Recovery Plan for the Northern Spotted Owl - DRAFT

Recovery Plan for the Northern Spotted Owl - DRAFT Recovery Plan for the Northern Spotted Owl - DRAFT

10.07.2015 Views

"Threatened species" means a species likely to become endangeredin the foreseeable future throughout all or a significant portion of itsrange.The Endangered Species Act requires that listing decisions be made "solely onthe basis of the best scientific and commercial data .... " In this context,"commercial data' refers solely to information regarding trade in a species orproducts derived from it, and does not allow the probable economic consequencesto affect a decision regarding a species' listing.3. Critical Habitat DesignationThe Endangered Species Act also directs the agencies to propose criticalhabitat "to the maximum extent prudent and determinable." Once again, theact's definitions are important."Critical habitats" are specific areas within the geographical areaoccupied by a species at the time of listing on which are found thosephysical or biological features (1) essential to the conservation of thespecies; (2) which may require special management considerationsor protection; and (3) specific areas outside the area occupied by thespecies upon a determination that such areas are essential to itsconservation."Conservation" means the use of all methods and proceduresnecessary to bring a species to the point at which the protectivemeasures of the act are no longer necessary. Conservation is theprocess or means of achieving recovery. It is reasonable for thedesignation of critical habitat areas "essential to the conservation ofthe species" to consider the habitat needs identified in a recoveryplan.Designation of critical habitat is considered to be prudent when it would be ofconservation benefit to the species for which it is designated. Critical habitat isdeterminable if sufficient information is available to adequately delineate thearea or areas that should be included in the designation.The act also requires an examination of the economic and other relevantimpacts of the designation of critical habitat, and allows areas to be excludedfrom critical habitat if the benefits of exclusion outweigh the benefits of inclusion,unless exclusion would lead to the extinction of the species.In the proposed and final listing of the northern spotted owl, the FWS deferreddesignation of critical habitat as "not determinable." Critical habitat must bedesignated to the maximum extent prudent and determinable at the time aspecies is listed. If critical habitat is not determinable at listing, the act allowsan additional year beyond the one in which listing must progress from proposedto final. At the end of the second year, critical habitat must be designatedto the maximum extent prudent. In further consideration of the casethat challenged the FWS's original petition finding, the court did not accept theFWS's argument that critical habitat for the owl was not determinable, andordered the FWS to publish a proposal to designate critical habitat by April 29,1991. A proposal for 11.6 million acres of critical habitat was published onMay 6, 1991. A revised proposal that reduced the area to about 8.2 millionacres, principally by excluding private, Indian, and state lands, was publishedon August 3, 1991, and a final designation of 6.9 million acres was issued onJanuary 15, 1992.4

4. Recovery PlansThe Endangered Species Act calls for the preparation of recovery plans forlisted species that are likely to benefit from the effort, and authorizes theSecretary of the Interior to appoint recovery teams. A recovery plan mustestablish recovery goals and objectives, describe site-specific managementactions recommended to achieve those goals, and estimate the time and costrequired for recovery. A recovery plan is not self-implementing, but presents aset of recommendations endorsed by an approving official representing theDepartment of the Interior.The Secretary appointed an interdisciplinary Northern Spotted Owl RecoveryTeam in February 1991. The Secretary's directive to the team (see Appendix K)called for a biologically credible plan. The Secretary further directed that theplan should, consistent with its legal mandate, "address concerns such as:potential community and regionwide economic and social impacts: fiscalimplications at the local, state and federal levels: compatibility with other legalmandates; effects on other threatened and endangered species and thosespecies which might be listed in the future; and broader, ecosystem-relatedconsiderations."The Northern Spotted Owl Recovery Team includes members of federal agencies,academic scientists, and representatives from the governors' offices inCalifornia, Oregon, and Washington. The Recovery Team held meetings eachmonth from March to September 1991 that were open to the public and thenmet in closed session while it developed final options and recommendations forthe Secretary's review.At its first meeting, the Recovery Team established standing committees toaddress particular aspects of preparing the recovery plan: members of thecommittees are shown in Appendix K. Committees were established for owlbiology, planning and implementation, forest ecology and management, otherspecies, and economics. An executive committee also was formed whosemembership included the Recovery Team chairman, team coordinator, and allcommittee chairpersons. The committees gathered information and providedevaluations in their respective subject areas for presentation to and action bythe full Recovery Team.The Recovery Team held numerous meetings as a full team and in smallercommittees working on specific matters. Members visited a wide variety of owlhabitats and forests in the three states, including lands in the Mt. Hood andSix Rivers National Forests, Olympic National Park, the Bureau of Land ManagementEugene District, the Yakima Indian Reservation, Oregon's TillamookState Forest, and several privately owned commercial forests.The Recovery Team's mandate and its inclusion of some members with backgroundsin areas other than the biological sciences make it unusual amongrecovery teams. This structure enables the Recovery Team to consider and, asappropriate, to reduce the cost of recovery. It is also significant that Congressagreed to Conference Report language accompanying the 1992 Interior andRelated Agencies appropriation bill encouraging the Recovery Team to considerthe social and economic impacts of the recovery plan.5

4. <strong>Recovery</strong> <strong>Plan</strong>sThe Endangered Species Act calls <strong>for</strong> <strong>the</strong> preparation of recovery plans <strong>for</strong>listed species that are likely to benefit from <strong>the</strong> ef<strong>for</strong>t, and authorizes <strong>the</strong>Secretary of <strong>the</strong> Interior to appoint recovery teams. A recovery plan mustestablish recovery goals and objectives, describe site-specific managementactions recommended to achieve those goals, and estimate <strong>the</strong> time and costrequired <strong>for</strong> recovery. A recovery plan is not self-implementing, but presents aset of recommendations endorsed by an approving official representing <strong>the</strong>Department of <strong>the</strong> Interior.The Secretary appointed an interdisciplinary Nor<strong>the</strong>rn <strong>Spotted</strong> <strong>Owl</strong> <strong>Recovery</strong>Team in February 1991. The Secretary's directive to <strong>the</strong> team (see Appendix K)called <strong>for</strong> a biologically credible plan. The Secretary fur<strong>the</strong>r directed that <strong>the</strong>plan should, consistent with its legal mandate, "address concerns such as:potential community and regionwide economic and social impacts: fiscalimplications at <strong>the</strong> local, state and federal levels: compatibility with o<strong>the</strong>r legalmandates; effects on o<strong>the</strong>r threatened and endangered species and thosespecies which might be listed in <strong>the</strong> future; and broader, ecosystem-relatedconsiderations."The Nor<strong>the</strong>rn <strong>Spotted</strong> <strong>Owl</strong> <strong>Recovery</strong> Team includes members of federal agencies,academic scientists, and representatives from <strong>the</strong> governors' offices inCali<strong>for</strong>nia, Oregon, and Washington. The <strong>Recovery</strong> Team held meetings eachmonth from March to September 1991 that were open to <strong>the</strong> public and <strong>the</strong>nmet in closed session while it developed final options and recommendations <strong>for</strong><strong>the</strong> Secretary's review.At its first meeting, <strong>the</strong> <strong>Recovery</strong> Team established standing committees toaddress particular aspects of preparing <strong>the</strong> recovery plan: members of <strong>the</strong>committees are shown in Appendix K. Committees were established <strong>for</strong> owlbiology, planning and implementation, <strong>for</strong>est ecology and management, o<strong>the</strong>rspecies, and economics. An executive committee also was <strong>for</strong>med whosemembership included <strong>the</strong> <strong>Recovery</strong> Team chairman, team coordinator, and allcommittee chairpersons. The committees ga<strong>the</strong>red in<strong>for</strong>mation and providedevaluations in <strong>the</strong>ir respective subject areas <strong>for</strong> presentation to and action by<strong>the</strong> full <strong>Recovery</strong> Team.The <strong>Recovery</strong> Team held numerous meetings as a full team and in smallercommittees working on specific matters. Members visited a wide variety of owlhabitats and <strong>for</strong>ests in <strong>the</strong> three states, including lands in <strong>the</strong> Mt. Hood andSix Rivers National Forests, Olympic National Park, <strong>the</strong> Bureau of Land ManagementEugene District, <strong>the</strong> Yakima Indian Reservation, Oregon's TillamookState Forest, and several privately owned commercial <strong>for</strong>ests.The <strong>Recovery</strong> Team's mandate and its inclusion of some members with backgroundsin areas o<strong>the</strong>r than <strong>the</strong> biological sciences make it unusual amongrecovery teams. This structure enables <strong>the</strong> <strong>Recovery</strong> Team to consider and, asappropriate, to reduce <strong>the</strong> cost of recovery. It is also significant that Congressagreed to Conference Report language accompanying <strong>the</strong> 1992 Interior andRelated Agencies appropriation bill encouraging <strong>the</strong> <strong>Recovery</strong> Team to consider<strong>the</strong> social and economic impacts of <strong>the</strong> recovery plan.5

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