Notice2022-27395
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
December 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service (NMFS) is extending the public comment period for the proposed Elliott State Research Forest Habitat Conservation Plan (HCP). NMFS is reviewing the Incidental Take Permit (ITP) application submitted by the Oregon Department of State Lands (ODSL), who is seeking authorization from NMFS and the U.S. Fish and Wildlife Service (FWS) for the incidental take of three species (two under FWS jurisdiction, and one under NMFS jurisdiction). The FWS is the lead federal agency under the National Environmental Policy Act (NEPA), and NMFS is a cooperating agency. FWS is extending the public comment period on the Draft Environmental Impact Statement and proposed HCP until January 10, 2023; therefore, NMFS is also extending its public comment period on the proposed HCP until January 10, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 242 (Monday, December 19, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77554-77555]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27395]
-----------------------------------------------------------------------
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; extension of public comment period.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) is extending the
public comment period for the proposed Elliott State Research Forest
Habitat Conservation Plan (HCP). NMFS is reviewing the Incidental Take
Permit (ITP) application submitted by the Oregon Department of State
Lands (ODSL), who is seeking authorization from NMFS and the U.S. Fish
and Wildlife Service (FWS) for the incidental take of three species
(two under FWS jurisdiction, and one under NMFS jurisdiction). The FWS
is the lead federal agency under the National Environmental Policy Act
(NEPA), and NMFS is a cooperating agency. FWS is extending the public
comment period on the Draft Environmental Impact Statement and proposed
HCP until January 10, 2023; therefore, NMFS is also extending its
public comment period on the proposed HCP until January 10, 2023.
DATES: The comment period for the proposed HCP, notice of which was
published on November 18, 2022 (87 FR 69256), is extended until January
10, 2023. Comments must be received by 11:59 p.m. Eastern Time on
January 10, 2023.
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 through 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,
[[Page 77555]]
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#8ec5effae6e2ebebe0a0d9ebe2e2fdcee0e1efefa0e9e1f8"><span class="__cf_email__" data-cfemail="a3e8c2d7cbcfc6c6cd8df4c6cfcfd0e3cdccc2c28dc4ccd5">[email protected]</span></a>. Shauna Everett, FWS, 503-231-6949,
<a href="/cdn-cgi/l/email-protection#bbe8d3daced5dae4fecddec9decfcffbddccc895dcd4cd"><span class="__cf_email__" data-cfemail="5d0e353c28333c02182b382f3829291d3b2a2e733a322b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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 received an ITP application from ODSL on October 10, 2022,
pursuant to the ESA. ODSL prepared the HCP in support of the ITP
applications and is seeking authorization from NMFS for incidental take
of the Oregon Coast Coho salmon (covered species).
The ITP, 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, which includes School Lands and Board of Forestry Lands
managed by ODSL and 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.
NMFS is extending its public comment period on the proposed HCP to
align with the extended comment period of FWS. NMFS will be taking
public comment on the proposed HCP through January 10, 2023.
Authority: Section 10(c) of the ESA and its implementing
regulations (50 CFR 222.307, 17.22 and 17.32).
Dated: December 13, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022-27395 Filed 12-16-22; 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 December 19, 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.