776 South State Street Suite 207

Ukiah, CA 95482

Mr. Robert W. Floerke

Regional Manager, Central Coast Region

Department of Fish and Game

P.O. Box 47

Yountville, CA 94599

November 13, 2001

Re: Botanical issues related to timber harvesting.

Subject: Current written Department of Fish and Game policy.

Dear Sir:

At a California Licensed Foresters Association local breakfast meeting on September 19, 2001 in Ukiah, Mr. Stephen P. Rae of your staff described to the members present the Department’s policies on botanical issues with regards to timber harvesting plan and non-industrial timber management plan (harvest plan) review.

In his discussion on September 19, Mr. Rae referred to Fish and Game (F&G) Code Section 1913 et seq. and to the California Code of Regulations Title 14, Chapter 6, Division 3 (14 CCR) Section 15380 et seq. (CEQA guidelines).

Mr. Rae’s comments were inconsistent with the comments he made about the same subject in an impromptu meeting I had with Mr. Rae on August 23, 2001 in Mr. Bill Snyder’s office at the Department of Forestry and Fire Protection in Santa Rosa. Mr. Snyder was present during the discussion with Mr. Rae.

Because the Department has not provided clear policy with definable limits, many of my colleagues and I have been unable to ascertain what a work product acceptable to the Department will consist of. Nor do our clients and employers have a clear understanding of the procedures and statutory requirements for harvest plan preparation and review with regards to botanical issues.

Therefore, pursuant to Government Code (GC) Section 6250 et seq. (Public Records Act) I am requesting that the Department provide to me the current written policy it employs with regards to botanical issues and harvest plan review.

Furthermore, I request that the policy include a complete discussion of the Department’s statutory authority and the case law supporting its policy and/or that address F&G Code Section 1913 et seq. and 14 CCR Section 15380 et seq.

Please note that GC Section 6250 et seq. imposes upon you a duty to respond in a timely and complete manner to this request.

I look forward to your response.

Sincerely yours,

Niel E. Fischer

cc: file

WGA

Forest Landowners of California

California Licensed Foresters Association

California Forestry Association

California Farm Bureau Federation

Forest Resources Council