Notice2025-09636
Record of Decision for the Final Environmental Impact Statement and Habitat Conservation Plan for the Elliott State Research Forest in Coos and Douglas Counties, Oregon
Primary source
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Published
May 29, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service) announce the availability of a record of decision (ROD) for the issuance of a permit under the Endangered Species Act (ESA) for certain activities at the Elliott State Research Forest supported by a habitat conservation plan (HCP) in Coos and Douglas Counties, Oregon. The ROD documents the Service's decision to issue an incidental take permit (ITP) to the Oregon Department of State Lands (DSL) in response to their permit application. As summarized in the ROD, the Service has selected the proposed action alternative, which is issuance of an 80-year ITP authorizing take of species listed under the ESA that may occur incidental to research and management activities over the permit term implemented consistent with the HCP.
Full Text
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<title>Federal Register, Volume 90 Issue 102 (Thursday, May 29, 2025)</title>
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[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22753-22754]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09636]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2022-0029; ES11140100000-256-FF01E0000]
Record of Decision for the Final Environmental Impact Statement
and Habitat Conservation Plan for the Elliott State Research Forest in
Coos and Douglas Counties, Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; record of decision.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service) announce the
availability of a record of decision (ROD) for the issuance of a permit
under the Endangered Species Act (ESA) for certain activities at the
Elliott State Research Forest supported by a habitat conservation plan
(HCP) in Coos and Douglas Counties, Oregon. The ROD documents the
Service's decision to issue an incidental take permit (ITP) to the
Oregon Department of State Lands (DSL) in response to their permit
application. As summarized in the ROD, the Service has selected the
proposed action alternative, which is issuance of an 80-year ITP
authorizing take of species listed under the ESA that may occur
incidental to research and management activities over the permit term
implemented consistent with the HCP.
ADDRESSES: You may obtain copies of the ROD and other documents
associated with the decision by any of the following methods:
<bullet> Internet: <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search for Docket
No. FWS-R1-ES-2022-0029) or at <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>.
<bullet> Phone: You may call Shauna Everett at 503-231-6949, to
request alternative formats of the documents.
FOR FURTHER INFORMATION CONTACT: Shauna Everett, U.S. Fish and Wildlife
Office, Oregon Fish and Wildlife Office (see ADDRESSES), by telephone
at 503-231-6949, or by email at <a href="/cdn-cgi/l/email-protection#8efde6effbe0efd1ebf8ebfcebfafacee8f9fda0e9e1f8"><span class="__cf_email__" data-cfemail="67140f0612090638021102150213132701101449000811">[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 Service, announce the availability
of a ROD for the issuance of a permit under section 10(a)(1)(B) of the
ESA, as amended (16 U.S.C. 1531 et seq.) to the DSL for research and
forest management activities on the Elliott State Research Forest, as
supported and implemented under DSL's HCP. In compliance with the
National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C.
4321 et seq.), the Service prepared an environmental impact statement
(EIS) analyzing effects to the human environment associated with the
proposed action and alternatives. The ROD documents the Service's
decision to select Alternative 2, the proposed action, which includes
issuance of an 80-year ITP authorizing take of the threatened northern
spotted owl (Strix occidentalis caurina) and threatened marbled
murrelet (Brachyramphus marmoratus) that may occur incidental to
research and management activities in the permit area over the permit
term.
The Service and National Marine Fisheries Service (NMFS) make
independent decisions regarding authorization for incidental take of
the species under their respective jurisdictions. NMFS's decision
regarding authorization of take of the threatened Oregon Coast coho
salmon (Oncorhynchus kisutch) is not addressed in the Service's ROD.
Background
As described in the HCP, DSL requested authorization for take of
the northern spotted owl, marbled murrelet, and Oregon Coast coho
salmon (together, the covered species) that may occur incidental to a
variety of research and management activities, including 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 of the HCP. These activities and the effects on
covered species and the human environment are described further in the
HCP and final EIS. Measures to minimize and mitigate impacts on covered
species are described in the HCP for each species as conservation
measures and conditions on covered activities, guided by goals and
objectives in the conservation strategy of the HCP. DSL will monitor
implementation of these measures for compliance and effectiveness.
The Service published a notice of intent in the Federal Register to
develop an EIS for this project on May 5, 2022 (87 FR 26778). The
Service published a notice of availability (NOA) for the draft EIS on
November 18, 2022 (87 FR 69291), followed by an extension of the
comment period (December 20, 2022, 87 FR 77877). Next, the Service
published an NOA for the final EIS on January 10, 2025 (90 FR 2013).
The EIS analyzed the environmental consequences of the proposed action
(also described as the preferred alternative), a no action alternative,
and two alternatives to the proposed action. All alternatives analyzed
in detail include forest management activities (i.e., timber harvest
and reforestation, thinning, and supporting management activities and
infrastructure); however, the implementation of these activities would
vary by alternative, as described in the final EIS.
The Service prepared the draft EIS and final EIS pursuant to the
Council on Environmental Quality's (CEQ's) implementing NEPA
regulations at 40 CFR 1500-1508, effective as of May 20, 2022 (87 FR
23453; April 20, 2022). On February 25, 2025, in response to President
Trump's Executive Order (E.O.) 14154, CEQ issued an interim final rule
removing all its NEPA regulations (90 FR 10610, effective April
[[Page 22754]]
11, 2025). The Service prepared this ROD considering this change and
related E.O.s, including E.O. 14154, ``Unleashing American Energy,'' as
discussed in the ROD.
Rationale for Decision
We have made the determination that DSL's application, including
the HCP, meet the statutory permit issuance criteria set forth in
section 10(a)(2)(B) (16 U.S.C. 1539(a)(2)(B)). Our assessment of the
application was conducted in accordance with the requirements of
section 10(a)(1)(B) of the ESA and its implementing regulations. Based
on our review of the alternatives and their environmental consequences
as described in the final EIS, we selected the proposed action because
issuance of the ITP and implementation of the HCP best fulfill the
Service's statutory mission and responsibilities while meeting our
purpose and need. This decision is described further in the ROD.
Authority
We provide this notice pursuant to NEPA (42 U.S.C. 4321 et seq.)
and Department of the Interior guidance (318 DM 3).
Bridget Fahey,
Acting Regional Director, Pacific Region.
[FR Doc. 2025-09636 Filed 5-28-25; 8:45 am]
BILLING CODE 4333-15-P
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