[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73504-73506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25359]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2020-N143; FXES11140100000-212-FF01E00000]


Draft Safe Harbor Agreements and Draft Environmental Assessments 
for the Marbled Murrelet in Washington State

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), received two 
applications for enhancement of survival permits (permits) pursuant to 
the Endangered Species Act of 1973, as amended. The permits would 
authorize the incidental take of the threatened marbled murrelet 
associated with forest management actions on private lands. The 
applications each include a safe harbor agreement (SHA), describing the 
actions the applicants will take to achieve a net conservation benefit 
on their lands for the species. We also announce the availability of 
two draft environmental assessments (EAs) addressing the effects of the 
proposed permits and SHAs on the human environment in accordance with 
the National Environmental Policy Act. We invite comments from all 
interested parties.

DATES: To ensure consideration, please submit written comments by 
December 18, 2020.

ADDRESSES: You may view or download copies of the SHAs and draft EAs 
and obtain additional information on the internet at http://www.fws.gov/wafwo/. 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 ``Marbled Murrelet 
SHAs in Washington:''
     Email: [email protected].
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N143 U.S. Fish and Wildlife Service; Washington Fish and Wildlife 
Office, 510 Desmond Drive SE, Suite 102; Lacey, WA 98503.

FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning 
and Hydropower Branch Manager, Washington Fish and Wildlife Office (see 
ADDRESSES); telephone: 360-753-5823 or 360-951-4303. If you use a 
telecommunications device for the deaf, please call the Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Service received applications from the 
Rayonier Operating Company, LLC (Rayonier), and the Sierra Pacific Land 
& Timber Company Operating Company (Sierra Pacific) (jointly, the 
applicants) for enhancement of survival permits (permits) pursuant to 
section 10(a)(1)(A) of the Endangered Species Act (ESA; 16 U.S.C. 1531 
et seq.). The applications each request a permit that would authorize 
``take'' of the threatened marbled murrelet associated with forest 
management actions on private lands, with implementation of a Safe 
Harbor Agreement (SHA). The SHAs describe actions the applicants will 
take to achieve a net conservation benefit for the covered species on 
the applicants' lands. The Service also announces the availability of 
two draft environmental assessments (EAs) addressing the effects of the 
proposed permits and SHAs on the human environment in accordance with 
the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). 
We invite comments from all interested parties regarding the permit 
applications, including the SHAs and draft EAs.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered (16 U.S.C. 1538(a)(1)). Section 4 of the 
ESA allows FWS to issue regulations which prohibit the take of any fish 
and wildlife species listed as threatened, as well (16 U.S.C. 1533(d)). 
The take prohibition has been extended to the marbled murrelet. Under 
the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined in our 
regulations, includes significant habitat modification or degradation 
that results in death or injury to listed species by significantly 
impairing essential behavioral patterns, including breeding, feeding, 
or sheltering (50 CFR 17.3). The term ``harass'' is defined in our 
regulations as an intentional or negligent act or

[[Page 73505]]

omission which creates the likelihood of injury to listed species by 
annoying it to such an extent as to significantly disrupt normal 
behavioral patterns, which include, but are not limited to, breeding, 
feeding, or sheltering (50 CFR 17.3). Incidental take is defined as 
take that is incidental to, and not the purpose of, the carrying out of 
an otherwise lawful activity (50 CFR 17.3).
    Under an SHA, participating landowners undertake management 
activities on their property to enhance, restore, or maintain habitat 
conditions for species listed under the ESA to an extent that is likely 
to result in a net conservation benefit for the covered listed species. 
An SHA, and the associated enhancement of survival permit issued to 
participating landowners, encourages private and other non-Federal 
property owners to implement conservation actions for federally listed 
species by assuring the participating landowners that they will not be 
subject to increased property use restrictions as a result of their 
efforts to either attract listed species to their property, or to 
increase the numbers or distribution of listed species already on their 
property.
    An SHA and its associated permit allow the property owner to alter 
or modify the enrolled property back to agreed-upon pre-permit baseline 
conditions at the end of the term of the permit, even if such 
alteration or modification results in the incidental take of a listed 
species. The baseline conditions must reflect the known biological and 
habitat characteristics that support existing levels of use of the 
enrolled property by the species covered in the SHA. The authorization 
to take listed species is contingent on the property owner complying 
with obligations in the SHA and the terms and conditions of the permit. 
The SHA's net conservation benefits must be sufficient to contribute, 
either directly or indirectly, to the recovery of the covered listed 
species. Enrolled landowners may make lawful use of the enrolled 
property during the term of the permit and may incidentally take the 
listed species named on the permit in accordance with the terms and 
conditions of the permit.
    Permit application requirements and issuance criteria for 
enhancement of survival permits for SHAs that involve species listed as 
threatened, such as the marbled murrelet, are found in the Code of 
Federal Regulations (CFR) at 50 CFR 17.32(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.

Proposed Actions

    The applicants have both developed SHAs in support of their 
applications for enhancement of survival permits, pursuant to section 
10(a)(1)(A) of the ESA. Rayonier's proposed SHA is for forest 
management activities on over 212,400 acres of privately owned lands 
located in eleven counties in western Washington. Sierra Pacific's 
proposed SHA is for forest management activities on over 184,300 acres 
of privately owned lands located in six counties in western Washington. 
The Service's proposed actions are issuance of the requested permits 
and implementation of the SHAs.
    The requested permits would allow the applicants to maintain or 
increase potential nesting habitat for the threatened marbled murrelet 
on their lands, while providing incidental take authorization for 
marbled murrelets associated with timber harvesting and other forest 
management activities when conducted on the covered lands. Under the 
proposed SHAs, the applicants will continue to manage their forest 
lands for timber production in compliance with the Washington Forest 
Practices Rules, which include provisions for the protection of 
forested buffers along rivers, streams, wetlands, and unstable slopes. 
Under the SHAs, the applicants will continue to protect all previously-
documented occupied marbled murrelet habitat on their lands. 
Additionally, each applicant will defer harvest in certain other areas 
identified as potential marbled murrelet nesting habitat on their lands 
for the term of their respective SHA. By volunteering to defer timber 
harvest in certain areas, the proposed SHAs protect more forest habitat 
on their lands than would otherwise be protected under existing forest 
practices rules. The term of the permits would extend to 2056, to 
coincide with the term of the 2006 Washington Forest Practices Habitat 
Conservation Plan, which provides take coverage for other ESA-listed 
salmon and other aquatic species.

National Environmental Policy Act Compliance

    The proposed issuance of a permit is a Federal action that triggers 
the need for compliance with NEPA. Pursuant to the requirements of 
NEPA, we have prepared two draft EAs to analyze the environmental 
impacts of a reasonable range of alternatives to the proposed Federal 
permit actions. As the EAs were developed prior to the Council on 
Environmental Quality's issuance of updated regulations implementing 
NEPA, which went into effect on September 14, 2020 (40 CFR 1506.13), 
they were developed under the previous regulations in the interest of 
time and efficiency.
    The EAs analyze similar alternatives, and each includes a no-action 
alternative, the proposed action, and an additional action alternative. 
For each EA, the proposed action is implementation of the SHA and 
issuance of the requested permit, as described above and in more detail 
in the individual SHAs. Each EA also analyses a no-action alternative, 
where the proposed Federal action of issuing the permit would not 
proceed, and one additional alternative analyzing a variation on the 
type and amount of habitat being considered to meet the net 
conservation benefit standard.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. We specifically request information, 
views, and opinions from interested parties regarding our proposed 
Federal actions, including on the adequacy of the SHAs pursuant to the 
requirements for permits at 50 CFR parts 13 and 17 and the adequacy of 
the draft EAs pursuant to the requirements of NEPA.

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.

Next Steps

    After public review and completion of the EAs, we will determine 
whether the proposed actions warrant findings of no significant impact 
or whether environmental impact statements should be prepared. We will 
evaluate the permit applications, associated documents, and any 
comments received, to determine whether each

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permit application meets the requirements of section 10(a)(1)(A) of the 
ESA. We will also evaluate whether issuance of the requested permits 
would comply with section 7(a)(2) of the ESA by conducting separate 
intra-Service consultations on each proposed permit action. The final 
NEPA and permit determinations will not be completed until after the 
end of the 30-day comment period and will fully consider all comments 
received during the comment period. If we determine that all 
requirements are met, we intend to issue enhancement of survival 
permits under section 10(a)(1)(A) of the ESA.

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321 
et seq.) and their implementing regulations (50 CFR 17.32 and 40 CFR 
1506.6, respectively).

Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-25359 Filed 11-17-20; 8:45 am]
BILLING CODE 4333-15-P