80_FR_25795 80 FR 25709 - 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

80 FR 25709 - 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

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 86 (May 5, 2015)

Page Range25709-25711
FR Document2015-10466

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).

Federal Register, Volume 80 Issue 86 (Tuesday, May 5, 2015)
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Pages 25709-25711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10466]



[[Page 25709]]

=======================================================================
-----------------------------------------------------------------------

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 http://www.fws.gov/wafwo/.
     Email: [email protected]. 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 http://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



                                                                                    Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices                                             25709

                                                    DEPARTMENT OF THE INTERIOR                              Office, 510 Desmond Drive, Southeast,                    The Service has received from Everett
                                                                                                            Suite 102, Lacey, WA 98503.                           an application for an enhancement of
                                                    Fish and Wildlife Service                               FOR FURTHER INFORMATION CONTACT:                      survival permit under the ESA to
                                                                                                            Mark Ostwald, U.S. Fish and Wildlife                  authorize incidental take of the federally
                                                    [FWS–R1–ES–2015–N070;
                                                    FXES11120100000–156–FF01E00000]                         Service (see ADDRESSES), telephone 360–               threatened northern spotted owl (Strix
                                                                                                            753–9564. If you use a                                occidentalis caurina) and the marbled
                                                    Draft Safe Harbor Agreement and                         telecommunications device for the deaf                murrelet (Brachyamphus marmoratus).
                                                    Receipt of Application for an                           (TDD), please call the Federal                        The permit application includes a draft
                                                    Enhancement of Survival Permit for                      Information Relay Service (FIRS) at                   SHA and IA between Everett and the
                                                    the Northern Spotted Owl and Marbled                    800–877–8339.                                         Service. The SHA addresses habitat
                                                    Murrelet; City of Everett, Snohomish                    SUPPLEMENTARY INFORMATION:                            conservation and forest management,
                                                    County, Washington                                                                                            including timber harvest, on Everett’s
                                                                                                            Background                                            Lake Chaplain Tract (LCT) located
                                                    AGENCY:    Fish and Wildlife Service,                      Under a SHA, participating                         within Everett’s municipal watershed in
                                                    Interior.                                               landowners voluntarily undertake                      Snohomish County, Washington. The
                                                    ACTION: Notice of availability; request                 management activities on their property               total area of the LCT is approximately
                                                    for comments.                                           to enhance, restore, or maintain habitat              3,729 acres, of which 715 acres is
                                                                                                            benefiting species listed under the ESA               comprised of non-forested areas. The
                                                    SUMMARY:    We, the U.S. Fish and                       (16 U.S.C. 1531 et seq.). SHAs, and the               non-forested areas include Lake
                                                    Wildlife Service (Service), have                        subsequent enhancement of survival                    Chaplain, portions of the Sultan River,
                                                    received, from the City of Everett                      permits that are issued to participating              non-forested wetlands, water filtration
                                                    (Everett), an application for an                        landowners pursuant to section                        facilities, and rights-of-way.
                                                    enhancement of survival permit for the                  10(a)(1)(A) of the ESA, encourage                     Approximately half of the forest stands
                                                    federally threatened northern spotted                   private and other non-Federal property                in the LCT are older than 80 years.
                                                    owl and marbled murrelet under the                      owners to implement conservation                      Activities covered under the SHA are
                                                    Endangered Species Act of 1973, as                      actions for federally listed species by               timber management and drinking water
                                                    amended (ESA). The permit application                   assuring the landowners that they will                production. Everett’s management
                                                    includes a draft safe harbor agreement                  not be subjected to increased property                objective for the SHA is to enhance and
                                                    (SHA) and implementing agreement (IA)                   use restrictions as a result of their efforts         maintain habitat for marbled murrelets
                                                    between Everett and the Service                         to either attract listed species to their             and northern spotted owls while
                                                    addressing habitat conservation and                     property, or to increase the numbers or               continuing to generate revenue from
                                                    forest management, including timber                     distribution of listed species already on             forest management operations.
                                                    harvest on lands within Everett’s                       their property. These assurances allow
                                                    municipal watershed in Snohomish                                                                                 There is one known marbled
                                                                                                            the property owner to alter or modify                 murrelet–occupied site on the LCT. The
                                                    County, Washington. We invite                           the enrolled property back to agreed-
                                                    comments from all interested parties on                                                                       LCT is within a marbled murrelet
                                                                                                            upon pre-permit baseline conditions at                detection area as defined by WAC 222–
                                                    the application, including the draft                    the end of the term of the permit, even
                                                    SHA, draft IA, and a draft                                                                                    16–101. No federally designated
                                                                                                            if such alteration or modification results
                                                    environmental action statement (EAS)                                                                          marbled murrelet critical habitat occurs
                                                                                                            in the incidental take of a listed species.
                                                    prepared pursuant to the requirements                                                                         on the LCT; however, approximately 80
                                                                                                            The baseline conditions must reflect the
                                                    of the National Environmental Policy                                                                          percent of the LCT perimeter is adjacent
                                                                                                            known biological and habitat
                                                    Act (NEPA).                                                                                                   to properties that are designated critical
                                                                                                            characteristics that support existing
                                                    DATES: To ensure consideration, written                                                                       habitat for the marbled murrelet. There
                                                                                                            levels of use of the property by species
                                                    comments must be received from                                                                                are no known northern spotted owl site
                                                                                                            covered in the SHA. SHA assurances
                                                    interested parties by June 4, 2015.                                                                           centers on the LCT; however, recent
                                                                                                            depend on the property owner
                                                                                                                                                                  surveys have not been conducted in all
                                                    ADDRESSES: To request further                           complying with obligations in the SHA
                                                                                                                                                                  areas of suitable habitat. The LCT is
                                                    information or submit written                           and the terms and conditions of the
                                                    comments, please use one of the                         permit. The SHA’s net conservation                    situated between two northern spotted
                                                    following methods, and note that your                   benefits must be sufficient to contribute,            owl special emphasis areas designated
                                                    information request or comments are in                  either directly or indirectly, to the                 by Washington Forest Practices Rules.
                                                    reference to the Everett Draft SHA.                     recovery of the covered listed species.               The nearest federally designated
                                                      • Internet: Documents may be viewed                   Enrolled landowners may make lawful                   northern spotted owl critical habitat is
                                                    and downloaded on the Internet at                       use of the enrolled property during the               approximately 8 miles northeast of the
                                                    http://www.fws.gov/wafwo/.                              permit term and may incidentally take                 LCT.
                                                      • Email: wfwocomments@fws.gov.                        the listed species named on the permit                   Everett is simultaneously applying to
                                                    Include ‘‘Everett Draft SHA’’ in the                    as long as that take does not modify the              the Washington State Department of
                                                    subject line of the message.                            agreed-upon net conservation benefit to               Natural Resources (WDNR) for a
                                                      • U.S. Mail: Mark Ostwald, U.S. Fish                  the species. Application requirements                 Cooperative Habitat Enhancement
                                                    and Wildlife Service, Washington Fish                   and issuance criteria for enhancement of              Agreement (CHEA) under the
                                                    and Wildlife Office, 510 Desmond                        survival permits for SHAs are found in                Washington State Forest Practice Rules
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Drive, Southeast, Suite 102, Lacey, WA                  the Code of Federal Regulations (CFR) at              (WAC 222–16–105). The SHA and
                                                    98503.                                                  50 CFR 17.22(c). The Service’s Safe                   CHEA are one document that serves the
                                                      • In-Person Drop-off, Viewing, or                     Harbor Policy (64 FR 32717, June 17,                  requirements of both the Service and the
                                                    Pickup: Call 360–753–9440 to make an                    1999) and the Safe Harbor Regulations                 WDNR. The applicant worked closely
                                                    appointment (necessary for viewing or                   (68 FR 53320, September 10, 2003; and                 with the Service, the Washington
                                                    pickup only) during regular business                    69 FR 24084, May 3, 2004) are available               Department of Fish and Wildlife, and
                                                    hours at the U.S. Fish and Wildlife                     at http://www.fws.gov/endangered/laws-                the WDNR to develop the SHA and
                                                    Service, Washington Fish and Wildlife                   policies/regulations-and-policies.html.               CHEA.


                                               VerDate Sep<11>2014   17:18 May 04, 2015   Jkt 235001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1


                                                    25710                           Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices

                                                    Proposed Action                                         however, if Everett becomes aware of                  occupied site is increased by 2.5 years
                                                      The Service proposes to enter into the                the presence of an occupied site, the                 for the marbled murrelet and 5 years for
                                                    SHA and IA and to issue an                              draft SHA identifies specific measures                the northern spotted owl compared to
                                                    enhancement of survival permit to                       to avoid disturbance of the site and to               standard Washington State Forest
                                                    Everett for incidental take of the                      protect the habitat. Occupancy by the                 Practices Rules. All of these habitat
                                                    northern spotted owl and the marbled                    marbled murrelet and the northern                     improvements are expected to increase
                                                    murrelet caused by covered activities, if               spotted owl is most likely to occur                   the number and distribution of marbled
                                                    permit issuance criteria are met. Both                  within the baseline blocks, SSAs, and                 murrelets and northern spotted owls on
                                                    the SHA and the permit would have a                     riparian buffers where suitable marbled               the LCT compared to what would likely
                                                    term of 50 years.                                       murrelet and northern spotted owl                     occur under standard forest practices.
                                                      Due to the overlap of suitable habitat                habitat will continue to improve or
                                                                                                            develop over time because harvest is                  National Environmental Policy Act
                                                    characteristics for marbled murrelets                                                                         Compliance
                                                    and northern spotted owls and the                       deferred during the term of the
                                                                                                            proposed permit in these areas. In these                The development of the draft SHA
                                                    nature of the LCT forest stands, the
                                                                                                            areas, deferring harvest would already                and the proposed issuance of an
                                                    SHA’s baseline is unified for both
                                                                                                            protect the habitat associated with an                enhancement of survival permit is a
                                                    covered species. The baseline totals
                                                                                                            occupied site; however, depending on                  Federal action that triggers the need for
                                                    about 447 acres and consists of 4
                                                                                                            the exact location of a site, it may need             compliance with the National
                                                    separate large blocks of the highest
                                                                                                            to be protected from noise and other                  Environmental Policy Act of 1969, as
                                                    quality forest habitat for the covered
                                                                                                            human disturbance as described in the                 amended (42 U.S.C. 4321 et seq.)
                                                    species on the LCT. The baseline
                                                                                                            draft SHA. Each year, if marbled                      (NEPA). We have made a preliminary
                                                    represents the areas on the LCT that are
                                                                                                            murrelet or northern spotted owl                      determination that the proposed SHA,
                                                    most likely to be occupied by the
                                                                                                            occupancy occurs outside of the                       IA, and permit issuance are eligible for
                                                    covered species currently and during
                                                                                                            deferred-harvest areas, then core areas               categorical exclusion under the NEPA.
                                                    the term of the SHA.
                                                                                                            for one occupied site for each covered                The basis for our preliminary
                                                      The conservation benefits for the
                                                                                                            species will be protected from harvest                determination is contained in an EAS,
                                                    marbled murrelet and the northern
                                                                                                            and disturbance for at least 5 years.                 which is available for public review (see
                                                    spotted owl under the SHA are expected                    Incidental take of the covered species              ADDRESSES).
                                                    to be realized through implementation                   in the form of harassment from noise or
                                                    of the following management actions:                    visual disturbance may occur during the               Public Comments
                                                    Reconfiguration of the special set asides               term of the permit from forest                           You may submit your comments and
                                                    (SSAs), enhancement of riparian buffers,                management activities. Incidental take                materials by one of the methods listed
                                                    an increase in special management areas                 in the form of direct mortality or harm               in the ADDRESSES section. We request
                                                    (SMAs), longer harvest rotations, and                   from altering occupied sites is not likely            data, new information, or comments
                                                    enhanced protection of occupied sites.                  because occupancy is most likely going                from the public, other concerned
                                                    The SSAs are old-growth management                      to occur in the deferred-harvest areas.               governmental agencies, Tribes, the
                                                    areas and permanent mixed hardwood                      Direct mortality or harm of the covered               scientific community, industry, or any
                                                    and conifer forests, which will not be                  species could occur in the unlikely                   other interested party via this notice on
                                                    harvested during the term of the                        event that areas not deferred from                    our proposed Federal action. In
                                                    agreement. Under the draft SHA, most                    harvest become occupied prior to                      particular, we request information and
                                                    of the original old-growth management                   harvesting. All forms of incidental take              comments regarding:
                                                    areas and some of the permanent mixed                   of the covered species could occur from                  (1) Whether the implementation of the
                                                    forests on the LCT were reconfigured                    timber harvesting activities in the SSAs,             proposed SHA and IA would provide a
                                                    into the baseline blocks. Those not                     SMAs, or riparian areas in association                net conservation benefit to the covered
                                                    included in the baseline remain as                      with a return to the identified agreed-               species;
                                                    SSAs, except for 56 acres that will be                  upon baseline habitat conditions.                        (2) Other conservation measures that
                                                    harvested to offset the addition of                     However, if similar Washington State                  would lead to a net-conservation benefit
                                                    formerly harvestable areas to the                       Forest Practices Rules are in effect at the           for the covered species;
                                                    baseline. The enhanced riparian buffers                 time, some of these areas may continue                   (3) The length of the proposed term of
                                                    under this SHA will result in more trees                to be retained under those rules.                     the enhancement of survival permit;
                                                    within the buffer zones than would be                     The net conservation benefits for both                 (4) The direct, indirect, and
                                                    required under the standard Washington                  covered species are expected to be                    cumulative effects that implementation
                                                    State Forest Practice Rules, and there                  realized through the reconfiguration and              of the SHA and IA could have on the
                                                    will be 32 more acres of SMAs,                          retention of four large blocks of habitat             human environment;
                                                    including green tree areas, unstable                    designated as the baseline condition for                 (5) Other plans, projects, or
                                                    slopes, and forested wetlands.                          the proposed SHA. The reconfiguration                 information that might be relevant to
                                                    Regeneration harvest rotations will                     should enhance future nesting potential               evaluating the effects of this proposed
                                                    average 60 years, compared to the                       for both marbled murrelets and                        action; and
                                                    industry standard of 45 years.                          dispersing northern spotted owls,                        (6) Information regarding the
                                                    Additional management actions under                     especially as the habitat continues to                adequacy of the proposed SHA and IA
                                                    the proposed SHA to benefit the                         improve in quality over the term of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  pursuant to the requirement for permits
                                                    northern spotted owl are enhanced snag                  SHA. An increase in the quantity and                  at 50 CFR parts 13 and 17.
                                                    and downed wood retention measures,                     distribution of SMAs will benefit the
                                                    plus planting and thinning to encourage                 covered species by providing additional               Public Availability of Comments
                                                    understory plants that support northern                 buffers adjacent to suitable nesting                    All comments and materials we
                                                    spotted owl prey species.                               habitat in deferred-harvest areas. If                 receive become part of the public record
                                                      Under the proposed SHA, Everett will                  occupancy by covered species occurs                   associated with this action. Before
                                                    not be required to survey for marbled                   outside of deferred-harvest areas, the                including your address, phone number,
                                                    murrelets or northern spotted owls;                     minimum protection period for an                      email address, or other personally


                                               VerDate Sep<11>2014   17:18 May 04, 2015   Jkt 235001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1


                                                                                    Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices                                                   25711

                                                    identifiable information in your                          Dated: April 14, 2015.                                The plat, in 2 sheets, and field notes
                                                    comments, you should be aware that                      Richard Hannan,                                       of the dependent resurvey and survey in
                                                    your entire comment—including your                      Deputy Regional Director, Pacific Region, U.S.        Township 50 North, Range 14 West,
                                                    personally identifiable information—                    Fish and Wildlife Service, Portland, Oregon.          New Mexico Principal Meridian,
                                                    may be made publicly available at any                   [FR Doc. 2015–10466 Filed 5–4–15; 8:45 am]            Colorado, were accepted on April 15,
                                                    time. While you can ask us in your                      BILLING CODE 4310–55–P                                2015.
                                                    comment to withhold your personally                                                                           Randy Bloom,
                                                    identifiable information from public                                                                          Chief Cadastral Surveyor for Colorado.
                                                    review, we cannot guarantee that we                     DEPARTMENT OF THE INTERIOR
                                                                                                                                                                  [FR Doc. 2015–10463 Filed 5–4–15; 8:45 am]
                                                    will be able to do so. All submissions
                                                                                                            Bureau of Land Management                             BILLING CODE 4310–JB–P
                                                    from organizations or businesses, and
                                                    from individuals identifying themselves                 [LLCO956000 L14400000.BJ0000]
                                                    as representatives or officials of                                                                            DEPARTMENT OF THE INTERIOR
                                                                                                            Notice of Filing of Plats of Survey;
                                                    organizations or businesses, will be
                                                                                                            Colorado.                                             Bureau of Land Management
                                                    made available for public disclosure in
                                                    their entirety. Comments and materials                  AGENCY:    Bureau of Land Management,
                                                    we receive, as well as supporting                       Interior.                                             [LLCO956000 L14400000.BJ0000]
                                                    documentation we used in preparing the                  ACTION: Notice of filing of plats of                  Notice of Filing of Plats of Survey;
                                                    draft EAS, will be available for public                 survey; Colorado.                                     Colorado
                                                    inspection by appointment, during
                                                    normal business hours, at our                           SUMMARY:    The Bureau of Land                        AGENCY:   Bureau of Land Management,
                                                    Washington Fish and Wildlife Office                     Management (BLM) Colorado State                       Interior.
                                                    (see ADDRESSES).                                        Office is publishing this notice to                   ACTION: Notice of Filing of Plats of
                                                                                                            inform the public of the intent to                    Survey; Colorado
                                                    Next Steps                                              officially file the survey plats listed
                                                                                                            below and afford a proper period of time              SUMMARY:   The Bureau of Land
                                                      We will evaluate the draft SHA,                       to protest this action prior to the plat              Management (BLM) Colorado State
                                                    associated documents, and any public                    filing. During this time, the plats will be           Office is publishing this notice to
                                                    comments we receive to determine                        available for review in the BLM                       inform the public of the official filing of
                                                    whether the permit application and the                  Colorado State Office.                                the survey plats listed below. The plats
                                                    EAS meet the requirements of section                    DATES: Unless there are protests of this              will be available for viewing at http://
                                                    10(a) of the ESA and NEPA,                              action, the filing of the plats described             www.glorecords.blm.gov.
                                                    respectively, and their respective                      in this notice will happen on June 4,                 DATES: The plats described in this notice
                                                    implementing regulations. We will also                  2015.                                                 were filed on April 17, 2015.
                                                    evaluate whether issuance of an
                                                                                                            ADDRESSES:   BLM Colorado State Office,               ADDRESSES: BLM Colorado State Office,
                                                    enhancement of survival permit would
                                                                                                            Cadastral Survey, 2850 Youngfield                     Cadastral Survey, 2850 Youngfield
                                                    comply with section 7 of the ESA by                     Street, Lakewood, CO 80215–7093.                      Street, Lakewood, CO 80215–7093.
                                                    conducting an intra-Service section 7
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      FOR FURTHER INFORMATION CONTACT:
                                                    consultation on the proposed permit
                                                                                                            Randy Bloom, Chief Cadastral Surveyor                 Randy Bloom, Chief Cadastral Surveyor
                                                    action. If we determine that all
                                                                                                            for Colorado, (303) 239–3856.                         for Colorado, (303) 239–3856.
                                                    requirements are met, we will sign the                     Persons who use a                                     Persons who use a
                                                    proposed SHA and IA, and issue an                       telecommunications device for the deaf                telecommunications device for the deaf
                                                    enhancement of survival permit under                    (TDD) may call the Federal Information                (TDD) may call the Federal Information
                                                    section 10(a)(1)(A) of the ESA to the                   Relay Service (FIRS) at 1–800–877–8339                Relay Service (FIRS) at 1–800–877–8339
                                                    applicant, Everett, for incidental take of              to contact the above individual during                to contact the above individual during
                                                    the northern spotted owl and the                        normal business hours. The FIRS is                    normal business hours. The FIRS is
                                                    marbled murrelet caused by covered                      available 24 hours a day, seven days a                available 24 hours a day, seven days a
                                                    activities in accordance with the terms                 week, to leave a message or question                  week, to leave a message or question
                                                    of the permit, SHA, and IA. We will not                 with the above individual. You will                   with the above individual. You will
                                                    make our final decision until after the                 receive a reply during normal business                receive a reply during normal business
                                                    end of the 30-day public comment                        hours.                                                hours.
                                                    period, and we will fully consider all                  SUPPLEMENTARY INFORMATION: The plat                   SUPPLEMENTARY INFORMATION: The
                                                    comments and information we receive                     and field notes of the dependent                      supplemental plat of section 20 in
                                                    during the public comment period.                       resurvey and survey in Township 46                    Township 13 South, Range 90 West,
                                                                                                            North, Range 12 East, New Mexico                      Sixth Principal Meridian, Colorado, was
                                                    Authority                                               Principal Meridian, Colorado, were                    accepted on April 16, 2015, and filed on
                                                       We provide this notice pursuant to                   accepted on March 18, 2015.                           April 17, 2015.
                                                    section 10(c) of the Endangered Species                    The plat incorporating the field notes                The supplemental plat of sections 25,
                                                                                                            of the corrective dependent resurvey in
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Act of 1973, as amended (16 U.S.C. 1531                                                                       35, and 36 in Township 13 South, Range
                                                                                                            Township 1 South, Range 78 West,                      90 West, Sixth Principal Meridian,
                                                    et seq.), its implementing regulations
                                                                                                            Sixth Principal Meridian, Colorado, was               Colorado, was accepted on April 16,
                                                    (50 CFR 17.22), and the National
                                                                                                            accepted on March 20, 2015.                           2015, and filed on April 17, 2015.
                                                    Environmental Policy Act of 1969, as                       The plat and field notes of the metes-
                                                    amended (42 U.S.C. 4321 et seq.) and its                and-bounds survey in partially surveyed               Randy Bloom,
                                                    implementing regulations (40 CFR                        Township 41 North, Range 9 West, New                  Chief Cadastral Surveyor for Colorado.
                                                    1506.6).                                                Mexico Principal Meridian, Colorado,                  [FR Doc. 2015–10462 Filed 5–4–15; 8:45 am]
                                                                                                            were accepted on April 9, 2015.                       BILLING CODE 4310–JB–P




                                               VerDate Sep<11>2014   17:18 May 04, 2015   Jkt 235001   PO 00000   Frm 00052   Fmt 4703   Sfmt 9990   E:\FR\FM\05MYN1.SGM   05MYN1



Document Created: 2015-12-16 07:53:44
Document Modified: 2015-12-16 07:53:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments.
DatesTo ensure consideration, written comments must be received from interested parties by June 4, 2015.
ContactMark Ostwald, U.S. Fish and Wildlife
FR Citation80 FR 25709 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR