44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO FOREST CONSERVATION; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR IMPROVED TIMBER HARVEST AND FOREST MANAGEMENT PRACTICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 68-1-1 NMSA 1978 (being Laws 1939, Chapter 141, Section 1) is amended to read:

"68-1-1. PROTECTION OF GROWING TIMBER--PUBLIC POLICY.--[That] The protection of growing timber and young growth from fire hazard and the prevention of logging practices which will increase fire hazard and prevent the maintaining of favorable conditions of water flows, water quality and wildlife habitat are hereby declared to be a public policy of [the State of] New Mexico."

Section 2. Section 68-1-2 NMSA 1978 (being Laws 1939, Chapter 141, Section 2, as amended) is amended to read:

"68-1-2. [LOGGING OPERATIONS] FIRE PREVENTION--RESERVING YOUNG TREES AND SEED TREES--FIRE LINES--SILVICULTURAL PRACTICES--RIPARIAN PROTECTION--WILDLIFE PROTECTION--PEST CONTROL--SIGNIFICANT SITES.--Any person, firm, association or corporation cutting saw-timber species from lands within the state shall:

[(a)] A. take all reasonable precaution to prevent the starting of fires and promptly suppress all fires that may be started on timber land before, during or after cutting;

[(b)] B. take all reasonable precaution in felling trees on the area being cut and to reserve uncut sufficient trees of seed-bearing size on the land being cut over to [insure] ensure natural reforestation [as follows], water flows, water quality and wildlife habitat;

[(c)] C. reserve and leave uncut in operations cutting logs for lumber and timber manufacturing purposes all trees measuring twelve inches or less in diameter outside bark at a point four and one-half feet from the ground, and, in addition, leave not less than two live, wind-firm seed trees per acre measuring seventeen inches or more in diameter outside bark at a point four and one-half feet from the ground; provided that in operations removing trees twelve inches or less in diameter outside bark at a point four and one-half feet from the ground for nonlumber manufacturing purposes such as railroad ties, mine props, stulls, poles or wood for products manufactured from pulp or any combination thereof, trees required to produce said items may be cut to a minimum diameter of five inches outside bark at a point four and one-half feet from the ground, but in such cuttings there shall be reserved and left uncut not less than four live, wind-firm seed trees per acre measuring seventeen inches or more in diameter outside bark at a point four and one-half feet from the ground; provided, further, however, that in the event that no live, wind-firm trees measuring seventeen inches or more in diameter outside bark at a point four and one-half feet from the ground exist on said area at the time of cutting, then the largest live, wind-firm trees available on said area shall be left for seed trees in the number prescribed above for operations cutting logs for lumber and timber manufacturing purposes and for operations removing trees twelve inches or less in diameter for nonlumber manufacturing purposes respectively; provided, however, on spruce type areas or mixed spruce and fir type areas, an adequate stand of young growth shall be reserved and left uncut or, if such young growth is not present, there shall be reserved and left uncut not less than five percent of the coniferous trees, a substantial portion of which shall be of seed-bearing size; such trees may be reserved in long corners of creeks, across valleys, along ridges or natural firebreaks or in isolated settings of timber;

[(d)] D. construct fire lines by piling and burning slash on a strip fifty feet wide on each side of main hauling roads;

E. refrain from clear-cutting, seed-tree harvest and high-grade timber harvest. For purposes of this subsection:

(1) "clear-cutting" means the removal of all trees from the area being cut;

(2) "seed-tree harvest" means the removal of all trees from the area being cut with the exception of a limited number of trees to provide seed; and

(3) "high-grade timber harvest" means the removal of only those trees with the highest economic value;

F. limit forest canopy openings to one-half acre or less;

G. obtain from the state forester identification of all late successional and old growth stands and employ silvicultural practices that:

(1) maintain the characteristics of those stands, including retention of sufficient numbers of large, live trees, standing dead trees and large down logs to provide habitat for species dependent upon that habitat; and

(2) ensure that post-harvest residual stands consist of no less than sixty square feet basal area per acre and that no less than fifty percent of the post-harvest residual stand is in the largest pre-harvest size class;

H. refrain from timber harvest and road building on unstable soils;

I. refrain from timber harvest or road building within riparian zones. For purposes of this subsection, "riparian zone" means an area adjacent to definable stream channels or acequias equivalent in width to the one hundred year flood plain;

J. refrain from skidding logs across streams or watercourses or through vernal pools or wetlands;

K. incorporate wildlife management practices so as to retain or restore habitat features necessary for native wildlife on both the stand and landscape levels; undertake surveys for rare, threatened and endangered species if harvest will occur in the potential habitat of those species; and refrain killing, obtaining possession of, harming, harassing or adversely modifying the occupied habitat of any species listed by the federal or state government as a threatened or endangered species;

L. use nonchemical pest control when possible; determine and allow for natural variation of pest cycles; and refrain from poisoning vertebrates; and

M. refrain from damaging or interfering with sites of archaeological, cultural or historical significance and incorporate measures to protect those sites; undertake survey, recording, assessment and establishment of areas set aside for protection."

Section 3. A new section of Chapter 68, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TIMBER HARVEST PLANS--CITIZEN PARTICIPATION.--

A. All persons engaging in timber harvest operations on state and private land, other than noncommercial Christmas tree harvest and noncommercial firewood gathering, shall submit to the forestry division of the energy, minerals and natural resources department a timber harvest plan prepared by a professional forester or timber operator.

B. A timber harvest plan shall describe the silvicultural techniques to be used in the timber harvest operation and how the operation will comply with the provisions of Sections 68-1-1 and 68-1-2 NMSA 1978. A timber harvest plan shall specify measures to protect water quality, late successional and old growth forests and threatened, endangered and rare species on harvested acreage.

C. The forestry division shall make timber harvest plans available to the public for review and shall provide public notice of the availability of timber harvest plans. Any person or government entity may appeal to the forestry division for a stay of a timber harvest operation that is out of compliance with its timber harvest plan."

Section 4. A new section of the Forest Conservation Act is enacted to read:

"[NEW MATERIAL] RESTORATION AND MANAGEMENT PROGRAMS.--The economic development department shall establish joint programs with the forestry division of the energy, minerals and natural resources department to promote ecological restoration and multiple use management of private and state forest lands, including training programs for timber operators and assistance to land owners and timber operators in preparation of timber harvest plans."