Multi-Species Habitat Conservation Plan, 37656-37658 [2012-15353]

Download as PDF 37656 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Notices proposer modify objectives or work plans and provide supplemental information required by the agency prior to award. NIST also reserves the right to reject a proposal where information is uncovered that raises a reasonable doubt as to the responsibility of the proposer. NIST may select part, some, all, or none of the proposals. The final approval of selected proposals and issuance of awards will be by the NIST Grants Officer. The award decisions of the NIST Grants Officer are final. Unsuccessful proposers will be notified in writing. The Program will retain one copy of each unsuccessful proposal for three (3) years for record keeping purposes. The remaining copies will be destroyed. After three (3) years the remaining copy will be destroyed. wreier-aviles on DSK7SPTVN1PROD with NOTICES Administrative and National Policy Requirements The Department of Commerce PreAward Notification Requirements: The DoC Pre-Award Notification Requirements for Grants and Cooperative Agreements, which are contained in the Federal Register notice of February 11, 2008 (73 FR 7696), are applicable to this competition and are available at http://www.gpo.gov/fdsys/ pkg/FR-2008-02-11/pdf/E8-2482.pdf. Employer/Taxpayer Identification Number (EIN/TIN), Dun and Bradstreet Data Universal Numbering System (DUNS), and Central Contractor Registration (CCR): All proposers for Federal financial assistance are required to obtain a universal identifier in the form of a DUNS number and maintain a current registration in the CCR database. On the form SF–424 items 8.b. and 8.c., the proposer’s 9-digit EIN/TIN and 9-digit DUNS number must be consistent with the information on the CCR (www.ccr.gov) and Automated Standard Application for Payment System (ASAP). For complex organizations with multiple EIN/TIN and DUNS numbers, the EIN/TIN and DUNS numbers MUST be the numbers for the applying organization. Organizations that provide incorrect/ inconsistent EIN/TIN and DUNS numbers may experience significant delays in receiving funds if their proposal is selected for funding. Confirm that the EIN/TIN and DUNS numbers are consistent with the information on the CCR and ASAP. Per the requirements of 2 CFR part 25, each proposer must: 1. Be registered in the CCR before submitting a proposal; 2. Maintain an active CCR registration with current information at all times during which it has an active Federal VerDate Mar<15>2010 15:20 Jun 21, 2012 Jkt 226001 award or a proposal under consideration by an agency; and 3. Provide its DUNS number in each application or proposal it submits to the agency. See also the Federal Register notice published on September 14, 2010, at 75 FR 55671. Paperwork Reduction Act: The standard forms in the application kit involve a collection of information subject to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, SF–LLL, and CD–346 have been approved by OMB under the respective Control Numbers 0348–0043, 0348– 0044, 0348–0040, 0348–0046, and 0605– 0001. MEP program-specific application requirements have been approved by OMB under Control Number 0693–0056. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number. Funding Availability and Limitation of Liability: Funding for the program listed in this notice is contingent upon the availability of appropriations. In no event will NIST or DoC be responsible for proposal preparation costs if this program fails to receive funding or is cancelled because of agency priorities. Publication of this notice does not oblige NIST or DoC to award any specific project or to obligate any available funds. Executive Order 12866: This funding notice was determined to be not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism): It has been determined that this notice does not contain policies with federalism implications as that term is defined in Executive Order 13132. Executive Order 12372: Proposals under this program are not subject to Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs.’’ Administrative Procedure Act/ Regulatory Flexibility Act: Notice and comment are not required under the Administrative Procedure Act (5 U.S.C. 553) or any other law, for rules relating to public property, loans, grants, benefits or contracts (5 U.S.C. 553(a)). Because notice and comment are not required under 5 U.S.C. 553, or any other law, for rules relating to public property, loans, grants, benefits or contracts (5 U.S.C. 553(a)), a Regulatory Flexibility Analysis is not required and PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 has not been prepared for this notice, 5 U.S.C. 601 et seq. Dated: June 15, 2012. Phillip Singerman, Associate Director for Innovation & Industry Services. [FR Doc. 2012–15305 Filed 6–21–12; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration DEPARTMENT OF THE INTERIOR Fish and Wildlife Service RIN 0648–XC011 Multi-Species Habitat Conservation Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service (FWS), Interior. ACTION: Notice of availability of final environmental impact statement, multispecies habitat conservation plan, and implementing agreement. AGENCY: This document announces the availability of the Final Environmental Impact Statement (EIS) on the applications from the Fruit Growers Supply Company (FGS) for Incidental Take Permits (ITPs) and a multi-species Habitat Conservation Plan (HCP) for take of endangered and threatened species in accordance with the Endangered Species Act of 1973, as amended (ESA). The National Marine Fisheries Service and the Fish and Wildlife Service (Services) and FGS have also developed an Implementing Agreement (IA) which details how the Services and FGS will work together to implement the HCP. The applicant seeks the ITPs to authorize incidental take of the covered species during forest management and timber harvest in Siskiyou County, CA, where FGS owns lands, during the term of the proposed 50-year ITPs and HCP. This document is provided under National Environmental Policy Act regulations to inform the public that the Final EIS and multispecies HCP, and the Services’ responses to public comments are available for review, and that we have filed the Final EIS with the U.S. Environmental Protection Agency (EPA) for public notice. The Services will not make a decision on issuing ITPs to FGS sooner than 45 days after publication of EPA’s notice. SUMMARY: E:\FR\FM\22JNN1.SGM 22JNN1 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Notices Written comments must be received by 5 p.m. Pacific Time, August 6, 2012. ADDRESSES: Comments may be sent by any of the following methods: • Mail: Address comments to: Lisa Roberts, NMFS, 1655 Heindon Road, Arcata, CA 95521. • Email: SWR.NCO.FGSHCP@noaa.gov. In the subject line of the email, include the document identifier: Final FGS HCP. • Facsimile: (707) 825–4840. Please note: Attention: Lisa Roberts, NMFS. FOR FURTHER INFORMATION CONTACT: For further information, or to receive a copy of the documents, please call Lisa Roberts, Fisheries Biologist, NMFS, at (707) 825–5178 or Brian Woodbridge, Wildlife Biologist, FWS, at (530) 841– 3101. DATES: SUPPLEMENTARY INFORMATION: Availability of Documents Copies of the Final EIS, HCP, applications for ITPs, and IA are available for public inspection during regular business hours at the Arcata National Marine Fisheries Office (see FOR FURTHER INFORMATION CONTACT) and at the Yreka Fish and Wildlife Office (1829 S. Oregon Street, Yreka, CA 96097). The documents are also available electronically for review on the NMFS Southwest Region Web site at: http:// swr.nmfs.noaa.gov/nepa.html or the FWS Yreka office Web site at: www.fws.gov/yreka. Copies are also available for viewing in each of the following libraries: 1. Siskiyou County Library, 719 4th St., Yreka, CA 96097. 2. Humboldt County Library, 1313 3rd St., Eureka, CA 95501. 3. Del Norte County Library, 190 Price Mall, Crescent City, CA 95531. wreier-aviles on DSK7SPTVN1PROD with NOTICES Background Section 9 of the ESA prohibits the ‘‘take’’ of wildlife species listed as endangered or threatened by either the FWS or NMFS (16 U.S.C. 1538). The ESA defines the term ‘‘take’’ as: Harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed species, or attempt to engage in such conduct. ‘‘Harm’’ has been defined by FWS to include ‘‘significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering.’’ Consistent with FWS, NMFS has defined ‘‘harm’’ as an act which actually kills or injures fish or wildlife, and emphasized that such acts may include ‘‘significant VerDate Mar<15>2010 15:20 Jun 21, 2012 Jkt 226001 habitat modification or degradation which actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including breeding, spawning, rearing, migrating, feeding, or sheltering’’. Pursuant to section 10(a)(1)(B) of the ESA, FWS and NMFS may issue ITPs authorizing the take of listed species if, among other things, such taking is incidental to, and not the purpose of, otherwise lawful activities. Take of listed plant species is not prohibited under the ESA, and cannot be authorized under a section 10 permit. However, the applicant proposes to include Yreka phlox (Phlox hirsuta) in the HCP to extend the HCP’s conservation benefits to this species. The applicant would receive assurances under the ‘‘No Surprises’’ regulations found in 50 CFR 17.22(b)(5), 17.32(b)(5), and 222.307(g) for all proposed covered species in the ITP. To receive an ITP under the ESA, an applicant must first prepare an HCP that specifies the following: (1) The impact of the taking; (2) steps the applicant will take to minimize and mitigate the impact; (3) funding available to implement the steps; (4) what alternative actions to the taking the applicant considered and the reasons why these actions were not taken; and (5) any other measures NMFS or FWS may require as being necessary or appropriate for the purpose of the HCP (16 U.S.C. 1539(a)(2)(A)). To issue a permit, NMFS and FWS must find that: (1) The taking will be incidental; (2) the applicant will minimize and mitigate impacts of the take to the maximum extent practicable; (3) the applicant will ensure adequate funding for the HCP; (4) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) the applicant will meet other measures required by FWS and NMFS. Regulations governing issuance of FWS ITPs for endangered and threatened species are at 50 CFR 17.22 and 17.32, and for NMFS-issued permits at 50 CFR 222.301 through 307. The applicant has requested coverage from FWS for northern spotted owl (Strix occidentalis caurina) and Yreka phlox (Phlox hirsuta), and from NMFS for the Southern Oregon/Northern California Coast coho salmon (Oncorhynchus kisutch) Evolutionarily Significant Unit (ESU). The applicant has also requested coverage under the ITP for the unlisted Klamath and Trinity Rivers Chinook salmon (O. tshawytscha) ESU and the Klamath Mountains Province steelhead (O. mykiss) ESU. Should these unlisted covered species become listed under the ESA during the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 37657 term of the permit, take authorization for those species would become effective upon listing as long as the HCP is being properly implemented. The Final FGS HCP describes the habitatbased conservation approach, with species-specific objectives for their longterm conservation. This includes an Aquatic Species Conservation Program for salmonids and Terrestrial Species Conservation Program for the northern spotted owl and Yreka phlox. FGS activities proposed for coverage under the ITPs include mechanized timber harvest; forest product transportation; road and landing construction, use, maintenance, and abandonment; site preparation; tree planting; certain types of vegetation management; silvicultural thinning and other silvicultural activities; fire suppression; rock quarry and borrow pit operations; aquatic habitat restoration; minor forest management activities such as forest product collecting; and monitoring activities and scientific work in the HCP Plan Area. The duration of the ITPs and HCP is 50 years, though many aspects of the plan’s conservation strategy are intended to benefit the covered species long after the expiration of the permit. The goals of this HCP are to: (1) Protect and improve habitats required by species covered by the HCP and (2) establish appropriate guidelines for continued timber harvest and other forest management activities. NMFS and FWS formally initiated an environmental review of the project through publication of a Notice of Intent to prepare an Environmental Impact Statement in the Federal Register on February 22, 2008 (73 FR 9776). That document also announced a 30-day public scoping period during which interested parties were invited to provide written comments expressing their issues or concerns relating to the proposal and attend the public scoping meetings held in Yreka and Happy Camp, California. On November 13, 2009, the Services published a Notice of Availability of the Draft Fruit Growers Supply Company Multi-Species Habitat Conservation Plan and Draft Environmental Impact Statement, Siskiyou County, California in the Federal Register (74 FR 58602). The public review period was scheduled for 90 days from November 13, 2009, to February 11, 2010. A total of 21 oral questions and comments were received from two speakers at a public meeting held in Yreka on December 2, 2009. Twenty-four comment letters were received, as well as two emails sent by 532 individuals. The oral comments, letters, and emails contained a total of E:\FR\FM\22JNN1.SGM 22JNN1 37658 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Notices 275 separate comments. A response to each of these comments is included in the Final EIS. The Final EIS is intended to accomplish the following: Inform the public of the proposed action and alternatives; disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action. wreier-aviles on DSK7SPTVN1PROD with NOTICES Alternatives The Final EIS analyzes the FGS proposal and three alternatives. Under the proposed action, the Services would issue the ITPs and FGS would implement its proposed HCP on approximately 152,178 acres of the FGS commercial timberlands. The ownership consists of three management units: Klamath River (65,339 acres), Scott Valley (39,153 acres), and Grass Lake (47,686 acres). Under the No Action Alternative, the ITPs would not be issued, there would be no HCP, and FGS would remain subject to the prohibition on unauthorized taking of listed species. Under Alternative A, the ITPs would be issued by both agencies, and northern spotted owl conservation areas would be based on the Northwest Forest Plan (NWFP) system of late-successional reserves (LSRs), and the Aquatic Species Conservation Program would be based on concepts outlined in the NWFP for the protection of aquatic habitats. Under Alternative B, FWS would issue an ITP for northern spotted owl, with spotted owl conservation based on management of foraging and dispersal habitat across the Plan Area. Under Alternative B, no ITP would be issued by NMFS and there would be no Aquatic Species Conservation Program implemented. National Environmental Policy Act The proposed permit issuance triggers the need for compliance with the National Environmental Policy Act (NEPA) and accordingly the Services have prepared a joint NEPA document. The Services are Co-Leads and are responsible for compliance under NEPA. As NEPA Co-Lead agencies, the Services are providing notice of the availability of the Final EIS and are making available for public review the responses to comments on the Draft EIS. Public Review The Services invite the public to review the Final EIS, HCP and IA during a 45-day wait period from June 22, 2012 to August 6, 2012. Any comments received, including names and addresses, will become part of the VerDate Mar<15>2010 15:20 Jun 21, 2012 Jkt 226001 administrative record and may be made available to the public. You may submit your comments to the address listed in the ADDRESSES section of this document. 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 may ask us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The Services will evaluate the applications, associated documents, and comments submitted in preparation of the two Records of Decisions that the Services must prepare in response to the ITP applications. Permit decisions will be made no sooner than 45 days after the publication of EPA’s notice of the Final EIS and completion of the Records of Decisions. Dated: June 18, 2012. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. Dated: June 18, 2012. Alexandra Pitts, Deputy Regional Director, Region 8, Pacific Southwest Region, U.S. Fish and Wildlife Service. [FR Doc. 2012–15353 Filed 6–21–12; 8:45 am] BILLING CODE 4310–55–P; 3510–22–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to the Procurement List. AGENCY: This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: Effective Date: 7/23/2012. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202–3259. FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Revision On 5/25/2012 (77 FR 31335–31336), the Committee for Purchase From People Who Are Blind or Severely Disabled proposed the addition of two Containerized Unitized Bulk Equipment (CUBE) Lifeliners, NSNs 1670–01–598– 5067 and 1670–01–598–5071 to its Procurement List. The Coverage statement associated with this proposed addition should have read as follows: Coverage: C–List for 100% of the requirement of the Department of the Army, as aggregated by the Army Contracting Command—Aberdeen Proving Ground, Natick Contracting Division, Natick, MA. As previously announced, comments on the proposed addition must be received on or before June 25, 2012. Additions On 4/13/2012 (77 FR 22289–22290) and 4/20/2012 (77 FR 23665–23666), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and services and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 and 41 CFR 51–2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the products and services proposed for addition to the Procurement List. E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Notices]
[Pages 37656-37658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15353]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

RIN 0648-XC011


Multi-Species Habitat Conservation Plan

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

ACTION: Notice of availability of final environmental impact statement, 
multi-species habitat conservation plan, and implementing agreement.

-----------------------------------------------------------------------

SUMMARY: This document announces the availability of the Final 
Environmental Impact Statement (EIS) on the applications from the Fruit 
Growers Supply Company (FGS) for Incidental Take Permits (ITPs) and a 
multi-species Habitat Conservation Plan (HCP) for take of endangered 
and threatened species in accordance with the Endangered Species Act of 
1973, as amended (ESA). The National Marine Fisheries Service and the 
Fish and Wildlife Service (Services) and FGS have also developed an 
Implementing Agreement (IA) which details how the Services and FGS will 
work together to implement the HCP. The applicant seeks the ITPs to 
authorize incidental take of the covered species during forest 
management and timber harvest in Siskiyou County, CA, where FGS owns 
lands, during the term of the proposed 50-year ITPs and HCP. This 
document is provided under National Environmental Policy Act 
regulations to inform the public that the Final EIS and multi-species 
HCP, and the Services' responses to public comments are available for 
review, and that we have filed the Final EIS with the U.S. 
Environmental Protection Agency (EPA) for public notice. The Services 
will not make a decision on issuing ITPs to FGS sooner than 45 days 
after publication of EPA's notice.

[[Page 37657]]


DATES: Written comments must be received by 5 p.m. Pacific Time, August 
6, 2012.

ADDRESSES: Comments may be sent by any of the following methods:
     Mail: Address comments to: Lisa Roberts, NMFS, 1655 
Heindon Road, Arcata, CA 95521.
     Email: SWR.NCO.FGSHCP@noaa.gov. In the subject line of the 
email, include the document identifier: Final FGS HCP.
     Facsimile: (707) 825-4840. Please note: Attention: Lisa 
Roberts, NMFS.

FOR FURTHER INFORMATION CONTACT: For further information, or to receive 
a copy of the documents, please call Lisa Roberts, Fisheries Biologist, 
NMFS, at (707) 825-5178 or Brian Woodbridge, Wildlife Biologist, FWS, 
at (530) 841-3101.

SUPPLEMENTARY INFORMATION: 

Availability of Documents

    Copies of the Final EIS, HCP, applications for ITPs, and IA are 
available for public inspection during regular business hours at the 
Arcata National Marine Fisheries Office (see FOR FURTHER INFORMATION 
CONTACT) and at the Yreka Fish and Wildlife Office (1829 S. Oregon 
Street, Yreka, CA 96097).
    The documents are also available electronically for review on the 
NMFS Southwest Region Web site at: http://swr.nmfs.noaa.gov/nepa.html 
or the FWS Yreka office Web site at: www.fws.gov/yreka. Copies are also 
available for viewing in each of the following libraries:
    1. Siskiyou County Library, 719 4th St., Yreka, CA 96097.
    2. Humboldt County Library, 1313 3rd St., Eureka, CA 95501.
    3. Del Norte County Library, 190 Price Mall, Crescent City, CA 
95531.

Background

    Section 9 of the ESA prohibits the ``take'' of wildlife species 
listed as endangered or threatened by either the FWS or NMFS (16 U.S.C. 
1538). The ESA defines the term ``take'' as: Harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect listed species, or 
attempt to engage in such conduct. ``Harm'' has been defined by FWS to 
include ``significant habitat modification or degradation where it 
actually kills or injures wildlife by significantly impairing essential 
behavioral patterns, including breeding, feeding, and sheltering.'' 
Consistent with FWS, NMFS has defined ``harm'' as an act which actually 
kills or injures fish or wildlife, and emphasized that such acts may 
include ``significant habitat modification or degradation which 
actually kills or injures fish or wildlife by significantly impairing 
essential behavioral patterns, including breeding, spawning, rearing, 
migrating, feeding, or sheltering''. Pursuant to section 10(a)(1)(B) of 
the ESA, FWS and NMFS may issue ITPs authorizing the take of listed 
species if, among other things, such taking is incidental to, and not 
the purpose of, otherwise lawful activities.
    Take of listed plant species is not prohibited under the ESA, and 
cannot be authorized under a section 10 permit. However, the applicant 
proposes to include Yreka phlox (Phlox hirsuta) in the HCP to extend 
the HCP's conservation benefits to this species. The applicant would 
receive assurances under the ``No Surprises'' regulations found in 50 
CFR 17.22(b)(5), 17.32(b)(5), and 222.307(g) for all proposed covered 
species in the ITP.
    To receive an ITP under the ESA, an applicant must first prepare an 
HCP that specifies the following: (1) The impact of the taking; (2) 
steps the applicant will take to minimize and mitigate the impact; (3) 
funding available to implement the steps; (4) what alternative actions 
to the taking the applicant considered and the reasons why these 
actions were not taken; and (5) any other measures NMFS or FWS may 
require as being necessary or appropriate for the purpose of the HCP 
(16 U.S.C. 1539(a)(2)(A)). To issue a permit, NMFS and FWS must find 
that: (1) The taking will be incidental; (2) the applicant will 
minimize and mitigate impacts of the take to the maximum extent 
practicable; (3) the applicant will ensure adequate funding for the 
HCP; (4) the taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and (5) the applicant 
will meet other measures required by FWS and NMFS. Regulations 
governing issuance of FWS ITPs for endangered and threatened species 
are at 50 CFR 17.22 and 17.32, and for NMFS-issued permits at 50 CFR 
222.301 through 307.
    The applicant has requested coverage from FWS for northern spotted 
owl (Strix occidentalis caurina) and Yreka phlox (Phlox hirsuta), and 
from NMFS for the Southern Oregon/Northern California Coast coho salmon 
(Oncorhynchus kisutch) Evolutionarily Significant Unit (ESU). The 
applicant has also requested coverage under the ITP for the unlisted 
Klamath and Trinity Rivers Chinook salmon (O. tshawytscha) ESU and the 
Klamath Mountains Province steelhead (O. mykiss) ESU. Should these 
unlisted covered species become listed under the ESA during the term of 
the permit, take authorization for those species would become effective 
upon listing as long as the HCP is being properly implemented. The 
Final FGS HCP describes the habitat-based conservation approach, with 
species-specific objectives for their long-term conservation. This 
includes an Aquatic Species Conservation Program for salmonids and 
Terrestrial Species Conservation Program for the northern spotted owl 
and Yreka phlox.
    FGS activities proposed for coverage under the ITPs include 
mechanized timber harvest; forest product transportation; road and 
landing construction, use, maintenance, and abandonment; site 
preparation; tree planting; certain types of vegetation management; 
silvicultural thinning and other silvicultural activities; fire 
suppression; rock quarry and borrow pit operations; aquatic habitat 
restoration; minor forest management activities such as forest product 
collecting; and monitoring activities and scientific work in the HCP 
Plan Area.
    The duration of the ITPs and HCP is 50 years, though many aspects 
of the plan's conservation strategy are intended to benefit the covered 
species long after the expiration of the permit. The goals of this HCP 
are to: (1) Protect and improve habitats required by species covered by 
the HCP and (2) establish appropriate guidelines for continued timber 
harvest and other forest management activities.
    NMFS and FWS formally initiated an environmental review of the 
project through publication of a Notice of Intent to prepare an 
Environmental Impact Statement in the Federal Register on February 22, 
2008 (73 FR 9776). That document also announced a 30-day public scoping 
period during which interested parties were invited to provide written 
comments expressing their issues or concerns relating to the proposal 
and attend the public scoping meetings held in Yreka and Happy Camp, 
California.
    On November 13, 2009, the Services published a Notice of 
Availability of the Draft Fruit Growers Supply Company Multi-Species 
Habitat Conservation Plan and Draft Environmental Impact Statement, 
Siskiyou County, California in the Federal Register (74 FR 58602). The 
public review period was scheduled for 90 days from November 13, 2009, 
to February 11, 2010. A total of 21 oral questions and comments were 
received from two speakers at a public meeting held in Yreka on 
December 2, 2009. Twenty-four comment letters were received, as well as 
two emails sent by 532 individuals. The oral comments, letters, and 
emails contained a total of

[[Page 37658]]

275 separate comments. A response to each of these comments is included 
in the Final EIS.
    The Final EIS is intended to accomplish the following: Inform the 
public of the proposed action and alternatives; disclose the direct, 
indirect, and cumulative environmental effects of the proposed action 
and each of the alternatives; and indicate any irreversible commitment 
of resources that would result from implementation of the proposed 
action.

Alternatives

    The Final EIS analyzes the FGS proposal and three alternatives. 
Under the proposed action, the Services would issue the ITPs and FGS 
would implement its proposed HCP on approximately 152,178 acres of the 
FGS commercial timberlands. The ownership consists of three management 
units: Klamath River (65,339 acres), Scott Valley (39,153 acres), and 
Grass Lake (47,686 acres). Under the No Action Alternative, the ITPs 
would not be issued, there would be no HCP, and FGS would remain 
subject to the prohibition on unauthorized taking of listed species. 
Under Alternative A, the ITPs would be issued by both agencies, and 
northern spotted owl conservation areas would be based on the Northwest 
Forest Plan (NWFP) system of late-successional reserves (LSRs), and the 
Aquatic Species Conservation Program would be based on concepts 
outlined in the NWFP for the protection of aquatic habitats. Under 
Alternative B, FWS would issue an ITP for northern spotted owl, with 
spotted owl conservation based on management of foraging and dispersal 
habitat across the Plan Area. Under Alternative B, no ITP would be 
issued by NMFS and there would be no Aquatic Species Conservation 
Program implemented.

National Environmental Policy Act

    The proposed permit issuance triggers the need for compliance with 
the National Environmental Policy Act (NEPA) and accordingly the 
Services have prepared a joint NEPA document. The Services are Co-Leads 
and are responsible for compliance under NEPA. As NEPA Co-Lead 
agencies, the Services are providing notice of the availability of the 
Final EIS and are making available for public review the responses to 
comments on the Draft EIS.

Public Review

    The Services invite the public to review the Final EIS, HCP and IA 
during a 45-day wait period from June 22, 2012 to August 6, 2012. Any 
comments received, including names and addresses, will become part of 
the administrative record and may be made available to the public. You 
may submit your comments to the address listed in the ADDRESSES section 
of this document. 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 may ask us to withhold your personal identifying information 
from public review, we cannot guarantee that we will be able to do so.
    The Services will evaluate the applications, associated documents, 
and comments submitted in preparation of the two Records of Decisions 
that the Services must prepare in response to the ITP applications. 
Permit decisions will be made no sooner than 45 days after the 
publication of EPA's notice of the Final EIS and completion of the 
Records of Decisions.

    Dated: June 18, 2012.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
    Dated: June 18, 2012.
Alexandra Pitts,
Deputy Regional Director, Region 8, Pacific Southwest Region, U.S. Fish 
and Wildlife Service.
[FR Doc. 2012-15353 Filed 6-21-12; 8:45 am]
BILLING CODE 4310-55-P; 3510-22-P