Cal. Code Regs. tit. 14 § 959.2

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

Section 959.2 - 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 Department of Fish and Wildlife.

Cal. Code Regs. Tit. 14, § 959.2

1. New section filed 3-21-83; designated effective 7-1-83 (Register 83, No. 13).
2. New section filed 8-12-91; operative 9-11-91 (Register 92, No. 13). For prior history, see Register 91, No. 50.
3. Renumbering of former section 959.2 to section 957.10 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
4. Renumbering and amendment of former section 959.6 to section 959.2 filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
5. 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.