- (a) Upon submission of a PTHP, the RPF who prepares and signs a PTHP is responsible for the accuracy and completeness of its contents.
- (b) The RPF preparing the PTHP shall list or describe in the PTHP any work which will be performed by the PTHP preparer and any additional work requiring an RPF which the PTHP preparer does not intend to perform. This may include, but is not limited to, field work in identifying Watercourse and Lake Protection Zones or Special Treatment Areas, Marking trees, or other activities. The RPF is only responsible for the activities for which he or she is employed, or those required by the Rules of the Board. The RPF shall state whether or not he or she has been retained to provide professional advice throughout the Timber Operations.
- (c) The RPF preparing the PTHP shall, in writing, inform the PTHP submitter(s) of their responsibility pursuant to § 1092.11 of this Article and the Timberland owner(s) of their responsibility for compliance with the requirements of the Act and, where applicable, Board Rules regarding Site Preparation, Stocking, and maintenance of roads, Landings, and Erosion Control facilities.
- (d) Upon entering into an agreement to accept responsibility for any part of the preparation or implementation of a Plan or any work beyond the preparation of a Plan, including providing professional advice; all responsible RPFs shall disclose to the real party of interest for whom the RPF is providing professional forestry services any known current or potential conflict of interest the RPFs have with regard to the timber or land that is subject to operations under the Plan. All responsible RPFs shall disclose to the Timberland owner and Plan submitter whether they are the real party of interest for whom the RPF is providing professional forestry services.
- (e) Disclosure of newly discovered conflicts of interest an RPF has with regard to the Plan submitter, Timberland owner, Timber Owner, the LTO and timber purchaser, pertaining to the timber or land that is subject to operations under the Plan, shall be required as long as an RPF has responsibilities relative to a Plan. The disclosure shall include identification of the real party of interest for whom the RPF is providing professional forestry services.
- (f) All disclosures made between an RPF and an affected party pursuant to this section may be kept confidential.
- (g) An RPF retained by the Plan submitter to provide professional advice throughout the Timber Operations shall be present, or ensure that the RPF's Supervised Designee is present, on the Logging Area at a sufficient frequency to know the progress of operations and advise the LTO and Timberland owner, but not less than once during the life of the Plan.
- (h) An RPF retained by the Plan submitter to provide professional advice throughout the Timber Operations shall inform the LTO during operations of any mitigation measures incorporated into the Plan that are intended to address operations that have a high likelihood of resulting in immediate, significant and long-term Harm to the natural resources of the State if such mitigation measures are not strictly applied to minimize such impacts.
- (i) The RPF shall without delay notify in writing the LTO, the Plan submitter, and the Department of a decision to withdraw professional services from the Plan.
Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4583.2 and 4583.5, Public Resources Code.
History
1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment of subsection (b) and new subsections (d)-(i) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Change without regulatory effect amending first paragraph filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).