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 939.9 - Northern Spotted Owl
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Every proposed timber harvesting Plan, NTMP, WFMP, conversion permit, Spotted Owl Resource Plan, or major amendment located in the Northern Spotted Owl Evaluation Area or within 1.3 miles of a known northern spotted owl Activity Center outside of the Northern Spotted Owl Evaluation Area shall follow one of the procedures required in subsections (a)-(d) below for the area within the Plan boundary as shown on the Plan map and also for adjacent areas as specified within this section. The submitter may choose any alternative (a)-(d) that meets the on-the-ground circumstances. The required information shall be used by the Director to evaluate whether or not the proposed activity would result in the "take" of an individual northern spotted owl.
When subparagraph (a) is used, the Director, prior to approval of a Plan, shall consult with a SOE and conduct an independent review. A SOE may aid the RPF in fulfilling the requirements within subdivision (d). The SOE may make written recommendations regarding whether the retained habitat configuration and protection measures proposed in the Plan will prevent a take.
In consultation with the SOE, the Director may adjust standards established by this section based on site specific circumstances in a manner which is consistent with information collected on owl behavior in California, and the prohibitions of the Federal Endangered Species Act.
(a) If the Project proponent requests preliminary review of the proposed operation or Spotted Owl Resource Plan prior to filing, the proponent shall consult with a SOE to evaluate whether the proposed operation would result in the taking of an individual northern spotted owl. This evaluation is preliminary to and separate from the final "take" determination to be made under 14 CCR § 939.10. In making that evaluation:
(b) If the Plan submitter proposes to proceed under an Incidental Take Permit, Safe Harbor Agreement, participation in a Habitat Conservation Plan, or any other permit covering the northern spotted owl issued by the USFWS or the CDFW, the submitter shall supply a copy of the permit upon the Department's request.
(c) If the submitter proposes to proceed pursuant to the outcome of a discussion with the U.S. Fish and Wildlife Service, the submitter shall submit a letter prepared by the RPF that the described or proposed management prescription is acceptable to the USFWS.
(d) Where an Activity Center has been located within the Plan boundary or within 0.7 miles (within the range of coast redwood) or 1.3 miles (outside of the range of coast redwood) of that boundary, the RPF shall determine and document in the Plan:
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583 and 4597, Public Resources Code; and 50 CFR 17.11.