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Receipt and Availability of Applications for Permits to Allow Incidental Take of Threatened and Endangered Species by The Pacific Lumber Company and its Subsidiaries, Scotia Pacific Holding Company and Salmon Creek Corporation, on Lands in Humboldt County, California
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 14, 1998 (Volume 63, Number 134)]
[Notices]
[Page 37900-37902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy98-97]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 071098F]
Receipt and Availability of Applications for Permits to Allow
Incidental Take of Threatened and Endangered Species by The Pacific
Lumber Company and its Subsidiaries, Scotia Pacific Holding Company and
Salmon Creek Corporation, on Lands in Humboldt County, California
AGENCY: Fish and Wildlife Service, Interior; National Marine Fisheries
Service, National Oceanic and Atmospheric Administration, Commerce.
ACTION: Notice of receipt and availability for public comment.
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SUMMARY: The Pacific Lumber Company and its wholly-owned subsidiaries,
Scotia Pacific Holding Company and Salmon Creek Corporation
(collectively, the Companies), have applied to the Fish and Wildlife
Service and the National Marine Fisheries Service (collectively, the
Services) for an incidental take permit from each of the Services
pursuant to section 10(a) of the Endangered Species Act of 1973, as
amended (ESA). The federally listed species for which the Companies
have requested permits are the northern spotted owl (Strix occidentalis
caurina), marbled murrelet (Brachyramphus marmoratus), American
peregrine falcon (Falco peregrinus anatum), bald eagle (Haliaeetus
leucocephalus), western snowy plover (Charadrius alexandrinus nivosus),
and coho salmon (Oncorhynchus kisutch). The Companies have also
requested that 30 currently proposed and other unlisted species be
included on the permits, should the species be listed in the future
under the ESA. The proposed take would occur incidental to timber
harvest and other proposed activities on the Companies lands in
Humboldt County, California. The applications have been assigned Fish
and Wildlife Service permit number PRT-828950 and National Marine
Fisheries Service permit number 1157. The Services announce the
availability for public comment of the permit applications, including
the associated proposed Habitat Conservation Plan (Plan) and proposed
Implementation Agreement. All comments received will become part of the
public record and may be released. This notice is provided pursuant to
section 10(c) of the ESA. The proposed Plan is, among other things,
also intended to satisfy the requirements for a Sustained Yield Plan
under California State law and the requirements for an incidental take
permit under section 2081(b) of the California Endangered Species Act.
The Services are currently developing, with the California Department
of Forestry and the California Department of Fish and Game, a joint
Draft Environmental Impact Statement/Environmental Impact Report, in
accordance with the National Environmental Policy Act and California
Environmental Quality Act. The Services plan to release the Draft
Environmental Impact Statement/Environmental Impact Report in August
and to hold several public hearings on it in September.
DATES: Written comments on the permit application, Plan, and
Implementation Agreement must be received on or before October 13, 1998.
ADDRESSES: Comments regarding the application, Plan, and Implementation
Agreement should be addressed to Mr. Bruce Halstead, Fish and Wildlife
Service, 1125 16th Street, Room 209, Arcata, California 95521-5582.
Written comments may be sent by facsimile to (707) 822-8411. Please
refer to permit number PRT-828950 and number 1157 when submitting
comments. Please see
SUPPLEMENTARY INFORMATION section for additional information on the
availability of the Plan and Implementation Agreement.
FOR FURTHER INFORMATION CONTACT: Mr. Bruce Halstead, Fish and Wildlife
Service, (707) 822-7201, or Mr. Craig Wingert, National Marine
Fisheries Service, (562) 980-4020.
SUPPLEMENTARY INFORMATION: The Companies own and manage commercial
forest land in northern California. The Pacific Lumber Company, and its
corporate parent, signed an agreement on September 28, 1996, with the
United States and the State of California. The agreement created a
framework for the transfer of approximately 7,500 acres of private
forest lands, including the Headwaters Forest (approximately 4500
acres) and the Elk Head Forest (approximately 1125 acres) to State and
Federal ownership. As originally structured, the Agreement anticipated
an exchange of these lands and timber for Federal and State assets with
a value of $300 million and a portion of the Elk River Property to be
acquired by the United States for up to $80 million.
The agreement also called for, among other things, development and
submission by the Companies, and processing by the Services, of
applications pursuant to section 10 of the ESA for incidental take
permits, accompanied by a habitat conservation plan. Under terms of the
agreement, the Companies were to develop a multi-species habitat
conservation plan for lands currently within their ownership, as well
as certain other lands which would be acquired by the Companies under
the framework envisioned by the agreement.
On November 14, 1997, Congress enacted PL 105-83. In that
legislation, Congress appropriated monies to satisfy the federal
funding obligations for land acquisitions anticipated in the September
1996 agreement. The authorization for the expenditure of these funds
expires March 1, 1999, and is effective only when, among other things,
an incidental take permit is issued covering the Pacific Lumber
property.
On February 27, 1998, the parties to the September 1996 agreement
signed a ``Pre-Permit Application Agreement in Principle,'' setting
forth principles to guide the Companies in developing the Plan prior to
its submission to and evaluation by the Services in accordance with the
ESA and the National Environmental Policy Act.
Under section 9 of the ESA and its implementing regulations, A
``taking'' of threatened and endangered species is prohibited. However,
the Services, under limited circumstances, may issue permits to take
threatened or endangered wildlife species if such taking is incidental
to, and not the purpose of, otherwise lawful activities. Regulations
governing permits for threatened and endangered species are codified in
50 CFR 17.22, 17.32, 222.22, and 222.24-28.
In the Plan, the Companies address species conservation and
ecosystem management on approximately 211,700 acres of land, primarily
in the coastal redwood zone of Humboldt County, California, currently
owned by the Companies or to be acquired as part of the Headwaters
transaction, and also any additional lands within one mile of the
boundaries of these lands, no more than 25,000 acres of which may be
covered by the permit. Most of the Companies currently-owned lands
occur in a largely contiguous block. The
[[Page 37901]]
duration of the proposed permit and Plan is 50 years.
The proposed Plan addresses 36 species for which the Companies seek
coverage under section 10 of the ESA. The Plan focuses on six species
due to their listing status, occurrence on the property, and likelihood
to be affected by activities proposed by the Companies. The six focus
species are identified here.
The proposed permit and Plan would authorize take of northern
spotted owls associated with management activities in northern spotted
owl habitat on the Companies lands. There are currently more than 140
northern spotted owl sites on the Companies' lands within the planning
area, and approximately 70 owl sites within one mile of the Companies'
ownership. The Plan would allow incidental take of northern spotted
owls consistent with providing adequate nesting, roosting, and foraging
habitat necessary to maintain a viable breeding owl population on the
Companies' lands throughout the permit period.
The proposed permit and Plan would also authorize take associated
with management activities within marbled murrelet habitat and
establish a system of Marbled Murrelet Conservation Areas designed to
protect most of the highest quality old-growth redwood forest murrelet
habitat on the property.
Coho salmon, chinook salmon (Oncorhynchus tshawytscha), cutthroat
trout (Oncorhynchus clarki), and steelhead (Oncorhynchus mykiss) are
the other focus species. In addressing conservation needs of these
species for properly functioning aquatic conditions, the proposed Plan
includes a riparian buffer strategy, a road strategy, stream
monitoring, and a hillslope/erosion control strategy. Under the Plan,
the Companies may, at their option, conduct subsequent watershed
analysis to tailor mitigation prescriptions to site specific
conditions.
The American peregrine falcon, bald eagle, and western snowy plover
are included in the permit application to cover circumstances where
these listed species may occur on the property and at some point be
affected by the Companies' proposed covered activities.
Other currently unlisted species also addressed in the Plan and
proposed for inclusion on the permit are the foothill yellow-legged
frog (Rana boylei), red-legged frog (Rana aurora), southern torrent
salamander (Rhyacotriton variegatus), tailed frog (Ascaphus truei),
northwestern pond turtle (Clemmys marmorata marmorata), bank swallow
(Riparia riparia), double-crested cormorant (Phalacrocorax auritus),
great blue heron (Ardea herodias), great egret (Casmerodius albus),
snowy egret (Egretta thula), black-crowned night heron (Nycticorax
nycticorax), sharp-shinned hawk (Accipiter striatus), Cooper's hawk
(Accipiter cooperi), northern goshawk (Accipiter gentilis), ferruginous
hawk (Buteo regalis), osprey (Pandion haliaetus), yellow warbler
(Dendroica petechia), yellow-breasted chat (Icteria virens), burrowing
owl (Speotyto cunicularia), golden eagle (Aquila chrysaetos), pileated
woodpecker (Dryocopus pileatus), purple martin (Progne subis), Vaux's
swift (Chaetura vauxi), California red tree vole (Arborimus pomo),
Humboldt martin (Martes americana humboldtensis), Pacific fisher
(Martes pennanti pacificia), and the Pacific lamprey (Lampetra
tridentata). Information supporting inclusion of the Pacific lamprey on
the permit is limited. The National Marine Fisheries Service will
consider all information available at the close of the comment period
to determine whether permit coverage can be provided for the Pacific
lamprey.
The Services invite the public to comment on the proposed Habitat
Conservation Plan and the draft Implementing Agreement. Public Law 105-
83 specifies a deadline of March 1, 1999, for completion of the entire
process of purchasing the Headwaters. In order to meet that deadline,
the Services anticipate that they will not be able to extend the public
comment period.
Additional Addresses
Copies of the multi-volume plan and Implementing Agreement
containing over 1000 pages, or portions thereof, can be obtained at the
following copy centers for duplication and mailing charges: Sir Speedy,
601 North Market Boulevard, 350, Sacramento, California 95834, (916)
927-7171; Kinko's, 2021 Fifth Street, Eureka, California 95501, (707)
445-3334; Kinko's, Stanyan Street and Geary Boulevard, San Francisco,
California 94118, (415) 750-1193; and Kinko's, 835 Wilshire Boulevard,
Suite 100, Los Angeles, California 90017, (213) 892-1700. The
Implementation Agreement and major portions of the plan that could be
practicably reproduced electronically will be available at The
California Environmental Resources Evaluation System website at http://
www.ceres.ca.gov/ and through the Fish and Wildlife Service website at
http://www.r1.fws.gov/text/species.html. Copies of the Implementing
Agreement and those portions of the plan that can be electronically
reproduced will be available on compact disc which, along with paper
copies of a detailed summary, can be obtained by contacting the Fish
and Wildlife Service, 1125 16th Street, Room 209, Arcata, California
95521-5582, (707) 822-7201.
The documents are also available for review at the following
government offices and libraries.
Government Offices
California Department of Forestry and Fire Protection, Humboldt-Del
Norte Ranger Unit, 118 South Fortuna Boulevard, Fortuna, California
95540, (707) 725-4413; California Department of Forestry and Fire
Protection, Coast-Cascade Region Headquarters, 135 Ridgeway Avenue,
P.O. Box 670, Santa Rosa, California 95401, (707) 576-2959; California
Department of Forestry and Fire Protection, State Headquarters, 1416
Ninth Street, Room 1516-4A, Sacramento, California 95814, (916) 653-
5843; Fish and Wildlife Service, Coastal California Fish and Wildlife
Office, 1125 16th Street, Room 209, Arcata, California 95521-5582,
(707) 822-7201; Fish and Wildlife Service, Sacramento Fish and Wildlife
Office, 3310 El Camino Avenue, Suite 120, Sacramento, California 95821-
6310, (916) 979-2710; National Marine Fisheries Service, 777 Sonoma
Avenue, Room 325, Santa Rosa, California 95404-6515, (310) 980-4001;
and California Department of Fish and Game, 619 Second Street, Eureka,
California 95501, (707) 441-5672.
Libraries
Alameda Free Library, 2264 Santa Clara Avenue, Alameda, California
94501-4506, (510) 748-4669; Alameda County Library, 2450 Stevenson
Boulevard, Fremont, California 94538-2326, (510) 505-7001; Anaheim
Public Library, 500 W. Broadway, Anaheim, California 92805-3699, (714)
765-1810; Berkeley Public Library, 2090 Kittredge Street, Berkeley,
California 94704-1491, (510) 644-6100; California State Library,
Information and Reference Center, 914 Capitol Mall, Room 301,
Sacramento, California 95814, (916) 654-0261; Colusa County Free
Library, 738 Market Street, Colusa, California 95932-2398, (530) 458-
7671; Contra Costa County Library, 1750 Oak Park Boulevard, Pleasant
Hill, California 94523-4497, (510) 646-6423; Del Norte County Library
District, 190 Price Mall, Crescent City, California 95531-4395, (707)
464-9793; Humboldt County Library, 1313 Third Street, Eureka,
California 95501-1088, (707) 269-1900; Humboldt State University
Library, Humboldt State University, Arcata, California 95521, (707)
826-4939; Lake County Library, 1425 N. High Street,
[[Page 37902]]
Lakeport, California 95453-3800, (707) 263-8816; Long Beach Public
Library, 101 Pacific Avenue, Long Beach, California 90822-1097, (562)
570-6291; Los Angeles Public Library, 630 W. Fifth Street, Los Angeles,
California 90071-2097, (213) 228-7515; County of Los Angeles Public
Library, 7400 E. Imperial Highway, Downey, California 90242-7011, (562)
940-8462; Marin County Free Library, 3501 Civic Center Drive, San
Rafael, California 94903-4188, (415) 499-6051; Mendocino County
Library, 105 N. Main Street, Ukiah, California 95482-4482, (707) 463-
4491; Menlo Park Public Library, 800 Alma Street, Menlo Park,
California 94025-3460, (650) 858-3460; Mountain View Public Library,
585 Franklin Street, Mountain View, California 94041-1998, (650) 903-
6335; National City Public Library, 200 E. 12th Street, National City,
California 91950-3314, (619) 336-4280; Newport Beach Public Library,
1000 Avocado Avenue, Newport Beach, California 92660, (714) 717-3800;
Oakland Public Library, 125 14th Street, Oakland, California 94612-
4397, (510) 238-3633; Ontario City Library, 215 E. C Street, Ontario,
California 91764-4198, (909) 988-8481; Orange Public Library (under
renovation), El Modena Branch Library (alternative), 380 S. Hewes,
Orange, California 92869, (714) 288-2471; Orange County Public Library,
1501 E. St. Andrew Place, Santa Ana, California 92705, (714) 566-3000;
Oxnard Public Library, 251 South A Street, Oxnard, California 93030-
5750, (805) 385-7500; Palo Alto City Library, 1213 Newell Road, Palo
Alto, California 94303-2999, (650) 329-2516; Pasadena Public Library,
285 E. Walnut Street, Pasadena, California 91101-1598, (626) 744-4033;
Redwood City Public Library, 1044 Middlefield Road, Redwood City,
California 94063-1868, (650) 780-7061; Sacramento Public Library, 828 I
Street, Sacramento, California 95814-2589, (916) 264-2770; San Bruno
Public Library, 701 Angus Avenue W., San Bruno, California 94066-3490,
(650) 877-8878; San Francisco Public Library, 100 Larkin Street, San
Francisco, California 94102-4796, (415) 557-4400; San Jose Public
Library, 180 W. San Carlos Street, San Jose, California 95113-2096,
(408) 277-4822; San Mateo Public Library, 55 W. Third Avenue, San
Mateo, California 94402-1592, (650) 377-4685; San Mateo County Library,
25 Tower Road, San Mateo, California 94402-4000, (650) 312-5258; San
Rafael Public Library, 1100 E Street, San Rafael, California 94901-
1907, (415) 485-3323; Santa Barbara Public Library, 40 E. Anapamu
Street, Santa Barbara, California 93101, (805) 962-7653; Santa Clara
Public Library, 2635 Homestead Road, Santa Clara, California 95051-
5322, (408) 984-3236; Santa Clara County Library, 1095 N. Seventh
Street, San Jose, California 95112-4446, (408) 293-2326; Santa Cruz
Public Library, 224 Church Street, Santa Cruz, California 95060-3873,
(408) 429-3532; Santa Monica Public Library, 1343 Sixth Street, Santa
Monica, California 90401-1610, (310) 458-8608; Shasta County Library,
1855 Shasta Street, Redding, California 96001-0460, (530) 225-5769;
Siskiyou County Free Library, 719 Fourth Street, Yreka, California
96097-3381, (530) 842-8175; Sonoma County Library, Third and E Streets,
Santa Rosa, California 95404-4400, (707) 545-0831; South San Francisco
Public Library, 840 W. Orange Avenue, South San Francisco, California
94080-3124, (650) 829-3872; Tehama County Library, 645 Madison Street,
Red Bluff, California 96080-3383, (530) 527-0607; Trinity County Free
Library, 211 N. Main Street, Weaverville, California 96093-1226, (530)
623-1373; Ventura County Library Services, 800 S. Victoria Avenue,
Ventura, California 93009, (805) 662-6756; Central Library, 801 SW.
10th Avenue, Portland, Oregon 97205, (503) 248-5123; Houston Public
Library, 500 McKinney Street, Houston, Texas 77002, (713) 247-2222;
National Clearinghouse Library, 624 Ninth Street, NW, 600, Washington,
D.C. 20425, (202) 376-8110; and New York Public Library, 455 Fifth
Avenue, New York, New York 10016, (212) 340-0849.
Authority: 16 U.S.C. 1531-1544, and 4201-4245.
Dated: July 6, 1998.
Michael J. Spear,
Acting Regional Director, Fish and Wildlife Service, Region 1,
Portland, Oregon.
Dated: July 7, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 98-18845 Filed 7-13-98; 8:45 am]
BILLING CODE 3510-22-F