Notice2022-23242
Endangered and Threatened Species; Take of Anadromous Fish
Primary source
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Published
October 26, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS's West Coast Region (WCR), announce receipt of an application for an enhancement of survival permit (Number 25838) under the Endangered Species Act (ESA) of 1973, and proposed entry into an associated Programmatic Safe Harbor Agreement (PSHA) between the NOAA Restoration Center (Applicant) and NMFS-WCR. The proposed enhancement of survival permit, which is issued by NMFS-WCR, and PSHA is intended to improve habitat conditions and promote the conservation and recovery of seven species of ESA-listed salmonids in Coastal California.
Full Text
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<title>Federal Register, Volume 87 Issue 206 (Wednesday, October 26, 2022)</title>
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[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Notices]
[Pages 64772-64773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23242]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC491]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of an application; for an enhancement of
survival permit for a programmatic safe harbor agreement to enhance
summer streamflow in Coastal California creeks and rivers.
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SUMMARY: We, NMFS's West Coast Region (WCR), announce receipt of an
application for an enhancement of survival permit (Number 25838) under
the Endangered Species Act (ESA) of 1973, and proposed entry into an
associated Programmatic Safe Harbor Agreement (PSHA) between the NOAA
Restoration Center (Applicant) and NMFS-WCR. The proposed enhancement
of survival permit, which is issued by NMFS-WCR, and PSHA is intended
to improve habitat conditions and promote the conservation and recovery
of seven species of ESA-listed salmonids in Coastal California.
DATES: Comments or requests for a public hearing on the actions
proposed in the application must be received at the appropriate address
or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard
time on November 25, 2022.
ADDRESSES: Written comments on the application should be submitted to
the California Coastal Office, NMFS, 777 Sonoma Avenue, Santa Rosa, CA
95404. Comments may also be submitted via fax to (707) 578-3435, or by
email to: <a href="/cdn-cgi/l/email-protection#463634292134272b2b27322f25202a2931352e2768312534062829272768212930"><span class="__cf_email__" data-cfemail="d0a0a2bfb7a2b1bdbdb1a4b9b3b6bcbfa7a3b8b1fea7b3a290bebfb1b1feb7bfa6">[email protected]</span></a> (include the permit numbers
in the subject line of the fax or email).
FOR FURTHER INFORMATION CONTACT: Jodi Charrier, Santa Rosa, CA (ph.:
707-575-6069; Fax: 707-578-3435) email:
<a href="/cdn-cgi/l/email-protection#d8a8aab7bfaab9b5b5b9acb1bbbeb4b7afabb0b9f6afbbaa98b6b7b9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="a6d6d4c9c1d4c7cbcbc7d2cfc5c0cac9d1d5cec788d1c5d4e6c8c9c7c788c1c9d0">[email protected]</span></a>. The permit application is available
upon request through the contact information above, or online at
<a href="https://apps.nmfs.noaa.gov">https://apps.nmfs.noaa.gov</a>.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
The following ESA-listed species (Covered Species) are covered in
this notice:
<bullet> Coho salmon (Oncorhynchus kisutch)--Central California
Coast (CCC) and Southern Oregon/Northern California Coast (SONCC)
<bullet> Chinook salmon (O. tshawytscha).--California Coastal (CC)
<bullet> Steelhead (O. mykiss)--Central California Coast (CCC),
Northern California (NC), South-Central California Coast (S-CCC), and
Southern California Coast (SCC)
Authority
Enhancement of survival permits are issued in accordance with
Section 10(a)(1)(A) of the ESA (16 U.S.C. 1539(a)(1)(A)) and
regulations governing listed fish and wildlife permits (50 CFR part
222, subpart C). NMFS-WCR 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; (3) are consistent with the
purposes and policies of Section 2 of the ESA; (4) would further a bona
fide and necessary or desirable scientific purpose or enhance the
propagation or survival of the endangered species, taking into account
the benefits anticipated to be derived on behalf of the endangered
species; and additional issuance criteria (as listed at 50 CFR
222.308(c)(5) through (12)). The authority to take
[[Page 64773]]
listed species is subject to conditions set forth in the permits.
Anyone requesting a hearing on an application listed in this notice
should set out the specific reasons why a hearing on that application
would be appropriate (see ADDRESSES). Such hearings are held at the
discretion of the Assistant Administrator for Fisheries, NMFS.
Permit Application Received
The Applicant is requesting an enhancement of survival permit (ESP)
and execution of an associated PSHA. The PSHA would have a term of 10
years and exclusively cover streamflow augmentation by local government
or private landowners during the late spring, summer, and early fall
utilizing off-channel water sources, such as storage ponds or
groundwater wells. The covered area would include all California
coastal waterways draining to the Pacific Ocean (excluding the
Sacramento and San Joaquin rivers). The Applicant would receive the
ESP, and extend a Certificate of Inclusion to interested landowners
that qualify under the PSHA. To obtain a Certificate of Inclusion, a
landowner would need to enter into a cooperative agreement with the
Applicant and adopt an annual plan, monitoring regimes, and agree to
provide post-project summaries. The issuance of a Certificate of
Inclusion would not preclude the need for the landowners to abide by
all other applicable Federal, State, and local laws and regulations. In
order to be eligible for a Certificate of Inclusion, landowners must
meet all criteria and agree to the terms outlined in the PSHA.
The ESP would authorize incidental take that may occur as a result
of implementing the PSHA. Management activities outlined in Section 9
of the PSHA could harm, kill, or cause the capture of Covered Species
through stranding caused by unanticipated interruptions in flow
augmentation, or water quality degradation resulting from poor source
water. Water Releases could cause take in the form of harassment,
direct mortality, or injury to juvenile life stages of the Covered
Species by disrupting feeding behavior or migration behavior, or
stranding, or causing other behavior modifications. Also, when the
landowner returns their property subject to the PSHA (Enrolled
Property) to baseline conditions (defined as the natural streamflow
without supplementation) as specified in the PSHA, dewatering and
relocation activities could harm or kill individuals of the covered
species. NMFS-WCR anticipates that incidental take will be unlikely and
will only occur should unforeseeable or unavoidable circumstances
arise. The risk of such incidental take would be further avoided or
minimized through implementation of the measures outlined in Section 12
of the PSHA.
This PSHA is expected to provide a net conservation benefit for the
Covered Species and contribute, either directly or indirectly, to the
recovery of the Covered Species, which supports the issuance of an ESP
by NMFS-WCR pursuant to Section 10(a)(l)(A) of the ESA in accordance
with 50 CFR 222.308. Management activities are expected to benefit the
Covered Species by increasing smolt emigration, juvenile migration, and
redistribution success, and improving juvenile rearing habitat. These
benefits are expected to ultimately increase the population abundance
and distribution of the Covered Species.
Under U.S. Fish and Wildlife Service and NMFS' joint Safe Harbor
Policy (64 FR 32717, June 17, 1999), safe harbor agreements provide
incentives to property owners to restore, enhance, or maintain habitats
and/or populations of listed species that result in a net conservation
benefit to these species. Under the policy, landowners are provided
certainty relative to future property-use restrictions, even if their
conservation efforts attract listed species onto enrolled properties or
increase the numbers or distribution of listed species already present.
Subject to specifications in the relevant documents, these regulatory
assurances allow the landowners to alter or modify enrolled property,
even if such alteration or modification results in the incidental take
of a listed species to such an extent that it returns the species back
to the originally agreed upon baseline conditions.
Upon approval of the PSHA and consistent with the safe harbor
policy, NMFS-WCR will issue an ESP to the applicant. The ESP will
authorize the Applicant (and, here, landowners approved for a
Certificate of Inclusion) to take covered species incidental to the
implementation of the activities specified in the cooperative
agreements, annual plans, and PSHA, incidental to other lawful uses of
the enrolled properties, and to return to present baseline and elevated
baseline conditions, if specified. In addition to meeting other
criteria, actions to be performed under the enhancement of survival
permit must not jeopardize the existence of ESA-listed species.
National Environmental Policy Act
Issuance of an ESA section 10(a)(1)(A) permit constitutes a Federal
action requiring NMFS-WCR to comply with the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 40 CFR
parts 1500 through 1508 and NOAA Administrative Order 216-6,
Environmental Review Procedures for Implementing the National Policy
Act (1999). NMFS will evaluate the application(s) and determine the
level of NEPA analysis needed for this action.
Public Comments Solicited
NMFS-WCR invites the public to comment, including any written data,
views, or arguments, on the permit application during a 30-day public
comment period beginning on the date of this notice. This notice is
provided pursuant to Section 10(c) of the ESA (16 U.S.C. 1539(c)), 50
CFR 222.303. All comments and materials received, including names and
addresses, will become part of the administrative record and may be
released to the public. We provide this notice in order to allow the
public, agencies, or other organizations to review and comment on these
documents.
Next Steps
NMFS-WCR will evaluate the application, associated documents, and
comments submitted to determine whether the application meets the
requirements of Section 10(a)(1)(A) of the ESA and its implementing
regulations. The final permit decision will not be made until after the
end of the 30-day public comment period and after NMFS-WCR has fully
considered all relevant comments received. NMFS-WCR will also meet
other legal requirements prior to taking final action, including
compliance with Section 7 of the ESA. NMFS-WCR will publish notice of
its final action in the Federal Register.
Dated: October 20, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022-23242 Filed 10-25-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 26, 2022.
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