Notice2024-05703
Incidental Take of Endangered Species; PacifiCorp Klamath Hydroelectric Project Interim Operations Habitat Conservation Plan in OR and CA; Permit Transfer
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
March 18, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
In 2014, under the Endangered Species Act, we, the U.S. Fish and Wildlife Service (Service), issued an incidental take permit (ITP) authorizing take of two federally endangered fish species incidental to otherwise lawful activities associated with implementation of the PacifiCorp Klamath Hydroelectric Project Interim Operations Habitat Conservation Plan. Subsequently, the Klamath River Renewal Corporation and the States of Oregon and California acquired ownership of lands covered by the ITP. We now announce that the Service has carried out a partial transfer of the ITP to these entities.
Full Text
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<title>Federal Register, Volume 89 Issue 53 (Monday, March 18, 2024)</title>
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[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19338-19339]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05703]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2024-N012; FXES11140800000-245-FF08EKLA00]
Incidental Take of Endangered Species; PacifiCorp Klamath
Hydroelectric Project Interim Operations Habitat Conservation Plan in
OR and CA; Permit Transfer
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of permit transfer.
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SUMMARY: In 2014, under the Endangered Species Act, we, the U.S. Fish
and Wildlife Service (Service), issued an incidental take permit (ITP)
authorizing take of two federally endangered fish species incidental to
otherwise lawful activities associated with implementation of the
PacifiCorp Klamath Hydroelectric Project Interim Operations Habitat
Conservation Plan. Subsequently, the Klamath River Renewal Corporation
and the States of Oregon and California acquired ownership of lands
covered by the ITP. We now announce that the Service has carried out a
partial transfer of the ITP to these entities.
FOR FURTHER INFORMATION CONTACT: Rachel Henry, Regional Habitat
Conservation Planning Coordinator, by email at <a href="/cdn-cgi/l/email-protection#a6d4c7c5cec3caf9cec3c8d4dfe6c0d1d588c1c9d0"><span class="__cf_email__" data-cfemail="f78596949f929ba89f9299858eb7918084d9909881">[email protected]</span></a> or
by telephone at 805-448-7484. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: On January 28, 2013, we, the U.S. Fish and
Wildlife Service, published a Federal Register notice announcing the
availability for public comment of a draft environmental assessment
(EA) under the National Environmental Policy Act (NEPA) for the interim
operations of the Klamath Hydroelectric Project on the Klamath River,
in Klamath County, Oregon, and Siskiyou County, California (78 FR 5830;
January 28, 2013).
The EA was in association with an incidental take permit (ITP)
application we received from PacifiCorp under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), for take of two
fish species, the Lost River sucker (Deltistes luxatus) and the
shortnose sucker (Chasmistes
[[Page 19339]]
brevirostris), both of which are federally listed as endangered. After
considering comments, on February 20, 2014, we issued the ITP to
PacifiCorp, authorizing take of the species incidental to otherwise
lawful activities associated with implementation of the PacifiCorp
Klamath Hydroelectric Project Interim Operations Habitat Conservation
Plan (HCP).
Subsequently, the Klamath River Renewal Corporation (KRRC) and the
States of Oregon and California acquired ownership of lands covered by
the ITP for the HCP. The KRRC and the States of Oregon and California
expressed the desire to continue implementing pertinent provisions of
the HCP on these lands and to continue to be covered by an ITP.
Partial transfer of an ITP is expressly authorized at 50 CFR 13.25.
On November 30, 2023, KRRC and the States of Oregon and California
submitted to the Service an application for an ITP, along with the
assignment and assumption agreement to fulfill the requirements of
processing the partial transfer of the HCP to KRRC and the States of
Oregon and California.
On December 19, 2023, the Service, the KRRC, the States of Oregon
and California, and PacifiCorp entered into an assignment and
assumption agreement to facilitate the transfer of all relevant
obligations to the KRRC and the States of Oregon and California and the
partial transfer of permit TE52096A from PacifiCorp to KRRC and the
States of Oregon and California, pursuant to 50 CFR 13.25.
Notice is hereby given that, on December 19, 2023, as authorized by
the provisions of the ESA, the Service issued an ITP (PER 6149438) to
KRRC and the States of Oregon and California subject to certain
conditions set forth therein. The permit was granted only after the
Service determined that it was applied for in good faith, that granting
the permit would not be to the disadvantage of the endangered species,
and that it will be consistent with the purposes and policies set forth
in the ESA.
Authority
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.32) and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).
Jennie Land,
Field Supervisor, Klamath Falls Fish and Wildlife Office, Klamath
Falls, Oregon.
[FR Doc. 2024-05703 Filed 3-15-24; 8:45 am]
BILLING CODE 4333-15-P
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