[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Notices]
[Pages 26737-26738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12204]



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 DEPARTMENT OF THE INTERIOR

Endangered and Threatened Species Permit Application

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of document availability; request for comments.

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    Availability of an Environmental Assessment and Receipt of an 
Application for a Permit to Allow Incidental Take of Threatened and 
Endangered Species by Murray Pacific Corporation on its Mineral Tree 
Farm in Lewis County, Washington.

SUMMARY: This notice advises the public that Murray Pacific Corporation 
(Applicant) has applied to the U.S. Fish and Wildlife Service (FWS) for 
an incidental take permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act). The Applicant has 
requested the permit as an amendment to their existing permit (PRT-
777837) authorizing incidental take of the northern spotted owl, which 
was issued on September 24, 1993, and have amended their existing 
Habitat Conservation Plan (HCP). The application has been assigned 
permit number PRT-777837. The Applicant has also requested to enter 
into a consensual agreement with the U.S. National Marine Fisheries 
Service (NMFS) to address the needs of anadromous salmonids being 
considered for listing under the Act, and with the FWS to conserve 
other fish and wildlife species which may be associated with habitats 
on their Mineral Tree Farm in Lewis County, Washington (Tree Farm). The 
requested permit would authorize the incidental take of all species 
presently listed under the Act, that may occur on the Applicant's Tree 
Farm. The proposed incidental take would occur as a result of timber 
harvest activities in the various habitat types that occur now, and 
will occur on the Tree Farm during the term of the proposed permit. The 
HCP Amendment includes an agreement for the issuance of additional 
permits for the incidental take of species not presently listed under 
the Act, but which may become listed during the term of the proposed 
permit, and which may occur in habitats on the Tree 
Farm. [[Page 26738]] 
    The FWS in conjunction with NMFS announce the availability of an 
Environmental Assessment (EA) for the proposed issuance of the 
incidental take permit and signing of the agreement. The FWS is taking 
administrative responsibility for announcing the availability of the 
aforementioned documents. This notice is provided pursuant to section 
10(c) of the Act and National Environmental Policy Act regulations (40 
CFR 1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before June 19, 1995.

ADDRESSES: Comments regarding the application or EA should be addressed 
to Mr. Curt Smitch, Assistant Regional Director, U.S. Fish and Wildlife 
Service, 3773 Martin Way East, Building C--Suite 101, Olympia, 
Washington 98501. Please refer to permit No. PRT-777837 when submitting 
comments. Individuals wishing copies of the application or EA for 
review should immediately contact the above office (360-534-9330).

FOR FURTHER INFORMATION CONTACT: Craig Hansen, U.S. Fish and Wildlife 
Service, 3773 Martin Way East, Building C- Suite 101, Olympia, WA., 
98501; (360) 412-5465. Steve Landino, National Marine Fisheries 
Service, 3773 Martin Way East, Building C- Suite 101, Olympia, WA., 
98501; (360) 412-5469.

SUPPLEMENTARY INFORMATION:

Background

    Under section 9 of the Act and its implementing regulations, 
``taking'' of a threatened or endangered species, is prohibited. 
However, the FWS and NMFS, under limited circumstances, may issue 
permits to take threatened and endangered wildlife species if such 
taking is incidental to, and not the purpose of, otherwise lawful 
activities. Regulations governing permits for threatened species are in 
50 CFR 17.32 and in 50 CFR 17.22 for endangered species.
    The Applicant proposes to implement an amendment to their HCP for 
the northern spotted owl that will allow timber harvest on portions of 
approximately 55,000 acres of their Tree Farm. The Applicant's proposed 
timber harvest may result in the take, as defined in the Act and its 
implementing regulations, of listed species. The HCP and permit would 
be in effect through the year 2094. The application includes an amended 
HCP and Implementation Agreement.
    The Applicant proposes to mitigate for the incidental take of all 
listed species by maintaining at least 10 percent of the Tree Farm in 
non-harvestable reserves for the term of the permit. Reserves would be 
established during a Watershed Analysis process which the Applicant 
would complete by 2004. The expected result of Watershed Analysis would 
place a majority of the reserves in riparian zones. In addition, the 
Applicant would be committed to a variety of special measures intended 
to mitigate and minimize impacts to the habitat types which occur on 
the Tree Farm, and specific State and Federal species of concern 
including the grizzly bear, gray wolf, bald and golden eagles, goshawk, 
Larch Mountain salamander, Townsend's big-eared bat, long-legged myotis 
(bat), and others. The Applicant also proposes to mitigate for impacts 
to anadromous salmonids through habitat conservation measures for these 
species.
    The EA considers the environmental consequences of 5 alternatives, 
including the proposed action and no-action alternatives. The proposed 
action alternative is the issuance of a permit under section 10(a) of 
the Act that would authorize incidental take of all listed species, and 
signing of the agreement for currently unlisted species, that may occur 
in the habitats on the Applicant's Tree Farm. The proposed action would 
require the Applicant to implement their amended Habitat Conservation 
Plan. Under the no-action alternative, the Applicant would continue to 
implement their existing northern spotted owl HCP, and additional 
incidental take permits would not be issued. The third alternative is 
to maintain approximately 29 percent of the Tree Farm in reserves 
generated according to Watershed Analysis prescriptions. The fourth 
alternative is to maintain reserves on about 17 percent of the Tree 
Farm, and would allow the Applicant to harvest timber on a limited 
basis in the outer half of riparian reserves. The fifth alternative 
would place about 5 percent of the Tree Farm in riparian reserves with 
additional protection on steep slopes with wet talus habitat, the 
Applicant would commit to and complete further Watershed Analysis by 
the year 2004, and the Applicant would retain all live conifer and 
conifer snags greater than 40 inches in diameter at breast height.

    Dated: May 12, 1995.
Thomas Dwyer,
Deputy Regional Director, Region 1, Fish and Wildlife Service, 
Portland, Oregon.
[FR Doc. 95-12204 Filed 5-17-95; 8:45 am]
BILLING CODE 4310-55-P