Cal. Code Regs. tit. 14 § 939.3

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 939.3 - Specific Requirements for Protection of Nest Sites

The following requirements shall apply to Nest Sites containing Active Nests and not to Nest Sites containing only abandoned nests.

(a) Buffer Zones shall be established around all Nest Trees containing Active Nests. The Buffer Zones shall be designed to best protect the Nest Site and nesting birds from the Effects of Timber Operations. In consultation with the CDFW, and as approved by the Director, an RPF or Supervised Designee shall flag the location of the boundaries of the Buffer Zone, and the configuration of the Buffer Zone. Consultation with the CDFW shall be required pursuant to 14 CCR § 898. Consideration shall be given to the specific habitat requirements of the bird Species involved when configuration and boundaries of the Buffer Zone are established.

(b) The size of the Buffer Zone for each Species shall be as follows:

(1) For the Bald eagle and Peregrine falcon, the Buffer Zone shall be a minimum of ten acres in size. The Director may increase the Buffer Zone beyond 40 acres in size so that Timber Operation will not result in a "take" of either Species. The Director shall develop the Buffer Zone in consultation with the CDFW and the RPF.

(2) For the Golden eagle, the Buffer Zone shall be a minimum of eight acres in size.

(3) For the Great blue heron and Great egret, the Buffer Zone shall consist of the area within a 300-foot radius of a tree or trees containing a group of five or more Active Nests in close proximity as determined by the CDFW.

(4) For the Northern goshawk, the Buffer Zone shall be a minimum of five acres in size. When explained and justified in writing, the Director may increase the size of the Buffer Zone to a maximum of 20 acres when necessary to protect nesting birds.

(5) For the Osprey, the Buffer Zone may be up to five acres in size. When explained and justified in writing, the Director may increase the size of the Buffer Zone to a maximum of 18 acres when necessary to protect nesting birds.

(c) The following year-round restrictions shall apply within the Buffer Zone.

(1) For the Bald eagle, no clearcutting is allowed within the Buffer Zone. Selection, commercial thinning, sanitation-salvage, and the shelterwood Regeneration Method, except for the removal step, are permitted if all trees are marked prior to preharvest inspection. All Nest Trees containing Active Nests, and all designated Perch Trees, Screening Trees, and Replacement Trees, shall be left standing and unharmed.

(2) For the Golden eagle, no clearcutting is allowed within the Buffer Zone. All Nest Trees containing Active Nests, and all designated Perch Trees, Screening Trees, and Replacement Trees, shall be left standing and unharmed.

(3) For the Great blue heron and Great egret, all Nest Trees containing Active Nests shall be left standing and unharmed.

(4) For the Northern goshawk, designated Nest Trees, Screening Trees, Perch Trees, and Replacement Trees shall be left standing and unharmed. Only the commercial thinning, sanitation-salvage, and selection Regeneration Methods are permitted in the Buffer Zone.

(5) For the Osprey, all designated Nest Trees, Perch Trees, Screening Trees, and Replacement Trees shall be left standing and unharmed. If the RPF believes that retention is not Feasible, he may propose construction of an artificial nest Structure as an alternative.

(6) For the Peregrine falcon, where timber provides part of the immediate nesting habitat, special cutting prescriptions may be required by the Director on an area up to ten acres in size immediately surrounding the nest. The cutting prescriptions shall protect the nesting habitat.

(d) Critical Periods are established for each Species and requirements shall apply during these Critical Periods as follows:

(1) For the Bald eagle, the Critical Periods is January 15 until either August 15 or four weeks after fledgling, as determined by the Director. During this Critical Periods, no Timber Operations are permitted within the Buffer Zone. Exceptions may be approved by the Director, after consultation with the CDFW to allow hauling on existing roads that normally receive use within the Buffer Zone during the Critical Periods.

(2) For the Golden eagle, the Critical Periods is January 15 until April 15 for Active Nests, and is extended from April 15 until either September 1 or until the birds have fledged from Occupied Nests. During this Critical Periods, hauling on existing roads that normally receive use during the Critical Periods is permitted. Other Timber Operations are not permitted within the Buffer Zones.

(3) For the Great blue heron and Great egret, the Critical Periods is February 15 until July 1 for coastal counties south of and including Marin County. For all other areas, the period is from March 15-July 15. During this Critical Periods, Timber Operations within the Buffer Zone shall be staged with a gradual approach to the nest.

(4) For the Northern goshawk, the Critical Periods is from March 15 until August 15. During this Critical Periods, no Timber Operations are permitted; however, new road construction is permitted if the Director determines that there is no Feasible alternative. Exceptions may be approved by the Director after consultation with the CDFW to allow hauling on existing roads that normally receive use within the Buffer Zone during the Critical Periods.

(5) For the Osprey, the Critical Periods is March 1 to April 15 for Active Nests in coastal counties including Mendocino County and those south of it. This period is extended from April 15 until August 1 for Occupied Nests. For all other areas, the Critical Periods is March 15 until May 1 for Active Nests, and is extended from May 1 to August 15 for Occupied Nests. During the Critical Periods, at Nest Sites where Osprey have shown historical tolerance to disturbance, Timber Operations are permitted using a gradual approach to the nest, except that no cutting is permitted. Where Osprey are determined by the Director to be intolerant to Timber Operations, no Timber Operations are permitted within the Buffer Zone unless the Director determines that there are no Feasible alternatives.

(6) For the Peregrine falcon, the Critical Periods is February 1 until April 1 for Active Nests, and is extended until July 15 for Occupied Nests. During the Critical Periods, no Timber Operations are permitted within the Buffer Zone. However, when the Director, after consultation with the CDFW determines that Peregrines have shown a tolerance to hauling activity in the past, hauling on existing roads that normally receive use during the Critical Periods within the Buffer Zone is permitted.

(e) The following requirements shall apply to helicopter logging during the Critical Periods.

(1) For the Bald eagle, helicopter Yarding within one-quarter mile radius of the Nest Tree is prohibited. Helicopter Yarding between one-quarter and one-half mile of the Nest Tree is permitted when Timber Operations are conducted so that helicopter Yarding gradually approaches the one-quarter mile radius limit.

(2) For the Golden eagle and Northern goshawk, helicopter Yarding within one-quarter mile radius of the nest is prohibited.

(3) For the Osprey, helicopter Yarding within one-quarter mile radius of the nest is prohibited between April 15 and June 15.

(4) For the Peregrine falcon, helicopter Yarding is prohibited within one-half mile of the nest.

Cal. Code Regs. Tit. 14, § 939.3

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. Renumbering and amendment of former section 939.7 to section 939.3 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
3. Amendment of subsection (a) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. 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 and 4551.5, Public Resources Code.