Notice2021-24927
Endangered and Threatened Species; Take of Anadromous Fish
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 16, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS has issued one Incidental Take Permit and one Enhancement of Survival Permit to Sierra Pacific Land & Timber Company (SPL&T) for the Sierra Pacific Industries Habitat Conservation Plan (HCP) and Safe Harbor Agreement (SHA). The HCP/SHA was submitted pursuant to the Endangered Species Act (ESA) of 1973, as amended. NMFS has also prepared a Final Environmental Assessment (EA) and a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) associated with NMFS' issuance of the Permits for the HCP/SHA. The Permits authorize incidental take of ESA- listed species as set forth in the HCP/SHA for a 50-year period.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63343-63344]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24927]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB579]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; Issuance of one Endangered Species Act (ESA) Incidental
Take Permit and one ESA Enhancement of Survival Permit; Availability of
the Final Environmental Assessment and Finding of No Significant
Impact.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that NMFS has issued one Incidental
Take Permit and one Enhancement of Survival Permit to Sierra Pacific
Land & Timber Company (SPL&T) for the Sierra Pacific Industries Habitat
Conservation Plan (HCP) and Safe Harbor Agreement (SHA). The HCP/SHA
was submitted pursuant to the Endangered Species Act (ESA) of 1973, as
amended. NMFS has also prepared a Final Environmental Assessment (EA)
and a Finding of No Significant Impact (FONSI) under the National
Environmental Policy Act (NEPA) associated with NMFS' issuance of the
Permits for the HCP/SHA. The Permits authorize incidental take of ESA-
listed species as set forth in the HCP/SHA for a 50-year period.
DATES: The Incidental Take Permit (No. 24396) and the Enhancement of
Survival Permit (No. 24397) were issued to SPL&T on September 29, 2021.
Subsequent to issuance, the necessary countersignatures by the
applicants were received on October 4, 2021. The expiration date of the
permits is October 4, 2071. The issued permits are subject to certain
conditions set forth therein.
ADDRESSES: The permits, the Final EA and FONSI, and other related
documents available on the NMFS West Coast Region website at: <a href="https://www.fisheries.noaa.gov/action/habitat-conservation-plan-and-safe-harbor-agreement-sierra-pacific-industries-forestland">https://www.fisheries.noaa.gov/action/habitat-conservation-plan-and-safe-harbor-agreement-sierra-pacific-industries-forestland</a>.
FOR FURTHER INFORMATION CONTACT: Amanda Cranford, Sacramento, CA, at
phone number: (916) 930-3706, or via email: <a href="/cdn-cgi/l/email-protection#81c0ece0efe5e0afc2f3e0efe7eef3e5c1efeee0e0afe6eef7"><span class="__cf_email__" data-cfemail="eeaf838f808a8fc0ad9c8f8088819c8aae80818f8fc0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This Notice
Chinook salmon (Oncorhynchus tshawytscha), (Evolutionary Significant
Unit [ESU]): Central Valley spring-run ESU, and Sacramento River
winter-run ESU
Coho salmon (O. kisutch), (ESU): Southern Oregon/Northern California
Coast ESU
Steelhead (O. mykiss), (Distinct Population Segment [DPS]): California
Central Valley DPS
Background
SPL&T is the largest private forest landowner in the state of
California, with ownership currently encompassing approximately 1.79
million acres of timberland throughout the northern and central
portions of the state. Sierra Pacific Industries (SPI) is the
authorized representative and manager of SPL&T lands. Rivers and
streams on portions of SPL&T lands in the Trinity River and Sacramento
River basins provide habitat for anadromous salmonids, including
species listed under the ESA. SPI's forestland management activities
have the potential to adversely affect fish species and their habitats
that are listed, or may be listed, under the ESA. Proposed activities
under the permits include those activities necessary to implement the
forestland management program, in addition to certain mitigation and
conservation measures identified in the HCP/SHA.
Section 10(a)(1)(B) of the ESA authorizes NMFS to issue an
Incidental Take Permit to non-Federal parties for the potential
incidental taking of endangered and threatened species. The HCP
provides an assessment of impacts, measures to monitor, minimize, and
mitigate for those impacts, and procedures to account for unforeseen or
extraordinary circumstances. Under the HCP, SPI will follow the Z'Berg-
Nejedly Forest Practice Act and relevant public resource codes,
including the current California Forest Practice Rules (CFPRs) for each
year of the permit period. SPI fully complies with the CFPRs, which set
prescriptive standards for natural resource protection minimization
measures for all activities. The CFPRs set even higher standards for
activities in Anadromous Salmonid Protection watersheds. SPI will also
implement conservation measures described in the HCP that are designed
to protect riparian resources and water quality.
The section 10(a)(1)(B) Incidental Take Permit also covers three
species that are not currently listed under the ESA: Central Valley
fall/late fall-run Chinook salmon (O. tshawytscha) ESU, which is
designated as species of concern by NMFS; Upper Klamath/Trinity Rivers
Chinook salmon (O. tshawytscha) ESU, which is currently petitioned for
listing as threatened or endangered under the ESA and endangered under
the California Endangered Species Act; and Klamath Mountains Province
steelhead (O. mykiss) DPS, which has no current regulatory status. The
non-listed species identified above do not currently have protective
federal regulations against take, and a federal permit is not needed to
incidentally take them. However, there may be a change in listing
status during the permit term. If any of the above-mentioned non-listed
species are listed as threatened or endangered in the future, the
section 10(a)(1)(B) Incidental Take Permit would become effective
immediately for these species.
The incidental taking identified in the SHA is authorized under a
section 10(a)(1)(A) Enhancement of Survival Permit. The SHA addresses
potential
[[Page 63344]]
impacts resulting from SPI's timber harvest activities on SPL&T lands
in the Sacramento and Trinity River basins upstream of currently
impassable dams, where NMFS is proposing to reintroduce populations of
ESA-listed salmonids. The purpose of the SHA is to provide incentives
for non-Federal property owners to voluntarily conduct beneficial
management activities that either support or attract ESA-listed
species. The beneficial management activities proposed under the SHA
will improve habitat within the SHA Plan Area by using SPI's Road
Erosion and Sediment Delivery Index (READI) model to identify sources
of sediment from road runoff. Road watercourse crossing improvements
will be applied, such as new drains and road surfacing, to reduce
sediment delivery to the maximum extent practicable. SPI will also
support ESA-listed species reintroduction efforts proposed by NMFS,
which is expected to contribute towards the recovery of ESA-listed
anadromous fish populations in the Sacramento River and Trinity River
basins. These actions are expected to provide a net conservation
benefit for ESA-listed salmonids.
On June 19, 2020, NMFS published a Notice of Receipt and Notice of
Availability in the Federal Register (85 FR 37070; June 19, 2020)
asking for public comments on the draft HCP/SHA and the associated
draft NEPA EA. NMFS received three letters from the public expressing
support for the HCP/SHA and the proposed issuance of the permits. No
changes were made in response to the comments received, as none were
suggested or requested by the public.
Authority
Section 9 of the ESA and Federal regulations prohibit the taking of
a species listed as endangered or threatened. The ESA defines ``take''
to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct. NMFS may issue
permits under limited circumstances to take listed species. Section
10(a)(1)(B) of the ESA and implementing regulations (50 CFR 222.307)
provide for authorizing take of listed species, incidental to, and not
the purpose of, the carrying out of an otherwise lawful activity.
Enhancement of Survival permits are issued in accordance with
Section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations
governing listed fish and wildlife permits (50 CFR 222.308). NMFS
issues permits based on findings that such permits: (1) Are applied for
in good faith; (2) if granted and exercised, would not operate to the
disadvantage of the listed species that are the subject of the permit;
and (3) are consistent with the purposes and policy of section 2 of the
ESA. The authority to take listed species is subject to conditions set
forth in the permits.
Dated: November 10, 2021.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021-24927 Filed 11-15-21; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 16, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.