[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Pages 40015-40016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17837]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N079; FF08ESMF00-FXES11120800000-178]


Proposed Habitat Conservation Plan for Sierra Pacific Industries 
Forest Practices in the Klamath, Cascade, and Sierra Nevada Mountains, 
CA; Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent and request for comments; notice of scoping 
meeting.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as amended, we, the U.S. Fish and Wildlife Service, are advising 
the public that we intend to prepare an environmental impact statement 
(EIS) on a proposed Endangered Species Act incidental take permit (ITP) 
application from Sierra Pacific Industries (SPI) for the federally 
threatened Northern spotted owl and the California spotted owl. The 
California spotted owl was recently petitioned for listing under the 
ESA. The activities to be covered would include timber harvest and 
timber management SPI conducts on its lands in the State of California. 
We are also announcing the initiation of a 30-day public scoping 
process to engage Federal, Tribal, State, and local governments; 
special interest groups; and the public in the identification of issues 
and concerns, potential impacts, and possible alternatives to the 
Service's Proposed Action.

DATES: 
    Submitting Comments: We will consider all comments on the scope of 
the environmental impact statement (EIS) analysis that are received or 
postmarked by September 22, 2017. Comments received or postmarked after 
this date will be considered to the extent practicable.
    Meetings: We will conduct two public scoping meetings. The scoping 
meetings will provide the public an opportunity to ask questions, 
discuss issues with the Service regarding the EIS, and provide written 
comments.
    <bullet> September 13, 2017--Hilltop Holiday Inn--Buckskin Room, 
1900 Hilltop Drive, Redding, California, 5:30 to 7:30 p.m.
    <bullet> September 14, 2017--Bonderson Building--Hearing Room, 901 
P Street, Sacramento, California, 1:30 to 3:30 p.m.
    Online Webinar: In addition, the Service will host a webinar on 
September 14, 2017, from 5:30 to 7:30 p.m. Pacific Standard Time. For 
information on how to participate, go to https://attendee.gotowebinar.com/register/6193715410282440961.
    Pre-registration is required.

ADDRESSES: Additional information on the Service's proposed action is 
provided on the Internet at www.fws.gov/sacramento.
    Send written comments to the Field Supervisor, via one of the 
following methods:
    <bullet> U.S. mail or hand-delivery: U.S. Fish and Wildlife 
Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Suite 
2605, Sacramento, CA 95825; or
    <bullet> Fax: 916-414-6713.

FOR FURTHER INFORMATION CONTACT: Kim Turner, at 916-414-6606 
(telephone) or <a href="/cdn-cgi/l/email-protection#90dbf9fdcfc3cfc4e5e2fef5e2d0f6e7e3bef7ffe6"><span class="__cf_email__" data-cfemail="2d664440727e7279585f43485f6d4b5a5e034a425b">[email protected]</span></a> (email). If you use a 
telecommunications device for the deaf, please call the Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: Pursuant to the National Environmental 
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), we, the 
U.S. Fish and Wildlife Service (Service), are advising the public that 
we intend to prepare an environmental impact statement (EIS) on a 
proposed Endangered Species Act (16 U.S.C. 1531 et seq.; ESA) 
incidental take permit (ITP) application from Sierra Pacific Industries 
(SPI). SPI's application would be for incidental take of the federally 
threatened Northern spotted owl (Strix occidentalis caurina) and the 
non-ESA listed California spotted owl (Strix occidentalis 
occidentalis). We intend to prepare an EIS to evaluate impacts 
associated with alternatives related to the potential issuance of an 
ITP to SPI. We are also announcing the initiation of a 30-day public 
scoping process, the purpose of which is to engage Federal, Tribal, 
State, and local governments; special interest groups; and the public 
in the identification of issues and concerns, potential impacts, and 
possible alternatives to the Service's Proposed Action.
    SPI owns and conducts forest practices on 1.6 million acres in the 
State of California. SPI is preparing a habitat conservation plan (HCP) 
in support of its ITP application under section 10(a)(1)(B) of the ESA, 
16 U.S.C. 1539(a)(1)(B), to cover SPI's operations. The SPI HCP will be 
developed in accordance with section 10(a)(2)(A) of the ESA and 50 CFR 
17.22(b)(1), 17.32(b)(1). SPI may elect to prepare a candidate 
conservation agreement with assurances (CCAA) for the California 
spotted owl, instead of including it in the HCP with the Northern 
spotted owl. If SPI pursues that direction, the CCAA will be developed 
in accordance with section 10(a)(2)(A) of the ESA and 50 CFR 
17.22(d)(1), 17.32(d)(1). The activities to be covered under the SPI 
HCP and CCAA (if the latter is also prepared) include timber harvest 
and timber management in the State of California where ESA incidental 
take authorization may be needed.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538, 16 U.S.C. 
1533). The ESA implementing regulations extend, under certain 
circumstances, the prohibition of take to threatened species (50 CFR 
17.31). Under section 3 of the ESA, to ``take'' means to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt 
to engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm'' 
is defined by regulation as an act which actually kills or injures 
wildlife. Such act may include significant habitat modification or 
degradation where it actually kills or injures wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is 
defined in the regulations as an intentional or negligent act or 
omission which creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns which include, but are not limited to, breeding, feeding, or 
sheltering (50 CFR 17.3).
    Under section 10 of the ESA, the Service may issue permits to 
authorize incidental take of federally listed fish and wildlife 
species. ``Incidental take'' is defined by the ESA as ``take that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity.'' To obtain an ITP from the Service, an applicant must submit 
an HCP to the Service that specifies (1) the impact which will likely 
result from the taking; (2) what steps the applicant will take to 
minimize and mitigate the impacts, and the funding that will be 
available to implement such steps; (3) what alternative actions to the 
taking the applicant considered and the reasons why the alternatives 
are not being utilized; and (4) other measures that the Service may 
require as being necessary or appropriate for purposes of the HCP. If 
we find, after opportunity for public comment, with respect to the 
permit application and the related HCP that (1) the taking will be 
incidental; (2) the applicant will, to the maximum extent practicable, 
minimize and mitigate the impacts of such taking; (3) the applicant 
will ensure that adequate

[[Page 40016]]

funding for the HCP will be provided; (4) the taking will not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild; and (5) the measures, if any, required by the 
Service will be met, and we have received assurances that the plan will 
be implemented, the Service will issue SPI its requested permit. 
Regulations governing permits for endangered and threatened species are 
at 50 CFR 17.22 and 17.32.

Proposed Sierra Pacific Industries Habitat Conservation Plan

    The SPI HCP will encompass land within the State of California 
where SPI timber management operations occur. SPI currently manages 
about 1.6 million acres of timber land in the State of California. 
Activities to be covered by the proposed HCP include those necessary to 
manage and harvest timber land within the State of California. Covered 
activities also include development and management of mitigation 
measures and monitoring.
    The SPI HCP will cover the federally listed Northern spotted owl 
and the unlisted California spotted owl. Both species are subject to 
injury or mortality during timber harvest operations and management 
activities.
    Alternatively, the California Spotted owl will potentially be 
covered by a SPI CCAA, and the Northern spotted owl will be covered 
under the SPI HCP.

Environmental Impact Statement

    NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies 
conduct an environmental analysis of their proposed actions to 
determine if the actions may significantly affect the human 
environment. Through our early analysis and based on 40 CFR 1502.3, we 
have determined that implementation of the proposed SPI HCP may have 
significant impacts on the human environment and, because it involves 
spotted owls and timber harvest, is likely to be controversial. 
Therefore, before deciding whether to issue an ITP to SPI, we will 
prepare an EIS to analyze the environmental impacts associated with 
issuance of the ITP. The EIS will also include analysis of a reasonable 
range of alternatives to the proposed action. Alternatives considered 
in the EIS may include, but are not limited to, variations in the 
permit term or permit structure; the No Surprises timeframe allowed 
under the ITP; the level of take allowed; the level, location, or type 
of conservation, monitoring, or mitigation provided; the scope of 
covered activities; the list of covered species; or a combination of 
these factors. Additionally, a no action alternative will be included.

Request for Information

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice. We will consider these comments in developing the draft EIS. We 
seek specific comments on:
    1. Biological information and relevant data concerning covered 
species;
    2. Additional information concerning the range, distribution, 
population size, and population trends of covered species;
    3. Direct, indirect, and cumulative impacts that implementation of 
the proposed covered activities could have on endangered, threatened, 
and other covered species, and their communities or habitats;
    4. Other possible alternatives to the proposed action(s) that the 
Service should consider;
    5. Other current or planned activities in the subject area and 
their possible impacts on covered species;
    6. The presence of archaeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns, which are required to be considered in project 
planning by the National Historic Preservation Act; and
    7. Any other environmental issues that should be considered with 
regard to the proposed SPI HCP, and permit action(s).

Public Availability of Comments

    You may submit your comments and materials by one of the methods 
listed above in the ADDRESSES section. Before including your address, 
phone number, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal identifying information--might be made publicly available at 
any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we use in preparing the EIS, will be available for public 
inspection by appointment, during normal business hours, at the 
Service's Sacramento Fish and Wildlife Office in Sacramento, California 
(see FOR FURTHER INFORMATION CONTACT).

Scoping Meetings

    See DATES for the dates and times of the public scoping meetings. 
The primary purpose of these meetings and public comment period is to 
provide the public with a general understanding of the background of 
the proposed action and to solicit suggestions and information on the 
scope of issues and alternatives we should consider when drafting the 
EIS. Written comments will be accepted at the meetings. Comments can 
also be submitted by methods listed in ADDRESSES. Once the draft EIS 
and proposed SPI HCP are complete and made available for review, there 
will be additional opportunity for public comment on the content of 
those documents.
    Persons needing reasonable accommodations in order to attend and 
participate in the public meetings should contact the Service using one 
of the methods listed in ADDRESSES as soon as possible. In order to 
allow sufficient time to process requests, please make contact no later 
than one week before the public meeting. Information regarding this 
proposed action is available in alternative formats, upon request.

Authority

    We provide this notice under section 10 of the ESA and per NEPA 
regulations (40 CFR 1501.7, 1506.5 and 1508.22).

Michael Senn,
Acting Assistant Regional Director, Ecological Services, Pacific 
Southwest Region.
[FR Doc. 2017-17837 Filed 8-22-17; 8:45 am]
BILLING CODE 4333-15-P


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