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Availability of a Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for the Wiley Creek Unit, Linn County, OR

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: February 18, 2000 (Volume 65, Number 34)]
[Notices]
[Page 8434-8436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe00-102]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for the Wiley Creek Unit,
Linn County, OR

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of application.

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SUMMARY: This notice advises the public that Mr. Alvin and Mrs. Marsha
Seiber (applicants) have applied to the Fish and Wildlife Service
(Service) for an incidental take permit pursuant to section 10(a)(1)(B)
of the Endangered Species Act of 1973, as amended (Act). The
application has been assigned permit number TE022715-0. The proposed
permit would authorize the incidental take, in the form of habitat
modification, of the northern spotted owl (Strix occidentalis caurina),
federally listed as threatened. The permit term has not yet been
defined by the applicants. The permit would address up to approximately
200 acres, which is the entirety of their property in Linn County,
Oregon.
    The Service announces the receipt of the applicant's incidental
take permit application and the availability of the proposed Wiley
Creek Unit Habitat Conservation Plan (Plan) and draft Implementation
Agreement, which accompany the incidental take permit application, for
public comment. The Plan describes the proposed project and the
measures the applicant will undertake to mitigate for project impacts
to the spotted owl. These measures and associated impacts are also
described in the background and summary information that follow. The
Service is presently reviewing our responsibilities for compliance
under the National Environmental Policy Act (NEPA) and will announce
the availability of any appropriate NEPA documents at a later date.

DATES: Written comments on the permit application and Plan should be
received on or before March 20, 2000.

ADDRESSES: Individuals wishing copies of the permit application or
copies of the full text of the Plan, should immediately contact the
office and personnel listed below. Documents also will be available for
public inspection, by appointment, during normal business hours at the
address below. Comments regarding the permit application, Draft
Implementation Agreement or the Plan should be addressed to State
Supervisor, Fish and Wildlife Service, Oregon State Office, 2600 S.E.
98th Avenue, Suite 100, Portland, Oregon 97266. Please refer to permit
number TE022715-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Rich Szlemp, Fish and Wildlife
Service, Oregon State Office, telephone (503) 231-6179.

SUPPLEMENTARY INFORMATION: Section 9 of the Act and federal regulation
prohibits the ``taking'' of a species listed as endangered or
threatened. However, the Service, under specific circumstances, may
issue permits to ``incidentally take'' listed species, which is take
that is incidental to, and not the purpose of, otherwise lawful
activities. Regulations governing permits for threatened species are
promulgated in 50 CFR 17.32. Regulations governing permits for
endangered species are promulgated in 50 CFR 17.22.

Background

    The applicants are proposing to harvest approximately 40 acres of
mature second growth forest from a 200-

[[Page 8435]]

acre parcel of land which contains a little over 150 acres of forest
land. These 40 acres have been delineated by the Oregon Department of
Forestry as a portion of an approximately 70-acre spotted owl core area
under the Oregon Forest Practices Act (OFPA). The remaining
approximately 30 acres are located immediately to the north on adjacent
private property. The surrounding ownership primarily consists of
private forest lands. There are a few scattered parcels of Federal
forest lands within a radius of five miles of the property, with much
larger contiguous Federal forest lands (Willamette National Forest)
located about seven miles to the northeast. A spotted owl nest tree is
located within about 300 feet of the northern portion of the property
on adjacent private land. A pair of spotted owls was last documented
using this site in 1996. Other federally listed species may also be
affected by the proposed Plan. Steelhead salmon (Oncorhynchus mykiss),
federally listed as threatened, are found in Little Wiley Creek within
the property boundaries. The eastern portion of the harvest area
encompasses both sides of Cedar Creek, which is a perennial fish-
bearing stream that drains into Little Wiley Creek. No surveys have
been conducted for bald eagles (Haliaeeus leucocephalus), which are
also federally listed as threatened, but the Plan area does contain
potential suitable bald eagle habitat.
    The Wiley Creek Plan area contains forests that are generally
second growth between 40-65 years old. The predominant species are
Douglas-fir, silver fir, and western hemlock, with scattered western
red cedar, big-leaf maple, and alder. The percent canopy coverage and
relative density of trees varies widely throughout the Plan area. Most
of the surrounding land is similar second growth, with many patches of
clearcuts that are less than 20 years old.
    The Wiley Creek Plan contains two alternatives: preferred and no
action. Under the preferred alternative, the applicants would harvest
40 acres of mature second growth timber in the Plan area to the extent
allowed by the OFPA rules. Under the no action alternative, the subject
timber would be left standing. The applicants rejected the no action
alternative because they believe it would deny them of all economically
productive use of the subject timber.
    The applicants propose the following minimization and mitigation
measures:
    a. Conduct harvest activities outside of the nesting season for the
spotted owl (March 1--September 15), except for road building
    b. Replant Douglas-fir, western red cedar, and/or western hemlock
over the harvest units. As per OFPA Rules, this planting will take
place within 12 months after completion of harvest.
    c. Meet current OFPA Rules with regard to management of riparian
areas.
    d. Meet the current OFPA Rules to leave standing and unharvested,
all snags and dead trees until they have fallen to the ground and
rotted away except when they provide a safety hazard for the logging
operation.

Summary of Service's Concerns and Recommendations

    The Wiley Creek Plan was prepared without any technical assistance
from the Service. The Service received the Plan and application on
November 26, 1999. The Wiley Creek Plan lacks much of the biological
analysis and information routinely provided by other applicants or
developed by working together with the Service prior to submitting an
incidental take permit application. For example, no information on the
quality of the existing northern spotted owl habitat, current
information on northern spotted owl survey efforts, or surrounding
landscape was provided in the Plan. Information on the timber harvest
or yarding methods was inadequate to determine effects to the listed
species and the affected environment. Information on the effect of
implementing the proposed minimization or mitigation measures was also
lacking. Potential effects to steelhead were also not addressed.
    Service employees visited the Plan area on January 25, 2000, to
assess existing habitat conditions and to evaluate additional options
to minimize and mitigate impacts to spotted owls. However, on February
4, 2000, the applicants' counsel informed the Services that there will
be no changes in the Wiley Creek Plan. The applicants' counsel also
requested this notice be published prior to February 15, 2000.
    The Service has reviewed the Wiley Creek Plan and has some concerns
with the adequacy of the minimization and mitigation measures. We
specifically invite the public to provide comments on these measures
proposed by the applicant. We also invite comment on potential
alternative options. The Service believes that other practicable
minimization and mitigation measures may exist that would provide the
basis for reducing the net long-term adverse effects to owls by
allowing for the regeneration of suitable nesting habitat conditions
within a shorter time period than would result from the proposed
harvest. These alternatives could also provide some increased
opportunities for owl foraging and roosting immediately after the
timber harvest, which would minimize and mitigate the incidental take
of owls. Specifically, the Service wishes to receive comment on options
that may include partial harvest of the proposed 40 acres that would
provide some level of spotted owl habitat either immediately after
harvest or within a given period of time after harvest. Additionally,
we seek comments on the management of the remaining forested acreage on
the applicant's property that would provide habitat conditions to
mitigate for the loss of the 40 acres of forest proposed for clearcut
harvest. Comments on alternatives should include discussion of time
periods that would be appropriate to create or maintain spotted owl
habitat to mitigate for any potential losses of suitable habitat under
any suggested alternative. This information would assist the Service in
addressing appropriate permit duration.
    The impacts from the applicant's preferred alternative would reduce
the likelihood of spotted owls nesting within the boundaries of the 70
acre core area due to the smaller remaining patch of habitat surrounded
by recent clearcut timber harvests. The OFPA requires the leaving of
two trees per acre with a minimum of 11 inches diameter at breast
height per acre harvested. The location and size of actual leave trees
has not been specified. Based upon the available size classes and
numbers, these trees will not likely provide or contribute to any
measurable spotted habitat immediately post-harvest. Except for some
potential clumping of trees, and the riparian buffer areas, the
remaining landscape would consist of a very open canopy that would not
be conducive to owl nesting, roosting, or foraging. The Plan would
leave a minimum 70-foot riparian buffer along Cedar Creek and a minimum
50-foot buffer along an unnamed tributary that enters into Cedar Creek.
These narrow, treed corridors would not provide suitable forested
habitat conditions for spotted owls.
    This notice is provided pursuant to section 10(c) of the Act. The
Service will evaluate the permit application, Plan, and comments
submitted thereon to determine whether the application meets the
requirements of section 10(a) of the Act. If it is determined that the
requirements are met, a permit will be issued for the incidental take
of the northern spotted owl. The final permit decision will not be made
prior to ensuring compliance with NEPA.

[[Page 8436]]

    Dated: February 10, 2000.
Anne Badgley,
Regional Director, Region 1, Portland, Oregon
[FR Doc. 00-3783 Filed 2-17-00; 8:45 am]
BILLING CODE 4310-55-P

 
 

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