Guidance documents for fuels management and post-fire salvage projects are now available.
The California Fish and Game Commission voted to list the Northern Spotted Owl (NSO) as a threatened species and thus it is subject to the prohibitions on take found in the California Endangered Species Act (CESA) (Fish & G. Code, § 2080 et seq.). NSO has additionally been subject to federal prohibitions on take since it was added to the list of species covered by the federal Endangered Species Act in 1990. NSO’s status as a threatened species under CESA means that CDFW is responsible for ensuring NSO’s continued existence and preventing significant adverse impacts to the species. CDFW’s Timberland Conservation Program (TCP) reviews NSO information in Timber Harvesting Plans (THPs) and other timber operations. TCP’s involvement includes the following:
- CDFW staff reviews selected THPs to evaluate their compliance with the Forest Practice Rules (FPR) (including Section 898.2) and the United States Fish and Wildlife Service (USFWS) protocol and guidelines (PDF). CDFW reviews timber harvest activities within its role and authority as an FPR Review Team Member (FPR Section 1037.5), and evaluates THPs specifically with respect to compliance with the California Environmental Quality Act (CEQA) and CESA.
- Deviations from the USFWS protocol and guidelines should be reviewed by USFWS. The California Department of Forestry and Fire Protection (CAL FIRE) is the lead agency for approval and issuance of THPs and Non-industrial Timber Management Plans (NTMPs) and has the final authority to approve or deny THPs with proposed deviations.
- Using the best science available, CDFW recommends submission of completed NSO survey and habitat information with each THP and NTMP. This allows for the most accurate and timely assessment of potential impacts to NSO. Additionally, foresters and/or landowners should annually submit spotted owl survey data to the CDFW Spotted Owl Observations Database to assist with and expedite NSO impact assessment.
- In cases where CDFW determines plans include incomplete or inaccurate information, CDFW informs CAL FIRE and plan submitters that insufficient information has been provided for CDFW to render an opinion as to whether the plan conforms with the Forest Practice Rules, the USFWS protocols and guidelines, CESA, and/or CEQA. In those cases, CDFW identifies what additional information is needed to complete the NSO information package.
- CDFW’s review of THPs, NTMPs, and amendments is not subject to the provisions of Habitat Retention Agreements (HRA) between the landowner and USFWS unless the HRA provisions have been addressed in an active Technical Assistance letter from USFWS and in compliance with FPR Section 919.9(e). In addition, HRAs are not equivalent to Safe Harbor Agreements (SHAs) and cannot be easily transferred to a SHA.
- CDFW anticipates providing comments to landowners and USFWS engaged in developing federal Safe Harbor Agreements (SHAs) to help ensure the federal SHAs’ provisions meet Fish and Game Code Section 2089.6 State SHA issuance criteria and can qualify for consistency determinations per Fish and Game Code Section 2089.22.
- CDFW engages with landowners and USFWS regarding federal take authorization of NSO to help ensure the federal provisions meet Fish and Game Code Section 2081 and can qualify for consistency determinations pursuant to Fish and Game Code Section 2080.1.
- As staff availability allows, CDFW offers its services to answer technical and regulatory questions and complete NSO pre-survey consultations for THPs, NTMPs, emergencies, and exemptions.
Report on NSO Stakeholder Meetings
In the spring of 2017, CDFW met with stakeholders to discuss NSO conservation and management on private timberlands. CDFW staff collated these ideas and recommendations in the Report on Northern Spotted Owl Stakeholder Meetings (PDF). This report summarizes the wide range of ideas and opinions from stakeholders involved in NSO-related issues on non-federal timberlands within the California range of NSO. This information is intended to assist the Board of Forestry and Fire Protection when it considers regulatory reform of the FPR related to NSO. Additionally, CDFW intends to use this report as a basis for proposing monitoring ideas to the Effectiveness Monitoring Committee and to guide management decisions internally.
Guidance and Background Information
In 2016, CDFW staff from the Timberland Conservation Program worked with California Department of Forestry and Fire Protection (CAL FIRE) staff to put on a series of workshops related to water drafting during timber operations.
Presentation Videos
Related Documents
California's timberlands are home to many rare, threatened, endangered, and sensitive species. Natural history information about California wildlife is available through the California Wildlife Habitat Relationships (CWHR) system.
The Biogeographic Data Branch maintains a compilation of plant, fish, and wildlife currently listed as threatened or endangered:
The Fish and Game Commission maintains a web page for species that are candidates for listing under the California Endangered Species Act. This page includes the listing petition, all related Fish and Game Commission findings, and CDFW reports and recommendations.
Other sensitive species include:
The California Natural Diversity Database (CNDDB) is an important source of positive detection data for California's special status species. However, lack of occurrences in CNDDB does not mean that species are absent from that area. This also applies to the Spotted Owl Observations Database. Scientifically-vetted species-specific surveys should be performed for the best chance of verifying presence or absence of special status species.