Cal. Code Regs. tit. 14 § 939.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 939.2 - General Protection of Nest Sites

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.

Cal. Code Regs. Tit. 14, § 939.2

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 A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.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.