[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69291-69294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24980]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R1-ES-2022-0029; ES11140100000-234-FF01E0000]


Draft Environmental Impact Statement for the Elliott State 
Research Forest Habitat Conservation Plan in Coos and Douglas Counties, 
OR

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; notice of public meeting; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS) and the National 
Marine Fisheries Service (NMFS) (together, the Services), have received 
two separate incidental take permit (ITP) applications from the Oregon 
Department of State Lands (ODSL; applicant), associated with ODSL's 
Elliott State Research Forest habitat conservation plan (HCP). The 
applications, including the HCP, have been submitted pursuant to the 
Endangered Species Act. ODSL is seeking authorization from the Services 
for the incidental take of three species (two under FWS jurisdiction, 
and one under NMFS jurisdiction), expected to result from research and 
management activities on the Elliott State Forest in Coos and Douglas 
Counties, Oregon. In accordance with the National Environmental Policy 
Act (NEPA), this notice also announces the availability of a draft 
environmental impact statement (DEIS). FWS is the lead Federal agency 
under NEPA, and NMFS is a cooperating agency. We invite public comments 
on the HCP and DEIS from the public and Federal, Tribal, State, and 
local governments.

DATES: 
    Submitting Comments: We will accept online or hardcopy comments. 
Hardcopy comments must be received or postmarked on or before January 
3, 2023. (See ADDRESSES.) Comments submitted online at https://www.regulations.gov/ must be received

[[Page 69292]]

by 11:59 p.m. Eastern Time on January 3, 2023.
    Virtual Public Meeting: FWS will hold a virtual public meeting on 
December 13, 2022, from 2 to 3:30 p.m. Pacific Time. For more 
information, see Public Comments and Virtual Public Meeting under 
SUPPLEMENTARY INFORMATION.

ADDRESSES: 
    Submitting Comments: You may submit comments by one of the 
following methods:
     Internet: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R1-ES-2022-0029.
     U.S. Mail: Public Comments Processing; Attn: Docket No. 
FWS-R1-ES-2022-0029; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post online any personal information that 
you provide. We request that you submit comments by only the methods 
above. For additional information about submitting comments, see Public 
Comments and Virtual Public Meeting under SUPPLEMENTARY INFORMATION.
    Public Meeting: A link and access instructions to the virtual 
meeting will be posted to https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan/ at least 1 week prior to the 
public meeting date.
    Reviewing U.S. Environmental Protection Agency (EPA) Comments on 
the Draft HCP and DEIS: See EPA's Role in the EIS Process under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Shauna Everett, by telephone at 503-
231-6949, or by email at [email protected]. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(FWS), have prepared a draft environmental impact statement (DEIS) 
pursuant to the requirements of the National Environmental Policy Act 
of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.) to evaluate 
applications for incidental take permits (ITPs) received on October 10, 
2022, from the Oregon Department of State Lands (ODSL; applicant). ODSL 
submitted two applications, one for two species under FWS jurisdiction, 
and the second application for one species under National Marine 
Fisheries Service (NMFS) jurisdiction. NMFS is a cooperating agency 
under NEPA. In support of the ITP applications, the ODSL prepared the 
draft Elliott State Research Forest Habitat Conservation Plan (ESRF 
HCP), which, among other components, specifies the impacts that will 
likely result from the take of covered species, describes the steps the 
applicant will take to avoid, minimize, and mitigate such impacts, and 
explains the funding available to implement such steps.

Background

    Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et 
seq.) prohibits ``take'' of fish and wildlife species listed as 
endangered under section 4 (16 U.S.C. 1538 and 16 U.S.C. 1533, 
respectively). The ESA implementing regulations extend, under certain 
circumstances, the prohibition of take to threatened species (50 CFR 
17.31). Under section 3 of the ESA, the term ``take'' means to 
``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or attempt to engage in any such conduct'' (16 U.S.C. 
1532(19)). The term ``harm'' is defined by FWS regulations as ``an act 
which actually kills or injures wildlife. Such act may include 
significant habitat modification or degradation where it actually kills 
or injures wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, or sheltering'' (50 CFR 17.3; 
see 50 CFR 222.102 for NMFS regulations).
    Under section 10(a) of the ESA, the Services may issue permits to 
authorize incidental take of listed fish and wildlife species. 
``Incidental take'' is defined by the ESA as take that is incidental 
to, and not the purpose of, carrying out an otherwise lawful activity. 
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs to 
non-Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
    1. The taking will be incidental;
    2. The applicant will, to the maximum extent practicable, minimize 
and mitigate the impact of such taking;
    3. The applicant will ensure that adequate funding for the plan 
will be provided;
    4. The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    5. The applicant will carry out any other measures that FWS (or 
NMFS) may require as being necessary or appropriate for the purposes of 
the HCP.

Applicant's Proposal

    In accordance with the requirements of the ESA, ODSL is requesting 
authorization of incidental take of the threatened northern spotted owl 
(Strix occidentalis caurina), threatened marbled murrelet 
(Brachyramphus marmoratus), and threatened Oregon Coast coho salmon 
(Oncorhynchus kisutch) (together, the covered species), each of which 
is known to occur in the Elliott State Forest. Incidental take permits 
for the northern spotted owl and marbled murrelet fall under the 
jurisdiction of FWS; incidental take permits for the Oregon Coast coho 
salmon fall under the jurisdiction of NMFS.
    ODSL is seeking incidental take coverage for a variety of research 
and management activities on the Elliott State Forest, located in Coos 
and Douglas Counties in southwestern Oregon. The proposed covered 
activities include forest research treatments, timber removal, forest 
and species research projects, supporting management activities, 
supporting infrastructure management, and activities identified in the 
conservation strategy and monitoring program that may result in effects 
on covered species. These activities are described further in the draft 
HCP and in the DEIS. The proposed permit term is 80 years.
    The draft HCP and DEIS include analyses of projected impacts to 
covered species. ODSL anticipates that take of northern spotted owl or 
murrelets is likely to occur as a result of habitat loss and 
modification. For this reason, and because it is not practical to 
detect take of individual northern spotted owls or marbled murrelets, 
ODSL has established modeled habitat units as a surrogate for use in 
take estimates. Similarly, to estimate take for Oregon Coast coho 
salmon, ODSL established surrogate habitat units based on the 
proportion of each independent population within the permit area and 
the acres of projected harvest levels within the watersheds that 
overlap with each evolutionarily significant unit. More details 
regarding ODSL's methodology for estimating and quantifying take and 
related conservation outcomes over time can be found in the draft HCP.
    Measures to minimize and mitigate impacts on covered species are 
described in the draft HCP for each species as conservation measures 
and conditions on covered activities, guided by goals and objectives in 
the conservation strategy of the HCP. ODSL

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would monitor implementation of these measures for compliance and 
effectiveness. Minimization and mitigation measures are subject to 
adaptive management to ensure their effectiveness, and to ensure 
achievement of the ESRF HCP's biological goals and objectives.
    The ESRF HCP includes funding information and assurances, 
monitoring requirements, adaptive management, and provisions for 
changed and unforeseen circumstances to help ensure conservation 
outcomes for the covered species over the permit term. Annual reports 
to the Services would confirm the amount, type, and location of impacts 
and mitigation, as well as the status of monitoring, adaptive 
management, changed circumstances, and funding.

National Environmental Policy Act Compliance

Draft Environmental Impact Statement

    The FWS, with input from NMFS as a cooperating agency, prepared a 
draft environmental impact statement (DEIS) to evaluate the impacts of 
the proposed ITP action on the human environment, consistent with the 
purpose and goals of NEPA (42 U.S.C. 4321 et seq.). This DEIS was 
prepared pursuant to the Council on Environmental Quality's 
implementing NEPA regulations at 40 CFR parts 1500-1508, which became 
effective on May 20, 2022 (April 20, 2022, 87 FR 23453). The DEIS 
analyzes the proposed action and a reasonable range of alternatives to 
the proposed action. The environmental consequences of each 
alternative, including the direct, indirect, and cumulative effects, 
were analyzed to determine if significant impacts to the human 
environment would occur. Four alternatives are analyzed in detail in 
the DEIS.
    Alternative 1--No-Action Alternative: The Services would not issue 
incidental take authorizations to ODSL, and ODSL would not implement 
the HCP. ODSL's mandate to manage lands under its jurisdiction with the 
objective of obtaining the greatest benefit for the people of the 
State, consistent with the conservation of the resource under sound 
techniques of land management, would remain in place, and ODSL would 
continue to be subject to the ESA as well as other Federal, State, and 
local requirements for any forest management activities in the Elliott 
State Forest. The No Action alternative assumes that ODSL would manage 
the Elliott State Forest for timber harvest using a take avoidance 
approach to ESA compliance.
    Alternative 2--Proposed Action: The Services would, in accordance 
with applicable law, issue the requested ITPs to ODSL for the 
incidental take of covered species from covered activities in the 
permit area and implementation of the conservation strategy for a term 
of 80 years. ODSL would implement the ESRF HCP and its conservation 
strategy, including conditions on covered activities, mitigation 
measures to offset the impacts of the taking on covered species, and 
monitoring and reporting requirements. ODSL would provide funding for 
HCP implementation.
    Alternative 3--Increased Conservation: The Services would, in 
accordance with applicable law, issue ITPs to ODSL with the same permit 
area, permit term, covered species, and monitoring and adaptive 
management program as the proposed action. The HCP's covered activities 
and conservation strategy would be modified to allocate additional 
covered species' habitat and forest stands of a certain age (>80 years) 
to reserves; expand protected riparian areas around certain categories 
of streams, prohibit harvest activities such as restoration thinning on 
steep slopes and in stands of a certain age (>65 years), and implement 
additional conditions for permanent new road miles and vacated roads.
    Alternative 4--Increased Harvest: The Services would issue ITPs to 
ODSL with the same permit area, covered activities, covered species, 
permit term, and monitoring and adaptive management program as the 
proposed action. The HCP's research design would be modified to 
eliminate reserve areas located outside of occupied and modeled 
potential marbled murrelet habitat. In these areas, intensive and 
extensive prescriptions would be applied to stands under 65 years of 
age as of 2020 and over 65 years of age as of 2020, respectively. 
Protected riparian areas would be reduced around certain categories of 
streams and on the Lower Millicoma River. Under this alternative, the 
requirement for no net increase in permanent road miles in certain 
conservation areas would not apply.

EPA's Role in the EIS Process

    The EPA is charged under section 309 of the Clean Air Act with 
reviewing all Federal agencies' EISs and commenting on the adequacy and 
acceptability of the environmental impacts of proposed actions. Under 
the CEQ NEPA regulations, EPA is also responsible for administering the 
EIS filing process. EPA is publishing a notice in the Federal Register 
announcing this DEIS. The publication date of EPA's notice of 
availability is the official beginning of the public comment period. 
EPA serves as the repository (EIS database) for EISs prepared by 
Federal agencies. You may search for EPA comments on EISs, along with 
EISs themselves, at https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

Public Comments and Virtual Public Meeting

Submitting Comments

    You may submit your comments and materials on the draft HCP and the 
DEIS by one of the methods in ADDRESSES. We specifically request 
information on the following:
    1. Biological information, analysis, and relevant data concerning 
the covered species, other wildlife, and ecosystems.
    2. Potential effects that the proposed permit actions could have on 
the covered species, and other endangered or threatened species, and 
their habitats, including the interaction of the effects of the project 
with climate change and other stressors.
    3. Adequacy of the proposed actions to minimize and mitigate the 
impact of the taking on covered species, including but not limited to 
conservation measures, conditions on covered activities, and adaptive 
management procedures.
    4. Potential effects that the proposed permit action could have on 
other aspects of the human environment, including effects on plants and 
animals, water resources, and aesthetic, historic, cultural, economic, 
social, environmental justice, climate change, or health effects.
    5. The alternatives analysis conducted by FWS, including the 
alternatives analyzed, the range of alternatives analyzed, and the 
alternatives considered but not analyzed in detail.
    6. The presence of historic properties--including archaeological 
sites, buildings and structures, historic events, sacred and 
traditional areas, and other historic preservation concerns--in the 
proposed permit area, which are required to be considered in project 
planning by the National Historic Preservation Act.
    7. Cumulative effects, which are effects on the environment that 
result from the incremental effects of the action when added to the 
effects of other past, present, and reasonably foreseeable actions, as 
well as any connected actions that are closely related and should be 
discussed in the same DEIS.
    8. The alternatives, information, and analyses submitted during the 
public

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scoping period and the summary thereof.
    9. Other information relevant to the ESRF HCP and its impacts on 
the human environment.

Virtual Public Meeting

    To provide for the wide attendance of interested parties and help 
protect the public from potential spread of the COVID-19 virus, a 
virtual public meeting will be conducted. See DATES and ADDRESSES for 
the date and time of the virtual public meeting. During the virtual 
public meeting, ODSL and the Services will present information 
pertinent to the ESRF HCP and give the public the opportunity to ask 
questions about the draft HCP and DEIS. Oral comments will not be 
accepted during the meeting; written comments may be submitted by the 
methods listed in ADDRESSES.

Reasonable Accommodations

    Persons needing reasonable accommodations in order to participate 
in the public meeting should contact the Service's Oregon Fish and 
Wildlife Office as soon as possible, using one of the methods listed in 
ADDRESSES. In order to allow sufficient time to process requests, 
please make contact at least 15 days before the public meeting. 
Information regarding this proposed action is available in alternative 
formats upon request.

Public Availability of Comments

    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. Before including your address, phone number, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--might be made publicly available at any time. While you 
can ask us in your comment to withhold your personal identifying 
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 references for 
supporting documentation we used in preparing the DEIS, will be 
available for public inspection online in Docket No. FWS-R1-ES-2022-
0029 at https://www.regulations.gov/ (see FOR FURTHER INFORMATION 
CONTACT).

Next Steps and Decision To Be Made

    After public review and comment, the Services will evaluate the 
respective permit applications, associated documents, and any comments 
received, to determine whether the permit applications meet the 
requirements of section 10(a)(1)(B) of the ESA. The decisions will also 
be informed by the data, analyses, and findings in the EIS and public 
comments received on the Draft EIS and HCP. The Services will each 
document their determinations independently in an ESA section 10 
findings document, ESA section 7 biological opinion, and a NEPA record 
of decision developed at the conclusion of the ESA and NEPA compliance 
processes. FWS expects to submit a Final EIS for publication in the 
Federal Register by June 2023. At least 30 days after the FEIS is 
published, we expect that the Services will complete records of 
decision on the requested ITPs in accordance with applicable timeframes 
established in 40 CFR 1506.11, and that the Services will issue 
decisions on the requested ITPs. The current estimate for the issuance 
of records of decision is August 2023.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA (16 U.S.C. 1539(c)) and NEPA and its 
implementing regulations (40 CFR 1503.1 and 1506.6).

Nanette Seto,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-24980 Filed 11-17-22; 8:45 am]
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