[Federal Register Volume 84, Number 37 (Monday, February 25, 2019)]
[Notices]
[Pages 6017-6018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03194]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N066; FXES11140800000-189-FF08EACT00]


Safe Harbor Agreements for the Northern Spotted Owl for Eden 
Property and RPH Comptche Properties, Mendocino County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: This notice advises the public that Jennifer and Jonathan Eden 
and

[[Page 6018]]

RPH Comptche Property LLC (two separate applicants) have each applied 
to the U.S. Fish and Wildlife Service (Service) for an enhancement of 
survival (EOS) permit under the Endangered Species Act. If granted, 
either or both EOS permits would be in effect for a 40-year period in 
Mendocino County, California, and would authorize take of the northern 
spotted owl that is likely to occur incidental to managing the timber 
on their properties under periodic (approximately 10-year harvest 
intervals) uneven-aged forestry management practices of single-tree and 
group selection. The documents available for review and comment are the 
applicants' safe harbor agreements and our draft environmental action 
statements and low-effect screening forms, which support categorical 
exclusions under the National Environmental Policy Act. We invite 
comments from the public and Federal, Tribal, State, and local 
governments.

DATES: Submitting Comments: To ensure consideration, we must receive 
written comments by 5 p.m. on March 27, 2019.

ADDRESSES: Obtaining Documents: For either or both of the applicants, 
you may obtain the applicants' safe harbor agreements and our draft 
environmental action statements and low-effect screening forms by one 
of the following methods.
     U.S. Mail: U.S. Fish and Wildlife Service, 1655 Heindon 
Road, Arcata, CA 95521;
     In Person: You may visit our Arcata office (address 
above). To make an appointment, contact the office by telephone at 707-
822-7201.
    Submitting Comments: You may submit written comments by any one of 
the following methods.
     U.S. Mail or Hand-Delivery: Dan Everson, Field Supervisor, 
at our Arcata office (address above).
     Electronic mail: [email protected]; in email 
subject line, please indicate which safe harbor agreement on which you 
are commenting.
     Fax: 707-822-8411.

FOR FURTHER INFORMATION CONTACT: Mr. Bill McIver, at our Arcata office 
(address above), or by telephone at 707-822-7201. If you use a 
telecommunications device, please call the Federal Relay Service at 
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    Under safe harbor agreements (SHAs), participating landowners 
voluntarily undertake management activities on their properties to 
enhance, restore, or maintain habitat benefiting species listed under 
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). SHAs, and the subsequent enhancement of survival (EOS) permits 
that are issued pursuant to section 10(a)(1)(A) of the ESA, encourage 
private and other non-Federal property owners to implement conservation 
efforts for listed species, by assuring property owners that they will 
not be subject to increased land use restriction as a result of efforts 
to attract or increase the numbers or distribution of a listed species 
on their property. Application requirements and issuance criteria for 
EOS permits through SHAs are found in title 50 of the Code of Federal 
Regulations at 50 CFR 17.22(c) and 17.32(c).

Applications

Eden Safe Harbor Agreement

    We have worked with the Edens to develop an SHA for the creation 
and enhancement of habitat for the northern spotted owl on two parcels 
comprising the 242-acre Eden property, Mendocino County, California. 
The term of the proposed SHA is 40 years. Currently the property 
supports 143 acres of northern spotted owl nesting/roosting habitat and 
one northern spotted owl activity center. We anticipate that, under the 
northern spotted owl habitat creation and enhancement timber management 
regime proposed in the SHA, approximately 185 acres of nesting/roosting 
habitat and potentially up to two northern spotted owl activity centers 
could exist on the property at the end of 40 years.

RPH Comptche Properties LLC Safe Harbor Agreement

    We have worked with the applicant to develop an SHA for the 
creation and enhancement of habitat for the northern spotted owl on the 
120-acre RPH Comptche Properties (formerly, Herr et al. Ranch), 
Mendocino County, California. The term of the proposed SHA is 40 years. 
Currently the property supports 108 acres of northern spotted owl 
nesting/roosting habitat, 12 acres of grassland, and one northern 
spotted owl activity center. We anticipate that, under the northern 
spotted owl habitat creation and enhancement timber management regime 
proposed in the SHA, approximately 108 acres of nesting/roosting 
habitat and potentially as many as two northern spotted owl activity 
centers could exist on the property at the end of 40 years.
    For both the Eden SHA and the RPH Comptche Properties LLC SHA, if 
more than one northern spotted owl activity center become established 
on the property, take of northern spotted owls associated with the 
effects of timber harvest on such additional northern spotted owl 
activity centers would be authorized under the incidental take permit 
during the 40-year permit term. At the end of the 40-year SHA and 
permit term, no further take of northern spotted owls would be allowed 
unless the SHA and incidental take permit are renewed or extended. The 
development and maintenance of high-quality functional habitat 
employing uneven-aged timber management practices in a matrix of 
private timberland subject to even-aged management regimes will provide 
a relatively stable habitat condition that we believe will provide high 
productivity for multiple generations of northern spotted owls. 
Therefore, the cumulative impact of the SHA and the activities it 
covers, which are facilitated by the allowable incidental take, are 
expected to provide a net conservation benefit to the northern spotted 
owl.

Public Availability of Comments

    Written comments we receive become part of the administrative 
record associated with this action. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can request in your comment that we 
withhold your personal identifying information from public review, we 
cannot guarantee that we will be able to do so. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public disclosure in their 
entirety.

    Authority: We provide this notice under section 10(c) of the ESA 
and its implementing regulations (50 CFR 17.22 and 17.32) and the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its 
implementing regulations for the Department of the Interior (43 CFR 
part 46).

Daniel Everson,
Field Supervisor, Arcata Fish and Wildlife Office, Arcata, California.
[FR Doc. 2019-03194 Filed 2-22-19; 8:45 am]
BILLING CODE 4333-15-P