[ODF_Private_Forests] NSO Protocol Update Policy

[WEEKS Kevin]

Private Forests News list members:

ODF Private Forests Division deputy chief Peter Daugherty issued this guidance memo to ODF staff regarding proposed revisions to protocols concerning special resource sites and interim rules for Northern Spotted owl sites on private forestland in Oregon.

Please share with forest landowners, stakeholders and other interested parties.

Kevin Weeks
ODF Agency Affairs Office
(503) 945-7427
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Private Forests Transition Update
2010 NSO Protocol Update Policy
March 31, 2010

Purpose

This document outlines interim ODF Private Forests guidance regarding implementation of the special resource site and interim spotted owl rules in light of the revised 2010 United States Fish & Wildlife Service (USFWS) Protocol for Surveying Northern Spotted Owls (NSOs).  No rule changes are being proposed.  The draft 2010 USFWS NSO protocol and associated transition memo can be found at http://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/Recovery/.

The information provided is important to share with landowners, their consulting biologists, and other state and federal agency staff you regularly interact with.  These stakeholders will need to understand (1) that USFWS NSO survey data standards are changing and (2) that the option to request a review for changing a NSO site status to "abandoned" will be temporarily suspended in the near future.  For questions about the survey protocol, please refer interested parties to the web link above or a USFWS field office.  For questions about the suspension of NSO "abandonment" review requests, they can contact Marganne Allen (Field Support, Policy, & Monitoring Manager 503-945-7240, mallen_AT_odf.state.or.us).

Background

The impetus and need for this new protocol is related to the "invasion" of barred owls throughout the range of spotted owls and subsequent behavioral changes by spotted owls.  Because barred owls are similar in size and ecology to spotted owls, they compete for the same nesting and foraging resources.  Barred owls are aggressive and are known to attack spotted owls and to displace them from their nesting areas.  Most importantly, the presence of barred owls is known to reduce the effectiveness of surveys since spotted owls are less likely to respond to calls during survey efforts.  Thus there is an increased risk of not detecting spotted owls even though they may actually be present.  This protocol was based on years of available research plus new analysis that examined the effects of barred owls on spotted owl response rates.  The new protocol is based on both scientific analysis and professional opinion.

The new protocol has increased the number of night visits, added a day-time walk through survey for some operations, further emphasized the use of digital electronic calling methods, and recommends spot-checks for operations with survey data collected more than two years ago.  For more specific details see the draft protocol at the weblink above.  A key change is the removal of the section on declaring sites historic or abandoned.  The research examined showed that sites can go vacant for many years (sometimes up to 12+ years) and then be recolonized by owls.  The science did not indicate a clear answer to support declaring sites historic after 3 or more years of survey.  This issue has been forwarded to the spotted owl recovery team.  The USFWS recommends that if you have spotted owl sites with 3 consecutive years of no responses, you should refer to the revised recovery plan, which is anticipated for release in late 2010, for guidance on management of those sites.

2010 is a transition year for implementation of the new protocol.  This protocol will remain draft through 2012, with updates occurring for the 2011 and 2012 field seasons pending additional peer review.  USFWS will be accepting feedback on the protocol during this period.

Interim NSO Rule Guidance

These protocol changes will affect what data is acceptable for use in identifying nest sites and activity centers and the "abandoned" status of NSO sites.  Private Forests personnel should be aware of and share the following information with landowners, their consulting biologists, and other state and federal biologists or other key staff you interact with regarding NSO sites:

*                     Data from surveys conducted according to the 1992 protocol will be acceptable through the 2010 survey season for use in identifying nest sites and activity centers.  Starting in the 2011 survey season, the department endorses and strongly recommends the use of the revised protocol for gathering information on spotted owl occupancy.

*                     The review of requests to change the status of NSO sites to "abandoned" will be limited to data sets up to and through the 2010 field season and collected according to the 1992 protocol at a minimum.  For example, an abandonment request whose third year included 2010 survey data conducted to at least 1992 protocol standards will still be accepted for review.  This suspension will be revisited by December 31, 2010 or upon  the release and review of the revised recovery plan in late 2010, whichever comes first.  It is not known at this time what kind of recommendations the recovery plan will offer regarding changes in site status or management options, though at a minimum additional surveys are a likely outcome.

There may be exceptions in specific cases.  Brad Knotts (Field Coordinator) or Marganne Allen (Field Support, Policy & Monitoring Manager) can provide support when reviewing survey information or abandonment requests.

Landowners and operators must realize that compliance with Oregon Department of Forestry forest practice rules does not imply compliance with the federal Endangered Species Act, which is enforced by the U.S. Fish and Wildlife Service.  Parties conducting operations on state and private forest lands are subject to all federal requirements under the Endangered Species Act, as well as any requirements of the forest practice rules.  Questions pertaining to the federal Endangered Species Act should be directed to the Portland office of the U.S. Fish and Wildlife Service at 503-231-6179.

Expiration: December 31, 2010

#ODF#
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