Landowner option plans (LOPs) are intended to
provide landowners with a mechanism, entered into voluntarily, to contribute to
the protection of northern spotted owls by considering the needs of overall
population maintenance or dispersal habitat across a defined geographic area.
Forest practices applications that are in an area covered by an LOP, and that
are consistent with the LOP, will not be classified as Class IV - Special on
the basis of critical habitat (state) or critical habitat (federal) for the
northern spotted owl. This does not preclude classification as Class IV-Special
because of the presence of other factors listed in WAC
.
(a) Required elements of LOPs.
The level of detail to be included in a LOP will depend on the area of
ownership involved, the time period for which the plan will be in effect, and
the complexity of the management strategy. Nevertheless, each plan shall
contain the elements set forth in this subsection.
(i)
Goals and objectives. The
specific goals and objectives for the landowner's contributions proposed under
the LOP shall be developed by the landowner and approved by the department in
consultation with the department of fish and wildlife based on the following:
(A) Mitigation under the plan must be
reasonable and capable of being accomplished;
(B) To the maximum extent practicable, the
plan must minimize and mitigate significant adverse impacts caused by, and
identified in, the plan on individual northern spotted owl site centers or the
ability of the SOSEA to meet SOSEA goals. Specific short (one to five-year) and
long (greater than five-year) term goals and objectives for the LOP should be
clearly stated, where applicable; and
(C) LOPs should be designed to achieve an
appropriate contribution from nonfederal lands toward meeting SOSEA goals and
are intended to be an efficient and effective alternative to site-by-site
management planning. In Eastern Washington, LOPs must also consider the need to
protect the forests from catastrophic loss from wildfire, insects, and
diseases.
(ii)
Other required elements:
(A) A
description of the planning area. The LOP planning area shall include a
sufficient amount of the landowner's forest land within the SOSEA to meet the
goals and objectives of the plan.
(B) A description of the physical features in
the planning area (e.g., geology, topography, etc.).
(C) The current habitat status. Suitable
spotted owl habitat should be categorized and mapped as old forest, sub-mature,
young forest marginal, or dispersal.
(D) The current species status. All status 1,
2, and 3 northern spotted owl site centers and the associated median home range
circles that overlap any of the landowner's ownership within the LOP boundary
must be mapped.
(E) Management
proposals and relevant operations plans.
(F) Projected suitable habitat
development.
(G) A plan for
training.
(H) A monitoring
program.
(I) Reporting
standards.
(J) The conditions under
which the LOP may be modified.
(K)
The term of the LOP and conditions for termination. The term of the LOP shall
be sufficient to meet its goals and objectives. The conditions of the LOP run
with the land unless the LOP specifies alternative means to achieve the LOP
goals and objectives upon mid-term sale or transfer. In addition to any other
termination provisions in the LOP, plans may be terminated by mutual agreement
of the landowner and the department.
(b)
Approval of LOPs. Upon
receipt of a landowner option plan, the department shall circulate the plan to
the department of fish and wildlife, affected Indian tribes, local government
entities, other forest landowners in the SOSEA, and the public for a thirty-day
review and comment period. The department may extend this review period for up
to thirty additional days. Within ninety days of receipt of the plan, the
department shall review the comments and approve or disapprove the plan or
submit the plan to the landowner to revise as appropriate. The department,
after consultation with the department of fish and wildlife, shall approve the
plan if:
(i) The plan contains all of the
elements required under this section;
(ii) The plan is expected to be effective in
meeting its goals and objectives;
(iii) The plan will not have a probable
significant adverse impact on the ability of the SOSEA to meet its goals;
and
(iv) The plan will not
appreciably reduce the likelihood of the survival and recovery of the northern
spotted owl in the wild.
In making its determination under this subsection, the
department shall consider the direct, indirect, and cumulative effects of the
plan; both the short-term and long-term effects of the plan; and whether local,
state, or federal land management, regulatory, or nonregulatory requirements
will mitigate identified significant adverse impacts. If the department does
not approve the plan, or approves it over the objections of the department of
fish and wildlife, the department shall set forth in writing a concise
explanation of the reasons for its action.
