[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57631-57633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27696]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[I.D. 101599H]
Availability of an Environmental Impact Statement and Receipt of
an Application for an Incidental Take Permit for the Crown Pacific,
Ltd., Hamilton Tree Farm Habitat Conservation Plan, Whatcom and Skagit
Counties, Washington
AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic
and Atmospheric Administration, Commerce; Fish and Wildlife Service
(FWS), Interior.
ACTION: Notice of application and availability for public comment.
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SUMMARY: This notice advises the public that Crown Pacific, Ltd., has
submitted an application to FWS and NMFS (together, the Services) for
an Incidental Take Permits (Permits) pursuant to section 10(a)(1)(B) of
the Endangered Species Act of 1973, as amended (ESA). As required by
section 10(a)(2)(B) of the ESA, Crown Pacific has also prepared a
Habitat Conservation Plan (Plan) designed to minimize and mitigate any
such take of endangered or threatened species. The Permit application
is related to forest management and timber harvest, recreational
activities, installation and operation of communication towers, and
military training operations, on approximately 84,689 acres of Crown
Pacific lands located in Whatcom and Skagit counties, Washington. The
proposed Permits would authorize the take of the following endangered
or threatened species incidental to otherwise lawful activities:
northern spotted owl (Strix occidentalis caurina), marbled murrelet
(Brachyramphus marmoratus marmoratus), bald eagle (Haliaeetus
leucocephalus), grizzly bear (Ursus arctos), gray wolf (Canis lupus),
and chinook salmon (Oncorhynchus tshawytscha). Crown Pacific is also
seeking coverage for 22 currently unlisted species of concern
(including anadromous and resident fish) under specific provisions of
the Permits, should these species be listed in the future. One of
these, the coastal-Puget Sound population of the bull trout (Salvelinus
confluentus), is currently in the final stages of the listing process.
A determination will soon be made as to whether the bull trout will be
listed as threatened. The duration of the proposed Permits and Plan is
100 years.
The Permit application includes: (1) the proposed Plan; and, (2)
the proposed Implementing Agreement. The Services also announce the
availability of a draft Environmental Impact Statement (EIS) for the
Permit application.
This notice is provided pursuant to section 10(a) of the ESA, and
National Environmental Policy Act (NEPA) regulations. The Services are
furnishing this notice in order to allow other agencies and the public
an opportunity to review and comment on these documents. All comments
received will become part of the public record and will be available
for review pursuant to section 10(c) of the ESA.
DATES: Written comments on the permit application, EIS, Plan, and
[[Page 57632]]
Implementing Agreement must be received from interested parties no
later than December 27, 1999.
ADDRESSES: Comments and requests for information should be directed to
Brian Bogaczyk, Project Biologist, FWS, 510 Desmond Drive, SE., Suite
102, Lacey, Washington, 98503-1273, (telephone: (360)753-5824;
facsimile: (360)534-9331), and Matt Longenbaugh, Project Biologist,
NMFS, 510 Desmond Drive, SE., Suite 103, Lacey, Washington, 98503-1273
(telephone: (360)753-7761; facsimile: (360)753-9517). Comments and
materials received will also be available for public inspection, by
appointment, during normal business hours by calling (360)534-9330.
Requests for documents on CD ROM should be made by calling FWS at
(360)534-9330. Hard bound copies are also available for viewing, or
partial or complete duplication, at the following libraries: Sedro-
Woolley Public Library, 802 Ball Street, Sedro Woolley, WA, (360)855-
1166; Bellingham Public Library, Reference Desk, 210 Central Avenue,
Bellingham, WA, (360)676-6860; Seattle Public Library, Government
Publications Desk, 1000 4th Avenue, Seattle, WA, (260)386-4636; and,
Olympia Timberland Library, Reference Desk, 313 8th Avenue SE, Olympia,
WA, (360)352-0595. The documents are also available electronically on
the World Wide Web at http://www.r1.fws.gov/.
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibit the taking of a species listed as endangered or threatened.
The term take is defined under the ESA to mean harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in any such conduct. Harm has been defined by FWS to include
``significant habitat modification or degradation where it actually
kills or injures wildlife by significantly impairing essential
behavioral patterns, including breeding, feeding, and sheltering.''
NMFS' proposed definition of harm includes ``significant habitat
modification or degradation where it actually kills or injures fish or
wildlife by significantly impairing essential behavioral patterns,
including breeding, spawning, rearing, feeding, and sheltering.''
The Services may issue permits, under limited circumstances, to
take listed species incidental to, and not the purpose of, otherwise
lawful activities. FWS regulations governing permits for endangered
species are promulgated in 50 CFR 17.22; and, regulations governing
permits for threatened species are promulgated in 50 CFR 17.32. NMFS
regulations governing permits for threatened and endangered species are
promulgated at 50 CFR 222.307.
Background
Crown Pacific, Ltd., owns and manages the Hamilton Tree Farm,
located in Whatcom and Skagit Counties, Washington. The Tree Farm is
composed of several parcels, totaling 84,689 acres, and is located
north and south of State Highway 20, roughly between Sedro-Woolley and
Marblemount, Washington. Management activities on the tree farm include
forest management and timber harvest. A portion of the proposed Plan
area, Arlecho Creek, a 2,246-acre basin, is in the process of being
transferred to the Nature Conservancy and the Lummi Indian Nation, with
the understanding that the property will be managed as a natural/
cultural area. The transfer is expected to be completed in late 1999.
Some forest management and timber harvest activities have the
potential to impact species subject to protection under the ESA.
Section 10 of the ESA contains provisions for the issuance of
Incidental Take Permits (Permits) to non-Federal land owners for the
take of endangered and threatened species, provided the take is
incidental to otherwise lawful activities, and will not appreciably
reduce the likelihood of the survival and recovery of the species in
the wild. In addition, the applicant must prepare and submit to the
Services for approval, a Habitat Conservation Plan (Plan) containing a
strategy for minimizing and mitigating all take associated with the
proposed activities to the maximum extent practicable. The applicant
must also ensure that adequate funding for the Plan will be provided.
Crown Pacific has developed a Plan with technical assistance from
the Services, to obtain Permits for their activities on the Hamilton
Tree Farm. Activities proposed for Permit coverage include the
following: harvest of trees; silvicultural treatments; site
preparation; tree planting; timberland inventory and monitoring;
construction, maintenance, and use of logging roads and landings;
quarrying stone and gravel; communication sites; recreation activities;
fire prevention and suppression; habitat restoration; use of low-flying
aircraft; tribal access; and, military training operations. The Permits
and Plan would also cover certain monitoring activities and related
scientific experiments in the Plan area. The duration of the proposed
Permits and Plan is 100 years.
The Services formally initiated an environmental review of the
project through a Federal Register notice on August 20, 1998 (63 FR
44634), which announced a 30-day public scoping period. A second
Federal Register notice was published following the scoping period on
February 5, 1999 (64 FR 5775), announcing the decision to prepare an
EIS. Following this announcement a draft EIS was prepared.
Under Alternative A, the No Action Alternative, no Permit would be
issued and take would be avoided for any and all threatened and
endangered species on the property. Alternative B, the Proposed Action
Alternative, involves issuing Permits for seven threatened and
endangered species on the property (bald eagle, marbled murrelet,
northern spotted owl, grizzly bear, gray wolf, and Puget Sound chinook
salmon), with provisions for 22 unlisted species. The Plan details
minimization and mitigation measures for the same six threatened and
endangered species and 22 unlisted species. Alternative C, the Late-
Successional Dependent Species and Anadromous Fish Alternative,
involves issuing Permits for northern spotted owl, marbled murrelet,
and chinook salmon, with provisions for 7 unlisted fish species. The
Plan would have minimization and mitigation measures for northern
spotted owl, marbled murrelet, and chinook salmon, and 7 unlisted fish
species.
Alternatives considered during scoping but which were not analyzed
in detail included a Candidate Conservation Agreement (CCA)
Alternative, and a Northwest Forest Plan (NFP) Alternative. The CCA
Alternative, would have involved developing and implementing a CCA with
minimization and mitigation measures for a discreet list of species
that are candidates for listing as threatened or endangered, or are
expected to be candidates in the near future (specifically anadromous
salmonids and bull trout), and take avoidance for any and all
threatened and endangered species on the property. This alternative was
not analyzed in detail because Crown Pacific included listed species in
their proposal, as well as other unlisted species for which listing is
not anticipated in the near future. This eliminates the implementation
of a CCA as a management tool, because, by definition, the targets of
CCAs are proposed and candidate species of fish, wildlife, and plants;
and species likely to become candidate species in the near future (64
FR 32706, June 17, 1999). The NFP Alternative, would have involved
issuing a Permit for all threatened and endangered species that occur
on the property and developing a Plan with
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mitigation measures similar to those found in the NFP. This alternative
was not analyzed in detail because it would result in excessive direct
and indirect costs to Crown Pacific. These excessive costs do not meet
the purpose in this Federal action, which is to provide protection and
conservation to listed and proposed species and their habitats to the
extent intended under 10(a)(1)(B) of the ESA, while allowing Crown
Pacific to fulfill its forest management and timber harvest mission in
a practical manner.
The No Action, Proposed Action, Late-Successional Dependent Species
and Anadromous Fish alternatives are analyzed in detail in the draft
EIS. The CCA Alternative and NFP Alternative were dismissed from
detailed analysis.
This notice is provided pursuant to section 10(a) of the ESA, and
NEPA regulations. The Services will evaluate the application,
associated documents, and comments submitted thereon to determine
whether the application meets the requirements of the ESA and NEPA. If
it is determined that the requirements are met, Permits will be issued
for the incidental take of listed species. The final permit decision
will be made no sooner than 60 days from the date of this notice.
Dated: October 8, 1999.
Donald Weathers,
Regional Director, Fish and Wildlife Service, Region 1, Portland,
Oregon.
Dated: October 19, 1999.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 99-27696 Filed 10-25-99; 8:45 am]
BILLING CODE 3510-22-F, 4310-55-F
