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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 2013-2015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00264]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R1-ES-2022-0029; ES11140100000-256-FF01E0000]

Final Environmental Impact Statement for the Elliott State 
Research Forest Habitat Conservation Plan in Coos and Douglas Counties; 
Oregon

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 (FWS) announces the 
availability of a final environmental impact statement (FEIS) for the 
evaluation of incidental take permit applications and a supporting 
habitat conservation plan (HCP) developed by the Oregon Department of 
State Lands (ODSL; applicant). The applicant seeks incidental take 
permits from FWS and the National Marine Fisheries Service (together, 
the Services) to authorize the incidental take of three species 
expected to result from research and management activities on the 
Elliott State Research Forest in Coos and Douglas Counties, Oregon. 
With this notice, we also make available the final Elliott State 
Research Forest Habitat Conservation Plan submitted by the applicant.

DATES: The Services' decisions on the incidental take permit 
applications 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 records of 
decision by the Services.

ADDRESSES: You may obtain copies of the HCP and FEIS by any of the 
following methods:
     Internet: https://www.regulations.gov (search for Docket 
No. FWS-R1-ES-2022-0029) or at https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan.
     Phone: You may call Shauna Everett at 503-231-6949, to 
request alternative formats of the documents.

FOR FURTHER INFORMATION CONTACT: Shauna Everett, U.S. Fish and Wildlife 
Office, Oregon Fish and Wildlife Office (see ADDRESSES), 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

[[Page 2014]]

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) 
announce the availability of a final environmental impact statement 
(FEIS) to address the Oregon Department of State Lands' (ODSL; 
applicant) proposal related to its activities in managing the Elliott 
State Research Forest (ESRF) pursuant to ODSL's Habitat Conservation 
Plan (ESRF HCP). In accordance with the requirements of the Endangered 
Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.), the applicant 
seeks an incidental take permit (ITP) authorizing 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). 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 
the National Marine Fisheries Service (NMFS) (together, the Services).
    If issued, the ITPs would authorize take of the covered species 
that may occur incidental to a variety of research and management 
activities on the Elliott State Research Forest (ESRF) in Coos and 
Douglas Counties, Oregon, for a period of 80 years. In support of the 
ITP applications, ODSL prepared the ESRF HCP to specify the impacts 
that will likely result from the take of covered species and the steps 
the applicant would take to avoid, minimize, and mitigate such impacts. 
The applicant's HCP also explains proposed monitoring and adaptive 
management procedures, changed circumstances, and funding assurances 
for HCP implementation.
    The Service, with input from NMFS, Oregon Department of Forestry 
(ODF), and the Oregon Department of Fish and Wildlife (ODFW) as 
cooperating agencies, prepared the Final EIS pursuant to the Council on 
Environmental Quality's (CEQ's) implementing NEPA regulations at 40 CFR 
parts 1500-1508, effective on May 20, 2022 (87 FR 23453) and the 
Department of the Interior's NEPA regulations at 43 CFR part 46. The 
Final EIS provides updates and clarifications to information presented 
in the Draft EIS, including revisions in response to issues raised in 
comments received during the public review period for that document, 
and identifies a preferred alternative.

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). 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 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.
    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) for covered activities in management of the ESRF located in 
Coos and Douglas Counties in southwestern Oregon. ODSL is seeking 
authorization for incidental take for a variety of research and 
management activities, including 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 and the effects 
on covered species and the environment are described further in the HCP 
and FEIS. The proposed permit term is 80 years.
    Measures to minimize and mitigate impacts on covered species are 
described in the 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 would monitor implementation of 
these measures for compliance and effectiveness. Minimization and 
mitigation measures are subject to adaptive management 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

    The proposed issuance of an ITP supported by the HCP is a Federal 
action under the National Environmental Policy Act (NEPA; 42 U.S.C. 
4321 et seq.). The EIS was prepared consistent with the Council on 
Environmental Quality's NEPA regulations (40 CFR 1500-1508, May 2022) 
and the Department of the Interior's NEPA regulations (43 CFR part 46). 
FWS is the Federal lead agency responsible for preparing the EIS; NMFS, 
ODF, and ODFW were cooperating agencies. As a cooperating agency, NMFS 
may adopt the EIS in accordance with 40 CFR 1506.3.
    The purpose of the Federal action considered in the EIS is to 
fulfill the Services' section 10(a)(1)(B) conservation authorities and 
obligations under the ESA to address the applications requesting 
authorization of incidental take of three species listed as threatened 
under the ESA, the northern spotted owl, marbled murrelet, and Oregon 
Coast coho salmon. The need for the Federal action is to respond to the 
applicant's request for incidental take permits for the covered species 
and

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covered activities as described in the HCP.
    The proposed action, identified as the preferred alternative in the 
FEIS, is the issuance of an ITP and implementation of the HCP. The FEIS 
analyzed the proposed action, a no action alternative, and two 
alternatives to the proposed action, including the environmental 
consequences of each alternative. All action alternatives include 
issuance of an ITP for take of three covered species.

Public Involvement

    FWS published a notice of intent to prepare an EIS, opening a 
public scoping period on May 5, 2022 (87 FR 26778), which closed on 
June 6, 2022. A virtual public scoping meeting was held May 16, 2022. 
FWS prepared a DEIS and opened a 45-day public comment period on the 
DEIS and draft HCP on November 18, 2022 (87 FR 69291), followed by a 7-
day extension (published December 20, 2022, 87 FR 77877). A virtual 
public meeting was held on December 13, 2022, during the comment 
period, which ended on January 10, 2023. A total of 170 public comments 
were received during the DEIS comment period, including duplicates. In 
preparing the FEIS, FWS considered all of the public comments on the 
DEIS and draft HCP, and the FEIS includes a response to substantive 
comments received.

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

    FWS will evaluate the associated documents and public comments 
received in reaching a final decision on the proposed issuance of ITPs. 
No earlier than 30 days after the EPA's notice of the FEIS is published 
in the Federal Register, FWS expects to complete a record of decision 
pursuant to 40 CFR 1505.2, in accordance with applicable timeframes 
established in 40 CFR 1506.11. FWS expects to issue a record of 
decision by spring 2025. NMFS will independently document their 
decision at the conclusion of the ESA and NEPA compliance processes.

Authority

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

Katherine Norman,
Acting Deputy Regional Director, Pacific Region.
[FR Doc. 2025-00264 Filed 1-8-25; 8:45 am]
BILLING CODE 4333-15-P
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