Current through Register Vol. 63, No. 9, September 1, 2024
(1) For
osprey, the resource site is the active nest tree and any identified key
components.
(a) An active nest tree is one
that has been used by osprey within the past five (5) nesting seasons. No
protection is required for abandoned resource sites.
(b) The key components associated with an
osprey resource site are perching and fledging trees and replacement trees.
Factors to consider when identifying key components:
(A) Actual observation data if
available;
(B) Perching trees
should provide for maximum visibility of the surrounding terrain and structure
that allows the osprey easy access, such as large, tall snags or trees that
have broken or dead tops, forks, or lateral branches high in the
crown;
(C) Replacement trees should
provide maximum visibility of the surrounding terrain, and be large enough to
support an osprey nest;
(D)
Perching and fledging trees and replacement trees should be located within 600
feet of the active nest tree;
(E)
Areas of high winds may require that additional trees be retained to protect
the resource site from damage.
(2) When the State Forester identifies the
resource site as per OAR
629-665-0020,
the operator shall provide the following protection measures:
(a) Retain the active nest tree;
and
(b) Retain no fewer than eight
additional trees as key components (i.e.: perching, fledging and replacement
trees).
(c) During forest
operations, the resource site shall be protected from damage. The operation
shall be designed to protect these trees from windthrow;
(d) During the critical period of use, the
active nest tree and any perch tree identified as a key component shall be
protected from disturbance. From March 1st through September 15th, forest
operations shall not be permitted within 600 feet of the active nest tree or
perch tree unless the State Forester determines that the operations will not
cause the birds to flush from these trees. The critical period of use may be
modified in writing by the State Forester as the resource site is evaluated as
per OAR
629-665-0020.
(3) The State Forester shall not
permit structural exceptions for the resource site: Removal of a resource site
may be permitted if replacement nest trees, artificial structures, or
replacement key components are provided by the operator or landowner.
Replacement is not considered an exception, since the productivity of the
nesting territory is maintained. When addressed in a plan for an alternate
practice, replacement may be considered by the State Forester when:
(a) Alternate forest practices which retain
and protect the resource site are not economically feasible; and
(b) The productivity of the nesting territory
is not reduced.
(4)
Temporal exceptions for the resource site may be approved by the State Forester
when addressed in a plan for an alternate practice that demonstrates:
(a) Nest disruption or failure for a season
does not affect the local population; and
(b) There are no economically feasible forest
practices that avoid disturbance to the resource site during the critical
period of use.
(5)
Factors considered by the State Forester before approving a plan for an
alternate practice under section (4) of this rule shall include, but are not
limited to:
(a) The size of the local
population;
(b) The contribution of
the resource site in question to the local population; and
(c) The feasibility of alternate forest
practices that do not cause disturbance.
(6) The State Forester shall document all
requests and decisions concerning structural or temporal exceptions. All
approved structural replacements shall be documented.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
527.715
