California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 5 - Northern Forest District Rules
Article 9 - Forest Insect and Disease Protection Practices
Section 939.10 - Take of Northern Spotted Owl
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Director shall apply the following criteria to the information provided by the Plan submitter and obtained during the review period to make a finding as to whether the Timber Operations, as proposed, will "take" an individual northern spotted owl.
(a) The Director shall determine that the proposed habitat modification would result in "Harm" to an individual spotted owl if any of the following conditions exist:
(b) The Director shall determine that an individual northern spotted owl would be "Harassed" by the proposed Timber Operations if there is a likelihood that any of the following conditions exist:
(c) If the Director concludes that the proposed operations will result in a taking of the owl, he/she shall provide the Plan submitter with the following information:
1. New
section filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40).
A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency
language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section
11346.1(g)
Register 91, No. 4).
3. New section filed 11-21-90 as an emergency;
operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be
transmitted to OAL by 3-21-91 or emergency language will be repealed by
operation of law on the following day.
4. Repealed by operation of
Government Code section
11346.1(g)
(Register 91, No. 16).
5. New section filed 3-25-91 as an emergency;
operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be
transmitted to OAL by 7-23-91 or emergency language will be repealed by
operation of law on the following day.
6. Certificate of Compliance
as to 3-25-91 order transmitted to OAL 4-26-91 including amendments to
introductory language and subsection (b)(4) transmitted to OAL 4-26-91 and
filed 5-28-91 (Register 91, No. 28).
7. Amendment of first paragraph
and subsections (a), (b) and (c) filed 11-25-2009; operative 1-1-2010 pursuant
to Public Resources Code section 4554.4 (Register 2009, No. 48).
8.
Change without regulatory effect amending section filed 12-20-2017 pursuant to
section 100, title 1, California Code of
Regulations (Register 2017, No. 51).
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4313, 4551.5, 4582.75 and 4583, Public Resources Code; 50 CFR 17.11.