Notice2022-24883
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 18, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) have received separate ITP applications from the Oregon Department of State Lands (ODSL; applicant), associated with the Elliott State Research Forest HCP. The applications, including the HCP, have been submitted pursuant to Section 10 of the Endangered Species Act of 1973, as amended. The applicant is seeking authorization from FWS and NMFS (together, the Services) for the incidental take of three species expected to result from research and management-related activities on the Elliott State Forest in Coos and Douglas Counties, Oregon. These research and management activities include timber removal and infrastructure maintenance. FWS is the lead Federal agency under the National Environmental Policy Act (NEPA), and NMFS is a cooperating agency. The availability of the Draft Environmental Impact Statement was announced separately by FWS. NMFS is seeking public comments on the HCP.
Full Text
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<title>Federal Register, Volume 87 Issue 222 (Friday, November 18, 2022)</title>
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[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69256-69257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24883]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC541]
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; Receipt of a proposed Habitat
Conservation Plan (HCP); Incidental Take Permit (ITP) application;
announcement of public meeting; request for comments.
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SUMMARY: We, the National Marine Fisheries Service (NMFS) and the U.S.
Fish and Wildlife Service (FWS) have received separate ITP applications
from the Oregon Department of State Lands (ODSL; applicant), associated
with the Elliott State Research Forest HCP. The applications, including
the HCP, have been submitted pursuant to Section 10 of the Endangered
Species Act of 1973, as amended. The applicant is seeking authorization
from FWS and NMFS (together, the Services) for the incidental take of
three species expected to result from research and management-related
activities on the Elliott State Forest in Coos and Douglas Counties,
Oregon. These research and management activities include timber removal
and infrastructure maintenance. FWS is the lead Federal agency under
the National Environmental Policy Act (NEPA), and NMFS is a cooperating
agency. The availability of the Draft Environmental Impact Statement
was announced separately by FWS. NMFS is seeking public comments on the
HCP.
DATES: We will accept online or hardcopy comments. Hardcopy comments
must be received or postmarked on or before December 19, 2022 (See
ADDRESSES). Comments submitted online at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
must be received by 11:59 p.m. Eastern Time on December 19, 2022.
Public Meetings: FWS is hosting a public meeting during the public
comment and review period. A meeting link will be posted to the FWS
project web page (<a href="https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan">https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan</a>) prior to the meeting. The public
meeting will be held virtually at the following time:
<bullet> December 13, 2022, from 2 p.m. to 3:30 p.m. Pacific Time.
ADDRESSES:
Written Comments: Written comments on the proposed HCP will be
accepted via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter FWS-R1-ES-2022-0029 in the Search Box.
Follow instructions for submitting comments on Docket FWS-R1-ES-2022-
0029. When commenting, please refer to the specific section and/or page
number and the subject of your comment.
Instructions: Written comments submitted though any other method,
or received after the end of the comment period, may not be considered
by NMFS. All comments received are part of the public record and will
generally be posted for public viewing on <a href="http://www.regulations.gov">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. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Kathleen Wells, NMFS, 503-230-5437,
<a href="/cdn-cgi/l/email-protection#89c2e8fde1e5ecece7a7deece5e5fac9e7e6e8e8a7eee6ff"><span class="__cf_email__" data-cfemail="f6bd97829e9a939398d8a1939a9a85b698999797d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This Notice
Species covered by NMFS:
<bullet> Coho salmon (Oncorhynchus kisutch): Threatened.
Species covered by FWS:
<bullet> Northern spotted owl (Strix occidentalis): Threatened.
<bullet> Marbled murrelet (Brachyramphus marmoratus): Threatened.
Background
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 FWS
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 FWS) provide for
authorizing incidental take of listed species.
NMFS and FWS received separate ITP applications from ODSL on
October 10, 2022, pursuant to the ESA. ODSL prepared the HCP in support
of both ITP applications and is seeking authorization from NMFS and FWS
for
[[Page 69257]]
incidental take of the species described above.
The ITPs, if issued, would authorize take of the covered species
that may occur incidental to ODSL's research and forest management
activities (the covered activities). The plan area includes a total of
93,432 acres (378.11 km\2\), which includes School Lands and Board of
Forestry Lands managed by ODSL and the Oregon Department of Forestry
(ODF). The covered activities include the foundational research design
of the Elliott State Research Forest proposal including; forest
research treatments; operation standards, by research treatment
designation; projected harvest timing, amount, and amount of harvest
types, and methods; supporting management activities; supporting
infrastructure, including roads and facilities; potential research
projects; and implementation of the HCP's conservation strategy.
The HCP specifies the impacts that will likely result from the
taking of covered species and describes the steps that ODSL will take
to minimize and offset such impacts. The HCP also describes the covered
species' life history and ecology, as well as biological goals and
objectives of the HCP, adaptive management, monitoring, and funding
assurances.
NMFS is seeking public input on the HCP. We specifically request
information on the following:
1. Biological information, analysis, and relevant data concerning
the covered species, other wildlife, and ecosystems.
2. Potential effects that the proposed permit actions could have on
the covered species, 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. Alternatives to the proposed action.
4. Adequacy of the conservation strategy to minimize and mitigate
the impact of the taking on covered species.
5. Other information relevant to the HCP.
The Services will each make their permit decision on the statutory
and regulatory criteria of the ESA. Their decisions will also be
informed by the data, analyses, and public comments received on the
Draft EIS and HCP. The Services will each document their determinations
independently in an ESA Section 10 findings document, and an ESA
section 7 biological opinion. It is NMFS' intent to adopt the EIS and
issue its own record of decision to complete the NEPA process. 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 222.307, 17.22, and 17.32).
Dated: November 9, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022-24883 Filed 11-17-22; 8:45 am]
BILLING CODE 3510-22-P
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