1. (a) The Director shall determine that the proposed habitat modification would result in “Harm” to an individual spotted owl if any of the following conditions exist:

   1. (1) Feeding habits would be significantly impaired because prey base or ability to catch prey would be adversely altered;
   2. (2) Breeding success would be significantly impaired because of a reduction in surrounding Owl Habitat before the young have had an opportunity to successfully disperse from their nesting site;
   3. (3) Nesting behavior would be significantly impaired because the Nest Site or adjoining area up to 500 feet from the Nest Site would be adversely altered; or
   4. (4) Sheltering (which includes roosting, feeding, and nesting) would be significantly impaired because the ability to escape predators, survive severe weather, or find appropriate microclimates would be adversely altered.

2. (b) The Director shall determine that an individual northern spotted owl would be “Harassed” by the proposed Timber Operations if there is a likelihood that any of the following conditions exist:

   1. (1) Feeding habits would be significantly disrupted because the prey base or the ability to catch prey would be impaired;
   2. (2) Breeding success would be significantly disrupted;
   3. (3) Nesting behavior would be significantly disrupted because activities would be conducted within 500 feet of a Nest Site; or
   4. (4) Sheltering (which includes roosting, nesting, or feeding) would be significantly disrupted because the ability to escape predators, survive severe weather, or find appropriate microclimates would be adversely altered.

3. (c) If the Director concludes that the proposed operations will result in a taking of the owl, he/she shall provide the Plan submitter with the following information:

   1. (1) The reasons for the determination, including an analysis of the factors set forth in this section;
   2. (2) The information which was relied upon and which was instrumental in making the determination; and
   3. (3) Recommendations for minimum modifications to the proposed operations which would be necessary to bring the impacts to a level at which “take” would not occur.

The Director shall apply the following criteria to the information provided by the Plan submitter and obtained during the review period to make a finding as to whether the Timber Operations, as proposed, will “take” an individual northern spotted owl.

Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 4313, 4551.5, 4582.75 and 4583, Public Resources Code; 50 CFR 17.11.

History

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 subsection (b)(4) transmitted to OAL 4-26-91 and filed 5-28-91 (Register 91, No. 28).

7. Amendment of first paragraph and subsections (a), (b) and (c) filed 11-25-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.4 (Register 2009, No. 48).

8. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).