Recovery Plan for the Northern Spotted Owl - DRAFT

These requirements would tend to ensure that special rules would permit takeonly when a more effective program (that provided long-term assurance thatrecovery would occur) had been implemented.As envisioned by the Recovery Team, one possible role for federal special ruleswould be to ratify owl protection measures implemented under state authorities.For example, a state would adopt regulations governing the harvest of owlhabitat on nonfederal lands including measures aimed at maintaining currentlyunoccupied habitat in some areas and possibly other measures aimed atdeveloping owl habitat in areas where it does not now exist or is in shortsupply. In areas where nonfederal contributions to recovery do not requireabsolute prohibition of taking, restrictions on harvest might be substantiallyless than those that now apply under federal regulations. Federal rules mightthen prohibit deliberate, nonincidental taking and taking in violation of stateregulation. The owl would gain benefits not available under the general takingprohibition in areas that now have no owls, and landowners would be relievedof some of the current taking restrictions within occupied owl habitat.Another possible arrangement can be imagined that, for instance, would placemore of the substantial restrictions within the federal rules or would allowvarious means of off-site mitigation for harvest under state regulations. Closecooperation between the FWS and the states would be necessary in the planningof any such arrangement to ensure that state regulatory authorities wereadequate for implementation and that any regulation adopted would satisfy thestandards of the Endangered Species Act. The adoption of federal regulationsalso would be subject to review under NEPA and Executive Order 12291, whichrequires assessments of the impacts of federal rules.Building a climatefor negotiating protective management.Landowners are not required by the Endangered Species Act to contribute anyspotted owl protection beyond their obligation to refrain from taking owls. Ifspotted owl recovery depends in part on conservation efforts on nonfederallands, a climate for negotiation between landowners, the states, and the FWSmust be created.Although spotted owl recovery would be enhanced by replacing the short-termprotection of individual owls with long-term conservation efforts consistentwith recovery objectives, such protection efforts will not be initiated unlesslandowners see that it is to their benefit to participate in protective management.Section 10 of the Endangered Species Act allows nonfederal landowners todevelop habitat conservation plans (HCPs) as a condition for issuance ofincidental taking permit. ection 4(d) of the act is an alternative conservationtool, which allows the FWS to promulgate special rules" for the protection ofthreatened species. The FWS has indicated it will consider writing such rulesif the states or landowners develop conservation or protective managementplans. Rules also could provide interim management direction while an HCP isbeing developed.In California, several landowners, forestry associations, environmental interests,and scientists currently participate in habitat protective managementefforts with the state, FWS, Forest Service, and BLM. A few California companiesare working directly with the FWS to develop their own habitat conservationplans that are expected to be consistent with the statewide plan. Thestatewide HCP is expected to be completed by 1993, at the earliest, underscoringthe need to establish and maintain a positive climate for negotiation (seesection II.C.).133