State of California

Memorandum

From: Signed by: Carl Wilcox Conservation Manager

Central Coast Region, Post Office Box 47, Yountville, California 94599

Recently there-has been considerable discussion regarding the procedures the Department should employ for identifying raptor resources to be addressed during project reviews and recommending raptor surveys as enforceable conditions attached to development or management projects such as Timber Harvest Plans (THPs). In the past, staff members have made recommendations on individual THPs for raptor surveys and nest site protection measures based upon both Fish and Game Code (FGC) Section 3503.5 and the California Environmental Quality Act (CEQA).

Some landowners have agreed to initiate surveys to identify potential raptor nest sites and even to implement protective measures. However, there has been considerable resistance to implementing specific measures for raptors by many private timberland owners and the registered professional foresters and biologists in their employ. (These landowners and foresters have articulated their concerns in several discussions and recent correspondence with the Department.)

In the past several months, the regional managers have reviewed the various regional approaches to providing recommendations and comments on proposed THPs. The goals of this internal review are: (1) to encourage the use of consistent procedures within the various regions that review THPs and, (2) to establish a procedure for prioritizing workload in order to focus more attention on forest ecosystem functions. As a result of this review, we have developed the following work load priorities and procedures for consultations and project reviews, including THPs:

Pursuant to CEQA, the Department is a trustee agency with jurisdiction over the conservation, protection and management of fish, wildlife, native plants and habitat necessary for biologically sustainable populations of these species. As a trustee agency, the Department must consult with CEQA lead agencies to provide its biological expertise when reviewing and commenting on environmental documents and impacts arising from project activities. To fulfill these duties, the Department's procedure when recommending raptor surveys for proposed THPs will focus first on those impacts for which the CEQA Guidelines prescribe a mandatory finding of significance. For example, if a proposed plan has the potential to reduce the number or restrict the range of an endangered, rare or threatened raptor species, then the Department will always recommend raptor surveys as an enforceable condition of plan approval. The same recommendation will be made for Board of Forestry (BOF) "sensitive species." However, the Department will no longer recommend general surveys for every raptor species that may exist within a plan area. Instead, staff time will be directed at addressing landscape and cumulative biological issues in forest landscapes that may pose more of a biological risk than the loss of individual nests and birds of unlisted species. These risks include habitat simplification, seral stage compression, loss of structural components, spatial modification, and rearrangement of different habitats including migratory corridors and timberland conversion, among others. In addition, we are just beginning to implement a monitoring program that documents the effectiveness of our mitigation efforts and to develop concepts and approaches for comprehensive planning with large landowners. Attention to issues such as these will have important benefits for raptor species.

Deviations from this procedure should receive the regional manager's specific review and approval. For example, if a project review (for instance, a THP) is likely to result in significant adverse environmental impacts to a species that is not endangered, threatened, rare or a Board of Forestry "sensitive species", the regional surname process should specifically identify the mitigation measures incorporated into the proposed THP. In addition, if there is a basis for a local determination that the raptor species warrants protection that otherwise 'Would not be considered in other portions of its range, then the basis for the recommendation and the specific associated mitigation should be identified. Based on this review and consistent with CEQA section 15380, the regional manager may approve a staff recommendation for raptor surveys that are likely to result in additional feasible mitigation for species (or their habitats) that are not already designated as endangered, rare, or threatened, or on the BOF "sensitive species" list. Inclusion of a bird in the Department Is "Bird Species of Special Concern" publication, while focusing attention on the bird and it's habitat, does not individually justify consideration under CEQA Section 15380. A bird on that list would be evaluated with respect to site conditions, proposed activities, and its local population numbers and dynamics to determine whether site specific considerations are warranted.

Finally, FGC Section 3503.5 makes it unlawful to take, possess, or destroy birds of prey, or their nests or eggs, except as otherwise provided by the FGC or other regulations. While a violation of FGC Section 3503.5 will not necessarily be individually or cumulatively significant in the context of CEQA, the public has an obligation to comply with this statute. Therefore, in the event of a violation, the Department will continue to enforce the prohibitions contained in FGC Section 3503.5.

If you have any questions, please feel free to contact me in Yountville at (707) 944-5525.