Notice2025-13833

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
July 23, 2025

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

Notice is hereby given that NMFS and United States Fish and Wildlife Service (USFWS) received an Incidental Take Permit application for the Pierce County Planning and Public Works (Pierce County or applicant) Habitat Conservation Plan (HCP). The HCP has been submitted pursuant to the Endangered Species Act (ESA) of 1973, as amended. NMFS has also prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) describing the potential effects of NMFS' and USFWS' proposed issuance of the permit associated with the submitted HCP. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on these documents. All comments and other information received will become part of the public record and will be available for review.

Full Text

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<title>Federal Register, Volume 90 Issue 139 (Wednesday, July 23, 2025)</title>
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[Federal Register Volume 90, Number 139 (Wednesday, July 23, 2025)]
[Notices]
[Pages 34642-34643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13833]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XF015]


Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of Incidental Take Permit application and 
Habitat Conservation Plan; availability of a draft environmental 
assessment; request for comments.

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SUMMARY: Notice is hereby given that NMFS and United States Fish and 
Wildlife Service (USFWS) received an Incidental Take Permit application 
for the Pierce County Planning and Public Works (Pierce County or 
applicant) Habitat Conservation Plan (HCP). The HCP has been submitted 
pursuant to the Endangered Species Act (ESA) of 1973, as amended. NMFS 
has also prepared a draft environmental assessment (EA) under the 
National Environmental Policy Act (NEPA) describing the potential 
effects of NMFS' and USFWS' proposed issuance of the permit associated 
with the submitted HCP. NMFS is furnishing this notice in order to 
allow other agencies and the public an opportunity to review and 
comment on these documents. All comments and other information received 
will become part of the public record and will be available for review.

DATES: Comments or requests for a public hearing on the application 
must be received at the appropriate address (see ADDRESSES) no later 
than 5 p.m. Pacific Standard Time on August 22, 2025.

ADDRESSES: Written comments on the submitted HCP and/or the draft EA 
should be addressed to the NMFS South Coast Washington Branch 
Supervisor, NOAA Fisheries West Coast Region, 1009 College St. 
Southeast, Suite 210, Lacey, WA 98503. Comments may also be submitted 
via email to <a href="/cdn-cgi/l/email-protection#efbf868a9d8c8aac809a819b96a7acbfaf81808e8ec1888099"><span class="__cf_email__" data-cfemail="b0e0d9d5c2d3d5f3dfc5dec4c9f8f3e0f0dedfd1d19ed7dfc6">[email&#160;protected]</span></a> with the subject line of the 
email the following identifier: Comments on Pierce County

[[Page 34643]]

HCP. Please specify whether the comments provided are associated with 
the HCP or the draft EA. When commenting, please refer to the specific 
page number and the subject of your comment. The documents are 
available on the internet at: <a href="https://www.fisheries.noaa.gov/action/pierce-county-and-public-works-flood-risk-reduction-structures-maintenance-and-operations">https://www.fisheries.noaa.gov/action/pierce-county-and-public-works-flood-risk-reduction-structures-maintenance-and-operations</a>.

FOR FURTHER INFORMATION CONTACT: Irma Lagomarsino, NMFS, telephone 
(503) 231-6718 or email at <a href="/cdn-cgi/l/email-protection#622b100f034c0e03050d0f0310110b0c0d220c0d03034c050d14"><span class="__cf_email__" data-cfemail="eca59e818dc2808d8b83818d9e9f858283ac82838d8dc28b839a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Species Covered in the HCP

Species Under NMFS Jurisdiction

    Threatened species include Chinook Salmon (Oncorhynchus 
tshawytscha) Evolutionary Significant Unit (ESU) (Puget Sound ESU) and 
Steelhead (O. mykiss) distinct population segment (DPS) (Puget Sound 
DPS). The unlisted species is Coho salmon (O. kisutch) Evolutionary 
Significant Unit (ESU): (Puget Sound/Strait of Georgia ESU).

Species Under USFWS Jurisdiction

    The threatened species is Bull trout (Salvelinus confluentus), 
distinct population segment (DPS) (Coastal Recovery Unit). Unlisted 
species include Pacific lamprey (Entosphenus tridentatus), distinct 
population segment, River lamprey (Lampetra ayresii) distinct 
population segment, and Western brook lamprey (L. richardsoni) distinct 
population segment.
    Hereafter, these seven species are collectively referred to as the 
``covered species.''

Background

    The USFWS and NMFS received incidental take permit (ITP) 
applications in November 2024 from Pierce County, in accordance with 
the requirements of the ESA (16 U.S.C. 1532 et seq.). Pierce County 
prepared an HCP in support of its applications and are seeking 30-year 
ITPs for incidental take of seven covered species, three of which fall 
under NMFS jurisdiction. The ITPs, if issued, would authorize take of 
the covered species that may occur incidental to the maintenance and 
operations activities associated with Pierce County owned flood risk 
reduction structures in and along the Puyallup, White, and Nisqually 
Rivers in Pierce County, Washington. The HCP addresses potential 
impacts that will likely result from the taking of covered species and 
describes the steps the applicant will undertake to avoid, minimize, 
and mitigate such impacts. The HCP also describes alternatives 
considered by the applicant, monitoring protocols, funding assurances, 
and procedures to account for unforeseen or extraordinary 
circumstances.
    NMFS prepared a draft EA in response to the ITP applications in 
accordance with the requirements of NEPA (42 U.S.C. 4321 et seq.). NMFS 
is the lead agency and USFWS is a cooperating agency for the action. We 
are making the HCP and EA available for public review and comment.

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 
a permit, 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 provide for 
authorizing incidental take of listed species.
    NEPA requires Federal agencies to conduct an environmental analysis 
of their proposed actions to determine if the actions may affect the 
human environment. Therefore, NMFS is seeking public input on the scope 
of the required NEPA analysis in the EA, including the range of 
reasonable alternatives and associated impacts of any alternatives.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
submitted to determine whether the application meets the requirements 
of section 10(a) of the ESA and Federal regulations. The final permit 
decision will not be made until after the end of the comment period. 
NMFS will publish notice of its final action in the Federal Register.

    Dated: July 18, 2025.
Jennifer Quan,
Regional Administrator, West Coast Region, National Marine Fisheries 
Service.
[FR Doc. 2025-13833 Filed 7-22-25; 8:45 am]
BILLING CODE 3510-22-P


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Indexed from Federal Register on July 23, 2025.

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