[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66292-66294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27887]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2018-N089; FXES11140100000-189-FF01E00000]
Endangered and Threatened Wildlife and Plants; Capitol Boulevard
Infrastructure Improvements Habitat Conservation Plan and Environmental
Assessment for the Olympia Subspecies of the Mazama Pocket Gopher,
Thurston County, Washington
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an
application from the City of Tumwater Public Works Department for an
incidental take permit (ITP) pursuant to the Endangered Species Act.
The application includes a habitat conservation plan (HCP), which
describes the actions the applicant will take to minimize and mitigate
the impacts of the taking of the threatened Olympia subspecies of the
Mazama pocket gopher that may occur incidental to the otherwise lawful
activities during construction of safety and infrastructure
improvements at the intersection of Capitol Boulevard and Tumwater
Boulevard in Tumwater, Washington.
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We also announce the availability of a draft environmental assessment
addressing the HCP and proposed permit. We invite the public to review
and comment on the documents.
DATES: To ensure consideration, please submit written comments by
January 25, 2019.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods:
Internet: You may view or download copies of the HCP and
draft EA and obtain additional information on the internet at http://www.fws.gov/wafwo/.
Email: wfwocomments@fws.gov. Include ``City of Tumwater
Capitol Boulevard Safety and Infrastructure Improvements HCP/EA'' in
the subject line of the message.
U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2018-N089; U.S. Fish and Wildlife Service, Washington Fish and Wildlife
Office, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503.
In-Person Drop-off, Viewing, or Pickup: Call 360-753-5823
to make an appointment (necessary for viewing or picking up documents
only) during regular business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning
and Hydropower Branch Manager, Washington Fish and Wildlife Office (see
ADDRESSES); telephone: 360-753-5823. If you use a telecommunications
device for the deaf, please call the Federal Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION: The Service received an application from the
City of Tumwater Public Works Department for an ITP, pursuant to the
section 10(a)(1)(B) of the ESA. The applicant has requested a 5-year
permit term that would authorize ``take'' of the threatened Olympia
subspecies of the Mazama pocket gopher (Thomomys mazama pugetensis,
hereafter Olympia pocket gopher) incidental to construction of safety
and infrastructure improvements in Thurston County, Washington. The
application includes a HCP that describes the actions the applicant
will take to minimize and mitigate the impacts of the taking on the
covered species.
Background
Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.) prohibits ``take'' of fish and wildlife species listed as
endangered or threatened. Under the ESA, the term ``take'' means to
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(19)). The term ``harm,'' as defined in our regulations, includes
significant habitat modification or degradation that results in death
or injury to listed species by significantly impairing essential
behavioral patterns, including breeding, feeding, or sheltering (50 CFR
17.3). The term ``harass'' is defined in our regulations as to carry
out actions that create the likelihood of injury to listed species to
such an extent as to significantly disrupt normal behavioral patterns,
which include, but are not limited to, breeding, feeding, or sheltering
(50 CFR 17.3).
Section 10(a)(1)(B) of the ESA contains provisions that authorize
the Service to issue permits to non-Federal entities for the take of
endangered and threatened species caused by otherwise lawful
activities, provided the following criteria are met: (1) The taking
will be incidental; (2) the applicant will, to the maximum extent
practicable, minimize and mitigate the impact of such taking; (3) the
applicant will ensure that adequate funding for the plan will be
provided; (4) the taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and (5) the
applicant will carry out any other measures that the Service may
require as being necessary or appropriate for the purposes of the HCP.
Regulations governing permits for endangered and threatened species are
found in 50 CFR 17.22 and 17.32, respectively.
Proposed Action
The Service proposes to issue the requested 5-year ITP based on the
applicant's commitment to implement the HCP, if permit issuance
criteria are met. Covered activities include construction of needed
safety and infrastructure improvements. The area covered under HCP
consists of a 3-acre project development site located at the
intersection of Capitol Boulevard and Tumwater Boulevard in Thurston
County, Washington. Take of the Olympia pocket gopher would occur on
approximately 0.8 acres of occupied habitat and will be offset by
permanent management of 0.8 acres of occupied habitat for the covered
species at the Deschutes Corridor Conservation Site.
Public Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We specifically request information, views, and
suggestions from interested parties regarding our proposed Federal
action, including the adequacy of the HCP pursuant to the requirements
for permits at 50 CFR parts 13 and 17 and the adequacy of the draft EA
pursuant to the requirements of NEPA.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before including your address,
phone number, email address, or other personally identifiable
information in your comments, you should be aware that your entire
comment--including your personally identifiable information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personally identifiable information from
public review, we cannot guarantee that we will be able to do so. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be made available for public disclosure in their
entirety. Comments and materials we receive will be available for
public inspection by appointment, during normal business hours, at our
Washington Fish and Wildlife Office (see ADDRESSES).
Next Steps
After public review and completion of the EA, we will determine
whether the proposed action warrants a finding of no significant impact
or whether an environmental impact statement should be prepared. We
will evaluate the permit application, associated documents, and any
comments received, to determine whether the permit application meets
the requirements of section 10(a)(1)(B) of the ESA. We will also
evaluate whether issuance of the requested section 10(a)(1)(B) permit
would comply with section 7 of the ESA by conducting an intra-Service
section 7 consultation under section 7(a)(2) of the ESA on anticipated
ITP actions. The final NEPA and permit determinations will not be
completed until after the end of the 30-day comment period and will
fully consider all comments received during the comment period. If we
determine that all requirements are met, we will issue an ITP under
section 10(a)(1)(B) of the ESA to the applicant for the take of the
covered species, incidental to otherwise lawful covered activities.
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA and NEPA and their
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implementing regulations (50 CFR 17.22 and 40 CFR 1506.6,
respectively).
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2018-27887 Filed 12-21-18; 8:45 am]
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