[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80329-80332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25032]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2022-0074; ES11140100000-245-FF01E0000]
Draft Environmental Impact Statement for the Barred Owl
Management Strategy; Washington, Oregon, and California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; notice of virtual public meetings;
request for comments.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) developed a
proposed barred owl management strategy (management strategy) to
address the threat of the nonnative, invasive barred owl (Strix varia)
to the native northern spotted owl (Strix occidentalis caurina) and
California spotted owl (Strix occidentalis occidentalis). In accordance
with the National Environmental Policy Act, this notice announces the
availability of a draft environmental impact statement (DEIS)
evaluating the impacts on the human environment related to the proposed
management strategy and associated take of barred owls, which is
prohibited under the Migratory Bird Treaty Act unless authorized by the
Service by permit or regulation. We invite public comments on the
proposed management strategy and DEIS from the public and Federal,
Tribal, State, and local governments.
DATES: Submitting Comments: Hardcopy comments must be received or
postmarked on or before January 16, 2024. (See ADDRESSES.) Comments
submitted online at https://www.regulations.gov/ must be received by
11:59 p.m. eastern time on January 16, 2024.
Virtual Public Meetings: We will hold two virtual public meetings,
on December 4, 2023, and December 14, 2023, from 6 to 8 p.m. Pacific
time. For more information, see Virtual Public Meetings under
SUPPLEMENTARY INFORMATION.
ADDRESSES: Submitting Comments: You may submit comments by one of the
following methods:
Internet: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R1-ES-2022-0074.
U.S. mail: Public Comments Processing; Attn: Docket No.
FWS-R1-ES-2022-0074; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post online any personal information that
you provide. We request that you submit comments by only the methods
above. For additional information about submitting comments, see Public
Comments under SUPPLEMENTARY INFORMATION.
Public Meeting: A registration link and access instructions for the
virtual meetings will be posted to https://www.fws.gov/office/oregon-fish-and-wildlife at least 1 week prior to the public meeting dates.
Reviewing U.S. Environmental Protection Agency (EPA) Comments on the
DEIS: See EPA's Role in the EIS Process under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Robin Bown, by telephone at 503-231-
6923, or by email at [email protected]. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service (Service)
developed a proposed barred owl management strategy (management
strategy) to address the threat of nonnative invasive barred owl on two
native owl subspecies in the West, the northern spotted owl (Strix
occidentalis caurina) and California spotted owl (Strix occidentalis
occidentalis). Implementation of the management
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strategy would involve the reduction of barred owl populations in
targeted management areas in Washington, Oregon, and California. On
July 22, 2022, the Service published a notice of intent (87 FR 43886)
to develop a draft environmental impact statement (DEIS) evaluating the
impacts on the human environment from implementation of the proposed
management strategy and a reasonable range of alternatives, consistent
with the purpose and goals of the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). The Service, with input from several
Federal, State, and Tribal cooperating agencies, has prepared this DEIS
pursuant to the Council on Environmental Quality's (CEQ's) implementing
NEPA regulations at 40 Code of Federal Regulations (CFR) parts 1500-
1508, which became effective on May 20, 2022 (April 20, 2022, 87 FR
23453). We invite public comments on the proposed management strategy
and DEIS from the public and Federal, Tribal, State, and local
governments.
Background
Spotted owls are native to western North America. Competition from
the nonnative invasive barred owls has been identified as a primary
threat to the northern spotted owl, listed as threatened under the
Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), as well as a
threat to the persistence of California spotted owl, which the Service
has proposed to list as endangered in some areas and threatened in
others (88 FR 11600, February 23, 2023). Additional primary threats
include the loss of habitat to timber harvest on non-Federal lands and
to wildfires on Federal lands.
Barred owls, native to eastern North America, began to expand their
range around 1900, concurrent with European settlement and facilitated
by the subsequent human-caused changes to the Great Plains and northern
boreal forest. These slightly larger and more aggressive owls quickly
displaced spotted owls from their historic territories. Without
management of barred owls, extirpation of northern spotted owls from
major portions of their historic range is likely in the near future.
While barred owls have not substantially impacted California spotted
owl populations to date, the establishment of a small barred owl
population in the northern Sierra Nevada, and the history of the
invasion and impacts on northern spotted owls following such expansion,
indicates that barred owls are also a significant threat to the
persistence of California spotted owls.
The barred owl is protected under the Migratory Bird Treaty Act
(MBTA; 16 U.S.C. 703-712), which prohibits take of protected migratory
bird species unless authorized by the Service through permit or
regulation (50 CFR 21.10).
Purpose and Need for the Proposed Action
Using information from a recently completed barred owl removal
experiment and other applicable studies and research findings, the
Service determined that barred owl removal can be an effective method
for the conservation of spotted owls. The purpose of this action is to
reduce barred owl populations to improve the survival and recovery of
northern spotted owls and to prevent declines in California spotted
owls from barred owl competition. Relative to northern spotted owls,
the purpose is to reduce barred owl populations within selected
treatment areas in the short term and increase northern spotted owl
populations in those treatment areas. Relative to the California
spotted owl, the purpose is to limit the invasion of barred owls into
the range of the subspecies and provide for a rapid response to reduce
barred owl populations that may become established.
This action is needed because invasive barred owls compete with
northern and California spotted owls. Competition from the invasive
barred owl is a primary cause of the rapid and ongoing decline of
northern spotted owl populations. Due to the rapidity of the decline,
it is critical that we manage invasive barred owl populations to reduce
their negative effect before northern spotted owls are extirpated from
large portions of their native range. There is also a need to focus on
limiting the invasion of barred owls into the California spotted owl
range, as we expect additional impacts to California spotted owl
populations would be inevitable without barred owl management, and
invasive species are very difficult to remove once established.
Proposed Action and Alternatives
The proposed action is the issuance of a Migratory Bird Special
Purpose permit under the MBTA (50 CFR 21.95) and implementation of the
management strategy. The DEIS analyzes the proposed action, a no action
alternative, and a reasonable range of alternatives to the proposed
action, including the environmental consequences of each alternative.
All action alternatives include issuance of an MBTA permit for
management to reduce barred owl populations in areas within the
northern spotted owl's range and to prevent establishment of barred owl
populations within the California spotted owl's range. The locations
and relative priorities for removal would vary by action alternative.
None of the alternatives would require any entity to implement barred
owl management; rather, they outline various combinations of management
approaches, geographic areas, and other components that would allow for
and guide management actions and the ability to prioritize areas of
greatest need.
Six alternatives are analyzed in detail in the DEIS:
Alternative 1--No Action: under the no action alternative, a
comprehensive management strategy would not be finalized or
implemented, and the Service would not issue an MBTA permit for
systematic management of barred owls. Ongoing barred owl removal as
part of research efforts in California, and future research efforts
that may be proposed anywhere in the range of the spotted owl, would
still occur.
Alternative 2--Management Strategy Implementation (Proposed
Action): Under the proposed action, we would apply three approaches to
barred owl management within the northern spotted owl range: spotted
owl site management, General Management Areas with associated Focal
Management Areas, and Special Designated Areas. Site management
involves removing barred owls from within and around spotted owl sites,
with priority given to recently occupied sites. General Management
Areas are large areas within which barred owl management would occur on
smaller Focal Management Areas. Focal Management Areas would be
established at the time of removal by the implementing entity, based on
general direction and prioritization provided in the management
strategy. Special Designated Areas are areas mapped to support specific
identified needs, such as connectivity between populations, buffer
zones to provide a barrier to invasion, special emphasis areas, or
management of early invasions. In the California spotted owl range,
where we are focused on early detection and rapid response at the
invasion front, the proposed action focuses on surveys, inventory, and
monitoring to detect invading barred owls and rapid removal of any
barred owls detected.
Alternative 3--Management Across the Range: Under this alternative,
barred owl management could be implemented anywhere within the range of
the
[[Page 80331]]
northern or California spotted owls or within 15 miles of the range of
the subspecies on up to 50 percent of the area. There would be no
specific requirements for size or location of management areas.
Alternative 4--Limited Management by Province/Population: Within
the northern spotted owl range, this alternative would focus barred owl
management on a single large General Management Area within each
province. This approach supports a single, but larger, spotted owl
population in each province. In the California spotted owl range,
barred owl management would be delayed until detections reached 10
percent of surveys in areas within the Sierra Nevada portion of the
population, or 5 percent within the Coastal-Southern California portion
of the province. This would allow barred owl populations to be
established, but removed before they can substantially impact spotted
owls.
Alternative 5--Management Focused on Highest Risk Areas: In the
northern spotted owl range, this alternative would focus barred owl
management in the northern provinces, where the subspecies is at
greatest risk of extirpation from barred owl competition in the
Washington East Cascades, Washington West Cascades, Oregon East
Cascades, Oregon West Cascades, Oregon Coast Ranges, and Olympic
Peninsula Physiographic Provinces. In the California spotted owl range,
barred owl management would be limited to the northern Sierra Nevada
portion of the subspecies range, where the barred owl invasion
initially occurred and represents the most likely pathway for larger
numbers of barred owls to invade the California spotted owl range.
Alternative 6--Management Focused on Best Conditions: This
alternative would focus barred owl management in the southern portion
of the northern spotted owl range, where spotted owl populations have
not decreased to the degree they have in the north, including the
Oregon Klamath, California Coast, California Klamath, and California
Cascades Physiographic Provinces. In the California spotted owl range,
barred owl management would be focused on areas with the best remaining
habitat and areas with higher fire resiliency, including the Sierra
Nevada portion of the range with the best remaining habitat, and the
Coastal-Southern California portion of the range.
Summary of Impacts
The DEIS describes the potential direct and indirect effects of
each alternative on the human environment, focusing on impacts to
barred owls, spotted owls, other wildlife species, recreation and
visitor use, wilderness, socioeconomics, and climate change, as well as
cumulative effects of the action when added to the effects of other
past, present, and reasonably foreseeable actions. Effects to other
resources were considered but dismissed from detailed analysis because
significant effects on public health and safety, cultural resources,
Tribes, ethical considerations, environmental justice, or geology,
soils, water, vegetation, or air quality are not expected.
Lead and Cooperating Agencies
The Service is the lead agency for the NEPA process, including
development of the DEIS. The following agencies are cooperating
agencies in the NEPA process and provided input and assistance with the
development of the EIS: U.S. Forest Service (Regions 5 and 6), Bureau
of Land Management (Oregon), Bureau of Land Management (California),
National Park Service (Interior Regions 8, 9, 10, 12), Washington
Department of Fish and Wildlife, Washington Department of Natural
Resources, Oregon Department of Forestry, Oregon Department of Fish and
Wildlife, California Department of Fish and Wildlife, and the
California Department of Forestry and Fire Protection.
Anticipated Permits and Authorizations
In addition to compliance with the ESA and MBTA discussed above,
compliance with section 106 of the National Historic Preservation Act
is required by law for all Federal undertakings. The proposed action of
issuing an MBTA permit is a Federal undertaking. In this case, our
preliminary analysis is that the proposed action has no potential to
cause effects, because the proposed action, along with all action
alternatives, does not involve any ground disturbing or other
activities that might result in direct or indirect effects to known or
potential cultural resources.
Depending on the location and landowners involved in implementation
of the management strategy, barred owl management could require
additional Federal and State permits. We anticipate the potential need
to acquire permits from the States of Washington, Oregon, and
California to carry out the proposed barred owl removal actions under
the proposed management strategy.
EPA's Role in the EIS Process
The EPA is charged under section 309 of the Clean Air Act with
reviewing all Federal agencies' EISs and commenting on the adequacy and
acceptability of the environmental impacts of proposed actions. Under
the CEQ NEPA regulations, EPA is also responsible for administering the
EIS filing process. EPA is publishing a notice in the Federal Register
announcing this DEIS. The publication date of EPA's notice of
availability is the official beginning of the public comment period.
EPA serves as the repository (EIS database) for EISs prepared by
Federal agencies. You may search for EPA comments on EISs, along with
EISs themselves, at https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.
Public Comments
You may submit your comments and materials on the proposed
management strategy and the DEIS by one of the methods in ADDRESSES. We
specifically request information on the following:
1. Biological information, analysis, and relevant data concerning
the barred owl, spotted owl, and their interactions.
2. Components of the barred owl strategy, including but not limited
to:
a. Locations where barred owl management should be focused or where
management should be avoided;
b. Specific techniques for removal of barred owls or reduction in
barred owl populations; and
c. Criteria and approaches for selecting management areas.
3. The alternatives analysis conducted by the Service, including
the alternatives analyzed, the range of alternatives analyzed, and the
alternatives considered but not analyzed in detail.
4. Potential effects of the proposed action and alternatives on
other aspects of the human environment, including other wildlife
species and habitats as well as aesthetic, historic, cultural,
economic, social, environmental justice, or health resources.
5. Cumulative effects, which are effects on the environment that
result from the incremental effects of the action when added to the
effects of other past, present, and reasonably foreseeable actions, as
well as any connected actions that are closely related and should be
discussed in the same DEIS.
6. The alternatives, information, and analyses submitted during the
public scoping period and the summary thereof.
7. Other information relevant to the proposed management strategy
and MBTA take authorization, and its impacts on the human environment.
[[Page 80332]]
Virtual Public Meeting
To provide for the wide attendance of interested parties, two
virtual public meetings will be conducted. See DATES and ADDRESSES for
the dates and times of the virtual public meetings. During the
meetings, the Service will present information about the management
strategy and MBTA take authorization and provide an opportunity for the
public to ask questions about the proposed management strategy and the
DEIS. The first meeting will provide additional focus on barred owl
management within the northern spotted owl's range. The second meeting
will provide additional focus on management within the range of
California spotted owls. No opportunity for oral comments will be
provided. Written comments may be submitted by the methods listed in
ADDRESSES.
Reasonable Accommodations
Persons needing reasonable accommodations in order to participate
in the public meetings should contact the Service's Oregon Fish and
Wildlife Office as soon as possible, using one of the methods listed in
ADDRESSES. In order to allow sufficient time to process requests,
please make contact at least 10 days before the public meeting date.
Information regarding this proposed action is available in alternative
formats upon request.
Public Availability of Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. Before including your address, phone number, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--might be made publicly available at any time. While you
can ask us in your comment to withhold your personal identifying
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 references for
supporting documentation we used in preparing the DEIS, will be
available for public inspection online in Docket No. FWS-R1-ES-2022-
0074 at https://www.regulations.gov/ (see FOR FURTHER INFORMATION
CONTACT).
Next Steps and Decision To Be Made
After public review and comment, the Service will review any
comments received and prepare a final EIS (FEIS). The Service will also
complete an ESA Section 7 biological opinion before making a final
decision. At least 30 days after the FEIS is published, we expect that
the Service will complete a record of decision pursuant to 40 CFR
1505.2, in accordance with applicable timeframes established in 40 CFR
1506.11. The current estimate for the issuance of the record of
decision is July 2024.
Authority
We provide this notice in accordance with the requirements of NEPA
and its implementing regulations (40 CFR 1503.1 and 1506.6).
Bridget Fahey,
Deputy Regional Director, Pacific Region.
[FR Doc. 2023-25032 Filed 11-16-23; 8:45 am]
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