Larissa Lane Kuark Forest East Gippsland

Transcription

1 Larissa Lane Kuark Forest East Gippsland , , and POWERFUL AND OTY OWL DETECTION REPORT Report on Powerful Owl (Ninox strenua) and Sooty Owl (Tyto tenebricosa) detections within and/or adjacent to VicForests scheduled logging coupes , , and Abstract VicForests scheduled logging coupes , , and were investigated to determine the presence/absence of Large Forest Owls including Powerful and Sooty Owls. As such, planning and operational compliance with the regulatory framework governing logging operations within Victorian State Forest concerning the application of the Intended Management Actions detailed within each of the relevant Flora and Fauna Guarantee Act (1998) Action Statements for each of the Owl species, the Management Guideline for Owls detailed in the relevant Forest Management Plan for the East Gippsland Forest Management Area, and the precautionary principle as expressed within the relevant Code of Practice for Timber Production, was assessed. The results of this investigation include the detection of the Powerful and Sooty Owls from within and/or adjacent to coupes , , and The methodology employed, the results of the investigation and the reports conclusions and recommendations are detailed below. Relevant Legislation Flora and Fauna Guarantee Act (1998) Action Statement #117 Sooty Owl Tyto tenebricosa, Department of Sustainability and Environment, The State of Victoria, East Melbourne, 2003 Flora and Fauna Guarantee Act (1998) Action Statement #92 Powerful Owl Ninox strenua, Department of Sustainability and Environment, Victoria, East Melbourne Forest Management Plan for the East Gippsland Forest Management Area (Chapter 3, Biodiversity Conservation), Department of Conservation and Natural Resources, East Melbourne, 1995 Code of Practice for Timber Production (Section 2.2.2), Victorian Government Department of Sustainability and Environment, 2007 Status of Site Logging is scheduled on VicForests current Timber Release Plan within coupes , , and Logging has occurred within coupes , , and and it is expected that further logging will occur shortly in one or more of these four coupes. Surveyors Author Owen Hanson Andrew Lincoln Andrew Lincoln Fauna and Flora Research Collective Inc. Date of Investigation & Date of report 05/09/2014 1/17

2 Location details Within and adjacent to VicForests scheduled logging coupes , , and in the Arte River catchment of the Kuark State Forest, East Gippsland. Figure A. Detail from: "Approved Timber Release Plan Map Change Map; July 2014 (with all approved amendments applied) Orbost (East)", VicForests, 16 July 2014 * Investigation location within blue box. * See Figure B. on the following page for further details. 2/17

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4 Method 1 (Active Search/Call Playback method used) [30 August 2014] Active Search/Call Playback [] Survey technique: Hand-held megaphone and MP3 audio player with prerecorded Forest Owl calls. Audio recording using hand-held audio recorder [Model: Sony IC Recorder ICD-UX200F] Photograph/Video recording using digital camera. [Model: Nikon Coolpix L110] Spotlighting (hand-held) and binoculars for species identification. Video recording using infra-red night vision recorder. [Model: Magninon] Global Positioning System (GPS) for recording location of species detection records. Location: : Active Search/Recording Location ; 55 H (GDA//UTM) LL-Listen-02: Incidental aural encounter ; 55 H (GDA//UTM) See Results Figure 2-3. & LL-Listen-02 (Sooty Owl detection) for further details. Note: times detailed in this section are approximate. Method used: 1. Surveyors were present on the 30th August 2014, at 18:11, at the above location within the Kuark Forest Block and within VicForests scheduled logging coupe Audio recording using hand-held audio recorder commenced at this time. 3. Forest Owl call play back recordings were played from 19: Powerful Owl prerecorded calls were played for 2 minutes followed by a period of 2 minutes silence, listening and active searching for the presence of owls with a hand-held spotlight. This process was repeated for the Powerful Owl species shortly after. 5. At 19:16 Southern Boobook Owl (Ninox novaeseelandiae) was heard at approximately 250 and ~300m from the surveyors location. 6. Sooty Owl prerecorded calls were played intermittently for 4 minutes followed by a period of 2 minutes silence. 7. At approximately 19:25 a Sooty Owl bomb-drop call was heard by the surveyors at approximately 260 and ~200m from : 55 H (GDA//UTM). 8. Shortly after Sooty Owl trilling was heard closer to the surveyors until a Sooty Owl individual was perched in the branches of a Eucalyptus trees nearby to the surveyors. 9. At ~19:45 visual observation of the Sooty Owl was obtained using the hand-held spotlight at a direction of approximately 100 and ~30m. 10. Shortly after stills photographs were captured of the Sooty Owl individual at this location. 11. Audio recording at the survey location concluded approximately 2hrs after commencment. 12. Shortly after the Sooty Owl individual flew to a different location at approximately 160 and ~50m from the survey location. 13. Additional photographs were obtained of the Sooty Owl from this location. 14. The Active Search/Call Playback survey was concluded at approximately 20: More than an hour later than the events detailed above the surveyors additionally aurally observed two Sooty Owl bomb-drop calls from LL-Listen-02: 55 H (GDA//UTM) at approximately 250 and ~300m. 16. Details of the Sooty Owl audio and photgraphic recordings obtained are further detailed in this reports Results sections below. 4/17

5 Method 2 (Incidental encounter method used) [31 August 2014] Incidental Encounter [] Survey technique: Photograph/Video recording using digital camera. [Model: Nikon Coolpix L110] Global Positioning System (GPS) for recording location of species detection records. Location: LLPOIE01: Powerful Owl Roost ; 55 H * (GDA//UTM) *NOTE: approximate location projected from surveyors position See Results Figure 2-3. LLPOI01 (Powerful Owl Roost) for further details. Also LLPOIE01 is approximately bottom-centre of image below. Method used: 1. Surveyors were present on the 31th August 2014 nearby to the above location within the Kuark Forest Block and within VicForests scheduled logging coupes Moving through the forest a Powerful Owl (Ninox strenua) individual was flushed from a daytime roost at approximately the above location. 3. Direct observation of the Powerful Owl was made and still photographs were obtained. 4. Shortly after Pied Currawongs (Strepera graculina) harassed the Powerful Owl causing it to fly off out of sight of the surveyors. 5. Further details of the Powerful Owl observation and photgraphs obtained are presented in this reports Results sections below. 5/17

6 Method 3 (Active Search/Call Playback method used) [31 August 2014] Active Search/Call Playback [] Survey technique: Hand-held megaphone and MP3 audio player with prerecorded Forest Owl calls. Audio recording using hand-held audio recorder [Model: Sony IC Recorder ICD-UX200F] Photograph/Video recording using digital camera. [Model: Nikon Coolpix L110] Spotlighting (hand-held) and binoculars for species identification. Video recording using infra-red night vision recorder. [Model: Magninon] Global Positioning System (GPS) for recording location of species detection records. Location: LLAS03: Active Search/Recording Location ; 55 H (GDA//UTM) LLAS03b: Active Search/Recording Location ; 55 H (GDA//UTM) See Results Figure 2-3. LLAS03 (Powerful & Sooty Owl detection) for further details. Note: times detailed in this section are approximate. Method used: 1. Surveyors were present at LLAS03 on the 31th August 2014, at 18:10, at the above location within the Kuark Forest Block and within VicForests scheduled logging coupe Surveyors listened on dusk for the presence of Large Forest Owls from approximately 18:10 to 18: At 18:48 Sooty Owl territorial screams ( bomb-drops ) were heard approximately 300 and 300m from the surveyors location (LLAS03). 4. Further Sooty owl calls were heard shortly after from 40, 60 and 70 at a distance of approximately 300, 400, and 500m respectively. 5. From 19:20 Powerful Owl prerecorded calls were played for 2 minutes from LLAS03b followed by a period of 2 minutes silence. 6. Powerful Owl Territorial calls were heard from approximately 0 and 300m from LLAS03b. 7. From LLAS03 surveyors continued to observe aurally Powerful Owl Territorial calls from approximately 0 and 300m and a short, feint audio recording of the Powerful Owl call was obtained before the Powerful Owl ceased calling. 8. These Sooty Owl and Powerful Owl aural detections are further detailed in this reports Results sections below. 6/17

7 Results(1-3) Figures 1(a-d)., Table 1. and Figures This investigation detected the Sooty Owl and Powerful Owl within and/or adjacent to VicForests scheduled (and/or commenced) logging coupes , , and Results Figure 1(a) and Figure 1(c) each show a detail of photographs captured of each of the Sooty Owl and Powerful Owl individuals observed within this investigation. 3. Figure 1(b) and Figure 1(d) created in Song Scope 4.1.3A 1 are screen captures of a selection of one each of the active search-hand held recording audio detections for each of the Sooty Owl and Powerful Owl species. Each image shows the spectrographic visualisation of each call. That is, the recorded frequency of each Owl vocalisation presented over time. Results Table 1. Larissa Lane Summary of Large Forest Owl detections (below) summarises each of the Owl detections obtained within this investigation and shows details of the detection date, location, time, species, type, direction and distance and additional notes. Results Figures 2-3. (below) displays the recording locations for each of the Active Search sessions and the Incidental Encounter / Powerful Owl Roost location, as well as the relevant VicForests scheduled logging coupe extents, nearby Forest Management Zoning, and other basic features. 6. NOTE: Figure 3. below, displaying satellite imagery, does not show those parts of coupes , , which have already been logged. 7. These areas include, roughly (as at August 2014), the South-Eastern portions of coupe , parts of the two main spurs leading from the west within coupe , and an Eastern(central) section of coupe where it borders coupe See: 7/17

8 Results 1 - Figures 1(a-b). Figure 1(a). Sooty Owl; Active search; Digital Photograph (detail); 30 August 2014; 55 H Figure 1(b). Sooty Owl (trilling call); Active search; Hand-held Recording; 30 August 2014; 55 H /17

9 Results 1 - Figures 1(c-d). Figure 1(c). Powerful Owl; Active search; Digital Photograph (detail); 31 August 2014; 55 H * Figure 1(d). Powerful Owl (territorial call); Active search; Hand-held Recording; 31 August 2014; 55 H /17

10 Results 2 - Table 1. Table 1. Larissa Lane Summary of Large Forest Owl detections Legend Locations Species Surveyed/Encountered ID GDA 94 / UTM Common Name Taxonomic Name Ninox strenua 55 H Powerful Owl LL-Listen H Sooty Owl Tyto tenebricosa Tyto novaehollandiae LLAS02 55 H Masked Owl LLAS03 55 H Southern Boobook Owl Ninox novaeseelandiae LLAS03b 55 H Yellow-bellied Glider Petaurus australis LLPOIE01* 55 H * Australian Owlet Nightjar Aegotheles cristatus Abbreviation PO MO SBB YBG AOJ *approximate location projected f rom surv ey ors position Sooty Owl; Detection locations #1 and #2 Date Location Time Species 18:11 19:02 19:10 19:16 SBB 19:20 19:25 19:27 19:30 19:31 19:42 19:45 20:20 20:20 LL-Listen-02 21:53 LL-Listen-02 21:55 Detection Type Direction Distance LISTENING/~RECORDING START PO call playback/listen (2mins) PO call playback/listen (2mins) 250 ~300m call playback/listen (4mins) 260 ~200m m 50m m 180 call playback/listen (1 min) Visual m 50m 160 Visual m 250 ~300m 250 ~300m Powerful Owl Roost; Detection location #3 Date Location Time Species LLPOIE01* 15:40 PO Detection Type Visual Direction - Distance - Notes SBB Territorial Bomb drop Trilling Trilling Trilling Bomb drop Bomb drop Bomb drop Notes - Powerful Owl and Sooty Owl; Detection location #4 Date Location Time Species Detection Type Direction Distance Notes LLAS03 18:10 LISTENING START LLAS03 18: ~300m Bomb drop LLAS03 18:50 ~400m 2x Bomb drop 40 LLAS03 18:53 60 ~500m 2x Bomb drop LLAS03 18:56 70 ~600m 2x Bomb drop LLAS03b 19:20 PO call playback/listen (2mins) LLAS03b 19:25 PO 0 ~300m PO Territorial LLAS03 19:27 PO 0 ~300m PO Territorial LLAS03/03b SBB, YBG and AOJ calling throughout from various locations 10/17

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13 Discussion/Conclusion/Recommendations (legislation considered) This section considers the management activities listed in the the following documents including the excerpts reproduced below: POWERFUL OWL Compiled from: Flora and Fauna Guarantee Act (1998) Action Statement #92 Powerful Owl Ninox strenua, Department of Sustainability and Environment, Victoria, East Melbourne, 2004, p. 6-7 Intended Management Actions Protection in State Forest 3. Protection in State forest will generally follow two protocols: where clear-fell harvesting is used, areas of SPZ and/or SMZ will be designated for owl protection;... In State forests, the requirements of this Action Statement will be implemented through the development of forest management plans to ensure effective integration of owl conservation measures with other forest values and uses. The Powerful Owl conservation strategies established in existing plans are generally consistent with this Action Statement and will be maintained until the plans are reviewed. Where clear-fell harvesting (NRE 1996a) is used, delineate and protect a core area of suitable habitat of at least 500ha (dependent on habitat type) as SPZ within a 3.5km radius (approx area of 3 800ha) for each POMA. Suitable habitat is areas dominated by old trees and areas likely to support high densities of prey species. Where forest stand characteristics may limit the adequacy of the core SPZ, additional habitat of up to 500ha of SPZ and/or SMZ should be maintained within the same 3.5km radius. The size of the core SPZ and any additional habitat requirements will be determined by assessment of the suitability of both existing forest habitat and regrowth forest in relation to prey densities.... Unless otherwise protected, all confirmed nesting and roosting sites will be protected by a 3ha SPZ around the site and a m radius (or equivalent linear area) SMZ buffers around identified localities. Outside of POMAs, habitat for foraging is provided in areas excluded from timber harvesting by general prescription including wildlife corridors, steep areas and unmerchantable areas and areas protected for other management purposes., p.5 OTY OWL Compiled from: Flora and Fauna Guarantee Act (1998) Action Statement #117 Sooty Owl Tyto tenebricosa, Department of Sustainability and Environment, The State of Victoria, East Melbourne, 2003, p. 4-5 Intended Management Actions Protection in State Forest 3. Sooty Owl Management Areas (MAs): Where clear-fell or seed-tree systems are used, each MA will comprise 500ha of forest to be managed as a Special Protection Zone (SPZ). For MAs based on specific records (rather than habitat-modelling), the SPZs will fall within a 3.5km radius (approximately ha) of the record. The 500ha will be bounded by recognisable features, preferably natural, such as ridgelines; sub-catchments or groups of sub-catchments will be ideal. The 500ha will maximise habitats known to be used by the Sooty Owl, such as forest in headwaters; old-growth forest in gullies; forest with a diversity of preferred EVCs; forest of the preferred growth stages, such as Mixed Senescent-Mature, otherwise Mature or Mixed Senescent-Mature-Regrowth; forest with large and/or dead hollow-bearing trees; forest with abundant Silver Wattle, Tree-ferns and Blanketleaf; and forest in deep gullies. The MAs should avoid extensive areas of forest known to be less suitable, forest <28 m tall, treeless areas, regrowth forest or any of the dry EVCs., p.5 5 "All confirmed nesting and roosting sites utilised recently and frequently (based on reliable observation or physical evidence such as pellets or wash) located outside MAs will be protected by a 3ha SPZ around the site and a m radius (or equivalent linear area) SMZ buffers around identified localities, unless they are already protected. In these cases, habitat for foraging is provided in areas excluded from timber harvesting by general prescription including wildlife corridors, steep areas and unmerchantable areas and areas protected for other management purposes., p.5 13/17

14 POWERFUL AND OTY OWLS Compiled from: Forest Management Plan for the East Gippsland Forest Management Area (Chapter 3, Biodiversity Conservation), Department of Conservation and Natural Resources, East Melbourne, 1995, p.30 CONSERVATION GUIDELINE Birds Powerful and Sooty Owls. Good-quality habitat to support at least 100 pairs of each species will be maintained in the FMA. The target of 100 pairs will be apportioned to Geographic Representation Units, according to the amount of suitable habitat in each unit (see Appendix J). Conservation reserves and State forest will both contribute to conservation of owl habitat. Areas that count towards meeting the target include: known owl localities in conservation reserves; parts of the SPZ and SMZ designed around known owl localities in State forest; and a conservative estimate of the extent of habitat in conservation reserves, or in larger parts of the SPZ and SMZ (based on other features such as old-growth forest). Good quality habitat for a pair of each species is defined as follows (the home ranges of different species can overlap): Powerful Owl habitat - approximately 800 ha of forest which is dominated by old trees This species occupies a wide range of forest types, but areas with high populations of possums and gliders are favoured. Where the SPZ or SMZ is based on a known owl locality the 800 ha is to be located within a 1500 ha area of forest that includes the detection site. Sooty Owl habitat - approximately 500 ha of forest dominated by old trees and generally comprising Lowland, Damp and Riparian Forest, and Warm Temperate Rainforest. Where the SPZ or SMZ is based on a known owl locality the 500 ha is to be located within a 1000 ha area that includes the detection site. All known nesting sites will be protected as for diurnal raptors. Once sufficient habitat for 100 pairs is being managed for owl conservation, new owl records may be used to adjust the zoning scheme (see Chapter 8). Diurnal raptors, All known nest sites will be included in Special Management Sites with a 250-m radius around the site. Timber harvesting, road construction and fuel-reduction burning will be avoided in this area during the breeding season. At other times harvesting and road construction will be permitted to within 100m of nest trees. Visitors will be discouraged and sites will not be publiscised., p.31 POWERFUL AND OTY OWLS From: Code of Practice for Timber Production (Section 2.2.2), Victorian Government Department of Sustainability and Environment, 2007, pp. 22, Conservation of Biodiversity... Mandatory Actions To facilitate the protection of biodiversity values, the following matters must be addressed when developing and reviewing plans and must be adhered to during operations: application of the precautionary principle to the conservation of biodiversity values, consistent with monitoring and research to improve understanding of the effects of forest management on forest ecology and conservation values... providing appropriate undisturbed buffer areas around significant habitats;... modifying coupe size and dispersal in the landscape, and rotation periods, as appropriate. [See also the Code of Practice for Timber Production's definition of the precautionary principle contained within its Glossary and reproduced above within this reports Method section.] 14/17

15 Discussion/Conclusion/Recommendations (summary/analysis) Powerful and Sooty Owl Detections, the Precautionary Principle and Roost/Nest Sites 1. Each of the Powerful and Sooty Owls are listed as 'threatened' under the Flora and Fauna Guarantee Act (1998). 2. In Osborne J, [2010] VSC 335, Judgement in Environment East Gippsland Inc v s VicForests, Supreme Court of Victoria found that the precautionary principle required surveys to be undertaken prior to logging (and prior to the recommencement of logging) for these other forest dependent species similarly threatened like the Powerful and Sooty Owls: the Giant Burrowing Frog, Large Brown Tree Frog and Spot-tailed Quoll: [777] In summary, logging at Brown Mountain should be restrained because: (a) SMZ and retained habitat protection has not been provided in accordance with the relevant FFGAS following the detections of the Long-footed Potoroo in coupes 15, 19 and 26; (b) the precautionary principle requires surveys to be undertaken to ascertain the presence or otherwise of the Giant Burrowing Frog and the Large Brown Tree Frog within the Brown Mountain coupes in circumstances where they are threatened species, their presence is probable and adequate surveys have not been carried out; (c) the precautionary principle requires the completion of the current review of management area reserves created under the East Gippsland FMP in respect of the habitat of the Powerful Owl and the Sooty Owl in circumstances where the current management areas comprise in part modeled habitat in which neither owl species has been detected; (d) the precautionary principle requires surveys to be undertaken to ascertain the presence or absence of the Spot-tailed Quoll within the Brown Mountain coupes in circumstances where it is threatened with extinction, the coupes comprise optimal habitat, adequate surveys have not been carried out, and the system of reserves providing protected habitat for the Spot-tailed Quoll is currently under review. If the Spot-tailed Quoll is detected, the precautionary principle requires this review to be completed; (e) the provisions of the FMP have not been complied with and require the creation of a reserve of approximately 100 hectares consequent upon the detection of exceptional levels of Greater Gliders and Yellow-bellied Gliders within the coupes.2 [Emphasised portions added and relied upon for analysis and recommendations] 3. Powerful and Sooty Owl individuals were aurally recorded within and/or adjacent to scheduled logging coupes , , and in the Kuark forest block of East Gippsland. 4. The location of the Powerful and Sooty Owl detections are further detailed in this reports Method and Results sections and as shown on the Maps (Figure 2-3.) on the preceding pages. 5. Powerful and Sooty Owl individuals were detected within this survey as present within or nearby to VicForests scheduled logging coupe , , and within the first hour after dark on the 30 August 2014 and/or 31 August Osborne J, [2010] VSC 335, Judgement in Environment East Gippsland Inc v s VicForests, Supreme Court of Victoria, Melbourne, 11 August 2010, Paragraph /17

16 6. The presence of the Powerful and Sooty Owls calling immediately on or very shortly after dark indicates that these two species may be using the forest within or adjacent to the area scheduled to be logged by VicForests for their roosting or nesting purposes. 7. Indeed, the Powerful Owl incidentally encountered on 31 August 2014 was roosting within/between coupes and Under each of the Flora and Fauna Guarantee Act (1998) Action Statement #92 for the Powerful Owl, Flora and Fauna Guarantee Act (1998) Action Statement #117 for the Sooty Owl, and/or the Forest Management Plan for the East Gippsland Forest Management Area (Chapter 3, Biodiversity Conservation), Powerful Owl and Sooty Owl Roost and Nest sites must be managed by: (a) a 100m and/or 3ha Special Protection Zone around the site. (b) a m Special Management Zone around the site. 9. VicForests must not log coupes and without enacting (as a minimum) the measures required by the relevant sections of the Flora and Fauna Guarantee Act (1998) Action Statement #92 for the Powerful Owl, Flora and Fauna Guarantee Act (1998) Action Statement #117 for the Sooty Owl, and the Forest Management Plan for the East Gippsland Forest Management Area (Chapter 3, Biodiversity Conservation) as summarised within this report's Method (Analysis/Recommendations) sections. 10. In addition, VicForests must not log coupes , , and without causing appropriate presence/absence surveys undertaken by appropriately qualified surveyors for Powerful and Sooty Owl roost and/or nest sites within the area of these coupes, and all forest areas within 300m from the coupe's boundaries, to be completed. 11. If any additional Powerful and/or Sooty Owl roost and/or nest sites are discovered, logging must not proceed within coupes , , and without enacting the management actions detailed above. 12. If the following has not occured: the completion of the current review of management area reserves created under the East Gippsland FMP in respect of the habitat of the Powerful Owl... the Sooty Owl in circumstances where the current management areas comprise in part modeled habitat in which [the Powerful and Sooty Owls have not] been detected (or alternatively, where the current reserves for the Owls established under the FMP have been significantly damaged through disturbances such as the major wildfire of 2014), then the precautionary principle requires that VicForests must not log coupes , , and until such review has been completed. 16/17

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