Current through Register Vol. 63, No. 9, September 1, 2024
(1) For bald
eagle nesting sites, the resource site is the active nest tree and, if present,
all identified key components:
(a) An active
nest tree is one that has been used by eagles within the past five (5) nesting
seasons. No protection is required for abandoned resource sites.
(b) An active nest tree may fall down or may
become structurally incapable of supporting a bald eagle nest site. When this
happens the nest resource site shall be considered active and shall be
protected only if the site contains suitable replacement nesting
trees.
(c) The key components
associated with a bald eagle nesting site are perching and fledging trees,
replacement nest trees, and a forested buffer around the nest tree. Factors to
consider when identifying key components:
(A)
Actual observation data when available.
(B) Perching and fledging trees should be
tall enough to provide maximum visibility of the surrounding area. Perching and
fledging trees are often snags or decadent live trees with exposed, strong,
lateral branches high in the crown.
(C) Replacement nest trees should provide
maximum visibility of the surrounding terrain, and be large enough to support a
bald eagle nest. Bald eagles prefer to nest in large, tall trees that are
alive, with large limbs, broken tops, or irregular growth patterns with open
structure.
(D) Areas of high winds
may require that additional trees be retained to protect the active nest
tree(s) and identified key components from damage.
(2) The operator shall provide the
following protection measures when operating within or near a bald eagle
nesting site:
(a) During and after forest
operations, the resource site shall be protected from damage. The operation
shall be designed to protect the trees from windthrow;
(b) Retain the active nest tree.
(c) Retain a forested buffer not less than
330 feet around the active nest tree as a key component that includes perching,
fledging, and replacement tree(s).
(d) During the critical period of use,
operations shall be designed and conducted to not disturb bald eagles using the
resource site:
(A) Except as provided in
paragraph (B) of this subsection, during the critical period of use, operations
shall not be permitted within six hundred and sixty (660) feet, and use of
aircraft within one thousand (1,000) feet.
(B) If the State Forester determines through
review of the written plan that the operations will not cause the birds to
flush from the trees identified in paragraph (A) of this section, then there is
no conflict and the distance restrictions in paragraph (A) of this section may
be modified.
(C) The critical
period of use is January 1 through August 31. The specific critical period of
use for individual nesting resource sites may be modified in writing by the
State Forester depending upon the actual dates that bald eagles are present at
the resource site and are susceptible to disturbance.
(3) Structural or temporal
exceptions for the resource site are allowed if the operator is in compliance
with, and has on file with the State Forester, an applicable incidental take
permit issued by federal authorities under the Bald and Golden Eagle Protection
Act.
(4) (For information only)
Federal law prohibits a person from taking bald eagles. Compliance with
subsections (1) and (2) of this law is not in lieu of compliance with any
federal requirements related to the Bald and Golden Eagle Protection
Act.
Statutory/Other Authority: ORS
527.710
Statutes/Other Implemented: ORS
527.715
