Notice2022-08663
Western Oregon State Forests Habitat Conservation Plan and Incidental Take Permit Application; Draft Environmental Impact Statement
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
April 22, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (FWS), have received an incidental take permit (ITP) application from the Oregon Department of Forestry (ODF), associated with the Western Oregon State Forests habitat conservation plan (HCP), pursuant to the Endangered Species Act. If granted, the ITP would authorize incidental take resulting from activities and conservation activities carried out as part of the HCP conservation strategy. We invite review of and comment on the ITP application and the HCP from local, State, and Federal agencies; Tribes; and the public. A draft environmental impact statement, provided by the National Marine Fisheries Service (lead agency under the National Environmental Policy Act), is also available for review.
Full Text
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<title>Federal Register, Volume 87 Issue 78 (Friday, April 22, 2022)</title>
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[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24191-24192]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08663]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2022-N230; FXES11140100000-223-FF01E0000]
Western Oregon State Forests Habitat Conservation Plan and
Incidental Take Permit Application; Draft Environmental Impact
Statement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), have received an
incidental take permit (ITP) application from the Oregon Department of
Forestry (ODF), associated with the Western Oregon State Forests
habitat conservation plan (HCP), pursuant to the Endangered Species
Act. If granted, the ITP would authorize incidental take resulting from
activities and conservation activities carried out as part of the HCP
conservation strategy. We invite review of and comment on the ITP
application and the HCP from local, State, and Federal agencies;
Tribes; and the public. A draft environmental impact statement,
provided by the National Marine Fisheries Service (lead agency under
the National Environmental Policy Act), is also available for review.
DATES: Comments must be received no later than June 1, 2022. Any
comments received after the closing date may not be considered in the
final decision on these actions.
ADDRESSES: Submitting Comments: You may submit comments in either of
the following ways:
Internet: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-
2021-0019 in the Search Box. Follow the instructions for submitting
comments on NOAA-NMFS-2021-0019. (This is a NOAA docket, because NOAA
is the lead agency under NEPA.) Please specify whether your comments
pertain to the Draft EIS or the HCP, and reference specific sections
and/or page numbers. Written comments to any other address or
individual, or received after the end of the comment period, may not be
considered by FWS. All comments received are part of the public record
and will generally be posted for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All personal identifying information (e.g., name,
address), confidential business information, or otherwise sensitive
information submitted voluntarily by the sender will be publicly
accessible. FWS will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous).
Virtual Public Meeting: In its notice of March 18, 2022 (87 FR
15383), NMFS announced a virtual public meeting for April 6, 2022,
during which oral comments would be accepted regarding the ITP
applications, HCP, and Draft EIS.
If you have already submitted comments on FWS or NMFS species in
response to the NMFS notice in writing, or orally at the public meeting
on April 6, 2022, you do not need to resubmit them in response to this
notice for them to be considered.
Obtaining Documents for Review: The Draft HCP and draft EIS are
available for review online at <a href="https://www.fisheries.noaa.gov/action/western-oregon-state-forests-habitat-conservation-plan">https://www.fisheries.noaa.gov/action/western-oregon-state-forests-habitat-conservation-plan</a> and at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. NOAA-NMFS-2021-0019.
FOR FURTHER INFORMATION CONTACT: Joe Zisa, FWS, by phone at 503-231-
6961 or via email at <a href="/cdn-cgi/l/email-protection#8fc5e0ead0d5e6fceecfe9f8fca1e8e0f9"><span class="__cf_email__" data-cfemail="1852777d4742716b79587e6f6b367f776e">[email protected]</span></a>. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(FWS), have received an incidental take permit (ITP) application from
the Oregon Department of Forestry (ODF), associated with the Western
Oregon State Forests habitat conservation plan (HCP), pursuant to the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). If granted, the ITP would authorize the incidental take of the
species included in the HCP, resulting from the activities and
conservation activities carried out as part of the HCP conservation
strategy.
[[Page 24192]]
The National Marine Fisheries Service (NMFS) also received an ITP
application associated with the same HCP, and on March 18, 2022,
published (87 FR 15383) a notice of the availability inviting comment
on the ITP applications, the HCP, and a draft environmental impact
statement (Draft EIS) analyzing the potential effects of issuance of
the respective ITPs by NMFS and FWS. NMFS is the lead Federal agency
under the National Environmental Policy Act of 1969, as amended (NEPA),
for this draft EIS.
At this time, FWS issues this additional Federal Register notice to
confirm that (a) FWS has received the ODF ITP application and HCP
regarding species under FWS's jurisdiction, and (b) FWS is inviting
public comment on FWS's consideration of the ITP and HCP, in
conformance with ESA section 10(c), through the same comment period
process contained in the above-referenced NMFS notice (87 FR 15383).
ESA-Listed Species Under FWS Jurisdiction Included in the HCP
<bullet> Northern spotted owl (Strix occidentalis): Threatened
<bullet> Marbled murrelet (Brachyramphus marmoratus): Threatened
<bullet> Coastal marten (Martes caurina): Threatened coastal distinct
population segment (DPS)
Non-ESA-Listed Species Addressed by the FWS Included in the HCP
<bullet> Oregon slender salamander (Batrachoseps wrighti)
<bullet> Columbia torrent salamander (Rhyacotriton kezeri)
<bullet> Cascade torrent salamander (Rhyacotriton cascadae)
<bullet> Red tree vole (Arborimus longicaudus)
Species included in the HCP addressed by NMFS are identified in the
NMFS notice of availability (87 FR 15383).
Background
Section 9 of the ESA and its Federal regulations prohibit the
taking of a species listed as endangered or threatened. The ESA defines
``take'' to mean to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to attempt to engage in any such conduct.
FWS may issue permits, under limited circumstances, to take listed
species incidental to, and not the purpose of, otherwise lawful
activities pursuant to section 10(a)(1)(B) of the ESA and its
implementing regulations (50 CFR 17.22(b) and 17.32(b)). On February 9,
2020, NMFS and FWS received separate applications from ODF for ITPs to
authorize take of the above-mentioned species that may occur incidental
to ODF's forest and recreation management activities. These activities
are identified in the NMFS notice of availability (87 FR 15383). The
ITP applications and HCP also include non-listed species; take coverage
would become effective for these species if and when they become listed
during the permit term. The HCP specifies the impacts that will likely
result from the taking of the species and describes the steps that ODF
will take to minimize and mitigate such impacts.
The proposed issuance of the ITPs is considered a Federal action
under NEPA, and NMFS determined that preparation of an EIS to analyze
the potential impacts on the human environment was appropriate. A Draft
EIS was prepared by NMFS in accordance with the requirements of NEPA
(42 U.S.C. 4321 et seq.), with input from FWS as a cooperating agency.
Further information regarding the Draft EIS is described in the NMFS
notice of availability (87 FR 15383).
In regard to the ITP application to the FWS and the supporting HCP,
and as noted in the NMFS notice of availability, we specifically
request information on the following:
1. Biological information, analysis, and relevant data concerning
the covered species under FWS jurisdiction, other wildlife, and
ecosystems.
2. Potential effects that the proposed permit actions could have on
the covered species under FWS jurisdiction, and other endangered or
threatened species, and their habitats, including the interaction of
the effects of the project with climate change and other stressors.
3. Adequacy of the proposed action to minimize and mitigate the
impact of the taking on covered species.
4. Other information relevant to the HCP.
FWS and NMFS (the Services) will each make their permit decisions
based on the statutory and regulatory criteria of the ESA. Their
decisions will also be informed by the data, analyses, and findings in
the EIS and public comments received on the Draft EIS and HCP
accompanying the ITP applications. The Services will each document
their determinations independently in an ESA section 10 findings
document, ESA section 7 biological opinion, and NEPA Record of Decision
(ROD) developed at the conclusion of the ESA and NEPA compliance
processes. If the Services find that all requirements for issuance of
the ITPs are met, they will issue the requested permits, subject to
terms and conditions deemed necessary or appropriate to carry out the
purposes of ESA section 10.
Authority
Section 10(c) of the ESA and its implementing regulations (50 CFR
17.22 and 50 CFR 17.32).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-08663 Filed 4-21-22; 8:45 am]
BILLING CODE 4333-15-P
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