Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the
great blue heron, the resource site is the active nest tree(s) and any
identified key components.
(a) An active nest
tree is one that has been used by one or more pair of great blue heron within
the past three nesting seasons. No protection is required for an abandoned
resource site.
(b) The key
components associated with a great blue heron resource site are the nest
tree(s), a vegetative buffer around the nest tree(s) including perching and
fledging trees, and replacement tree(s). Factors to consider when identifying
key components:
(A) Actual observation data
when available;
(B) Perching,
fledging, and replacement tree(s) should be tall with plenty of space for these
large birds to fly into and out. Older trees with open branching should be
retained;
(C) Areas of high winds
may require that additional trees be retained to protect the active nest tree
and identified key components from damage.
(2) The operator shall provide the following
protection measures when operating within or near a great blue heron resource
site:
(a) Retain the active nest
tree;
(b) Retain a vegetative
buffer not less than 300 feet around the outermost nest trees as key components
that includes perching and fledging trees, and replacement trees.
(c) The vegetative buffer around a rookery
may be actively managed if the key components in subsection (1) are protected.
When conducting forest management activities within this buffer, operators
shall consider heron protection as the highest priority. The vegetative buffer
needs to provide a visual screen from disturbing influences around the rookery,
and must be designed to protect the nest tree(s), perching, fledging, and
replacement tree(s) from windthrow. Examples of forest management activities
that may occur within the vegetative buffer include tree topping, and/or other
methods of "feathering" the outer edges of the buffer to reduce windthrow
potential, or remove individual trees (especially along the edge of the buffer)
if the integrity of the buffer is maintained and all the key components are
adequately protected. Input from the ODFW wildlife biologist and ODF's fish and
wildlife specialist is important when marking trees to be removed from this
buffer.
(d) During and after forest
operations, the resource site shall be protected from damage. The operation
shall be designed to protect the key components from windthrow;
(e) During the critical period of use,
operations shall be designed and conducted so as not to disturb great blue
herons using the key components. From February 15 through July 31, forest
operations shall not be permitted within one-quarter (1/4) mile of the active
nest tree(s) 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 by the State Forester after the resource site is evaluated following
OAR
629-665-0020.
(3) Structural exceptions for the
resource site may be approved by the State Forester when addressed in a plan
for an alternate practice. The State Forester may approve such a plan when
these criteria are met:
(a) The site contains
five nests or fewer;
(b) The State
Forester determines that the loss of the site will not adversely affect the
local population; and
(c) There are
no economically feasible alternatives that maintain the key
components.
(4) Factors
considered by the State Forester before approving a structural exception to
protection of a great blue heron resource site shall include, but are not
limited to:
(a) The size of the site (number
of nests);
(b) The size of the
breeding population in the local area;
(c) The productivity of great blue herons in
the local area;
(d) The
contribution of the site to local productivity;
(e) The probability that protection measures
will be successful;
(f) Available
alternate nesting sites; and
(g)
Whether alternatives that protect the site are economically feasible.
(5) Temporal exceptions to
protection of a great blue heron resource site may be approved by the State
Forester when addressed in a plan for an alternate practice. The State Forester
may approve such a plan when:
(a) The State
Forester determines that nest disruption or failure for a season or site
abandonment will not adversely affect the local population; and
(b) There are no economically feasible
alternatives that will not disturb the birds during the critical period of
use.
(6) Factors
considered by the State Forester before approving a temporal exception shall
include, but are not limited to:
(a) The size
of the site (number of nests);
(b)
The size of the breeding population in the local area;
(c) The productivity of great blue herons in
the local area;
(d) The
contribution of the site to local productivity; and
(e) Whether alternatives that protect the
site are economically feasible.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
527.715
