[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43286-43287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15423]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2022-0084; FXES11140100000-223-FF01E00000]
Proposed Habitat Conservation Plan for the Mazama Pocket Gopher;
Receipt of Incidental Take Permit Application; Infrastructure
Improvements in 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 Thurston County Public Works (applicant) for an
incidental take permit (ITP) pursuant to the Endangered Species Act.
The ITP would authorize take of the Yelm subspecies of the Mazama
pocket gopher (Thomomys mazama yelmensis), incidental to otherwise
lawful safety and infrastructure improvements at Steilacoom Road and at
the Marvin and Mullen Road intersection in Thurston County, Washington.
The application includes a habitat conservation plan (HCP) with
measures to minimize and mitigate the impacts of the taking on the
covered species. We have also prepared a draft environmental action
statement for our preliminary determination that the HCP and our permit
decision may be eligible for categorical exclusion under the National
Environmental Policy Act. We provide this notice to open a public
comment period and invite comments from all interested parties
regarding the documents.
DATES: We must receive your written comments on or before August 19,
2022. Any comments received after the closing date may not be
considered in the final decision on these actions.
ADDRESSES:
Obtaining documents: You may obtain copies of the documents online
at https://www.regulations.gov in Docket No. FWS-R1-ES-2022-0084, or at
https://www.fws.gov/wafwo/.
[[Page 43287]]
Submitting comments: To submit written comments, please use one of
the following methods:
Internet: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R1-ES-2022-0084.
Email: wfwocomments@fws.gov. Include ``Steilacoom Road and
Marvin-McMullin Intersection Improvements HCP'' in the subject line of
the message.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R1-ES-2022-0084; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Madison McGroarty, by email at
madison_mcgroarty@fws.gov or by telephone at 360-338-2473. Individuals
in the United States who are deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), received an application, including a habitat conservation
plan (HCP), from Thurston County Public Works (applicant) for an
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The permit, if issued, would authorize incidental take of the
Yelm subspecies of the Mazama pocket gopher (Thomomys mazama yelmensis)
(pocket gopher) incidental to construction associated with upgrades and
improvements to Steilacoom Road and at the Marvin and Mullen Road
intersection in Thurston County, Washington, for a period of 10 years.
The HCP describes actions the applicant would take to minimize and
mitigate the impacts of the taking on the covered species.
Background
Section 9 of the ESA 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).
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 plan.
Regulations governing permits for endangered and threatened species are
found in 50 CFR 17.22 and 17.32, respectively.
Proposed Action
The applicant proposes to construct safety and infrastructure
improvements at Steilacoom Road and the intersection of Marvin and
Mullen Roads in Thurston County, Washington. The permit area consists
of 3.26 acres for the Steilacoom Road project and 2.05 acres for the
Marvin and Mullen Intersection project. Areas within the project
rights-of-way would be excavated, graded and paved to construct new
sidewalks and lanes. Other activities covered under the HCP would
include utility relocation, and the installation of permanent
stormwater facilities.
Approximately 2.92 acres within the 5.31-acre permit area consist
of suitable and occupied habitat for the pocket gopher; however, the
total number of individuals likely present in the permit area is
unknown. The impacts to suitable and occupied habitat will therefore
serve as a surrogate for the amount and extent of take anticipated over
the term of the requested permit.
To offset the impact of the taking, the applicant proposes to fund
permanent management and maintenance of 4 acres of occupied habitat for
the gopher. Thurston County proposes to secure mitigation at an
existing conservation site provided it meets criteria outlined in the
HCP and the sites can be secured prior to project implementation.
The Service's proposed action is to issue the requested 10-year ITP
based on the applicant's commitment to implement the HCP provided that
all requirements for ITP issuance under applicable law are met
including, without limitation, ESA section 10(a)(2)(B) permit issuance
criteria (36 U.S.C. 1539(a)(2)(B).
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, without limitation, adequacy of the HCP, whether the
HCP meets requirements for permits at 50 CFR parts 13 and 17, and
adequacy of the EAS pursuant to the requirements of NEPA. We will post
all comments on https://www.regulations.gov. This generally means that
we will post online any personal information that you provide (see
Public Availability of Comments under SUPPLEMENTARY INFORMATION). We
request that you submit comments by only the methods described in
ADDRESSES.
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.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1531 et seq.) 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 and 43 CFR 46.205).
Nanette Seto,
Acting Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-15423 Filed 7-19-22; 8:45 am]
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