[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Notices]
[Pages 56563-56565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27929]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Species Permit Application; Final
Environmental Impact Statement Availability on the Proposed Issuance of
an Incidental Take Permit for Threatened and Endangered Species on
Lands Managed by the Washington Department of Natural Resources Within
the Range of the Northern Spotted Owl
AGENCIES: Fish and Wildlife Service, Department of the Interior (lead
agency); National Marine Fisheries Service, Commerce.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that the Final Environmental
Impact Statement on the proposed issuance of an incidental take permit
for threatened and endangered species on lands managed by the
Washington Department of Natural Resources (Applicant) is available for
review. The Applicant has applied to the U.S. Fish and Wildlife Service
and the National Marine Fisheries Service (together Services) for an
incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The Applicant has
also requested an unlisted species agreement to cover species which may
occur in the planning area and which may be listed as threatened or
endangered species in the future. The term of the permit would be 70
years, with the possibility of three extensions of 10 years each. The
application has been assigned permit number PRT-812521. This notice is
provided pursuant to section 10(c) of the Act and National
Environmental Policy Act regulations (40 CFR 1506.6).
DATES: Publication of the Record of Decision and issuance of the permit
will occur no sooner December 2, 1996.
ADDRESSES: Individuals wishing copies of the application or
Environmental Impact Statement for review should immediately contact
Chuck Turley, Washington Department of Natural Resources, 1111
Washington Street SE, P.O. Box 47011, Olympia, Washington, 98504-7011
or the U.S. Fish and Wildlife Service, Pacific Northwest Habitat
Conservation Plan Program, 3704 Griffin Lane SE, Suite 102, Olympia,
Washington 98501-2192; (360) 753-9440. Documents will be available for
public inspection by appointment during normal business hours (8 am to
5 pm, Monday through Friday) at the above address.
[[Page 56564]]
FOR FURTHER INFORMATION CONTACT: William Vogel or Craig Hansen, U.S.
Fish and Wildlife Service, or Steve Landino, National Marine Fisheries
Service at the Pacific Northwest Habitat Conservation Plan Program,
3704 Griffin Lane SE, Suite 102, Olympia, Washington 98501-2192; (360)
753-9440.
SUPPLEMENTARY INFORMATION:
Background
Under section 9 of the Act and its implementing regulations,
``taking'' of threatened and endangered species is prohibited. However,
the Services, under limited circumstances, may issue permits to take
threatened or endangered wildlife species if such taking is incidental
to, and not the purpose of, otherwise lawful activities. Regulations
governing permits for threatened and endangered species are in 50 CFR
17.22 and 17.32.
The Applicant has addressed species conservation and ecosystem
management on approximately 1.6 million acres of State-managed land
within the range of the northern spotted owl (Strix occidentalis
caurina) (owl) in Washington. The Applicant is requesting a permit for
the incidental take of the owl, marbled murrelet (Brachyramphus
marmoratus) (murrelet), Oregon silverspot butterfly (Speyeria zerene
hippolyta), Aleutian Canada goose (Branta canadensis leucopareia),
peregrine falcon (Falco peregrinus), bald eagle (Haliaeetus
leucocephalus), gray wolf (Canis lupus), grizzly bear (Ursus arctos)
and the Columbian white-tailed dear (Odocoileus virginianus leucurus)
which may occur as a result of timber harvest and related activities
within the 1.6-million-acre planning area.
The Habitat Conservation Plan is designed to complement the
Northwest Forest Plan, and includes various forms of mitigation which
are integral parts of the Habitat Conservation Plan. The Habitat
Conservation Plan covers nine planning units which occur in three basic
geographic areas: (1) Five planning units in the area west of the
Cascade Crest; (2) three planning units in the area within the range of
the owl east of the Cascade Crest; and (3) the Olympic Experimental
State Forest Planning Unit. Only listed species are addressed east of
the Cascade Crest.
Development of the Final Environmental Impact Statement
In development of this Final Environmental Impact Statement, the
agencies have initiated action to ensure compliance with the purpose
and intent of National Environmental Policy Act, as amended. Scoping
activities were undertaken preparatory to developing the Draft
Environmental Impact Statement. A Notice of Intent to prepare the
Environmental Impact Statement was published in the May 2, 1994,
Federal Register (59 FR 22682). This was followed by a Notice of
Availability of a Draft Environmental Impact Statement and receipt of
an Application for an Incidental Take Permit published in the April 5,
1996, Federal Register (61 FR 15297). Five public meetings were held
during the comment period.
Potential consequences, in terms of adverse impacts and benefits
associated with the implementation of each alternative, were described
in the Draft Environmental Impact Statement. Key issues addressed in
the Draft and Final Environmental Impact Statement are identified as
the effects that implementation of the various alternatives would have
upon: (1) Threatened and endangered species; (2) other wildlife and
their habitats; (3) surrounding and intermingled land uses; (4) other
aspects of the physical and the human environment. Each alternative was
evaluated for its potential to result in significant adverse impacts,
and the adequacy or inadequacy of the proposed measures to avoid,
minimize, and substantially reduce the effects.
Comments from 181 entities (testimony from 41 people, and 174
written comments) were received on the Draft Environmental Impact
Statement. Comments were varied. Topics covered in the comments
included the range of alternatives, length of the comment period,
adequacy of mitigation, credibility of the science relied upon in
developing conservation strategies, adequacy of the impacts analysis,
population viability of the subject species, uncertainty surrounding
alternatives, assurances provided to the applicant, fiduciary
responsibilities to trust beneficiaries by the Applicant, Federal trust
responsibilities to the Tribes, and permit issuance criteria. The Final
Environmental Impact Statement contains summaries of, and responses to,
all comments received during the comment period. Issues and potential
consequences remain constant from the Draft to the Final Environmental
Impact Statement.
Alternatives Analyzed in the Final Environmental Impact Statement
The Draft Environmental Impact Statement considered many
alternatives, but only advanced six for further detailed study.
Alternatives considered but not advanced for detailed analysis ranged
from no harvest to a Habitat Conservation Plan based on State forest-
practices regulations and are discussed in section 2.5 of the Draft
Environmental Impact Statement. Six alternatives were advanced for
detailed analysis.
Three alternatives are presented for the Habitat Conservation Plan
planning units excluding the Olympic Experimental State Forest Planning
Unit: (1) A No-Action alternative; (2) the proposed Habitat
Conservation Plan; and (3) a Habitat Conservation Plan strategy with
enhanced conservation. Three alternatives are presented separately for
the Olympic Experimental State Forest: (1) A No-Action alternative; (2)
a zoned conservation strategy which focuses on owl demographic support,
and maintenance of several existing owl sites and likely landscape
connections; and (3) an unzoned conservation strategy, similar to the
proposed Habitat Conservation Plan for other planning units. The
Olympic Experimental State Forest is addressed separately from the
other planning units because of its unique location on the Olympic
Peninsula, value to fish and wildlife, and current condition of its
forests. This planning unit has provisions for a greater emphasis on
research as part of the mitigation measures for incidental take.
Under the No-action Alternatives, the applicant would avoid the
take of any and all federally listed species and no permit would be
issued. Under the Action Alternatives, the Applicant seeks to obtain an
incidental take permit for owls, murrelets, Oregon silverspot
butterflies, Aleutian Canada Geese, peregrine falcons, bald eagles,
gray wolves, grizzly bears, and Columbian white-tailed deer that may
occur on State lands managed by the Applicant within the Habitat
Conservation Plan area.
Under the Habitat Conservation Plan, the owl conservation strategy
for all planning units, excluding the Olympic Experimental State
Forest, was developed to minimize and mitigate for the incidental take
by providing owl nesting, roosting, and foraging habitat, and dispersal
habitat in areas that complement the Northwest Forest Plan. The amount
and location of this habitat varies between planning units depending
upon the amount of Applicant-managed lands designated as nesting,
roosting, and foraging habitat management areas and the capability of
the land to provide owl habitat. However, the objective is to provide
nesting, roosting, and foraging habitat on 50 percent of Applicant-
managed lands within the nesting, roosting, and
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foraging habitat management areas. Under the enhanced conservation
alternative, the objective is to provide nesting, roosting, and
foraging habitat on 60 percent of Applicant-managed lands within such
areas. Both action alternatives also include areas managed for owl
dispersal habitat.
For owls on the Olympic Experimental State Forest, the proposed
Habitat Conservation Plan takes an ``unzoned approach.'' The goals for
each of 11 landscape-management units include 20 percent of the area as
nesting, roosting, and foraging habitat and another 20 percent which
would also provide roosting and foraging opportunities for owls. The
alternative ``zoned approach'' would use a combination of nest groves,
core areas, range areas, and temporary special pair areas to emphasize
strategically located areas.
The murrelet conservation strategy for the proposed Habitat
Conservation Plan includes provisions to conduct a habitat-relationship
study to determine the type and range of potential murrelet habitat
that is likely to be occupied. After habitat-relationship studies are
completed on a planning unit by planning unit basis, a small percentage
of marginal murrelet habitat will be released for harvest without
surveys. A long-range conservation strategy will be developed in
consultation with the U.S. Fish and Wildlife Service after habitat-
relationship studies are completed and surveys of remaining habitat are
concluded. Under the enhanced conservation strategy, all suitable
murrelet habitat, including marginal habitat, would be retained until
the completion of the long-range conservation strategy. These same
alternatives apply to the Olympic Experimental State Forest as well.
The riparian strategies for both action alternatives were developed
to protect anadromous fish and riparian-obligate species by
establishing riparian management zones, wetland protection areas, and
provisions to address steep and unstable slopes, rain-on-snow event
areas, and road system management. Under the Habitat Conservation Plan,
riparian management zones will be established along all Type 1 through
Type 4 Waters. Type 5 Waters will be protected in areas having a high
risk of mass wasting. These buffers will contain a no-harvest portion
as well as areas where management activity will be allowed. Additional
wind buffers will be placed on Type 1 through Type 3 Waters on the
windward side of the stream where there is a potential for windthrow.
Under the enhanced conservation alternative, riparian management
buffers will be applied to all Type 1 through Type 5 Waters, and wind
buffers will be applied to both sides of Type 1 through Type 3 Waters.
For the Olympic Experimental State Forest, the riparian strategy is
the same for both action alternatives, which includes interior and
exterior core buffers. The interior core buffers are designed to
minimize mass-wasting potential, and protect riparian processes and
function. The exterior core buffers are designed to protect the
integrity of the interior core from damaging winds and will be applied
to both sides of Type 1 through Type 4 Waters, as well as Type 5 Waters
as appropriate.
The Applicant also seeks to obtain an unlisted species agreement
for species that may occur on Washington Department of Natural
Resources managed lands on the west side of the Cascade Crest. The
proposed unlisted species agreement requests that if species currently
using the habitat types in the West Side and Olympic Experimental State
Forest planning units become listed as a threatened or endangered
species in the future, and no extraordinary circumstances exist, the
species would be added to the Incidental Take Permit. Each action
alternative contains provisions to protect the habitat types that occur
on Washington Department of Natural Resources managed lands. For
example, in addition to the conservation provided by the owl, murrelet,
and riparian strategies, additional provisions are included to protect
special habitat types such as caves, talus fields, and large,
structurally unique trees and snags.
The Final Environmental Impact Statement contains minor
modifications to the Environmental Impact Statement and also highlights
changes made to the Habitat Conservation Plan and Implementation
Agreement in response to public comments. Additional information
regarding these changes may be obtained from the Services at the above
addresses.
Author: William O. Vogel, Pacific Northwest Habitat Conservation
Plan Program.
Authority: 16 U.S.C. 1361-1407, 1531-1544, and 4201-4245.
Dated: October 23, 1996.
Thomas J. Dwyer,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 96-27929 Filed 10 31-96; 8:45 am]
BILLING CODE 4310-55-P
