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 939.9 - Northern Spotted Owl

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every proposed timber harvesting Plan, NTMP, WFMP,
						conversion permit, Spotted Owl Resource Plan, or major amendment located in the
						Northern Spotted Owl Evaluation Area or within 1.3 miles of a known northern
						spotted owl Activity Center outside of the Northern Spotted Owl Evaluation Area
						shall follow one of the procedures required in subsections (a)-(d) below for
						the area within the Plan boundary as shown on the Plan map and also for
						adjacent areas as specified within this section. The submitter may choose any
						alternative (a)-(d) that meets the on-the-ground circumstances. The required
						information shall be used by the Director to evaluate whether or not the
						proposed activity would result in the "take" of an individual northern spotted
						owl.
When subparagraph (a) is used, the Director, prior to
						approval of a Plan, shall consult with a SOE and conduct an independent review.
						A SOE may aid the RPF in fulfilling the requirements within subdivision (d).
						The SOE may make written recommendations regarding whether the retained habitat
						configuration and protection measures proposed in the Plan will prevent a
						take.
In consultation with the SOE, the Director may adjust
						standards established by this section based on site specific circumstances in a
						manner which is consistent with information collected on owl behavior in
						California, and the prohibitions of the Federal Endangered Species Act.
(a) If the Project proponent requests
					 preliminary review of the proposed operation or Spotted Owl Resource Plan prior
					 to filing, the proponent shall consult with a SOE to evaluate whether the
					 proposed operation would result in the taking of an individual northern spotted
					 owl. This evaluation is preliminary to and separate from the final "take"
					 determination to be made under
					 14 CCR
					 §
												939.10. In making that evaluation:
(1) The SOE shall apply the criteria set
					 forth in 14 CCR §
													939.10;
(2) The SOE may request that the submitter
					 provide additional information which the SOE finds necessary to evaluate if a
					 "take" would occur, provided that the SOE states the type of information
					 needed, the purpose of the information, and the level of accuracy necessary to
					 meet the stated purpose.
(3) If the
					 SOE concludes that no prohibited taking would occur, the SOE shall inform the
					 submitter as soon as practicable and shall document the decision and the
					 information which was relied upon by the SOE in the above evaluation. Reference
					 data shall be readily available for the Director's review upon
					 request;
(4) If the SOE concludes
					 that the proposed Timber Operation or Spotted Owl Resource Plan would result in
					 a taking, he or she shall inform the submitter as soon as practicable and shall
					 comply with
					 14 CCR
					 §
													939.10(c) within 10
					 working days of making this determination.
(5) Requests for prefiling consultation shall
					 be handled in the order in which received.