Recovery Plan for the Northern Spotted Owl - DRAFT
Recovery Plan for the Northern Spotted Owl - DRAFT Recovery Plan for the Northern Spotted Owl - DRAFT
authority of the public body to enter into land exchanges, 4) the change inpublic timber supply as a result of the exchange, 5) effect on local taxbase, 6) the willingness of nonfederal landowners to enter into exchanges,and 7) the timing of the exchange.8. Purchase. Purchase of fee title of private or state lands for reasons similarto land exchange. Purchase must be evaluated on 1) the authority of thepublic sector to purchase private or state land, 2) the availability ofresources for public purchase, 3) the willingness of the nonfederal partiesto sell, 4) the change in public timber supply as a result of the purchase,5) effect on local tax base, 6) the timing of the purchase, 7) whetherpurchase is of both land or timber or whether some harvest rights areretained by seller.9. Timber rights trade. Rather than purchasing or exchanging land, federaland nonfederal parties exchange timber cutting rights without alteringland ownership. This should be evaluated in the same way as landpurchase or exchange. Legal technicalities may need to be addressed.10. Conservation easements, mitigation banks, purchase or transfer of developmentor harvest rights. A number of 'market-oriented" tools are availablefor protective management. These tools are characterized by beingvoluntary, rather than mandatory, and allow all parties involved to basetheir decisions on the likely costs and benefits they will incur. Theavailability of these tools increases the options for efficiently meetingconservation goals.A conservation easement is dedicated for conservation purposes, such asopen space or wildlife habitat. The landowner is compensated for placingland in an easement, often through preferential property tax treatment.The feasibility of conservation easements must be evaluated in terms of 1)the availability of suitable areas for easements, 2) the ability to administerthe easements, such as the existence of land trusts, and 3) the relativebenefits that a landowner could expect from entering into a conservationeasement.Mitigation banking is an offsite mitigation tool intended to compensate forhabitat losses associated with future timber harvesting or other activities.Credits must be established (e.g., acres of owl habitat) prior to timberharvesting. The intent of mitigation banking is to develop a surplus ofsecured habitat before timber harvesting proceeds in existing suitablehabitat to minimize the lag time between losses from timber harvestingand replacement from mitigation. Mitigation banking can consolidatemitigation measures from numerous small habitat losses and provide alarger off-site mitigation area.The feasibility of mitigation banks must be evaluated based on 1) theavailability of suitable sites for mitigation banks that would not have beenprotected otherwise, 2) the ability to establish appropriate measure ofcredits, 3) the institutional ability to administer the banks and monitortheir effectiveness.Transfer of development or harvest rights is another mechanism to allowhigher levels of activity, such as timber harvesting, on location (destinationor sink) by transferring unused rights from another location (source),thereby reducing the potential level of activities in the source location.Purchase of such rights can be used to lower the overall potential level oftimber harvesting in an area by not transferring them to another location.136
The feasibility of transfer or purchase of rights must be evaluated against1) biological constraints regarding habitat quality, quantity, and location,2) availability of institutional means to evaluate, monitor, and keepaccount of the trades, and 3) transactions costs to landowners andadministering agencies. Any trades would have to be carefully andconservatively structured owing to the uncertainty about their biologicaland social and economic effects.Implementation ScenarioIn section III.C.3., the recovery plan assumes that federal agency implementationwill occur in phases during the next 5 years. An approach to recoveryplan implementation that is feasible and prompt might occur in three broadphases. The first phase, which should take less than 1 year, involves completionof a federal and nonfederal review of its recommendations to determineorganization-specific actions needed to achieve consistency; e.g., forest andresource management plan revisions, and to carry out interim managementwhich serves as an appropriate "bridge" to full implementation. The secondphase, which likely will require up to 2 years, involves completing these generalresource management planning activities, preparing the more specific DCAmanagement plans recommended in the recovery plan, and adopting researchand monitoring strategies, and initiating related on-the-ground managementactions. The third phase includes further refinements of management activities,including monitoring and research, that characterize full-scale implementation,and the development of information for use in reviewing and, as necessary,revising the recovery plan.The following outline briefly describes this phased implementation strategy. Itlists anticipated activities in each phase of federal action agency (Forest Service,BLM, National Park Service), nonfederal entities, and the FWS. Some ofthe actions specified in each phase are interdependent, and it is assumed thatthey may proceed either concurrently or sequentially, as necessary.Phase 1 (May 1992 - May 1993)1. Federal action agencies:* Review the recovery plan to determine management requirements neededto achieve consistency with recovery plan recommendations and takeprohibitions as required by FLPMA, NFMA, NEPA, and any other applicablemandates (e.g., forest plan and regional guide revision or amendment).* By January 1993, adopt the recovery plan and implement interimmanagement to assure maximum consistency with recovery plan recommendationspending completion of the above management requirements.2. States:* Review the recovery plan to determine how to implement its recommendationsunder current authorities and initiate necessary actions (e.g., HCPdevelopment), in cooperation with private landowners as appropriate.* Assess the feasibility of other actions to promote recovery plan implementation.3. U.S. Fish and Wildlife Service:* Promulgate a critical habitat rule to reflect recovery plan recommendations,and use it in conjunction with the DCA management guidelines asthe basis for adverse modification determinations.137
- Page 102 and 103: Coastal Oregon Productivity Enhance
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The feasibility of transfer or purchase of rights must be evaluated against1) biological constraints regarding habitat quality, quantity, and location,2) availability of institutional means to evaluate, monitor, and keepaccount of <strong>the</strong> trades, and 3) transactions costs to landowners andadministering agencies. Any trades would have to be carefully andconservatively structured owing to <strong>the</strong> uncertainty about <strong>the</strong>ir biologicaland social and economic effects.Implementation ScenarioIn section III.C.3., <strong>the</strong> recovery plan assumes that federal agency implementationwill occur in phases during <strong>the</strong> next 5 years. An approach to recoveryplan implementation that is feasible and prompt might occur in three broadphases. The first phase, which should take less than 1 year, involves completionof a federal and nonfederal review of its recommendations to determineorganization-specific actions needed to achieve consistency; e.g., <strong>for</strong>est andresource management plan revisions, and to carry out interim managementwhich serves as an appropriate "bridge" to full implementation. The secondphase, which likely will require up to 2 years, involves completing <strong>the</strong>se generalresource management planning activities, preparing <strong>the</strong> more specific DCAmanagement plans recommended in <strong>the</strong> recovery plan, and adopting researchand monitoring strategies, and initiating related on-<strong>the</strong>-ground managementactions. The third phase includes fur<strong>the</strong>r refinements of management activities,including monitoring and research, that characterize full-scale implementation,and <strong>the</strong> development of in<strong>for</strong>mation <strong>for</strong> use in reviewing and, as necessary,revising <strong>the</strong> recovery plan.The following outline briefly describes this phased implementation strategy. Itlists anticipated activities in each phase of federal action agency (Forest Service,BLM, National Park Service), nonfederal entities, and <strong>the</strong> FWS. Some of<strong>the</strong> actions specified in each phase are interdependent, and it is assumed that<strong>the</strong>y may proceed ei<strong>the</strong>r concurrently or sequentially, as necessary.Phase 1 (May 1992 - May 1993)1. Federal action agencies:* Review <strong>the</strong> recovery plan to determine management requirements neededto achieve consistency with recovery plan recommendations and takeprohibitions as required by FLPMA, NFMA, NEPA, and any o<strong>the</strong>r applicablemandates (e.g., <strong>for</strong>est plan and regional guide revision or amendment).* By January 1993, adopt <strong>the</strong> recovery plan and implement interimmanagement to assure maximum consistency with recovery plan recommendationspending completion of <strong>the</strong> above management requirements.2. States:* Review <strong>the</strong> recovery plan to determine how to implement its recommendationsunder current authorities and initiate necessary actions (e.g., HCPdevelopment), in cooperation with private landowners as appropriate.* Assess <strong>the</strong> feasibility of o<strong>the</strong>r actions to promote recovery plan implementation.3. U.S. Fish and Wildlife Service:* Promulgate a critical habitat rule to reflect recovery plan recommendations,and use it in conjunction with <strong>the</strong> DCA management guidelines as<strong>the</strong> basis <strong>for</strong> adverse modification determinations.137