Notice2022-24980
Draft Environmental Impact Statement for the Elliott State Research Forest Habitat Conservation Plan in Coos and Douglas Counties, OR
Primary source
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Published
November 18, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, the Services), have received two separate incidental take permit (ITP) applications from the Oregon Department of State Lands (ODSL; applicant), associated with ODSL's Elliott State Research Forest habitat conservation plan (HCP). The applications, including the HCP, have been submitted pursuant to the Endangered Species Act. ODSL is seeking authorization from the Services for the incidental take of three species (two under FWS jurisdiction, and one under NMFS jurisdiction), expected to result from research and management activities on the Elliott State Forest in Coos and Douglas Counties, Oregon. In accordance with the National Environmental Policy Act (NEPA), this notice also announces the availability of a draft environmental impact statement (DEIS). FWS is the lead Federal agency under NEPA, and NMFS is a cooperating agency. We invite public comments on the HCP and DEIS from the public and Federal, Tribal, State, and local governments.
Full Text
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<title>Federal Register, Volume 87 Issue 222 (Friday, November 18, 2022)</title>
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[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69291-69294]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24980]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2022-0029; ES11140100000-234-FF01E0000]
Draft Environmental Impact Statement for the Elliott State
Research Forest Habitat Conservation Plan in Coos and Douglas Counties,
OR
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; notice of public meeting; request for
comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS) (together, the Services), have received
two separate incidental take permit (ITP) applications from the Oregon
Department of State Lands (ODSL; applicant), associated with ODSL's
Elliott State Research Forest habitat conservation plan (HCP). The
applications, including the HCP, have been submitted pursuant to the
Endangered Species Act. ODSL is seeking authorization from the Services
for the incidental take of three species (two under FWS jurisdiction,
and one under NMFS jurisdiction), expected to result from research and
management activities on the Elliott State Forest in Coos and Douglas
Counties, Oregon. In accordance with the National Environmental Policy
Act (NEPA), this notice also announces the availability of a draft
environmental impact statement (DEIS). FWS is the lead Federal agency
under NEPA, and NMFS is a cooperating agency. We invite public comments
on the HCP and DEIS from the public and Federal, Tribal, State, and
local governments.
DATES:
Submitting Comments: We will accept online or hardcopy comments.
Hardcopy comments must be received or postmarked on or before January
3, 2023. (See ADDRESSES.) Comments submitted online at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> must be received
[[Page 69292]]
by 11:59 p.m. Eastern Time on January 3, 2023.
Virtual Public Meeting: FWS will hold a virtual public meeting on
December 13, 2022, from 2 to 3:30 p.m. Pacific Time. For more
information, see Public Comments and Virtual Public Meeting under
SUPPLEMENTARY INFORMATION.
ADDRESSES:
Submitting Comments: You may submit comments by one of the
following methods:
<bullet> Internet: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R1-ES-2022-0029.
<bullet> U.S. Mail: Public Comments Processing; Attn: Docket No.
FWS-R1-ES-2022-0029; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post online any personal information that
you provide. We request that you submit comments by only the methods
above. For additional information about submitting comments, see Public
Comments and Virtual Public Meeting under SUPPLEMENTARY INFORMATION.
Public Meeting: A link and access instructions to the virtual
meeting will be posted to <a href="https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan/">https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan/</a> at least 1 week prior to the
public meeting date.
Reviewing U.S. Environmental Protection Agency (EPA) Comments on
the Draft HCP and DEIS: See EPA's Role in the EIS Process under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Shauna Everett, by telephone at 503-
231-6949, or by email at <a href="/cdn-cgi/l/email-protection#c0b3a8a1b5aea19fa5b6a5b2a5b4b480a6b7b3eea7afb6"><span class="__cf_email__" data-cfemail="07746f6672696658627162756273734761707429606871">[email protected]</span></a>. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(FWS), have prepared a draft environmental impact statement (DEIS)
pursuant to the requirements of the National Environmental Policy Act
of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.) to evaluate
applications for incidental take permits (ITPs) received on October 10,
2022, from the Oregon Department of State Lands (ODSL; applicant). ODSL
submitted two applications, one for two species under FWS jurisdiction,
and the second application for one species under National Marine
Fisheries Service (NMFS) jurisdiction. NMFS is a cooperating agency
under NEPA. In support of the ITP applications, the ODSL prepared the
draft Elliott State Research Forest Habitat Conservation Plan (ESRF
HCP), which, among other components, specifies the impacts that will
likely result from the take of covered species, describes the steps the
applicant will take to avoid, minimize, and mitigate such impacts, and
explains the funding available to implement such steps.
Background
Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.) prohibits ``take'' of fish and wildlife species listed as
endangered under section 4 (16 U.S.C. 1538 and 16 U.S.C. 1533,
respectively). The ESA implementing regulations extend, under certain
circumstances, the prohibition of take to threatened species (50 CFR
17.31). Under section 3 of the ESA, the term ``take'' means to
``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such conduct'' (16 U.S.C.
1532(19)). The term ``harm'' is defined by FWS regulations as ``an act
which actually kills or injures wildlife. Such act may include
significant habitat modification or degradation where it actually kills
or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, or sheltering'' (50 CFR 17.3;
see 50 CFR 222.102 for NMFS regulations).
Under section 10(a) of the ESA, the Services may issue permits to
authorize incidental take of listed fish and wildlife species.
``Incidental take'' is defined by the ESA as take that is incidental
to, and not the purpose of, carrying out an otherwise lawful activity.
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs to
non-Federal entities for the take of endangered and threatened species,
provided the following criteria are met:
1. The taking will be incidental;
2. The applicant will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure that adequate funding for the plan
will be provided;
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
5. The applicant will carry out any other measures that FWS (or
NMFS) may require as being necessary or appropriate for the purposes of
the HCP.
Applicant's Proposal
In accordance with the requirements of the ESA, ODSL is requesting
authorization of incidental take of the threatened northern spotted owl
(Strix occidentalis caurina), threatened marbled murrelet
(Brachyramphus marmoratus), and threatened Oregon Coast coho salmon
(Oncorhynchus kisutch) (together, the covered species), each of which
is known to occur in the Elliott State Forest. Incidental take permits
for the northern spotted owl and marbled murrelet fall under the
jurisdiction of FWS; incidental take permits for the Oregon Coast coho
salmon fall under the jurisdiction of NMFS.
ODSL is seeking incidental take coverage for a variety of research
and management activities on the Elliott State Forest, located in Coos
and Douglas Counties in southwestern Oregon. The proposed covered
activities include forest research treatments, timber removal, forest
and species research projects, supporting management activities,
supporting infrastructure management, and activities identified in the
conservation strategy and monitoring program that may result in effects
on covered species. These activities are described further in the draft
HCP and in the DEIS. The proposed permit term is 80 years.
The draft HCP and DEIS include analyses of projected impacts to
covered species. ODSL anticipates that take of northern spotted owl or
murrelets is likely to occur as a result of habitat loss and
modification. For this reason, and because it is not practical to
detect take of individual northern spotted owls or marbled murrelets,
ODSL has established modeled habitat units as a surrogate for use in
take estimates. Similarly, to estimate take for Oregon Coast coho
salmon, ODSL established surrogate habitat units based on the
proportion of each independent population within the permit area and
the acres of projected harvest levels within the watersheds that
overlap with each evolutionarily significant unit. More details
regarding ODSL's methodology for estimating and quantifying take and
related conservation outcomes over time can be found in the draft HCP.
Measures to minimize and mitigate impacts on covered species are
described in the draft HCP for each species as conservation measures
and conditions on covered activities, guided by goals and objectives in
the conservation strategy of the HCP. ODSL
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would monitor implementation of these measures for compliance and
effectiveness. Minimization and mitigation measures are subject to
adaptive management to ensure their effectiveness, and to ensure
achievement of the ESRF HCP's biological goals and objectives.
The ESRF HCP includes funding information and assurances,
monitoring requirements, adaptive management, and provisions for
changed and unforeseen circumstances to help ensure conservation
outcomes for the covered species over the permit term. Annual reports
to the Services would confirm the amount, type, and location of impacts
and mitigation, as well as the status of monitoring, adaptive
management, changed circumstances, and funding.
National Environmental Policy Act Compliance
Draft Environmental Impact Statement
The FWS, with input from NMFS as a cooperating agency, prepared a
draft environmental impact statement (DEIS) to evaluate the impacts of
the proposed ITP action on the human environment, consistent with the
purpose and goals of NEPA (42 U.S.C. 4321 et seq.). This DEIS was
prepared pursuant to the Council on Environmental Quality's
implementing NEPA regulations at 40 CFR parts 1500-1508, which became
effective on May 20, 2022 (April 20, 2022, 87 FR 23453). The DEIS
analyzes the proposed action and a reasonable range of alternatives to
the proposed action. The environmental consequences of each
alternative, including the direct, indirect, and cumulative effects,
were analyzed to determine if significant impacts to the human
environment would occur. Four alternatives are analyzed in detail in
the DEIS.
Alternative 1--No-Action Alternative: The Services would not issue
incidental take authorizations to ODSL, and ODSL would not implement
the HCP. ODSL's mandate to manage lands under its jurisdiction with the
objective of obtaining the greatest benefit for the people of the
State, consistent with the conservation of the resource under sound
techniques of land management, would remain in place, and ODSL would
continue to be subject to the ESA as well as other Federal, State, and
local requirements for any forest management activities in the Elliott
State Forest. The No Action alternative assumes that ODSL would manage
the Elliott State Forest for timber harvest using a take avoidance
approach to ESA compliance.
Alternative 2--Proposed Action: The Services would, in accordance
with applicable law, issue the requested ITPs to ODSL for the
incidental take of covered species from covered activities in the
permit area and implementation of the conservation strategy for a term
of 80 years. ODSL would implement the ESRF HCP and its conservation
strategy, including conditions on covered activities, mitigation
measures to offset the impacts of the taking on covered species, and
monitoring and reporting requirements. ODSL would provide funding for
HCP implementation.
Alternative 3--Increased Conservation: The Services would, in
accordance with applicable law, issue ITPs to ODSL with the same permit
area, permit term, covered species, and monitoring and adaptive
management program as the proposed action. The HCP's covered activities
and conservation strategy would be modified to allocate additional
covered species' habitat and forest stands of a certain age (>80 years)
to reserves; expand protected riparian areas around certain categories
of streams, prohibit harvest activities such as restoration thinning on
steep slopes and in stands of a certain age (>65 years), and implement
additional conditions for permanent new road miles and vacated roads.
Alternative 4--Increased Harvest: The Services would issue ITPs to
ODSL with the same permit area, covered activities, covered species,
permit term, and monitoring and adaptive management program as the
proposed action. The HCP's research design would be modified to
eliminate reserve areas located outside of occupied and modeled
potential marbled murrelet habitat. In these areas, intensive and
extensive prescriptions would be applied to stands under 65 years of
age as of 2020 and over 65 years of age as of 2020, respectively.
Protected riparian areas would be reduced around certain categories of
streams and on the Lower Millicoma River. Under this alternative, the
requirement for no net increase in permanent road miles in certain
conservation areas would not apply.
EPA's Role in the EIS Process
The EPA is charged under section 309 of the Clean Air Act with
reviewing all Federal agencies' EISs and commenting on the adequacy and
acceptability of the environmental impacts of proposed actions. Under
the CEQ NEPA regulations, EPA is also responsible for administering the
EIS filing process. EPA is publishing a notice in the Federal Register
announcing this DEIS. The publication date of EPA's notice of
availability is the official beginning of the public comment period.
EPA serves as the repository (EIS database) for EISs prepared by
Federal agencies. You may search for EPA comments on EISs, along with
EISs themselves, at <a href="https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search">https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search</a>.
Public Comments and Virtual Public Meeting
Submitting Comments
You may submit your comments and materials on the draft HCP and the
DEIS by one of the methods in ADDRESSES. We specifically request
information on the following:
1. Biological information, analysis, and relevant data concerning
the covered species, other wildlife, and ecosystems.
2. Potential effects that the proposed permit actions could have on
the covered species, and other endangered or threatened species, and
their habitats, including the interaction of the effects of the project
with climate change and other stressors.
3. Adequacy of the proposed actions to minimize and mitigate the
impact of the taking on covered species, including but not limited to
conservation measures, conditions on covered activities, and adaptive
management procedures.
4. Potential effects that the proposed permit action could have on
other aspects of the human environment, including effects on plants and
animals, water resources, and aesthetic, historic, cultural, economic,
social, environmental justice, climate change, or health effects.
5. The alternatives analysis conducted by FWS, including the
alternatives analyzed, the range of alternatives analyzed, and the
alternatives considered but not analyzed in detail.
6. The presence of historic properties--including archaeological
sites, buildings and structures, historic events, sacred and
traditional areas, and other historic preservation concerns--in the
proposed permit area, which are required to be considered in project
planning by the National Historic Preservation Act.
7. Cumulative effects, which are effects on the environment that
result from the incremental effects of the action when added to the
effects of other past, present, and reasonably foreseeable actions, as
well as any connected actions that are closely related and should be
discussed in the same DEIS.
8. The alternatives, information, and analyses submitted during the
public
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scoping period and the summary thereof.
9. Other information relevant to the ESRF HCP and its impacts on
the human environment.
Virtual Public Meeting
To provide for the wide attendance of interested parties and help
protect the public from potential spread of the COVID-19 virus, a
virtual public meeting will be conducted. See DATES and ADDRESSES for
the date and time of the virtual public meeting. During the virtual
public meeting, ODSL and the Services will present information
pertinent to the ESRF HCP and give the public the opportunity to ask
questions about the draft HCP and DEIS. Oral comments will not be
accepted during the meeting; written comments may be submitted by the
methods listed in ADDRESSES.
Reasonable Accommodations
Persons needing reasonable accommodations in order to participate
in the public meeting should contact the Service's Oregon Fish and
Wildlife Office as soon as possible, using one of the methods listed in
ADDRESSES. In order to allow sufficient time to process requests,
please make contact at least 15 days before the public meeting.
Information regarding this proposed action is available in alternative
formats upon request.
Public Availability of Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. Before including your address, phone number, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--might be made publicly available at any time. While you
can ask us in your comment to withhold your personal identifying
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 references for
supporting documentation we used in preparing the DEIS, will be
available for public inspection online in Docket No. FWS-R1-ES-2022-
0029 at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> (see FOR FURTHER INFORMATION
CONTACT).
Next Steps and Decision To Be Made
After public review and comment, the Services will evaluate the
respective permit applications, associated documents, and any comments
received, to determine whether the permit applications meet the
requirements of section 10(a)(1)(B) of the ESA. The decisions will also
be informed by the data, analyses, and findings in the EIS and public
comments received on the Draft EIS and HCP. The Services will each
document their determinations independently in an ESA section 10
findings document, ESA section 7 biological opinion, and a NEPA record
of decision developed at the conclusion of the ESA and NEPA compliance
processes. FWS expects to submit a Final EIS for publication in the
Federal Register by June 2023. At least 30 days after the FEIS is
published, we expect that the Services will complete records of
decision on the requested ITPs in accordance with applicable timeframes
established in 40 CFR 1506.11, and that the Services will issue
decisions on the requested ITPs. The current estimate for the issuance
of records of decision is August 2023.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1539(c)) and NEPA and its
implementing regulations (40 CFR 1503.1 and 1506.6).
Nanette Seto,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-24980 Filed 11-17-22; 8:45 am]
BILLING CODE 4333-15-P
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