Notice2026-18381
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 9, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS issued an incidental take permit (ITP) to Pierce County Planning and Public Works (Pierce County), pursuant to the Endangered Species Act (ESA) of 1973, as amended, for the incidental take of ESA-listed species in Pierce County, Washington. The ITP is issued for a duration of 30 years. The ITP application and Pierce County Planning and Public Works Flood Risk Reduction Structures Maintenance and Operations 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 91 Issue 173 (Wednesday, September 9, 2026)</title>
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[Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)]
[Notices]
[Page 57320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18381]
[[Page 57320]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF988]
Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental take permit.
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SUMMARY: Notice is hereby given that NMFS issued an incidental take
permit (ITP) to Pierce County Planning and Public Works (Pierce
County), pursuant to the Endangered Species Act (ESA) of 1973, as
amended, for the incidental take of ESA-listed species in Pierce
County, Washington. The ITP is issued for a duration of 30 years. The
ITP application and Pierce County Planning and Public Works Flood Risk
Reduction Structures Maintenance and Operations 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 publication date for this action is September 9, 2026.
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/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: David Price, NMFS, 253-693-0792,
<a href="/cdn-cgi/l/email-protection#93f7f2e5faf7bde3e1faf0f6d3fdfcf2f2bdf4fce5"><span class="__cf_email__" data-cfemail="0165607768652f7173686264416f6e60602f666e77">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Species Covered in the HCP
ESA-Listed Species Covered by NMFS
<bullet> Chinook Salmon (Oncorhynchus tshawytscha) threatened Puget
Sound evolutionary significant unit;
<bullet> Steelhead (O. mykiss) threatened Puget Sound distinct
population segment.
Non-ESA-Listed Species Covered by NMFS
<bullet> Coho salmon (O. kisutch) Puget Sound/Strait of Georgia
evolutionary significant unit.
ESA-Listed Species Covered by U.S. Fish and Wildlife Service (USFWS)
<bullet> Bull trout (Salvelinus confluentus) threatened coastal
recovery unit distinct population segment.
Non-ESA-listed Species Covered by USFWS
<bullet> Pacific lamprey (Entosphenus tridentatus), distinct
population segment;
<bullet> River lamprey (Lampetra ayresii) distinct population
segment;
<bullet> Western brook lamprey (L. richardsoni) distinct population
segment.
Hereafter, these seven species are collectively referred to as the
``covered species.''
Background
Section 10(a)(1)(B) of the ESA, as amended (16 U.S.C. 1531 et
seq.), authorizes NMFS and the 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, Pierce County prepared an HCP that provides
an assessment of impacts of its flood risk reduction structures
maintenance and operations in and along the Puyallup, White, and
Nisqually Rivers in Pierce County on the covered 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 HCP in November 2024 from Pierce
County, in accordance with the requirements of the ESA.
On July 23, 2025, NMFS published a notice of receipt and
availability in the Federal Register (90 FR 34642) asking for public
comments on the draft HCP and the associated draft NEPA EA. NMFS
received two comment letters and responses to those comments were
included in the final EA. The requested permit has been issued under
the authority of the ESA on July 8, 2026. This ITP authorizes the
incidental take of ESA-listed species set forth in the HCP over the 30-
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 and implementing regulations provide 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 3, 2026.
Jennifer Quan,
Regional Administrator, West Coast Region, National Marine Fisheries
Service.
[FR Doc. 2026-18381 Filed 9-8-26; 8:45 am]
BILLING CODE 3510-22-P
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