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harbor provisions to non-waterway upland areas on the draft inventory. At that time, staff reported back <br />to the Council that application of the safe harbor inventory criteria for wildlife habitat sites to the areas <br />outside waterway corridors in the South Hills would effectively remove those areas from further <br />consideration for protection, as those areas did not meet the safe harbor criteria. <br /> <br />The "Safe Harbor" provisions under Goal 5 provide a different methodology for local governments to <br />meet the Goal 5 requirements with less staff work and process than is required in the "standard" Goal 5 <br />process. The Safe Harbor provisions for the Goal 5 inventory process set out specific criteria for <br />determining which sites will be considered significant, and rely on resources that are already mapped by <br />state or federal resource agencies or other qualified professionals. The safe harbor provisions rely on <br />existing inventory mapping and data in order to reduce the burden on local governments for conducting <br />Goal 5 inventories. The "standard" inventory process, on the other hand, allows the local jurisdiction to <br />create and adopt their own criteria for significance, and requires more detailed analysis. The sites that are <br />considered "significant" under Goal 5 are those that will be considered for protection measures. Safe <br />Harbor Inventory Criteria for wildlife habitat (OAR 660-023-0110(4) are as follows: <br /> <br /> "(4) Local governments may determine wildlife habitat significance under OAR 660-023-0040 or <br /> apply the safe harbor criteria in this section. Under the safe harbor, local governments may <br /> determine that "wildlife" does not include fish, and that significant wildlife habitat is only those <br /> sites where one or more of the following conditions exist: <br /> <br /> (a) The habitat has been documented to perform a life support function for a wildlife <br /> species listed by the federal government as a threatened or endangered species or by the <br /> state of Oregon as a threatened, endangered, or sensitive species; <br /> <br /> (b) The habitat has documented occurrences of more than incidental use by a <br /> species described in subsection (a) of this section; (emphasis added) <br /> <br /> (c) The habitat has been documented as a sensitive bird nesting, roosting, or watering <br /> resource site for osprey or great blue herons pursuant to ORS 527.710 (Oregon Forest <br /> Practices Act) and OAR 629-024-0700 (Forest Practices Rules); <br /> <br /> (d) The habitat has been documented to be essential to achieving policies or population <br /> objectives specified in a wildlife species management plan adopted by the Oregon Fish <br /> and Wildlife Commission pursuant to ORS Chapter 496; or <br /> <br /> (e) The area is identified and mapped by ODFW as habitat for a wildlife species of <br /> concern and/or as a habitat of concern (e.g., big game winter range and migration <br /> corridors, golden eagle and prairie falcon nest sites, or pigeon springs)." <br /> <br />The term "documented" as applied in this subsection is defined at OAR 660-023-0110(1)(a): <br /> <br /> "Documented" means that an area is shown on a map published or issued by a state or federal <br /> agency or by a professional with demonstrated expertise in habitat identification. <br /> <br />Criterion (4)(b) is the focus of the issue raised before the Council and which the Council motion <br />addresses. In order for an area of land to meet the requirements of OAR 660-023-0110(4)(b), one of two <br />forms of documentation was needed, either: (1) the area was shown on a map of habitat with <br />"documented occurrences of more than incidental use" by pileated woodpeckers issued by a state or <br />federal agency, or (2) the area was shown on a map of habitat with "documented occurrences of more <br />than incidental use" by pileated woodpecker issued by a professional with demonstrated expertise in <br /> <br /> <br />