[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65834-65836]
From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]
[FR Doc No: 2019-25905]
[[Page 65834]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2019-N157; FXES11140100000-201-FF01E00000]
Record of Decision for the Final Environmental Impact Statement
for Amending the 1997 Washington State Trust Lands Habitat Conservation
Plan To Include a Marbled Murrelet Long-Term Conservation Strategy
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of a record of decision and habitat
conservation plan.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a record of decision (ROD) for the proposed issuance of
an Endangered Species Act incidental take permit (ITP) addressing the
Washington Department of Natural Resources (WDNR) 1997 State Trust
Lands Habitat Conservation Plan (HCP), as amended to include a Long-
Term Conservation Strategy for the federally threatened marbled
murrelet. The ROD documents the Service's decision to select
Alternative H, the Proposed Action (described below), which includes
approval of the amended HCP, and issuance of an amended ITP authorizing
incidental take of the marbled murrelet that is reasonably certain to
occur with implementation of the amended HCP.
ADDRESSES: You may obtain copies of the documents by any of the
following methods:
Internet: https://www.fws.gov/wafwo/ or www.dnr.wa.gov/non-project-actions.
Upon Request: You may call Tim Romanski of the Service at
360-753-5823 or Heidi Tate of WDNR at 360-902-1662 to request
alternative formats of the documents, or to make an appointment to
inspect the documents during normal business hours at the U.S. Fish and
Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond Dr.
SE, Suite 102, Lacey, WA 98503 or the Washington Department of Natural
Resources, SEPA Center, 1111 Washington Street, Olympia, WA 98504-7015.
FOR FURTHER INFORMATION CONTACT: Tim Romanski, by mail at U.S. Fish and
Wildlife Service, Washington Fish and Wildlife Office (see ADDRESSES),
by email at [email protected], or by phone at 360-753-5823. Hearing
or speech impaired individuals may call the Federal Relay Service at
800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a record of decision (ROD) for
the proposed issuance of an amended Endangered Species Act (ESA)
incidental take permit (ITP) to the Washington Department of Natural
Resources (WDNR) for the 1997 State Trust Lands Habitat Conservation
Plan (HCP) as amended to include a Long-Term Conservation Strategy
(LTCS) for the federally listed marbled murrelet (murrelet). The ROD
documents the Service's decision to select Alternative H, the Proposed
Action (described below), which includes implementation of the HCP as
amended to include the LTCS, and issuance of the amended ITP
authorizing incidental take of the federally threatened marbled
murrelet in conjunction with implementation of the HCP.
We are advising the public of the availability of the ROD,
developed in compliance with the National Environmental Policy Act of
1969, as amended (NEPA). All alternatives have been described in
detail, evaluated, and analyzed in our final environmental impact
statement (FEIS). A notice of availability of the FEIS and HCP
Amendment was published in the Federal Register on September 27, 2019
(84 FR 51172).
Background
The marbled murrelet, a seabird, was listed as threatened in 1992
under the ESA. In 1996, the WDNR released its draft HCP covering
multiple fish and wildlife species (including the marbled murrelet),
and forest management activities on 1.9 million acres (ac) of forested
State Trust lands within the range of the northern spotted owl in
Washington.
On January 30, 1997, the Service issued an ITP (Permit No. 812521)
to WDNR covering implementation of the WDNR HCP. The Service's ITP
decision and the availability of related decision documents were
announced in the Federal Register on February 27, 1997 (62 FR 8980).
Among other conservation strategies, the 1997 WDNR HCP committed the
WDNR to developing a LTCS for the murrelet. However, at the time the
HCP was being developed, the Service and WDNR determined that
incorporating a LTCS for the murrelet into the 1997 HCP was not
possible because of the lack of scientific information about the
murrelet in relation to State Trust lands. This HCP Amendment
incorporates the LTCS into the HCP.
Purpose and Need
Under the proposed action, the Service's purposes are to ensure
that ESA permit issuance criteria are met, the permit amendment
complies with all other applicable Federal laws and regulations, the
permit amendment is consistent with the Service's legal authorities,
and the ITP and implementation of the HCP Amendment achieve long-term
species and ecosystem conservation objectives at ecologically
appropriate scales. The need is to fulfill our legal obligations under
section 10(a)(1)(B) of the ESA in response to WDNR's request to the
Service to amend the ITP.
Any ITP issued by the Service must meet all applicable issuance
criteria and implementation should be technically and economically
feasible (see 16 U.S.C. 1539(a)(2)(B); 43 CFR 46.420(b)). ITP issuance
criteria under the ESA include the requirements that the applicant will
minimize and mitigate the impacts of the taking on covered species to
the maximum extent practicable, and the taking will not appreciably
reduce the likelihood of survival and recovery of the covered species
in the wild.
Alternatives
The FEIS analyzed the environmental impacts of the no action
alternative, and the following seven action alternatives related to the
issuance of an amended ITP and implementation of the WDNR HCP, as
amended. In general, the alternatives varied in the amount, location,
and configuration of forest habitat designated to support long-term
conservation of the murrelet; the amount of forest habitat that would
be released for harvest over the remaining term of the amended ITP; and
the amount of authorized marbled murrelet incidental take. Each
alternative uses habitat as a surrogate to express the anticipated
level of take of the marbled murrelet.
Under all of the action alternatives analyzed in the FEIS, the
combination of lands that provide for marbled murrelet conservation
through existing WDNR policies (for example, protection of riparian
zones), plus marbled murrelet-specific conservation areas, provide a
network of long-term forest cover for the marbled murrelet on WDNR-
managed lands. Long-term forest cover means lands on which WDNR
maintains and grows forest cover for conservation purposes, including
for the marbled murrelet, through the life of the 1997 HCP. A variety
of management and land use activities occur on DNR-managed forestlands,
including lands within long-term forest cover. Some of
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these activities have the potential to negatively impact the marbled
murrelet or its habitat. The effects of these activities, along with
impact avoidance, minimization, and mitigation measures, are described
in the FEIS.
No Action--Alternative A
Inclusion of a No Action alternative in the FEIS is consistent with
the regulations implementing NEPA at 40 CFR 1502.14(d). Under the No
Action alternative (analyzed as Alternative A in the FEIS), the Service
would not amend the existing ITP, would not authorize take above that
currently specified on the ITP, and the WDNR would not implement the
additional conservation measures proposed for the murrelet under the
LTCS. Under the No Action alternative, WDNR would continue operations
as authorized under the Interim Strategy and described in the 1997 HCP
for all of the west-side planning units.
Alternative B
Under this alternative, WDNR would manage their lands to support
approximately 576,000 ac of long-term forest cover. Alternative B
focuses exclusively on conserving known murrelet-occupied sites on
WDNR-managed lands. This alternative is the only alternative that does
not provide buffers around murrelet-occupied sites. Under this
alternative, harvest and thinning would be prohibited within murrelet-
occupied sites. Alternative B would conserve 59,000 ac of occupied
sites. Under this alternative, approximately 39,293 ac of low-quality
murrelet habitat and 5,754 ac of high-quality murrelet habitat would be
released for harvest.
Alternative C
Under this alternative, WDNR would manage their lands to support
approximately 617,000 ac of long-term forest cover. This alternative
conserves 59,000 ac of known occupied murrelet sites, murrelet emphasis
areas, and other high-quality habitat. This alternative also applies a
328-ft (100-m) buffer around all known murrelet-occupied sites except
on the Olympic Experimental State Forest, where the buffer would be 164
feet (50 m) for occupied sites greater than 200 ac. Under this
alternative, approximately 32,608 ac of low-quality murrelet habitat
would be released for harvest.
Alternative D
Under this alternative, WDNR would manage their lands to support
approximately 618,000 ac of long-term forest cover. Alternative D would
protect 59,000 ac of murrelet-occupied sites in addition to occupied
site buffers, and special habitat areas. This alternative also applies
a 328-ft (100-m) buffer around all known occupied sites. Under this
alternative, approximately 33,178 ac of low-quality murrelet habitat
and 5,090 ac of high-quality murrelet habitat would be released for
harvest.
Alternative E
Under this alternative, WDNR would manage their lands to support
approximately 621,000 ac of long-term forest cover. Alternative E
combines the conservation approaches described in alternatives C and D.
Alternative E would protect 59,000 ac of murrelet-occupied sites in
addition to occupied site buffers, emphasis areas, special habitat
areas, and high-quality murrelet habitat. Under this alternative,
approximately 31,600 ac of low-quality murrelet habitat would be
released for harvest.
Alternative F
Under this alternative, WDNR would manage their lands to support
approximately 743,000 ac of long-term forest cover. This alternative
conserves murrelet management areas identified in a Science Team
Report, as described further in the FEIS, that would be established in
the North and South Puget planning units. Additionally, under this
alternative, all northern spotted owl old forest habitat (as defined in
the 1997 HCP) in the Olympic Experimental State Forest (OESF) planning
unit would be subject to a 328-ft (100-m) buffer. Existing, mapped,
low-quality northern spotted owl nesting/roosting/foraging, and
dispersal habitat in designated spotted owl conservation areas and in
the OESF are included as long-term forest cover. Alternative F would
also protect 59,000 ac of murrelet-occupied sites in addition to
occupied site buffers. Under this alternative, approximately 19,307 ac
of low-quality marbled murrelet habitat and 2,697 ac of high-quality
marbled murrelet habitat will be released for harvest. Pursuant to NEPA
implementing regulations found at 40 CFR 15.2(b), the Service
identified Alternative F as the environmentally preferable alternative
in the ROD.
Alternative G
Under this alternative, WDNR would manage their lands to support
approximately 642,000 ac of long-term forest cover. This alternative
applies 328-ft (100-m) buffers around all known murrelet-occupied
sites. Alternative G would protect 59,000 ac of murrelet-occupied sites
in addition to occupied site buffers, emphasis areas, special habitat
areas, priority areas identified by the Washington Department of Fish
and Wildlife, and murrelet management areas. Under this alternative,
approximately 23,619 ac of low-quality murrelet habitat will be
released for harvest.
Alternative H--Proposed Action
Under this alternative, WDNR would manage their lands to support
approximately 604,000 ac of long-term forest cover. Alternative H would
protect 59,000 ac of murrelet-occupied sites and special habitat areas
as well as delay the harvest of 5,000 adjusted ac in order to achieve
``no net loss'' of adjusted acres of habitat, as described in the FEIS
and HCP Amendment. Alternative H also applies 328-ft (100-m) buffers
around all known murrelet-occupied sites. Under this alternative,
approximately 33,030 ac of low-quality marbled murrelet habitat and
5,017 ac of high-quality marbled murrelet habitat will be released for
harvest. The proposed HCP Amendment is best represented by Alternative
H. Both the Service and WDNR identified Alternative H as their
respective preferred alternative in the FEIS.
Decision and Rationale for Decision
Based on our review of the alternatives and their environmental
consequences as described in the FEIS, we have selected the Proposed
Action (Alternative H). The Proposed Action includes WDNR's
implementation of the 1997 HCP, as amended to include the LTCS, and the
Service's issuance of an amended ITP authorizing incidental take of the
covered species that may occur as a result of WDNR forest land
management activities which are undertaken in accordance with the
amended HCP and the ITP terms and conditions.
In order to issue an ITP for covered species under the ESA, we must
determine that the HCP meets the issuance criteria set forth in Section
10 of the ESA (16 U.S.C. 1539(a)(2)(B)). As discussed in the ROD, the
Service has made the determination that the WDNR HCP, as amended, meets
the ESA section 10 permit issuance criteria.
Authority
We provide this notice in accordance with the requirements of NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
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1506.6; 40 CFR 1506.10; 43 CFR part 46).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-25905 Filed 11-27-19; 8:45 am]
BILLING CODE 4333-15-P