[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Page 57058-57059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R1-ES-2010-NXXX; 10120-1112-0000-F2]

Oregon Parks and Recreation Department Habitat Conservation Plan 
Along the Pacific Coast in Clatsop, Tillamook, Lincoln, Lane, Douglas, 
Coos, and Curry Counties, OR

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability: final environmental impact statement 
and habitat conservation plan.


SUMMARY: Under the National Environmental Policy Act (NEPA), the U.S. 
Fish and Wildlife Service (Service) is advising the public of the 
availability of the final Environmental Impact Statement (FEIS) 
associated with an application received from the Oregon Parks and 
Recreation Department (OPRD) for an incidental take permit (permit) 
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, 
as amended (ESA). We also announce the availability of the OPRD Habitat 
Conservation Plan (HCP) as required by section 10(a)(2)(B) of the ESA. 
OPRD submitted the HCP, as well as a proposed Implementing Agreement 
(IA), as part of its incidental take permit application. If issued, the 
permit would authorize incidental take of the federally listed as 
threatened western snowy plover (Charadrius alexandrinus nivosus) 
caused by the OPRD and private landowners that engage in activities 
related to public use and recreation, beach management, and resource 
management activities along Oregon's coastal shores. The OPRD is 
requesting a 25-year permit term.
    We request comments from the public on the permit application, the 
HCP, the IA, and the FEIS, all of which are available for review. The 
Service is furnishing this notice to allow other agencies and the 
public an opportunity to review and comment on these documents. All 
comments received will become part of the public record and will be 
available for review pursuant to section 10(c) of the ESA. For 
locations to review the documents, please see the Availability of 
Documents section below.

DATES: Comments must be received from interested parties on or before 
October 18, 2010. The Service's decision on issuance of the permit will 
occur no sooner than 30 days after the publication of the Environmental 
Protection Agency notice of the FEIS in the Federal Register and will 
be documented in a Record of Decision.

ADDRESSES: All written comments and requests for information should be 
addressed to: Laura Todd, U.S. Fish and Wildlife Service, Newport Field 
Office, 2127 SE OSU Drive, Newport, OR 97365-5258; facsimile (541) 867-
4551. You may submit comments by postal mail/commercial delivery or by 
e-mail. Submit comments by e-mail to FW1ORDHCP@fws.gov; in the subject 
line of the e-mail include the identifier OPRD HCP EIS. Comments and 
materials received also will be available for public inspection, by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Laura Todd at (541) 867-4558 or see 


Availability of Documents

    You may obtain copies of the documents for review by contacting 
Laura Todd (see FOR FURTHER INFORMATION CONTACT); or by making an 
appointment to view the documents at the above address during normal 
business hours. You may view or download the HCP and FEIS on the 
Internet at www.fws.gov/oregonfwo/Species or the HCP from OPRD's Web 
site at egov.oregon.gov/OPRD/PLANS/osmp--hcp.shtml.
    Copies of the HCP and FEIS will be available at the following 
libraries: Astoria Public Library, 450 Tenth St., Astoria, Oregon 
97103; Bandon Public Library, City Hall, Hwy. 101, Bandon, Oregon 
97411; Chetco Community Public Library, 405 Alder St., Brookings, 
Oregon 97415; Coos Bay Public Library, 525 Anderson, Coos Bay, Oregon 
97420; Siuslaw Public Library District, 1460 9th St., Florence, Oregon 
97439; Garibaldi Branch Library, Garibaldi City Hall, 107 Sixth St., 
Garibaldi, Oregon 97118; Curry Public Library, 29775 Colvin St., Gold 
Beach, Oregon 97444; Langlois Public Library, 48234 Hwy. 101, Langlois, 
Oregon 97450; Driftwood Public Library, 801 SW. Highway 101, Suite 201, 
Lincoln City, 97367-2720; Manzanita Branch Library, 571 Laneda, 
Manzanita, Oregon 97130; Newport Public Library, 35 NW. Nye St., 
Newport, Oregon 97365; Marilyn Potts Guin Library, Hatfield Marine 
Science Center, Oregon State University, 2030

[[Page 57059]]

Marine Science Drive, Newport, OR 97365; South Tillamook Branch 
Library, 6200 Camp St., Pacific City, OR 97135; Port Orford Public 
Library, 555 W. 20th St., Port Orford, Oregon 97465; Reedsport Branch 
Library, 395 Winchester Ave., Reedsport, Oregon 97467; Seaside Public 
Library, 60 N. Roosevelt Blvd., Seaside, Oregon 97138; Tillamook County 
Library, 1716 3rd St., Tillamook, Oregon 97141; Waldport Public 
Library, 460 Hemlock, Waldport, Oregon 97394; Warrenton Community 
Library, 225 S. Main Ave., Warrenton, Oregon 97146; and the Yachats 
Public Library, 560 W. 7th St., P.O. Box 817, Yachats, OR 97498.


    Section 9 of the ESA (16 U.S.C. 1538) and the implementing 
regulations prohibit the ``take'' of fish and wildlife species listed 
as endangered or threatened. The term ``take'' is defined under the ESA 
to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect, or to attempt to engage in any such conduct (16 U.S.C. 
1532). ``Harm'' is defined by Service regulation to include significant 
habitat modification or degradation where it actually kills or injures 
listed wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, and sheltering (50 CFR 17.3(c)). 
However, under limited circumstances, the Service may issue permits to 
authorize the ``incidental take'' of listed species. Incidental take is 
defined by the ESA as take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Regulations governing 
incidental take permits for threatened and endangered species are found 
at 50 CFR 17.32 and 17.22, respectively.
    The OPRD has management responsibility on all Oregon coastal 
beaches, which extend for approximately 230 miles, for such activities 
as public use and recreation, beach management conducted by staff, and 
natural resource management. These activities may result in the 
incidental take of the threatened Pacific Coast population of the 
western snowy plover (Charadrius alexandrinus nivosus). As a result, 
the OPRD has prepared a 25-year HCP that addresses the incidental take 
of the western snowy plover. The HCP forms the basis of OPRD's permit 
application that was submitted to the Service and is the proposed 
action in the Service's FEIS.
    Activities that the OPRD is proposing for permit coverage, and for 
which minimization and mitigation measures are described in the HCP 
1. Public Use
    a. Dog Exercising
    b. Driving
    c. Recreational Activities
    d. Non-Motorized Vehicle Use
    e. Other Dry Sand Activities
2. Beach Management
    a. Public Safety
    b. Law Enforcement
    c. Boat and Marine Mammal Strandings
3. Natural Resource Management
a. Snowy Plover Management
b. Other Habitat Restoration

Public Involvement

    The Service formally initiated an environmental review of the 
project through publication of a Notice of Intent to prepare an 
Environmental Impact Statement in the Federal Register on March 20, 
2003 (68 FR 13720). That notice also announced a public scoping period 
through April 28, 2003, during which interested parties were invited to 
provide written comments expressing their issues or concerns relating 
to the proposal. In a letter jointly signed by the OPRD and the 
Service, agencies and the public were notified of the opportunity to 
comment and the dates and locations of public meetings. The public 
meetings were also posted on the OPRD's Web site. In March 2003, four 
public meetings were held in Coos Bay, Newport, Tillamook, and 
Portland. Utilizing the public scoping comments, the Service prepared a 
draft EIS to analyze the effects of the alternatives on the human 
environment. The draft EIS was released for a 60-day public comment on 
November 5, 2007, and the comment period was extended for an additional 
15 days on February 26, 2008. The official comment period ended on 
March 12, 2008.

Public Review

    Copies of the final FEIS, HCP, and IA are available for review (see 
Availability of Documents above). Any comments we receive will become 
part of the administrative record and may be available to the public.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. If you wish us 
to withhold your name and/or address, you must state this prominently 
at the beginning of your comment. While you can ask us in your comment 
to withhold your personal identifying information from public review, 
we cannot guarantee that we will be able to do so. We will honor your 
request to withhold your personal information to the extent allowable 
by law.
    This notice is provided pursuant to section 10(c) of the ESA and 
Service regulations for implementing NEPA, as amended (40 CFR 1506.6). 
We will evaluate the application, associated documents, and comments 
submitted to determine whether the application meets the requirements 
of section 10(a) of the ESA. A permit decision will be made no sooner 
than 30 days after the publication of the EPA's FEIS notice in the 
Federal Register and completion of the Record of Decision. If we 
determine that all requirements are met, we will issue an incidental 
take permit under section 10(a)(1)(B) of the ESA to the OPRD for take 
of the western snowy plover, incidental to otherwise lawful activities 
in accordance with the HCP, the IA, and the permit.

    Dated: August 11, 2010.
Carolyn A. Bohan,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service, Region 
1, Portland, Oregon.
[FR Doc. 2010-23108 Filed 9-16-10; 8:45 am]