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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF FORESTRY

 

DIVISION 680

RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES

629-680-0000

Purpose

(1) OAR 629-680-0000 to 0430 shall be known as the Resource Site Inventory and Protection Process Rules.

(2) The purpose of the rules in OAR 629, division 680 is to set criteria to inventory and protect special resources described in ORS 527.710 (3)(a) on forestlands regulated by the Forest Practices Act. Forests make a vital contribution to Oregon by providing jobs, products, tax base and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources and by providing a habitat for wildlife and aquatic life. Consistent with ORS 527.630, it is the policy of these rules to encourage economically efficient forest practices that assure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes as the leading use on privately owned land, consistent with sound management of soil, air, water and fish and wildlife resources that assures the continuous benefits of those resources for future generations of Oregonians.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1990, f. & cert. ef. 7-25-90; FB 3-1991, f. & cert. ef. 5-23-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0010

629-680-0010

Definitions

In addition to the definitions listed in OAR 629-600-0100, as used in OAR Chapter 629, Division 680:

(1) "Critical period of use" means the time of year the State Forester determines a species is sensitive to disturbance at a resource site.

(2) "Disturbance" means actions which cause birds to flush from the resource site.

(3) "Endangered species" means any fish or wildlife species identified as "endangered" on lists that are adopted, by rule, by the Oregon Fish and Wildlife Commission or are federally listed as "endangered" under the Endangered Species Act of 1973 as amended.

(4) "Listed species" means a species adopted by the Board under OAR 629-680-0200.

(5) "Site productivity" means the ability of a resource site to produce the benefits for which it is being protected. As an example, nesting site productivity is measured by the number of young birds successfully raised. For a roosting site, productivity is measured by the number of birds roosting over a given time. Watering site productivity is measured by the number of band-tailed pigeons that visit the resource site over a given time.

(6) "Threatened species" means any fish or wildlife species identified as "threatened" on lists that are adopted, by rule, by the Oregon Fish and Wildlife Commission or are federally listed as "threatened" under the Endangered Species Act of 1973 as amended.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1990, f. & cert. ef. 7-25-90; FB 3-1991, f. & cert. ef. 5-23-91; FB 8-1991, f. & cert. ef. 10-30-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0020

629-680-0020

Resource Site Defined for the Purpose of a Hearing

(1) Notwithstanding OAR 629-600-0100(61), 629-665-0110(1), 629-665-0120(1), 629-665-0220(1), 629-665-0230(1), and 629-665-0240(1), key components are not considered a part of the resource site in determining the place from which distances are measured for the purpose of requesting a hearing under ORS 527.670(4) and 527.700(3).

(2) For threatened or endangered bird species, the place from which such distances are measured is the active nest tree, roost trees, or foraging perch.

(3) For birds which use sensitive bird nesting, roosting or watering sites, the place from which such distances are measured is the specific nest tree, roosting tree or watering place.

(4) For significant wetland types identified in OAR 629-680-0310, the place from which such distances are measured is the significant wetland boundary as determined by the State Forester.

(5) For other sites protected under ORS 527.710(3)(a), the place will be defined by rule as rules are adopted to protect the sites.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1990, f. & cert. ef. 7-25-90; FB 3-1991, f. & cert. ef. 5-23-91; FB 8-1991, f. & cert. ef. 10-30-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0900; DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13

629-680-0030

Reporting

The department shall review the resource site rules for sensitive bird nesting, roosting and watering sites; for threatened and endangered fish and wildlife species; and for significant wetlands to determine if protection levels are effective. Every two years the department shall report to the Board:

(1) The number and types of operations conducted adjacent to, or within, resource sites.

(2) The productivity of a sample of resource sites, including an evaluation of the success of the applied protection levels and an assessment of the economic impacts.

(3) The number of structural and temporal exceptions requested; the number of exceptions permitted and denied; when exceptions are permitted, any disagreement to the exception on the part of the Department of Fish and Wildlife; and the reasons for granting or denying the exceptions.

(4) The number of approved alternate plans for each significant wetland type.

(5) Recommended changes to protection rules.

(6) Research needed to further evaluate the protection levels.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1990, f. & cert. ef. 7-25-90; FB 8-1991, f. & cert. ef. 10-30-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-1000

629-680-0100

Process for Board Evaluation of Threatened and Endangered Fish and Wildlife Species that use Resource Sites that are Sensitive to Forest Practices

(1) When a species is listed as threatened or endangered by state or federal authorities, the Board shall adopt rules to protect resource sites that are used by those species and that are sensitive to forest practices. The following process shall be used when the Board develops protection rules for these resource sites:

(a) The Board's evaluation shall be based on the best available information summarized in a technical review paper. The paper must be submitted by those proposing protection for resource sites used by a threatened or endangered species. The paper may be written by the State Forester, another agency, an organization or a person. The paper shall demonstrate how the resource sites are sensitive to forest practices. The paper may rely upon information used during the listing process and must:

(A) Identify the resource sites used by the species;

(B) Identify forest practices that conflict with the resource sites;

(C) Evaluate the biological consequences of the identified conflicts; and

(D) Propose protection requirements and exceptions for the resource sites.

(b) The State Forester shall review the technical paper submitted under subsection(1)(a) of this rule. The review shall include an evaluation of the literature used, consultation with technical experts and a technical review by experts chosen by the State Forester. The State Forester shall submit a report of this review to the Board.

(c) The Board shall review and accept or reject the information presented in subsections (1)(a) and (b) of this rule;

(d) Using the technical review paper and the State Forester's report, plus other available information for the species, the Board shall:

(A) Identify the resource sites for the species;

(B) Identify forest practices that conflict with the resource sites and evaluate the consequences of those conflicts;

(C) Determine the protection requirements for the resource sites; and

(D) Determine any exceptions criteria.

(2) The Board shall adopt protection requirements and exception criteria for resource sites used by the threatened or endangered species.

(3) The State Forester shall maintain an inventory of protected resource sites that are used by threatened or endangered species.

(4) When a threatened or endangered species is de-listed by the Oregon Fish and Wildlife Commission or the U.S. Fish and Wildlife Service, the Board shall determine whether continued protection of resource sites is warranted:

(a) If the Board determines that continued protection rules are warranted, the rules shall be promulgated under the appropriate statutory authority;

(b) If the Board determines that continued protection rules are not warranted, existing rules shall be repealed.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1991, f. & cert. ef. 5-23-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0100

629-680-0200

Process for Board Listing and De-listing Species that use Sensitive Bird Nesting, Roosting and Watering Sites

(1) The department, a person, an organization or other agency may propose listing species that use sensitive bird nesting, roosting and watering sites. The following process shall be used when the Board considers listing a species:

(a) The Board's evaluation of each species shall be based on the best available information. This information must be summarized in a technical review paper and may be supported by other written information. The technical review paper must be submitted by those proposing the species for listing. Others also may submit technical review papers for the Board's consideration. Technical review papers must include:

(A) The biology of the species. This should include the life history, population status and trends, and identification of the resource site;

(B) The best available information on the number of resource sites of the species on private and public lands in Oregon;

(C) An evaluation of how the resource sites used by the species meet the criteria in OAR 629-680-0210;

(D) An identification of forest practices that conflict with the resource site;

(E) An evaluation of the biological consequences of the identified conflicts;

(F) The proposed protection requirements for the resource site;

(G) The proposed exception criteria for the resource site.

(b) The State Forester shall review all technical papers submitted under subsection(1)(a) of this rule. The review shall include an evaluation of the literature used, consultation with technical experts and a technical review by experts chosen by the State Forester. The State Forester shall submit a report of the review to the Board;

(c) The Board shall review and accept, reject or modify the information presented in subsections (1)(a) and (b) of this rule. Using the process set out in OAR 629-680-0220, the Board shall use this information to identify forest practice conflicts and consequences and to set appropriate protection for the resource site;

(d) The Board shall accept or reject the species as using sensitive bird nesting, roosting, or watering sites based on the criteria listed in OAR 629-680-0210. A species accepted by the Board must be a native species that requires site specific protection in order to assure the continuation of the species throughout its natural range;

(e) Accepted species shall be listed in OAR 629-665-0100 by the Board. The State Forester shall develop an inventory of resource sites used by the species.

(2) The department, a person, an organization or other agency may propose de-listing species that use sensitive bird nesting, roosting, or watering sites. The following process shall be used when the Board considers de-listing a species:

(a) The Board's evaluation of a proposal to de-list a species shall be based on the best available information. This information must be summarized in a technical review paper and may be supported by other written information. The technical review paper must be submitted by those proposing the species for de-listing. Others also may submit technical review papers for the Board's consideration. Technical review papers must include:

(A) The biology of the species. This should include the life history, population status and trends, the critical period of use of a resource site by the species, and identification of the resource site;

(B) The best available information on the number of resource sites of the species on private and public lands in Oregon;

(C) An evaluation of how the species fails to meet the criteria in OAR 629-680-0210.

(b) The State Forester shall review all technical papers submitted under subsection (2)(a) of this rule. The review shall include an evaluation of the literature used, consultation with technical experts and a technical review by experts chosen by the State Forester. The State Forester shall submit a report of the review to the Board;

(c) The Board shall review and accept, reject or modify the information presented in subsections (2)(a) and (b) of this rule. Based on this information the Board shall remove species not meeting the criteria in OAR 629-680-0210 from the list. The State Forester shall remove resource sites of de-listed species from the inventory.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1990, f. & cert. ef. 7-25-90; FB 3-1991, f. & cert. ef. 5-23-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0200

629-680-0210

Criteria To Identify Sensitive Bird Nesting, Roosting and Watering Sites

Resource sites must meet the following criteria in order to be listed as sensitive bird nesting, roosting or watering sites:

(1) The resource sites must be used by native species and require site-specific protection in order to assure the continuation of the species throughout its natural range.

(2) The resource sites must have a probability of being directly and adversely affected by forest practices.

(3) In addition, the resource sites must meet one or more of the following criteria:

(a) They are resource sites in which birds concentrate the nesting, roosting, or watering:

(A) Once established, the resource sites must have a history of long and repeated use;

(B) The numbers of resource sites used by the birds are limited (occur in fixed amounts); or

(C) The resource sites provide special requirements for the species.

(b) The number of suitable resource sites is limited (occur in fixed amounts) and the resource sites are used by species with specialized nesting or roosting requirements:

(A) Once established, the resource sites must have a history of long and repeated use;

(B) Populations of the species using these resource sites are, or evidence indicates are, naturally small; or

(C) Populations of the species using these resource sites are only found in a few locations in Oregon.

(c) The number of suitable resource sites is declining and expected to decline in the future, and the resource sites are used by species with specialized nesting or roosting requirements:

(A) Once established, the resource sites must have a history of long and repeated use;

(B) Populations of the species using these resource sites are, or evidence indicates are, naturally small; or

(C) Populations of the species using these resource sites are only found in a few locations in Oregon.

(d) The resource sites are protected by the federal 1940 Bald Eagle Protection Act (16 U.S.C. 668- 668d). This act includes protection of the golden eagle.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1990, f. & cert. ef. 7-25-90; FB 3-1991, f. & cert. ef. 5-23-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0210

629-680-0220

Process for Determining Forest Practices Conflicts and Consequences; Protection Requirements for the Resource Site

(1) The following process shall be used by the Board to evaluate forest practices conflicts and consequences and in setting appropriate protection for the resource site. Using the technical review paper developed in OAR 629-680-0200, plus other available information for each listed species, the Board shall:

(a) Identify the resource site for each listed species;

(b) Identify forest practices that conflict with the resource site and evaluate the consequences of those conflicts;

(c) Determine the protection requirements necessary to protect the resource site;

(d) Determine any exceptions criteria.

(2) The Board shall adopt protection requirements and exception criteria for each species listed in OAR 629-665-0100.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 4-1990, f. & cert. ef. 7-25-90; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0220

629-680-0300

Purpose

ORS 527.710(3)(a)(D) requires the Board to identify and protect significant wetlands. The purpose of these rules is to identify significant wetlands types on forestlands. Significant wetlands require site-specific protection and written plans. Protection rules for significant wetlands are in OAR 629-645-0000 through 629-645-0050.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 8-1991, f. & cert. ef. 10-30-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0300

629-680-0310

Significant Wetland Types

The following wetland types are determined by the Board to be significant:

(1) Wetlands that are larger than eight acres;

(2) Estuaries;

(3) Bogs; and

(4) Important springs in eastern Oregon.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 8-1991, f. & cert. ef. 10-30-91; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0310

629-680-0400

Definition

Biological sites are resource sites which contain examples of ecologically and scientifically significant living natural resources. Biological sites include important native plant associations or animal communities, or both.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 6-1992, f. & cert. ef. 5-8-92; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0400

629-680-0410

Protection Goal for Biological Sites

The protection goal for biological sites is to assure that forest practices maintain the biological (plant and animal) diversity and the essential habitat at the resource site over time.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 6-1992, f. & cert. ef. 5-8-92; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0410

629-680-0420

Process To Inventory a Biological Site

(1) A technical site report is used to propose a biological site for listing on the inventory. The report is written by an individual, a landowner, an agency, or an organization. The report shall:

(a) Identify the key components of the biological site, such as physical features, vegetation, and wildlife;

(b) Identify how or why the biological site meets the criteria in OAR 629-680-0430; and

(c) Include written evidence of the landowner's permission for any on-site evaluations that may have been conducted.

(2) The State Forester shall review the technical site report and other available information. The review may include an evaluation by technical experts appointed by the State Forester. The review shall:

(a) Consider the ecological and scientific significance of the site as presented in the technical site report;

(b) Identify forest practices that conflict with the maintenance of the key components;

(c) Evaluate the consequences of the identified conflicts; and

(d) Propose protection or management requirements for the biological site.

(3) The State Forester shall submit a report of the review to the Board.

(4) Using the State Forester's report, the technical site report and other available information for the biological site, the Board shall confirm whether the biological site meets the criteria in OAR 629-680-0430. If the Board determines that the biological site is ecologically and scientifically significant, the Board shall:

(a) Identify the forest practices that conflict with the key components;

(b) Evaluate the consequences of those conflicts; and

(c) Adopt protection or management requirements necessary to meet the protection goal.

(5) The State Forester shall maintain a resource site inventory of biological sites adopted by the Board.

(6) If a biological site on the resource site inventory is no longer ecologically and scientifically significant, a site report recommending removal of the resource site from the inventory may be submitted, by any party, to the State Forester.

(a) The State Forester shall review the report as described in section 2 of this rule and submit a recommendation to the Board.

(b) Using the State Forester's recommendation, and any other information, the Board shall determine if the biological site should be removed from the inventory.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 6-1992, f. & cert. ef. 5-8-92; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0420

629-680-0430

Biological Sites Criteria

(1) A biological site must include naturally occurring native communities of plants or populations of wildlife that are rare or uncommon. A biological site must contain one or more of the following:

(a) An outstanding example of a rare or unique biological resource; or

(b) Unique assemblage of species; or

(c) On state lands, the existence of threatened or endangered plant species.

(2) As referenced in ORS 564.135, the existence of threatened or endangered plant species alone on private forestland does not qualify a candidate biological site for listing and protection, unless other elements exist that meet the required biological site criteria.

(3) In determining the degree of significance, the following shall be considered:

(a) The magnitude of the threat to the biological site and the consequences of its loss.

(b) The number of similar areas inside or outside of Oregon.

(c) The diversity of the biological site. For example, a site with large numbers of species or natural communities may be more significant.

(4) The biological site should have special applications for scientific research. For example, the biological site can be used for medical study, biochemical research, or for successional studies. These opportunities are rare or very limited at other resource sites.

Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 6-1992, f. & cert. ef. 5-8-92; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0430

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