[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Proposed Rules]
[Pages 21426-21430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11213]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD20
Endangered and Threatened Wildlife and Plants; Proposed Special
Rule for the Conservation of the Northern Spotted Owl on Non-Federal
Lands
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed special rule; additional information.
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SUMMARY: On February 23, 1996, the Service issued a Draft Environmental
Alternatives Analysis (EAA) for the proposed special section 4(d)rule
for the conservation of the northern spotted owl on non-Federal lands
in California and Washington. The proposed special rule was published
in the Federal Register on February 17, 1995 (60 FR 9484). The comment
period for the draft EAA and the proposed rule was recently extended,
(61 FR 15452, April 8, 1996) and is scheduled to end for both documents
on June 3, 1996.
The comment period was extended, in part, to allow the public the
opportunity to review a proposal by the State of Washington Forest
Practices Board that would address impacts of forest practices to the
northern spotted owl. The state has asked the Service to consider their
proposed state rule as a possible alternative to the current special
rule proposed by the Service. The Service seeks additional comments
from the interested public, agencies, and interest groups on the Draft
EAA, the proposed special rule, and on the State of Washington's
proposed state rule as a possible alternative to the rule currently
proposed by the Fish and Wildlife. The purpose of this document is to
provide a summary of Washington's proposed rule, and a comparison of
that rule with the Service's proposed special rule.
DATES: The comment period for written comments closes June 3, 1996.
ADDRESSES: Comments and materials concerning the Draft Environmental
Alternatives Analysis, the proposed rule and the potential use of the
Washington Forest Practices Board proposed rule as an additional
alternative should be sent to Mr. Michael J. Spear, Regional Director,
Region 1, U.S. Fish and Wildlife Service, 911 N.E. 11th Avenue,
Portland, Oregon 97232-4181. The complete file for this proposed rule
will be available for public inspection, by appointment during normal
business hours, at the U.S. Fish and Wildlife Service, Office of
Technical Support for Forest Resources, 333 S.W. 1st Avenue, 4th Floor,
Portland, Oregon 97204, (503/326-6218).
FOR FURTHER INFORMATION CONTACT: Mr. Curt Smitch, Assistant Regional
Director, Region 1, U.S. Fish and Wildlife Service, 3704 Griffin Lane
S.E., Suite 102, Olympia, Washington 98501, (206/534-9330); or Ron
Crete, Office of Technical Support for Forest Resources, 333 S.W. 1st
Avenue, Portland, Oregon 97232-4181, (503/326-6218).
SUPPLEMENTARY INFORMATION: The Service published its proposed rule
under section 4(d) of the Endangered Species Act on February 17, 1995
(60 FR 9484), followed by the release of the draft Environmental
Alternatives Analysis (EAA) which describes and analyzes the potential
environmental effects of the proposed special rule and six alternatives
for the conservation of the northern spotted owl on non-Federal lands
in Washington and California.
The State of Washington's Forest Practices Board (Board) began work
in 1993 to develop a rule to address the impacts of forest practices on
northern spotted owls in that state. Following the publication of the
Service's proposed rule, the Board accelerated work on the current
version of the proposed state rule. The northern spotted owl is listed
as endangered by the Washington Fish and Wildlife Commission. The
state's proposed rule is similar in many ways to the Service's proposed
4(d) rule, although there are some differences. The state has asked the
Service to consider the state's proposed rule as an alternative to the
Service's current proposed rule.
The rule proposed by the Washington Forest Practices Board would
classify forest practices in spotted owl habitat as ``Class IV-
Special''. Class IV-Special designation includes forest practices
within critical wildlife habitats (state) of species listed as
threatened or endangered under either the Federal Endangered Species
Act or state law, and requires that certain forest practices proposed
to occur in these habitat areas be evaluated relative to their
potential to have substantial impacts to the environment. Such forest
practices may include timber harvesting, road construction and aerial
spraying of pesticides, and are subject to environmental review under
the State Environmental Policy Act (SEPA).
A review under SEPA involves a detailed analysis of a proposed
action to determine if it will have a significant impact on the
environment. Should a finding of significance be made, then an
Environmental Impact Statement (EIS)
[[Page 21427]]
must be prepared before the Department of Natural Resources (DNR) can
act on a forest practice application. Under SEPA, the forest practice
may be conditioned or denied, if necessary, to mitigate specific
adverse environmental impacts.
The Board's goal in developing its proposed rule was to ``prepare a
rule that captures all forest practices that have potential for a
substantial adverse impact on the environment. In the case of the owl,
any forest practice that damages the long-term viability of the
northern spotted owl in Washington State (WDNR 1996).'' The Board also
adopted five objectives to support the proposed rule (WDNR 1996):
(1) Define a level of [owl conservation] contribution from
nonfederal lands that is essential to complement the federal recovery
and conservation strategy for the northern spotted owl population in
Washington State.
(2) Identify those landscapes that are essential to complement the
federal conservation and recovery strategy. Identify whether their
primary function is for dispersal or population maintenance.
(3) Maximize the use of local planning to promote flexibility. To
do this, provide as specific criteria as possible for different levels
of planning.
(4) Minimize conflicts between federal and state standards.
(5) Minimize economic impacts.
Generally, the Board's proposed rule involves ten spotted owl
special emphasis areas (SOSEAs) that are made up of all or parts of 13
landscapes identified in the Spotted Owl Scientific Advisory Group
(SAG) Report (Hanson et al. 1993). The proposed state rule assigns
specific owl conservation functions or goals to the SOSEAs, includes a
small parcel exemption, disturbance restrictions, and provides
provisions for optional landowner conservation planning. Within the
SOSEAs, areas are designated for either dispersal or demographic
support, or a combination of both. Figure 1 shows the location of the
SOSEAs.
Within all the SOSEAs, except the one for the Entiat area, the
proposed state rule would designate harvesting, road construction or
aerial application of pesticides on suitable spotted owl habitat inside
owl nesting circles (site centers) with less than specified amounts of
suitable habitat as Class IV-Special activities, triggering a review
under SEPA. Within the Entiat SOSEA, the SEPA trigger would only apply
on suitable habitat inside owl circles and inside the areas designated
for demographic support. The specified amounts of suitable habitat
include 5,863 acres within a 2.7 mile circle for the Hoh- Clearwater/
Coastal Link SOSEA, and 2,605 acres within a 1.8 mile circle for all
other SOSEAs.
Both inside and outside SOSEAs, harvesting, road construction or
aerial application of pesticides between March 1 and August 31, on the
70 acres of highest quality suitable owl habitat surrounding the site
center, would be Class IV-Special actions.
The proposed state rule provides several exemptions to the SEPA
trigger within the SOSEAs: an approved landowner option plan (LOP); an
approved habitat conservation plan (HCP) from the Fish and Wildlife
Service; pre-listing agreements or habitat management plan accompanied
by a ``no-take'' letter from the Fish and Wildlife Service; and the
provisions of a final 4(d) rule adopted by the Fish and Wildlife
Service. A small parcel exemption is provided if a landowner owns 500
acres or less within the SOSEA and the proposed forest practice is not
within 0.7 mile of a northern spotted owl site center.
The planning components of the proposed state rule include the LOP
and the cooperative habitat enhancement agreement (CHEA). The details
of the LOP process have not been finalized, and may be added to the
rule at a later date. The CHEA option is available to landowners not
currently impacted by owls, and is intended to preclude early
harvesting based on fear of regulatory impact and to provide additional
owl habitat. Under the provisions of Washington's proposed rule, if
habitat is allowed to be harvested within an owl circle through one of
the planning options (LOP, CHEA or HCP), the harvested habitat will
continue to be counted in the calculation of suitable habitat from the
date of plan approval and forward, even after harvest has occurred. The
state's intent with this provision is to prevent the transfer of
responsibility for maintenance of habitat from one landowner within an
owl circle to another.
This state proposal also includes disturbance restrictions inside
SOSEAs during nesting season that apply within .25 mile of a site
center between March 1 and August 31, unless affected owls are not
actively nesting.
It is important to note that the Service's proposed special 4(d)
rule is based on avoidance of incidental take prohibitions for the owl.
The State's proposed rule is based on the avoidance of triggering the
requirements of a review under Washington's SEPA rather than on
avoidance of incidental take prohibitions.
A tabular comparison of the Washington proposed rule and the
Service's proposed 4(d) rule is provided in Table 1.
Table 1
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Rule provision Washington proposed rule Service proposed rule
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1. Landscapes......................... 10 SOSEAs: Columbia Gorge*......... 6 SEAs: Columbia River Gorge/White
Salmon.
Entiat *........................... (Not proposed).
(Special SEPA trigger)
Finney Block....................... Finney Block.
I-90 West.......................... I-90 Corridor (includes I-90E, I-
I-90 East* (includes Teanaway, 90W, Taneum, Easton, Blewett).
Taneum, Easton)
Mineral Block/Link................. Mineral Block (includes Mineral
Link).
Siouxon*........................... Siouxon Creek (included in other
White Salmon * SEA) (included in other SEA).
North Blewett
Hoh-Clearwater/Coastal Link........ Hoh-Clearwater.
* Means modified from original SAG SEAs may provide dispersal,
boundaries. demographic or combination
Note: SOSEA goals/functions are support, to be decided on a case
identified on Figure 1 by case basis, except in areas
surrounded by or located in matrix
or AMA lands, except if sites are
centered on reserve or withdrawn
areas.
2. Owl Circle Dimensions:
[[Page 21428]]
Inside SOSEAs..................... All SOSEAs: All habitats within 0.7 Dimensions are discussed in the
miles/1,000 acres retained. preamble to the proposed 4(d) rule
and the DEAA.
Hoh-Clearwater SOSEA: 5,863 acres Median annual home range,
of suitable owl habitat within approximately the same size as
median owl home range circle (2.7 state proposal.
mile radius) must be retained.
At least 40 percent suitable owl
habitat within owl median home
range must be retained.
All other SOSEAs: 2,605 acres of
suitable owl habitat within median
owl home range circle (1.8 mile
radius) must be retained
Outside SOSEAs.................... The 70 acres highest quality The 70 acres of highest quality
habitat around the site center habitat closest to an owl site
must be retained from March 1 center must be retained.
through Aug. 31.
3. SEPA Trigger:
Within Important Landscapes....... Within SOSEA boundaries harvesting, Federal permit requirement, no NEPA
road construction or aerial trigger exists.
application of pesticides on
suitable habitat inside owl
circles (except within the Entiat
SOSEA where the trigger applies
only on suitable habitat inside
owl circles and inside the areas
indicated for demographic
support.).
Outside Important Landscapes...... Outside of a SOSEA: harvesting,
road construction, or aerial
application of pesticides between
March 1 and August 31, on the 70
acres of highest quality suitable
habitat
Exemptions to SEPA................ --Under an approved Landowner
Option Plan
--HCP approved by USFWS
--Prelisting agreements or habitat
management plan accompanied by a
``no-take'' letter from the USFWS
--4(d) rule adopted by the USFWS
--Small parcel exemption
4. Prohibited Activities:
Within Important Landscapes....... The SEPA triggers in the state Under the ESA, ``incidental take''
proposal require SEPA review, they is generally prohibited and is
do not prohibit activities. only allowed under limited
circumstances.
Timber harvest activities are
prohibited in SEAs if they result
in the incidental take of a
spotted owl (a significant
likelihood if suitable habitat
drops below 40 percent within the
median annual owl home range.)
Alternative proscription allows
harvesting on non-Federal lands
surrounded by or located in
Federal matrix or AMA lands if the
Federal matrix or AMA
prescriptions and restrictions are
followed.
Outside Important Landscapes...... (No equivalent).................... Timber harvest actions are
prohibited if they result in
retention of less than 70 acres of
highest quality suitable habitat
closest to the site center or
impact the sites centered inside
Federal Reserves, Administratively
withdrawn lands or Congressionally
reserved lands (no seasonal
restrictions).
Incidental take of owls is not
authorized for owls whose site
center is located within or along
the boundary of a Federal reserve
or Administratively withdrawn
lands or Congressionally reserved
lands (except on the Olympic
Peninsula), or along or within the
boundary of an SEA.
Exemptions to Prohibitions........ (No equivalent).................... Harvest is allowed:
--With an approved HCP;
--With an approved Local Option
Plan;
--With a Spotted Owl Habitat
Enhancement Agreement.
5. Planning Components Needed to Establishes a process for the Habitat Conservation Plan (HCP)
Authorize Incidental Take:. development of the Landowner required for owners of more than
Option Plan (LOP):. 5,000 acres. HCPs must include:
--Description of area;
--Identifies elements that are to
be included in a LOP:
--Goals and objectives
--Planning area description
--Physical features
--Current spotted owl habitat
status
--Current owl status
--Management proposals and
operation plans
--Projected spotted owl habitats
--Training
--Monitoring
--Reporting
[[Page 21429]]
--Plan modification
--Plan duration
--Approval process
--Enforcement process
(No equivalent).................... Proposes a Local Option
Conservation Plan (Short-Form HCP)
for Owners of 80-5,000 acres.
Basic criteria generally same as
for regular HCP although the
application process will be
streamlined.
Establishes a process for the Proposes similar Habitat
development of Cooperative Habitat Enhancement Agreement process.
Enhancement Agreements.
Identified elements:
--Description of agreement area
--Current owl habitat status
--Management proposals
--Projected habitat development
--Agreement modification
--Agreement duration
--Approval process
--Enforcement process
Agreement to be approved by DNR in
consultation with Washington
Department of Fish and Wildlife,
others..
6. Disturbance........................ Road construction within SOSEA (No equivalent proposal).
boundary restricted within .25
miles of site center between March
1 and August 31, unless owls are
not actively nesting.
Felling and bucking within SOSEA
boundary restricted within .25
miles of site center between March
1 and August 31, unless owls are
not actively nesting.
Cable yarding within a SOSEA
boundary restricted within .25
miles of site center between March
1 and August 31, unless owls are
not actively nesting..
Helicopter yarding within SOSEA
boundary restricted within .25
miles of site center between March
1 and August 31, unless the owls
are not actively nesting..
Tractor and wheel skidding systems
operations of heavy equipment
within a SOSEA boundary restricted
within .25 miles of site center
between March 1 and August 31,
unless the owls are not actively
nesting..
Slash disposal or prescribed
burning within a SOSEA boundary
restricted within .25 miles of
site center between March 1 and
August 31, unless the owls are not
actively nesting..
7. Small Landowner Exemption.......... Provides for small parcel Owners of not more than 80 acres of
exemption:. forest land not restricted as long
--If a landowner owns or controls as harvest does not destroy or
500 acres or less within the degrade the 70 acres of suitable
SOSEA; and habitat closest to the owl site
--The forest practice is not within center.
.7 mile of a site center
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The Service is in the process of analyzing the state's proposed
rule as a possible alternative to the Service's proposed 4(d) rule
published February 17, 1995. The state's comment period for their
proposed rule has expired, however, the Service is interested in
receiving comment from the interested public regarding the advisability
of adapting some or all of the Washington state rule in any final 4(d)
rule that the Service may publish. To receive an actual copy of the
State of Washington proposed rule and the state's Supplemental Draft
Environmental Impact Statement, write to Washington State Department of
Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia,
WA 98504-7012, Attn: Judith Holter.
The Service's Draft EAA, including all maps, tables, charts, and
graphs, remains available on the Internet's World Wide Web at http://
www.r1.fws.gov/4deaa/welcome.html.
References Cited
Hanson, E., Hays, D., Hicks, L., Young, L., and J. Buchanan. 1993.
Spotted owl habitat in Washington: a report to the Washington Forest
Practices Board. Washington Forest Practices Board Spotted Owl
Advisory Group. Olympia, Washington.
WDNR. 1996. Supplemental draft environmental impact statement and
appendices on forest practices rule proposals for the northern
spotted owl. Washington Forest Practices Board, Washington
Department of Natural Resources. Olympia, Washington.
Dated: April 30, 1996.
Thomas Dwyer,
Acting Regional Director, U.S. Fish and Wildlife Service Region 1,
Portland, Oregon.
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[FR Doc. 96-11213 Filed 5-9-96; 8:45 am]
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