Recovery Plan for the Northern Spotted Owl - DRAFT

vation Strategy for the Northern Spotted Owl, Report of the Interagency ScientificCommittee to Address the Conservation of the Northern Spotted Owl," wasreleased in April 1990 (ISC).On September 28, 1990, the Department of Agriculture gave notice that theForest Service was vacating the December 1988 Record of Decision regardingspotted owl management and that it would manage,". . . not inconsistent withthe ISC Report."On October 22, 1990, the Seattle Audubon Society filed an amended complaintwith the federal District Court in Seattle alleging that the September 3, 1990,notice vacating the 1988 Record of Decision and the spotted owl habitat areasystem were illegal. Twelve timber sales were challenged under NFMA, NEPA,and MBTA aspects of the case, and were enjoined in December 1990.The court ruled on March 7, 1991, that listing of a species under the EndangeredSpecies Act did not relieve the Forest Service of its duty to ensure aviable population of the species. The court also held that the October 3, 1990,notice was adopted in violation of NFMA regulations. Eventually, the ForestService was enjoined from auctioning or awarding any timber sales in suitableowl habitat while the agency prepared an environmental impact statement andotherwise complied with the court's orders.The Forest Service filed a notice of intent to issue an environmental impactstatement on May 8, 1991, and invited public comment for 3 months. Thedraft environmental impact statement was issued in September 1991. A finalenvironmental impact statement was completed and the record of decision wassigned on March 3, 1992.Applicable LawNational Forest Management Act. This is the principal law governingmanagement of the national forest system. It requires that national forestsdevelop land and resource management plans. These plans must be updatedevery 10 to 15 years. The act requires that the plans include but not be limitedto the following:1. An analysis of present and anticipated uses, demand for, and supply of therenewable resources, with consideration of the international resourcesituation, and an emphasis on pertinent supply and demand and pricerelationship trends.2. An inventory, based on information developed by the Forest Service andother federal agencies, of present and potential renewable resources, andan evaluation of opportunities for improving their yield of tangible andintangible goods and services, together with estimates of investment costsand direct and indirect returns to the federal government.3. A description of Forest Service programs and responsibilities in research,cooperative programs and management of the national forest system, theirinterrelationships, and the relationship of these programs and responsibilitiesto public and private activities.4. A discussion of important policy considerations, laws, regulations, andother factors expected to influence and affect significantly the use, ownership,and management of forest, range, and other associated lands.68