Draft Safe Harbor Agreements and Draft Environmental Assessments for the Marbled Murrelet in Washington State

CourtFish And Wildlife Service
Citation85 FR 73504
Published date18 November 2020
SectionNotices
Record Number2020-25359
Federal Register, Volume 85 Issue 223 (Wednesday, November 18, 2020)
[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
                [Notices]
                [Pages 73504-73506]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-25359]
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                DEPARTMENT OF THE INTERIOR
                Fish and Wildlife Service
                [FWS-R1-ES-2020-N143; FXES11140100000-212-FF01E00000]
                Draft Safe Harbor Agreements and Draft Environmental Assessments
                for the Marbled Murrelet in Washington State
                AGENCY: Fish and Wildlife Service, Interior.
                ACTION: Notice of availability; request for comments.
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                SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received two
                applications for enhancement of survival permits (permits) pursuant to
                the Endangered Species Act of 1973, as amended. The permits would
                authorize the incidental take of the threatened marbled murrelet
                associated with forest management actions on private lands. The
                applications each include a safe harbor agreement (SHA), describing the
                actions the applicants will take to achieve a net conservation benefit
                on their lands for the species. We also announce the availability of
                two draft environmental assessments (EAs) addressing the effects of the
                proposed permits and SHAs on the human environment in accordance with
                the National Environmental Policy Act. We invite comments from all
                interested parties.
                DATES: To ensure consideration, please submit written comments by
                December 18, 2020.
                ADDRESSES: You may view or download copies of the SHAs and draft EAs
                and obtain additional information on the internet at http://www.fws.gov/wafwo/. 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 ``Marbled Murrelet
                SHAs in Washington:''
                 Email: [email protected].
                 U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
                2020-N143 U.S. Fish and Wildlife Service; Washington Fish and Wildlife
                Office, 510 Desmond Drive SE, Suite 102; Lacey, WA 98503.
                FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning
                and Hydropower Branch Manager, Washington Fish and Wildlife Office (see
                ADDRESSES); telephone: 360-753-5823 or 360-951-4303. If you use a
                telecommunications device for the deaf, please call the Federal Relay
                Service at 800-877-8339.
                SUPPLEMENTARY INFORMATION: The Service received applications from the
                Rayonier Operating Company, LLC (Rayonier), and the Sierra Pacific Land
                & Timber Company Operating Company (Sierra Pacific) (jointly, the
                applicants) for enhancement of survival permits (permits) pursuant to
                section 10(a)(1)(A) of the Endangered Species Act (ESA; 16 U.S.C. 1531
                et seq.). The applications each request a permit that would authorize
                ``take'' of the threatened marbled murrelet associated with forest
                management actions on private lands, with implementation of a Safe
                Harbor Agreement (SHA). The SHAs describe actions the applicants will
                take to achieve a net conservation benefit for the covered species on
                the applicants' lands. The Service also announces the availability of
                two draft environmental assessments (EAs) addressing the effects of the
                proposed permits and SHAs on the human environment in accordance with
                the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.).
                We invite comments from all interested parties regarding the permit
                applications, including the SHAs and draft EAs.
                Background
                 Section 9 of the ESA prohibits ``take'' of fish and wildlife
                species listed as endangered (16 U.S.C. 1538(a)(1)). Section 4 of the
                ESA allows FWS to issue regulations which prohibit the take of any fish
                and wildlife species listed as threatened, as well (16 U.S.C. 1533(d)).
                The take prohibition has been extended to the marbled murrelet. Under
                the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot,
                wound, kill, trap, capture, or collect, or to attempt to engage in any
                such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined in our
                regulations, includes significant habitat modification or degradation
                that results in death or injury to listed species by significantly
                impairing essential behavioral patterns, including breeding, feeding,
                or sheltering (50 CFR 17.3). The term ``harass'' is defined in our
                regulations as an intentional or negligent act or
                [[Page 73505]]
                omission which creates the likelihood of injury to listed species by
                annoying it to such an extent as to significantly disrupt normal
                behavioral patterns, which include, but are not limited to, breeding,
                feeding, or sheltering (50 CFR 17.3). Incidental take is defined as
                take that is incidental to, and not the purpose of, the carrying out of
                an otherwise lawful activity (50 CFR 17.3).
                 Under an SHA, participating landowners undertake management
                activities on their property to enhance, restore, or maintain habitat
                conditions for species listed under the ESA to an extent that is likely
                to result in a net conservation benefit for the covered listed species.
                An SHA, and the associated enhancement of survival permit issued to
                participating landowners, encourages private and other non-Federal
                property owners to implement conservation actions for federally listed
                species by assuring the participating landowners that they will not be
                subject 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.
                 An SHA and its associated permit 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
                enrolled property by the species covered in the SHA. The authorization
                to take listed species is contingent 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 term of the permit and may incidentally take the
                listed species named on the permit in accordance with the terms and
                conditions of the permit.
                 Permit application requirements and issuance criteria for
                enhancement of survival permits for SHAs that involve species listed as
                threatened, such as the marbled murrelet, are found in the Code of
                Federal Regulations (CFR) at 50 CFR 17.32(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.
                Proposed Actions
                 The applicants have both developed SHAs in support of their
                applications for enhancement of survival permits, pursuant to section
                10(a)(1)(A) of the ESA. Rayonier's proposed SHA is for forest
                management activities on over 212,400 acres of privately owned lands
                located in eleven counties in western Washington. Sierra Pacific's
                proposed SHA is for forest management activities on over 184,300 acres
                of privately owned lands located in six counties in western Washington.
                The Service's proposed actions are issuance of the requested permits
                and implementation of the SHAs.
                 The requested permits would allow the applicants to maintain or
                increase potential nesting habitat for the threatened marbled murrelet
                on their lands, while providing incidental take authorization for
                marbled murrelets associated with timber harvesting and other forest
                management activities when conducted on the covered lands. Under the
                proposed SHAs, the applicants will continue to manage their forest
                lands for timber production in compliance with the Washington Forest
                Practices Rules, which include provisions for the protection of
                forested buffers along rivers, streams, wetlands, and unstable slopes.
                Under the SHAs, the applicants will continue to protect all previously-
                documented occupied marbled murrelet habitat on their lands.
                Additionally, each applicant will defer harvest in certain other areas
                identified as potential marbled murrelet nesting habitat on their lands
                for the term of their respective SHA. By volunteering to defer timber
                harvest in certain areas, the proposed SHAs protect more forest habitat
                on their lands than would otherwise be protected under existing forest
                practices rules. The term of the permits would extend to 2056, to
                coincide with the term of the 2006 Washington Forest Practices Habitat
                Conservation Plan, which provides take coverage for other ESA-listed
                salmon and other aquatic species.
                National Environmental Policy Act Compliance
                 The proposed issuance of a permit is a Federal action that triggers
                the need for compliance with NEPA. Pursuant to the requirements of
                NEPA, we have prepared two draft EAs to analyze the environmental
                impacts of a reasonable range of alternatives to the proposed Federal
                permit actions. As the EAs were developed prior to the Council on
                Environmental Quality's issuance of updated regulations implementing
                NEPA, which went into effect on September 14, 2020 (40 CFR 1506.13),
                they were developed under the previous regulations in the interest of
                time and efficiency.
                 The EAs analyze similar alternatives, and each includes a no-action
                alternative, the proposed action, and an additional action alternative.
                For each EA, the proposed action is implementation of the SHA and
                issuance of the requested permit, as described above and in more detail
                in the individual SHAs. Each EA also analyses a no-action alternative,
                where the proposed Federal action of issuing the permit would not
                proceed, and one additional alternative analyzing a variation on the
                type and amount of habitat being considered to meet the net
                conservation benefit standard.
                Public Comments
                 You may submit your comments and materials by one of the methods
                listed in the ADDRESSES section. We specifically request information,
                views, and opinions from interested parties regarding our proposed
                Federal actions, including on the adequacy of the SHAs pursuant to the
                requirements for permits at 50 CFR parts 13 and 17 and the adequacy of
                the draft EAs pursuant to the requirements of NEPA.
                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 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.
                Next Steps
                 After public review and completion of the EAs, we will determine
                whether the proposed actions warrant findings of no significant impact
                or whether environmental impact statements should be prepared. We will
                evaluate the permit applications, associated documents, and any
                comments received, to determine whether each
                [[Page 73506]]
                permit application meets the requirements of section 10(a)(1)(A) of the
                ESA. We will also evaluate whether issuance of the requested permits
                would comply with section 7(a)(2) of the ESA by conducting separate
                intra-Service consultations on each proposed permit action. The final
                NEPA and permit determinations will not be completed until after the
                end of the 30-day comment period and will fully consider all comments
                received during the comment period. If we determine that all
                requirements are met, we intend to issue enhancement of survival
                permits under section 10(a)(1)(A) of the ESA.
                Authority
                 We provide this notice in accordance with the requirements of
                section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321
                et seq.) and their implementing regulations (50 CFR 17.32 and 40 CFR
                1506.6, respectively).
                Robyn Thorson,
                Regional Director, U.S. Fish and Wildlife Service.
                [FR Doc. 2020-25359 Filed 11-17-20; 8:45 am]
                BILLING CODE 4333-15-P
                

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