Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-080 - Critical habitats (state) of threatened and endangered species

Current through Register Vol. 24-14, July 15, 2024
(1) Critical habitats (state) of threatened
			 or endangered species and specific forest practices designated as Class
			 IV-Special are as follows:
(a) Gray wolf
			 (
Canis lupus
) - Harvesting, road construction, or site
			 preparation within one mile of a known active den site, documented by the
			 department of fish and wildlife, between the dates of March 15th and July 30th
			 or 0.25 mile from the den site at other times of the year.
(b) Grizzly bear (
Ursus
			 arctos
) - Harvesting, road construction, aerial application of
			 pesticides, or site preparation within one mile of a known active den site,
			 documented by the department of fish and wildlife, between the dates of October
			 1st and May 30th or 0.25 mile at other times of the year.
(c) Mountain (woodland) caribou
			 (
Rangifera tarandus
) - Harvesting, road construction, aerial
			 application of pesticides, or site preparation within 0.25 mile of a known
			 active breeding area, documented by the department of fish and
			 wildlife.
(d) Oregon silverspot
			 butterfly (
Speyeria zerene hippolyta
) - Harvesting, road
			 construction, aerial or ground application of pesticides, or site preparation
			 within 0.25 mile of an individual occurrence, documented by the department of
			 fish and wildlife.
(e) Sandhill
			 crane (
Grus canadensis
) - Harvesting, road construction,
			 aerial application of pesticides, or site preparation within 0.25 mile of a
			 known active nesting area, documented by the department of fish and
			 wildlife.
(f) Northern spotted owl
			 (
Strix occidentalis caurina
).
(i)
Within a SOSEA boundary
(see
			 maps in WAC
			 222-16-086), except as indicated
			 in (f)(ii) of this subsection, harvesting, road construction, or aerial
			 application of pesticides on suitable spotted owl habitat within a median home
			 range circle that is centered within the SO-SEA or on adjacent federal
			 lands.
(ii)
Within the Entiat
			 SOSEA,
harvesting, road construction, or aerial application of
			 pesticides within the areas indicated for demographic support (see WAC
			 222-16-086(2))
			 on suitable spotted owl habitat located within a median home range circle that
			 is centered within the demographic support area.
(iii)
Outside of a SOSEA,
harvesting, road construction, or aerial application of pesticides, between
			 March 1st and August 31st on the 70 acres of highest quality suitable spotted
			 owl habitat surrounding a northern spotted owl site center located outside a
			 SOSEA. The highest quality suitable habitat shall be determined by the
			 department in cooperation with the department of fish and wildlife.
			 Consideration shall be given to habitat quality, proximity to the activity
			 center and contiguity.
(iv)
Small parcel northern spotted owl exemption.
Forest practices
			 proposed on the lands owned or controlled by a landowner whose forest land
			 ownership within the SOSEA is less than or equal to 500 acres and where the
			 forest practice is not within 0.7 mile of a northern spotted owl site center
			 shall not be considered to be on lands designated as critical habitat (state)
			 for northern spotted owls.
(g) Pacific pond turtle (
Actinemys
			 marmorata
) - Harvesting, road construction, aerial application of
			 pesticides, or site preparation within 0.25 mile of a known individual
			 occurrence, documented by the department of fish and wildlife.
(h) Marbled murrelet (
Brachyramphus
			 marmoratus
).
(i) Harvesting, other
			 than removal of down trees outside of the critical nesting season, or road
			 construction within an occupied marbled murrelet site.
(ii) Harvesting, other than removal of down
			 trees outside of the critical nesting season, or road construction within
			 suitable marbled murrelet habitat within a marbled murrelet detection
			 area.
(iii) Harvesting, other than
			 removal of down trees outside of the critical nesting season, or road
			 construction within suitable marbled murrelet habitat containing seven
			 platforms per acre outside a marbled murrelet detection area.
(iv) Harvesting, other than removal of down
			 trees outside of the critical nesting season, or road construction outside a
			 marbled murrelet detection area within a marbled murrelet special landscape and
			 within suitable marbled murrelet habitat with five or more platforms per
			 acre.
(v) Harvesting within a 300
			 foot managed buffer zone adjacent to an occupied marbled murrelet site that
			 results in harvest within a no-cut inner buffer of 150 feet; or, harvest within
			 a managed 150 foot outer buffer which will leave a residual stand relative
			 density of less than 35 for Douglas-fir or red alder dominant species group or
			 residual stand relative density of less than 50 for Western hemlock-spruce
			 dominant species group. The inner zone of the buffer shall begin at the edge of
			 the outer extent of the platform trees of the occupied habitat. The primary
			 consideration for the design of managed buffer zone widths and leave tree
			 retention patterns shall be to help minimize edge effects. The width of the
			 buffer zone may be reduced in some areas to a minimum of 200 feet and extended
			 to a maximum of 400 feet as long as the average of 300 feet is maintained. The
			 landowners shall consult with WDFW on managed buffer prescriptions.
(vi) Except that the following shall not be
			 critical habitat (state):
(A) Where a
			 landowner owns less than 500 acres of forest land within 50 miles of saltwater
			 and the land does not contain an occupied marbled murrelet site or the 300-foot
			 average buffer of an occupied marbled murrelet site; or
(B) Where a protocol survey (see WAC
			 222-12-090(14))
			 has been conducted and no murrelets were detected. The landowner is then
			 relieved from further survey requirements. However, if an occupied marbled
			 murrelet site is established, this exemption is
			 void.