[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Notices]
[Pages 56563-56565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27929]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Species Permit Application; Final 
Environmental Impact Statement Availability on the Proposed Issuance of 
an Incidental Take Permit for Threatened and Endangered Species on 
Lands Managed by the Washington Department of Natural Resources Within 
the Range of the Northern Spotted Owl

AGENCIES: Fish and Wildlife Service, Department of the Interior (lead 
agency); National Marine Fisheries Service, Commerce.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public that the Final Environmental 
Impact Statement on the proposed issuance of an incidental take permit 
for threatened and endangered species on lands managed by the 
Washington Department of Natural Resources (Applicant) is available for 
review. The Applicant has applied to the U.S. 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 as threatened or 
endangered species in the future. The term of the permit would be 70 
years, with the possibility of three extensions of 10 years each. The 
application has been assigned permit number PRT-812521. This notice is 
provided pursuant to section 10(c) of the Act and National 
Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Publication of the Record of Decision and issuance of the permit 
will occur no sooner December 2, 1996.

ADDRESSES: Individuals wishing copies of the application or 
Environmental Impact Statement for review should immediately contact 
Chuck Turley, Washington Department of Natural Resources, 1111 
Washington Street SE, P.O. Box 47011, Olympia, Washington, 98504-7011 
or the U.S. Fish and Wildlife Service, Pacific Northwest Habitat 
Conservation Plan Program, 3704 Griffin Lane SE, Suite 102, Olympia, 
Washington 98501-2192; (360) 753-9440. Documents will be available for 
public inspection by appointment during normal business hours (8 am to 
5 pm, Monday through Friday) at the above address.


[[Page 56564]]


FOR FURTHER INFORMATION CONTACT: William Vogel or Craig Hansen, U.S. 
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) 
753-9440.

SUPPLEMENTARY INFORMATION:

Background

    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 is designed to complement the 
Northwest Forest Plan, and includes various forms of mitigation which 
are integral parts of the Habitat Conservation Plan. The Habitat 
Conservation Plan 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 Planning Unit. Only listed species are addressed east of 
the Cascade Crest.

Development of the Final Environmental Impact Statement

    In development of this Final Environmental Impact Statement, the 
agencies have initiated action to ensure compliance with the purpose 
and intent of National Environmental Policy Act, as amended. Scoping 
activities were undertaken preparatory to developing the Draft 
Environmental Impact Statement. A Notice of Intent to prepare the 
Environmental Impact Statement was published in the May 2, 1994, 
Federal Register (59 FR 22682). This was followed by a Notice of 
Availability of a Draft Environmental Impact Statement and receipt of 
an Application for an Incidental Take Permit published in the April 5, 
1996, Federal Register (61 FR 15297). Five public meetings were held 
during the comment period.
    Potential consequences, in terms of adverse impacts and benefits 
associated with the implementation of each alternative, were described 
in the Draft Environmental Impact Statement. Key issues addressed in 
the Draft and Final Environmental Impact Statement are identified as 
the effects that implementation of the various alternatives would have 
upon: (1) Threatened and endangered species; (2) other wildlife and 
their habitats; (3) surrounding and intermingled land uses; (4) other 
aspects of the physical and the human environment. Each alternative was 
evaluated for its potential to result in significant adverse impacts, 
and the adequacy or inadequacy of the proposed measures to avoid, 
minimize, and substantially reduce the effects.
    Comments from 181 entities (testimony from 41 people, and 174 
written comments) were received on the Draft Environmental Impact 
Statement. Comments were varied. Topics covered in the comments 
included the range of alternatives, length of the comment period, 
adequacy of mitigation, credibility of the science relied upon in 
developing conservation strategies, adequacy of the impacts analysis, 
population viability of the subject species, uncertainty surrounding 
alternatives, assurances provided to the applicant, fiduciary 
responsibilities to trust beneficiaries by the Applicant, Federal trust 
responsibilities to the Tribes, and permit issuance criteria. The Final 
Environmental Impact Statement contains summaries of, and responses to, 
all comments received during the comment period. Issues and potential 
consequences remain constant from the Draft to the Final Environmental 
Impact Statement.

Alternatives Analyzed in the Final Environmental Impact Statement

    The Draft Environmental Impact Statement considered many 
alternatives, but only advanced six for further detailed study. 
Alternatives considered but not advanced for detailed analysis ranged 
from no harvest to a Habitat Conservation Plan based on State forest-
practices regulations and are discussed in section 2.5 of the Draft 
Environmental Impact Statement. Six alternatives were advanced for 
detailed analysis.
    Three alternatives are presented for the Habitat Conservation Plan 
planning units excluding the Olympic Experimental State Forest Planning 
Unit: (1) A No-Action alternative; (2) the proposed Habitat 
Conservation Plan; and (3) a Habitat Conservation Plan 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 Habitat Conservation Plan for other planning units. The 
Olympic Experimental State Forest 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.
    Under the No-action Alternatives, the applicant would avoid the 
take of any and all federally listed species and no permit would be 
issued. Under the Action Alternatives, the Applicant seeks to obtain an 
incidental take permit for owls, murrelets, Oregon silverspot 
butterflies, Aleutian Canada Geese, peregrine falcons, bald eagles, 
gray wolves, grizzly bears, and Columbian white-tailed deer that may 
occur on State lands managed by the Applicant within the Habitat 
Conservation Plan area.
    Under the Habitat Conservation Plan, the owl conservation strategy 
for all planning units, excluding the Olympic Experimental State 
Forest, was developed to minimize and mitigate for the incidental take 
by providing owl nesting, roosting, and foraging 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 Applicant-managed lands designated as nesting, 
roosting, and foraging habitat management areas and the capability of 
the land to provide owl habitat. However, the objective is to provide 
nesting, roosting, and foraging habitat on 50 percent of Applicant-
managed lands within the nesting, roosting, and

[[Page 56565]]

foraging habitat management areas. Under the enhanced conservation 
alternative, the objective is to provide nesting, roosting, and 
foraging habitat on 60 percent of Applicant-managed lands within such 
areas. Both action alternatives also include areas managed for owl 
dispersal habitat.
    For owls on the Olympic Experimental State Forest, the proposed 
Habitat Conservation Plan takes an ``unzoned approach.'' The goals for 
each of 11 landscape-management units include 20 percent of the area as 
nesting, roosting, and foraging 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 Habitat 
Conservation Plan 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 U.S. Fish and Wildlife Service after habitat-
relationship studies are completed and surveys of remaining habitat are 
concluded. Under the enhanced 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 Olympic Experimental State Forest 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 steep and unstable slopes, rain-on-snow event 
areas, and road system management. Under the Habitat Conservation Plan, 
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 Olympic Experimental State Forest, 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 Type 4 Waters, as well as Type 5 Waters 
as appropriate.
    The Applicant also seeks to obtain an unlisted species agreement 
for species that may occur on Washington Department of Natural 
Resources managed lands on the west side of the Cascade Crest. The 
proposed unlisted species agreement requests that if species currently 
using the habitat types in the West Side and Olympic Experimental State 
Forest planning units become listed as a threatened or endangered 
species in the future, and no extraordinary circumstances exist, the 
species would be added to the Incidental Take Permit. Each action 
alternative contains provisions to protect the habitat types that occur 
on Washington Department of Natural Resources 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.
    The Final Environmental Impact Statement contains minor 
modifications to the Environmental Impact Statement and also highlights 
changes made to the Habitat Conservation Plan and Implementation 
Agreement in response to public comments. Additional information 
regarding these changes may be obtained from the Services at the above 
addresses.

    Author: William O. Vogel, Pacific Northwest Habitat Conservation 
Plan Program.

    Authority: 16 U.S.C. 1361-1407, 1531-1544, and 4201-4245.

    Dated: October 23, 1996.
Thomas J. Dwyer,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 96-27929 Filed 10 31-96; 8:45 am]
BILLING CODE 4310-55-P