Article 3 - Professional Foresters

California Public Resources Code — §§ 750-783

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Added by Stats. 1976, Ch. 1300.

This article may be known and cited as the Professional Foresters Law.

Amended by Stats. 1993, Ch. 784, Sec. 1. Effective January 1, 1994.

The purpose of this article is to declare the existence of a public interest in the management and treatment of the forest resources and timberlands of this state and to provide for the regulation of persons who practice the profession of forestry and whose activities have an impact upon the ecology of forested landscapes and the quality of the forest environment, and through that regulation to enhance the control of air and water pollution, the preservation of scenic beauty, the protection of watersheds by flood and soil erosion control, the production and increased yield of natural resources, including timber, forage, wildlife, and water, and outdoor recreation, to meet the needs of the people.

Amended by Stats. 2021, Ch. 133, Sec. 40. (SB 272) Effective July 23, 2021.

(a)“Professional forester,” as used in this article, means a person who, by reason of their knowledge of the natural sciences, mathematics, and the principles of forestry, acquired by forestry education and experience, performs services, including, but not limited to, consultation, investigation, evaluation, planning, or responsible supervision of forestry activities when those professional services require the application of forestry principles and techniques.
(b)A professional forester is licensed to perform forestry

services only in those areas of expertise in which the person is fully competent as a result of training or experience. In order for a professional forester to fulfill all of their responsibilities with regard to a particular activity on a site, if the expertise that is prudently required exceeds the expertise possessed by the professional forester in that regard, the professional forester may need to utilize the services of other qualified experts, including, but not limited to, archaeologists, botanists, civil engineers, ecologists, fisheries biologists, geologists, hydrologists, land surveyors, landscape architects, range scientists, soil scientists, or wildlife biologists. This article shall not preclude those other environmental professionals from the application of their knowledge in their field of expertise outside the practice of forestry, as defined in Section

753.

Repealed and added by Stats. 1993, Ch. 784, Sec. 4. Effective January 1, 1994.

“Forestry,” as used in this article, refers to the science and practice of managing forested landscapes and the treatment of the forest cover in general, and includes, among other things, the application of scientific knowledge and forestry principles in the fields of fuels management and forest protection, timber growing and utilization, forest inventories, forest economics, forest valuation and finance, and the evaluation and mitigation of impacts from forestry activities on watershed and scenic values, to achieve the purposes of this article. The practice of forestry applies only to those activities undertaken on forested landscapes. The professions specified in Section 772 are not practicing forestry when mitigating or recommending mitigation of impacts from previous forestry activities on related watershed or ecological values within their area of professional expertise or when recommending those mitigations for proposed timber operations. However, public and private foresters are required to be licensed pursuant to this article when making evaluations and determinations of the appropriate overall combination of mitigations of impacts from forestry activities necessary to protect all forest resources.

Repealed and added by Stats. 1993, Ch. 784, Sec. 6. Effective January 1, 1994.

“Forested landscapes” means those tree dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree species, or which are naturally capable of growing a significant stand of native trees in perpetuity, and is not otherwise devoted to nonforestry commercial, urban, or farming uses.

Added by Stats. 1976, Ch. 1300.

“Person” as used in this article means any natural person.

Amended by Stats. 1991, Ch. 748, Sec. 3.

Nothing in this article prohibits any person from engaging in those activities otherwise restricted to professional foresters, certified specialists, or qualified but exempt certificants, provided a registrant is in charge of the professional practice or work of that person and all professional work or documents are done by or under the supervision of the registrant.

Amended by Stats. 2021, Ch. 133, Sec. 41. (SB 272) Effective July 23, 2021.

This article does not apply to a landowner who is a natural person and who personally performs services of a professional forester, when those services are personally performed on lands owned by

that person.

Amended by Stats. 1991, Ch. 748, Sec. 4.

This article shall not be construed to authorize a registered professional forester to practice civil engineering as defined in Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code or to practice land surveying as defined in Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code or to practice landscape architecture, as defined in Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code.

Added by Stats. 1976, Ch. 1300.

The board may by regulation adopt such rules and regulations pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, as it determines are reasonably necessary to enable it to carry into effect the provisions of this article.

Added by Stats. 1976, Ch. 1300.

The board shall consider matters pertaining to the registration of professional foresters at least once every six months at regular meetings and may, as necessary, meet solely for the purpose of considering matters to carry out the provisions of this article.

Amended by Stats. 1991, Ch. 748, Sec. 5.

The board may hire the clerical and secretarial employees, technical personnel, and other staff who are necessary and budgeted to properly assist the work of the board in carrying out the purposes of this article. This staff personnel shall be subject to the relevant system and procedures of the state civil service. The provisions of the State Civil Service Act contained in Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code shall apply to that personnel. The executive officer shall be an employee exempt from civil service.

Added by Stats. 1976, Ch. 1300.

The board shall keep a complete record of all applications for registration and certification and the board’s action thereon.

Added by Stats. 1976, Ch. 1300.

The board may by regulation provide for the issuance of certificates of specialization in such fields of specialization as the board may by regulation establish.

Amended by Stats. 1993, Ch. 784, Sec. 7. Effective January 1, 1994.

(a)The board shall establish an examining committee of at least seven members composed of the following, who shall be appointed by the board and serve at its pleasure:
(1)Two public members with one selected from the membership of the board.
(2)At least four professional foresters in good standing representing a broad cross section of employment and expertise.
(3)At least one certified specialist registered pursuant to Section 772 in good standing. If a certified specialist is not available to serve on the committee, this position shall be replaced by an additional professional forester in good standing.
(b)The examining committee shall do all of the following:
(1)Examine all applicants for registration as professional foresters and for specialty certificates.
(2)Recommend to the board applicants for the license of professional forester and applicants for specialty certificates who fulfill the requirements of this article.
(3)Review complaints, which review may include independent investigations or expert witness evaluations, and make disciplinary recommendations to the board.
(4)Establish ad hoc committees as needed with representatives of certified specialists.
(5)Recommend to the board whether an independent certification program qualifies for recognition under Section 754.
(6)Recommend adoption of the rules and regulations or changes in rules and regulations which may be needed to effect this article.

Amended by Stats. 2021, Ch. 133, Sec. 42. (SB 272) Effective July 23, 2021.

A person appointed to serve upon the examining committee shall receive, if requested, one hundred dollars ($100) for each day during which that person is engaged in the performance of their official duties, except that the compensation of each member shall not exceed in any one fiscal year the sum of one thousand dollars ($1,000). In addition, each member shall be reimbursed for necessary expenses incurred in the performance of their duties, including travel, at state rates.

Amended by Stats. 2021, Ch. 133, Sec. 43. (SB 272) Effective July 23, 2021.

The examining committee shall adhere to the rules and regulations of the board. An applicant for a license pursuant to this article who contends that they have been aggrieved by an action taken by the examining committee with respect to their qualifications may appeal to the board in accordance with rules or regulations prescribed by the board. The board upon the appeal may administer an oral or written examination to the applicant as an aid in determining whether the applicant is qualified under this article.

Added by Stats. 1976, Ch. 1300.

On and after July 1, 1973, it shall be unlawful for any person to act in the capacity of, or to use the title of, a professional forester without being registered pursuant to this article, unless exempted from the provisions thereof.

Added by Stats. 1976, Ch. 1300.

An applicant for a license pursuant to this article shall apply to the board. Such application shall be accompanied by the payment of a fee in an amount fixed by the provisions of this article.

Added by Stats. 1976, Ch. 1300.

The board shall require an applicant to demonstrate such degree of experience and such general knowledge of the profession of forestry as the board deems necessary for the protection of the public.

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