Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1.5 - Department of Forestry and Fire ProtectionChapter 4 - Forest PracticesSubchapter 4 - Coast Forest District Rules
Article 9 - Wildlife Protection Practices
Section 919.9 - Northern Spotted Owl

Cal. Code Regs. tit. 14 § 919.9

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 919.9 - Northern Spotted Owl

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 § 919.10. In making that evaluation:
(1) The SOE shall apply the criteria set forth in 14 CCR § 919.10;
(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 § 919.10(c) within 10 working days of making this determination.
(5) Requests for prefiling consultation shall be handled in the order in which received.
(b) If the Plan submitter proposes to proceed under an Incidental Take Permit, Safe Harbor Agreement, participation in a Habitat Conservation Plan, or any other permit covering the northern spotted owl issued by the USFWS or the CDFW, the submitter shall supply a copy of the permit upon the Department's request.
(c) If the submitter proposes to proceed pursuant to the outcome of a discussion with the U.S. Fish and Wildlife Service, the submitter shall submit a letter prepared by the RPF that the described or proposed management prescription is acceptable to the USFWS.
(d) Where an Activity Center has been located within the Plan boundary or within 0.7 miles (within the range of coast redwood) or 1.3 miles (outside of the range of coast redwood) of that boundary, the RPF shall determine and document in the Plan:
(i) Activity Center-specific protection measures to be applied during Timber Operations and
(ii) Northern Spotted Owl Habitat which meets the standards of the appropriate region, that will be retained after the proposed operations are completed to avoid take consistent with guidance provided by the listing agency(s) or Director, or
(iii) propose alternative take avoidance standards based upon substantial site-specific information for review and approval by the Director.

Cal. Code Regs. Tit. 14, § 919.9

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4513, 4551.5, 4582.75, 4583 and 4597, Public Resources Code; and 50 CFR 17.11.

1. New section 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.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 4).
3. New section 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.
4. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 16).
5. New section 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.
6. Certificate of Compliance as to 3-25-91 order transmitted to OAL 4-26-91 including amendments to introductory language and subsections (a)(3), (b)(1)(D)(2), (c), and (e), and deletion of subsection (h) transmitted to OAL 4-26-91 and filed 5-28-91 (Register 91, No. 28).
7. Amendment of second paragraph, new third paragraph, and amendment of fourth paragraph and subsection (a) filed 3-27-95; operative 3-27-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 13).
8. Amendment filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
9. Amendment of subsections (c) and (g) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
10. Amendment of first paragraph filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5 (Register 2008, No. 45).
11. Amendment filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).
12. Amendment of subsections (c)(4) and (g)-(g)(4) filed 6-23-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5 (Register 2010, No. 26).
13. Change without regulatory effect amending subsections (b)(1)(D) and (c)(4) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
14. Amendment of first paragraph and amendment of Note filed 6-2-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
15. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
16. Amendment filed 8-15-2023; operative 1/1/2024 pursuant to Public Resources Code section 4554.5(a) (Register 2023, No. 33).