Notice2023-19437
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
September 12, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS issued an Incidental Take Permit (ITP) to Port Blakely, pursuant to the Endangered Species Act (ESA) of 1973, as amended, for the incidental take of ESA-listed species on the John Franklin Eddy Forestlands located in the Clackamas River and Molalla River basins of Oregon. The ITP is issued for a duration of 50 years. The ITP application and Port Blakely Habitat Conservation Plan (HCP) were submitted to NMFS pursuant to the ESA. NMFS also prepared a Final Environmental Assessment (EA) and a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) associated with NMFS' issuance of the ITP for the HCP.
Full Text
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<title>Federal Register, Volume 88 Issue 175 (Tuesday, September 12, 2023)</title>
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[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62550-62551]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19437]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD326]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; Issuance of one Endangered Species Act incidental take
permit; availability of the Final Environmental Assessment and Finding
of No Significant Impact.
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SUMMARY: Notice is hereby given that NMFS issued an Incidental Take
Permit
[[Page 62551]]
(ITP) to Port Blakely, pursuant to the Endangered Species Act (ESA) of
1973, as amended, for the incidental take of ESA-listed species on the
John Franklin Eddy Forestlands located in the Clackamas River and
Molalla River basins of Oregon. The ITP is issued for a duration of 50
years. The ITP application and Port Blakely Habitat Conservation Plan
(HCP) were submitted to NMFS pursuant to the ESA. NMFS also prepared a
Final Environmental Assessment (EA) and a Finding of No Significant
Impact (FONSI) under the National Environmental Policy Act (NEPA)
associated with NMFS' issuance of the ITP for the HCP.
DATES: The ITP (No. 26729) was issued to Port Blakely on September 8,
2023, and the necessary countersignatures by the applicants were
received on September 8, 2023. The expiration date of the ITP is
September 1, 2073. The issued ITP is subject to certain conditions set
forth therein.
ADDRESSES: The permit, the Final EA and FONSI, and other related
documents are available on the NMFS West Coast Region website 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#59383737303c773b302b37303c1937363838773e362f"><span class="__cf_email__" data-cfemail="08696666616d266a617a66616d4866676969266f677e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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 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 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. NMFS received the ITP
application and draft HCP on February 10, 2022.
On June 14, 2022, NMFS published a Notice of Receipt and Notice of
Availability in the Federal Register (87 FR 35970) asking for public
comments on the draft HCP and the associated draft NEPA EA. NMFS
received two comments and these comments were addressed as changes to
the final EA. The requested permit has been issued under the authority
of the ESA on September 8, 2023. This ITP authorizes the incidental
take of ESA-listed species set forth in the HCP over the 50-year permit
term.
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 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 provides for authorizing incidental take of
listed species. NMFS regulations governing permits for threatened and
endangered species are promulgated at 50 CFR 222.307
Dated: September 5, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023-19437 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-22-P
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