[Federal Register: March 17, 2003 (Volume 68, Number 51)]
[Notices]
[Page 12676-12678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr03-45]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
U.S. Fish and Wildlife Service
[I.D.022003D]
Notice of Intent to Prepare a Draft Environmental Impact
Statement for Federal Actions Under the Endangered Species Act Related
to the State of Washington Forest Practices Rules
AGENCY: National Marine Fisheries Service (NOAA Fisheries), National
Oceanic and Atmospheric Administration (NOAA), Commerce.U.S. Fish and
Wildlife Service (FWS), Department of the Interior.
ACTION: Notice of Intent to Prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given pursuant to the National Environmental
Policy Act, as amended (NEPA), that NOAA Fisheries and FWS (known
hereafter as the Services) intend to gather information necessary to
prepare a Draft Environmental Impact Statement (DEIS) related to
anticipated applications from the State of Washington (State) for take
authorization or a take limit under the Endangered Species Act of 1973,
as amended (ESA). Washington State has entered into discussions with
the Services in anticipation of submitting an application for take
authorization pursuant to the ESA (see Background Section for specific
sections) for the Washington State Forest Practices Rules, regulating
forest management activities on non-Federal forest lands in the state
of Washington.. Both Services have listed threatened and endangered
species in the State that are likely to be affected by this action. The
species are identified below in SUPPLEMENTARY INFORMATION and in the
``Covered Resources'' section of Appendix A and Schedule H-1 of the
Forests and Fish Report, April 1999, available at http:// www.wa.gov/
Forests and Fish Report, April 1999, available at http:// www.wa.gov/
dnr/ htdocs/ forestpractices/ rules/ forestsandfish or by calling one
of the contacts listed below in ADDRESSES.
The Services are providing this notice: (1) to advise other
agencies and the public of their intent to prepare a DEIS on the State
application(s); and (2) to obtain suggestions and information on the
scope of issues to include in the DEIS.
DATES: Written scoping comments for the DEIS from all interested
parties must be received no later than 5 p.m. Pacific time on April 16,
2003. Interested parties may contact the Services for more information
at the addresses and phone numbers listed below. Four public scoping
workshops will be held in 2003. Each meeting will begin with a one-hour
open house to accommodate informal discussion and questions; the
presentation portion of the meeting will begin at 6 p.m.
The meeting dates and times are:
1. March 18, 2003, 5 - 8 p.m., Tacoma, WA.
2. March 20, 2003, 5 - 8 p.m., Port Angeles, WA.
3. March 25, 2003, 5 - 8 p.m., Spokane, WA.
4. March 26, 2003, 5 - 8 p.m., Ellensburg, WA.
ADDRESSES: Written comments and requests for information should be sent
to Craig Hansen, U.S. Fish and Wildlife Service, 510 Desmond Drive,
S.E., Suite 102, Lacey, WA 98503-1273, telephone (360)753-6046,
facsimile (360)753-9518; or Steve Keller, NOAA Fisheries, 510 Desmond
Drive, S.E., Suite 103, Lacey, WA 98503-1273, telephone (360)534-9309,
facsimile (360)753 9517. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the above addresses.
The meeting locations are:
1. Tacoma, Tacoma Sheraton Hotel, 1328 Broadway Plaza, Tacoma, WA.
2. Port Angeles, Red Lion Hotel, 221 North Lincoln, Port Angeles,
WA.
3. Spokane, Red Lion Hotel at the Park, 303 W. North River Drive,
Spokane, WA.
4. Ellensburg, Grupe Center at Central Washington University, 400
East 8th Avenue, Ellensburg, WA.
FOR FURTHER INFORMATION CONTACT: Steve Keller, (360) 534-9309.
SUPPLEMENTARY INFORMATION:
Species Listed in this Notice
NMFS listed species potentially addressed in this action include
Ozette Lake sockeye salmon (Oncorhynchus nerka), Snake River sockeye
salmon (O. nerka), Puget Sound chinook salmon (O. tshawytscha), Lower
Columbia River chinook salmon (O. tshawytscha), Upper Columbia River
spring-run chinook salmon (O. tshawytscha), Snake River spring/summer
chinook salmon (O. tshawytscha), Snake River fall chinook salmon (O.
tshawytscha) Lower Columbia River steelhead (O. mykiss), Middle
Columbia River steelhead (O. mykiss), Upper Columbia River
[[Page 12677]]
steelhead (O. mykiss); Snake River steelhead (O. mykiss), Columbia
River chum salmon (O. keta), and Hood Canal summer-run chum salmon (O.
keta).
Refer to the following website for NMFS listing status and
protective regulations: http://www.nwr.noaa.gov/1salmon/salmesa/index/
htm
FWS listed species potentially addressed in this action include
bull trout (Salvelinus confluentus) and any or all unlisted Washington
native fish and six stream breeding amphibians.
Background
NEPA requires Federal agencies to conduct an environmental analysis
of their proposed actions to determine if the actions may affect the
human environment. The Services expect to take action on ESA section
10(a)(1)(B) and/or 4(d)Limit submittals expected from the State.
Therefore the Services are seeking public input on the scope of the
required NEPA analysis, including the range of reasonable alternatives
and associated impacts of any alternatives.
Section 9 of the ESA and implementing regulations prohibit the
``taking'' of a species listed as endangered or threatened. The term
take is defined under the ESA to mean 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)). Harm is defined by the FWS to
include significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing essential
behavioral patterns, including breeding, feeding, and sheltering
(50CFR17.3). NOAA Fisheries' definition of harm includes significant
habitat modification or degradation where it actually kills or injures
fish or wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, spawning, migrating, rearing,
and sheltering (64 FR 60727, November 8, 1999).
The Services may promulgate rules under section 4(d) of the ESA
establishing specific take prohibitions for threatened species that the
Services determine to be consistent with the conservation needs of
threatened species. Section 10(a)(1)(B) of the ESA provides a mechanism
by which both Services may permit take through the issuance of an
Incidental Take Permit (ITP). An ITP may be issued for take that could
occur incidental to otherwise lawful activities, provided all permit
issuance criteria are met, including the requirement that permit
issuance would not appreciably reduce the likelihood of the survival
and recovery of the species in the wild. The applicant for an ITP must
prepare and submit to the Services for approval, a Habitat Conservation
Plan (HCP) containing strategies for minimizing and mitigating the
impacts of take associated with the proposed activities to the maximum
extent practicable. The applicant must also ensure adequate funding
will be provided for the HCP. An HCP and associated ITP could cover the
threatened bull trout and salmon, plus any endangered and unlisted
species that might be affected by the Washington State Forest Practices
Rules. In addition, the ``No Surprises'' rule assures that the Services
will not require the commitment of any additional land, water or
financial compensation for HCPs that are being properly implemented
throughout the term of the HCP and ITP. It is important to note that
section 10 is the only ESA mechanism by which take authorization can be
granted to non-Federal landowners for take of endangered species. On
July 10, 2000, NOAA Fisheries promulgated and published an ESA section
4(d) rule for threatened salmon and steelhead(65 FR 42422). In addition
to establishing take prohibitions, the rule provides that certain
specified activities or conservation plans may qualify for a limit from
the rule's take prohibitions provided that such activities or programs
qualify for one of 13 categories known as ``limits''. Limit 13 of this
rule applies to forest management in Washington and specifically
relates to non-Federal forest management activities that are at least
as protective as the elements of the Forests and Fish Report. The
Forests and Fish Report is a document that makes recommendations for
improving forest management and timber harvest for the benefit of
salmon and aquatic and riparian species. The report was prepared
collaboratively by a group of stakeholders from private industry,
public interest groups, State and Federal Government agencies, and
Tribes. NOAA Fisheries has not yet determined whether the State's
Forest Practices Rules as revised by the Forests and Fish report comply
with this rule.
FWS has not issued a comparable 4(d) rule, but is considering
whether to exempt the take of bull trout that may occur through
implementation of the Washington State Forest Practices Rules by
adopting a 4(d) rule. A FWS 4(d) rule could be structured to exempt
take that might occur as a result of implementing the State regulatory
program, provided that the program is consistent with the conservation
needs of the species. However, a 4(d) rule can only address take of
species listed as threatened. The Forests and Fish Report addresses
some endangered and unlisted species, as well as threatened species.
Because both threatened and endangered species are likely to be
affected and because there are alternative methods for meeting the
requirements of the ESA, the State is working with both Services to
develop one or more proposals.
State of Washington's Programs and Proposals
The Washington State Forest Practices Board was established in 1975
by the Washington State Legislature under the State Forest Practices
Act. By law, the board is charged with establishing rules governing
forest management activities on non-Federal forest land in the State in
order to protect public resources while maintaining a viable timber
industry. Those rules, as embodied in the Washington Administrative
Code (Title 222 WAC), specifically consider the effects of various
forest practices on fish, wildlife and water quality. The Forest
Practices Act also requires the Washington Department of Natural
Resources to administer and enforce all board-adopted rules on non-
Federal forest land. The board adopts Forest Practices rules pertaining
to water quality protection after reaching agreement with the director
of the Department of Ecology (Ecology) or the director's designee on
the board.
Beginning in late 1996, stakeholders determined additional
protections should be developed because of the imminent listing of
several salmon species in Washington under the Act, and because new
information from watershed analyses and other sources indicated
riparian protections in place at that time were not adequate for public
resource protection. In response, the participants in a stakeholder
negotiation process known as Timber, Fish, and Wildlife (TFW) began
working on riparian issues and agreed to negotiate collaboratively in
an effort to submit a proposal to the Forest Practices Board. Over the
course of the negotiations, representatives from Federal agencies and
Washington counties joined the effort, and representatives of
environmental interests and some Tribes withdrew from the process. The
remaining caucuses continued negotiating and went on to write the
Forests and Fish Report (April 1999), which ultimately became the basis
for new Forest Practices Rules with increased attention to the needs of
salmon and other aquatic and riparian species on forest lands. The
groups contributing to the development of the report included Federal
agencies (FWS,
[[Page 12678]]
NOAA Fisheries and Environmental Protection Agency), state agencies
(Washington Departments of Natural Resources, Governor's Office, Fish
and Wildlife, and Ecology), the Tribes, the Washington State
Association of Counties, the Washington Forest Protection Association,
and the Washington Farm Forestry Association.
Following publication of the Forests and Fish Report, the
Washington State Legislature directed the Forest Practices Board to
adopt rules consistent with the Forest and Fish Report. The board
conducted an evaluation of the proposal, and alternatives to the
proposal, for modifying the Forest Practices Rules. This evaluation
included a State Environmental Impact Statement (SEIS), under the
Washington State Environmental Policy Act. The State's Final SEIS,
entitled ``Alternatives for Forest Practices Rules for Aquatic and
Riparian Resources'' was published in April 2001.
In consideration of this evaluation, the Forest Practices Board
adopted new rules in May 2001, which were based on the Forests and Fish
Report. Effective July 2001, these new rules cover a wide variety of
forest practices and include a new, more functional classification of
rivers and streams on non-Federal forest land; improved plans for
properly designing, maintaining, and upgrading existing and new forest
roads; additional protections for unstable slopes; greater protections
for riparian areas intended to maintain properly functioning
conditions; a process for adaptive management; and other features.
Washington State has now entered into discussions with the
Service's in anticipation of submitting an application for ESA take
authorization pursuant to Section 10(a)(1)(B) of the Act, a 4(d) Limit
or both for the Washington State Forest Practices Rules, regulating
forest management activities on non-Federal forest lands in the state
of Washington.
Review Under National Environmental Policy Act
The Services will conduct an environmental review of the
application package(s) to be submitted by the State and prepare a
Federal DEIS. The DEIS will analyze the proposal, as well as a full
range of reasonable alternatives and the associated impacts of each.
The Services are in the process of developing alternatives for
analysis. Alternatives currently under consideration include: a No
Action alternative; an alternative resulting in the issuance of a
Section 10 Permit based on an HCP, which includes the full complement
of practices endorsed by the Forests and Fish Report; an alternative
resulting in NOAA Fisheries determining that the State Forest Practices
Rules and non-regulatory elements of the State's program are at least
as protective of threatened fish as the Forests and Fish Report, thus
qualifying the program under Limit 13 of the July, 2000 4(d) rule; an
alternative that includes the adoption of a similar 4(d) rule by the
FWS; and alternatives involving an ESA incidental take permit or 4(d)
rules associated with measures that are either more or less protective
than the complete Forests and Fish Report package. Additional
alternatives may be developed based on input received from this and
future public comment opportunities during the development of the DEIS.
Comments and suggestions are invited from all interested parties to
ensure the full range of alternatives related to this proposed action
and all significant issues are identified. The Services request that
comments be as specific as possible. Comments should include
information, issues, and concerns regarding: the direct, indirect, and
cumulative effects that implementation of the proposal could have on
endangered and threatened species or their habitats; other possible
alternatives; potential adaptive management and/or monitoring
provisions; funding issues; baseline environmental conditions; other
plans or projects that might be relevant to this project; and
minimization and mitigation measures. In addition to considering
impacts to threatened and endangered species and their habitats, the
DEIS will analyze the effects the alternatives would cause to other
components of the human environment. As a result comments specific to
the following are also requested: air quality; water quality and
quantity; geology and soils; cultural resources; social resources;
economic resources; and environmental justice.
This notice is provided pursuant to NEPA regulations (40 CFR
1506.6). Comments or questions should be directed to the Services at
the addresses or telephone numbers provided above. All comments and
materials received, including names and addresses, will become part of
the administrative record and may be released to the public.
This environmental review by the Services will be conducted in
accordance with the requirements of the NEPA, NEPA Regulations (40 CFR
1500-1508), other appropriate Federal laws and regulations, and
policies and procedures of the Services for compliance with those
regulations.
Dated: February 28, 2003.
Anne Badgley,
Regional Director, Fish and Wildlife Service, Region 1, Portland,
Oregon.
Dated: March 11, 2003.
Barbara Schroeder,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 03-6325 Filed 3-14-03; 8:45 am]
BILLING CODE 3510-22-S