830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 · larissa lane – kuark forest east...

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Larissa Lane – Kuark Forest East Gippsland 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 POWERFUL AND SOOTY OWL DETECTION REPORT Report on Powerful Owl (Ninox strenua) and Sooty Owl (Tyto tenebricosa) detections within and/or adjacent to VicForests scheduled logging coupes 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 Abstract VicForests scheduled logging coupes 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 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 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004. 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 830-510-0004, 830-510- 0006, 830-510-0008 and 830-509-0004. Logging has occurred within coupes 830-510-0004, 830-510-0006, and 830-510-0008 and it is expected that further logging will occur shortly in one or more of these four coupes. Surveyors Owen Hanson Andrew Lincoln Author Andrew Lincoln Fauna and Flora Research Collective Inc. Date of Investigation 30/08/2014 & 31/08/2014 Date of report 05/09/2014 140905 - Larissa Lane – Kuark Forest - 830-510-0004/0006/0008 & 830-509-0004 - Powerful & Sooty Owl Detection Report – AL_FFRC 1/17

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Page 1: 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 · Larissa Lane – Kuark Forest East Gippsland 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 POWERFUL AND SOOTY

Larissa Lane – Kuark ForestEast Gippsland

830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004

POWERFUL AND SOOTY OWL DETECTION REPORT

Report on Powerful Owl (Ninox strenua) and Sooty Owl (Tyto tenebricosa) detections within and/or adjacent to VicForests scheduled logging coupes 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004

AbstractVicForests scheduled logging coupes 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 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 EastGippsland 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 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004.

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 SiteLogging is scheduled on VicForests current Timber Release Plan within coupes 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004. Logging has occurred within coupes 830-510-0004, 830-510-0006, and 830-510-0008 and it is expected that further logging will occur shortly in one or more of these four coupes.

SurveyorsOwen HansonAndrew Lincoln

AuthorAndrew LincolnFauna and Flora Research Collective Inc.

Date of Investigation 30/08/2014 & 31/08/2014 Date of report 05/09/2014

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Location details

Within and adjacent to VicForests scheduled logging coupes 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 in the Arte River catchment of the Kuark State Forest, East Gippsland.

Figure A. Detail from: "Approved Timber Release Plan Map – 2013-2016 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.

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Method 1 (Active Search/Call Playback – method used) [30 August 2014]

Active Search/Call Playback [30/08/2014]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:• LLAS01: “Active Search/Recording Location” ; 55 H 654796 5842254 (GDA//UTM)• LL-Listen-02: “Incidental aural encounter” ; 55 H 655393 5841743 (GDA//UTM)• See “Results” Figure 2-3. “LLAS01 & 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 830-510-0006. 2. Audio recording using hand-held audio recorder commenced at this time.3. Forest Owl call play back recordings were played from 19:02. 4. 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 LLAS01: 55 H 654796 5842254 (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 20:30.

15. 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 655393 5841743 (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.

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Method 2 (Incidental encounter– method used) [31 August 2014]

Incidental Encounter [31/08/2014]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 655045 5842500* (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 830-510-0006. 2. 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.

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Method 3 (Active Search/Call Playback – method used) [31 August 2014]

Active Search/Call Playback [31/08/2014]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 655319 5842204 (GDA//UTM)• LLAS03b: “Active Search/Recording Location” ; 55 H 655321 5842160 (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 830-510-0008.

2. Surveyors listened on dusk for the presence of Large Forest Owls from approximately 18:10to 18:47.

3. 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.

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Results(1-3) – Figures 1(a-d)., Table 1. and Figures 2-3

1. This investigation detected the Sooty Owl and Powerful Owl within and/or adjacent to VicForests scheduled (and/or commenced) logging coupes 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004.

Results 1.2. 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 2.4. “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 3.5. “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 830-510-0004, 830-510-0006, 830-510-0008 which have already been logged.

7. These areas include, roughly (as at August 2014), the South-Eastern portions of coupe 830-510-0006, parts of the two main spurs leading from the west within coupe 830-510-0008, andan Eastern(central) section of coupe 830-510-0004 where it borders coupe 830-510-0008.

1 See: http://www.wildlifeacoustics.com/products/song-scope-overview

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Results 1 - Figures 1(a-b).

Figure 1(a). Sooty Owl; Active search; Digital Photograph (detail); 30 August 2014; 55 H 654796 5842254

Figure 1(b). Sooty Owl (trilling call); Active search; Hand-held Recording; 30 August 2014; 55 H 654796 5842254

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Results 1 - Figures 1(c-d).

Figure 1(c). Powerful Owl; Active search; Digital Photograph (detail); 31 August 2014; 55 H 655045 5842500*

Figure 1(d). Powerful Owl (territorial call); Active search; Hand-held Recording; 31 August 2014; 55 H 655319 5842204

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Results 2 - Table 1.

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LegendLocations Species Surveyed/Encountered

ID GDA 94 / UTM Common Name Taxonomic Name AbbreviationLLAS01 55 H 654796 5842254 Powerful Owl PO

LL-Listen-02 55 H 655393 5841743 Sooty Owl SOLLAS02 55 H 655197 5842218 Masked Owl MOLLAS03 55 H 655319 5842204 Southern Boobook Owl SBB

LLAS03b 55 H 655321 5842160 Yellow-bellied Glider YBGLLPOIE01* 55 H 655045 5842500* AOJ

*approximate location projected f rom surv ey ors position

Sooty Owl; Detection locations #1 and #2Date Location Time Species Detection Type Direction Distance Notes

30/08/2014 LLAS01 18:11 LISTENING/~RECORDING START30/08/2014 LLAS01 19:02 PO call playback/listen (2mins)30/08/2014 LLAS01 19:10 PO call playback/listen (2mins)30/08/2014 LLAS01 19:16 SBB Aural ~300m SBB Territorial30/08/2014 LLAS01 19:20 SO call playback/listen (4mins)30/08/2014 LLAS01 19:25 SO Aural ~200m SO “Bomb drop”30/08/2014 LLAS01 19:27 SO Aural 60m SO Trilling30/08/2014 LLAS01 19:30 SO Aural 50m SO Trilling30/08/2014 LLAS01 19:31 SO Aural 60m SO Trilling30/08/2014 LLAS01 19:4230/08/2014 LLAS01 19:45 SO Visual 30m -30/08/2014 LLAS01 20:20 SO Aural 50m SO “Bomb drop”30/08/2014 LLAS01 20:20 SO Visual 50m -30/08/2014 LL-Listen-02 21:53 SO Aural 250° ~300m SO “Bomb drop”30/08/2014 LL-Listen-02 21:55 SO Aural 250° ~300m SO “Bomb drop”

Powerful Owl Roost; Detection location #3Date Location Time Species Detection Type Direction Distance Notes

31/08/2014 LLPOIE01* 15:40 PO Visual - - -

Powerful Owl and Sooty Owl; Detection location #4Date Location Time Species Detection Type Direction Distance Notes

31/08/2014 LLAS03 18:10 LISTENING START31/08/2014 LLAS03 18:48 SO Aural ~300m SO “Bomb drop”31/08/2014 LLAS03 18:50 SO Aural ~400m 2x SO “Bomb drop”31/08/2014 LLAS03 18:53 SO Aural ~500m 2x SO “Bomb drop”31/08/2014 LLAS03 18:56 SO Aural ~600m 2x SO “Bomb drop”31/08/2014 LLAS03b 19:20 PO call playback/listen (2mins)31/08/2014 LLAS03b 19:25 PO Aural ~300m PO Territorial31/08/2014 LLAS03 19:27 PO Aural 0° ~300m PO Territorial31/08/2014 LLAS03/03b SBB, YBG and AOJ calling throughout from various locations

Table 1. Larissa Lane – Summary of Large Forest Owl detections

Ninox strenuaTyto tenebricosaTyto novaehollandiaeNinox novaeseelandiaePetaurus australis

Australian Owlet Nightjar Aegotheles cristatus

250°

260°135°210°180°

SO call playback/listen (1 min)100°160°160°

300°40°60°70°

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Discussion/Conclusion/Recommendations (legislation considered)

This section considers the management activities listed in the the following documents including the excerpts reproduced below:

POWERFUL OWLCompiled from: Flora and Fauna Guarantee Act (1998) Action Statement #92 Powerful Owl Ninox strenua, Departmentof Sustainability and Environment, Victoria, East Melbourne, 2004, p. 6-7

Intended Management ActionsProtection in State Forest3. “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 effectiveintegration 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 250-300m radius (or equivalent linear area) SMZ buffers around identified localities. Outside of POMAs, habitat for foraging is provided in areas excluded from timberharvesting by general prescription including wildlife corridors, steep areas and unmerchantableareas and areas protected for other management purposes.”, p.5

SOOTY OWLCompiled 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 ActionsProtection in State Forest3. “Sooty Owl Management Areas (SOMAs): Where clear-fell or seed-tree systems are used, eachSOMA will comprise 500ha of forest to be managed as a Special Protection Zone (SPZ). For SOMAs based onspecific records (rather than habitat-modelling), the SPZs will fall within a 3.5km radius (approximately 3 800 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 preferredEVCs; 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 SOMAs 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 SOMAs will be protected by a 3ha SPZ around the site and a 250-300m 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

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POWERFUL AND SOOTY OWLSCompiled 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 SOOTY OWLSFrom: Code of Practice for Timber Production (Section 2.2.2), Victorian Government Department of Sustainability and Environment, 2007, pp. 22, 78

“2.2.2 Conservation of Biodiversity ...Mandatory Actions“To facilitate the protection of biodiversity values, the following matters must be addressedwhen 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 forestmanagement 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.]

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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 GreaterGliders 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 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 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 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 within the first hour after dark on the 30 August 2014 and/or 31 August 2014.

2 Osborne J, [2010] VSC 335, Judgement in Environment East Gippsland Inc v’s VicForests, Supreme Court of Victoria, Melbourne, 11 August 2010, Paragraph 777

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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 830-510-0006 and 830-509-0004.

8. 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 250-300m Special Management Zone around the site.

9. VicForests must not log coupes 830-510-0006 and 830-509-0004 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 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 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 830-510-0004, 830-510-0006, 830-510-0008 and830-509-0004 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 830-510-0004, 830-510-0006, 830-510-0008 and 830-509-0004 until such review has been completed.

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