[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70145-70147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28489]



[[Page 70145]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

RIN 0648-XC275


Notice of Availability of a Draft Environmental Impact Statement/
Program Timberland Environmental Impact Report Associated With an 
Application for an Incidental Take Permit for Mendocino Redwood 
Company's Habitat Conservation Plan and Natural Community Conservation 
Plan, Mendocino County, CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service 
(USFWS), Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: This notice announces the availability of the draft Mendocino 
Redwood Company Habitat Conservation Plan and Natural Community 
Conservation Plan (Proposed Plan), draft Implementing Agreement, and 
draft Environmental Impact Statement/Program Timberland Environmental 
Impact Report (EIS/PTEIR) for public review and comment. In response to 
receipt of an application from The Mendocino Redwood Company (MRC; 
Applicant), the National Marine Fisheries Service and the U.S. Fish and 
Wildlife Service (Services) are considering the proposed action of 
issuing an 80-year incidental take permit for nine federally listed 
species and two currently unlisted species. The proposed permit would 
authorize take of individual members of species listed under section 10 
of the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531-1544, 87 
Stat. 884), as amended. The permit is needed because take of species 
could occur during timber harvest, forest management, and related 
activities within the 213,244-acre Proposed Plan Area in western 
Mendocino County, CA.

DATES: Two public meetings will be held: Tuesday, December 11, 2012, 
from 7 p.m. to 9 p.m. (Ukiah, California), and Wednesday, December 12, 
2012, from 7 p.m. to 9 p.m. (Fort Bragg, California). Written comments 
should be received on or before February 21, 2013.

ADDRESSES: The public meetings will be held at: Redwood Empire Fair 
Fine Arts Building, 1055 North State Street, Ukiah, CA 95482; and at 
C.V. Starr Center, 300 S. Lincoln St., Fort Bragg, CA 95437. Send 
comments by mail or facsimile to: (1) Eric Shott, National Marine 
Fisheries Service, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404, 
facsimile (707) 578-3435; or (2) John Hunter, Fish and Wildlife 
Biologist, Fish and Wildlife Service, Arcata Fish and Wildlife Office, 
1655 Heindon Road, Arcata, California 95521, facsimile (707) 822-8411. 
Send comments by email to [email protected]. Copies of all email 
comments will be routed to the U.S. Fish and Wildlife Service.

FOR FURTHER INFORMATION CONTACT: Eric Shott, National Marine Fisheries 
Service (see ADDRESSES, above, or at 707-575-6089), or John Hunter, 
U.S. Fish and Wildlife Service (see ADDRESSES, above, or at 707-822-
7201).

SUPPLEMENTARY INFORMATION: 

Availability of Documents

    Copies of the draft Proposed Plan, draft Implementing Agreement and 
draft EIS/PTEIR are available for public review during regular business 
hours from 9 a.m. to 5 p.m. at the National Marine Fisheries Service 
(see FOR FURTHER INFORMATION CONTACT); the U.S. Fish and Wildlife 
Service, Arcata Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT); Mendocino County Library, Fort Bragg Branch Library, 499 
Laurel Street, Fort Bragg, CA 95437; and Mendocino County Library, Main 
Branch Library, 105 North Main Street, Ukiah, CA 95482. Individuals 
wishing to obtain copies of the draft Proposed Plan, draft Implementing 
Agreement, and draft EIS/PTEIR should contact either of the Services by 
telephone (see FOR FURTHER INFORMATION CONTACT) or by letter (see 
ADDRESSES). These documents also are available on the NMFS' Southwest 
Region Web site at http://swr.nmfs.noaa.gov/nepa.htm and the Arcata 
Fish and Wildlife Office Web site at http://www.fws.gov/arcata/.

Public Involvement

    The initial Notice of Intent to prepare an draft EIS/EIR for this 
project was published in the Federal Register on June 6, 2002 (67 FR 
38932), and public scoping meetings were held on June 25, June 26, and 
June 27, 2002.

Background Information

    Section 9 of the Endangered Species Act of 1973, as amended (ESA; 
16 U.S.C. 1531 et seq.), and Federal regulations prohibit the take of 
fish and wildlife species listed as endangered or threatened by either 
of the Services (16 U.S.C. 1538). The ESA defines the term ``take'' as 
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or to attempt to engage in any such conduct (16 U.S.C. 1532). 
Harm includes significant habitat modification or degradation that 
actually kills or injures listed wildlife by significantly impairing 
essential behavioral patterns, including breeding, feeding, and 
sheltering [50 CFR 17.3(c)]. Pursuant to section 10(a)(1)(B) of the 
ESA, the Services may issue permits to authorize incidental take of 
listed fish or wildlife; i.e., take that is incidental to, and not the 
purpose of, otherwise lawful activity. Regulations governing incidental 
take permits for threatened and endangered species are found in 50 CFR 
17.32 and 17.22, respectively.
    Although take of listed plant species is not prohibited under the 
ESA, and therefore cannot be authorized under an incidental take 
permit, plant species may be included on a permit in recognition of the 
conservation benefits provided to them under a Habitat Conservation 
Plan (HCP). All species included on an incidental take permit would 
receive assurances under the Services ``No Surprises'' regulation 50 
CFR 17.22(b)(5) and 17.32(b)(5).
    The application for an incidental take permit was prepared and 
submitted by Mendocino Redwood Company (Applicant). The Applicant has 
prepared an HCP to satisfy the application requirements for a section 
10(a)(1)(B) permit under the ESA, a section 2835 permit under the 
California Natural Community Conservation Planning Act of 2002 (NCCPA), 
and for compliance with California Code of Regulations 14 Sec. Sec.  
916.9(w)(3)-(4), 919.9(d), 919.11, and 1092.21(d) under the California 
Forest Practice Rules (FPRs). Thus, the Proposed Plan constitutes an 
HCP pursuant to the ESA, and a Natural Community Conservation Plan 
pursuant to the California NCCPA.
    The Applicant seeks an 80-year incidental take permit for covered 
activities within a proposed 213,244 acre Plan Area located entirely in 
Mendocino County, California. The Proposed Plan Area includes 
commercial timberlands owned by Mendocino Redwood Company that are 
located west of U.S. Route 101, and includes portions of the Albion, 
Big, Garcia, South Fork Eel, Navarro, Noyo, and upper Russian River 
river watersheds, as well as portions of Cottaneva, Howard, Hardy, 
Juan, Alder, Elk, Greenwood, and Mallo Pass creek watersheds.
    The Applicant has requested permits that will authorize take of 
nine animals listed as threatened or endangered under the ESA and two 
species that are

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not currently listed under the Act. The following five listed species 
are proposed for coverage under the NMFS permit: Coho salmon (Southern 
Oregon/Northern California Coast Evolutionary Significant Unit [ESU]) 
(Oncorhynchus kisutch); coho salmon (Central California Coast ESU) (O. 
kisutch); Chinook salmon (California Coastal ESU) (O. tshawytscha); 
steelhead (Northern California Distinct Population Segment [DPS]) (O. 
mykiss); and steelhead (Central California Coast DPS) (O. mykiss). The 
following four listed species are proposed for coverage under the USFWS 
permit: California red-legged frog (Rana draytonii); northern spotted 
owl (Strix occidentalis caurina); marbled murrelet (Brachyramphus 
marmoratus); and Point Arena mountain beaver (Aplodontia rufa nigra). 
The proposed USFWS permit would also cover two animal species that are 
not currently listed under the ESA: Northern red-legged frog (R. 
aurora); and coastal tailed frog (Ascaphus truei).
    If the Proposed Plan is approved and the permits are issued, take 
authorization of covered listed species would be effective at the time 
of permit issuance. Take of the currently nonlisted covered species 
would be authorized concurrent with the species' listing under the ESA, 
should they be listed during the permit period. The Proposed Plan is 
intended to be a comprehensive document, providing for species 
conservation and habitat planning, while allowing the Applicant to 
better manage ongoing forestry operations. The Proposed Plan also is 
intended to provide a coordinated process for permitting and mitigating 
the take of covered species as an alternative to the current project-
by-project approach.
    In order to comply with the requirements of the ESA, California 
Endangered Species Act, the California Natural Community Conservation 
Act (NCCPA), and the California Forest Practice Rules (FPRs), the 
Proposed Plan addresses a number of required elements, including: 
Species and habitat goals and objectives; evaluation of the effects of 
covered activities on covered species, including indirect and 
cumulative effects; a conservation strategy; a monitoring and adaptive 
management program; descriptions of changed circumstances and remedial 
measures; identification of funding sources; and an assessment of 
alternatives to take of listed species.
    Proposed covered activities within the Proposed Plan are all 
related to forestry operations and include timber felling, 
transportation, road and landing construction, maintenance, development 
and operation of rock pits and water drafting sites, site preparation, 
tree planting, thinning and other silvicultural activities, prescribed 
burning, habitat restoration and improvement, and monitoring and 
research in the Proposed Plan Area.
    The Proposed Plan's conservation strategy was designed to maintain 
or improve habitat conditions for listed and nonlisted covered species. 
The Proposed Plan includes minimization measures, such as disturbance 
buffers and sediment control measures that would avoid or minimize take 
of covered species from ongoing operations. The Proposed Plan also 
includes mitigation for take of covered species, including maintenance 
and enhancement of riparian areas, wetland areas, hardwood stands, and 
late successional coniferous forest stands. A 1,237-acre Lower Alder 
Creek Management area also would be established at the outset of the 
Proposed Plan. The only forest management that would be permitted 
within this management area would enhance habitat conditions for the 
marbled murrelet in order to offset any loss of any occupied marbled 
murrelet habitat that occurs elsewhere in the proposed Plan Area during 
the permit term. Habitat protected under the Proposed Plan would be 
monitored, and annual reports documenting the status of the species and 
compliance with the Proposed Plan would be submitted to the Services.

National Environmental Policy Act Compliance

    Proposed permit issuance triggers the need for compliance with the 
National Environmental Policy Act (NEPA) and the California 
Environmental Quality Act (CEQA). Accordingly, a joint NEPA/CEQA 
document has been prepared. As co-lead Federal agencies, the Services 
have responsibility for compliance under NEPA and are providing notice 
of the availability of the draft EIS/PTEIR, which evaluates the impacts 
of proposed issuance of the permit and implementation of the Proposed 
Plan, as well as a reasonable range of alternatives.
    The draft EIS/PTEIR analyzes five alternatives, including the 
Proposed Plan, described above. The five alternatives being considered 
by the Services are the following:
    Proposed Plan Alternative: Under this alternative, the Proposed 
Plan as described above would be adopted. The Applicant would receive 
an 80-year incidental take permit for 11 species under Section 
10(a)(1)(B) of the ESA and Section 2835 of the NCCPA.
    No Action Alternative: Under this alternative, the Proposed Plan 
would not be adopted, and permits pursuant to Section 10(a)(1)(B) of 
the ESA and Section 2835 of the NCCPA would not be issued by the 
Services and California Department of Fish and Game, respectively. The 
Applicant would operate under existing California Forest Practice Rules 
and seek compliance with Federal and California ESAs on a case-by-case 
basis.
    Alternative A: Under this enhanced HCP alternative, the permit term 
and species covered would be the same as under the Proposed Plan, but 
there would be additional measures to enhance conservation of key 
aquatic and terrestrial habitats. Additional measures would include 
some larger protective streamside buffers and higher tree retention 
standards.
    Alternative B: Under this terrestrial reserves alternative, the 
permit term would be the same as under the Proposed Plan, but only two 
terrestrial species (northern spotted owl and marbled murrelet) would 
be covered, and the minimization and mitigation for the take of covered 
species would be largely achieved via a system of species-specific no-
harvest reserves. Unlike the other alternatives, non-reserve lands 
would be managed in a manner that emphasizes even-aged management of 
timber stands. Under this alternative, the California permit issued 
would not be under the NCCPA, but rather under Section 2080.1 or 2081 
of the California Fish and Game Code.
    Alternative C: Under this alternative, the Federal and California 
permits would be issued for only 40 years, during which time lands 
would be managed as under the Proposed Plan. After 40 years, land would 
be managed as under the No Action Alternative. Point Arena mountain 
beaver, northern red-legged frog, and coastal tailed frog would not be 
included as covered species on the take permits. Under this 
alternative, the California permit issued would not be under the NCCPA, 
but rather under Section 2080.1 or 2081 of the California Fish and Game 
Code.

Public Comments

    The Services invite the public to comment on the draft Proposed 
Plan, draft implementing agreement, and draft EIS/PTEIR during a 90-day 
public comment period beginning on the date of this notice. All 
comments received, including names and addresses, will become part of 
the administrative record and may be made available to the public.

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    Comments submitted in an email will be accepted provided they do 
not exceed 6 megabytes in size and are virus free. Hypertext email 
links to other Web pages or publications shall not be deemed the 
equivalent of written comment.
    The Services will evaluate the applications, associated documents, 
and comments submitted to them to prepare a final EIS/PTEIR. A permit 
decision will be made no sooner than 30 days after the publication of 
the final EIS/PTEIR.
    This notice is provided pursuant to section 10(a) of the ESA and 
Service regulations for implementing NEPA, as amended (40 CFR 1506.6). 
We provide this notice in order to allow the public, agencies, or other 
organizations to review and comment on these documents.

    Dated: November 19, 2012.
Alexander Pitts,
Deputy Regional Director, Pacific Southwest Region, USFWS.
    Dated: November 19, 2012.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2012-28489 Filed 11-21-12; 8:45 am]
BILLING CODE 3510-22-P; 4310-55-P