[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55647-55649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14724]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R1-ES-2022-0074; ES11140100000-245-FF01E0000]


Final Environmental Impact Statement for the Barred Owl 
Management Strategy; Washington, Oregon, and California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; final environmental impact statement.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) developed a 
proposed barred owl management strategy (strategy) to address the 
threat that the nonnative and invasive barred owl (Strix varia) poses 
to two native western owl subspecies--the northern spotted owl (Strix 
occidentalis caurina) and the California spotted owl (Strix 
occidentalis occidentalis). In accordance with the National 
Environmental Policy Act, this notice announces the availability of a 
final environmental impact statement (FEIS) evaluating the impacts on 
the human environment related to the proposed management strategy and 
associated take of barred owls, which is prohibited under the Migratory 
Bird Treaty Act unless authorized by the Service by permit or 
regulation. With this notice, we also make available the revised 
proposed management strategy.

DATES: The Service's decision on the proposed management strategy will 
occur no sooner than 30 days after publication of the U.S. 
Environmental Protection Agency's notice of availability of the FEIS in 
the Federal Register, and will be documented in a record of decision.

ADDRESSES: You may obtain copies of the strategy and FEIS documents by 
any of the following methods:
     Internet: https://www.regulations.gov (search for Docket 
No. FWS-R1-ES-2022-0074) or at https://www.fws.gov/project/barred-owl-management.
     Phone: You may call Robin Bown at 503-231-6923, to request 
alternative formats of the documents.

FOR FURTHER INFORMATION CONTACT: Robin Bown, U.S. Fish and Wildlife 
Office, Oregon Fish and Wildlife Office (see ADDRESSES), by telephone 
at 503-231-6923, 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: The U.S. Fish and Wildlife Service (Service) 
announces the availability of a final environmental impact statement 
(FEIS) addressing the proposed barred owl management strategy 
(strategy) developed to address the threat that the nonnative and 
invasive barred owl poses to two native western owl subspecies, the 
northern spotted owl (Strix occidentalis caurina) and the California 
spotted owl (Strix occidentalis occidentalis). Implementation of the 
proposed management strategy would involve the reduction of barred owl 
populations in designated management areas in Washington, Oregon, and 
northern California. Where barred owls are in the early stages of 
invasion in the California spotted owl's range, the proposed strategy 
would allow for removal of all barred owls in order to prevent 
establishment of barred owl populations.
    This FEIS provides updates and clarifications to information 
presented in the draft environmental impact statement (DEIS), including 
revisions in response to issues raised in comments received during the 
public review period for that document, and identifies a preferred 
alternative. The Service, with input from 11 Federal and State 
cooperating agencies, has prepared this FEIS pursuant to the Council on 
Environmental Quality's (CEQ's) implementing NEPA regulations at 40 CFR 
parts 1500-1508, which became effective on May 20, 2022 (87 FR 23453; 
April 20, 2022).

[[Page 55648]]

Background

    Spotted owls are native to western North America. Competition from 
nonnative and invasive barred owls has been identified as a primary 
threat to the northern spotted owl, which is listed as threatened under 
the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), as well as a 
threat to the persistence of California spotted owl, which the Service 
has proposed for listing (88 FR 11600; February 23, 2023). Additional 
primary threats include the loss of habitat to timber harvest on non-
Federal lands and to wildfires on Federal and non-Federal lands.
    Barred owls, native to eastern North America, began to expand their 
range around 1900. Barred owls are larger and more aggressive than the 
northern spotted owl and the California spotted owl. Upon reaching the 
Pacific Northwest, barred owls quickly displaced spotted owls from 
their historic territories. Without management of barred owls, 
extirpation of northern spotted owls from major portions of their 
historic range is likely in the near future. While barred owls have not 
substantially impacted California spotted owl populations to date, the 
establishment of a small barred owl population in the northern Sierra 
Nevada mountains, and the history of the invasion and impacts on 
northern spotted owls following such expansion, demonstrates that 
barred owls are also a significant threat to the persistence of 
California spotted owls.
    The barred owl is protected under the Migratory Bird Treaty Act 
(MBTA; 16 U.S.C. 703-712), which prohibits take of protected migratory 
bird species unless authorized by the Service through permit or 
regulation (50 CFR 21.10).

Purpose and Need for the Proposed Action

    The purpose of this proposed action is to reduce barred owl 
populations to improve the survival and recovery of northern spotted 
owls and to prevent declines in California spotted owls from barred owl 
competition. Relative to northern spotted owls, the purpose is to 
reduce barred owl populations within selected treatment areas in the 
short term and to increase northern spotted owl populations in those 
treatment areas. Relative to the California spotted owl, the purpose is 
to limit the invasion of barred owls into the range of the subspecies 
and to provide for a rapid response to reduce barred owl populations 
that may become established.
    As described in the FEIS, these actions are needed because barred 
owls compete with northern and California spotted owls. Competition 
from the barred owl is a primary cause of the rapid and ongoing decline 
of northern spotted owl populations. Due to the rapidity of the 
decline, it is critical that we manage barred owl populations to reduce 
their negative effects before northern spotted owls are extirpated from 
large portions of their native range. There is also a need to focus on 
limiting the invasion of barred owls into the California spotted owl 
range, as we expect that additional impacts to California spotted owl 
populations would be inevitable without barred owl management, and 
invasive species are very difficult to remove once established.

Proposed Action and Alternatives

    The proposed action, identified as the preferred alternative in the 
FEIS, is the issuance of a Migratory Bird Special Purpose permit under 
the MBTA (50 CFR 21.95) and implementation of the management strategy. 
The FEIS analyzed the proposed action, a no action alternative, and 
four alternatives to the proposed action, including the environmental 
consequences of each alternative. All action alternatives include 
issuance of an MBTA permit for management to reduce barred owl 
populations in areas within the northern spotted owl's range, and 
prevent establishment of barred owl populations within the California 
spotted owl's range. The locations and relative priorities for removal 
would vary by action alternative. None of the alternatives would 
require any entity to implement barred owl management; rather, they 
outline various combinations of management approaches, geographic 
areas, and other components that would allow for and guide management 
actions and the ability to prioritize areas of greatest need.
    Six alternatives are analyzed in detail in the FEIS:
    Alternative 1--No Action: Under the no action alternative, a 
comprehensive management strategy would not be finalized or 
implemented, and the Service would not issue an MBTA permit for 
systematic management of barred owls. Ongoing barred owl removal as 
part of research efforts in California would still occur, and future 
efforts that may be proposed anywhere in the range of the spotted owl 
could still occur.
    Alternative 2--Management Strategy Implementation (Preferred 
Alternative): Under the preferred alternative, the proposed strategy 
would include three approaches to barred owl management within the 
northern spotted owl's range: spotted owl site management, General 
Management Areas with associated Focal Management Areas, and Special 
Designated Areas. In the California spotted owl's range, where we are 
focused on early detection and rapid response at the invasion front, 
the proposed action focuses on surveys, inventory, and monitoring to 
detect invading barred owls, and rapid removal of any barred owls 
detected.
    Alternative 3--Management Across the Range: Under this alternative, 
barred owl management could be implemented anywhere within the range of 
the northern or California spotted owls or within 15 miles of the range 
of the subspecies on up to 50 percent of the area.
    Alternative 4--Limited Management by Province/Population: Within 
the northern spotted owl's range, this alternative would focus barred 
owl management on a single large General Management Area within each 
physiographic province. In the California spotted owl's range, barred 
owl management would be delayed until detections reached 10 percent of 
surveys in areas within the Sierra Nevada portion of the population, or 
5 percent within the Coastal-Southern California portion of the 
province.
    Alternative 5--Management Focused on Highest Risk Areas: In the 
northern spotted owl's range, this alternative would focus barred owl 
management in the northern provinces, where the subspecies is at 
greatest risk of extirpation from barred owl competition. In the 
California spotted owl's range, barred owl management would be limited 
to the northern Sierra Nevada portion of the subspecies' range.
    Alternative 6--Management Focused on Best Conditions: This 
alternative would focus barred owl management in the southern portion 
of the northern spotted owl's range. In the California spotted owl's 
range, barred owl management would be focused on areas with the best 
remaining habitat and areas with higher fire resiliency.

Lead and Cooperating Agencies

    The Service is the lead agency for the NEPA process, including 
development of the FEIS. The following agencies were cooperating 
agencies in the NEPA process and provided input and assistance with the 
development of the FEIS: U.S. Forest Service (Regions 5 and 6), Bureau 
of Land Management (Oregon), Bureau of Land Management (California), 
National Park Service (Interior Regions 8, 9, 10, 12), Animal and Plant 
Health Inspection Service-Wildlife Services (U.S. Department of

[[Page 55649]]

Agriculture), Washington State Department of Fish and Wildlife, 
Washington State Department of Natural Resources, Oregon Department of 
Forestry, Oregon Department of Fish and Wildlife, California Department 
of Fish and Wildlife, and California Department of Forestry and Fire 
Protection.

Anticipated Permits and Authorizations

    As described above, if an action alternative is selected, the 
Service expects to obtain a Migratory Bird Special Purpose permit under 
the MBTA to implement the selected management strategy. Depending on 
the location and landowners involved in implementation of the 
management strategy, barred owl management could require additional 
Federal and State permits. We anticipate the potential need for 
implementors to acquire permits from the States of Washington, Oregon, 
and California to carry out the proposed barred owl removal actions 
under the proposed management strategy.

Public Involvement

    The Service published a notice of intent to prepare an EIS, opening 
a public scoping period on July 22, 2022 (87 FR 43886), which closed on 
August 22, 2022. A virtual public scoping meeting was held July 28, 
2022. The Service prepared a DEIS and opened a 60-day public comment 
period on the DEIS and draft management strategy on November 17, 2023 
(88 FR 80329). Two virtual public meetings were held, on December 4, 
2023, and December 14, 2023, during the comment period, which ended on 
January 16, 2024. A total of 8,613 public comments were received during 
the DEIS comment period, including duplicates.
    In preparing the FEIS, the Service considered all of the public 
comments on the DEIS and draft strategy in accordance with the 
requirements of NEPA (42 U.S.C. 4321 et seq.) and pursuant to the CEQ's 
implementing NEPA regulations at 40 CFR parts 1500-1508.

Environmental Protection Agency's Role in the EIS Process

    The Environmental Protection Agency (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 FEIS. 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.

Next Steps and Decision To Be Made

    The Service will evaluate the associated documents and public 
comments received during the public comment periods in reaching a final 
decision on the proposed management strategy and issuance of an MBTA 
permit. At least 30 days after the FEIS is published, the Service 
expects to complete a record of decision pursuant to 40 CFR 1505.2, in 
accordance with applicable timeframes established in 40 CFR 1506.11. 
The Service expects to issue a record of decision in August 2024.

Authority

    We provide this notice in accordance with the requirements of NEPA 
and its implementing regulations (40 CFR 1503.1 and 1506.6).

Hugh Morrison,
Regional Director, Pacific Region.
[FR Doc. 2024-14724 Filed 7-3-24; 8:45 am]
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