[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1994-1995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00304]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2019-0091; FXES11140100000-212-FF01E00000]
Record of Decision for the Final Environmental Impact Statement
for the Deschutes Basin Habitat Conservation Plan, Klamath, Deschutes,
Jefferson, Crook, Wasco, and Sherman Counties, Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; record of decision and habitat
conservation plan.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a record of decision (ROD) for the proposed issuance of
an Endangered Species Act (ESA) permit for the Deschutes Basin Habitat
Conservation Plan (HCP). The ROD documents the Service's decision to
issue an incidental take permit (ITP) to the Deschutes Basin Board of
Control (DBBC)'s eight-member irrigation districts, and the City of
Prineville (applicants). As summarized in the ROD, the Service has
selected Alternative 2--the Proposed Action, which includes
implementation of the HCP and issuance of a 30-year ITP authorizing
take of two threatened species listed under the ESA that may occur
incidental to covered activities in the plan area over the permit term.
ADDRESSES: You may obtain copies of the ROD and other documents
associated with the decision by the following methods.
Internet: http://www.regulations.gov under Docket No. FWS-
R1-ES-2019-0091, or at https://www.fws.gov/Oregonfwo/articles.cfm?id=149489716.
Upon Request: You may request alternative formats of the
documents directly from the Service (see FOR FURTHER INFORMATION
CONTACT).
FOR FURTHER INFORMATION CONTACT: Bridget Moran, by telephone at 541-
383-7146, or by email at bridget_moran@fws.gov. Hearing or speech
impaired individuals may call the Federal Relay Service at 800-877-8339
for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a record of decision (ROD) for
the proposed issuance of an Endangered Species Act (ESA) section
10(a)(1)(B) incidental take permit (ITP) to the Deschutes Basin Board
of Control (DBBC) member districts (Arnold, Central Oregon, Lone Pine,
North Unit, Ochoco, Swalley, Three Sisters, and Tumalo Irrigation
Districts) and the City of Prineville (collectively referred to as the
applicants) in Klamath, Deschutes, Jefferson, Crook, Wasco, and Sherman
Counties, Oregon. The ROD documents the Service's decision to issue an
ITP to the applicants. As summarized in the ROD, the Service has
selected Alternative 2, the Proposed Action (described below), which
includes implementation of a Habitat Conservation Plan (HCP) and
issuance of the ITP authorizing incidental take of the federally
threatened Oregon spotted frog (Rana pretiosa) and the threatened bull
trout (Salvelinus confluentus) over a 30-year period. The applicants
have also requested a separate ITP covering take of the federally
threatened Middle Columbia River steelhead trout (Oncorhynchus mykiss)
and the non-listed sockeye salmon (O. nerka) from the National Marine
Fisheries Service (NMFS). The Service and NMFS (jointly, the Services)
make independent decisions regarding coverage for incidental take of
the species under their respective jurisdictions. NMFS's decision is
not addressed in the Service's ROD.
We are advising the public of the availability of the ROD,
developed in compliance with agency decision-making requirements of the
National Environmental Policy Act of 1969, as amended (NEPA), and the
final HCP as submitted by the applicants. The Service published a
notice of availability (NOA) of the Draft EIS in the Federal Register
on October 4, 2019 (84 FR 53164), and jointly published a NOA of the
Final EIS with NMFS on November 6, 2020 (85 FR 71086). All alternatives
were described in detail, evaluated, and analyzed in the Draft and
Final EIS. As the EIS was developed prior to the September 14, 2020,
effective date for the Council on Environmental Quality's updated NEPA
regulations, the Final EIS and ROD were completed consistent with the
previous regulations (40 CFR 1506.13).
Background
All eight water districts are quasi-municipal corporations formed
and operated according to Oregon State law to distribute water to
irrigators (patrons) within designated geographic boundaries and in
accordance with the individual water rights held by those patrons. The
City of Prineville operates City-owned infrastructure and provides
essential services--including public safety, municipal water supply,
and sewage treatment--for more than 9,000 residents. The applicants
have determined that continued operation of irrigation and essential
services (covered activities) requires ITPs to address unavoidable
incidental take of species listed under the ESA (covered species),
which is ongoing.
The applicants have proposed a conservation program to avoid,
minimize, and mitigate the impacts of taking of the covered species.
The HCP addresses the adverse effects of the covered activities on the
covered species by reducing or eliminating those effects to the maximum
extent practicable, and by mitigating effects that cannot be eliminated
altogether. In general, adverse effects on listed species can result
from direct harm or injury of individuals of the species, and through
changes in habitat that interfere with the essential life activities of
the species.
[[Page 1995]]
Both types of effects are addressed in the HCP conservation measures.
The covered activities affect the covered species primarily through
changes in the hydrology (flow) of occupied waters associated with the
storage, release, diversion, and return of irrigation water.
In the course of storing, releasing, diverting, and returning
irrigation water, the applicants alter the hydrology of the Deschutes
River and a number of its tributaries. In a similar fashion, the
pumping of groundwater for municipal water supply by the City of
Prineville affects the hydrology in one of those tributaries, the
Crooked River. In most cases, the hydrologic changes resulting from
activities covered by the HCP have adverse impacts on aquatic habitats
for the covered species. When flows are reduced, the total area of
usable habitat for aquatic species generally decreases and water
temperatures typically increase to the extent that habitat quality is
negatively impacted. The HCP conservation measures will modify
irrigation activities that reduce in-stream flow (storage and diversion
of water) to address the adverse effects described above. As a result,
with implementation of the HCP, flows in the affected reaches will be
higher than they were historically (over the last 50+ years) in the
winter, and provide improved habitat quality for the covered species.
Purpose and Need
As described in the Final EIS, the Service's purpose for the
Federal action is to fulfill our section 10(a)(1)(B) conservation
authorities and obligations. The need for our action is to respond to
the ITP application submitted by the applicants requesting take of the
Oregon spotted frog and bull trout, the two species under the Service's
jurisdiction.
Alternatives
In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service
prepared a Final EIS analyzing the proposed action (Alternative 2,
identified as the preferred alternative), a no-action alternative, and
two additional alternatives to the proposed action; summaries of each
alternative are presented below. The Final EIS analyzed both the
Service's proposed issuance of an ITP and NMFS's proposed issuance of
an ITP. The environmental consequences of each alternative were
analyzed to determine if significant impacts to the human environment
would occur. Public comments received in response to the Draft EIS were
considered, and the Final EIS reflected clarifications of the existing
analysis to address public comments. The Final EIS did not identify an
environmentally preferable alternative. Pursuant to NEPA implementing
regulations found at 40 CFR 1505.2, the Service identified Alternative
3 (Enhanced Variable Streamflows) as the environmentally preferable
alternative in the ROD.
Alternative 1--No-action Alternative: No ITPs would be issued, and
the applicants' HCP would not be implemented. Under Alternative 1,
ongoing applicant activities would remain subject to the take
prohibition for listed species under section 9 of the ESA. This
alternative assumes continuation of actions covered in an ESA section 7
biological opinion issued to the Bureau of Reclamation addressing the
effects of water management activities in the Upper Deschutes River
Basin to the Oregon spotted frog, and continuation of actions covered
in other ESA section 7 consultation documents addressing the effects of
Deschutes River Basin projects to the Middle Columbia River steelhead
trout and the bull trout.
Alternative 2--Proposed Action, Deschutes Basin HCP: Under this
alternative, identified as the preferred alternative in the Final EIS,
the Service would issue a 30-year ITP to the applicants for incidental
take of the two covered species under its jurisdiction, NMFS would
issue a separate ITP for incidental take of the two covered species
under its jurisdiction, and the applicants would implement the HCP.
Over the 30-year period of HCP implementation, in-stream flows would be
modified to mimic more natural flow patterns to support the various
life stages of the covered species. The HCP also includes the
establishment of conservation funds to support habitat restoration and
enhancement projects, as well as additional funding for in-stream water
leasing programs.
Alternative 3--Enhanced Variable Streamflows: Under this
alternative, the Services would issue ITPs to the applicants for the
same plan area, covered lands and waters, covered species, covered
activities, and permit term as described for the proposed action, but
with modifications to the HCP conservation strategy, including
increased fall and winter flows in the Deschutes River below Wickiup
Dam, and in-stream protection of uncontracted water releases on the
Crooked River for fish and wildlife.
Alternative 4--Accelerated Schedule for Enhanced Variable
Streamflows: Under this alternative, the Services would issue ITPs to
the applicants for the same plan area, covered lands and waters,
covered species, and covered activities as described for the proposed
action, but with a 20-year permit term and modifications to the HCP
conservation strategy for an accelerated schedule for increases in fall
and winter flows in the Deschutes River below Wickiup Dam, and in-
stream protection of additional uncontracted water releases on the
Crooked River for fish and wildlife.
Decision and Rationale for Decision
Based on our review of the alternatives and their environmental
consequences as described in the Final EIS, we have selected the
Proposed Action (Alternative 2). The Proposed Action includes the
implementation of the final HCP and the Service's issuance of an ITP
authorizing incidental take of the two covered species under the
Service's jurisdiction for a 30-year permit term. Our assessment of the
application was conducted in accordance with the requirements of
section 10(a)(1)(B) of the ESA and its implementing regulations. In
order to issue an ITP for covered species under the ESA, we must
determine that the HCP meets the issuance criteria set forth in 16
U.S.C. 1539(a)(2)(B). We have made the determination that the HCP meets
this criteria, as described further in the ROD.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1539(c)) and its implementing
regulations (50 CFR 17.32), and NEPA (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR 1506.6; 43 CFR part 46).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-00304 Filed 1-8-21; 8:45 am]
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