[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