[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Notices]
[Pages 32363-32364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15514]
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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 Grover Tree Farm, Curry
County, Oregon
AGENCY: Fish and Wildlife Service.
ACTION: Notice of receipt.
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SUMMARY: This notice advises the public that Mr. Kendall Grover 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. The application has been assigned permit
number PRT-830269. The proposed permit would authorize the incidental
take, in the form of disturbance, of the marbled murrelet (murrelet,
Brachyramphus marmoratus), federally listed as threatened. The permit
would be in effect for 5 years.
The Service announces the receipt of Mr. Grover's incidental take
permit application and the availability of the proposed Grover Tree
Farm Habitat Conservation Plan (Plan), which accompanies the incidental
take permit application, for public comment. The Plan fully describes
the proposed project and the measures Mr. Grover will undertake to
mitigate for project impacts to the murrelet. The Service has
determined that Mr. Grover's Plan qualifies as a ``Low Effect'' Plan as
defined by the Fish and Wildlife Service's Habitat Conservation
Planning Handbook (November 1996). The Service has further determined
that approval of the Plan qualifies as a categorical exclusion under
the National Environmental Policy Act, as provided by the Department of
Interior Manual (516 DM2, Appendix 1 and 516 DM 6, Appendix 1). This
notice is provided pursuant to section 10(c) of the Endangered Species
Act.
Comments are specifically requested on the appropriateness of the
No Surprises assurance contained in this application and described in
section VI of the Plan. In the event of unforeseen or extraordinary
circumstances affecting the murrelet, Mr. Grover will not be required
to provide additional mitigation measures. If the Service makes a
finding of extraordinary circumstances, which warrants requiring
additional mitigation or compensation, the primary responsibility to
provide this compensation rests with the Federal government. All
comments received, including names and addresses, will become part of
the official administrative record and may be made available to the
public.
DATES: Written comments on the permit application and Plan should be
received on or before July 14, 1997.
ADDRESSES: Comments regarding the permit application or the Plan should
be addressed to the Fish and Wildlife Service, Roseburg Fish and
Wildlife Office, 2900 NW Stewart Parkway, Roseburg, Oregon 97470.
Please refer to permit number PRT-830269 when submitting comments.
Individuals wishing copies of the application and Plan for review
should immediately contact the above office. Documents also will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. David Peterson, Fish and Wildlife
Service, Roseburg Fish and Wildlife Office, telephone (541) 957-3471.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and
Federal regulation prohibits the ``taking'' of a species listed as
endangered or threatened. 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.
Background
Mr. Kendall Grover proposes to thin an 86-acre tract of his tree
farm over a 5-year period. The dominant conifers on this tract are
primarily 45 to 50 year-old Douglas-fir (Pseudotsuga menziesii), 10-20
inches in diameter with a few larger trees. The purpose of the action
is to reduce tree density in those parts of the 86-acre tract where
tree density is causing the growth rate of the dominant and co-dominant
trees to decline. This thinning would maintain the health and increase
the growth rate of the remaining forest stand. The thinning has the
potential to affect the murrelet and the northern spotted owl (owl,
Strix occidentalis caurina). Mr. Grover's tree farm is adjacent to the
South Chetco Late Successional Reserve within the Siskiyou National
Forest.
Owls and murrelets are not known to nest on Mr. Grover's property,
but activities on Mr. Grover's property have the potential to disturb
owls and murrelets that nest on the adjacent South Chetco Late
Successional Reserve. The proposed timber harvest (thinning) and
management plan for Mr. Grover's property described in the Plan has
been designed to avoid incidental take of owls and minimize and
mitigate the impacts of take, in the form of disturbance, of murrelets.
To mitigate for any disturbance that might occur to murrelets that
occupy the adjacent Forest Service lands or might occupy the Plan area,
and to avoid the take of any owls, Mr. Grover proposes to implement the
following measures. These measures would also protect and improve
murrelet habitat characteristics in the Plan area. Harvest (thinning)
will occur only between July 15 and October 31 of each year covered
under the Grover Tree Farm Plan. Beginning July 15 and through
September 15, timber harvest activities would not begin until one hour
after sunrise and would stop two hours before sunset. In the event that
seasonal fire restrictions with a 1:00 p.m. daily closure are imposed,
timber harvest activities may occur from sunrise to 1:00 p.m. Dominate
and co-dominate trees will not be harvested except when necessary to
reduce stand density where over-crowding clumps may occur. All trees to
be cut will be marked by Mr. Wayne Krieger, Forest Manager. Tree
spacing will be variable based on the health and vigor of the
surrounding tress. It is anticipated that the stand will have a spacing
of 17 feet between trees (170 trees per acre) after the thinning.
[[Page 32364]]
All existing large woody structures will be preserved and defective
portions of logs from harvested trees will be left on the forest floor.
Brush and thickets will be preserved as much as possible. Hardwood
trees, young seedlings, snags, and cavity sites in conifer trees, will
be preserved as much as possible. Existing roads, trails and landings
will be utilized where possible. New construction for access and
disturbances to ground cover will be minimized. Skid trails will
utilize existing openings to the maximum extent practical. Erosion,
which is unlikely to occur under dry soil conditions, will be handled
by acceptable conservation practices such as reseeding if it becomes a
problem. Most large residual trees from previous harvest will be
preserved, and all large residual trees with old-growth characteristics
will not be harvested.
The Service has determined that the Grover Tree Farm Plan qualifies
as a ``Low Effect'' Plan as defined by the Service's Habitat
Conservation Planning Handbook. Low Effect Plans are those involving:
(1) minor or negligible effects on federally listed and candidate
species and their habitats; and (2) minor or negligible effects on
other environmental values or resources. The Grover Tree Farm Plan
qualifies as a Low Effect Plan for the following reasons:
1. Approval of the Plan will result in minor or negligible effects
on the murrelet. The Service does not anticipate significant direct or
cumulative effects to the murrelet or owl will result from the proposed
thinning.
2. The proposed thinning will not have adverse effects on unique
geographic, historic or cultural sites, or involve unique or unknown
environmental risks.
3. Approval of the Plan will not result in any cumulative or growth
inducing impacts and, therefore, will not result in significant adverse
effects on public health or safety.
4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
5. Approval of this Plan will not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service has therefore determined that approval of the Grover
Tree Farm Plan qualifies as a categorical exclusion under the National
Environmental Policy Act, as provided by the Department of Interior
Manual (516 DM2, Appendix 1 and 516 DM 6, Appendix 1). No further
National Environmental Policy Act documentation will therefore be
prepared.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act. The Service will evaluate the permit application, Plan,
and comments submitted thereon to determine whether the application
meets the requirements of section 10(a) of the Endangered Species Act.
If it is determined that the requirements are met, a permit will be
issued for the incidental take of the marbled murrelet. The final
permit decision will be made no sooner than 30 days from the date of
this notice.
Dated: June 9, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-15514 Filed 6-12-97; 8:45 am]
BILLING CODE 4310-55-P
