Or. Admin. Code § 629-665-0210 - Interim Requirements for Northern Spotted Owl Nesting Sites
(1) Whenever the
State Forester determines that an operation will conflict with protection of a
nesting site of the northern spotted owl (Strix occidentalis caurina), the
operator must submit to the State Forester a written plan before commencing the
operation. The written plan, at a minimum, must address how the operation will
be conducted to provide for the following:
(a) A 70 acre area of suitable spotted owl
habitat encompassing the nest site, to be maintained as suitable spotted owl
habitat;
(b) Prevention of
disturbances resulting from operation activities which cause owls to flush from
the nesting site. Such disturbances must be prevented during the critical
period of use for nesting. The critical period of use is the time period
between March 1 and September 30, each year.
(2) For the purposes of this rule, nesting
site means and includes the tree, when known, containing a spotted owl nest; or
when not specifically known, includes an activity center of a pair of adult
spotted owls. An activity center is a location determined by the State Forester
to have been reliably identified as being occupied by an adult pair of spotted
owls, capable of breeding. Such determination must be supported by repeated
observation of the owls in close proximity or observation of nesting
behavior.
(3)
(a) For the purposes of this rule, suitable
spotted owl habitat means and includes:
(A) A
stand of trees with moderate to high canopy closure (60 to 80%); a
multi-layered, multi-species canopy dominated by large overstory trees (greater
than 30 inches in diameter at breast height); a high incidence of large trees
with various deformities (e.g., large cavities, broken tops, and other evidence
of decadence); numerous large snags; large accumulations of fallen trees and
other woody debris on the ground; and sufficient open space below the canopy
for owls to fly; or
(B) In the
absence of habitat which exhibits all the characteristics listed above, the
available forested habitat which comes closest to approximating the listed
conditions.
(b) Stands
which do not exhibit at least two of the characteristics listed in paragraph
(a)(A) of this section are not suitable habitat.
(4) (For information only) Federal law
prohibits a person from taking northern spotted owls. Taking under the federal
law may include significant alteration of owl habitat on any class of land
ownership. Compliance with subsection (1) of this rule is not in lieu of
compliance with any federal requirements related to the federal Endangered
Species Act.
(5) Exceptions to the
requirements for protecting northern spotted owl nesting sites 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.
Notes
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.674 & 527.715
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