[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20673-20675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10066]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Application To Amend an Endangered Species Act 
Incidental Take Permit: Inclusion of the Canada Lynx on the Washington 
Department of Natural Resources Permit for Western Washington

AGENCY: Fish and Wildlife Service.

ACTION: Notice of Permit Amendment Application.

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SUMMARY: This notice advises the public that the Fish and Wildlife 
Service (Service) has received a request to add the Canada lynx (Lynx 
canadensis) to the list of species covered by incidental take permit 
PRT-812521, issued to the

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Washington Department of Natural Resources (WDNR). This request is 
provided for under the Implementation Agreement for the Habitat 
Conservation Plan (Plan) accompanying the incidental take permit, and 
applies to forest management activities on WDNR lands west of the crest 
of the Cascade Mountain Range in the State of Washington. The purpose 
of this notice is to seek public comment on the Service's proposed 
permit amendment.

DATES: Written comments regarding the Service's proposal to add the 
Canada lynx to the WDNR permit must be received on or before May 24, 
2001.

ADDRESSES: Written comments should be addressed to Jon Avery, U.S. Fish 
and Wildlife Service, 510 Desmond Drive, SE., Suite 102, Lacey, 
Washington 98503. Documents cited in this notice and comments received 
will be available for public inspection by appointment during normal 
business hours (8 a.m. to 5 p.m., Monday through Friday).

FOR FURTHER INFORMATION CONTACT: Jon Avery, Wildlife Biologist, U.S. 
Fish and Wildlife Service, 510 Desmond Drive, SE., Suite 102, Lacey, 
Washington 98503, (360) 753-5824.

SUPPLEMENTARY INFORMATION: On January 30, 1997, the Service issued an 
incidental take permit (PRT-812521) to WDNR, pursuant to section 
10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended (16 
U.S.C. 1532 et seq.). The Plan and an Environmental Impact Statement 
associated with the original permit decision analyzed the effects that 
implementing the Plan would have on listed species and unlisted species 
including the Canada Lynx. The original permit authorizes the 
incidental take of the threatened northern spotted owl (Strix 
occidentalis caurina), and other listed species, in the course of 
otherwise legal forest management activities related to timber and non-
timber resource uses within the range of the northern spotted owl that 
occurs on WDNR lands.
    Pursuant to the Plan and the Implementation Agreement, WDNR also 
received assurances from the Service, with respect to WDNR-manager land 
west of the Cascade Crest, that specific, unlisted species would be 
added to the permit upon their listing under the Act in accordance with 
the Plan and the Implementation Agreement.
    On March 24, 2000, the Service listed the Canada lynx as a 
threatened species throughout its range in the contiguous United States 
(65 FR 16051). On April 25, 2000, WDNR requested that the Canada lynx 
be added to their permit. The Service is proposing to respond to WDNR's 
request and determine if adding the Canada lynx occurring west of the 
Cascade Crest to the WDNR permit is appropriate.
    Following the proposal to list the Canada lynx as threatened or 
endangered under the Act the Service receives significant public 
comments and data. The Service is reviewing that information to 
determine if the Service's initial Canada lynx determinations for the 
WDNR permit remains valid. The findings of that review along with any 
new information obtained through this public comment request will be 
used in the Service's decision making process.
    According to the Implementation Agreement for the WDNR Plan, if any 
species addressed in the Plan that was unlisted at the time of permit 
issuance subsequently becomes listed under the Act, WDNR may request a 
permit amendment to have the species added to their permit with respect 
to their lands west of the Cascade Crest. Under the terms of the Plan 
and the Implementation Agreement, the Service would add the newly 
listed species to the WDNR permit without requiring additional 
mitigation unless extraordinary circumstances exist. Extraordinary 
circumstances defined in the WDNR Implementation Agreement to mean 
continued WDNR Plan management activities that would result in a 
substantial and material adverse change in the status of a species that 
was not foreseen on the effective date of the Implementation Agreement 
and that can be remedied by additional or different mitigation measures 
on the permit lands.
    Prior to adding the Canada lynx to the WDNR permit, the Service 
will determine whether adding this species to WDNR's permit would 
appreciably reduce the likelihood of its survival and recovery of the 
wild. To make this determination, the Service will follow the section 7 
process under the Act. The Service will also determine whether the 
permit amendment meets each of the issuance criteria described in 
section 10(a)(2)(B) of the Act and that extraordinary circumstances 
have not occurred since initial permit issuance.
    At the time of initial permit issuance, the Service made a 
preliminary determination that the WDNR Plan adequately provided for 
the conservation of the Canada lynx. The Service included that analysis 
as Appendix B (Analysis of Impacts of the Washington Department of 
Natural Resources Habitat Conservation Plan on unlisted Species Within 
the Planning Area) of the Statement of Findings. In that analysis the 
Service noted that the Canada lynx uses a mosaic of forest types from 
early-successional to mature conifer and deciduous forests and the 
presence of snowshoe hares, a species upon which they are almost 
totally dependent as prey. The Canada lynx forages in early-
successional forests and dens in mature forests.
    The Service analysis further determined that the Canada lynx could 
occur on WDNR-managed lands west of the Cascade Crest but that the 
likelihood is low. The WDNR-managed lands most likely to support the 
Canada lynx would be the higher elevation lands in proximity to 
National Forests. The location of these lands is similar to the 
location of lands that will be managed under the habitat conservation 
plan for northern spotted owl nesting and foraging habitats (NRF-
management areas). The service expects the amount of early seral forest 
to decrease in these areas while the amount of complex forest will 
increase. However, the quality of the early seral forest habitat will 
increase under the Plan due to conservation measures associated with 
structural retention and other harvest practices, as well as a 
reduction in and regulation of herbicide spraying. In addition to the 
amount and quality of managed forests provided by the WDNR plan, the 
Canada lynx is expected to benefit from the mosaic of natural habitats 
including avalanche chutes, high-elevation meadows, and old burns. The 
Service also determined in the analysis for the original permit that 
species such as the snowshoe hare will find sufficient amounts of 
foraging and hiding habitat within the Plan area throughout the terms 
of the permit thus providing the essential prey-based necessary for 
Canada lynx to possibly occupy WDNR-managed lands west of the Cascade 
Crest.
    This notice is provided pursuant to section 10(a) of the Endangered 
Species Act and the regulations of the National Environmental Policy 
Act of 1969 (40 CFR 1506.6). All comments that we receive, including 
names and addresses, will become part of the official administrative 
record and may be made available to the public. We will evaluate the 
application, associated document, and comments submitted thereon to 
determine whether the application meets the requirements of the 
National Environmental Policy Act regulations and section 10(a) of the 
Endangered Species Act. If we determine that those requirements are 
met, we will issue a permit to the Applicant for the incidental take of 
the Canada lynx. We will make our final permit decision no sooner that 
45 days from the date of this notice.


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    Dated: March 9, 2001.
Rowan W. Gould,
Acting Regional Director, Fish and Wildlife Service, Region 1, 
Portland, Oregon.
[FR Doc. 01-10066 Filed 4-23-01; 8:45 am]
BILLING CODE 4310-55-M