[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Notices]
[Pages 29146-29147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13999]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for a Permit To Authorize Incidental Take of the Threatened 
Northern Spotted Owl by Ribar Timberlands, Humboldt County, California

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that Ribar Timberlands of 
Humboldt County, California (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-
828760. The requested permit would authorize the incidental take of 
northern spotted owls (Strix occidentalis caurina) (owls) that may 
occur in or near the project area in Humboldt County, California, as a 
result of the Applicant's timber-management activities. A Habitat 
Conservation Plan, including an Implementing Agreement, was submitted 
as part of the application in accordance with section 10(a) of the Act. 
The Service specifically requests comments on the appropriateness of 
the ``No Surprises'' assurances contained in this application (see 
sections II.D.1 and III.K of the Implementing Agreement).
    The Service also announces the availability of an Environmental 
Assessment for the proposed issuance of the incidental take permit and 
approval of the Habitat Conservation Plan. 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 Act and National 
Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and Environmental 
Assessment should be received on or before June 30, 1997.

ADDRESSES: Comments regarding the application or Environmental 
Assessment should be addressed to Mr. Bruce Halstead, Project Leader, 
U.S. Fish and Wildlife Service, Coastal California Fish and Wildlife 
Office, 1125 16 Street, Room 209, Arcata, California 95521; (707) 822-
7201. Please refer to permit number PRT-828760 when submitting 
comments. Individuals wishing copies of the application package or 
Environmental Assessment for review should immediately contact the 
office listed above.

FOR FURTHER INFORMATION CONTACT: Mr. Ken Hoffman, U.S. Fish and 
Wildlife Service, at the above address; telephone (707) 822-7201.

SUPPLEMENTARY INFORMATION: Under section 9 of the Act and its 
implementing regulations, ``taking'' of threatened and endangered 
species is prohibited. However, the Service, 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 17.32 and 
17.22, respectively.
    The Applicant has requested that the Service issue an incidental 
take permit and approve the Habitat Conservation Plan, authorizing 
incidental take of owls that may result from their proposed timber 
harvest on the 1,384-acre project

[[Page 29147]]

area in Humboldt County, California. The Applicant's proposed timber 
harvest may result in the take owls, as defined in the Act and its 
implementing regulations. The term of the permit and Habitat 
Conservation Plan would be for 30 years.
    The Applicant proposes to mitigate for potential impacts from 
incidental take of owls by retaining at least one stand of viable owl 
nesting habitat at all times, conducting pre-harvest owl surveys, 
deferring any timber harvest which may displace an activity center 
until outside the breeding season, and maintaining at least 35% of the 
forested area of the property in a condition of suitable owl habitat at 
all times. To minimize impacts to owls, the Habitat Conservation Plan 
requires specified activities that could potentially result in take not 
be conducted within a 1000-foot radius of any occupied owl nest site. 
The retention of owl habitat, including at least one stand of viable 
nesting habitat would ensure the availability of owl habitat in the 
future.
    The Environmental Assessment considers the environmental 
consequences of three alternatives, including a no-action alternative. 
The proposed action alternative is the issuance of the permit under 
section 10(a) of the Act which would authorize incidental take of the 
owl. The proposed action would require the Applicant to implement their 
Habitat Conservation Plan. Under the no-action alternative, the permit 
would not be issued, the Habitat Conservation Plan would not be 
implemented, and the Applicant would avoid the take of owls. A third 
alternative is briefly considered which would defer all harvests in 
perpetuity with the intent of maximizing the number of spotted owls 
nesting on the property.

Authority: 16 U.S.C. 1531-1544, and 4201-4245.

    Dated: May 21, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-13999 Filed 5-28-97; 8:45 am]
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