[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 66991-66994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23528]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N023; FXES11120100000-167-FF01E00000]


Proposed Roseburg Resources Co. Safe Harbor Agreement for the 
Northern Spotted Owl and Draft Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Roseburg Resources Co. for an Endangered 
Species Act (ESA) Enhancement of Survival Permit (permit) for take of 
the federally threatened northern spotted owl. The permit application 
includes a draft Safe Harbor Agreement (SHA) addressing Service access 
to Roseburg Resources Co. lands for the survey and removal of barred 
owls as part of the Service's Barred Owl Removal Experiment in Douglas 
County, Oregon. In response to the permit application, the Service has 
prepared a draft environmental assessment (EA) addressing the permit 
action. We are making the permit application, including the draft SHA 
and the draft EA, available for public review and comment.

DATES: To ensure consideration, written comments must be received from 
interested parties by October 31, 2016.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comments are in reference to the Roseburg Resources Co. 
draft SHA and draft EA.
     Internet: Documents may be viewed and downloaded on the 
Internet at http://www.fws.gov/ofwo/.
     Email: [email protected]. Include ``Roseburg Resources 
Co. SHA'' in the subject line of the message.
     U.S. Mail: Robin Bown; U.S. Fish and Wildlife Service; 
Oregon Fish and Wildlife Office; 2600 SE 98th Ave., Suite 100, 
Portland, OR 97266.
     Fax: 503-231-6195.
     In-Person Drop-off, Viewing, or Pickup: Call 503-231-6970 
to make an appointment (necessary for viewing or pickup only) during 
regular business hours at the U.S. Fish and Wildlife Service; Oregon 
Fish and Wildlife Office; 2600 SE 98th Ave., Suite 100; Portland, OR 
97266. Written comments can be dropped off during regular business 
hours at the above address on or before the closing date of the public 
comment period (see DATES).

FOR FURTHER INFORMATION CONTACT: Robin Bown, U.S. Fish and Wildlife 
Service (see ADDRESSES), telephone 503-231-6179. If you use a 
telecommunications device for the deaf (TDD), please call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Roseburg Resources Co. has applied to 
the Service for a permit under section 10(a)(1)(A) of the ESA (16 
U.S.C. 1531 et seq.). The permit application includes a draft SHA. The 
Service has drafted an EA addressing the effects of the proposed permit 
action on the human environment.
    The SHA covers approximately 45,100 acres of forest lands owned by 
the Roseburg Resources Co. where timber management activities will 
occur within the experiment treatment portion of the Union/Myrtle 
(Klamath) Study Area near Canyonville in Douglas County, Oregon. The 
SHA addresses timber management activities only in the treatment 
portion of the study area on Roseburg Resources Co. lands. Impacts to 
the threatened northern spotted owl (Strix occidentalis caurina) 
(spotted owl) associated with the experiment in non-treatment portions 
of

[[Page 66992]]

the study area are addressed in an environmental assessment prepared by 
the Service for the experiment (Service 2013a. Final Environmental 
Impact Statement for the Experimental Removal of Barred Owls to Benefit 
Threatened Spotted Owls. Portland, Oregon). The proposed term of the 
permit and the SHA is 10 years. In return for permission to access 
their lands for barred owl (Strix varia) surveys and removal in support 
of the experiment, the permit would authorize take of the spotted owl 
caused by forest management activities on Roseburg Resources Co. lands 
at currently unoccupied, non-baseline sites that may be re-occupied by 
spotted owls as a result of barred owl removal for the term of the 
permit.

Background

    Under a SHA, participating landowners voluntarily undertake 
activities on their property to benefit species listed under the ESA. 
SHAs and their associated permits are intended to encourage private and 
other non-Federal property owners to implement conservation actions for 
federally listed species by assuring the landowners that they will not 
be subjected to increased property use restrictions as a result of 
their conservation efforts. One of the issuance criteria for a SHA is 
that it must provide a net conservation benefit for the covered 
species.
    The assurances provided under a SHA and its associated permit allow 
the property owner to alter or modify the enrolled property to agreed-
upon baseline conditions, even if such alteration or modification 
results in the incidental take of a listed species, provided the 
obligations in the SHA and the terms and conditions of the permit have 
been satisfied. The baseline conditions represent the existing levels 
of use of the property by the species covered in the SHA at the time 
the SHA is established. The SHA assurances are contingent on the 
property owner complying with the obligations in the SHA and the terms 
and conditions of the permit. The SHA's net conservation benefit must 
be sufficient to contribute, either directly or indirectly, to the 
recovery of the covered listed species.
    Permit application requirements and issuance criteria for SHAs are 
found in the Code of Federal Regulations (CFR) at 50 CFR 17.22(c). The 
Service's Safe Harbor Policy (64 FR 32717, June 17, 1999) and the Safe 
Harbor Regulations (68 FR 53320, September 10, 2003; and 69 FR 24084, 
May 3, 2004) are available at http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.

Roseburg Resources Co. Safe Harbor Agreement

    The proposed Roseburg Resources Co. SHA addresses Service access to 
lands administered by the company in support of implementing the 
experiment (Service 2013a. Final Environmental Impact Statement for the 
Experimental Removal of Barred Owls to Benefit Threatened Spotted Owls. 
Portland, Oregon) in the Union/Myrtle (Klamath) Study Area in Douglas 
County, Oregon. The SHA covers about 45,100 acres of Roseburg Resources 
Co. lands where timber management activities will occur within the 
treatment portion of the Union/Myrtle (Klamath) Study Area. The entire 
treatment area covers lands owned by many different landowners. The 
treatment area includes 49 percent Federal lands, <1 percent State 
lands, 27 percent private lands not owned by the company, and 24 
percent Roseburg Resources Co. lands. If barred owl removal leads to 
the re-occupancy of currently unoccupied sites by spotted owls on 
Roseburg Resources Co. lands, some restrictions or limitations on 
forest management activities on these lands could occur in the absence 
of the proposed SHA and permit. Activities covered under the SHA in the 
treatment portion of the study area are routine forest management 
activities: Timber harvest; road maintenance and construction 
activities; and rock pit development.
    The goal of the Roseburg Resources Co. in participating in this SHA 
is to continue to manage their Oregon timberlands utilizing forest 
practices and provide certainty of those forest practices achieving 
economic, community and stewardship values on a long-term sustained 
yield basis while meeting State and Federal regulatory requirements. 
The Roseburg Resources Co. lands within the study area are a critically 
important part of the company's overall operating plans from both a 
short-term and long-term perspective with ongoing forest practices and 
management activities scheduled in accordance with their management 
plan. Absent a SHA and permit the Roseburg Resources Co. anticipates 
potential impacts to their operations as the experiment is implemented 
and maintained, including but not limited to significant changes and 
fluctuations regarding spotted owl occupancy status of well surveyed 
sites and areas on or near Roseburg Resources Co. lands in the 
treatment area after barred owl removal occurs, and potentially short-
term regulatory impacts on or near Roseburg Resources Co. lands after 
barred owl removal in the treatment area occurs.
    The purpose of the Roseburg Resources Co.'s participation in the 
experiment under a SHA is to demonstrate continued good faith 
cooperation with the Service regarding this recovery action, and to 
obtain ESA regulatory assurances during and after the experiment 
period.
    To support the experiment, under the SHA the Roseburg Resources Co. 
will provide the researchers access to the company's lands to survey 
barred owls within the study area, and to remove barred owls located on 
Roseburg Resources Co. lands within the treatment portion of the study 
area. In addition, the Roseburg Resources Co. will defer management 
activities to support actively nesting spotted owls on any reoccupied, 
non-baseline spotted owl sites during the nesting season.

The Service's Proposed Action

    The Service proposes to enter into the SHA and to issue a permit to 
the Roseburg Resources Co. for take of the northern spotted owl caused 
by covered activities, if permit issuance criteria are met. The permit 
would have a term of 10 years, and would be effective on the date of 
issuance.
    As a result of the continued monitoring of spotted owls on Roseburg 
Resources Co. lands as part of ongoing spotted owl surveys conducted 
under the Northwest Forest Plan Monitoring program, we have robust 
annual survey data for the area that was used to establish a baseline 
for the SHA based on the estimated current occupancy status of each 
spotted owl site. Any spotted owl sites where a response was detected 
from at least one resident spotted owl between 2014 and present are 
considered in the baseline for the SHA and would not be subject to take 
authorization under the SHA and the permit. Based on this approach, 
there are 30 baseline (i.e., currently occupied) and 33 non-baseline 
(i.e., currently unoccupied) spotted owl sites in the treatment portion 
of the study area where the Roseburg Resources Co. owns lands.
    The conservation benefit for the northern spotted owl under the SHA 
arises from the Roseburg Resources Co.'s contribution to our assessment 
under the experiment of the efficacy of barred owl removal to the 
recovery of the spotted owl by their allowing Service access to their 
roads and lands for barred owl surveys and, within the treatment area, 
barred owl removal. In the study area landscape of multiple landowners, 
access to interspersed non-Federal roads and lands for barred owl

[[Page 66993]]

surveys and, within the treatment area, barred owl removal is important 
to the efficient and effective completion of the experiment.
    The impact of the increase in non-native barred owl populations as 
they expand in the range of the spotted owls has been identified as one 
of the primary threats to the continued existence of the spotted owl. 
The Recovery Plan for the Northern Spotted Owl includes Recovery Action 
29--``Design and implement large-scale control experiments to assess 
the effects of barred owl removal on spotted owl site occupancy, 
reproduction, and survival'' (Service 2011. Revised Recovery Plan for 
the Spotted Owl (Strix occidentalis caurina), p. III-65. Portland, 
Oregon). The Service developed the experiment to implement this 
Recovery Action, and prepared a FEIS and ROD in 2013 addressing this 
action (Service 2013a. Final Environmental Impact Statement for the 
Experimental Removal of Barred Owls to Benefit Threatened Spotted Owls. 
Portland, Oregon; and Service 2013b. Record of Decision for the 
Experimental Removal of Barred Owls to Benefit Threatened Spotted Owls. 
Portland, Oregon). The experiment includes on four study areas, 
including the Union/Myrtle (Klamath) Study Area. Timely results from 
this experiment are crucial for informing the development of a long-
term barred owl management strategy that is essential to the 
conservation of the northern spotted owl.
    While the experiment can be conducted without access to non-Federal 
lands, failure to remove barred owls from portions of the treatment 
area could reduce the efficiency and weaken the results of the 
experiment regarding any changes in spotted owl population dynamics 
resulting from the removal of barred. These circumstances may warrant 
extending the duration of the experiment to offset these implications. 
The Service has repeatedly indicated the need to gather this 
information in a timely manner.
    Take of spotted owls under this SHA would likely be in the form of 
harm from forest operation activities that result in habitat 
degradation, or harassment from forest management activities that cause 
disturbance to spotted owls. Incidental take in the form of harassment 
by disturbance is most likely to occur near previously occupied spotted 
owl nest sites if they become reoccupied. Harm and harassment could 
occur during timber operations and management that will continue during 
the permit term. Covered activities under the SHA are routine timber 
harvest, road maintenance, and road construction activities, including 
rock pit development that may disturb spotted owls.

Net Conservation Benefit to the Northern Spotted Owl

    As discussed above, Service access to Roseburg Resources Co. lands 
provided for under the SHA is important to the efficient and effective 
completion of the experiment within a reasonable timeframe. Under the 
SHA, all of the currently occupied spotted owl sites on these lands are 
within the baseline for the SHA and no take of spotted owls at these 
sites is would be authorized under the proposed permit. Under the 
permit, if barred owl removal does allow spotted owls to reoccupy non-
baseline sites that are not currently occupied, Roseburg Resources Co. 
will be allowed to incidentally take these spotted owls during the term 
of the permit. It is highly unlikely that these sites would ever be 
reoccupied by spotted owls without the removal of barred owls.
    The removal of barred owls on the Union/Myrtle (Klamath) Study Area 
will end within 10 years. The Service anticipates that, once released 
from the removal pressure, barred owl populations will rebound to pre-
treatment levels within 3 to 5 years. This is likely to result in the 
loss of the spotted owl newly reoccupied sites. Therefore, any spotted 
owl occupancy of these sites is likely to be temporary and short-term.
    The proposed SHA and permit allow for the incidental take of 
spotted owls at 33 non-baseline (i.e., currently unoccupied) sites in 
the treatment portion of the Union/Myrtle (Klamath) Study Area if these 
sites become reoccupied during the barred owl removal study. As 
discussed above, incidental take of spotted owls at non-baseline owl 
sites that may be reoccupied can result from disturbance (e.g., noise) 
from forest management activities or habitat loss. Disturbance with no 
habitat loss is a temporary effect and is not anticipated to disrupt 
the spotted owl sites to a level that would affect the results of the 
experiment. The vast majority of the historic spotted owl site centers 
in the treatment area occur on BLM lands, though a few may occur on 
Roseburg Resources Co. lands. Some of these sites may lie close enough 
to forest management activities on Roseburg Resources Co. lands such 
that disturbance of spotted owls could result if these site centers 
were reoccupied. Take of spotted owls resulting from disturbance to an 
extent that creates the likelihood of injury is anticipated to be 
temporary, short-term, and only likely to occur if forest management 
activities occur very close to nesting spotted owls.
    The Roseburg Resources Co. is a minor owner on 10 of the 33 
baseline sites for the spotted owl, with less than 10 percent of the 
land ownership and less than 10 percent of the remaining spotted owl 
nesting/roosting habitat at these sites. Federal lands contain the 
majority of the remaining spotted owl nesting/roosting habitat on 8 of 
these sites, while private lands contain the majority of the remaining 
habitat at 2 of the 10 sites. Most of the Federal lands are in reserve 
management designations and harvest of spotted owl habitat is not 
likely. Thus, assuming these 8 non-baseline spotted owl sites are re-
occupied by spotted owls, and the Roseburg Resources Co. removed all 
spotted owl habitat remaining on their lands within these sites under 
their permit, some of these sites are likely to remain viable as a 
result of habitat remaining on Federal lands.
    On the remaining 23 sites, the Roseburg Resources Co. owns 10 to 62 
percent of the land and 11 to 62 percent of remaining spotted owl 
nesting/roosting habitat. Habitat removal within these nesting and 
roosting sites could result in loss of habitat suitability leading to 
take of spotted owls if they reoccupy these sites. To avoid or minimize 
the take resulting from disturbance and habitat loss associated with 
timber management activities on their lands, the Roseburg Resources Co. 
will defer management activities to support nesting spotted owls that 
may reoccupy non-baseline sites during the nesting and rearing season 
(March 1 to September 30 of the year). This would allow the spotted owl 
pairs at these sites to potentially produce young and contribute to the 
future spotted owl population.
    As discussed above, the primary conservation value of the 
experiment is the information it provides on the efficacy of removal as 
a tool to manage barred owl populations for the conservation of the 
spotted owl at the range-wide scale. In the landscape of multiple 
landowners that exists within the Union/Myrtle (Klamath) Study Area, 
researcher access to interspersed non-Federal lands for barred owl 
surveys and removal that is important to the efficient and effective 
completion of the experiment within a reasonable time frame would be 
provided under the Roseburg Resources Co. SHA. On that basis, the 
Service finds that the take of spotted owls on the temporarily 
reoccupied sites is potentially greatly offset by the value of the 
information gained from the experiment and its potential contribution 
to the range-wide

[[Page 66994]]

recovery of the spotted owl by the timely development of a long-term 
barred owl management strategy. For this reason, the Service believes 
this SHA would advance the recovery of the spotted owl.

National Environmental Policy Act Compliance

    The Service's entering into the proposed SHA and issuance of a 
permit is a Federal action that triggers the need for compliance with 
the National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.) (NEPA). We have prepared a draft EA to analyze the 
impacts of this proposed action on the human environment in comparison 
to the no-action alternative.

Public Comments

    You may submit comments and materials by one of the methods listed 
in the ADDRESSES section. We request data, new information, or 
suggestions from the public, other concerned governmental agencies, 
Tribes, the scientific community, industry, or any other interested 
party on our proposed Federal action. In particular, we request 
information and comments regarding the following issues:
    1. The direct, indirect, and cumulative effects that implementation 
of the SHA could have on endangered and threatened species;
    2. Other reasonable alternatives consistent with the purpose of the 
proposed SHA as described above, and their associated effects;
    3. Measures that would minimize and mitigate potentially adverse 
effects of the proposed action;
    4. Identification of any impacts on the human environment that 
should have been analyzed in the draft EA pursuant to NEPA;
    5. Other plans or projects that might be relevant to this action;
    6. The proposed term of the permit and whether the proposed SHA 
would provide a net conservation benefit to the spotted owl; and
    7. Any other information pertinent to evaluating the effects of the 
proposed action on the human environment.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety. Comments and materials we receive, as well as supporting 
documentation we used in preparing the draft EA, will be available for 
public inspection by appointment, during normal business hours, at our 
Oregon Fish and Wildlife Office (see ADDRESSES).

Next Steps

    We will evaluate the draft SHA, associated documents, and any 
public comments we receive to determine whether the permit application 
and the EA meet the requirements of section 10(a) of the ESA and NEPA, 
and their respective implementing regulations. We will also evaluate 
whether issuance of a permit would comply with section 7(a)(2) of the 
ESA by conducting an intra-Service section 7 consultation on the 
proposed permit action. If we determine that all requirements are met, 
we will sign the proposed SHA and issue a permit under section 
10(a)(1)(A) of the ESA to the Roseburg Resources Co., for take of the 
northern spotted owl caused by covered activities in accordance with 
the terms of the permit and the SHA. We will not make our final 
decision until after the end of the 30-day public comment period, and 
until we fully consider all comments and information we receive during 
the public comment period.

Authority

    We provide this notice pursuant to section 10(c) of the ESA, its 
implementing regulations (50 CFR 17.22), and NEPA and its implementing 
regulations (40 CFR 1506.6).

Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-23528 Filed 9-28-16; 8:45 am]
BILLING CODE 4333-15-P