[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Notices]
[Pages 15296-15298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8117]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of a Draft Environmental Impact Statement 
and Receipt of an Application for the Proposed Issuance of an 
Incidental Take Permit for Threatened and Endangered Species on Lands 
Managed by the Washington Department of Natural Resources (DNR) Within 
the Range of the Northern Spotted Owl

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that the Washington Department 
of Natural Resources (Applicant) has applied to the Fish and Wildlife 
Service and the National Marine Fisheries Service (together Services) 
for an incidental take permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act). The Applicant has 
also requested an unlisted species agreement to cover species which may 
occur in the planning area and which may be listed in the future. The 
term of the permit has not been decided. The Applicant is seeking a 
permit term of up to 100 years, subject to final approval by its 
authorizing board. The Services will provide recommendations to the 
Applicant on all issues related to the application, including the 
permit term, upon completion of the Services' review of the 
application. The application has been assigned permit number PRT-
812521. The Services also announce the availability of a Draft 
Environmental Impact Statement (DEIS) 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 DEIS should be 
received on or before May 20, 1996.

ADDRESSES: Comments regarding the application or DEIS, or requests for 
these documents, should be addressed to Curt Smitch, U.S. Fish and 
Wildlife Service, and Churck Turley, Washington Department of Natural 
Resources, 1111 Washington Street SE., P.O. Box 47011, Olympia, 
Washington 98504-7011. Please refer to permit No. PRT-812521 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: William Vogel or Craig Hansen, Fish 
and Wildlife Service, or Steve Landino, National Marine Fisheries 
Service, at the Pacific Northwest Habitat Conservation Plan Program, 
3704 Griffin Lane SE, Suite 102, Olympia, Washington 98501-2192; (360) 
534-9330.

SUPPLEMENTARY INFORMATION: Under section 9 of the Act and its 
implementing regulations, ``taking'' of threatened and endangered 
species is prohibited. However, the Services, under limited 
circumstances, may issue permits to take threatened or endangered 
wildlife species if such taking is incidental to, and not the purpose 
of, otherwise lawful activities. Regulations governing permits for 
threatened and endangered species are in 50 CFR 17.22 and 17.32.
    The Applicant has addressed species conservation and ecosystem 
management on approximately 1.6 million acres of State-managed land 
within the range of the northern spotted owl (Strix occidentalis 
caurina) (owl) in Washington. The Applicant is requesting a permit for 
the incidental take of the owl, marbled murrelet (Brachyramphus 
marmoratus) (murrelet), Oregon silverspot butterfly (Speyeria zerene 
hippolyta), Aleutian Canada goose (Branta canadensis leucopareia), 
peregrine falcon (Falco peregrinus), bald eagle (Haliaeetus 
leucocephalus), gray wolf (Canis lupus), grizzly bear (Ursus arctos) 
and the Columbian white-tailed dear (Odocoileus virginianus leucurus) 
which may occur as a result of timber harvest and related activities 
within the 1.6 million-acre planning area.
    The Habitat Conservation Plan (HCP) is designed to complement the 
President's Northwest Forest Plan, and includes various forms of 
mitigation which are integral parts of the HCP. The HCP covers nine 
planning units which occur in three basic geographic areas: (1) five 
planning units in the area west of the Cascade Crest; (2) three 
planning units in the area within the range of the owl east of the 
Cascade Crest; and (3) the Olympic Experimental State Forest (OESF) 
Planning Unit. Only listed species are addressed east of the Cascade 
Crest.
    Three alternatives are presented for the HCP planning units 
excluding the OESF Planning Unit: (1) a No-Action alternative; (2) the 
proposed HCP; and (3) an HCP strategy with enhanced conservation. Three 
alternatives are presented separately for the Olympic Experimental 
State Forest: (1) a No-Action alternative; (2) a zoned conservation 
strategy which focuses on owl demographic support, and maintenance of 
several existing owl sites and likely landscape connections; and (3) an 
unzoned conservation strategy, similar to the proposed HCP for other 
planning units. The OESF is addressed separately from the other 
planning units because of its unique location on the Olympic Peninsula, 
value to fish and wildlife, and current condition of its forests. This 
planning unit has provisions for a greater emphasis on research as part 
of the mitigation measures for incidental take.
    The DNR seeks to obtain an incidental take permit for owls, 
murrelets, Oregon silverspot butterflies, Aleutian Canadian Geese, 
peregrine falcons, bald eagles, gray wolves, grizzly bears, and 
Columbian white-tailed deer that may occur on State lands managed by 
DNR within the HCP area. Under the HCP, the owl conservation strategy 
for all planning units, excluding the OESF, was developed to minimize 
and mitigate for the incidental take by providing owl nesting, roosting 
and foraging (NRF) habitat, and dispersal habitat in areas that 
complement the Northwest Forest Plan. The amount and location of this 
habitat varies between planning units depending upon the amount of DNR-
managed lands designated as NRF-management areas and the capability of 
the land to provide owl habitat. However, the objective is to provide 
NRF on 50 percent of DNR-managed lands within the NRF-management areas. 
Under the enhanced conservation alternative, the objective is to 
provide NRF on 60 percent of DNR-managed lands within such areas. Both 
action alternatives also include areas managed for owl dispersal 
habitat.
    For owls on the OESF, the proposed HCP takes an ``unzoned 
approach''. The goals for each of 11 landscape-management units include 
20 percent of the area as NRF habitat and another 20 percent which 
would also provide roosting and foraging opportunities for owls. The 
alternative ``zoned approach'' would use a combination of nest groves, 
core areas, range areas, and temporary special pair areas to emphasize 
strategically located areas.
    The murrelet conservation strategy for the proposed HCP includes 
provisions to conduct a habitat-relationship study to determine the 
type and range of potential murrelet habitat that is likely to be 
occupied. After habitat-relationship studies are completed on a 
planning unit by planning unit basis, a small percentage of marginal 
murrelet habitat will be released for harvest without surveys. A long-
range conservation strategy will be developed in consultation with the 
Fish and Wildlife Service after habitat-relationship studies are 
completed and surveys of remaining habitat are concluded. Under the 
enhanced

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conservation strategy, all suitable murrelet habitat, including 
marginal habitat, would be retained until the completion of the long-
range conservation strategy. These same alternatives apply to the OESF 
as well.
    The riparian strategies for both action alternatives were developed 
to protect anadromous fish and riparian-obligate species by 
establishing riparian management zones, wetland protection areas, and 
provisions to address other issues including steep and unstable slopes, 
rain-on-snow event areas, and road system management. Under the HCP, 
riparian management zones will be established along all Type 1 through 
Type 4 Waters. Type 5 Waters will be protected in areas having a high 
risk of mass wasting. These buffers will contain a no-harvest portion 
as well as areas where management activity will be allowed. Additional 
wind buffers will be placed on Type 1 through Type 3 Waters on the 
windward side of the stream where there is a potential for windthrow. 
Under the enhanced conservation alternative, riparian management 
buffers will be applied to all Type 1 through Type 5 Waters, and wind 
buffers will be applied to both sides of Type 1 through Type 3 Waters.
    For the OESF, the riparian strategy is the same for both action 
alternatives, which includes interior and exterior core buffers. The 
interior core buffers are designed to minimize mass-wasting potential, 
and protect riparian processes and function. The exterior core buffers 
are designed to protect the integrity of the interior core from 
damaging winds and will be applied to both sides of Type 1 through 4 
Waters, as well as Type 5 Waters as appropriate.
    The DNR also seeks to obtain an unlisted species agreement for 
species that may occur on DNR-managed lands on the west side of the 
Cascade Crest. Specifically, the proposed unlisted species agreement 
identifies a process by which species that use the habitat types in the 
West Side and OESF planning units could be added to the Incidental Take 
Permit if they are listed as threatened or endangered species in the 
future and no extraordinary circumstances exist. Each action 
alternative contains provisions to protect the habitat types that occur 
on DNR-managed lands. For example, in addition to the conservation 
provided by the owl, murrelet, and riparian strategies, additional 
provisions are included to protect special habitat types such as caves, 
talus fields, and large, structurally unique trees and snags.

    Dated: March 26, 1996.
Thomas J. Dwyer,
Deputy Regional Director, Region 1, Fish and Wildlife Service.
[FR Doc. 96-8117 Filed 4-4-96; 8:45 am]
BILLING CODE 4310-55-P