[Federal Register: April 24, 2001 (Volume 66, Number 79)]
[Notices]
[Page 20673-20675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap01-75]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Application To Amend an Endangered Species Act
Incidental Take Permit: Inclusion of the Canada Lynx on the Washington
Department of Natural Resources Permit for Western Washington

AGENCY: Fish and Wildlife Service.

ACTION: Notice of Permit Amendment Application.

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SUMMARY: This notice advises the public that the Fish and Wildlife
Service (Service) has received a request to add the Canada lynx (Lynx
canadensis) to the list of species covered by incidental take permit
PRT-812521, issued to the

[[Page 20674]]

Washington Department of Natural Resources (WDNR). This request is
provided for under the Implementation Agreement for the Habitat
Conservation Plan (Plan) accompanying the incidental take permit, and
applies to forest management activities on WDNR lands west of the crest
of the Cascade Mountain Range in the State of Washington. The purpose
of this notice is to seek public comment on the Service's proposed
permit amendment.

DATES: Written comments regarding the Service's proposal to add the
Canada lynx to the WDNR permit must be received on or before May 24,
2001.

ADDRESSES: Written comments should be addressed to Jon Avery, U.S. Fish
and Wildlife Service, 510 Desmond Drive, SE., Suite 102, Lacey,
Washington 98503. Documents cited in this notice and comments received
will be available for public inspection by appointment during normal
business hours (8 a.m. to 5 p.m., Monday through Friday).

FOR FURTHER INFORMATION CONTACT: Jon Avery, Wildlife Biologist, U.S.
Fish and Wildlife Service, 510 Desmond Drive, SE., Suite 102, Lacey,
Washington 98503, (360) 753-5824.

SUPPLEMENTARY INFORMATION: On January 30, 1997, the Service issued an
incidental take permit (PRT-812521) to WDNR, pursuant to section
10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended (16
U.S.C. 1532 et seq.). The Plan and an Environmental Impact Statement
associated with the original permit decision analyzed the effects that
implementing the Plan would have on listed species and unlisted species
including the Canada Lynx. The original permit authorizes the
incidental take of the threatened northern spotted owl (Strix
occidentalis caurina), and other listed species, in the course of
otherwise legal forest management activities related to timber and non-
timber resource uses within the range of the northern spotted owl that
occurs on WDNR lands.
Pursuant to the Plan and the Implementation Agreement, WDNR also
received assurances from the Service, with respect to WDNR-manager land
west of the Cascade Crest, that specific, unlisted species would be
added to the permit upon their listing under the Act in accordance with
the Plan and the Implementation Agreement.
On March 24, 2000, the Service listed the Canada lynx as a
threatened species throughout its range in the contiguous United States
(65 FR 16051). On April 25, 2000, WDNR requested that the Canada lynx
be added to their permit. The Service is proposing to respond to WDNR's
request and determine if adding the Canada lynx occurring west of the
Cascade Crest to the WDNR permit is appropriate.
Following the proposal to list the Canada lynx as threatened or
endangered under the Act the Service receives significant public
comments and data. The Service is reviewing that information to
determine if the Service's initial Canada lynx determinations for the
WDNR permit remains valid. The findings of that review along with any
new information obtained through this public comment request will be
used in the Service's decision making process.
According to the Implementation Agreement for the WDNR Plan, if any
species addressed in the Plan that was unlisted at the time of permit
issuance subsequently becomes listed under the Act, WDNR may request a
permit amendment to have the species added to their permit with respect
to their lands west of the Cascade Crest. Under the terms of the Plan
and the Implementation Agreement, the Service would add the newly
listed species to the WDNR permit without requiring additional
mitigation unless extraordinary circumstances exist. Extraordinary
circumstances defined in the WDNR Implementation Agreement to mean
continued WDNR Plan management activities that would result in a
substantial and material adverse change in the status of a species that
was not foreseen on the effective date of the Implementation Agreement
and that can be remedied by additional or different mitigation measures
on the permit lands.
Prior to adding the Canada lynx to the WDNR permit, the Service
will determine whether adding this species to WDNR's permit would
appreciably reduce the likelihood of its survival and recovery of the
wild. To make this determination, the Service will follow the section 7
process under the Act. The Service will also determine whether the
permit amendment meets each of the issuance criteria described in
section 10(a)(2)(B) of the Act and that extraordinary circumstances
have not occurred since initial permit issuance.
At the time of initial permit issuance, the Service made a
preliminary determination that the WDNR Plan adequately provided for
the conservation of the Canada lynx. The Service included that analysis
as Appendix B (Analysis of Impacts of the Washington Department of
Natural Resources Habitat Conservation Plan on unlisted Species Within
the Planning Area) of the Statement of Findings. In that analysis the
Service noted that the Canada lynx uses a mosaic of forest types from
early-successional to mature conifer and deciduous forests and the
presence of snowshoe hares, a species upon which they are almost
totally dependent as prey. The Canada lynx forages in early-
successional forests and dens in mature forests.
The Service analysis further determined that the Canada lynx could
occur on WDNR-managed lands west of the Cascade Crest but that the
likelihood is low. The WDNR-managed lands most likely to support the
Canada lynx would be the higher elevation lands in proximity to
National Forests. The location of these lands is similar to the
location of lands that will be managed under the habitat conservation
plan for northern spotted owl nesting and foraging habitats (NRF-
management areas). The service expects the amount of early seral forest
to decrease in these areas while the amount of complex forest will
increase. However, the quality of the early seral forest habitat will
increase under the Plan due to conservation measures associated with
structural retention and other harvest practices, as well as a
reduction in and regulation of herbicide spraying. In addition to the
amount and quality of managed forests provided by the WDNR plan, the
Canada lynx is expected to benefit from the mosaic of natural habitats
including avalanche chutes, high-elevation meadows, and old burns. The
Service also determined in the analysis for the original permit that
species such as the snowshoe hare will find sufficient amounts of
foraging and hiding habitat within the Plan area throughout the terms
of the permit thus providing the essential prey-based necessary for
Canada lynx to possibly occupy WDNR-managed lands west of the Cascade
Crest.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and the regulations of the National Environmental Policy
Act of 1969 (40 CFR 1506.6). All comments that we receive, including
names and addresses, will become part of the official administrative
record and may be made available to the public. We will evaluate the
application, associated document, and comments submitted thereon to
determine whether the application meets the requirements of the
National Environmental Policy Act regulations and section 10(a) of the
Endangered Species Act. If we determine that those requirements are
met, we will issue a permit to the Applicant for the incidental take of
the Canada lynx. We will make our final permit decision no sooner that
45 days from the date of this notice.


[[Page 20675]]


Dated: March 9, 2001.
Rowan W. Gould,
Acting Regional Director, Fish and Wildlife Service, Region 1,
Portland, Oregon.
[FR Doc. 01-10066 Filed 4-23-01; 8:45 am]
BILLING CODE 4310-55-M