[Federal Register: March 20, 2003 (Volume 68, Number 54)]
[Page 13720-13721]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Intent To Conduct Public Scoping and Prepare an 
Environmental Impact Statement Regarding the Development of a Habitat 
Conservation Plan for the Pacific Coast Population of the Western Snowy 
Plover in Oregon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent.


SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), we, 
the U.S. Fish and Wildlife Service are advising the public that we 
intend to gather information necessary to prepare an Environmental 
Impact Statement (EIS) and conduct public scoping regarding the 
potential issuance of an incidental take permit under the Endangered 
Species Act of 1973 (Act), as amended, for the threatened Pacific coast 
population of the western snowy plover (Charadrius alexandrinus 
nivosus) within Oregon. We anticipate that the Oregon Department of 
Parks and Recreation (OPRD) will develop a habitat conservation plan 
(HCP) and apply for an incidental take permit for this species covering 
beach management activities. Incidental take permits are authorized 
under section 10(a) of the Act. We are providing this notice to advise 
other agencies and the public of our intent to prepare an EIS and to 
obtain suggestions and information on the scope of issues to include in 
the EIS. This EIS will provide a comprehensive analysis of the direct, 
indirect, and cumulative effects of beach management alternatives. It 
will also analyze proposed mitigation and minimization measures for 
anticipated incidental take from the implementation of an HCP for the 
western snowy plover resulting from the HCP..

DATES: Written comments for this initial scoping phase will be accepted 
until April 28, 2003.

ADDRESSES: Send written comments to State Supervisor, Oregon Fish and 
Wildlife Office, U.S. Fish and Wildlife Service, 2600 SE 98th Avenue, 
Suite 100, Portland, OR 97266. Comments may also be submitted by 
electronic mail (e-mail) to orp&r_hcp@r1.fws.gov.

FOR FURTHER INFORMATION CONTACT: Richard Szlemp, Fish and Wildlife 
Service; telephone 503-231-6179; or Michelle Michaud, Project Manager, 
OPRD, telephone 503-378-4168, ext. 288.



    Section 9 of the Act, and its implementing Federal regulations 
prohibit the ``taking'' of a species listed as endangered or 
threatened. The term ``take'' means to harass, harm, pursue, hunt, 
shoot, wound, kill, capture or collect listed wildlife, or attempt to 
engage in such conduct. Harm includes habitat degradation or 
modification that kills or injures wildlife by significantly impairing 
essential behavioral patterns, including breeding, feeding, or 
sheltering. Under section 10(a) of the Act, we may issue permits for 
take of listed species that is incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
threatened and endangered species are found in the Code of Federal 
Regulations at 50 CFR 17.32 and 50 CFR 17.22.
    The OPRD has management responsibility on all Oregon coastal 
beaches (approximately 260 miles) for such activities as recreation, 
ocean shore alterations (riprap, seawalls, etc.), natural product 
removal (sand), and non-traditional activities (e.g., weddings, 
commercial filming, fireworks displays). Such activities may result in 
take of the threatened Pacific coast population of the western snowy 
    In accordance with section 10(a) of the Act, OPRD will prepare an 
HCP which will address conservation of western snowy plovers and their 
habitat, while providing for recreational use, non-traditional uses, 
and for ocean shore alteration activities on the entire length of 
Oregon's beaches. The proposed HCP will consider all uses on ocean 
beaches from low mean tide to the actual or statutory vegetation line, 
whichever is furthest inland, as well as all OPRD owned and managed 
coastal park units.

Availability of Comments

    Comments will be available for public inspection at OPRD, 1115 
Commercial Street, NE, Salem, Oregon. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be

[[Page 13721]]

available for public inspection in their entirety.
    Individual respondents may request confidentiality. If you wish 
your name and/or address withheld from public review or disclosure 
under the Freedom of Information Act, you must state this prominently 
at the beginning of your written comment. Such requests will be honored 
to the extent allowed by law. We will not, however, consider anonymous 

    Dated: March 14, 2003.
Rowan W. Gould,
Deputy Regional Director, Fish and Wildlife Service, Region 1, 
Portland, Oregon.
[FR Doc. 03-6677 Filed 3-19-03; 8:45 am]