR onDescribe any changes other than editing from proposed to adopted version

If a preliminary cost-benefit analysis was prepared under RCW 34.05.328, a final cost-benefit analysis is available by

contacting:Name: phone ( )Address: fax ( )

e-mail

EMERGENCY RULE ONLYUnder RCW 34.05.350 the agency for good cause finds:~ That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public

health, safety, or general welfare, and that observing the time requirements of notice and opportunity tocomment upon adoption of a permanent rule would be contrary to the public interest.

D That state or federal law or federal rule or a federal deadline for state receipt of federal funds requiresimmediate adoption of a rule.

Reasons for this finding: See attachment.

Date adopted: November 9. 2005 CODE REVISER USE ONLY

If any category is left blank, it will be calculated as zero.No descriptive text.

Note:

Count by whole WAC sections only, from the WAC number through the history note.A section may be counted in more than one category.

The number of sections adopted in order to comply with:

Amended

Amended

Amended

Repealed

Repealed

Repealed

Federal statute:

Federal rules or standards:

Recently enacted state statutes:

New

New

New

The number of sections adopted at the request of a nongovernmental entity:

New Amended Repealed

The number of sections adopted in the agency's own initiative:

RepealedNew Amended ~

The number of sections adopted in order to clarify, streamline, or reform agency procedures:

Amended RepealedNew

The number of sections adopted using:

Repealed

Repealed

Repealed

New

New

New

AmendedAmended

Amended

Negotiated rule making:

Pilot rule making:

Other alternative rule making: 2.

ATTACHMENT - Reasons for Immediate Adoption

Since the Forest Pract,c~s Board adopted rules to protect the habitat of the Northern Spotted Owl in 1996, theamount of suitable habitat within Spotted Owl Special Emphasis Areas, outside areas that are being managed underthe aegis of a habitat conservation plan or similar agreement, has declined by an average of 16%. Furthermore.fewer plans to conserve Northern Spotted Owl habitat at a landscape level have been developed than wasanticipated when the Northern Spotted Owl rules were adopted. With few landscape-level plans. the forest practicesrules continue to rely heavily upon the regulation of timber harvest at individual spotted owl sites to provide habitatconservation. The Forest Practices Board has determined that:

. In light of spotted owl population declines and reductions in the amounts of habitat in areas intended toprovide conservation, it is not logical to continue the practice of counting habitat that has actually beenharvested When calculating the amount of habitat remaining within a median home range circle (WAC 222-10-041 (4)(b».

. Habitats recently occupied by spotted owls are potentially important to spotted owl recovery and should bemaintained until a recovery plan has been completed by the United States Fish and Wildlife Service and theBoard has had the opportunity to consider ramifications of decertifying additional sites in light of recoverystrategies and goals (WAC 222-16-010 "Northern spotted owl site center").

AMENDATORY SECTIONeffective 6/13/02)

filed S/13/~2,WSR 02-1.1-075,{Amending

WAC 222-10-041 Northern spotted owls. The following policiesshall apply to forest practices subject to SEPA if the forestpractices may cause adverse impacts to northern spotted owls.

(1) In SOSBAs or areas of SOSBAs where the goal is demographicsupport, suitable spotted owl habitat should be maintained eitherto protect the viability of the owl(s) associated with eachnorthern spotted owl site center or to provide demographic supportfor that particular SOSEA as described in the SOSEA goals.

(2) In SOSBAs or areas of SOSBAs where the goal is dispersalsupport, either suitable spotted owl habitat should be maintainedto protect the viability of the owl(s) associated with eachnorthern spotted owl site center or dispersal habitat should bemanaged, over time, to provide the dispersal support for thatparticular SOSEA as described in the SOSEA goals. Dispersalsupport is provided by a landscape which includes dispersal habitatat the stand level interspersed with areas of higher qualityhabitat. Stands of dispersal habitat should be managed to reducegaps between stands and to maintain a sufficient level of dispersalhabitat to meet the SOSEA goals over time.

(3) In SOSBAs or areas of SOSBAs where the goal is acombination of dispersa~ support and demographic support, eithersuitable spotted owl habitat should be maintained to protect theviability of the owl(s) associated with each northern spotted owlsite center or a variety of habitat conditions should be providedwhich in total are more than dispersal support and less thandemographic support. This can be accomplished by providing:

(a) Dispersal support as described in subsection (2) of thissection;

(b) Areas of suitable spotted owl habitat that contain someopportunities for nesting as well as roosting and foraging habitat;and

(c) Connectivity between areas of SOSEAs designated fordemographic support or adjacent federal lands which are designatedas late successional reserves, congressionally reserved areas, oradministratively withdrawn areas.

(4) Within SOSSA., the following amounts of suitable habitatare generally assumed to be necessary to maintain the viability ofthe owl(s) associated with each northern spotted owl site center,in the absence of more specific data or a mitigation plan, asprovided for in subsections (6) and (7) of this sectionrespectively:

(a) All suitable spotted owl habitat within 0.7 mile of eachnorthern spotted owl site center;

(b) Including the suitable spotted owl habitat identified in

1 OTS-8495.!

(a) of this subsection: 'I

(i) For the Hoh-Clearwater/Coastal Link SOSEA - A total of5,863 acres of suitable spotted owl habitat within the median homerange circle(~.7 mile radius).

(ii) For all other SOSEAs - A total of 2,605 acres of suitablespotted owl habitat within the median home range circle (1.8 mileradius) .

The department shall first identify the highest qualitysuitable spotted owl habitat for this purpose. Consideration shallbe given to habitat quality, proximity to the activity center andcontiguity in selecting the most suitable habitat. Suitablespotted owl habitat identified outside 0.7 mile of a northernspotted owl site center may support more than one median home rangecircle.

. «S~%t:ab%e spot:t:ed 0.% itab%t:~t: ~-..ary- est:ed br a %a..tdOwi..~r st..a%%C04..t:%..~'t;.e t:o be com~t:ed as part: of ~i:..~ t:o~a% acres !tecessarr- m-:..der

Eb~ of t:~~%g sttbsect:%o..~:'o... o~ite... %a!tdo.!'ters wi:t:it%..'t t:ite r"ed%a..t ito,r,e

ra"~ge ci:rc%e i:f t:i..~ itar~est: i:s co!'tdt%ct:ed pt!rs ~ t: t:o a9ree,..~..tt:sor

p;aJ:"..s apfJro-y-ed t:r..~der sttbsect:i:.:.,,1.~ E6~ of t:tti:s sect:i:oi-:" or w;..e 222-i6-

eee Ei~ t~~~ E%-v-~, E6~ Ea~ Ei:y~, or ff~ .»

(5) OUtside SOSBAs, during the nesting season (between March1 and August 31), seventy acres of the highest quality suitablespotted owl habitat surrounding a northern spotted owl site centershould be maintained. The seventy acres for one site center shallnot be utilized for meeting suitable habitat needs of any othersite center.

(6) The assumptions set forth in subsection (4) of thissection are based on regional data. Applicants or others maysubmit information that is more current, accurate, or specific toa northern spotted owl site center, proposal, or SOSEAcircumstances or goals. The department shall use such informationin making its determinations under this section where thedepartment finds, in consultation with the department of fish.andwildlife, that the information is more likely to be valid for theparticular circumstances than the assumptions established undersubsection (4) of this section. If the department does not use theinformation, it shall explain its reasons in writing to theapplicant.

(7) The department shall consider measures to mitigateidentified adverse impacts of an applicant's proposal. Mitigationmeasures must contribute to the achievement of SOSEA goals or tosupporting the viability of impacted northern spotted owl sitecenters.

2 OTS-8495.1

filed 5/31/05,(Amending WSR 05-12-119,AMENDATORY SECTIONeffective 7/1/05)

WAC 222-16-010 *Genera1 definitions. Unless otherwiserequired by context, as used in these rules:

-Act- means the Forest Practices Act, chapter 76.09 RCW."Affected Indian tribe8 means any federally recognized Indian

tr.ibe that requests in writing from the department information onforest practices applications and notification filed on specifiedareas.

"Alluvial fan8 see "sensitive sites" definition.-Appeals board- means the forest practices appeals board

established in the act.8Aquatic resources8 means water quality, fish, the Columbia

torrent salamander (Rhyacotriton kezeri), the Cascade torrentsalamander (Rhyacotriton cascadae), the Olympic torrent salamander(Rhyacotriton olympian), the Dunn's salamander (Plethodon dunni),the Van Dyke's salamander (Plethodon vandyke), the tailed frog(Ascaphus truei) and their respective habitats.

-Area of resource sensitivity8 means areas identified inaccordance with WAC 222-22-050 (2) (d) or 222-22-060(2).: -Bankfull depth8 means the average vertical distance betweenthe channel bed and the estimated water surface elevation requiredto completely fill the channel to a point above which water wouldenter the floodplain or intersect a terrace or hillslope. In caseswhere multiple channels exist, the bankfull depth is the averagedepth of all channels along the cross-section. (See board manualsection 2.)

-Bankfull width8 means:(a) For streams - the measurement of the lateral extent of the

water surface elevation perpendicular to the channel at bankfulldepth. In cases where multiple channels exist, bankfull width isthe sum of the individual channel widths along the cross-section(see board manual section 2).

(b) For lakes, ponds, and impoundments - line of mean highwater.

(c) For tidal water - line of mean high tide.(d) For periodically inundated areas of associated wetlands -

line of periodic inundation, which will be found by examining theedge of inundation to ascertain where the presence and action ofwaters are so common and usual, and so long continued in allordinary years, as to mark upon the soil a character distinct fromthat of the abutting upland.

"Basal area- means the area in square feet of the crosssection of a tree bole measured at 4 1/2 feet above the ground.

"Bedrock hollows- (colluvium-filled bedrock hollows, orhollows; also referred to as zero-order basins, swales, or bedrock~

( 1 OTS-8491.2

depressions) means landforms that are commonly spoon-shaped areasof convergent topography within unchannelled valleys on hillslopes.

(See board manual section 16 for identification criteria.)-Board- means the forest practices board established by the

act""Bog" means wetlands which have the following characteristics:

Hydric organic soils (peat and/or muck) typically 16 inches or morein depth (except over bedrock or hardpan); and vegetation such assphagnum moss, Labrador tea, bog laurel, bog rosemary, sundews, andsedges; bogs may have an overstory of spruce, western hemlock,lodgepole pine, western red cedar, western white pine, Oregoncrabapple, or quaking aspen, and may be associated with open water.

This includes nutrient-poor fens. (See board manual section 8.)-Borrow pit" means an excavation site outside the limits of

construction to provide material necessary to that construction,such as fill material for the embankments.

-Bull trout habitat overlay" means those portions of EasternWashington streams containing bull trout habitat as identified onthe department of fish and wildlife's bull trout map. Prior to thedevelopment of a bull trout field protocol and the habitat-basedpredictive model, the "bull trout habitat overlay" map may bemodified to allow for locally-based corrections using current data,field knowledge, and best professional judgment. A landowner maymeet with the departments of natural resources, fish and wildlifeand, in consultation with affected tribes and federal biologists,determine whether certain stream reaches have habitat conditionsthat are unsuitable for supporting bull trout. If such adetermination is. mutually agreed upon, documentatiGn submitted tothe department will result in the applicable stream reaches nolonger being included within the definition of bull trout habitatoverlay. Conversely, if suitable bull trout habitat is discoveredoutside the current mapped range, those waters will be includedwithin the definition of "bull trout habitat overlay" by a similarprocess.

Bull Trout Overlay Map

[ 2 OTS-849.1.2

~

~

"Channel mdgration zone (CMZ). means the area where the activechannel of a stream is prone to move and this results in apotential near-term loss of riparian function and associatedhabitat adjacent to the stream, except as modified by a permanentlevee or dike. For this purpose, near-term means the time scalerequired to grow a mature forest. (See board manual section 2 fordescriptions and illustrations of CMZs and delineation guidelines.)

.Chemicals. means substances applied to forest lands or timberincluding pesticides, fertilizers, and other forest chemicals.

( 3 OTS-8491.2

"Clearcut" means a harvest method in which the entire stand oftrees is removed in one timber harvesting operation. .. Except as

provided in WAC 222-30-110, an area remains clearcut until:It meets the minimum stocking requirements under WAC 222-34-

010(2) or 222-34-020(2); andThe largest trees qualifying for the minimum stocking levels

have surVived on the area for five growing seasons or, if not, theyhave reached an average height of four feet.

-Columbia River Gorge National Scenic Area or CRGNSA- meansthe area established pursuant to the columbia River Gorge NationalScenic Area Act, 16 U.S.C. § 544b(a).

-CRGNSA special management area. means the areas designated inthe Columbia River Gorge National Scenic Area Act, 16 U.S.C. §544b(b) or revised pursuant to 16 U.S.C. § 544b(c). For purposesof this rule, the special management area shall not include anyparcels excluded by 16 U.S.C. § 544f(o).

.CRGNSA special management area guidelines- means theguidelines and land use designations for forest practices developedpursuant to 16 U.S.C. § 544f contained in the CRGNSA managementplan developed pursuant to 15 U.S.C. § 544d.

.Commercial tree species. means any species which is capableof producing a merchantable stand of timber on the particular site,or which is being grown as part of a Christmas.tree or ornamentaltree-growing operation.

.Completion of harvest- means the latest of:Completion of removal of timber from the portions of forest

lands harvested in the smallest logical unit that will not bedisturbed by continued logging or an approved slash disposal planfor adjacent areas; or

Scheduled completion of any slash disposal operations wherethe department and the applicant agree within 6 months ofcompletion of yarding that slash disposal is necessa~ or desirableto facilitate reforestation and agree to a time schedule for suchslash disposal; or

Scheduled completion of any site preparation or rehabilitationof adjoining lands approved at the time of approval of theapplication or receipt of a notification: Provided, That delay ofreforestation under this p~ragraph is permitted only to the extentreforestation would prevent or unreasonably hinder such sitepreparation or rehabilitation of adjoining lands.

.Constructed wetlands- means those wetlands voluntarilydeveloped by the landowner. Constructed wetlands do not includewetlands created, restored, or enhanced as part of a mitigationprocedure or wetlands inadvertently created as a result"ofcurrentor past practices including, but not limited to: . Roadconstruction, landing construction, railroad construction, orsurface mining.

.Contamination- means introducing into the atmosphere, soil,or water, sufficient quantities of substances as may be injuriousto public health, safety or welfare, or to domestic, commercial,industrial, agriculture or recreational uses, or to livestock,wildlife, fish or other aquatic life.

OTS-8491.2[ 4

"Convergent headwalls" (or headwalls) means teardrop-shapedlandforms, bro~d at the ridgetop and terminating where headwatersconverge into a single cb~nnel.; they; are broadly concave bothlongitudinally and across the slope, but may contain sharp ridgesseparating the headwater channels. (See board manual section 16for identification criteria.)

"Conversion option harvest plann means a voluntary plandeveloped by the landowner and approved by the local governmentalentity indicating the limits of harvest areas, road locations, andopen space.

nConversion to a use other than commercial t~er operation"means a bona fide conversion to an active use which is incompatiblewith timber growing.

"Cooperative habitat enhancement agre~~nt (CHBA)- see WAC222-16-105.

"Critical habitat (federal)- means the habitat of anythreatened or endangered species designated as critical habitat bythe United States Secretary of the Interior or Commerce underSections 3 (5) (A) and 4 (a) (3) of the Federal Endangered SpeciesAct.

"Critical nesting season. means for marbled murrelets - April1 to August 31.

.Critical habitat (state)- means those habitats designated bythe board in accordance with WAC 222-16-080.

.Cultural resources. means archaeological and historic sitesand artifacts, and traditional religious, ceremonial and socialuses and activities of affected Indian tribes.;;: "Cumulative effects. means the changes to the environmentcaused by the interaction of natural ecosystem processes with theeffects of two or more forest practices.

-Daily peak activity. means for marbled murrelets - one hourbefore official sunrise to two hours after official sunrise and onehour before official sunset to one hour after official sunset.

"Debris. means woody vegetative residue less than 3 cubic feetin size resulting from forest practices activities which wouldreasonably be expected to cause significant damage to a publicresource.

-Deep-seated landslides. means landslides in which most of thearea of the slide plane or zone lies below the maximum rootingdepth of forest trees, to depths of tens to hundreds of feet. (Seeboard manual section 16 for identification criteria.)

.Demographic support. means providing sufficient suitablespotted owl habitat within the SOSEA to maintain the viability ofnorthern spotted owl sites identified as necessary to meet theSOSEA goals.

.Department- means the department of natural resources.-Desired future condition (DPC). is a reference point on a

pathway and not an endpoint for stands. DFC means the standconditions of a mature riparian forest at 140 years of age, themidpoint between 80 and 200 years. Where basal area is the onlystand attribute used to describe 140-year old stands, these arereferred to as the "Target Basal Area."

5 OTS-84.91.2

"Diameter at breast height (dbh) - means the diameter of a treeat 4 1/2 feet _above the ground measured from the uphill side.

"Dispersal habitat- see WAC 222-16-085(2).nDispersal support- means providing sufficient dispersal

habitat for the interchange of northern spotted owls within oracross the SOSEA, as necessary to meet SOSEA goals. Dispersalsupport is provided by a landscape consisting of stands ofdispersal habitat interspersed with areas of h~gher qualityhabitat, such as suitable spotted owl habitat found within RMZs,WMZs or other required and voluntary leave areas.

-Drainage structure- means a construction technique or featurethat is built to relieve surface runoff and/or intercepted groundwater from roadside ditches to prevent excessive buildup in watervolume and velocity. A drainage structure is not intended to carryany typed water. Drainage structures include structures such as:Cross drains, relief culverts, ditch diversions, water bars, OJ:other such structures demonstrated to be equally effective.

-.astern Washington" means the geographic area in Washingtoneast of the crest of the Cascade Mountains from the internationalborder to the top of Mt. Adams, then east of the ridge linedividing the White Salmon River drainage from the Lewis Riverdrainage and east of the ridge line dividing the Little WhiteSalmon River drainage from the Wind River drainage to theWashington-Oregon state line.

Eastern Washington Definition Map

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~ ~ WA . E8.-m 'M 0;.- line

RBastern Washington t~er habitat types. means elevationranges associated with tree species assigned for the purpose ofriparian management according to the following:

6 OTS-8491.2

Timber Habitat Types

ponderosa pinemixed conifer

high elevation

Elevation Ranges0 - 2500 feet

2501 - 5000 feet

above 5000 feet

nEdge- of any water means the outer edge of water'sbankfull width or, where applicable, the outer of theassociated channel migration zone.

-End hauling- means the removal and transportation ofexcavated material, pit or quarry overburden, or landing or roadcut material from the excavation site to a deposit site notadjacent to the point of removal.

-Bquipment limitation zone- means a 30-foot wide zone measuredhorizontally from the outer edge of the bankfull width of a Type Npor Ns Water. It applies to all perennial and seasonal nonfishbearing streams.

nErodible soils- means those soils that, when exposed ordisplaced by a forest practices operation, would be readily movedby water.

-Even-aged harvest methods- means the following harvestmethods:

Clearcuts;Seed tree harvests in which twenty or fewer trees per acre

remain after harvest;Shelterwood regeneration harvests in which twenty or fewer

trees per acre remain after harvest;~ Group or strip shelterwood harvests creating openings widerthan two tree heights, based on dominant trees;

Shelterwood removal harvests which leave fewer than onehundred fifty trees per acre which are at least five years old orfour feet in average height;

Partial cutting in which fewer than fifty trees per acreremain after harvest;

OVerstory removal when more than five thousand board feet peracre is removed and fewer than fifty trees per acre at least tenfeet in height remain after harvest; and

Other harvesting methods designed to manage for multiple ageclasses in which six or fewer trees per acre remain after harvest.

Except as provided above for shel terwood removal harvests andoverstory removal, trees counted as remaining after harvest shallbe at least ten inches in diameter at breast height and have atleast the top one-third of the stem supporting green, live crowns.Except as provided in WAC 222-30-110, an area remains harvested byeven-aged methods until it meets the minimum stocking requirementsunder WAC 222-34-010(2) or 222-34-020(2) and the largest treesqualifying for the minimum stocking levels have survived on thearea for five growing seasons or, if not, they have reached anaverage height of four feet.

.Pen- means wetlands which have the following characteristics:Peat soils 16 inches or more in depth (except over bedrock); andvegetation such as certain sedges, hardstem bulrush and cattails;fens may have an overstory of spruce and may be associated with

theedge

OTS-8491.21

open water.-Fertiliz_ers- means any substance or any combination or

mixture of substances used principally as a source of plant food orsoil amendment.

-Fill- means the placement of earth material or aggregate forroad or landing construction or other similar activities.

"Fish- means for purposes of these rules, species of thevertebrate taxonomic groups of Cephalospidomorphi and Osteichthyes.

-Fish habitat- means habitat, which is used by fish at anylife stage at any time of the year including potential habitatlikely to be used by fish, which could be recovered by restorationor management and includes off-channel habitat.

-Fish Dassaa. barrier- means anv artificial instream structurethat i!D.Qedes the free Dassaae of fish.

"Flood level - 100 year- means a calculated flood event flowbased on an engineering computation of flood magnitude that has a1 percent chance of occurring in any given year. For purposes offield interpretation, landowners may use the following methods:

Flow information from gauging stations;Field estimate of water level based on guidance for

"Determining the lOO-Year Flood Level" in the forest practicesboard manual section 2.

The lOO-yearflood level shall not include those lands thatcan reasonably be expected to be protected from flood waters byflood control devices maintained by or under license from thefederal government, the state, or a political subdivision of thestate.

-Forest land- means all land which is capable of supporting amerchantable stand of timber and is not being actively used for ause which is incompatible with timber growing. For roadmaintenance and abandonment Dlannina and imolementation for smallforest landowners. "forest land" excludesanv of the followina:

(a) Residential home sites. A residential home site mav be UDto five acres in size. and must have a fixed structure. in use as aresidence:

(b) Crogfields. orchards. vineyards. Dastures. feedlots. fishgens. and the land on which aDDurtenances necessarv to the

rodu t'o e ration or sale of cro s fruit ai cfish. and livestock exist.

-Forest land owner- means any person in actual control offorest land, whether such control is based either on legal orequitable title, or on any other interest entitling the holder tosell or otherwise dispose of any or all of the timber on such land.in any manner«. prov-%ded, ~hae». However. any lessee or otherperson in possession of forest land without legal or equitabletitle to such land shall be excluded from the definition of "forestland owner" unless such lessee or other person has the right tosell or otherwise dispose of any or all of the timber located onsuch forest land.

(1) "Large forest landowner." for DUrDOSeS of road maintenanceand abandonment glannina. means any forest landowner who is not asmall forest landowner.

I 8 OTS-8491.2

(2) "Small forest landownerR is a forest landowner who at thetime of submittinq a forest practices application or notification:

(a) Has harvested from his or her own forest lands- inWashinqton state no more than an averaqe timber volume of twomillion board feet per year durinq the three years Qrior tosubmittinq the forest Qractices application or notification to thedepartment: and

(b) Certifies that he or she does not expect to harvest fromhis or her own forest lands in the state more than an averagetimber volume of two million board feet Qer year during the tenyears followinq the submission of a forest practices aQQlication ornotification to the deQartment.

(c) A landowner who exceeded the harvest threshold asdescribed above. or expects to exceed the harvest limits durina anyof the following ten years. will still be considered a "smallforest landowner" if:

(i) He or she establishes to the deQartment's reasonablesatisfaction that the harvest limits were or will be exceeded inorder to raise funds to Qay estate taxes: or

(ii) There is an eQUally compellina and unexDected obligation.such as for a court-ordered judgment or for extraordina~ medicalexQenses.

(d) For the pUrDoses of the forest~ riQarian easementproqram. "small forest landowner" is defined in WAC 222-21-010(13)..

RForest practiceR means any activity conducted on or directlypertaining to forest land and relating to growing, harvesting, orprocessing timber, including but not limited to:

~ Road and trail construction;Harvesting, final and intermediate;precommercial thinning;Reforestation;Fertilization;Prevention and suppression of diseases and insects;Salvage of trees; andBrush control."Forest practice" shall not include: Forest species seed

orchard operations and intensive forest nursery operations; orpreparatory work such as tree marking, surveying and road flagging;or removal or harvest of incidental vegetation from forest landssuch as berries, ferns, greenery, mistletoe, herbs, mushrooms, andother products which cannot normally be expected to result indamage to forest soils, timber or public resources.

"Forest roadR means ways, lanes, roads, or driveways on forestland used since 1974 for forest practices or forest managementactivities such as fire control. "Forest roads" does not includeskid trails, highways, or county roads except where the county isa forest landowner or operator. "Forest road." as it aDPlies toroad maintenance and abandonment Qlanning for small forestlandowners. means a road or road segment that crosses forest landsowned by the small forest landown~r. but excludes Qortions ofaccess roads to residential home sites not used as a part of acurrent forest Qractice involving harvest or salvaae of trees.

r 9 1 OTS-84.91.2

nForest treesn does not include hardwood trees cultivated byagricultural ~~thods in growing cycles shorter than 15 years if thetrees were planted on land that was not in forest use immediatelybefore the trees were planted and before the land was prepared forplanting the trees. "Forest trees" includes Christmas trees butdoes not include Christmas trees that are cultivated byagricultural methods, as that term is defined in RCW 84.33.035.

nFull bench road- means a road constructed on a side hillwithout using any of the material removed from the hillside as apart of the road. This construction technique is usually used onsteep or unstable slopes.

nGreen recruitment trees- means those trees left after harvestf~r the purpose of becoming future wildlife reserve trees under WAC222-30-020(11) .

-Ground water recharge areas for glacial deep-seated slidesnmeans the area upgradient that can contribute water to thelandslide, assuming that there is an impermeable perching layer inor under a deep-seated landslide in glacial deposits. (See boardmanual section 16 for identification criteria.)

-Headwater spring- means a permanent spring at the head of aperennial channel. Where a headwater spring can be found, it willcoincide with the uppermost extent of Type Np Water.

-Herbicide- means any substance or mixture of substancesintended to prevent, destroy, repel, or mitigate any tree, bush,weed or algae and other aquatic weeds.

nHistoric site- includes:Sites, areas and structures or other evidence of human

activities illustrative of the origins, evolution and developmentof the nation, state or locality; or

Places associated with a personality important in history; orPlaces where significant historical ~vents are known to have

occurred even though no physical evidence of the event remains.RHorizontal distance- means the distance between two points

measured at a 0% slope.nHyporheicR means an area adjacent to and below channels where

interstitial water is exchanged with channel water and watermovement is mainly in the downstream direction.

-Identified watershed processes- means the followingcomponents of natural ecological processes that may in someinstances be altered by forest practices in a watershed:

Mass wasting;Surface and road erosion;Seasonal flows including hydrologic peak and low flows and

annual yields (volume and timing);Large organic debris;Shading; andStream bank and bed stability.RInner gorgesR means canyons created by a combination of the

downcutting action of a stream and mass movement on the slopewalls; they commonly show evidence of recent movement, such asobvious landslides, vertical tracks of disturbance vegetation, orareas that are concave in cohtour and/or profile. (See bOard

OTS-8491.2to

manual section 16 for identification criteria.)"Insectic_ide- means any substance or mixture of substances

intended to prevent, destroy, repel, or mitigate any insect, otherarthropods or mollusk pests. ' "'l',l".,l'!,,!'tc':

-Interdisciplinary team- (ID Team) means a group of varyingsize comprised of individuals having specialized expertise,assembled by the department to respond to technical questionsassociated with a proposed forest practices activity.

"Islands- means any island surrounded by salt water in Kitsap,Mason, Jefferson, Pierce, King, Snohomish, Skagit, Whatcom, Island,or San Juan counties.

nLimits of construction- means the area occupied by thecqmpleted roadway or landing, including the cut bank, fill slope,and the area cleared for the purpose of constructing the roadway orlanding.

"Load bearing portion- means that part of the road, landing,etc., which is supportive soil, earth, rock or other materialdirectly below the working surface and only the associated earthstructure necessary for support.

-Local governmental entity- means the governments of countiesand the governments of cities and towns as defined in chapter 35.01RCW.

-Low ~act harvest- means use of any logging equipment,methods, or systems that minimize compaction or disturbance ofsoils and vegetation during the yarding process. The departmentshall determine such equipment, methods or systems in consultation.with the department of ecology.=: -Marbled murrelet detection area- means an area of landassociated with a visual or audible detection of a marbledmurrelet, made by a qualified surveyor which is documented andrecorded in the department of fish and wildlife data base. Themarbled murrelet detection area shall be comprised of the sectionof land in which the marbled murrelet detection was made and theeight sections of land immediately adjacent to that section.

~-'. .".'.'".

r//... Detection Section

~~~

i .! Detecuon Area:',/1

"Marbled murrelet nesting platfo~- means any horizontal treestructure such as a limb, an area where a limb branches, a surfacecreated by multiple leaders, a deformity, or a debris/moss platformor stick nest equal to or greater than 7 inches in diameterincluding associated moss if present, that is SO feet or more abovethe ground in trees 32 inches dbh and greater (generally over 90years of age) and is capable of supporting nesting by marbledmurrelets.

"Median home range circle- means a circle, with a specifiedradius, centered on a spotted owl site center. The radius for themedian home range circle in the Hoh-Clearwater/Coastal Link SOSEA

[11 ] OTS-8491.2

is 2.7 miles; for all other SOSEAs the radius is 1.8 miles."Merchant_able stand of timber" means a stand of trees that

will yield logs and/or fiber:Suitable in size and quality for the prOduction of lumber,

plywood, pulp or other forest products;Of sufficient value at least to cover all the costs of harvest

and transportation to available markets."Multiyear pe~t- means a permit to conduct forest practices

which is effective for longer than two years but no longer thanfive years.

"Northern spotted owl site center- means~{1} Until June 30. 2007. the location of northern s~otted

owls:(a) Recorded bv thedeDartment of fish and wildlife as status

1. 2 or 3 on November 1. 2005: or(b) Newlv discovered and recorded bv the deDartment of fish

and wildlife as status 1. 2 or 3 after November 1. 2005.(2) After June 30. 2007. the location of status 1, 2 or 3

northern spotted owls based on the following definitions:

Status 1: Pair or reproductive - a male and female heardand/or observed in close proximity to each other-onthe same visit, a female detected on a nest, or oneor both adul ts observed wi th young.

Status 2: Two birds, pair status unknown - the presence orresponse of two birds of opposite sex where pairstatus cannot be determined and where at least onemember meets the resident territorial singlerequirements.

Status 3: Resident territorial single - the presence orresponse of. a single owl within the same generalarea on three or more occasions within a breedingseason with no response by an owl of the oppositesex after a complete survey; or three or moreresponses over several years (i.e., two responsesin year one and one response in year two, for thesame general area).

In determining the existence, location, and status of northernspotted owl site centers, the department shall consult with thedepartment of fish and wildlife and use only those sites documentedin substantial compliance with guidelines or protocols and qualitycontrol methods established by and available from the department offish and wildlife.

"Notice to comply. means a notice issued by the departmentpursuant to RCW 76.09.090 of the act and may require initiationand/or completion of action necessary to prevent, correct and/orcompensate for material damage to public resources which resultedfrom forest practices.

"Occupied marbled murrelet site- means:(1) A contiguous area of suitable marbled murrelet habitat

where at least one of the following marbled murrelet behaviors orconditions occur:

12 OT$-8491.2

(a) A nest is located; or(b) Downy- chicks or eggs or egg shells are found; or(c) Marbled murrelets are det~c~~d,..flying below, through, intoor out of the forest canopy; or '

(d) Birds calling from a stationary location within the area;or

(e) Birds.circling above a timber stand within one tree heightof the top of the canopy; or

(2) A contiguous forested area, which does not meet thedefinition of suitable marbled murrelet habitat, in which any ofthe behaviors or conditions listed above has been documented by thedepartment of fish and wildlife and which is distinguishable fromthe adjacent forest based on vegetative characteristics importantto nesting marbled murrelets.

(3) For sites defined in (1) and (2) above, the sites will bepresumed to be occupied based upon observation of circlingdescribed in (1) (e), unless a two-year survey following the 2003Pacific Seabird Group (PSG) protocol has been completed and anadditional third-year of survey following a method listed below iscompleted and none of the behaviors or conditions listed in (1) (a)through (d) of this definition are observed. The landowner maychoose one of the following methods for the third-year survey:

(a) Conduct a third-year survey with a minimum of nine visitsconducted in compliance with 2003 PSG protocol. If one or moremarbled murrelets are detected during any of these nine visits,three additional visits conducted in compliance with the protocolof the first nine visits shall be added to the third-year survey.

.-Department of fish and wildlife shall be consulted prior toinitiating third-year surveys; or. (b) Conduct a third-year survey designed in consultation with

the department of fish and wildlife to meet site specificconditions.

(4) For sites defined in (1) above, the outer perimeter of theoccupied site shall be presumed to be the closer, measured from thepoint where the observed behaviors or conditions listed in (1)

above occurred, of the following:(a) 1.5 miles from the point where the observed behaviors or

conditions listed in (1) above occurred; or(b) The beginning of any gap greater than 300 feet wide

lacking one or more of the vegetative characteristics listed under"suitable marbled murrelet habitat"; or

(c) The beginning of any narrow area of "suitable marbledmurrelet habitat" less than 300 feet in width and more than 300

feet in length.(5) For sites defined under (2) above, the outer perimeter of

the occupied site shall be presumed to be the closer, measured fromthe point where the observed behaviors or conditions listed in (1)

above occurred, of the following:(a) 1.5 miles from the point where the observed behaviors or

conditions listed in (1) above occurred; or(b) The beginning of any gap greater than 300 feet wide

lacking one or more of the distinguishing vegetativecharacteristics important to murreletls; or

OTS-8491.2[ 13

(c) The beginning of any narrow area of suitable marbledmurrelet habitat, comparable to the area where the observedbehaviors or conditions listed in (1) above occurred, less than 300feet in width and more than 300 feet in length.

(6) In determining the existence, location and status ofoccupied marbled murrelet sites, the department shall consult withthe depa'rtment of fish and wildlife and use only those sitesdocumented in substantial compliance with guidelines or protocolsand quality control methods established by and available from thedepartment of fish and wildlife.

"Old forest habitat. see WAC 222-16-085 (1) (a)."Operator. means any person engaging in forest practices

except an employee with wages as his/her sole compensation..Ordinary high-water markw means the mark on the shores of all

waters, which will be found by examining the beds and banks andascertaining where the presence and action of waters are so commonand usual, and so long continued in all ordina~ years, as to markupon the soil a character distinct from that of the abuttingupland, in respect to vegetation: Provided, That in any area wherethe ordinary high-water mark cannot be found, the ordina~ high-water mark adjoining saltwater shall be the line of mean high tideand the ordina~ high-water mark adjoining freshwat,er shall be theline of mean high-water.

WOther forest chemicals. means fire retardants when used tocontrol burning (other than water), nontoxic repellents, oil, dust-control agents (other than water), salt, and other chemicals usedin forest management, except pesticides and fertilizers, that maypresent hazards to the environment.

.ParkW means any park included on the parks registermaintained by the department pursuant to WAC 222-20-100(2).Developed park recreation area means any park area developed forhigh density outdoor recreation use.

.Partial cuttingW means the removal of a portion of themerchantable volume in a stand of timber so as to leave an uneven-aged stand of well-distributed residual, healthy trees that willreasonably utilize the productivity of the soil~ Partial cuttingdoes not include seedtree or shelterwood or other types ofregeneration cutting.

.Pesticide- means any' insecticide, herbicide, fungicide, orrodenticide, but does not include nontoxic repellents or otherforest chemicals.

wPlantable area- is an area capable of supporting a commercialstand of timber excluding lands devoted to permanent roads, utilityrights-of-way, that portion of riparian management zones wherescarification is not permitted, and any other area devoted to a useincompatible with commercial timber growing.

WPower equipment. means all machine~ operated with fuelburning or electrical motors, including heavy machine~, chainsaws, portable generators, pumps, and powered backpack devices.

.Preferred tree speciesn means the following species listed indescending order of priority for each timber habitat type:

1 OTS-8491.214

Mixed coniferhabitat typeall hardwoods

western larch

ponderosa pinewestern red cedar

western white pine

Douglas-fIr

lodgepole pine

Ponderosa pinehabitat typeall hardwoods

ponderosa pinewestern larch

Douglas-firwestern red cedar

"Public resources- means water, fish, and wildlife and inaddition means capital improvements of the state or its politicalsubdivisions.

-Qualified surveyor- means an individual who has successfullycompleted the marbled murrelet field training course offered by thedepartment of fish and wildlife or its equivalent.

-Rehabilitation- means the act of renewing, or making usableand reforesting forest land which was poorly stocked or previouslynonstocked with commercial species.

-Resource characteristics- means the following specificmeasurable characteristics of fish, water, and capital improvementsof the state or its political subdivisions:

For fish and water:Physical fish habitat, including temperature and turbidity;Turbidity in hatchery water supplies; andTurbidity and volume for areas of water supply.

~ For capital improvements of the state or its political

subdivisions:- Physical or structural integrity.

If the methodology is developed and added to the manual toanalyze the cumulative effects of forest practices on othercharacteristics of fish, water, and capital improvements of thestate or its subdivisions, the board shall amend this list toinclude these characteristics.

"Riparian function- includes bank stability, the recruitmentof woody debris, leaf litter fall, nutrients, sediment filtering,shade, and other riparian features that are important to bothriparian forest and aquatic system conditions.

-Riparian management zone (RMZ) - means:(1) For Western Washington(a) The area protected on each side of a Type S or F Water

measured horizontally from the outer edge of the bankfull width orthe outer edge of the CMZ, whichever is greater (see table below);and

Western Washington TotalRMZ Width

200'

170'140'

110'

Site Class

I

IIIII

IV

15 OTS-8491.2

Western Washington T ota}RMZ Width

90'

Site Class

V,(b) The area protected on each s~de of Type Np Waters,

measured horizontally from the outer edge "of the bankfull width.(See WAC 222-30-021{2).)

(2) Por Eastern Washington(a) The area protected on each side of a Type S or F Water

measured horizontally from the outer edge of the bankfull width orthe outer edge of the CMZ, whichever is greater (see table below);and

Eastern Washington TotalRMZ Width

130'

110'

90' or 100'.

75' or 100'.75' or 100'.

Site Class

I

II

ill

IV

V

* Dependent upon stream size. (See WAC 222-30-022.)

(b) The area protected on each side of Type Np Waters,measured horizontally from the outer edge of the bankfull width.(See WAC 222-30-022(2).)

(3) Por exempt 20 acre parcels, a specified area alongsideType Sand F Waters where specific measures are taken to protectwater quality and fish and wildlife habitat.

-RMZ core zone- means:(1) Por Western Washington, the 50 foot buffer of a Type S or

F Water, measured horizontally from the outer edge of the bankfullwidth or the outer edge of the channel migration zone, whichever isgreater. (See WAC 222-30-021.)

(2) Por Bastern Washington, the 30 foot buffer of a Type S orF Water, measured horizontally from the outer edge of the bankfullwidth or the outer edge of the channel migration zone, whichever isgreater. (See WAC 222-30-022.)

-RMZ inner zone- means:(1) Por Western Wa8hington, the area measured horizontally

from the outer boundary of the core zone of a Type S or F Water tothe outer limit of the inner zone. The outer limit of the innerzone is determined based on the width of the affected water, siteclass and the management option chosen for timber harvest withinthe inner zone. (See WAC 222-30-021.)

(2) Por Bastern Washington, the area measured horizontallyfrom the outer boundary of the core zone 45 feet (for streams lessthan 15 feet wide) or 70 feet (for streams more than 15 feet wide)from the outer boundary of the core zone. (See WAC 222-30-022.)

"RMZ outer zone- means the area measured horizontally betweenthe outer boundary of the inner zone and the RMZ width as specifiedin the riparian management zone definition above. RMZ width is

[ 16 OTS-8491.2

measured from the outer edge of the bankfull width or the outeredge of the ch~nnel migration zone, whichever is greater. (See WAC222-30-021 and 222-30-022.)

-Road construction- means the establishment of any new sub-grade including widening, realignment, or modification of anexisting road prism, with the exception of replacing or installingdrainage structures, for the purposes of managing forest land underTitle 222 WAC.

-Road maintenance- means any road work specifically related tomaintaining water control or road safety and visibility (such as;grading, spot rocking, resurfacing, roadside vegetation control,water barring, ditch clean out, replacing or installing reliefculverts, cleaning culvert inlets and outlets) on existing forestroads.

-Rodenticide- means any substance or mixture of substancesintended to prevent, destroy, repel, or mitigate rodents or anyother vertebrate animal which the director of the state departmentof agriculture may declare by regulation to be a pest.

-Salvage- means the removal of snags, down logs, windthrow, ordead and dying materi~l.

.Scarification- means loosening the topsoil and/or disruptingthe forest floor in preparation for regeneration.

-Sensitive sites- are areas near or adjacent to Type Np Waterand have one or more of the following:

(1) Headwall seep is a seep located at the toe of a cliff orother steep topographical feature and at the head of a Type NpWater which connects to the stream channel network via overlandflow, and is characterized by loose substrate and/or fracturedbedrock with perennial water at or near the surface throughout theyear.

(2) Side-slope seep is a seep within 100 feet of a Type NpWater located on side-slopes which are greater than 20 percent,connected to the stream channel network via overland flow, andcharacterized by loose substrate and fractured bedrock, excludingmuck with perennial water at or near the surface throughout theyear. Water delivery to the Type Np channel is visible by someonestanding in or near the stream.

(3) Type NP intersection is the intersection of two or moreType Np Waters.

(4) Headwater spring means a permanent spring at the head ofa perennial channel. Where a headwater spring can be found, itwill coincide with the uppermost extent of Type Np Water.

(5) Alluvial fan means a depositional land form consisting ofcone-shaped deposit of water-borne, often coarse-sized sediments.

(a) The upstream end of the fan (cone apex) is typicallycharacterized by a distinct increase in channel width where astream emerges from a narrow valley;

(b) The downstream edge of the fan is defined as the sedimentconfluence with a higher order channel; and

(c) The lateral margins of a fan are characterized by distinctlocal changes in sediment elevation and often show disturbedvegetation.

( 17 OTS-8491.2

Alluvial fan does not include features that were formed underclimatic or g_e9logic conditions which are not currently present orthat are no longer dynamic.

.Shorelines of the state. shall have the same meaning as inRCW 90..58.030 (Shoreline Management Act) .

.Side castingn means the act of moving excavated material tothe side and depositing such material within the limits ofconstruction or dumping over the side and outside the limits ofconstruction.

.Site class. means a grouping of site indices that are used todetermine the 50-year or 100-year site class. In order todetermine site class, the landowner will obtain the site classindex from the state soil survey, place it in the correct indexrange shown in the two tables provided in this definition, andselect the corresponding site class. The site class will thendrive the RMZ width. (See WAC 222-30-021 and 222-30-022.)

(1) Por Western Washington

50-year site index range(state soil sUlVey)

137+

119-136

97-118

76-96

<7S

Site classInillNV

(2) For Eastern Washington

lOO-year siteindex range

(state soil survey)

120+101-120

81-10061-80~60

50-year siteindex range

(state soil survey)86+

72-85

58-7144-57<44

Site class

nillIVV

(3) For purposes of this definition, the site index at anylocation will be the site index reported by the Washington StateDepartment of Natural Resources State Soil Survey, (soil survey)and detailed in the associated forest soil summary sheets. If thesoil survey does not report a site index for the location orindicates noncommercial or marginal forest land, or the majorspecies table indicates red alder, the following apply:

(a) If the site index in the soil survey is for red alder, andthe whole RMZ width is within that site index, then use site classV. If the red alder site index is only for a portion of the RMZwidth, or there is on-site evidence that the site has historicallysupported conifer, then use the site class for conifer in the mostphysiographically similar adjacent soil polygon.

(b) In Western Washington, if no site index is reported in thesoil survey, use the site class for conifer in the mOstphysiographically similar adjacent soil polygon.

18 ) OTS-8491.

(c) In Eastern Washington, if no site index is reported in thesoil survey, assume site class III, unless site specificinformation indicates otherwise.

. .",t,.~ ",.~"J".L"!'f';C c!c~t~I',. .(d) If the sJ.te J.n8ex1s noncommercJ.al or margJ.nallycommercial, then use site class V.

See also section 7 of the board manual..Site preparation. means those activities associated with the

removal of slash in preparing a site for planting and shall includescarification and/or slash burning.

.Skid trail. means a route used by tracked or wheeled skiddersto move logs to a landing or road.

"Slash. means pieces of woody material containing more than 3cubic feet resulting from forest practices activities.

.SOSBA goal.. means the goals specified for a spotted owlspecial emphasis area as identified on the SOSEA maps (see WAC 222-16-086). SOSEA goals provide for demographic and/or dispersalsupport as necessary to complement the northern spotted owlprotection strategies on federal land within or adjacent to theSOSEA.

.Spoil. means excess material removed as overburden orgenerated during road or landing construction which is not usedwithin limits of construction.

.Spotted owl dispersal habitat" see WAC 222-16-085(2).

.Spotted owl special emphasis areas (SOSBA)- means thegeographic areas as mapped in WAC 222-16-086. Detailed maps of theSOSEAs indicating the boundaries and goals ar~ available from thedepartment at its regional offices.

-Stop work order- means the "stop work order" defined in RCW76.09.080 of the act and may be issued by the department to stopviolations of the forest practices chapter or to prevent damageand/ or to correct and/or compensate for damages to publ ic resourcesresulting from forest practices.

-Stream-adjacent parallel roads- means roads (includingassociated right of way clearing) in a riparian management zone ona property that have an alignment that is parallel to the generalalignment of the stream, including roads used by others undereasements or cooperative road agreements. Also included are streamcrossings where the alignment of the road continues to parallel thestream for more than 250 feet on either side of the stream. Notincluded are federal, state, county or municipal roads that are notsubject to forest practices rules, or roads of another adjacentlandowner.

.Sub-mature habitat- see WAC 222-16-085 (1) (b).-Suitable marbled murrelet habitat- means a contiguous

forested area containing trees capable of providing nestingopportunities:

(1) With all of the following indicators unless thedepartment, in consultation with the department of fish andwildlife, has determined that the habitat is not likely to beoccupied by marbled murrelets:

(a) Within 50 miles of marine waters;(b) At least 40% of the dominant and codominant trees are

19 OTS-8491.2

OTS-8491.220

support, and under normal circumstances do support, a prevalence ofvegetation typ~cally adapted for life in saturated soil conditions,such as swamps, bogs, fens, and similar areas. This includeswetlands created, restor~~,arcenha.nGeq as part of a mitigationprocedure. This does not include constructed wetlands or thefollowing surface waters"of the state intentionally constructedfrom wetland sites: Irrigation and drainage ditches, grass linedswales, canals, agri'cultural detention facilities, farm ponds, andlandscape amenities.

.Wetland functionsn include the protection of water qualityand quantity, providing fish and wildlife habitat, and theproduction of timber.

.Wetland management zone. means a specified area adjacent toType A and B Wetlands where specific measures are taken to protectthe wetland functions.

.Wildlife- means all species of the animal kingdom whosemembers exist in Washington in a wild state. The term "wildlife"includes, but is not limited to, any mammal, bird, reptile,amphibian, fish, or invertebrate, at any stage of development. Theterm "wildlife" does not include feral domestic mammals or thefamily Muridae of the order Rodentia (old world rats and mice).

-Wildlife reserve tree.- means those defective, dead, damaged,or dying trees which provide or have the potential to providehabitat for those wildlife species d~pendent on standing trees.Wildlife reserve trees are categorized as follows:

Type 1 wildlife reserve trees are defective or deformed live~trees that have observably sound tops, limbs, trunks, and roots.=They may have part of the top broken out or have evidence of othersevere defects that include: "Cat face," animal chewing, old_~9gging wounds, weather injury, insect attack, or lightning strike.

Unless approved by the landowner, only green trees with visiblecavities, nests, or obvious severe defects capable of supportingcavity dependent species shall be co~sidered as Type 1 wildlifereserve trees. These trees must be stable and pose the leasthazard for workers.

Type 2 wildlife reserve trees are dead Type 1 trees with soundtops, limbs, trunks, and roots.

Type 3 wildlife reserve trees are live or dead trees withunstable tops or upper portions. Unless approved by the landowner,only green trees with visible cavities, nests, or obvious severedefects capable of supporting cavity dependent species shall beconsidered as Type 3 wildlife reserve trees. Although the rootsand main portion of the trunk are sound, these reserve trees posehigh hazard because of the defect in live or dead wood higher up inthe tree.

Type 4 wildlife reserve trees are live or dead trees withunstable trunks or roots, with or without bark. This includes"soft snags" as well as live trees with unstable roots caused byroot rot or fire. These trees are unstable and pose a high hazardto workers.

.Windthrow. means a natural process by which trees areuprooted or sustain severe trunk damage by the wind.

21 ] OTS-8491.2

-Yarding corridor- means a narrow, linear path through ariparian management zone to allow suspended cables necessary tosupport cable logging methods or suspended or partially suspendedlogs to be t_ransported through these areas by cable loggingmethods.

"Young forest marginal habitat- see WAC 222-16-085 (1) (b).

[ 22 OTS-8491.2