[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Notices]
[Pages 71148-71150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34093]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for Boise Cascade Timber
Company, Clatsop County, Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of application.
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SUMMARY: This notice advises the public that the Boise Cascade
Corporation (applicant) has applied to the Fish and Wildlife Service
(Service) for an incidental take permit pursuant to section 10(a)(1)(B)
of the Endangered Species Act of 1973, as amended (Act). The
application has been assigned permit number TE005227-0. The proposed
permit would authorize the incidental take, resulting from habitat
modification, of the northern spotted owl (Strix occidentalis caurina),
federally listed as threatened. The permit would be in effect for one
year and would cover 65 acres.
The Service announces the receipt of the applicant's incidental
take permit application and the availability of the proposed Boise
Cascade Walker Creek Unit Habitat Conservation Plan (Plan) and draft
Implementation Agreement, which accompany the incidental take permit
application, for public comment. The Plan describes the proposed
project and the measures the applicant is willing to undertake to
mitigate for project impacts to the owl. These measures and associated
impacts are also described in the background and summary information
that follow. An environmental assessment on the permit application will
be prepared and will be made available for public review.
DATES: Written comments on the permit application, Plan, and
Implementation Agreement should be received on or before January 22,
1999.
ADDRESSES: Individuals wishing copies of the permit application or
copies of the full text of the Plan should immediately contact the
office and personnel listed below. Documents also will be available for
public inspection, by appointment, during normal business hours at the
address below. Comments regarding the permit application, Draft
Implementation Agreement or the Plan should be addressed to State
Supervisor, Fish and Wildlife Service, Oregon State Office, 2600 S.E.
98th Avenue, Suite 100, Portland, Oregon 97266. Please refer to permit
number TE005227-0 when submitting comments.
[[Page 71149]]
FOR FURTHER INFORMATION CONTACT: Mr. Rich Szlemp, Fish and Wildlife
Service, Oregon State Office, telephone (503) 231-6179.
SUPPLEMENTARY INFORMATION: Under Section 9 of the Act and applicable
federal regulations, the ``taking'' of a species listed as endangered
or threatened is generally prohibited. However, the Service, under
limited circumstances, may issue permits to ``incidentally take''
listed species, which is take that is incidental to, and not the
purpose of, otherwise lawful activities. Regulations governing permits
for threatened species are promulgated in 50 CFR 17.32. Regulations
governing permits for endangered species are promulgated in 50 CFR
17.22.
Summary of the Plan
Boise Cascade is proposing to harvest approximately 50 acres of
mature and old growth forest from a 65-acre parcel of land. The
surrounding ownership consists of Oregon Department of Forestry land
and lands owned by the Agency Creek Management Company. The Boise
Cascade property contains two nest trees that were occupied by a pair
of northern spotted owls between 1990 and 1996. Other listed species
may also be affected by the proposed Plan. Coho salmon (Oncorhynchus
kisutch) are found in Walker Creek in the Plan area. No surveys have
been conducted for marbled murrelets (Brachyramphus marmoratus) or bald
eagles (Haliaeeus leucocephalus), but the Plan area does contain
potential suitable nesting platforms for marbled murrelets and contains
suitable bald eagle habitat.
The Boise Cascade Plan area contains the best northern spotted owl
nesting habitat in the northern portion of the Oregon Coast Range. Most
of the surrounding land has been logged or contains younger stands of
timber that do not provide as high quality of nesting habitat as the
Boise Cascade Plan area. Boise Cascade is proposing to have all harvest
completed by March 1, 1999.
The Boise Cascade Plan contains two alternatives: a preferred
alternative and no action. Under their preferred alternative, Boise
Cascade would harvest 50 acres of mature and old growth timber in the
Plan area to the extent allowed by the Oregon Forest Practices Act
Rules. Under the no action alternative, the subject timber would be
left standing to provide northern spotted owl habitat. Boise Cascade
rejected the no action alternative because it believes it would deny
the company all economically productive use of the subject timber.
The Boise Cascade Plan proposes the following minimization and
mitigation measures:
a. Conduct harvest activities outside of the nesting season for the
spotted owl and the marbled murrelet (March 1--September 15), except
for road building.
b. Douglas-fir, Sitka spruce, western red cedar, and/or western
hemlock would be replanted over the harvest units. In accordance with
Oregon Forest Practices Act Rules, this planting would take place
within 12 months after completion of harvest.
c. Meet current Oregon Forest Practices Act Rules with regard to
management of riparian areas.
d. Meet the current Oregon Forest Practices Act Rules to leave
trees standing and unharvested until they have fallen to the ground and
rotted away, all snags and standing dead trees except when they pose a
safety hazard for the logging operation.
Summary of Service's Concerns and Recommendations
The Service received the Plan and application on November 12, 1998.
On November 20, 1998, the Service advised Boise Cascade of procedural
requirements for processing an incidental take permit application and
informed the company that the Plan raised issues regarding whether the
proposed minimization and mitigation measures were adequate to meet the
statutory issuance criteria. Service employees visited the Plan area on
December 2, 1998, to assess existing habitat conditions and to evaluate
additional options to minimize and mitigate impacts to spotted owls. On
December 9, the Service suggested other options that may be practicable
for Boise Cascade to implement. On December 10, Boise Cascade informed
the Service that it is not interested in any alternative minimization
or mitigation measures.
The Service continues to have concerns whether the proposed
minimization and mitigation measures would meet the statutory
requirement that a permittee minimize and mitigate the impacts of the
taking to the maximum extent practicable. The public may wish to
provide comments on the mitigation measures proposed by Boise Cascade
as well as other alternative mitigation options which may be
practicable.
As stated in the Plan, impacts from the proposed logging would
likely make it impossible for a pair of northern spotted owls to nest
on the subject property. The Boise Cascade Plan would leave a 100-foot
riparian buffer along Walker Creek and an unknown distribution of
approximately 100 trees at least 11-inches in diameter within the unit.
The Service does not know whether any potentially suitable spotted owl
nest trees would remain, including the two known nest trees. Based upon
this information, the value of the site to provide habitat for owls
post-harvest is difficult to accurately assess since the distribution
and size classes of live and dead trees that will remain standing is
not clear. However, the Service believes that the proposed harvest
would diminish or eliminate the value of the site to spotted owls for
foraging and roosting, especially in the short term. Except for some
potential clumping of trees, and the riparian buffer areas, the
remaining landscape would consist of a very open canopy that would not
be conducive to owl nesting, roosting, or foraging. The proposed leave
trees, especially if they are widely scattered, would provide limited
habitat value to red-backed voles, red tree voles, and flying
squirrels, which are important spotted owl prey items. Any use of the
Walker Creek unit post-harvest by spotted owls would potentially make
them more vulnerable to predation by barred owls and great-horned owls,
which are more aggressive and generally more adaptable to a variety of
habitat conditions and prey items.
The Service's site visit and review of available data indicate that
other practicable minimization and mitigation measures may exist. While
alternative plans based on these measures would not maintain current
suitable spotted owl nesting habitat, they would provide the basis for
reducing the net long-term adverse effects to owls by allowing for the
regeneration of suitable nesting habitat conditions within a shorter
time period than would result from the proposed harvest. These
alternatives would also provide increased opportunities for owl
foraging and roosting immediately after the timber harvest, which would
minimize and mitigate the incidental take of owls. For example,
retaining clumps of larger trees is more likely to provide potential
roost sites, habitat for spotted owl prey items, and protective cover
from spotted owl predators.
While the proposed harvest unit is relatively small, it does
contain many old growth trees and large snags that generally serve as
part of the foundation for suitable, productive spotted owl habitat.
The 65-acre Boise Cascade ownership borders the Clatsop State Forest.
The Tillamook State Forest is also nearby. The relatively few spotted
owl nest sites or activity centers within the North Coast region of
Oregon are concentrated on State Forest lands
[[Page 71150]]
within a 10-15 mile radius of the Walker Creek unit. This somewhat
isolated cluster of spotted owl sites is reflective of the lack of
suitable nesting habitat available in the region. The suitable spotted
owl nesting habitat in the Walker Creek unit serves to support this
cluster of owl sites. Additional erosion of suitable habitat,
especially nesting quality habitat, would weaken the ability of this
area to retain a population of reproducing spotted owls, and weaken the
ability of spotted owls in this cluster to produce offspring that may
be able to disperse to any available habitat in or outside the area.
Alternative plans the Service suggested, would minimize and mitigate
owl take at the Walker Creek site by maintaining older forest
structural features that could contribute to maintenance of spotted
owls in the area, particularly in the long term. Alternative mitigation
options suggested by the Service, which Boise Cascade has stated that
it is not interested in pursuing at this time, include:
1. Restricting harvest-related activities, including road building,
to times outside of the spotted owl's breeding season (March 1-
September 15).
2. Retaining old growth and mature trees to meet the Oregon Forest
Practices Act requirements in a scattered distribution with allowances
for blow-down and, retaining the standing dead and down timber that
could be safely retained.
3. Retaining a mixture of only old growth and mature trees to meet
the Oregon Forest Practices Act Rules leave tree requirement in clumped
distributions.
4. Retaining eight green trees per acre greater than 20 inches dbh,
including three trees greater than 32 inches dbh per acre.
Additionally, retaining three snags per acre of the largest size class
available. Where snags are not available, green trees of the largest
size class available would be substituted on a 2:1 basis. Seventy
percent of the retained trees should be in clumps of at least 0.5 acres
in size. The remainder would be dispersed or in clumps smaller than 0.5
acres. A minimum of 15 percent of the harvest unit area (7.5 acres)
would be retained. Trees in riparian management areas would not be
counted towards meeting the above retention objectives.
5. Retaining clumps of trees of a few acres in which no harvest
would occur that include multiple old-growth trees that would serve as
the foundation for future suitable spotted owl nesting habitat. This
would include retaining the two old growth trees that contained
previous spotted owl nests.
6. Retaining old growth and mature trees in a clump around the
known spotted owl nest trees, and scattering the remaining old growth
and mature leave trees to meet Oregon Forest Practices Act Rules with
allowances for blow-down.
The Service also has identified issues regarding some of the
language in the proposed Implementation Agreement. These issues
include, but are not limited to, the following. First, it is unclear
why the company proposes to have the National Marine Fisheries Service
as a signatory when it has not applied for a permit for coho. Second,
paragraph 1.1 does not fully represent the court's reasoning in issuing
the injunction enjoining the company from logging this unit. Third,
paragraph 1.7 characterizes the requested permit as covering owls that
``formerly nested on the Walker Creek Unit and those that might reside
there in the future'' although the requested duration of the permit is
for only one year. Fourth, paragraph 1.9 states that the purpose of the
Implementation Agreement is to ``obtain approval'' of the Plan and
permit; however, the principal purpose of an Implementation Agreement
is to provide adequate assurances that a Plan and permit would be
implemented. Fifth, neither the Plan nor the Implementation Agreement
address whether the mitigation would be completed within the one-year
requested permit length, or discuss changed circumstances that may
affect the mitigation and that can reasonably be anticipated by plan
developers. See 50 CFR Secs. 17.3 and 17.22. The public may wish to
comment on these or other issues related to the Implementation
Agreement.
This notice is provided pursuant to section 10(c) of the Act. The
Service will evaluate the permit application, Plan, Implementation
Agreement, and comments submitted thereon to determine whether the
application meets the requirements of section 10(a) of the Act. If it
is determined that the requirements are met, a permit will be issued
for the incidental take of the northern spotted owl. The final permit
decision will be made no sooner than 30 days from the date of this
notice.
Dated: December 17, 1998.
Anne Badgley,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-34093 Filed 12-22-98; 8:45 am]
BILLING CODE 4310-55-P
