OAR 629-665-0120: Great Blue Heron Resource Sites; Key Components; Protection Requirements; Exceptions

(1) For the great blue heron, the resource site is the active nest tree(s) and any identified key components. (a) An active nest tree is one that has been used by one or more pair of great blue heron within the past three nesting seasons. No protection is required for an abandoned resource site. (b) The key components associated with a great blue heron resource site are the nest tree(s), a vegetative buffer around the nest tree(s) including perching and fledging trees, and replacement tree(s). Factors to consider when identifying key components: (A) Actual observation data when available; (B) Perching, fledging, and replacement tree(s) should be tall with plenty of space for these large birds to fly into and out. Older trees with open branching should be retained; (C) Areas of high winds may require that additional trees be retained to protect the active nest tree and identified key components from damage. (2) The operator shall provide the following protection measures when operating within or near a great blue heron resource site: (a) Retain the active nest tree; (b) Retain a vegetative buffer not less than 300 feet around the outermost nest trees as key components that includes perching and fledging trees, and replacement trees. (c) The vegetative buffer around a rookery may be actively managed if the key components in subsection (1) are protected. When conducting forest management activities within this buffer, operators shall consider heron protection as the highest priority. The vegetative buffer needs to provide a visual screen from disturbing influences around the rookery, and must be designed to protect the nest tree(s), perching, fledging, and replacement tree(s) from windthrow. Examples of forest management activities that may occur within the vegetative buffer include tree topping, and/or other methods of "feathering" the outer edges of the buffer to reduce windthrow potential, or remove individual trees (especially along the edge of the buffer) if the integrity of the buffer is maintained and all the key components are adequately protected. Operators should consult with the State Forester and the Oregon Department of Fish and Wildlife when marking trees to be removed from this buffer. (d) During and after forest operations, the resource site shall be protected from damage. The operation shall be designed to protect the key components from windthrow; (e) During the critical period of use, operations shall be designed and conducted so as not to disturb great blue herons using the key components. From February 15 through July 31, forest operations shall not be permitted within one-quarter (1/4) mile of the active nest tree(s) unless the State Forester determines that the operations will not cause the birds to flush from these trees. The critical period of use may be modified by the State Forester after the resource site is evaluated following OAR 629-665-0020. (3) Structural exceptions for the resource site may be approved by the State Forester when addressed in a plan for an alternate practice. The State Forester may approve such a plan when these criteria are met: (a) The site contains five nests or fewer; (b) The State Forester determines that the loss of the site will not adversely affect the local population; and (c) There are no economically feasible alternatives that maintain the key components. (4) Factors considered by the State Forester before approving a structural exception to protection of a great blue heron resource site shall include, but are not limited to: (a) The size of the site (number of nests); (b) The size of the breeding population in the local area; (c) The productivity of great blue herons in the local area; (d) The contribution of the site to local productivity; (e) The probability that protection measures will be successful; (f) Available alternate nesting sites; and (g) Whether alternatives that protect the site are economically feasible. (5) Temporal exceptions to protection of a great blue heron resource site may be approved by the State Forester when addressed in a plan for an alternate practice. The State Forester may approve such a plan when: (a) The State Forester determines that nest disruption or failure for a season or site abandonment will not adversely affect the local population; and (b) There are no economically feasible alternatives that will not disturb the birds during the critical period of use. (6) Factors considered by the State Forester before approving a temporal exception shall include, but are not limited to: (a) The size of the site (number of nests); (b) The size of the breeding population in the local area; (c) The productivity of great blue herons in the local area; (d) The contribution of the site to local productivity; and (e) Whether alternatives that protect the site are economically feasible.