Notice of Application to Amend an Endangered Species Act Incidental Take Permit to Include Canada Lynx and Puget Sound/Coastal Bull Trout on the Plum Creek Timber Company Permit for Timber Harvest in the State of Washington, and to Issue an Incidental Take Permit for Middle Columbia River Steelhead, and Puget Sound Chinook to Plum Creek Timber Company in the State of Washington.

SUMMARY: This notice advises the public that FWS has received a request

to add Canada lynx (Lynx canadensis) and Puget Sound/Coastal bull trout

(Salvelinus confluentus) to the species covered by incidental take

permit PRT-808398, issued to the Plum Creek Timber Company on June 27,

1996. NMFS has received a request for an incidental take permit (1220)

for the Middle Columbia River (MCR) steelhead (Oncorhynchus mykiss) and

Puget Sound (PuS) chinook salmon (O. tshawytscha). These requests have

been submitted to FWS and NMFS (the Services) pursuant to the

Implementation Agreement for the Habitat Conservation Plan (Plan)

accompanying the incidental take permit. FWS is proposing to add Canada

Lynx and Puget Sound/Coastal bull trout to Plum Creek's permit, and

NMFS is proposing to issue an incidental take permit for the MCR

steelhead and PuS chinook salmon. The purpose of this notice is to seek

public comment on FWS' proposed permit amendment and NMFS' permit

issuance.

DATES: Written comments regarding FWS' proposal to add Canada lynx and

Coastal/Puget Sound bull trout to the Plum Creek permit or on NMFS'

proposal to issue a permit for MCR steelhead and PuS chinook must be

received on or before July 26, 1999.

ADDRESSES: Written comments on lynx and bull trout should be addressed

to William Vogel, FWS; 510 Desmond Drive, S.E; Suite 101; Lacey,

Washington 98503; and written comments on steelhead and chinook should

be addressed to Dennis Carlson, NMFS; 510 Desmond Drive, S.E; Suite

103; Lacey, Washington 98503. Comments addressing general issues and

all four species may be sent to either of the Services. Documents cited

in this notice and comments received will be available for public

inspection by appointment during normal business hours (8 a.m. to 5

p.m., Monday through Friday).

FOR FURTHER INFORMATION CONTACT: William Vogel, Wildlife Biologist;

FWS; 510 Desmond Drive, S.E; Suite 101; Lacey, Washington 98503, (360)

753-4367 or Dennis Carlson, Fisheries Biologist; NMFS; 510 Desmond

Drive, S.E; Suite 101; Lacey, Washington 98503, (360) 753-5828.

SUPPLEMENTARY INFORMATION:

Background

On June 27, 1996, FWS issued an incidental take permit (PRT-808398)

to Plum Creek Timber Company, L.P., pursuant to section 10(a)(1)(B) of

the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1532 et

seq.). The permit authorized the incidental take of the threatened

northern spotted owl (Strix occidentalis caurina), marbled murrelet

(Brachyramphus marmoratus marmoratus), and grizzly bear (Ursus

arctos=U.a. horribilis), and the endangered gray wolf (Canis lupus), in

the course of the otherwise lawful forest management and related land-

use activities on Plum Creek lands in portions of King and Kittitas

Counties, Washington. NMFS did not issue a permit as no species under

NMFS' jurisdiction on the Plum Creek lands were listed under the ESA at

the time the FWS permit was issued. Pursuant to the Plan and the

Implementation Agreement, Plum Creek received assurances from the

Services that then-unlisted vertebrate species, which may occur on Plum

Creek lands would be added to the permit upon listing of those species

in accordance with the ESA, the Implementation Agreement, and the Plan.

On September 11, 1997, Plum Creek requested the addition of bull trout

to their permit. On July 14, 1998, following the completion of a public

comment period, Biological Opinion, and Set of Findings, FWS amended

incidental take permit PRT-808398 to include the Columbia River Basin

population of bull trout on the permit.

On July 8, 1998, FWS proposed to list the Canada lynx as threatened

throughout its range in the contiguous United States, (63 FR 36994). On

June 10, 1998, FWS proposed to list the Puget Sound/Coastal population

of bull trout as threatened, (63 FR 31693).

On March 25, 1999, NMFS published a final rule listing the MCR and

Upper Willamette River evolutionary significant units (ESUs) of

steelhead as threatened species (64 FR 14517). In addition, on February

5, 1999, NMFS proposed to designate critical habitat for nine ESUs of

steelhead previously listed and currently proposed for listing under

the ESA, including Washington ESUs (64 FR 5740). Also on March 24,

1999, NMFS published a final rule listing the PuS chinook salmon as

threatened (63 FR 11482).

The September 11, 1997, request from Plum Creek to add bull trout

to the permit was partially fulfilled when FWS included the Columbia

River Basin population of bull trout on the permit. That request is

still effective with regard to the Puget Sound/Coastal population of

bull trout. On May 20, 1998, Plum Creek requested that the MCR

steelhead be added to the permit. On August 7, 1998, Plum Creek also

requested that Canada lynx be added to the permit. On December 15,

1998, Plum Creek requested that PuS chinook be added to their permit as

well. While FWS has not yet made final listing decisions for the Puget

Sound/Coastal population of bull trout or Canada lynx, it is proposing

to respond to Plum Creek's request and determine if addition of these

species to the permit is appropriate.

Implementation Agreement Provisions

The Implementation Agreement is a legal document describing the

roles and responsibilities of the Services and Plum Creek during the

permit period. Under the Implementation Agreement, plan species are

those vertebrate species dependent on the various habitat types

analyzed in the Plan. The Implementation Agreement specifies that

should any of the plan species that were unlisted at the time of permit

issuance subsequently become listed under the ESA, Plum Creek may

request a permit amendment to have that species added to their permit.

Plum Creek received assurances, absent extraordinary circumstances

(as defined in the Implementation Agreement), that plan species would

be added to the permit without requiring additional mitigation from

Plum Creek if the Services determined that such action would not

appreciably reduce the likelihood of the survival and recovery of the

affected species, or any other

[[Page 34217]]

species, in the wild and that adding the species to the permit would be

consistent with the Services' other responsibilities.

To determine whether adding Canada lynx and bull trout to Plum

Creek's permit and issuing a permit for steelhead and chinook would

appreciably reduce the likelihood of the survival and recovery of those

species, or any other species, the Services will follow the Section 7

process under the ESA. The Services will also determine whether the

permit amendment meets each of the issuance criteria described in

section 10(a)(2)(B) of the ESA and that a substantial and material

adverse change in the status of Canada lynx, bull trout, steelhead, or

chinook has not occurred since initial permit issuance.

Summary

At the time of initial permit issuance, the Services made a

preliminary determination that the Plan adequately provided protection

for lynx, bull trout, steelhead, and chinook. Based on that analysis,

it appeared that the Plan would have minimal adverse impacts on lynx,

bull trout, steelhead, and chinook.

With respect to lynx, use of edge habitat as a surrogate for

``classic'' lynx foraging habitat definitions, the Services predict a

decrease in foraging habitat. Should lynx occur in the planning area,

they would most likely use edges for foraging and would most likely

rely on secondary prey items. The Plan is expected to maintain as

conducive a landscape for lynx as is possible given the geographic

province.

The Plan generally provides for improving conditions for bull

trout, steelhead, and chinook. Buffers on fishbearing and other

perennial streams are expected to provide for the natural processes and

functions that steelhead and chinook rely on such as large woody debris

inputs, detrital and litter input, root strength and bank stability.

The Services expect to see reductions in delivery of fine sediment from

roads and recovery of forest stand structures to improve hydrologic

conditions, and reduce peak flows and mass-wasting risks.

Significant public comments and data were received by the Services

on the proposals to list lynx, bull trout, steelhead, and chinook as

threatened or endangered under the ESA. The Services are reviewing that

information to determine if the Services' initial lynx, bull trout,

steelhead, and chinook determinations for the Plum Creek permit remain

valid.

The Environmental Impact Statement developed for the initial permit

decision analyzed the effects that implementing the Plan would have on

lynx, bull trout, steelhead, chinook, and other species. The effects of

a proposed land exchange with the U.S. Forest Service and incorporation

of that new land base into the Plan are also addressed in a Draft

Supplemental Environmental Impact Statement, and will be further

addressed in the Final Supplemental Environmental Impact Statement.

Dated: June 8, 1999.

Cynthia U. Barry,

Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.

Dated: June 21, 1999.

Wanda L. Cain,

Chief, Endangered Species Division, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 99-16206 Filed 6-24-99; 8:45 am]

BILLING CODE 3510-22-F and 4310-55-F