[Federal Register Volume 66, Number 84 (Tuesday, May 1, 2001)]
[Notices]
[Pages 21776-21778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10763]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an 
Application for an Incidental Take Permit for the Northern Spotted Owl, 
Boise Cascade Corporation, Klickitat County, WA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public that the Boise Cascade 
Corporation (Boise) has applied to the Fish and Wildlife Service 
(Service) for an incidental take permit pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended (Act). The 
application has been assigned permit number TE 028219-0. The proposed 
permit would authorize the incidental take, in the form of habitat 
modification (i.e., harm), of the northern spotted owl (Strix 
occidentalis caurina), a species that is federally listed as 
threatened. The proposed duration of the permit and habitat 
conservation plan (HCP) is 5 years, or as long as the owl site is 
active. We also announce the opening of a 30-day comment period to 
receive comments from the public on Boise's incidental take permit 
application and the accompanying proposed HCP. The HCP fully describes 
the proposed project and the measures Boise will undertake to minimize 
and mitigate for project impacts to the owl. These measures and 
associated impacts are also described in the background and summary 
information that follow. We also request comments from the public on 
our preliminary determination that Boise's HCP would qualify as a ``Low 
Effect'' HCP, eligible for a categorical exclusion under the National 
Environmental Policy Act, as provided by the Department of the Interior 
Manual (516 DM2, Appendix 1 and 516 DM 6, Appendix 1). The basis for 
this determination is discussed in an Environmental Action Statement, 
which is also available for public review. All comments received will 
become part of the public record and will be available for review 
pursuant to section 10(c) of the Act.

DATES: Written comments must be received by 5 p.m. on May 31, 2001.

ADDRESSES: Comments should be addressed to the State Supervisor, Fish 
and Wildlife Service, Western Washington Office, 510 Desmond Drive SE, 
Suite 102, Lacey, Washington 98503, fax number (306) 753-9518 (for 
further information and instruction on the reviewing and commenting 
process, see Public Review and Comment section below).

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Zisa, Fish and Wildlife 
Service, Western Washington Office, telephone (360) 534-9330.

SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation 
prohibit the taking of a species listed as endangered or threatened. 
The term ``take'' is defined under the Act to mean harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture or collect, or to 
attempt to engage in any such conduct. ``Harm'' is defined to include 
significant habitat modification or degradation where it actually kills 
or injures wildlife by significantly impairing essential behavioral 
patterns,

[[Page 21777]]

including breeding, feeding, and sheltering (50 CFR 17.3). However, 
under limited circumstances the Service may issue permits to take 
listed species, provided such take is incidental to, and not the 
purpose of, an otherwise lawful activity. Regulations governing permits 
for threatened species are promulgated in 50 CFR 17.32. Regulations 
governing permits for endangered species are promulgated in 50 CFR 
17.22.

Background

    The proposed permit area occurs within Boise's 34,000-hectare (ha) 
(84,000-acre (ac)) Simcoe District ownership in the eastern Cascade 
Mountains of Washington. The actual area covered by the proposed permit 
and HCP is 250 ha (620 ac) of Boise ownership within owl site #459, 
centered in section 27, township 6 north, range 15 east. The proposed 
permit area occurs in the ponderosa pine zone, an ecotype that 
historically provided little habitat for spotted owls. In the last 
century, fire suppression and other aspects of forest management have 
allowed large areas to transition to grand fir and douglas fir habitat 
types that provide more habitat for the species. However, even in light 
of these historically recent conditions, the proposed permit area 
occurs at the extreme southern and eastern edge of current spotted owl 
distribution within Washington. Immediately to the south and east, 
central Klickitat County is not forested. To the west, the main 
population of owls is on Federal lands in the Cascade Mountains, 
approximately 50 kilometers (km) (30 miles (mi)) from owl site #459. 
The area in-between is dominated by non-Federal land and contains only 
a few scattered owl sites'the nearest of these being about 16 km (10 
mi) away. A fairly large owl population cluster (approximately 25 to 35 
sites) occurs to the north, largely in the Klickitat River basin within 
the Yakama Indian Reservation, and site #459 is at the extreme edge of 
that cluster.
    As is common throughout the eastern portion of the owl's range, the 
human-induced fir habitat types within the proposed permit area are 
being degraded by severe and chronic insect infestations. In addition 
to direct degradation and mortality of fir trees, such infestations 
result in massive accumulation of standing and downed wood fuels that 
increase the likelihood of fires that will remove not only the damaged 
stands, but also healthier neighboring stands. Spruce budworm 
infestations have heavily impacted large acreages within and nearby the 
proposed permit area in the last decade. Recent surveys by Service and 
Washington Department of Natural Resources personnel indicate that the 
majority of douglas fir and grand fir which dominate stands within the 
proposed permit area are being defoliated and are either in advanced 
stages of decline or already dead. The ponderosa pine component of 
these stands is not impacted directly by the spruce budworm.
    Less than 60 ha (150 ac) of the 2,635-ha (6,511-ac) likely home 
range radius of owls at site #459 are classified as suitable habitat, 
including 35 ha (86 ac) within the proposed permit area. This amount of 
habitat is far below the acreage typically thought necessary to 
maintain long-term viability of owl sites in this portion of the 
species' range.
    The proposed permit area also includes a portion of Bowman Creek, a 
fish-bearing stream that is a tributary of the Little Klickitat River. 
Bull trout (Salvelinus confluentus) and other listed or proposed 
salmonids are not known to occur on Bowman Creek or its down stream 
confluence, the Little Klickitat River (Carl Dugger, Washington 
Department of Fish and Wildlife, Goldendale, Washington, pers. comm.). 
A 15-meter (50-foot) waterfall on the Little Klickitat River below the 
confluence with Bowman Creek may serve as a barrier to fish passage 
into the proposed permit area. No other federally threatened or 
endangered plants or animals are known to exist in the permit area.
    The requested section 10 permit would authorize the incidental take 
of spotted owls associated with one currently occupied owl site. Boise 
proposes harvest of severely and chronically insect-damaged forest 
within this owl site. While this harvest will not result in removal of 
known suitable habitat while the site remains occupied, operations 
within adjacent non-suitable habitat or within forest classified as 
non-suitable but perhaps occasionally used by owls, could result in 
some harm or harassment of the owls at this site. Issuance of the 
permit would provide Boise with certainty that such unintended and 
specifically unpredictable consequences do not result in violations of 
the Act.
    Under the proposed action, Boise would limit harvest, through 
seasonal restrictions and harvest deferrals and prescriptions. Harvest 
would be limited not only within suitable owl habitat, but also within 
other forest areas adjacent to the habitat, and harvest deferrals would 
be retained for a longer period of time than would otherwise be 
necessary. Boise also would increase monitoring of owls associated with 
the proposed permit area--including implementation of a radio-telemetry 
project to monitor the response of the owls to the proposed management 
activities, and financial contribution to an ongoing owl population 
study in the region. All associated information would be included in 
mandatory reports to the Service. Seasonal restrictions also would be 
imposed on these management actions so that reproductive and fledgling 
activities of the owls are not disturbed.
    We have made a preliminary determination that the Boise HCP 
qualifies as a Low Effect HCP as defined by the Service's Habitat 
Conservation Planning Handbook. Low Effect HCPs are those involving: 
(1) minor or negligible effects on federally listed and candidate 
species and their habitats; and (2) minor or negligible effects on 
other environmental values or resources. As more fully explained in the 
Service's preliminary Low Effect Determination, the Boise HCP qualifies 
as a Low Effect HCP for the following reasons:
    (1) Approval of the HCP would result in minor or negligible effects 
on the owl and other listed or proposed species. Occurrence of 
threatened northern spotted owls on the permit lands is limited to one 
occupied site. There is a possibility that this site may be subject to 
incidental take as a result of the proposed action. Several facts lead 
to the conclusion that loss of this site due to incidental take would 
have a negligible impact on the long-term survival of the species: Loss 
of the site would probably occur even absent issuance of the permit; 
this owl site occurs at the very edge of the species range and is 
relatively isolated; the site is not associated with any Late 
Successional Reserve or other owl population cluster designated for 
long-term conservation purposes; the status of the local owl population 
(east of the national forests in Yakima and Klickitat counties) is most 
substantially influenced by natural conditions and management actions 
on the Yakama Indian Reservation and other nearby lands. Except for the 
owl, no listed or proposed animals occur on the proposed permit lands; 
due to the presence of a natural fish passage barrier, no bull trout, 
steelhead (Oncorhynchus mykiss) or other anadromous fish are known to 
occur on the proposed permit lands and no salmonid habitat impacts 
would result from issuance of the permit. No listed or proposed plant 
species are known to occur on the proposed permit lands;
    (2) The HCP would not have adverse effects on unique geographic, 
historic or

[[Page 21778]]

cultural sites, or involve unique or unknown environmental risks;
    (3) Approval of the HCP would not result in any cumulative impacts 
and would not result in significant adverse effects on public health or 
safety;
    (4) The project does not require compliance with Executive Order 
11988 (Floodplain Management), Executive Order 11990 (Protection of 
Wetlands), or the Fish and Wildlife Coordination Act, nor does it 
threaten to violate a Federal, state, local or tribal law or 
requirement imposed for the protection of the environment; and
    (5) Approval of this HCP would not establish a precedent for future 
action or represent a decision in principle about future actions with 
potentially significant environmental effects.
    We have therefore made a preliminary determination that approval of 
the Boise HCP qualifies as a categorical exclusion under the National 
Environmental Policy Act, as provided by the Department of the Interior 
Manual (516 DM2, Appendix 1 and 516 DM 6, Appendix 1). Based upon this 
preliminary determination, we do not intend to prepare further National 
Environmental Policy Act documentation. We will consider public 
comments in making our final determination on whether to prepare such 
additional documentation.
    This notice is provided pursuant to section 10(c) of the Act. We 
will evaluate the permit application, HCP, and comments submitted 
thereon to determine whether the application meets the requirements of 
section 10(a) of the Act. If we determine that the requirements are 
met, we will issue a permit for the incidental take of the northern 
spotted owl. The final permit decision will be made no sooner than 30 
days from the date of this notice.

Public Review and Comments

    Individuals wishing copies of the permit application, copies of our 
preliminary Low Effect Determination, or copies of the full text of the 
HCP, including a map of the proposed permit area, references, and legal 
descriptions of the proposed permit area, should contact the office and 
personnel listed in the ADDRESSES section above.
    If you wish to comment on the permit application or the HCP, you 
may submit your comments to the address listed in the ADDRESSES section 
of this document. For internal tracking purposes, please refer to 
permit number TE 028219-0 when submitting comments. Comments and 
materials received, including names and addresses of respondents, will 
be available for public review, by appointment, during normal business 
hours at the address in the ADDRESSES section above and will become 
part of the public record, pursuant to section 10(c) of the Act. 
Individual respondents may request that we withhold their home address 
from the record, which we will honor to the extent allowable by law. 
There also may be circumstances in which we would withhold from the 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. Anonymous comments will not be 
considered. All submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, are available for public inspection in 
their entirety.

    Dated: April 19, 2001.
Don Weathers,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 01-10763 Filed 4-30-01; 8:45 am]
BILLING CODE 4210-55-P