[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Notices]
[Pages 34216-34217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16206]
[[Page 34216]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration National Marine
Fisheries Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[I.D. 061099C]
Notice of Application to Amend an Endangered Species Act
Incidental Take Permit to Include Canada Lynx and Puget Sound/Coastal
Bull Trout on the Plum Creek Timber Company Permit for Timber Harvest
in the State of Washington, and to Issue an Incidental Take Permit for
Middle Columbia River Steelhead, and Puget Sound Chinook to Plum Creek
Timber Company in the State of Washington.
AGENCIES: National Marine Fisheries Service (NMFS), Nationl Oceanic and
Atmospheric Administration, Commerce. U.S. Fish and Wildlife Service
(FWS), Interior.
ACTION: Receipt of applications to amend an incidental take permit
(PRT-808398) and to issue an incidental take permit (1220).
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SUMMARY: This notice advises the public that FWS has received a request
to add Canada lynx (Lynx canadensis) and Puget Sound/Coastal bull trout
(Salvelinus confluentus) to the species covered by incidental take
permit PRT-808398, issued to the Plum Creek Timber Company on June 27,
1996. NMFS has received a request for an incidental take permit (1220)
for the Middle Columbia River (MCR) steelhead (Oncorhynchus mykiss) and
Puget Sound (PuS) chinook salmon (O. tshawytscha). These requests have
been submitted to FWS and NMFS (the Services) pursuant to the
Implementation Agreement for the Habitat Conservation Plan (Plan)
accompanying the incidental take permit. FWS is proposing to add Canada
Lynx and Puget Sound/Coastal bull trout to Plum Creek's permit, and
NMFS is proposing to issue an incidental take permit for the MCR
steelhead and PuS chinook salmon. The purpose of this notice is to seek
public comment on FWS' proposed permit amendment and NMFS' permit
issuance.
DATES: Written comments regarding FWS' proposal to add Canada lynx and
Coastal/Puget Sound bull trout to the Plum Creek permit or on NMFS'
proposal to issue a permit for MCR steelhead and PuS chinook must be
received on or before July 26, 1999.
ADDRESSES: Written comments on lynx and bull trout should be addressed
to William Vogel, FWS; 510 Desmond Drive, S.E; Suite 101; Lacey,
Washington 98503; and written comments on steelhead and chinook should
be addressed to Dennis Carlson, NMFS; 510 Desmond Drive, S.E; Suite
103; Lacey, Washington 98503. Comments addressing general issues and
all four species may be sent to either of the Services. Documents cited
in this notice and comments received will be available for public
inspection by appointment during normal business hours (8 a.m. to 5
p.m., Monday through Friday).
FOR FURTHER INFORMATION CONTACT: William Vogel, Wildlife Biologist;
FWS; 510 Desmond Drive, S.E; Suite 101; Lacey, Washington 98503, (360)
753-4367 or Dennis Carlson, Fisheries Biologist; NMFS; 510 Desmond
Drive, S.E; Suite 101; Lacey, Washington 98503, (360) 753-5828.
SUPPLEMENTARY INFORMATION:
Background
On June 27, 1996, FWS issued an incidental take permit (PRT-808398)
to Plum Creek Timber Company, L.P., pursuant to section 10(a)(1)(B) of
the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1532 et
seq.). The permit authorized the incidental take of the threatened
northern spotted owl (Strix occidentalis caurina), marbled murrelet
(Brachyramphus marmoratus marmoratus), and grizzly bear (Ursus
arctos=U.a. horribilis), and the endangered gray wolf (Canis lupus), in
the course of the otherwise lawful forest management and related land-
use activities on Plum Creek lands in portions of King and Kittitas
Counties, Washington. NMFS did not issue a permit as no species under
NMFS' jurisdiction on the Plum Creek lands were listed under the ESA at
the time the FWS permit was issued. Pursuant to the Plan and the
Implementation Agreement, Plum Creek received assurances from the
Services that then-unlisted vertebrate species, which may occur on Plum
Creek lands would be added to the permit upon listing of those species
in accordance with the ESA, the Implementation Agreement, and the Plan.
On September 11, 1997, Plum Creek requested the addition of bull trout
to their permit. On July 14, 1998, following the completion of a public
comment period, Biological Opinion, and Set of Findings, FWS amended
incidental take permit PRT-808398 to include the Columbia River Basin
population of bull trout on the permit.
On July 8, 1998, FWS proposed to list the Canada lynx as threatened
throughout its range in the contiguous United States, (63 FR 36994). On
June 10, 1998, FWS proposed to list the Puget Sound/Coastal population
of bull trout as threatened, (63 FR 31693).
On March 25, 1999, NMFS published a final rule listing the MCR and
Upper Willamette River evolutionary significant units (ESUs) of
steelhead as threatened species (64 FR 14517). In addition, on February
5, 1999, NMFS proposed to designate critical habitat for nine ESUs of
steelhead previously listed and currently proposed for listing under
the ESA, including Washington ESUs (64 FR 5740). Also on March 24,
1999, NMFS published a final rule listing the PuS chinook salmon as
threatened (63 FR 11482).
The September 11, 1997, request from Plum Creek to add bull trout
to the permit was partially fulfilled when FWS included the Columbia
River Basin population of bull trout on the permit. That request is
still effective with regard to the Puget Sound/Coastal population of
bull trout. On May 20, 1998, Plum Creek requested that the MCR
steelhead be added to the permit. On August 7, 1998, Plum Creek also
requested that Canada lynx be added to the permit. On December 15,
1998, Plum Creek requested that PuS chinook be added to their permit as
well. While FWS has not yet made final listing decisions for the Puget
Sound/Coastal population of bull trout or Canada lynx, it is proposing
to respond to Plum Creek's request and determine if addition of these
species to the permit is appropriate.
Implementation Agreement Provisions
The Implementation Agreement is a legal document describing the
roles and responsibilities of the Services and Plum Creek during the
permit period. Under the Implementation Agreement, plan species are
those vertebrate species dependent on the various habitat types
analyzed in the Plan. The Implementation Agreement specifies that
should any of the plan species that were unlisted at the time of permit
issuance subsequently become listed under the ESA, Plum Creek may
request a permit amendment to have that species added to their permit.
Plum Creek received assurances, absent extraordinary circumstances
(as defined in the Implementation Agreement), that plan species would
be added to the permit without requiring additional mitigation from
Plum Creek if the Services determined that such action would not
appreciably reduce the likelihood of the survival and recovery of the
affected species, or any other
[[Page 34217]]
species, in the wild and that adding the species to the permit would be
consistent with the Services' other responsibilities.
To determine whether adding Canada lynx and bull trout to Plum
Creek's permit and issuing a permit for steelhead and chinook would
appreciably reduce the likelihood of the survival and recovery of those
species, or any other species, the Services will follow the Section 7
process under the ESA. The Services will also determine whether the
permit amendment meets each of the issuance criteria described in
section 10(a)(2)(B) of the ESA and that a substantial and material
adverse change in the status of Canada lynx, bull trout, steelhead, or
chinook has not occurred since initial permit issuance.
Summary
At the time of initial permit issuance, the Services made a
preliminary determination that the Plan adequately provided protection
for lynx, bull trout, steelhead, and chinook. Based on that analysis,
it appeared that the Plan would have minimal adverse impacts on lynx,
bull trout, steelhead, and chinook.
With respect to lynx, use of edge habitat as a surrogate for
``classic'' lynx foraging habitat definitions, the Services predict a
decrease in foraging habitat. Should lynx occur in the planning area,
they would most likely use edges for foraging and would most likely
rely on secondary prey items. The Plan is expected to maintain as
conducive a landscape for lynx as is possible given the geographic
province.
The Plan generally provides for improving conditions for bull
trout, steelhead, and chinook. Buffers on fishbearing and other
perennial streams are expected to provide for the natural processes and
functions that steelhead and chinook rely on such as large woody debris
inputs, detrital and litter input, root strength and bank stability.
The Services expect to see reductions in delivery of fine sediment from
roads and recovery of forest stand structures to improve hydrologic
conditions, and reduce peak flows and mass-wasting risks.
Significant public comments and data were received by the Services
on the proposals to list lynx, bull trout, steelhead, and chinook as
threatened or endangered under the ESA. The Services are reviewing that
information to determine if the Services' initial lynx, bull trout,
steelhead, and chinook determinations for the Plum Creek permit remain
valid.
The Environmental Impact Statement developed for the initial permit
decision analyzed the effects that implementing the Plan would have on
lynx, bull trout, steelhead, chinook, and other species. The effects of
a proposed land exchange with the U.S. Forest Service and incorporation
of that new land base into the Plan are also addressed in a Draft
Supplemental Environmental Impact Statement, and will be further
addressed in the Final Supplemental Environmental Impact Statement.
Dated: June 8, 1999.
Cynthia U. Barry,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
Dated: June 21, 1999.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 99-16206 Filed 6-24-99; 8:45 am]
BILLING CODE 3510-22-F and 4310-55-F
