Notice of Intent to Conduct Public Scoping and to Prepare an Environmental Impact Statement Related to the Environmental and Social Effects of Implementing the Idaho Forestry Program, 7469-7471 [E9-3294]
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Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Notices
368, Boise, ID 83709, facsimile (208)
378–5262, or Ken Troyer, NMFS, 10095
W. Emerald Street, Boise, ID 83704,
facsimile (208) 378–5699. Comments
may be submitted by e-mail to the
following address:
IdahoForestry@noaa.gov. In the subject
line of the e-mail, include the document
identifier: Idaho Forestry Program.
FOR FURTHER INFORMATION CONTACT: Jeri
Wood, FWS, telephone (208) 378–5289;
or Ken Troyer, NMFS, telephone (208)
378–5692.
SUPPLEMENTARY INFORMATION:
you can ask OMB in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that it will be done.
Dated: February 10, 2009
Hope Grey,
Information Collection Clearance Officer,
Fish and Wildlife Service.
FR Doc. E9–3409 Filed 2–13–09; 8:45 am
BILLING CODE 4310–55–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Dates and Addresses of Scoping
Meetings
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XL01
Notice of Intent to Conduct Public
Scoping and to Prepare an
Environmental Impact Statement
Related to the Environmental and
Social Effects of Implementing the
Idaho Forestry Program
sroberts on PROD1PC70 with NOTICES
AGENCY: Fish and Wildlife Service
(FWS), Interior; National Marine
Fisheries Service (NMFS), National
Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Notice; scoping meetings.
SUMMARY: The FWS and NMFS
(collectively, the Services) intend to
conduct public scoping under the
National Environmental Policy Act
(NEPA) to gather information to prepare
an Environmental Impact Statement
(EIS), and to respond to a request from
the State of Idaho (State) to enter into a
Cooperative Agreement (Agreement)
under Section 6 of the Endangered
Species Act (ESA) with the Services.
Under the Agreement, the State would
implement the Idaho Forestry Program
with measures that would provide
conservation benefits for listed fish
species in the Salmon River Basin and
Clearwater River Basin, and the Services
would authorize incidental take of listed
species caused by forest management
activities to the extent that the effects of
these activities on listed species are
compliant with the requirements of
Section 7 of the ESA.
DATES: Written comments should be
received on or before April 3, 2009. See
the SUPPLEMENTARY INFORMATION section
for the dates and locations of the
scoping meetings.
ADDRESSES: All comments concerning
the preparation of the EIS and the NEPA
process should be addressed to: Jeri
Wood, FWS, 1387 S. Vinnell Way, Suite
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19:45 Feb 13, 2009
Jkt 217001
The dates and locations for the public
scoping workshops are:
1. February 23, 2009, 7 – 9 p.m., Best
Western, 1010 S Hwy 95, Riggins, ID
83549.
2. February 24, 2009, 7 – 9 p.m., Nez
Perce National Forest, Supervisor’s
Office, 104 Airport Road, Grangeville,
ID 83530.
3. February 25, 2009, 7 – 9 p.m.,
Clearwater National Forest, Supervisor’s
Office, 12730 Highway 12, Orofino, ID
83544.
4. February 26, 2009, 7 – 9 p.m., Idaho
Fish and Game, 3316 16th St., Lewiston,
ID 83501.
5. March 3, 2009, 7 – 9 p.m., Forest
Service’s Public Lands Center (Hwy 93
S), 1206 S. Challis St., Salmon, ID
83467.
Statutory Authority
Section 9 of the ESA (16 U.S.C. 1538)
and implementing regulations prohibit
the taking of animal species listed as
endangered or threatened. The term
‘‘take’’ is defined under the ESA (16
U.S.C. 1532(19)) as harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct. ‘‘Harm’’ is
further defined by FWS regulation to
include significant habitat modification
or degradation where it actually kills or
injures wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, and
sheltering (50 CFR 17.3). NMFS’
definition of ‘‘harm’’ includes
significant habitat modification or
degradation where it actually kills or
injures fish or wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, spawning,
migrating, rearing, and sheltering (50
CFR 222.102). Although Section 9
prohibits the taking of listed species, the
ESA provides opportunities for
authorized take if specified conditions
are met.
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
7469
Background
The State of Idaho is seeking to enter
into an Agreement with the Services as
part of a settlement agreement resulting
from the Snake River Basin
Adjudication (SRBA). The Snake River
Water Rights Act of 2004 directs the
heads of Federal agencies to execute and
perform all actions necessary to carry
out the terms of the SRBA settlement
agreement, which are set forth in a
document entitled ‘‘Mediator’s Term
Sheet.’’ The Term Sheet includes a
provision for the negotiation of a
Cooperative Agreement under Section 6
of the ESA to address forest
management activities on State and
private lands in the Salmon and
Clearwater River basins that may affect
federally listed fish species. The Term
Sheet identifies specific forest
management prescriptions for inclusion
in the Cooperative Agreement and
directs that the Agreement ‘‘not vary
materially’’ from those prescriptions.
The Term Sheet prescriptions thus form
the basis for the State’s proposed forest
management program. However, the
Services must determine that the State’s
proposed program is consistent with the
standards and requirements contained
in the ESA prior to entering in the
Agreement. If the Services determine
that the State’s proposed program does
not meet the requirements of the ESA,
then the Services either will not sign the
Agreement or will work with the State
to modify the proposed program so that
it does meet the standards of the ESA.
The Term Sheet and the State’s Program
document can be viewed at https://
www.idl.idaho.gov/eis/eislindex.html.
The Services are considering entering
into an Agreement with the State of
Idaho for the purpose of implementing
a conservation program for salmon,
steelhead, and bull trout as part of the
Idaho Forestry Program. Under the
proposed Agreement, the State of Idaho
is seeking incidental take coverage for
five listed fish species: (1) the Snake
River sockeye salmon (Oncorhynchus
nerka); (2) Snake River spring/summer
Chinook salmon (O. tshawytscha), (3)
Snake River fall Chinook salmon (O.
tshawytscha), (4) Snake River steelhead
(O. mykiss), and (5) the bull trout
(Salvelinus confluentus). The Snake
River sockeye salmon is currently listed
as endangered under the ESA, while the
other four fish species are listed as
threatened under the ESA.
The Agreement would apply to State
and private forest lands in the Salmon
River and Clearwater River basins. The
need for this action is: (1) to fulfill the
Services’ duties under the Snake River
Water Rights Act of 2004; (2) to provide
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17FEN1
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7470
Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Notices
conservation benefits for listed species
pursuant to Section 6(c)(1) of the ESA
in addition to those provided under
existing laws and regulations; (3) to
provide for a stable, profitable, longterm program for the management of
forest resources on enrolled State and
private lands in the Salmon River and
Clearwater River basins of Idaho that is
consistent with the conservation of
listed fish species under Section 6 of the
ESA; (4) to actively manage the Idaho
Forestry Program to assist in the
conservation of listed fish species and
the protection of their habitat; and (5) to
provide a mechanism for State and
private landowners implementing Idaho
Forestry Program measures to receive
authorization for incidental take of
listed fish species resulting from forest
management activities.
The Idaho Forestry Program includes
the following forest management
activities: timber harvest, stand
improvement, prescribed fire, site
preparation and tree planting, road
construction, road reconstruction, road
maintenance, and road abandonment.
To minimize the impacts of these
activities on listed fish species and their
habitat, the Idaho Forestry Program also
includes riparian- and road-related
conservation measures. The riparian
measures would regulate timber harvest
and road-building adjacent to streams.
The road measures would regulate road
maintenance, road upgrades, road
construction, and other aspects of road
management. Key conservation
measures would include Riparian
Protection Zones adjacent to fishbearing streams and the elimination of
major sources of sediment delivery to
streams from the existing forest road
system on enrolled lands.
The term of the proposed Agreement
for the Idaho Forestry Program is 30
years (as specified in the Term Sheet)
and would cover forest management
activities on up to 1.5 million acres of
land, located mostly in the Clearwater
River Basin but also scattered
throughout the Salmon River Basin.
Throughout the 30–year period, the
Services must annually reconfirm that
the Idaho Forestry Program is an
adequate and active program for the
conservation of listed species.
The Term Sheet expressly directs the
Services to comply with the procedural
requirements of NEPA in conjunction
with the proposed Agreement. NEPA
(42 U.S.C. 4321 et seq.) requires that
Federal agencies conduct an
environmental analysis of their
proposed actions to determine if the
actions may significantly affect the
human environment. Under NEPA, a
full range of reasonable alternatives to a
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19:45 Feb 13, 2009
Jkt 217001
proposed action is developed and
considered in the Services’
environmental review. For this
particular proposed action, the Services’
ultimate discretion to adopt alternatives
analyzed in the EIS is limited by the
Snake River Water Rights Act of 2004
and associated Term Sheet, which sets
forth specific forest management
prescriptions to the extent they are
consistent with the ESA. The Services
will therefore enter into the Agreement,
approving the specific prescriptions of
the Idaho Forestry Program, if they find
the Program to be consistent with the
ESA. The Services will, however, also
examine a full range of reasonable
alternatives to this specific program
because (1) there are elements of the
Term Sheet that allow some flexibility
in the composition of the forestry
program, (2) examining other
alternatives can help further reveal
potential effects of the proposed
program, and (3) if the Services find the
Idaho Forestry Program to be
inconsistent with the ESA, alternatives
or components of alternatives may be
used to modify the proposed program,
with agreement from the State.
The EIS will identify potentially
significant direct, indirect, and
cumulative impacts on land use, air
quality, water quality, water resources,
socioeconomics, and other
environmental issues that could occur
with implementation of the proposed
action and alternatives.
The Services have identified the
following preliminary alternatives for
public evaluation during the scoping
period:
Alternative 1: No Action - Under the
No-action Alternative, the Services
would not enter a Cooperative
Agreement with the State of Idaho; the
State of Idaho would not implement the
Idaho Forestry Program; the Services
would not authorize incidental take of
listed species; and State and private
forest land managers would follow the
existing Idaho Forest Practices Act.
Alternative 2: Proposed Action Under the Proposed Action Alternative,
the Services would conduct an ESA
Section 7 consultation to determine
whether entering into a Cooperative
Agreement with the State of Idaho
would likely jeopardize the continued
existence of any listed species, and, if
appropriate, the Services would
authorize the incidental take of salmon,
steelhead, and bull trout for a period of
30 years; the Services would enter into
the Cooperative Agreement with the
State of Idaho, with annual reviews of
whether or not the Idaho Forestry
Program is an adequate and active
program for the conservation of listed
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
species; and the State of Idaho would
implement the Idaho Forestry Program.
The Services may also consider
alternatives that provide for greater
restrictions on forest management
activities than the proposed Idaho
Forestry Program and alternatives that
provide fewer restrictions on forest
management activities than the Idaho
Forestry Program. Additional project
alternatives may be developed based on
input received during the public
scoping process.
Request for Comments
The primary purpose of the scoping
process is for the public to assist the
Services in developing the EIS by
identifying important issues and
alternatives related to the proposed
action. The scoping workshops will
allocate time for presentations by the
Services and the State of Idaho,
followed by informal questions,
comments, and discussions.
Written and verbal comments from
interested parties are welcome to ensure
that the full range of issues related to
the environmental and social effects of
implementing the Idaho Forestry
Program under the Agreement are
identified. All comments and materials
received, including names and
addresses, will become part of the
administrative record and may be
released to the public.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the offices listed in the
ADDRESSES section of this notice.
The Services request that public
comments be specific. In particular, we
request information regarding: direct,
indirect, and cumulative impacts that
implementation of the proposed Idaho
Forestry Program or other alternatives
could have on listed species and their
habitats; possible alternatives; potential
adaptive management and/or
monitoring provisions; funding issues;
existing environmental conditions in
the project area; other plans or projects
that might be relevant to this proposed
project; acreage that should be covered;
specific species that should or should
not be covered; specific landforms that
should or should not be included in the
analyses; and minimization and
mitigation measures. The Services
estimate that the draft EIS will be
available for public review in the winter
of 2010.
The environmental review of this
project will be conducted in accordance
with the requirements of the NEPA of
1969, as amended (42 U.S.C. 4321 et
seq.), the Council on Environmental
Quality Regulations (40 CFR parts 1500
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Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Notices
1508), other applicable Federal laws and
regulations, and applicable policies and
procedures of the Services. This notice
is being furnished in accordance with
40 CFR 1501.7 of the NEPA regulations
to obtain suggestions and information
from other agencies and the public on
the scope of issues and alternatives to be
addressed in the EIS.
DEPARTMENT OF THE INTERIOR
Reasonable Accommodation
Persons needing reasonable
accommodation to attend and
participate in one of the public meetings
should contact Ken Troyer (see FOR
FURTHER INFORMATION CONTACT). To
allow sufficient time to process
requests, please call no later than five
days prior to the meeting you plan to
attend. Information regarding the
applicant’s proposed action is available
in alternative formats upon request.
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to implement
fee collection.
Dated: February 9, 2009.
David Wesley,
Deputy Regional Director, Fish and Wildlife
Service, Region 1, Portland, Oregon
Dated: February 10, 2009.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E9–3294 Filed 2–13–09; 8:45 am]
BILLING CODES 4310–55–S, 3510–22–S
Fish and Wildlife Service
[FWS–R1–R–2008–N0318; 1265–0000–
10137–S3]
Fee Collection at Tualatin River
National Wildlife Refuge, OR
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce our
intent to collect an entrance fee at
Tualatin River National Wildlife Refuge
(Refuge), located in Oregon, as
authorized by Federal Lands Recreation
Enhancement Act (REA). Under REA
provisions, the Refuge will identify and
post specific visitor fees. The Refuge’s
proposed fees include a $2.00 per day
per person fee or a $4.00 per day per
vehicle fee (see proposed Fee Schedule
under SUPPLEMENTARY INFORMATION).
DATES: Submit your comments on this
action by March 19, 2009. Unless we
publish a notice in the Federal Register
withdrawing this action, we will begin
collecting fees on August 17, 2009 at the
Refuge.
ADDRESSES: Submit your comments by
one of the following methods:
• By U.S. mail to: U.S. Fish and
Wildlife Service, Attn: Branch of Visitor
Services and Communications, 911 NE
11th Avenue, Portland, OR 97232.
• By fax to: (503) 231–6187.
• By e-mail to:
Mike_Marxen@fws.gov.
FOR FURTHER INFORMATION CONTACT: Kim
Strassburg or Ralph Webber at (503)
625–5944.
In an
effort to meet increasing demands for
services, and to maintain developed
facilities, we announce our intent to
implement an entrance fee at the Refuge
under 16 U.S.C. 6802(e) of the REA. The
Refuge plans to use collected fees to
repair, maintain, and enhance visitor
facilities. Here is the proposed entrance
fee structure:
SUPPLEMENTARY INFORMATION:
Tualatin River Refuge visitors
Entrance fee
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1. Youth Ages 15 and Under .......................................................................................................................................................
2. Daily Individual Entrance Fee (Fee is per person/per day, when arriving on foot, bicycle, as part of a tour group, or on a
bus.).
3. Daily Noncommercial Vehicle Entrance Fee (Fee is per single, private noncommercial vehicle.) .........................................
4. Family Group Entrance Fee (Fee is the maximum per day, per family, when arriving on foot, bicycle, as part of a tour
group, or on a bus) A family group is defined as up to four adults (16 years and older) and any number of children (15
years and under).
5. Annual Tualatin River Refuge Pass (per single private noncommercial vehicle) valid for 1 year ..........................................
Special Provisions and Exceptions to
the Entrance Fee Structure
National Public Lands Day (NPLD) is
a ‘‘fee-free’’ day for all visitors to the
Refuge. The National Environmental
Education Foundation determines the
date of NPLD. The Refuge may establish
other ‘‘fee-free’’ days in conjunction
with special events such as
International Migratory Bird Day and
National Wildlife Refuge Week.
The Refuge will not collect entrance
fees from volunteers who are actively
working on or for the Refuge during
their scheduled duty times. Volunteers
who contribute and record 80 hours of
volunteer service or more during a fiscal
year will receive an Annual Refuge Pass
at no charge.
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19:45 Feb 13, 2009
Jkt 217001
The Refuge will waive entrance fees
for school groups participating in the
Refuge’s environmental education field
trip program. However, all educators
interested in bringing students to the
Refuge in grades K–8 must first
complete the Refuge’s teacher
workshop. The Refuge will also waive
fees for secondary level and collegiate
student field trips that support a larger
unit of study.
The Refuge will waive site-specific
entrance fees for enrolled members of
the Confederated Tribes of the Grand
Ronde with proper identification.
Passes in Lieu of Entrance Fees
Frm 00082
Fmt 4703
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$4.00
$4.00
$15.00 annually.
and the America the Beautiful National
Parks and Federal Recreational Lands
Pass programs. The Refuge will honor
and offer for purchase passes associated
with these programs. Information on the
programs is available on the Service’s
Internet site at https://www.fws.gov/
duckstamps/ and https://www.fws.gov/
refuges/visitors/passes.html. The Refuge
will also honor Golden Eagle, Golden
Age, and Golden Access passes. A list
of passes the Refuge will honor and/or
sell follows. If your pass is not listed,
we encourage you to contact the Refuge
and inquire about pass acceptance prior
to your visit.
The Refuge will participate in two
pass programs, the Federal Duck Stamp
PO 00000
Free.
$2.00
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]]>Agencies
[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7469-7471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3294]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XL01
Notice of Intent to Conduct Public Scoping and to Prepare an
Environmental Impact Statement Related to the Environmental and Social
Effects of Implementing the Idaho Forestry Program
AGENCY: Fish and Wildlife Service (FWS), Interior; National Marine
Fisheries Service (NMFS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Notice; scoping meetings.
-----------------------------------------------------------------------
SUMMARY: The FWS and NMFS (collectively, the Services) intend to
conduct public scoping under the National Environmental Policy Act
(NEPA) to gather information to prepare an Environmental Impact
Statement (EIS), and to respond to a request from the State of Idaho
(State) to enter into a Cooperative Agreement (Agreement) under Section
6 of the Endangered Species Act (ESA) with the Services. Under the
Agreement, the State would implement the Idaho Forestry Program with
measures that would provide conservation benefits for listed fish
species in the Salmon River Basin and Clearwater River Basin, and the
Services would authorize incidental take of listed species caused by
forest management activities to the extent that the effects of these
activities on listed species are compliant with the requirements of
Section 7 of the ESA.
DATES: Written comments should be received on or before April 3, 2009.
See the SUPPLEMENTARY INFORMATION section for the dates and locations
of the scoping meetings.
ADDRESSES: All comments concerning the preparation of the EIS and the
NEPA process should be addressed to: Jeri Wood, FWS, 1387 S. Vinnell
Way, Suite 368, Boise, ID 83709, facsimile (208) 378-5262, or Ken
Troyer, NMFS, 10095 W. Emerald Street, Boise, ID 83704, facsimile (208)
378-5699. Comments may be submitted by e-mail to the following address:
IdahoForestry@noaa.gov. In the subject line of the e-mail, include the
document identifier: Idaho Forestry Program.
FOR FURTHER INFORMATION CONTACT: Jeri Wood, FWS, telephone (208) 378-
5289; or Ken Troyer, NMFS, telephone (208) 378-5692.
SUPPLEMENTARY INFORMATION:
Dates and Addresses of Scoping Meetings
The dates and locations for the public scoping workshops are:
1. February 23, 2009, 7 - 9 p.m., Best Western, 1010 S Hwy 95,
Riggins, ID 83549.
2. February 24, 2009, 7 - 9 p.m., Nez Perce National Forest,
Supervisor's Office, 104 Airport Road, Grangeville, ID 83530.
3. February 25, 2009, 7 - 9 p.m., Clearwater National Forest,
Supervisor's Office, 12730 Highway 12, Orofino, ID 83544.
4. February 26, 2009, 7 - 9 p.m., Idaho Fish and Game, 3316 16th
St., Lewiston, ID 83501.
5. March 3, 2009, 7 - 9 p.m., Forest Service's Public Lands Center
(Hwy 93 S), 1206 S. Challis St., Salmon, ID 83467.
Statutory Authority
Section 9 of the ESA (16 U.S.C. 1538) and implementing regulations
prohibit the taking of animal species listed as endangered or
threatened. The term ``take'' is defined under the ESA (16 U.S.C.
1532(19)) as harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct.
``Harm'' is further defined by FWS regulation to include significant
habitat modification or degradation where it actually kills or injures
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, and sheltering (50 CFR 17.3). NMFS'
definition of ``harm'' includes significant habitat modification or
degradation where it actually kills or injures fish or wildlife by
significantly impairing essential behavioral patterns, including
breeding, feeding, spawning, migrating, rearing, and sheltering (50 CFR
222.102). Although Section 9 prohibits the taking of listed species,
the ESA provides opportunities for authorized take if specified
conditions are met.
Background
The State of Idaho is seeking to enter into an Agreement with the
Services as part of a settlement agreement resulting from the Snake
River Basin Adjudication (SRBA). The Snake River Water Rights Act of
2004 directs the heads of Federal agencies to execute and perform all
actions necessary to carry out the terms of the SRBA settlement
agreement, which are set forth in a document entitled ``Mediator's Term
Sheet.'' The Term Sheet includes a provision for the negotiation of a
Cooperative Agreement under Section 6 of the ESA to address forest
management activities on State and private lands in the Salmon and
Clearwater River basins that may affect federally listed fish species.
The Term Sheet identifies specific forest management prescriptions for
inclusion in the Cooperative Agreement and directs that the Agreement
``not vary materially'' from those prescriptions. The Term Sheet
prescriptions thus form the basis for the State's proposed forest
management program. However, the Services must determine that the
State's proposed program is consistent with the standards and
requirements contained in the ESA prior to entering in the Agreement.
If the Services determine that the State's proposed program does not
meet the requirements of the ESA, then the Services either will not
sign the Agreement or will work with the State to modify the proposed
program so that it does meet the standards of the ESA. The Term Sheet
and the State's Program document can be viewed at https://
www.idl.idaho.gov/eis/eis_index.html.
The Services are considering entering into an Agreement with the
State of Idaho for the purpose of implementing a conservation program
for salmon, steelhead, and bull trout as part of the Idaho Forestry
Program. Under the proposed Agreement, the State of Idaho is seeking
incidental take coverage for five listed fish species: (1) the Snake
River sockeye salmon (Oncorhynchus nerka); (2) Snake River spring/
summer Chinook salmon (O. tshawytscha), (3) Snake River fall Chinook
salmon (O. tshawytscha), (4) Snake River steelhead (O. mykiss), and (5)
the bull trout (Salvelinus confluentus). The Snake River sockeye salmon
is currently listed as endangered under the ESA, while the other four
fish species are listed as threatened under the ESA.
The Agreement would apply to State and private forest lands in the
Salmon River and Clearwater River basins. The need for this action is:
(1) to fulfill the Services' duties under the Snake River Water Rights
Act of 2004; (2) to provide
[[Page 7470]]
conservation benefits for listed species pursuant to Section 6(c)(1) of
the ESA in addition to those provided under existing laws and
regulations; (3) to provide for a stable, profitable, long-term program
for the management of forest resources on enrolled State and private
lands in the Salmon River and Clearwater River basins of Idaho that is
consistent with the conservation of listed fish species under Section 6
of the ESA; (4) to actively manage the Idaho Forestry Program to assist
in the conservation of listed fish species and the protection of their
habitat; and (5) to provide a mechanism for State and private
landowners implementing Idaho Forestry Program measures to receive
authorization for incidental take of listed fish species resulting from
forest management activities.
The Idaho Forestry Program includes the following forest management
activities: timber harvest, stand improvement, prescribed fire, site
preparation and tree planting, road construction, road reconstruction,
road maintenance, and road abandonment. To minimize the impacts of
these activities on listed fish species and their habitat, the Idaho
Forestry Program also includes riparian- and road-related conservation
measures. The riparian measures would regulate timber harvest and road-
building adjacent to streams. The road measures would regulate road
maintenance, road upgrades, road construction, and other aspects of
road management. Key conservation measures would include Riparian
Protection Zones adjacent to fish-bearing streams and the elimination
of major sources of sediment delivery to streams from the existing
forest road system on enrolled lands.
The term of the proposed Agreement for the Idaho Forestry Program
is 30 years (as specified in the Term Sheet) and would cover forest
management activities on up to 1.5 million acres of land, located
mostly in the Clearwater River Basin but also scattered throughout the
Salmon River Basin. Throughout the 30-year period, the Services must
annually reconfirm that the Idaho Forestry Program is an adequate and
active program for the conservation of listed species.
The Term Sheet expressly directs the Services to comply with the
procedural requirements of NEPA in conjunction with the proposed
Agreement. NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies
conduct an environmental analysis of their proposed actions to
determine if the actions may significantly affect the human
environment. Under NEPA, a full range of reasonable alternatives to a
proposed action is developed and considered in the Services'
environmental review. For this particular proposed action, the
Services' ultimate discretion to adopt alternatives analyzed in the EIS
is limited by the Snake River Water Rights Act of 2004 and associated
Term Sheet, which sets forth specific forest management prescriptions
to the extent they are consistent with the ESA. The Services will
therefore enter into the Agreement, approving the specific
prescriptions of the Idaho Forestry Program, if they find the Program
to be consistent with the ESA. The Services will, however, also examine
a full range of reasonable alternatives to this specific program
because (1) there are elements of the Term Sheet that allow some
flexibility in the composition of the forestry program, (2) examining
other alternatives can help further reveal potential effects of the
proposed program, and (3) if the Services find the Idaho Forestry
Program to be inconsistent with the ESA, alternatives or components of
alternatives may be used to modify the proposed program, with agreement
from the State.
The EIS will identify potentially significant direct, indirect, and
cumulative impacts on land use, air quality, water quality, water
resources, socioeconomics, and other environmental issues that could
occur with implementation of the proposed action and alternatives.
The Services have identified the following preliminary alternatives
for public evaluation during the scoping period:
Alternative 1: No Action - Under the No-action Alternative, the
Services would not enter a Cooperative Agreement with the State of
Idaho; the State of Idaho would not implement the Idaho Forestry
Program; the Services would not authorize incidental take of listed
species; and State and private forest land managers would follow the
existing Idaho Forest Practices Act.
Alternative 2: Proposed Action - Under the Proposed Action
Alternative, the Services would conduct an ESA Section 7 consultation
to determine whether entering into a Cooperative Agreement with the
State of Idaho would likely jeopardize the continued existence of any
listed species, and, if appropriate, the Services would authorize the
incidental take of salmon, steelhead, and bull trout for a period of 30
years; the Services would enter into the Cooperative Agreement with the
State of Idaho, with annual reviews of whether or not the Idaho
Forestry Program is an adequate and active program for the conservation
of listed species; and the State of Idaho would implement the Idaho
Forestry Program.
The Services may also consider alternatives that provide for
greater restrictions on forest management activities than the proposed
Idaho Forestry Program and alternatives that provide fewer restrictions
on forest management activities than the Idaho Forestry Program.
Additional project alternatives may be developed based on input
received during the public scoping process.
Request for Comments
The primary purpose of the scoping process is for the public to
assist the Services in developing the EIS by identifying important
issues and alternatives related to the proposed action. The scoping
workshops will allocate time for presentations by the Services and the
State of Idaho, followed by informal questions, comments, and
discussions.
Written and verbal comments from interested parties are welcome to
ensure that the full range of issues related to the environmental and
social effects of implementing the Idaho Forestry Program under the
Agreement are identified. All comments and materials received,
including names and addresses, will become part of the administrative
record and may be released to the public.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the offices
listed in the ADDRESSES section of this notice.
The Services request that public comments be specific. In
particular, we request information regarding: direct, indirect, and
cumulative impacts that implementation of the proposed Idaho Forestry
Program or other alternatives could have on listed species and their
habitats; possible alternatives; potential adaptive management and/or
monitoring provisions; funding issues; existing environmental
conditions in the project area; other plans or projects that might be
relevant to this proposed project; acreage that should be covered;
specific species that should or should not be covered; specific
landforms that should or should not be included in the analyses; and
minimization and mitigation measures. The Services estimate that the
draft EIS will be available for public review in the winter of 2010.
The environmental review of this project will be conducted in
accordance with the requirements of the NEPA of 1969, as amended (42
U.S.C. 4321 et seq.), the Council on Environmental Quality Regulations
(40 CFR parts 1500
[[Page 7471]]
1508), other applicable Federal laws and regulations, and applicable
policies and procedures of the Services. This notice is being furnished
in accordance with 40 CFR 1501.7 of the NEPA regulations to obtain
suggestions and information from other agencies and the public on the
scope of issues and alternatives to be addressed in the EIS.
Reasonable Accommodation
Persons needing reasonable accommodation to attend and participate
in one of the public meetings should contact Ken Troyer (see FOR
FURTHER INFORMATION CONTACT). To allow sufficient time to process
requests, please call no later than five days prior to the meeting you
plan to attend. Information regarding the applicant's proposed action
is available in alternative formats upon request.
Dated: February 9, 2009.
David Wesley,
Deputy Regional Director, Fish and Wildlife Service, Region 1,
Portland, Oregon
Dated: February 10, 2009.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9-3294 Filed 2-13-09; 8:45 am]
BILLING CODES 4310-55-S, 3510-22-S
