California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.2 - General Protection of Nest Sites

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following general standards for protection of
						Sensitive Species shall apply.
(a) A
					 pre-harvest inspection will normally be required when it is known or suspected
					 that the minimum Buffer Zone surrounding an Active Nest of a Sensitive Species
					 is in or extends onto an area proposed for Timber Operation. When the CAL FIRE
					 is already familiar with the site, the Director, after consultation with the
					 CDFW, may waive this requirement.
(b) During Timber Operations, Nest Tree(s),
					 designated Perch Tree(s), Screening Tree(s), and Replacement Tree(s), shall be
					 left standing and unharmed except as otherwise provided in these following
					 Rules.
(c) Timber Operations shall
					 be planned and operated to commence as far as possible from occupied Nest Trees
					 unless explained and justified by the RPF in the THP.
(d) When an occupied Nest Site of a listed
					 bird Species is discovered during Timber Operation, the Timber Operator shall
					 protect the Nest Tree, Screening Trees, Perch Trees, and Replacement Trees and
					 shall apply the provisions of subsections (b) and (c) above and of §
											919.2 [939.2, 959.2], and shall
					 immediately notify the CDFW and CAL FIRE. An amendment that shall be considered
					 a minor amendment to the timber harvesting Plan shall be filed reflecting such
					 additional protection as is agreed between the operator and the Director after
					 consultation with the CDFW.
1. New
						section filed 3-21-83; designated effective 7-1-83 (Register 83, No.
						13).
2. Amendment of subsection (d) filed 7-23-90 as an emergency;
						operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be
						transmitted to OAL by 11-20-90 or emergency language will be repealed by
						operation of law on the following day.
3. Reinstatement of
						subsection (d) as it existed prior to 7-23-90 emergency amendment by operation
						of Government Code section
						11346.1(f)
						(Register 91, No. 4).
4. Amendment of subsection (d) filed 11-21-90
						as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of
						Compliance must be transmitted to OAL by 3-21-91 or emergency language will be
						repealed by operation of law on the following day.
5. Reinstatement
						of subsection (d) as it existed before emergency amendment filed 11-21-91 by
						operation of Government Code section
						11346.1(f)
						(Register 91, No. 16).
6. Amendment of subsection (d) filed 3-25-91
						as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of
						Compliance must be transmitted to OAL by 7-23-91 or emergency language will be
						repealed by operation of law on the following day.
7. Certificate of
						Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91
						(Register 91, No. 28).
8. Editorial correction of printing error
						putting sections
						939.5 and
						939.6 in correct order (Register
						91, No. 32).
9. Renumbering and amendment of former section
						939.2 to section
						937.10 filed 8-5-91; operative
						8-5-91 (Register 91, No. 50).
10. New section filed 8-12-91;
						operative 9-11-91 (Register 92, No. 13). For prior history, see Register 91,
						No. 50.
11. Renumbering of former section
						939.2 to section
						937.10 filed 8-12-91; operative
						9-11-91 (Register 92, No. 13).
12. Renumbering and amendment of
						former section
						939.6 to section
						939.2 filed 8-12-91; operative
						9-11-91 (Register 92, No. 13).
13. Change without regulatory effect
						amending section filed 12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4513,
						  4551.5,
						  4582.75,
						  4583
						  and
						  4604,
						  Public Resources Code;
						  14 CCR
						  670.5; and
						  50 CFR
						  17.11.