Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The following requirements shall apply to Nest Sites
containing Active Nests and not to Nest Sites containing only abandoned
nests.
(a) Buffer Zones shall be
established around all Nest Trees containing Active Nests. The Buffer Zones
shall be designed to best protect the Nest Site and nesting birds from the
Effects of Timber Operations. In consultation with the CDFW, and as approved by
the Director, an RPF or Supervised Designee shall flag the location of the
boundaries of the Buffer Zone, and the configuration of the Buffer Zone.
Consultation with the CDFW shall be required pursuant to
14 CCR
§
898. Consideration shall be given to
the specific habitat requirements of the bird Species involved when
configuration and boundaries of the Buffer Zone are established.
(b) The size of the Buffer Zone for each
Species shall be as follows:
(1) For the Bald
eagle and Peregrine falcon, the Buffer Zone shall be a minimum of ten acres in
size. The Director may increase the Buffer Zone beyond 40 acres in size so that
Timber Operation will not result in a "take" of either Species. The Director
shall develop the Buffer Zone in consultation with the CDFW and the
RPF.
(2) For the Golden eagle, the
Buffer Zone shall be a minimum of eight acres in size.
(3) For the Great blue heron and Great egret,
the Buffer Zone shall consist of the area within a 300-foot radius of a tree or
trees containing a group of five or more Active Nests in close proximity as
determined by the CDFW.
(4) For the
Northern goshawk, the Buffer Zone shall be a minimum of five acres in size.
When explained and justified in writing, the Director may increase the size of
the Buffer Zone to a maximum of 20 acres when necessary to protect nesting
birds.
(5) For the Osprey, the
Buffer Zone may be up to five acres in size. When explained and justified in
writing, the Director may increase the size of the Buffer Zone to a maximum of
18 acres when necessary to protect nesting birds.
(c) The following year-round restrictions
shall apply within the Buffer Zone.
(1) For
the Bald eagle, no clearcutting is allowed within the Buffer Zone. Selection,
commercial thinning, sanitation-salvage, and the shelterwood Regeneration
Method, except for the removal step, are permitted if all trees are marked
prior to preharvest inspection. All Nest Trees containing Active Nests, and all
designated Perch Trees, Screening Trees, and Replacement Trees, shall be left
standing and unharmed.
(2) For the
Golden eagle, no clearcutting is allowed within the Buffer Zone. All Nest Trees
containing Active Nests, and all designated Perch Trees, Screening Trees, and
Replacement Trees, shall be left standing and unharmed.
(3) For the Great blue heron and Great egret,
all Nest Trees containing Active Nests shall be left standing and
unharmed.
(4) For the Northern
goshawk, designated Nest Trees, Screening Trees, Perch Trees, and Replacement
Trees shall be left standing and unharmed. Only the commercial thinning,
sanitation-salvage, and selection Regeneration Methods are permitted in the
Buffer Zone.
(5) For the Osprey,
all designated Nest Trees, Perch Trees, Screening Trees, and Replacement Trees
shall be left standing and unharmed. If the RPF believes that retention is not
Feasible, he may propose construction of an artificial nest Structure as an
alternative.
(6) For the Peregrine
falcon, where timber provides part of the immediate nesting habitat, special
cutting prescriptions may be required by the Director on an area up to ten
acres in size immediately surrounding the nest. The cutting prescriptions shall
protect the nesting habitat.
(d) Critical Periods are established for each
Species and requirements shall apply during these Critical Periods as follows:
(1) For the Bald eagle, the Critical Periods
is January 15 until either August 15 or four weeks after fledgling, as
determined by the Director. During this Critical Periods, no Timber Operations
are permitted within the Buffer Zone. Exceptions may be approved by the
Director, after consultation with the CDFW to allow hauling on existing roads
that normally receive use within the Buffer Zone during the Critical
Periods.
(2) For the Golden eagle,
the Critical Periods is January 15 until April 15 for Active Nests, and is
extended from April 15 until either September 1 or until the birds have fledged
from Occupied Nests. During this Critical Periods, hauling on existing roads
that normally receive use during the Critical Periods is permitted. Other
Timber Operations are not permitted within the Buffer Zones.
(3) For the Great blue heron and Great egret,
the Critical Periods is February 15 until July 1 for coastal counties south of
and including Marin County. For all other areas, the period is from March
15-July 15. During this Critical Periods, Timber Operations within the Buffer
Zone shall be staged with a gradual approach to the nest.
(4) For the Northern goshawk, the Critical
Periods is from March 15 until August 15. During this Critical Periods, no
Timber Operations are permitted; however, new road construction is permitted if
the Director determines that there is no Feasible alternative. Exceptions may
be approved by the Director after consultation with the CDFW to allow hauling
on existing roads that normally receive use within the Buffer Zone during the
Critical Periods.
(5) For the
Osprey, the Critical Periods is March 1 to April 15 for Active Nests in coastal
counties including Mendocino County and those south of it. This period is
extended from April 15 until August 1 for Occupied Nests. For all other areas,
the Critical Periods is March 15 until May 1 for Active Nests, and is extended
from May 1 to August 15 for Occupied Nests. During the Critical Periods, at
Nest Sites where Osprey have shown historical tolerance to disturbance, Timber
Operations are permitted using a gradual approach to the nest, except that no
cutting is permitted. Where Osprey are determined by the Director to be
intolerant to Timber Operations, no Timber Operations are permitted within the
Buffer Zone unless the Director determines that there are no Feasible
alternatives.
(6) For the Peregrine
falcon, the Critical Periods is February 1 until April 1 for Active Nests, and
is extended until July 15 for Occupied Nests. During the Critical Periods, no
Timber Operations are permitted within the Buffer Zone. However, when the
Director, after consultation with the CDFW determines that Peregrines have
shown a tolerance to hauling activity in the past, hauling on existing roads
that normally receive use during the Critical Periods within the Buffer Zone is
permitted.
(e) The
following requirements shall apply to helicopter logging during the Critical
Periods.
(1) For the Bald eagle, helicopter
Yarding within one-quarter mile radius of the Nest Tree is prohibited.
Helicopter Yarding between one-quarter and one-half mile of the Nest Tree is
permitted when Timber Operations are conducted so that helicopter Yarding
gradually approaches the one-quarter mile radius limit.
(2) For the Golden eagle and Northern
goshawk, helicopter Yarding within one-quarter mile radius of the nest is
prohibited.
(3) For the Osprey,
helicopter Yarding within one-quarter mile radius of the nest is prohibited
between April 15 and June 15.
(4)
For the Peregrine falcon, helicopter Yarding is prohibited within one-half mile
of the nest.
1. New
section filed 3-21-83; designated effective 7-1-83 (Register 83, No.
13).
2. Renumbering and amendment of former section
939.7 to section 939.3 filed
8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Amendment of
subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources
Code section
4554.5
(Register 97, No. 48).
4. 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
4513
and
4551.5,
Public Resources Code.
