Recovery Plan for the Northern Spotted Owl - DRAFT

people of the United States." Redwood National Park, created in 1968, wasestablished "to preserve significant examples of the primeval coastal redwoodforests and the streams and seashores with which they are associated forpurposes of public inspiration, enjoyment, and scientific study."The Endangered Species Act applies to all national park system areas as itdoes to other federal lands.4. Fish and Wildlife ServiceManagement BackgroundThe U.S. Fish and Wildlife Service (FWS) administers several national wildliferefuges within the range of the owl. Two refuges in Oregon and two in Washingtoncontain small parcels of suitable owl habitat. National wildlife refugesare managed in accordance with goals of preserving a natural diversity andabundance of fauna and flora on refuge lands and of preserving, restoring, andenhancing in their natural ecosystems all endangered and threatened speciesof animals and plants.Since the northern spotted owl was proposed for listing, the FWS has conductedhundreds of conferences and consultations under section 7 of theEndangered Species Act concerning the land management activities of federalagencies within the species' range. Since publication of the proposal to designatecritical habitat, the conference process also has been available with regardto effects of federal management on the areas proposed for designation. Withfinal designation of critical habitat on January 15, 1992, consultation responsibilitieswere extended to these areas so designated.Applicable LawThe FWS assists other federal agencies in fulfilling their obligations undersection 7 of the Endangered Species Act. The act requires agencies to undertakeprograms for the conservation of endangered and threatened species andto ensure that their actions are not likely to jeopardize the continued existenceof a listed species or to destroy or adversely modify its critical habitat. Agenciesmust consult with the FWS on any action that may affect a listed species.Consultation. The FWS conducts consultations at the request of an actionagency to determine whether actions proposed by federal agencies are likely to"jeopardize the continued existence" of threatened or endangered species, orresult in 'destruction or adverse modification" of critical habitat designated forlisted species. These phrases are defined in regulations (50 CFR 402.02) asfollows:"Jeopardize the continued existence means to engage in an action thatreasonably would be expected, directly or indirectly, to reduce appreciablythe likelihood of both the survival and recovery of a listed species in thewild by reducing the reproduction, numbers, or distribution of the species.""Destruction or adverse modification means a direct or indirect alterationthat appreciably diminishes the value of critical habitat for both thesurvival and recovery of a listed species. Such alterations include, but arenot limited to, alterations adversely modifying any of those physical orbiological features that were the basis for determining the habitat to becritical."75