Draft Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit for the Northern Spotted Owl and Marbled Murrelet; City of Everett, Snohomish County, Washington, 25709-25711 [2015-10466]
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2015–N070;
FXES11120100000–156–FF01E00000]
Draft Safe Harbor Agreement and
Receipt of Application for an
Enhancement of Survival Permit for
the Northern Spotted Owl and Marbled
Murrelet; City of Everett, Snohomish
County, Washington
AGENCY:
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
We, the U.S. Fish and
Wildlife Service (Service), have
received, from the City of Everett
(Everett), an application for an
enhancement of survival permit for the
federally threatened northern spotted
owl and marbled murrelet under the
Endangered Species Act of 1973, as
amended (ESA). The permit application
includes a draft safe harbor agreement
(SHA) and implementing agreement (IA)
between Everett and the Service
addressing habitat conservation and
forest management, including timber
harvest on lands within Everett’s
municipal watershed in Snohomish
County, Washington. We invite
comments from all interested parties on
the application, including the draft
SHA, draft IA, and a draft
environmental action statement (EAS)
prepared pursuant to the requirements
of the National Environmental Policy
Act (NEPA).
DATES: To ensure consideration, written
comments must be received from
interested parties by June 4, 2015.
ADDRESSES: To request further
information or submit written
comments, please use one of the
following methods, and note that your
information request or comments are in
reference to the Everett Draft SHA.
• Internet: Documents may be viewed
and downloaded on the Internet at
https://www.fws.gov/wafwo/.
• Email: wfwocomments@fws.gov.
Include ‘‘Everett Draft SHA’’ in the
subject line of the message.
• U.S. Mail: Mark Ostwald, U.S. Fish
and Wildlife Service, Washington Fish
and Wildlife Office, 510 Desmond
Drive, Southeast, Suite 102, Lacey, WA
98503.
• In-Person Drop-off, Viewing, or
Pickup: Call 360–753–9440 to make an
appointment (necessary for viewing or
pickup only) during regular business
hours at the U.S. Fish and Wildlife
Service, Washington Fish and Wildlife
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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17:18 May 04, 2015
Jkt 235001
Office, 510 Desmond Drive, Southeast,
Suite 102, Lacey, WA 98503.
FOR FURTHER INFORMATION CONTACT:
Mark Ostwald, U.S. Fish and Wildlife
Service (see ADDRESSES), telephone 360–
753–9564. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Under a SHA, participating
landowners voluntarily undertake
management activities on their property
to enhance, restore, or maintain habitat
benefiting species listed under the ESA
(16 U.S.C. 1531 et seq.). SHAs, and the
subsequent enhancement of survival
permits that are issued to participating
landowners pursuant to section
10(a)(1)(A) of the ESA, encourage
private and other non-Federal property
owners to implement conservation
actions for federally listed species by
assuring the landowners that they will
not be subjected to increased property
use restrictions as a result of their efforts
to either attract listed species to their
property, or to increase the numbers or
distribution of listed species already on
their property. These assurances allow
the property owner to alter or modify
the enrolled property back to agreedupon pre-permit baseline conditions at
the end of the term of the permit, even
if such alteration or modification results
in the incidental take of a listed species.
The baseline conditions must reflect the
known biological and habitat
characteristics that support existing
levels of use of the property by species
covered in the SHA. SHA assurances
depend on the property owner
complying with obligations in the SHA
and the terms and conditions of the
permit. The SHA’s net conservation
benefits must be sufficient to contribute,
either directly or indirectly, to the
recovery of the covered listed species.
Enrolled landowners may make lawful
use of the enrolled property during the
permit term and may incidentally take
the listed species named on the permit
as long as that take does not modify the
agreed-upon net conservation benefit to
the species. Application requirements
and issuance criteria for enhancement of
survival permits for SHAs are found in
the Code of Federal Regulations (CFR) at
50 CFR 17.22(c). The Service’s Safe
Harbor Policy (64 FR 32717, June 17,
1999) and the Safe Harbor Regulations
(68 FR 53320, September 10, 2003; and
69 FR 24084, May 3, 2004) are available
at https://www.fws.gov/endangered/lawspolicies/regulations-and-policies.html.
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25709
The Service has received from Everett
an application for an enhancement of
survival permit under the ESA to
authorize incidental take of the federally
threatened northern spotted owl (Strix
occidentalis caurina) and the marbled
murrelet (Brachyamphus marmoratus).
The permit application includes a draft
SHA and IA between Everett and the
Service. The SHA addresses habitat
conservation and forest management,
including timber harvest, on Everett’s
Lake Chaplain Tract (LCT) located
within Everett’s municipal watershed in
Snohomish County, Washington. The
total area of the LCT is approximately
3,729 acres, of which 715 acres is
comprised of non-forested areas. The
non-forested areas include Lake
Chaplain, portions of the Sultan River,
non-forested wetlands, water filtration
facilities, and rights-of-way.
Approximately half of the forest stands
in the LCT are older than 80 years.
Activities covered under the SHA are
timber management and drinking water
production. Everett’s management
objective for the SHA is to enhance and
maintain habitat for marbled murrelets
and northern spotted owls while
continuing to generate revenue from
forest management operations.
There is one known marbled
murrelet–occupied site on the LCT. The
LCT is within a marbled murrelet
detection area as defined by WAC 222–
16–101. No federally designated
marbled murrelet critical habitat occurs
on the LCT; however, approximately 80
percent of the LCT perimeter is adjacent
to properties that are designated critical
habitat for the marbled murrelet. There
are no known northern spotted owl site
centers on the LCT; however, recent
surveys have not been conducted in all
areas of suitable habitat. The LCT is
situated between two northern spotted
owl special emphasis areas designated
by Washington Forest Practices Rules.
The nearest federally designated
northern spotted owl critical habitat is
approximately 8 miles northeast of the
LCT.
Everett is simultaneously applying to
the Washington State Department of
Natural Resources (WDNR) for a
Cooperative Habitat Enhancement
Agreement (CHEA) under the
Washington State Forest Practice Rules
(WAC 222–16–105). The SHA and
CHEA are one document that serves the
requirements of both the Service and the
WDNR. The applicant worked closely
with the Service, the Washington
Department of Fish and Wildlife, and
the WDNR to develop the SHA and
CHEA.
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05MYN1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
25710
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
Proposed Action
The Service proposes to enter into the
SHA and IA and to issue an
enhancement of survival permit to
Everett for incidental take of the
northern spotted owl and the marbled
murrelet caused by covered activities, if
permit issuance criteria are met. Both
the SHA and the permit would have a
term of 50 years.
Due to the overlap of suitable habitat
characteristics for marbled murrelets
and northern spotted owls and the
nature of the LCT forest stands, the
SHA’s baseline is unified for both
covered species. The baseline totals
about 447 acres and consists of 4
separate large blocks of the highest
quality forest habitat for the covered
species on the LCT. The baseline
represents the areas on the LCT that are
most likely to be occupied by the
covered species currently and during
the term of the SHA.
The conservation benefits for the
marbled murrelet and the northern
spotted owl under the SHA are expected
to be realized through implementation
of the following management actions:
Reconfiguration of the special set asides
(SSAs), enhancement of riparian buffers,
an increase in special management areas
(SMAs), longer harvest rotations, and
enhanced protection of occupied sites.
The SSAs are old-growth management
areas and permanent mixed hardwood
and conifer forests, which will not be
harvested during the term of the
agreement. Under the draft SHA, most
of the original old-growth management
areas and some of the permanent mixed
forests on the LCT were reconfigured
into the baseline blocks. Those not
included in the baseline remain as
SSAs, except for 56 acres that will be
harvested to offset the addition of
formerly harvestable areas to the
baseline. The enhanced riparian buffers
under this SHA will result in more trees
within the buffer zones than would be
required under the standard Washington
State Forest Practice Rules, and there
will be 32 more acres of SMAs,
including green tree areas, unstable
slopes, and forested wetlands.
Regeneration harvest rotations will
average 60 years, compared to the
industry standard of 45 years.
Additional management actions under
the proposed SHA to benefit the
northern spotted owl are enhanced snag
and downed wood retention measures,
plus planting and thinning to encourage
understory plants that support northern
spotted owl prey species.
Under the proposed SHA, Everett will
not be required to survey for marbled
murrelets or northern spotted owls;
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17:18 May 04, 2015
Jkt 235001
however, if Everett becomes aware of
the presence of an occupied site, the
draft SHA identifies specific measures
to avoid disturbance of the site and to
protect the habitat. Occupancy by the
marbled murrelet and the northern
spotted owl is most likely to occur
within the baseline blocks, SSAs, and
riparian buffers where suitable marbled
murrelet and northern spotted owl
habitat will continue to improve or
develop over time because harvest is
deferred during the term of the
proposed permit in these areas. In these
areas, deferring harvest would already
protect the habitat associated with an
occupied site; however, depending on
the exact location of a site, it may need
to be protected from noise and other
human disturbance as described in the
draft SHA. Each year, if marbled
murrelet or northern spotted owl
occupancy occurs outside of the
deferred-harvest areas, then core areas
for one occupied site for each covered
species will be protected from harvest
and disturbance for at least 5 years.
Incidental take of the covered species
in the form of harassment from noise or
visual disturbance may occur during the
term of the permit from forest
management activities. Incidental take
in the form of direct mortality or harm
from altering occupied sites is not likely
because occupancy is most likely going
to occur in the deferred-harvest areas.
Direct mortality or harm of the covered
species could occur in the unlikely
event that areas not deferred from
harvest become occupied prior to
harvesting. All forms of incidental take
of the covered species could occur from
timber harvesting activities in the SSAs,
SMAs, or riparian areas in association
with a return to the identified agreedupon baseline habitat conditions.
However, if similar Washington State
Forest Practices Rules are in effect at the
time, some of these areas may continue
to be retained under those rules.
The net conservation benefits for both
covered species are expected to be
realized through the reconfiguration and
retention of four large blocks of habitat
designated as the baseline condition for
the proposed SHA. The reconfiguration
should enhance future nesting potential
for both marbled murrelets and
dispersing northern spotted owls,
especially as the habitat continues to
improve in quality over the term of the
SHA. An increase in the quantity and
distribution of SMAs will benefit the
covered species by providing additional
buffers adjacent to suitable nesting
habitat in deferred-harvest areas. If
occupancy by covered species occurs
outside of deferred-harvest areas, the
minimum protection period for an
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Fmt 4703
Sfmt 4703
occupied site is increased by 2.5 years
for the marbled murrelet and 5 years for
the northern spotted owl compared to
standard Washington State Forest
Practices Rules. All of these habitat
improvements are expected to increase
the number and distribution of marbled
murrelets and northern spotted owls on
the LCT compared to what would likely
occur under standard forest practices.
National Environmental Policy Act
Compliance
The development of the draft SHA
and the proposed issuance of an
enhancement of survival permit is a
Federal action that triggers the need for
compliance with the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.)
(NEPA). We have made a preliminary
determination that the proposed SHA,
IA, and permit issuance are eligible for
categorical exclusion under the NEPA.
The basis for our preliminary
determination is contained in an EAS,
which is available for public review (see
ADDRESSES).
Public Comments
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. We request
data, new information, or comments
from the public, other concerned
governmental agencies, Tribes, the
scientific community, industry, or any
other interested party via this notice on
our proposed Federal action. In
particular, we request information and
comments regarding:
(1) Whether the implementation of the
proposed SHA and IA would provide a
net conservation benefit to the covered
species;
(2) Other conservation measures that
would lead to a net-conservation benefit
for the covered species;
(3) The length of the proposed term of
the enhancement of survival permit;
(4) The direct, indirect, and
cumulative effects that implementation
of the SHA and IA could have on the
human environment;
(5) Other plans, projects, or
information that might be relevant to
evaluating the effects of this proposed
action; and
(6) Information regarding the
adequacy of the proposed SHA and IA
pursuant to the requirement for permits
at 50 CFR parts 13 and 17.
Public Availability of Comments
All comments and materials we
receive become part of the public record
associated with this action. Before
including your address, phone number,
email address, or other personally
E:\FR\FM\05MYN1.SGM
05MYN1
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
identifiable information in your
comments, you should be aware that
your entire comment—including your
personally identifiable information—
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personally
identifiable information from public
review, we cannot guarantee that we
will be able to do so. All submissions
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety. Comments and materials
we receive, as well as supporting
documentation we used in preparing the
draft EAS, will be available for public
inspection by appointment, during
normal business hours, at our
Washington Fish and Wildlife Office
(see ADDRESSES).
Next Steps
We will evaluate the draft SHA,
associated documents, and any public
comments we receive to determine
whether the permit application and the
EAS meet the requirements of section
10(a) of the ESA and NEPA,
respectively, and their respective
implementing regulations. We will also
evaluate whether issuance of an
enhancement of survival permit would
comply with section 7 of the ESA by
conducting an intra-Service section 7
consultation on the proposed permit
action. If we determine that all
requirements are met, we will sign the
proposed SHA and IA, and issue an
enhancement of survival permit under
section 10(a)(1)(A) of the ESA to the
applicant, Everett, for incidental take of
the northern spotted owl and the
marbled murrelet caused by covered
activities in accordance with the terms
of the permit, SHA, and IA. We will not
make our final decision until after the
end of the 30-day public comment
period, and we will fully consider all
comments and information we receive
during the public comment period.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Authority
We provide this notice pursuant to
section 10(c) of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq.), its implementing regulations
(50 CFR 17.22), and the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR
1506.6).
VerDate Sep<11>2014
17:18 May 04, 2015
Jkt 235001
Dated: April 14, 2015.
Richard Hannan,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2015–10466 Filed 5–4–15; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
25711
The plat, in 2 sheets, and field notes
of the dependent resurvey and survey in
Township 50 North, Range 14 West,
New Mexico Principal Meridian,
Colorado, were accepted on April 15,
2015.
Randy Bloom,
Chief Cadastral Surveyor for Colorado.
[FR Doc. 2015–10463 Filed 5–4–15; 8:45 am]
BILLING CODE 4310–JB–P
[LLCO956000 L14400000.BJ0000]
Notice of Filing of Plats of Survey;
Colorado.
AGENCY:
Bureau of Land Management,
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Interior.
ACTION: Notice of filing of plats of
survey; Colorado.
[LLCO956000 L14400000.BJ0000]
The Bureau of Land
Management (BLM) Colorado State
Office is publishing this notice to
inform the public of the intent to
officially file the survey plats listed
below and afford a proper period of time
to protest this action prior to the plat
filing. During this time, the plats will be
available for review in the BLM
Colorado State Office.
DATES: Unless there are protests of this
action, the filing of the plats described
in this notice will happen on June 4,
2015.
AGENCY:
SUMMARY:
BLM Colorado State Office,
Cadastral Survey, 2850 Youngfield
Street, Lakewood, CO 80215–7093.
FOR FURTHER INFORMATION CONTACT:
Randy Bloom, Chief Cadastral Surveyor
for Colorado, (303) 239–3856.
Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The plat
and field notes of the dependent
resurvey and survey in Township 46
North, Range 12 East, New Mexico
Principal Meridian, Colorado, were
accepted on March 18, 2015.
The plat incorporating the field notes
of the corrective dependent resurvey in
Township 1 South, Range 78 West,
Sixth Principal Meridian, Colorado, was
accepted on March 20, 2015.
The plat and field notes of the metesand-bounds survey in partially surveyed
Township 41 North, Range 9 West, New
Mexico Principal Meridian, Colorado,
were accepted on April 9, 2015.
ADDRESSES:
PO 00000
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Notice of Filing of Plats of Survey;
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of Filing of Plats of
Survey; Colorado
The Bureau of Land
Management (BLM) Colorado State
Office is publishing this notice to
inform the public of the official filing of
the survey plats listed below. The plats
will be available for viewing at https://
www.glorecords.blm.gov.
DATES: The plats described in this notice
were filed on April 17, 2015.
ADDRESSES: BLM Colorado State Office,
Cadastral Survey, 2850 Youngfield
Street, Lakewood, CO 80215–7093.
FOR FURTHER INFORMATION CONTACT:
Randy Bloom, Chief Cadastral Surveyor
for Colorado, (303) 239–3856.
Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The
supplemental plat of section 20 in
Township 13 South, Range 90 West,
Sixth Principal Meridian, Colorado, was
accepted on April 16, 2015, and filed on
April 17, 2015.
The supplemental plat of sections 25,
35, and 36 in Township 13 South, Range
90 West, Sixth Principal Meridian,
Colorado, was accepted on April 16,
2015, and filed on April 17, 2015.
SUMMARY:
Randy Bloom,
Chief Cadastral Surveyor for Colorado.
[FR Doc. 2015–10462 Filed 5–4–15; 8:45 am]
BILLING CODE 4310–JB–P
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Agencies
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Pages 25709-25711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10466]
[[Page 25709]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2015-N070; FXES11120100000-156-FF01E00000]
Draft Safe Harbor Agreement and Receipt of Application for an
Enhancement of Survival Permit for the Northern Spotted Owl and Marbled
Murrelet; City of Everett, Snohomish County, Washington
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received, from the City of Everett (Everett), an application for an
enhancement of survival permit for the federally threatened northern
spotted owl and marbled murrelet under the Endangered Species Act of
1973, as amended (ESA). The permit application includes a draft safe
harbor agreement (SHA) and implementing agreement (IA) between Everett
and the Service addressing habitat conservation and forest management,
including timber harvest on lands within Everett's municipal watershed
in Snohomish County, Washington. We invite comments from all interested
parties on the application, including the draft SHA, draft IA, and a
draft environmental action statement (EAS) prepared pursuant to the
requirements of the National Environmental Policy Act (NEPA).
DATES: To ensure consideration, written comments must be received from
interested parties by June 4, 2015.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods, and note that your information
request or comments are in reference to the Everett Draft SHA.
Internet: Documents may be viewed and downloaded on the
Internet at https://www.fws.gov/wafwo/.
Email: wfwocomments@fws.gov. Include ``Everett Draft SHA''
in the subject line of the message.
U.S. Mail: Mark Ostwald, U.S. Fish and Wildlife Service,
Washington Fish and Wildlife Office, 510 Desmond Drive, Southeast,
Suite 102, Lacey, WA 98503.
In-Person Drop-off, Viewing, or Pickup: Call 360-753-9440
to make an appointment (necessary for viewing or pickup only) during
regular business hours at the U.S. Fish and Wildlife Service,
Washington Fish and Wildlife Office, 510 Desmond Drive, Southeast,
Suite 102, Lacey, WA 98503.
FOR FURTHER INFORMATION CONTACT: Mark Ostwald, U.S. Fish and Wildlife
Service (see ADDRESSES), telephone 360-753-9564. If you use a
telecommunications device for the deaf (TDD), please call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Under a SHA, participating landowners voluntarily undertake
management activities on their property to enhance, restore, or
maintain habitat benefiting species listed under the ESA (16 U.S.C.
1531 et seq.). SHAs, and the subsequent enhancement of survival permits
that are issued to participating landowners pursuant to section
10(a)(1)(A) of the ESA, encourage private and other non-Federal
property owners to implement conservation actions for federally listed
species by assuring the landowners that they will not be subjected to
increased property use restrictions as a result of their efforts to
either attract listed species to their property, or to increase the
numbers or distribution of listed species already on their property.
These assurances allow the property owner to alter or modify the
enrolled property back to agreed-upon pre-permit baseline conditions at
the end of the term of the permit, even if such alteration or
modification results in the incidental take of a listed species. The
baseline conditions must reflect the known biological and habitat
characteristics that support existing levels of use of the property by
species covered in the SHA. SHA assurances depend on the property owner
complying with obligations in the SHA and the terms and conditions of
the permit. The SHA's net conservation benefits must be sufficient to
contribute, either directly or indirectly, to the recovery of the
covered listed species. Enrolled landowners may make lawful use of the
enrolled property during the permit term and may incidentally take the
listed species named on the permit as long as that take does not modify
the agreed-upon net conservation benefit to the species. Application
requirements and issuance criteria for enhancement of survival permits
for SHAs are found in the Code of Federal Regulations (CFR) at 50 CFR
17.22(c). The Service's Safe Harbor Policy (64 FR 32717, June 17, 1999)
and the Safe Harbor Regulations (68 FR 53320, September 10, 2003; and
69 FR 24084, May 3, 2004) are available at https://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.
The Service has received from Everett an application for an
enhancement of survival permit under the ESA to authorize incidental
take of the federally threatened northern spotted owl (Strix
occidentalis caurina) and the marbled murrelet (Brachyamphus
marmoratus). The permit application includes a draft SHA and IA between
Everett and the Service. The SHA addresses habitat conservation and
forest management, including timber harvest, on Everett's Lake Chaplain
Tract (LCT) located within Everett's municipal watershed in Snohomish
County, Washington. The total area of the LCT is approximately 3,729
acres, of which 715 acres is comprised of non-forested areas. The non-
forested areas include Lake Chaplain, portions of the Sultan River,
non-forested wetlands, water filtration facilities, and rights-of-way.
Approximately half of the forest stands in the LCT are older than 80
years. Activities covered under the SHA are timber management and
drinking water production. Everett's management objective for the SHA
is to enhance and maintain habitat for marbled murrelets and northern
spotted owls while continuing to generate revenue from forest
management operations.
There is one known marbled murrelet-occupied site on the LCT. The
LCT is within a marbled murrelet detection area as defined by WAC 222-
16-101. No federally designated marbled murrelet critical habitat
occurs on the LCT; however, approximately 80 percent of the LCT
perimeter is adjacent to properties that are designated critical
habitat for the marbled murrelet. There are no known northern spotted
owl site centers on the LCT; however, recent surveys have not been
conducted in all areas of suitable habitat. The LCT is situated between
two northern spotted owl special emphasis areas designated by
Washington Forest Practices Rules. The nearest federally designated
northern spotted owl critical habitat is approximately 8 miles
northeast of the LCT.
Everett is simultaneously applying to the Washington State
Department of Natural Resources (WDNR) for a Cooperative Habitat
Enhancement Agreement (CHEA) under the Washington State Forest Practice
Rules (WAC 222-16-105). The SHA and CHEA are one document that serves
the requirements of both the Service and the WDNR. The applicant worked
closely with the Service, the Washington Department of Fish and
Wildlife, and the WDNR to develop the SHA and CHEA.
[[Page 25710]]
Proposed Action
The Service proposes to enter into the SHA and IA and to issue an
enhancement of survival permit to Everett for incidental take of the
northern spotted owl and the marbled murrelet caused by covered
activities, if permit issuance criteria are met. Both the SHA and the
permit would have a term of 50 years.
Due to the overlap of suitable habitat characteristics for marbled
murrelets and northern spotted owls and the nature of the LCT forest
stands, the SHA's baseline is unified for both covered species. The
baseline totals about 447 acres and consists of 4 separate large blocks
of the highest quality forest habitat for the covered species on the
LCT. The baseline represents the areas on the LCT that are most likely
to be occupied by the covered species currently and during the term of
the SHA.
The conservation benefits for the marbled murrelet and the northern
spotted owl under the SHA are expected to be realized through
implementation of the following management actions: Reconfiguration of
the special set asides (SSAs), enhancement of riparian buffers, an
increase in special management areas (SMAs), longer harvest rotations,
and enhanced protection of occupied sites. The SSAs are old-growth
management areas and permanent mixed hardwood and conifer forests,
which will not be harvested during the term of the agreement. Under the
draft SHA, most of the original old-growth management areas and some of
the permanent mixed forests on the LCT were reconfigured into the
baseline blocks. Those not included in the baseline remain as SSAs,
except for 56 acres that will be harvested to offset the addition of
formerly harvestable areas to the baseline. The enhanced riparian
buffers under this SHA will result in more trees within the buffer
zones than would be required under the standard Washington State Forest
Practice Rules, and there will be 32 more acres of SMAs, including
green tree areas, unstable slopes, and forested wetlands. Regeneration
harvest rotations will average 60 years, compared to the industry
standard of 45 years. Additional management actions under the proposed
SHA to benefit the northern spotted owl are enhanced snag and downed
wood retention measures, plus planting and thinning to encourage
understory plants that support northern spotted owl prey species.
Under the proposed SHA, Everett will not be required to survey for
marbled murrelets or northern spotted owls; however, if Everett becomes
aware of the presence of an occupied site, the draft SHA identifies
specific measures to avoid disturbance of the site and to protect the
habitat. Occupancy by the marbled murrelet and the northern spotted owl
is most likely to occur within the baseline blocks, SSAs, and riparian
buffers where suitable marbled murrelet and northern spotted owl
habitat will continue to improve or develop over time because harvest
is deferred during the term of the proposed permit in these areas. In
these areas, deferring harvest would already protect the habitat
associated with an occupied site; however, depending on the exact
location of a site, it may need to be protected from noise and other
human disturbance as described in the draft SHA. Each year, if marbled
murrelet or northern spotted owl occupancy occurs outside of the
deferred-harvest areas, then core areas for one occupied site for each
covered species will be protected from harvest and disturbance for at
least 5 years.
Incidental take of the covered species in the form of harassment
from noise or visual disturbance may occur during the term of the
permit from forest management activities. Incidental take in the form
of direct mortality or harm from altering occupied sites is not likely
because occupancy is most likely going to occur in the deferred-harvest
areas. Direct mortality or harm of the covered species could occur in
the unlikely event that areas not deferred from harvest become occupied
prior to harvesting. All forms of incidental take of the covered
species could occur from timber harvesting activities in the SSAs,
SMAs, or riparian areas in association with a return to the identified
agreed-upon baseline habitat conditions. However, if similar Washington
State Forest Practices Rules are in effect at the time, some of these
areas may continue to be retained under those rules.
The net conservation benefits for both covered species are expected
to be realized through the reconfiguration and retention of four large
blocks of habitat designated as the baseline condition for the proposed
SHA. The reconfiguration should enhance future nesting potential for
both marbled murrelets and dispersing northern spotted owls, especially
as the habitat continues to improve in quality over the term of the
SHA. An increase in the quantity and distribution of SMAs will benefit
the covered species by providing additional buffers adjacent to
suitable nesting habitat in deferred-harvest areas. If occupancy by
covered species occurs outside of deferred-harvest areas, the minimum
protection period for an occupied site is increased by 2.5 years for
the marbled murrelet and 5 years for the northern spotted owl compared
to standard Washington State Forest Practices Rules. All of these
habitat improvements are expected to increase the number and
distribution of marbled murrelets and northern spotted owls on the LCT
compared to what would likely occur under standard forest practices.
National Environmental Policy Act Compliance
The development of the draft SHA and the proposed issuance of an
enhancement of survival permit is a Federal action that triggers the
need for compliance with the National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.) (NEPA). We have made a preliminary
determination that the proposed SHA, IA, and permit issuance are
eligible for categorical exclusion under the NEPA. The basis for our
preliminary determination is contained in an EAS, which is available
for public review (see ADDRESSES).
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We request data, new information, or
comments from the public, other concerned governmental agencies,
Tribes, the scientific community, industry, or any other interested
party via this notice on our proposed Federal action. In particular, we
request information and comments regarding:
(1) Whether the implementation of the proposed SHA and IA would
provide a net conservation benefit to the covered species;
(2) Other conservation measures that would lead to a net-
conservation benefit for the covered species;
(3) The length of the proposed term of the enhancement of survival
permit;
(4) The direct, indirect, and cumulative effects that
implementation of the SHA and IA could have on the human environment;
(5) Other plans, projects, or information that might be relevant to
evaluating the effects of this proposed action; and
(6) Information regarding the adequacy of the proposed SHA and IA
pursuant to the requirement for permits at 50 CFR parts 13 and 17.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before including your address,
phone number, email address, or other personally
[[Page 25711]]
identifiable information in your comments, you should be aware that
your entire comment--including your personally identifiable
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personally identifiable
information from public review, we cannot guarantee that we will be
able to do so. All submissions from organizations or businesses, and
from individuals identifying themselves as representatives or officials
of organizations or businesses, will be made available for public
disclosure in their entirety. Comments and materials we receive, as
well as supporting documentation we used in preparing the draft EAS,
will be available for public inspection by appointment, during normal
business hours, at our Washington Fish and Wildlife Office (see
ADDRESSES).
Next Steps
We will evaluate the draft SHA, associated documents, and any
public comments we receive to determine whether the permit application
and the EAS meet the requirements of section 10(a) of the ESA and NEPA,
respectively, and their respective implementing regulations. We will
also evaluate whether issuance of an enhancement of survival permit
would comply with section 7 of the ESA by conducting an intra-Service
section 7 consultation on the proposed permit action. If we determine
that all requirements are met, we will sign the proposed SHA and IA,
and issue an enhancement of survival permit under section 10(a)(1)(A)
of the ESA to the applicant, Everett, for incidental take of the
northern spotted owl and the marbled murrelet caused by covered
activities in accordance with the terms of the permit, SHA, and IA. We
will not make our final decision until after the end of the 30-day
public comment period, and we will fully consider all comments and
information we receive during the public comment period.
Authority
We provide this notice pursuant to section 10(c) of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), its
implementing regulations (50 CFR 17.22), and the National Environmental
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR 1506.6).
Dated: April 14, 2015.
Richard Hannan,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service, Portland, Oregon.
[FR Doc. 2015-10466 Filed 5-4-15; 8:45 am]
BILLING CODE 4310-55-P