[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11870-11871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-30]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 0648-XB90
Availability of a Draft Environmental Assessment/Habitat
Conservation Plan, and Receipt of Applications for Incidental Take
Permits from the Broughton Land Company, Columbia County, Washington
AGENCIES: U.S. Fish and Wildlife Service (FWS), Interior; National
Marine Fisheries Service (NMFS), National Oceanic and Atmospheric
Administration, Commerce.
ACTION: Notice of Availability.
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SUMMARY: The FWS and the NMFS (collectively, the Services) announce
the availability for public review of a combined draft Environmental
Assessment/Habitat Conservation Plan (EA/HCP) pertaining to an
application by the Broughton Land Company (BLC) for incidental take
permits (ITPs) pursuant to the Endangered Species Act of 1973, as
amended (ESA). The draft EA/HCP addresses the proposed issuance of ITPs
by the Services to the BLC for land management activities in Columbia
County, Washington, that are identified in the HCP portion of the draft
document. The proposed ITPs would authorize take, incidental to
otherwise lawful activities, of the following threatened fish species:
the bull trout (Salvelinus confluentus); Snake River spring/summer
Chinook salmon and the Snake River fall Chinook salmon (both
Oncorhynchus tshawytscha); and the middle Columbia River steelhead
trout and the Snake River steelhead trout (both O. mykiss).
We request comments from the public on the permit applications and
the draft EA/HCP, all of which are available for review. The EA/HCP
describes the proposed action and the measures that the BLC will
implement to minimize and mitigate take of the threatened fish species
discussed above. To review the documents, see ``Availability of
Documents'' in the SUPPLEMENTARY INFORMATION section below.
DATES: All comments must be received on or before April 4, 2008.
ADDRESSES: Please address written comments to the FWS Field
Supervisor, Upper Columbia Fish and Wildlife Office, 11103 East
Montgomery Drive, Spokane, WA 99206. You may also send
[[Page 11871]]
comments by facsimile to (509) 891-6748 or by e-mail to
fw1broughtonhcp@fws.gov.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Michelle Eames, Project Manager, FWS, at (509) 893-8012, (509)
893-8010, or Dennis Carlson, Project Manager, NMFS, at (360) 753-5828.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the draft documents listed above are available for public
inspection and review during normal business hours at the FWS's Upper
Columbia Fish and Wildlife Office and at the Dayton Public Library, 111
South 3rd Street, Dayton, WA 99382. You can also request copies by
contacting the Services (see FOR FURTHER INFORMATION CONTACT section
above) or on the internet at: http://www.fws.gov/easternwashington. The
Services are soliciting comments from state and other Federal agencies,
Tribes, and the public on these documents. All comments received will
become part of the public record for this proposed action.
Background
Section 9 of the ESA (16 U.S.C. 1538) and the implementing
regulations prohibit the ``taking'' of endangered or threatened species
without a special exemption. The term take is defined under the ESA (16
U.S.C. 1532(19)) to mean harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or attempt to engage in any such
conduct. ``Harm'' is defined by FWS regulation to include significant
habitat modification or degradation where it actually kills or injures
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, and sheltering (50 CFR 17.3). The NMFS
definition of harm includes significant habitat modification or
degradation where it actually kills or injures fish or wildlife by
significantly impairing essential behavioral patterns, including
breeding, feeding, spawning, migrating, rearing, and sheltering (50 CFR
222.102).
Section 10 of the ESA and the implementing regulations specify the
requirements for the issuance of ITPs to non-Federal parties for the
take of endangered and threatened species. Any proposed take must be
incidental to otherwise lawful activities, must not appreciably reduce
the likelihood of the survival and recovery of the species in the wild,
and must minimize and mitigate the impact of such take to the maximum
extent practicable. In addition, an applicant must prepare an HCP
describing the impact that will likely result from such taking, the
strategy for minimizing and mitigating the incidental take, the funding
available to implement such steps, alternatives to such taking, and the
reasons such alternatives are not being implemented. The FWS
regulations governing permits for federally endangered and threatened
species are found at 50 CFR 13.21. The NMFS regulations governing
permits for federally endangered and threatened species are found at 50
CFR 222.307.
The National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et
seq.) requires that Federal agencies conduct an environmental analysis
of their proposed actions to determine if the actions may significantly
affect the human environment. Under NEPA, a reasonable range of
alternatives to a proposed action must be developed and considered in
the agencies' environmental review. Alternatives considered in an HCP
environmental analysis may include: variations in the scope of covered
activities; variations in the location, amount, and type of
conservation; variations in permit duration; or a combination of these
elements.
The BLC applied to the Services for two ITPs, which would authorize
take of several threatened fish species. The FWS would issue an ITP to
cover incidental take of the bull trout, and NMFS would issue an ITP to
cover incidental take of the Snake River spring/summer Chinook salmon,
Snake River fall Chinook salmon, middle Columbia River steelhead trout,
and the Snake River steelhead trout. The proposed ITPs would authorize
the take of those species incidental to otherwise lawful activities,
including: (1) agricultural practices, including dry land and irrigated
crop production; (2) livestock grazing; and (3) timber harvest
(including final and intermediate harvesting, pre-commercial thinning,
and salvage harvest activities). Each of the alternatives described and
analyzed in the EA portion of the draft HCP/EA cover approximately
38,000 acres in various parcels in Columbia County, Washington. The
proposed duration of the ITPs and HCP would be 25 years, although many
aspects of the HCP's conservation strategy are intended to benefit
aquatic species and their habitat beyond the term of the proposed
permits. Should the permits be issued, they would include assurances
under the Services' ``No Surprises'' regulations, which specify that as
long as the terms of the HCP and the Permits are implemented, no
additional conservation or mitigation measures will be required of the
BLC, with respect to the covered species listed above, except as
provided for in the HCP or required by a change in law. The draft EA/
HCP identifies HCP alternatives considered by the BLC, NEPA
alternatives considered in the EA, and explains why those alternatives
were not selected.
The Services will evaluate the applications, associated documents,
and public comments to determine whether the applications meet the
requirements of NEPA regulations and section 10(a) of the ESA.
Specifically, the applications will be evaluated to determine if they
meet the following issuance criteria in section 10(a)(2)(B) of the ESA:
the taking will be incidental; the applicant will, to the maximum
extent practicable, minimize and mitigate the impacts of such taking;
the applicant will ensure that adequate funding for the HCP will be
provided; the taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and any other
measures that the Secretaries of Commerce or the Interior may require
as being necessary or appropriate for the purposes of the HCP will be
taken. If it is determined that the requirements are met, NMFS and the
FWS will issue permits for the incidental take of the covered species
under their respective jurisdictions. The final EA will not be
completed and permit decisions will not be made until after the end of
the 30-day comment period. The final EA and permit decisions will fully
consider all public comments received during the comment period.
Dated: February 28, 2008.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
Dated: February 28, 2008.
David J. Wesley,
Deputy Regional Director, Fish and Wildlife Service, Region 1,
Portland, Oregon.
[FR Doc. E8-4262 Filed 3-4-08; 8:45 am]