Availability of an Environmental Assessment on the Proposed Issuance of an Incidental Take Permit for Boise Cascade Timber Company, Clatsop County, Oregon

Federal RegisterMar 5, 1999

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental Assessment on the Proposed

Issuance of an Incidental Take Permit for Boise Cascade Timber Company,

Clatsop County, Oregon

AGENCY: Fish and Wildlife Service, DOI.

ACTION: Notice of availability, Request for comments, and reopening of

comment period.

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SUMMARY: This notice advises the public that the Fish and Wildlife

Service (Service) has prepared a draft Environmental Assessment on the

proposed issuance of an incidental take permit to the Boise Cascade

Corporation (Boise Cascade) pursuant to section 10(a)(1)(B) of the

Endangered Species Act of 1973, as amended (Act). The proposed permit

would authorize the incidental take, resulting from habitat

modification, of the northern spotted owl (Strix occidentalis caurina),

which is listed under the Act as a threatened species. The Service

announced the receipt of Boise Cascade's incidental take permit

application and the availability of the Boise Cascade Walker Creek Unit

Habitat Conservation Plan (Plan) and draft Implementation Agreement,

which accompany the incidental take permit application, for public

comment on December 23, 1998 (63 FR 71148). Because the draft

Environmental Assessment provides additional information on the effects

of the proposed permit issuance, the Service will accept additional

comments on the permit application, Plan, and draft Implementation

Agreement during the comment period for the draft Environmental

Assessment.

DATES: Written comments on the draft Environmental Assessment, permit

application, Plan, and draft Implementation Agreement should be

received on or before April 5, 1999.

ADDRESSES: Individuals wishing copies of the draft Environmental

Assessment, permit application, full text of the Plan, or the draft

Implementation Agreement should immediately contact the office and

personnel listed below. These documents also will be available for

public inspection, by appointment, during normal business hours at the

address below. Comments regarding the draft Environmental Assessment,

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 TE005227-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Rich Szlemp, Fish and Wildlife

Service, Oregon State Office, telephone (503) 231-6179.

SUPPLEMENTARY INFORMATION: Boise Cascade is proposing to harvest

approximately 50 acres of mature and old growth forest from a 65-acre

parcel of land. The surrounding ownership consists of Oregon Department

of Forestry land and lands owned by the Agency Creek Management

Company. The Boise Cascade property contains two nest trees that were

occupied by a pair of northern spotted owls between 1990 and 1996.

Other listed species may also be affected by the proposed Plan. Coho

salmon (Oncorhynchus kisutch) are found in Walker Creek in the Plan

area. No surveys have been conducted for marbled murrelets

(Brachyramphus marmoratus) or bald eagles (Haliaeeus leucocephalus),

but the Plan area does contain potentially suitable nesting platforms

for marbled murrelets and contains suitable bald eagle habitat. The

Plan area contains some of the best northern spotted owl nesting

habitat in the northern portion of the Oregon Coast Range. Most of the

surrounding land has been logged or contains younger stands of timber

that do not provide as high quality of owl nesting habitat as the Plan

area.

Alternatives Analyzed in the Draft Environmental Assessment

Alternative 1. No Action

Under this alternative the Service would not issue a permit or the

applicant would decide to not harvest the unit. For this analysis, it

is assumed that this alternative would maintain the existing old growth

forest within the unit.

Alternative 2. The Incidental Take Permit Application and Plan

Submitted by Boise Cascade

This alternative would provide for the maximum timber harvest

allowable under the Oregon Forest Practices Act. Boise Cascade would

harvest about 50 acres of a 70-acre spotted owl core area originally

designated by the Oregon Department of Forestry. Boise Cascade removed

6 acres of forest associated with the construction of a logging road in

1989. The remaining 14 acres of the core is on adjacent state forest

lands or private lands. Logging of the unit was prohibited by the State

of Oregon until 1997 because the unit was within the core area of an

active spotted owl site. Due to the lack of use of this site as an

activity center for spotted owls in 1997, the Oregon Department of

Forestry formally considered this site abandoned. However, the 50 acres

are all considered suitable spotted owl habitat and include two trees

that were known to be used by spotted owls as nest trees. A pair of

spotted owls were active in the vicinity of this core area between 1990

and 1996, and were known to have nested in 1990, 1992 and

[[Page 10718]]

1994. A juvenile spotted owl has been detected in various locations in

the general vicinity of the unit over the past year.

Boise Cascade proposes to: conduct harvest activities outside of

the spotted owl nesting season (March 1-September 15); use existing

roads that may need to be graded or otherwise refurbished for hauling

use; use a tractor to remove logs in areas of flat terrain; use a

cable/skyline to yard trees on the majority of the area which contains

slopes of greater than 30 percent; and, replant harvested areas with

Douglas-fir, sitka spruce, western red cedar, and/or western hemlock

within 12 months of harvest. As required by the Oregon Forest Practices

Act, Boise Cascade would leave, on average per acre harvested, at

least:

Two snags or two green trees at least 30 feet in height

and 11 inches diameter at breast height (dbh) or larger, at least 50

percent of which are conifers; and

Two downed logs or downed trees, at least 50 percent of

which are conifers, that each comprise at least 10 cubic-feet gross

volume and are no less than 6 feet long. One downed conifer or suitable

hardwood log of at least 20 cubic feet gross volume and no less than 6

feet long may count as 2 logs.

In addition, Boise Cascade has stated in its written operations

harvesting plan (97-11514) dated October 22, 1997, and submitted to the

Oregon Department of Forestry that it would log the unit in accordance

with the following conditions:

No conifer would be harvested within 100 feet of Walker

Creek (using the high water mark as a boundary). No hardwood would be

harvested within 50 feet of Walker Creek. All ``in-unit'' leave trees

would be placed in, or adjacent to, the riparian management area.

Conifer leave trees would be placed further than 100-feet from Walker

Creek and hardwood leave trees would be placed further than 50-feet

from Walker Creek. The ``in-unit'' leave trees would be a minimum of 75

percent conifer. All other trees would be harvested;

Any tree that cannot be felled and kept further than 50

feet from Walker Creek would be left standing. Any portion of a felled

tree inadvertently falling within 50 feet of Walker Creek would be

left;

No downed wood or snags (except those required to be cut

for safety) would be cut within the Walker Creek riparian management

area. No downed wood or snags would be cut within 20 feet of a small

tributary that enters Walker Creek in the northeast corner of the unit;

and

The unit would be cable/cat yarded. Logging skylines may

hang across the riparian management area. All yarding road changes

would be made either by clearing above the riparian management area or

by pulling back and restringing each road. Only safety trees would be

cut in this process.

This alternative would eliminate spotted owl habitat for an unknown

and indefinite period of time. This alternative would likely result in

incidental take in the form of harm by impairing essential breeding,

feeding, and sheltering behaviors of spotted owls.

Alternative 3. Large Tree, Snag, and Downed Wood Retention Alternative

This alternative is similar to the Boise Cascade Plan, but would

include the following prescriptions:

Two of the largest diameter green trees per acre harvested

would be retained, including the two known spotted owl nest trees. Half

of these trees would be a minimum of 26 inches dbh, and the remaining

half would be a minimum of 34 inches dbh. Snags could be substituted

for green trees, so long as the total number would not exceed more than

20 percent of the leave trees, and the snags have a trunk at least 30

feet tall. Trees retained within the designated 100-foot riparian

management area under the Oregon Forest Practices Act could not be

double-counted for the leave trees;

The retained trees would be clumped and randomly

distributed throughout the harvested acreage, and not all clumped

within or immediately adjacent to the riparian management area. The

clumps would be positioned and composed of enough trees, including sub-

dominant trees if necessary, to withstand windthrow in such a manner

that the target of 100 leave trees would be maintained outside of the

riparian management area;

All existing downed logs would be retained; and

The retained trees would not be harvested for a period of

80 years.

This alternative would result in a likelihood of incidental take of

spotted owls associated with harm through habitat loss, but would

provide dispersal quality habitat in about 40 years.

Alternative 4. Dispersal Habitat Alternative

This alternative would allow for timber harvest in accordance with

the following prescriptions:

No more than 40 percent of the standing tree basal area

would be removed, and trees that would be at least 11 inches dbh and

have an average 40 percent canopy closure immediately after harvest

would be retained;

At least one of the two known spotted owl nest trees would

be retained;

No downed logs would be removed; and

Further logging on the unit would be deferred for 40

years.

This alternative would result in a likelihood of incidental take of

spotted owls by harm through habitat loss within the area harvested,

but would maintain dispersal quality habitat and provide spotted owl

foraging opportunities.

Alternative 5. Dispersal and Remnant Nesting Habitat Alternative

In addition to the prescriptions identified in alternative 4, this

alternative would add a 500-foot, no-cut protection zone, within the

bounds of the property, centered around one of the two known owl nest

trees.

This alternative would result in a likelihood of incidental take of

spotted owls by harm through habitat loss within the area harvested,

but would maintain dispersal and foraging quality habitat, and provide

a remnant piece of nesting quality habitat.

All interested agencies, organizations, and individuals are urged

to provide comments on the draft Environmental Assessment, permit

application, Plan, and draft Implementation Agreement. All comments

received by the closing date will be considered by the Service as it

completes its National Environmental Policy Act compliance and makes

its decision regarding permit issuance or denial.

Dated: February 26, 1999.

Cynthia U. Barry,

Acting Regional Director, Region 1, Portland, Oregon.

[FR Doc. 99-5456 Filed 3-4-99; 8:45 am]

BILLING CODE 4310-55-P

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