Oregon Administrative Rules
Chapter 629 - DEPARTMENT OF FORESTRY
Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES
Section 629-665-0230 - Bald Eagle Roosting Sites; Key Components; Protection Requirements; and Exceptions
Universal Citation: OR Admin Rules 629-665-0230
Current through Register Vol. 63, No. 9, September 1, 2024
(1) For bald eagle roosting sites, the resource site is the active roost trees, probable roost trees as identified by the State Forester, and all identified key components:
(a) An active roosting site is
one that has been used within the past 5 years for roosting by bald eagles. No
protection is required for an abandoned bald eagle roosting site.
(b) The key components associated with a bald
eagle roosting site are staging trees, probable roost trees as identified by
the State Forester, and a forested buffer around the roost trees. Factors to
consider when identifying key components:
(A)
Actual observation data when available.
(B) Roost sites frequently occur in mature
forests. Roost trees are often significantly larger than the rest of the stand.
(C) Staging trees are often large,
dead-top or dominant trees or snags where one or more eagles can perch and have
direct access to the roosting site.
(D) The surrounding forested buffer must be
adequate to maintain a suitable microclimate around the roost trees.
(E) Areas of high winds may require that
additional trees be retained to protect the active roost 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 roosting site:
(a) During and after forest operations, the
resource site shall be retained and protected from damage. The operation shall
be designed to protect the trees from windthrow.
(b) Retain the active roost tree(s).
(c) Retain a forested buffer not
less than 300 feet around the outermost active roost trees as a key component
that includes probable roost trees.
(d) Retain staging trees.
(e) 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 one-quarter (1/4) mile of the active roost trees.
If the eagles have line-of-sight vision from these trees to the operation, the
distance is one-half (1/2) mile.
(B) If the State Forester determines through
review of the written plan that the operations will not cause the birds to
flush from trees identified in paragraph (A) of this subsection, then there is
no conflict and the distance restrictions in paragraph (A) of this subsection
may be modified.
(C) The critical
period of use for bald eagle roosting sites in the Klamath Basin is October 31
through March 31. In other areas of Oregon the critical period of use is
November 15 through March 15. The specific critical period of use for
individual roosting 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 Endangered Species Act.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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