Recovery Plan for the Northern Spotted Owl - DRAFT

The real or perceived disincentives to protective management cause delay inimplementation of improved protection for the species. With each year ofprotective management delay, habitat is cut outside take circles, reducingoptions for recovery. After several years of take circle management, habitat onnonfederal lands may be found only inside those circles.Expediency of plan development, approval, and implementation may be themost important criterion for successful protective management. Some HCPshave been completed in 6 to 12 months but others have taken substantiallylonger to complete. Available mechanisms to achieve recovery objectives onnonfederal lands should be streamlined to achieve the same conservation goalin a more efficient and less costly manner.A processfor incorporating implementation tools intoprotective management.77Tefollowing scenario presumes that the FWS finds that the approach identifiedfor nonfederal lands is consistent with the intent of sections 4, 9, and 10 of theEndangered Species Act (Le., consistent with the conservation of the owl), andthat the states indicate their willingness to support the recovery plan and theapproach for compliance under the Endangered Species Act on nonfederal landsthrough appropriate state laws.1. States and the FWS would develop a detailed implementation strategy forthe use of nonregulatory mechanisms, such as land acquisition, to contributeto recovery goals. (see Tools for implementing recovery on nonfederallands in this section.)2. The FWS, states, and landowners agree on a regulatory program as follows:a. Specific landowner contributions that would allow specified levels ofincidental take to occur would be identified and agreements made toimplement them.b. Means for ensuring and monitoring implementation of the agreementsare identified and put in place.c. State and/or landowners incorporate 1 and 2 (above) into protectivemanagement plans, forming the basis of either a section 10 permit or asection 4(d) rule.d. The FWS pursues the appropriate action, including public review,which authorizes incidental take and ensures implementation of thealternative protective management plan. The states may requireadditional measures above those identified in the recovery plan orunder the FWS's take guidelines.Tools for implementing recovery on nonfederal lands.The Recovery Team evaluated the availability and effectiveness of severalmechanisms for implementation of the recovery objectives for nonfederal land,identified in section III.C.4. These mechanisms are elements of a comprehensiveapproach to owl conservation. Any one or a combination of these may beacceptable. This list may not be all inclusive; other equally valid ideas mayexist. Anticipated implementation of the biological objectives varies by provinceowing to differences in the proportion of federal ownership, state authorities,and availability of information about spotted owls.134