1. (1) Helicopter operations within a SOSEA boundary shall not be allowed within 0.25 mile of a northern spotted owl site center between March 1 and August 31, provided that, this restriction shall not apply if:

   1. (a) The landowner demonstrates that the owls are not actively nesting during the current nesting season; or
   2. (b) The forest practice is operating in compliance with a plan or agreement developed for the protection of the northern spotted owl under WAC 222-16-080 (6)(a), (e), or (f).

2. (2) Helicopter operations shall not be allowed:

   1. (a) Over an occupied marbled murrelet site or the required managed buffer zone adjacent to that site during the critical nesting season; or
   2. (b) Within 0.25 mile of an occupied marbled murrelet site during the daily peak activity periods within the critical nesting season.
   3. (c) Provided that, these restrictions shall not apply if the forest practice is operating in compliance with a plan or agreement developed for the protection of the marbled murrelet under WAC 222-16-080 (6)(a) or (c).

[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. WSR 97-15-105, § 222-30-065, filed 7/21/97, effective 8/21/97. Statutory Authority: Chapters 76.09 and 34.05 RCW. WSR 96-12-038, § 222-30-065, filed 5/31/96, effective 7/1/96.]