[Federal Register Volume 66, Number 200 (Tuesday, October 16, 2001)]
[Notices]
[Pages 52638-52640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-25952]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Application To Amend West Fork Timber Company's
Endangered Species Act Incidental Take Permit for Western Washington To
Include Canada Lynx and Bull Trout
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: This notice advises the public, other agencies, and Tribes
that the Fish and Wildlife Service (Service) has received a request to
add Canada lynx (Lynx canadensis) and bull trout (Salvelinus
confluentus) to the list of species covered by Endangered Species Act
incidental take permit PRT-777837, issued to the West Fork Timber
Company, LLC (formerly Murray Pacific Corporation). This request is
provided for under the Implementation Agreement for the Habitat
Conservation Plan (Plan) accompanying the incidental take permit, dated
September 24, 1993, and the Amendment to the Implementation Agreement,
dated June 26, 1995. This request applies to forest management
activities on West Fork Timber Company lands located in the Mineral
Block of eastern Lewis County, west of the Cascade Mountain Range in
the State of Washington (covered lands). The purpose of this notice is
to seek comments from the public, other agencies, and Tribes on the
Service's proposed permit amendment. We specifically request that
comments be focused on substantive information relevant to bull trout
and Canada lynx that could affect the Service's decision to amend this
permit.
DATES: Written comments must be received on or before November 15,
2001.
ADDRESSES: Comments and requests for further information should be
addressed to Ms. Andrea LaTier, Fish and Wildlife Biologist, U.S. Fish
and Wildlife Service, 510 Desmond Drive, SE., Suite 102, Lacey,
Washington, 98503, phone (360) 753-9593, fax (360) 753-9518.
SUPPLEMENTARY INFORMATION:
Document Availability
All 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) at the office listed
under ADDRESSES.
Background
On September 24, 1993, the Service issued incidental take permit
PRT-777837 (permit) to the West Fork Timber Company (West Fork),
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 Assessment associated with the original permit decision
analyzed the effects that implementing the Plan would have on listed
and unlisted species. The original permit authorized incidental take of
the threatened northern spotted owl (Strix occidentalis caurina), in
the course of otherwise legal forest management activities within the
range of the northern spotted owl that occurs on the covered lands.
This permit was amended on June 26, 1995, to authorize incidental take
of listed species, in addition to the owl, that may occur on West Fork
lands covered under the permit, with an Amendment to the Plan and an
associated Environmental Assessment, which analyzed the effects to
habitats of listed and unlisted species expected to result from
amending West Fork's permit. Species covered by this first amendment to
the permit included the marbled murrelet (Brachyramphus marmoratus
marmoratus), bald eagle (Haliaeetus leucocephalus), grizzly bear (Ursus
arctos = U.a. horribilis), and gray wolf (Canis lupus).
[[Page 52639]]
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). The bull trout was listed as a threatened species
throughout the coterminous United States on November 1, 1999 (64 FR
58909). On September 4, 2001, West Fork requested that the Canada lynx
and bull trout be added to their permit. The Service is proposing to
respond to this request and determine if adding the Canada lynx and
bull trout to the West Fork permit is appropriate.
Pursuant to the Plan and Amended Plan (Plans), and the
Implementation Agreement and Amended Implementation Agreement
(Agreements), West Fork received assurances from the Service that
additional species could be added to the permit upon their listing
under the Act in accordance with the Plans and Agreements. The Amended
Implementation Agreement states:
The Incidental Take Permit for currently listed species
addressed in the Amended Habitat Conservation Plan has been issued
contemporaneously with the signing of this Amended Agreement.
Thereafter, each species that may use the types of habitats which
occur on the Permit Area and which is listed as threatened or
endangered under the Endangered Species Act during the term of this
Amended Agreement, shall be added to the Incidental Take Permit
within 60 days of receipt by [the] Fish and Wildlife Service and
National Marine Fisheries Services of a written request from Murray
Pacific, unless within said 60-day period [the] Fish and Wildlife
Service or National Marine Fisheries Service determines that adding
such species to the Incidental Take Permit would appreciably reduce
the likelihood of its survival and recovery in the wild because
[the] Fish and Wildlife Service and National Marine Fisheries
Service reasonably finds that relevant factors exist, including: (1)
The size of the species' population or range is very small in
relation to the Permit Area, (2) the percentage of the species'
population or range adversely affected by the Amended Habitat
Conservation Plan and Incidental Take Permit applicable to the
Permit Area is very large in relation to the entire population or
range of the species, (3) the ecological importance of the affected
population or range is very significant, and (4) the adverse effects
of the Amended Habitat Conservation Plan and Incidental Take Permit
to the affected population or range would be very severe. If the
relevant factors are found to exist, the responsible Agency in
addition will determine whether a meaningful improvement in the
likelihood of the species' survival in the wild can be achieved by
additional mitigation in the reserve areas or other adjustments in
the Amended Habitat Conservation Plan and Incidental Take Permit
covering the Permit Area. Unless appropriated funds are not
available, the responsible Agency shall provide the appropriate
additional mitigation or other adjustments in a timely manner and
amend the Incidental Take Permit to include the affected species. If
appropriated funds are not available, the responsible Agency in a
timely manner shall use all other available means, including non-
governmental sources of funds and other alternative methods of
mitigation or adjustment, to achieve the appropriate additional
mitigation and amend the Incidental Take Permit to cover the
particular species.
Therefore, according to the Agreements for the West Fork Plans, if
any species that uses the habitats addressed in the Plans that was
unlisted at the time of permit issuance subsequently becomes listed
under the Act, West Fork may request a permit amendment to have the
species added to their permit with respect to their covered lands.
Under the terms of the Plans and Agreements, the Service would add the
newly listed species to West Fork's permit without requiring additional
mitigation unless the best scientific and commercial data available
demonstrate that doing so would result in the appreciable reduction of
the likelihood of the species' survival and recovery in the wild.
To determine whether adding bull trout and Canada lynx to the
permit would appreciably reduce the likelihood of their survival and
recovery in the wild, the Service will follow the section 7
consultation process under the Act. The Service will also determine
whether this permit amendment meets each of the issuance criteria
described in section 10(a)(2)(B) of the Act.
At this time, the Service is relying on the existing Environmental
Assessments and subsequent section 7 Biological Opinions, which we
incorporate by reference, as the analyses and conclusions therein are
still accurate. These analyses and conclusions, in addition to any
comments received as a result of this notice, the results of the
section 7 consultation process, and the determination of compliance
with the issuance criteria described in section 10(A)(2)(B) will form
the basis upon which the decision to amend permit PRT-777837 will be
made. Since these analyses and conclusions were made, the Service has
learned more about the specific habitat requirements of both bull trout
and Canada lynx. However, this information does not alter or invalidate
the original analyses and conclusions. Therefore, the Service requests
that comments specifically address any additional information regarding
bull trout and Canada lynx that would preclude amending this permit.
In summary, Canada lynx are typically found in areas where its
primary prey species, the snowshoe hare (Lepus americanus), occurs in
relative abundance and areas that receive deep winter snows, both key
elements to the survival of the species. Lynx occupy the boreal, sub-
boreal and western montane forests of North America and use a variety
of forest types. They forage in early-successional forests and den in
mature forests. Resident animals primarily occupy high elevation
landscapes containing a mosaic of successional vegetation stages
necessary to satisfy their diverse habitat requirements. Dispersing
individuals will travel through a range of elevations depending on the
availability of prey.
The West Fork covered lands most likely to support the Canada lynx
would be the higher elevation lands in proximity to Late Seral Reserves
(LSRs) managed by the U.S. Forest Service that border West Fork's
ownership. Within these LSRs the Service expects the amount of early
seral forest to decrease while the amount of complex forest is expected
to increase. Additional late seral forest is anticipated to develop on
the West Fork covered lands due to conservation measures associated
with the Reserve Areas set aside by West Fork for development of
northern spotted owl habitat and functional riparian habitat.
Bull trout occupy a variety of habitat types during their life
cycle but typically are associated with pools and large woody debris.
Young-of-the-year are primarily bottom dwellers in shallow, slow
backwater areas associated with large woody debris. Older individuals
move to deeper and faster water, but are typically still associated
with obstructive debris. Adults show a strong preference for deep, cold
pools and are seldom found in streams with temperatures exceeding 18
degrees Celsius. At the present time, it is unlikely that bull trout
inhabit any stream on the West Fork covered lands due to the presence
of dams that prevent their migration into this area.
Should bull trout gain future access to the West Fork covered
lands, the protected riparian habitat areas defined in the Plans are
expected to gradually improve habitat conditions for this species.
Results of the watershed planning activities conducted by West Fork on
the covered lands should promote the development of large woody debris,
increase shading, and decrease sediment inputs, all expected to favor
bull trout colonization of the area. The anticipated lower fine
sediment proportions in the substrate during the spawning season may
also encourage use of the covered lands by bull trout.
[[Page 52640]]
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, as amended (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 West Fork's request for an amendment and comments submitted
thereon, along with the documents associated with the permit, 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 amend permit PRT-777837 for incidental take of Canada lynx
and bull trout. We will make our final decision no sooner than 30 days
from the date of this notice.
Dated: October 1, 2001.
Rowan W. Gould,
Deputy Regional Director, Fish and Wildlife Service, Region 1,
Portland, Oregon.
[FR Doc. 01-25952 Filed 10-15-01; 8:45 am]
BILLING CODE 4310-55-P