[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72881-72882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20073]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

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


Record of Decision for the Barred Owl Management Strategy; 
Washington, Oregon, and California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; record of decision.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces the 
availability of a record of decision (ROD) for the final environmental 
impact statement for the Barred Owl Management Strategy (strategy) in 
Washington, Oregon, and California. With this notice, we also make 
available the final strategy. The ROD documents the Service's decision 
to select the preferred alternative to address the threat that the 
nonnative and invasive barred owl (Strix varia) poses to the northern 
spotted owl (Strix occidentalis caurina) and the California spotted owl 
(Strix occidentalis occidentalis).

ADDRESSES: You may obtain copies of the ROD and other documents 
associated with the decision 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.
     Upon Request: You may request alternative formats of the 
documents directly from the Service (see FOR FURTHER INFORMATION 
CONTACT).

FOR FURTHER INFORMATION CONTACT: Robin Bown, U.S. Fish and Wildlife 
Office, Oregon Fish and Wildlife Office, 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 its record of decision (ROD) for the 
final environmental impact statement (EIS) for the Barred Owl 
Management Strategy (strategy) in Washington, Oregon, and California 
developed in compliance with agency decision-making requirements of the 
National Environmental Policy Act of 1969, as amended (NEPA). 
Implementation of the selected strategy focuses on the removal of the 
nonnative and invasive barred owl populations in identified management 
areas in Washington, Oregon, and California. Where barred owls are in 
the early stages of invasion, such as in the California spotted owl's 
range, the strategy allows for removal of all barred owls in order to 
prevent establishment of barred owl populations. 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). 
This decision includes issuance of a Migratory Bird Special Purpose 
permit under the Migratory Bird Treaty Act (MBTA).

[[Page 72882]]

    Spotted owls are native to western North America. Competition from 
barred owls (Strix varia) has been identified as a primary threat to 
the northern spotted owl (Strix occidentalis caurina), 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 
(Strix occidentalis occidentalis), which the Service has proposed for 
listing (88 FR 11600; February 23, 2023). Barred owls, native to 
eastern North America, began to expand their range around 1900 as a 
likely result of European settlement. Barred owls are larger and more 
aggressive than the northern spotted owl and the California spotted 
owl. Upon reaching the Pacific Northwest, barred owls 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 purpose of this 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.
    The Service published a notice of intent (NOI) in the Federal 
Register to develop an EIS for this project on July 22, 2022 (87 FR 
43886). The Service published a notice of availability (NOA) for the 
draft EIS on November 17, 2023 (88 FR 80329) and published an NOA for 
the final EIS on July 5, 2024 (89 FR 55647). The EIS analyzed the 
environmental consequences of the preferred action (Alternative 2, 
Management Strategy Implementation), a no action alternative, and four 
alternatives to the preferred action outlining different management 
frameworks for entities (Federal, State or Tribal government agencies, 
or private landowners) to implement barred owl management. All action 
alternatives included issuance of an MBTA Special Purpose permit for 
management to reduce barred owl populations in areas within the 
northern spotted owl's range and to prevent establishment of barred owl 
populations within the California spotted owl's range.
    We are advising the public of the availability of the ROD, 
documenting the Service's decision to issue a Migratory Bird Special 
Purpose permit pursuant to the MBTA under EIS, Alternative 2, 
Management Strategy Implementation (Preferred Alternative). Alternative 
2 combines three approaches to barred owl management within the 
northern spotted owl's range and focuses on early detection and rapid 
response in the California spotted owl's range. Alternative 2 best 
accomplishes the purpose and need for action because it will allow for 
rapid implementation of barred owl management on specific areas across 
the range of the northern spotted owl in a manner that allows for a 
swift reduction in barred owl numbers and the impact of barred owls 
within these targeted management areas. The focus in Alternative 2 on 
location and removal of all barred owls in the range of the California 
spotted owl and associated invasion pathways will also limit the 
invasion of barred owls and allow for removal of those individuals that 
succeed in establishing territories in the subspecies' range.
    The Service has prepared this ROD 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). Because the Service published a notice of intent (NOI) 
to develop an EIS for this project on July 22, 2022, prior to the July 
1, 2024, effective date for the Council on Environmental Quality's 
updated NEPA regulations, the draft EIS, final EIS, and ROD were 
prepared according to the 2022 regulations.

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. 2024-20073 Filed 9-5-24; 8:45 am]
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