[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73504-73506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25359]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2020-N143; FXES11140100000-212-FF01E00000]
Draft Safe Harbor Agreements and Draft Environmental Assessments
for the Marbled Murrelet in Washington State
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received two
applications for enhancement of survival permits (permits) pursuant to
the Endangered Species Act of 1973, as amended. The permits would
authorize the incidental take of the threatened marbled murrelet
associated with forest management actions on private lands. The
applications each include a safe harbor agreement (SHA), describing the
actions the applicants will take to achieve a net conservation benefit
on their lands for the species. We also announce the availability of
two draft environmental assessments (EAs) addressing the effects of the
proposed permits and SHAs on the human environment in accordance with
the National Environmental Policy Act. We invite comments from all
interested parties.
DATES: To ensure consideration, please submit written comments by
December 18, 2020.
ADDRESSES: You may view or download copies of the SHAs and draft EAs
and obtain additional information on the internet at http://www.fws.gov/wafwo/. 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 ``Marbled Murrelet
SHAs in Washington:''
Email: wfwocomments@fws.gov.
U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N143 U.S. Fish and Wildlife Service; Washington Fish and Wildlife
Office, 510 Desmond Drive SE, Suite 102; Lacey, WA 98503.
FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning
and Hydropower Branch Manager, Washington Fish and Wildlife Office (see
ADDRESSES); telephone: 360-753-5823 or 360-951-4303. If you use a
telecommunications device for the deaf, please call the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: The Service received applications from the
Rayonier Operating Company, LLC (Rayonier), and the Sierra Pacific Land
& Timber Company Operating Company (Sierra Pacific) (jointly, the
applicants) for enhancement of survival permits (permits) pursuant to
section 10(a)(1)(A) of the Endangered Species Act (ESA; 16 U.S.C. 1531
et seq.). The applications each request a permit that would authorize
``take'' of the threatened marbled murrelet associated with forest
management actions on private lands, with implementation of a Safe
Harbor Agreement (SHA). The SHAs describe actions the applicants will
take to achieve a net conservation benefit for the covered species on
the applicants' lands. The Service also announces the availability of
two draft environmental assessments (EAs) addressing the effects of the
proposed permits and SHAs on the human environment in accordance with
the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.).
We invite comments from all interested parties regarding the permit
applications, including the SHAs and draft EAs.
Background
Section 9 of the ESA prohibits ``take'' of fish and wildlife
species listed as endangered (16 U.S.C. 1538(a)(1)). Section 4 of the
ESA allows FWS to issue regulations which prohibit the take of any fish
and wildlife species listed as threatened, as well (16 U.S.C. 1533(d)).
The take prohibition has been extended to the marbled murrelet. Under
the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined in our
regulations, includes significant habitat modification or degradation
that results in death or injury to listed species by significantly
impairing essential behavioral patterns, including breeding, feeding,
or sheltering (50 CFR 17.3). The term ``harass'' is defined in our
regulations as an intentional or negligent act or
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omission which creates the likelihood of injury to listed species by
annoying it to such an extent as to significantly disrupt normal
behavioral patterns, which include, but are not limited to, breeding,
feeding, or sheltering (50 CFR 17.3). Incidental take is defined as
take that is incidental to, and not the purpose of, the carrying out of
an otherwise lawful activity (50 CFR 17.3).
Under an SHA, participating landowners undertake management
activities on their property to enhance, restore, or maintain habitat
conditions for species listed under the ESA to an extent that is likely
to result in a net conservation benefit for the covered listed species.
An SHA, and the associated enhancement of survival permit issued to
participating landowners, encourages private and other non-Federal
property owners to implement conservation actions for federally listed
species by assuring the participating landowners that they will not be
subject 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.
An SHA and its associated permit 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
enrolled property by the species covered in the SHA. The authorization
to take listed species is contingent 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 term of the permit and may incidentally take the
listed species named on the permit in accordance with the terms and
conditions of the permit.
Permit application requirements and issuance criteria for
enhancement of survival permits for SHAs that involve species listed as
threatened, such as the marbled murrelet, are found in the Code of
Federal Regulations (CFR) at 50 CFR 17.32(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 http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.
Proposed Actions
The applicants have both developed SHAs in support of their
applications for enhancement of survival permits, pursuant to section
10(a)(1)(A) of the ESA. Rayonier's proposed SHA is for forest
management activities on over 212,400 acres of privately owned lands
located in eleven counties in western Washington. Sierra Pacific's
proposed SHA is for forest management activities on over 184,300 acres
of privately owned lands located in six counties in western Washington.
The Service's proposed actions are issuance of the requested permits
and implementation of the SHAs.
The requested permits would allow the applicants to maintain or
increase potential nesting habitat for the threatened marbled murrelet
on their lands, while providing incidental take authorization for
marbled murrelets associated with timber harvesting and other forest
management activities when conducted on the covered lands. Under the
proposed SHAs, the applicants will continue to manage their forest
lands for timber production in compliance with the Washington Forest
Practices Rules, which include provisions for the protection of
forested buffers along rivers, streams, wetlands, and unstable slopes.
Under the SHAs, the applicants will continue to protect all previously-
documented occupied marbled murrelet habitat on their lands.
Additionally, each applicant will defer harvest in certain other areas
identified as potential marbled murrelet nesting habitat on their lands
for the term of their respective SHA. By volunteering to defer timber
harvest in certain areas, the proposed SHAs protect more forest habitat
on their lands than would otherwise be protected under existing forest
practices rules. The term of the permits would extend to 2056, to
coincide with the term of the 2006 Washington Forest Practices Habitat
Conservation Plan, which provides take coverage for other ESA-listed
salmon and other aquatic species.
National Environmental Policy Act Compliance
The proposed issuance of a permit is a Federal action that triggers
the need for compliance with NEPA. Pursuant to the requirements of
NEPA, we have prepared two draft EAs to analyze the environmental
impacts of a reasonable range of alternatives to the proposed Federal
permit actions. As the EAs were developed prior to the Council on
Environmental Quality's issuance of updated regulations implementing
NEPA, which went into effect on September 14, 2020 (40 CFR 1506.13),
they were developed under the previous regulations in the interest of
time and efficiency.
The EAs analyze similar alternatives, and each includes a no-action
alternative, the proposed action, and an additional action alternative.
For each EA, the proposed action is implementation of the SHA and
issuance of the requested permit, as described above and in more detail
in the individual SHAs. Each EA also analyses a no-action alternative,
where the proposed Federal action of issuing the permit would not
proceed, and one additional alternative analyzing a variation on the
type and amount of habitat being considered to meet the net
conservation benefit standard.
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We specifically request information,
views, and opinions from interested parties regarding our proposed
Federal actions, including on the adequacy of the SHAs pursuant to the
requirements for permits at 50 CFR parts 13 and 17 and the adequacy of
the draft EAs pursuant to the requirements of NEPA.
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 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.
Next Steps
After public review and completion of the EAs, we will determine
whether the proposed actions warrant findings of no significant impact
or whether environmental impact statements should be prepared. We will
evaluate the permit applications, associated documents, and any
comments received, to determine whether each
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permit application meets the requirements of section 10(a)(1)(A) of the
ESA. We will also evaluate whether issuance of the requested permits
would comply with section 7(a)(2) of the ESA by conducting separate
intra-Service consultations on each proposed permit action. The final
NEPA and permit determinations will not be completed until after the
end of the 30-day comment period and will fully consider all comments
received during the comment period. If we determine that all
requirements are met, we intend to issue enhancement of survival
permits under section 10(a)(1)(A) of the ESA.
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321
et seq.) and their implementing regulations (50 CFR 17.32 and 40 CFR
1506.6, respectively).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-25359 Filed 11-17-20; 8:45 am]
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