[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Notices]
[Pages 36432-36433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17424]



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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for Threatened and Endangered 
Species and an Agreement for Several Unlisted Species by the Regli 
Estate, Humboldt County, California

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of document availability; request for comments.

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SUMMARY: This notice advises the public that the Regli Estate 
(Applicant) has applied to the U.S. Fish and Wildlife Service (Service) 
for an incidental take permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act). The application has 
been assigned permit number PRT-803749. The proposed permit would 
authorize the incidental take of the threatened northern spotted owl 
(Strix occidentalis caurina, owl) and marbled murrelet (Brachyramphus 
marmoratus, murrelet), and the endangered bald eagle (Haliaeetus 
leucocephalus) and American peregrine falcon (Falco peregrinus anatum, 
falcon) during proposed timber harvest activities, in accordance with 
the Applicant's Habitat Conservation Plan (HCP). The Applicant also has 
requested to enter into an Implementing Agreement (IA) with the Service 
to conserve eight currently unlisted species. The IA contains 
provisions for amending the proposed permit to include these currently 
unlisted species should they subsequently become listed under the Act.
    The Service also announces the availability of an Environmental 
Assessment (EA) for the proposed issuance of the incidental take permit 
and approval of the HCP and IA. All comments received, including names 
and addresses, will become part of the official administrative record 
and may be made available to the public. This notice is provided 
pursuant to section 10(c) of the Act and National Environmental Policy 
Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before August 16, 1995.

ADDRESSES: Comments regarding the application or adequacy of the EA 
should be addressed to Mr. Joel Medlin, Field Supervisor, U.S. Fish and 
Wildlife Service, Sacramento Field Office, 2800 Cottage Way, Room E-
1823, Sacramento, California 95825. Individuals wishing copies of the 
application or EA for review should immediately contact the above 
office (916-979-2725). Please refer to permit number PRT-803749 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Horton, at the office 
listed above.
SUPPLEMENTARY INFORMATION:

Background

    Under section 9 of the Act, and its implementing regulations, the 
``taking'' of species listed as threatened or endangered is prohibited. 
However, the Service, under limited circumstances, may issue permits to 
take listed wildlife species if such taking is incidental to, and not 
the purpose of, otherwise lawful activities. Regulations governing 
permits are promulgated at 50 CFR 17.32 for threatened species, and 50 
CFR 17.22 for endangered species.
    The Applicant is proposing to harvest approximately 113 acres of 
timber from their 480-acre ownership in Humboldt County, California. 
The harvest areas contain second-growth white fir (Aibes concolor), 
Sitka spruce (Picea sitchensis) and redwood (Sequoia sempervirens), 
approximately 40 years old, with a component of coastal hardwoods. The 
proposed timber harvest would remove suitable owl habitat and is likely 
to result in the take, as defined in the Act and its implementing 
regulations. Although the Applicant has applied for a permit to 
authorize incidental take of murrelets, bald eagles, and falcons, 
suitable habitat for these species does not occur on the property, and 
take is unlikely. The Applicant has requested an IA with the Service to 
cover other species that are not currently listed, but are addressed by 
the HCP. These species include: northern goshawk (Accipiter gentilis), 
Pacific fisher (Martes pennanti pacifica), marten (Martes americana), 
California red tree vole (Arborimus pomo), northern red-legged frog 
(Rana aurora aurora), tailed frog (Ascaphus truei), Del Norte 
salamander (Plethodon elongatus), and torrent salamander (Rhyacotriton 
variegatus). Effects of the proposed action on these currently unlisted 
species are analyzed in the HCP and EA. The permit and HCP would be in 
effect for 20 years. The application includes the HCP and IA.
    The proposed harvest may result in take of one pair of owls due to 
removal of suitable owl nesting and roosting habitat. Under the HCP, 
impacts would 

[[Page 36433]]
be mitigated by implementing selective harvest techniques that would 
maintain owl foraging habitat in all harvested areas, protecting an 80-
acre core nesting area for one of the two owl pairs known to exist in 
the HCP area, and planting conifer species on approximately 80 acres of 
currently unforested habitat within the HCP area which would result in 
a net increase in forested habitat over time. In addition, take of owls 
would be minimized using seasonal protection measures specified in the 
HCP.
    The EA considers the environmental consequences of five 
alternatives, including the proposed action and no action alternatives. 
The Proposed Action alternative is issuance of the permit for the 
listed species and approval of the IA for the currently unlisted 
species. The No Action alternative would result in no immediate timber 
harvest. The ``No-take'' Harvest alternative would limit harvest to a 
level that would not take owls. The Delayed Operations alternative 
considered the delay of harvest activities until the State of 
California completes its California Board of Forestry Conservation 
Plan. The Maximum Timber Harvest alternative involves the 
implementation of clear-cutting activities in a manner that would not 
maintain either of the two owl territories on the property.

    Dated: July 7, 1995.
Thomas J. Dwyer,
Deputy Regional Director, Region 1 Portland, Oregon.
(Notice: Availability of an Environmental Assessment and Receipt of 
an Application for a Permit Under Section 10(a)(1)(B) of the 
Endangered Species Act.)

[FR Doc. 95-17424 Filed 7-14-95; 8:45 am]
BILLING CODE 4310-55-P