Notice2022-12667
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
June 14, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service (NMFS) has received an incidental take permit (ITP) application from Port Blakely, associated with the Port Blakely Habitat Conservation Plan (HCP) for the John Franklin Eddy Forestlands located in Clackamas County, Oregon. Port Blakely submitted the ITP application pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit, if issued, would authorize incidental take of the covered species under NMFS jurisdiction resulting from the timber harvest, silviculture, and road management activities, as well as take resulting from activities carried out as part of the HCP's conservation strategy on the John Franklin Eddy Forestlands for a permit term of 50 years. In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), NMFS announces the availability of a draft environmental assessment (Draft EA). NMFS is the lead Federal agency under NEPA, and the U.S. Fish and Wildlife Service (USFWS) is a cooperating agency. The Draft EA analyzes the potential effects of issuance of the ITPs and approval of the HCP.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 35970-35971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12667]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC091]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) has received an
incidental take permit (ITP) application from Port Blakely, associated
with the Port Blakely Habitat Conservation Plan (HCP) for the John
Franklin Eddy Forestlands located in Clackamas County, Oregon. Port
Blakely submitted the ITP application pursuant to the Endangered
Species Act of 1973, as amended (ESA). The permit, if issued, would
authorize incidental take of the covered species under NMFS
jurisdiction resulting from the timber harvest, silviculture, and road
management activities, as well as take resulting from activities
carried out as part of the HCP's conservation strategy on the John
Franklin Eddy Forestlands for a permit term of 50 years. In accordance
with the National Environmental Policy Act of 1969, as amended (NEPA),
NMFS announces the availability of a draft environmental assessment
(Draft EA). NMFS is the lead Federal agency under NEPA, and the U.S.
Fish and Wildlife Service (USFWS) is a cooperating agency. The Draft EA
analyzes the potential effects of issuance of the ITPs and approval of
the HCP.
DATES: Comments on any of the documents or requests for a hearing on
the application must be received at the appropriate address (see
ADDRESSES) no later than 5 p.m. Pacific Standard Time on July 14, 2022.
ADDRESSES: Written comments on any documents should be addressed by
email to <a href="/cdn-cgi/l/email-protection#6616091412040a070d030a1f480e0516260809070748010910"><span class="__cf_email__" data-cfemail="7d0d120f091f111c1618110453151e0d3d13121c1c531a120b">[email protected]</span></a>. Include in the subject line of the
email comment the following identifier: Comments on Port Blakely's
Habitat Conservation Plan for the John Franklin Eddy Forestlands.
Please specify whether the comments provided are associated with the
HCP or the Draft EA. When commenting, please refer to the specific page
number and line number of the subject of your comment. The HCP and
Draft EA are available on the internet at <a href="https://www.fisheries.noaa.gov/action/port-blakely-habitat-conservation-plan-john-franklin-eddy-forestlands">https://www.fisheries.noaa.gov/action/port-blakely-habitat-conservation-plan-john-franklin-eddy-forestlands</a>.
FOR FURTHER INFORMATION CONTACT: Annie Birnie, NMFS, via phone at 503-
230-5407 or via email at <a href="/cdn-cgi/l/email-protection#e9888787808cc78b809b87808ca987868888c78e869f"><span class="__cf_email__" data-cfemail="bfded1d1d6da91ddd6cdd1d6daffd1d0dede91d8d0c9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: We, the National Marine Fisheries Service
(NMFS) received an incidental take permit application from Port
Blakely, which includes a habitat conservation plan (HCP) that contain
measures to minimize and mitigate the impacts of taking of five ESA-
listed species under the jurisdiction of NMFS. Port Blakely also
submitted an incidental take permit application, including the HCP, to
the USFWS for 17 species under USFWS jurisdiction. The applicant is
seeking authorization for the incidental take of the species covered by
the HCP pursuant to section 10(a)(1)(B) of the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.).
Species Included in the HCP
ESA-listed species covered by NMFS:
<bullet> Chinook salmon (Oncorhynchus tshawytscha): threatened
Lower Columbia River (LCR) evolutionarily significant unit (ESU);
threatened Upper Willamette River (UWR) ESU;
<bullet> Coho salmon (Oncorhynchus kisutch): threatened LCR ESU;
<bullet> Steelhead (Oncorhynchus mykiss): threatened LCR distinct
population segment (DPS); threatened UWR DPS.
ESA-listed species covered by USFWS:
<bullet> Bull trout (Salvelinus confluentus);
<bullet> Gray wolf (Canis lupus); and
<bullet> Northern spotted owl (Strix occidentalis caurina).
Non-ESA-Listed Species Covered by USFWS:
<bullet> Pacific lamprey (Lampetra tridentata);
<bullet> Cascades frog (Rana cascadae);
<bullet> Coastal tailed frog (Ascaphus truei);
<bullet> Cascade torrent salamander (Rhyacotriton cascadae);
<bullet> Oregon slender salamander (Batrachoseps wright);
<bullet> Western/North Pacific pond turtle (Actinemys marmorata
marmorata);
<bullet> Northern goshawk (Accipiter gentilis);
<bullet> Pacific Fisher (Pekania pennanti);
<bullet> Townsend's big-eared bat (Corynorhinus townsendii spp.);
<bullet> Hoary bat (Lasiurus cinereus);
<bullet> Silver-haired bat (Lasionycteris noctivagans);
<bullet> Fringed myotis bat (Myotis thysanodes);
<bullet> Long-eared myotis bat (Myotis evotis);
<bullet> Long-legged myotis bat (Myotis Volans).
Background
Section 10(a)(1)(B) of the ESA, as amended (16 U.S.C. 1531 et
seq.), authorizes the NMFS and USFWS to issue ITPs to non-Federal
parties for potential incidental take of endangered or threatened
species as a result of covered activities. In support of its
applications for such ITPs, Port Blakely prepared an HCP that provides
an
[[Page 35971]]
assessment of impacts of its timber harvest, silviculture, and road
management activities in the Clackamas River and Molalla River basins
of Oregon on the identified species; measures to monitor, minimize and
mitigate for those impacts on those species; and procedures to account
for unforeseen or extraordinary circumstances.
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 and USFWS
may issue permits, under limited circumstances to take listed species
incidental to, and not the purpose of, otherwise lawful activities.
Section 10(a)(1)(B) of the ESA and implementing regulations (50 CFR
222.307 for NMFS and 50 CFR 17.22(b) and 17.32(b) for USFWS) provide
for authorizing such incidental take of listed species.
The proposed issuance of the ITPs is a Federal action requiring
evaluation under the National Environmental Policy Act of 1969 (NEPA),
as amended (42 U.S.C. 4321 et seq.), and implementing regulations at 40
CFR parts 1500-1508. Pursuant to the requirements of NEPA, NMFS
prepared the Draft EA to evaluate the potential environmental impacts
of implementation of the proposed HCP. USFWS is a cooperating agency in
this NEPA process.
After public review, NMFS will review the comments in coordination
with the USFWS. NMFS will finalize the EA and determine whether the
proposed action warrants a finding of no significant impact or whether
an environmental impact statement should be prepared pursuant to NEPA.
NMFS will evaluate the permit application submitted by Port Blakely,
the associated documents, and any comments received, to determine
whether the permit application meets the requirements of section
10(a)(1)(B) of the ESA and its implementing regulations. NMFS will also
evaluate whether issuance of the requested permit would comply with the
ESA by conducting consultation under section 7(a)(2) of the ESA on the
proposed ITP action. The final NEPA and permit determinations will not
be completed until after the end of the 30-day comment period, and NMFS
will fully consider all comments received during the comment period. If
NMFS determines that all requirements are met, it will issue ITPs under
section 10(a)(1)(B) of the ESA to Port Blakely for the take of the
covered species under NMFS jurisdiction, incidental to otherwise lawful
covered activities.
Dated: June 7, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022-12667 Filed 6-13-22; 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 June 14, 2022.
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.