98-18845. 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 ...

[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Notices]
[Pages 37900-37902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18845]



[[Page 37900]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 [phone]. 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, [phone], or Mr. Craig Wingert, National Marine 
Fisheries Service, [phone].



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, [phone]; and Kinko's, 835 Wilshire Boulevard, 
Suite 100, Los Angeles, California 90017, [phone]. 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, [phone].
    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, [phone]; California Department of Forestry and Fire 
Protection, Coast-Cascade Region Headquarters, 135 Ridgeway Avenue, 
P.O. Box 670, Santa Rosa, California 95401, [phone]; 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, 
[phone]; Fish and Wildlife Service, Sacramento Fish and Wildlife 
Office, 3310 El Camino Avenue, Suite 120, Sacramento, California 95821-
6310, [phone]; National Marine Fisheries Service, 777 Sonoma 
Avenue, Room 325, Santa Rosa, California 95404-6515, [phone]; 
and California Department of Fish and Game, 619 Second Street, Eureka, 
California 95501, [phone].

Libraries

    Alameda Free Library, 2264 Santa Clara Avenue, Alameda, California 
94501-4506, [phone]; Alameda County Library, 2450 Stevenson 
Boulevard, Fremont, California 94538-2326, [phone]; Anaheim 
Public Library, 500 W. Broadway, Anaheim, California 92805-3699, (714) 
765-1810; Berkeley Public Library, 2090 Kittredge Street, Berkeley, 
California 94704-1491, [phone]; California State Library, 
Information and Reference Center, 914 Capitol Mall, Room 301, 
Sacramento, California 95814, [phone]; 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, [phone]; 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, [phone]; 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, [phone]; 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, [phone]; 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, [phone]; 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, [phone]; 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, [phone]; Newport Beach Public Library, 
1000 Avocado Avenue, Newport Beach, California 92660, [phone]; 
Oakland Public Library, 125 14th Street, Oakland, California 94612-
4397, [phone]; Ontario City Library, 215 E. C Street, Ontario, 
California 91764-4198, [phone]; Orange Public Library (under 
renovation), El Modena Branch Library (alternative), 380 S. Hewes, 
Orange, California 92869, [phone]; Orange County Public Library, 
1501 E. St. Andrew Place, Santa Ana, California 92705, [phone]; 
Oxnard Public Library, 251 South A Street, Oxnard, California 93030-
5750, [phone]; Palo Alto City Library, 1213 Newell Road, Palo 
Alto, California 94303-2999, [phone]; Pasadena Public Library, 
285 E. Walnut Street, Pasadena, California 91101-1598, [phone]; 
Redwood City Public Library, 1044 Middlefield Road, Redwood City, 
California 94063-1868, [phone]; Sacramento Public Library, 828 I 
Street, Sacramento, California 95814-2589, [phone]; San Bruno 
Public Library, 701 Angus Avenue W., San Bruno, California 94066-3490, 
[phone]; San Francisco Public Library, 100 Larkin Street, San 
Francisco, California 94102-4796, [phone]; San Jose Public 
Library, 180 W. San Carlos Street, San Jose, California 95113-2096, 
[phone]; San Mateo Public Library, 55 W. Third Avenue, San 
Mateo, California 94402-1592, [phone]; San Mateo County Library, 
25 Tower Road, San Mateo, California 94402-4000, [phone]; San 
Rafael Public Library, 1100 E Street, San Rafael, California 94901-
1907, [phone]; Santa Barbara Public Library, 40 E. Anapamu 
Street, Santa Barbara, California 93101, [phone]; Santa Clara 
Public Library, 2635 Homestead Road, Santa Clara, California 95051-
5322, [phone]; Santa Clara County Library, 1095 N. Seventh 
Street, San Jose, California 95112-4446, [phone]; Santa Cruz 
Public Library, 224 Church Street, Santa Cruz, California 95060-3873, 
[phone]; Santa Monica Public Library, 1343 Sixth Street, Santa 
Monica, California 90401-1610, [phone]; Shasta County Library, 
1855 Shasta Street, Redding, California 96001-0460, [phone]; 
Siskiyou County Free Library, 719 Fourth Street, Yreka, California 
96097-3381, [phone]; Sonoma County Library, Third and E Streets, 
Santa Rosa, California 95404-4400, [phone]; South San Francisco 
Public Library, 840 W. Orange Avenue, South San Francisco, California 
94080-3124, [phone]; Tehama County Library, 645 Madison Street, 
Red Bluff, California 96080-3383, [phone]; 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, [phone]; Central Library, 801 SW. 
10th Avenue, Portland, Oregon 97205, [phone]; Houston Public 
Library, 500 McKinney Street, Houston, Texas 77002, [phone]; 
National Clearinghouse Library, 624 Ninth Street, NW, 600, Washington, 
D.C. 20425, [phone]; and New York Public Library, 455 Fifth 
Avenue, New York, New York 10016, [phone].

    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