[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28108]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

 

Availability of an Environmental Assessment and Receipt of an 
Application for a Permit To Allow Incidental Take of the Threatened 
Northern Spotted Owl and Marbled Murrelet by Coast Range Conifers, 
Yachats, Oregon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: This notice advises the public that Coast Range Conifers 
(Applicant) has applied to the U.S. 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 PRT-791930. The requested permit would 
authorize the incidental take of the threatened northern spotted owl 
(Strix occidentalis caurina) and marbled murrelet (Brachyramphus 
marmoratus) near Yachats, Lincoln County, Oregon. The proposed 
incidental take would occur as a result of timber harvest activities in 
northern spotted owl and marbled murrelet habitat.
    The Service also announces the availability of an Environmental 
Assessment (EA) for the proposed issuance of the incidental take 
permit. This notice is provided pursuant to section 10(c) of the Act 
and National Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before December 15, 1994.

ADDRESSES: Comments regarding the application or EA should be addressed 
to Mr. Curt Smitch, Supervisor, U.S. Fish and Wildlife Service, Pacific 
Northwest Habitat Conservation Plan Program, 3773 Martin Way East, 
Building C, Suite 101, Olympia, Washington 98501. Please refer to 
permit No. PRT-791930 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Burns, U.S. Fish and Wildlife 
Service, Portland Field Office, 2600 S.E. 98th Ave., Suite 100, 
Portland, Oregon 97266 (503-231-6179). Individuals wishing copies of 
the application or EA for review should immediately contact the above 
individual.

SUPPLEMENTARY INFORMATION:

Background

    Under section 9 of the Act and its implementing regulations, 
``taking'' of the northern spotted owl or marbled murrelet, both 
threatened species, is prohibited. However, the Service, under limited 
circumstances, may issue permits to take threatened wildlife species if 
such taking is incidental to, and not the purpose of, otherwise lawful 
activities. Regulations governing permits for threatened species are in 
50 CFR 17.32.
    The Applicant proposes to implement a Habitat Conservation Plan 
(HCP) on 155 acres of their land for the spotted owl and marbled 
murrelet that will allow loss of 60 acres of owl and murrelet habitat 
as a result of commercial timber harvest near Yachats, Oregon. The 
Applicant's proposed timber harvest may result in the take, as defined 
in the Act and its implementing regulations, of any owls and/or 
murrelets in the harvest area. The permit would be in effect for 5 
years. The application includes an HCP and Implementation Agreement.
    The Applicant proposes to mitigate for the incidental take by 
selling 49 acres of the highest quality spotted owl and murrelet 
habitat to the U.S. Forest Service (USFS). The USFS would protect and 
manage the 49 acres as a late successional reserve for spotted owl and 
murrelet habitat as long as required under provisions of the Act. The 
Applicant will minimize take by conducting spotted owl and murrelet 
surveys prior to any timber harvest on the 60-acre tract during the owl 
or murrelet nesting season, March 1 through September 15. Timber 
harvest activities will not be conducted during the spotted owl or 
murrelet nesting season if owl nesting occurs within 0.25 miles of the 
harvest area, or if the stand to be harvested is determined to be 
occupied by murrelets. Oregon Department of Forestry requirements for 
retention of green legacy trees, snags and woody debris, and riparian 
buffers will be met.
    The EA considers the environmental consequences of four 
alternatives, including the proposed action and no-action alternatives. 
The proposed action is the issuance of a permit under section 10(a) of 
the Act that would authorize incidental take of spotted owls and 
marbled murrelets during the Applicant's harvest of 60 acres of owl and 
murrelet habitat, and require implementation of the Habitat 
Conservation Plan. Under the no-action alternative, the proposed timber 
harvest would not occur and the permit would not be issued. The third 
alternative is to exchange or sell the entire 155-acre tract to the 
USFS which would involve the transfer of USFS lands for harvest, or 
increase the cost to protect the site. The fourth alternative is for 
the Applicant to harvest the 109 acres of mature forest located on the 
property, while observing Oregon Department of Forestry regulations.

    Dated: November 8, 1994.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, OR.
[FR Doc. 94-28108 Filed 11-14-94; 8:45 am]
BILLING CODE 4310-55-P