[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60735-60736]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc10-52]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 0648-XY95
Proposed Issuance of Incidental Take Permits to the Washington
Department of Fish and Wildlife for State of Washington Wildlife Areas
AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic
and Atmospheric Administration, (NOAA) Commerce; Fish and Wildlife
Service (FWS), Interior.
ACTION: Notice of intent to conduct a 30-day public scoping period and
prepare an environmental impact statement.
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SUMMARY: The U.S. Fish and Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS), collectively the Services, advise
interested parties of our intent to conduct public scoping under the
National Environmental Policy Act (NEPA) to gather information to
prepare an environmental impact statement (EIS) related to incidental
take permit (ITP) applications from the Washington Department of Fish
and Wildlife (WDFW) for incidental take of species listed under the
Endangered Species Act (ESA), as well as unlisted species should they
become listed during the term of the proposed permit. The WDFW has
identified specific land management and recreation activities that
currently occur on state Wildlife Areas that may cause incidental take.
In support of the ITP applications, the WDFW is proposing to implement
a habitat conservation plan (HCP) on approximately 900,000 acres of
their state Wildlife Areas. The term of the proposed HCP and ITP's will
occur after the public scoping process.
DATES: Written comments must be received on or before November 1, 2010.
Four public scoping meetings will be held to introduce the proposed
action, explain the NEPA public participation process, and solicit
public comment. The public scoping meetings will be held on October 19,
20, 26, and 27, 2010, from 6:30 p.m. to 8:30 p.m. at the following
locations:
1. October 19: Everett Community College, 2000 Tower Street,
Whitehorse Hall, Room 105, Everett, WA 98201.
2. October 20: FWS and NMFS Office, 510 Desmond Drive, Suite 102,
Lacey, WA 98503.
3. October 26: Hal Homes Center, 209 N. Ruby Street, Teanaway Room,
Ellensburg, WA 98926.
4. October 27: Spokane Valley Center Place, 2426 N. Discovery
Place, Room 109, Spokane, WA 99206.
ADDRESSES: You may submit comments by one of the following methods:
1. Verbally or in writing at the public scoping meetings;
2. U.S. mail or hand delivery to : Mr. David Molenaar, National
Marine Fisheries Service, 510 Desmond Drive, SE, Suite 103, Lacey, WA
98503; or Mr. Mark Ostwald, U.S. Fish and Wildlife Service, Washington
Fish and Wildlife Office, 510 Desmond Drive, SE, Suite 102, Lacey, WA
98503
3. Email to Wdfwwlareahcp@fws.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Ostwald with the FWS at
(360) 753-9564, or at Mark_Ostwald@fws.gov or Mr. David Molenaar with
the NMFS at (360) 753-9456 or at David.Molenaar@noaa.gov, or on the
Internet at: http://www.fws.gov/wafwo.
SUPPLEMENTARY INFORMATION: In accordance with section 10(a)(2)(A) of
the ESA of 1973, as amended (U.S.C. 1531 et seq.), the WDFW is
preparing a HCP for their Wildlife Areas in support of their ITP
applications to the Services to incidentally take the following ESA
listed species under FWS jurisdiction: marbled murrelet, northern
spotted owl, western snowy plover, Oregon silverspot butterfly, golden
paintbrush, howellia, Spalding's silene, Ute ladies' tresses, Columbian
white-tailed deer, gray wolf, grizzly bear, lynx, pygmy rabbit, and the
bull trout.
The applications also request incidental take authorization for the
following species under NMFS jurisdiction: chinook salmon
Evolutionarily Significant Units (ESUs) in Puget Sound, the Lower
Columbia River, Upper Columbia River spring-run, Upper Willamette
River, Snake River fall-run and the Snake River spring/summer-run; chum
salmon ESUs in the Columbia River and Hood Canal (summer run); coho
salmon ESUs in the Lower Columbia River; steelhead Distinct Population
Segments (DPSs) in Puget Sound, Snake River Basin, the Lower Columbia
River, Middle Columbia River, Upper Columbia River, and the Upper
Willamette River; sockeye salmon ESUs in Ozette Lake and the Snake
River; the Southern DPS of the pacific eulachon; and the Southern DPS
of the green sturgeon.
The WDFW also requests incidental take for the following unlisted
species under FWS jurisdiction should they become listed during the
term of the HCP: burrowing owl, greater sage-grouse, sharp-tailed
grouse, slender-billed white breasted nuthatch, streak horned lark,
northern leopard frog, Oregon spotted frog, Rocky Mountain tailed frog,
sagebrush lizard, striped whipsnake, Van Dyke's salamander, western
pond turtle, mardon skipper, Taylors checkerspot , valley silverspot,
westslope cutthroat trout, fisher, Townsends western big-eared bat,
Washington ground squirrel and the western pocket gopher.
The HCP proposes to cover approximately 900,000 acres within 32
state Wildlife Areas managed by WDFW for specific covered activities
that the WDFW conducts or allows on the Wildlife Areas including:
horseback riding and dog field trial events; construction, maintenance,
removal, and operation of upland infrastructures, water control
structures, and water crossing structures; non-chemical weed control;
forest management; livestock grazing and associated activities;
agriculture and associated activities; irrigation; upland bird
stocking; wildlife feeding; routine habitat management; and habitat
restoration.
The WDFW manages 32 designated Wildlife Areas across a broad and
diverse spectrum of habitats throughout
[[Page 60736]]
Washington State. These Wildlife Areas are managed by the WDFW for the
purposes of fish and wildlife conservation and for recreational
opportunities. The different Wildlife Areas include forest and
woodlands, wetlands, prairie, savanna and shrub steppe, upland
grasslands, agricultural, and riparian habitats. The WDFW has
identified specific goals and objectives for each Wildlife Areas
depending upon the wildlife species present, the purpose for which the
land was acquired, and the available outdoor recreational
opportunities.
The draft HCP in support of the ITP applications will describe the
impacts of land management and recreational activities on proposed
covered species and detail a conservation strategy to minimize and
mitigate those impacts to the maximum extent practicable. With
technical assistance from the Services, WDFW will develop habitat
conservation measures for fish and wildlife and their associated
habitats. The Services are responsible for determining whether the HCP
satisfies the ESA section 10 permit issuance criteria.
Section 9 of the ESA and implementing regulations prohibit the
taking of endangered species. The term ``take'' is defined under the
ESA (16 U.S.C. 1532(19)) as harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to 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, or sheltering (50 CFR 17.3). ``Harm'' is
defined by NMFS regulation to include 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, or sheltering (64 FR
60727, November 8, 1999).
Section 10 of the ESA and its implementing regulations specify the
requirements for the issuance of ITPs to non-Federal applicants for the
take of endangered and threatened species. Any proposed take must be
incidental to otherwise lawful activities and must not appreciably
reduce the likelihood of the survival and recovery of the species in
the wild. In addition, the applicant must prepare a HCP describing the
impact that will likely result from such taking, what steps will be
taken to minimize and mitigate the impacts of the take, the funding
available to implement such steps, alternatives to such taking, and the
reason such alternatives are not being implemented.
Environmental Impact Statement
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. The Services have determined that an EIS should be
prepared under NEPA for these two ITP requests. The Services will
prepare the EIS as joint lead agencies (40 CFR 1506.2). It is
anticipated that the WDFW will also adopt the EIS for purposes of
compliance with the State of Washington Environmental Policy Act.
We will conduct an environmental review of the permit applications,
including the HCP. We will prepare an EIS in accordance with NEPA
requirements, as amended (40 U.S. C. 4321 et seq.) and NEPA
implementing regulations (40 CFR 1500-1508), and in accordance with
other Federal laws and regulations.
The primary purpose of the scoping process is for the public to
assist the Services in developing the EIS by identifying issues and
alternatives related to the applicant's proposed action. The scoping
meetings will allocate time for presentations by the Services and WDFW,
and also for receiving comments from the public. The public is
encouraged to attend a public scoping meeting at 1 of the 4 locations.
The Services request data, comments, pertinent information, or
suggestions from the public, other concerned governmental agencies, the
scientific community, Tribes, industry, or any other interested party
regarding the proposed permit actions discussed in this notice. We will
consider all comments we receive in complying with the requirements of
NEPA and in development of the HCP and ITPs. We particularly seek
specific comments concerning:
(1) The direct, indirect, and cumulative effects that
implementation of any reasonable alternative could have on endangered
and threatened species, and other unlisted species and their habitats;
(2) Other reasonable alternatives (in addition to the HCP), and
their associated effects;
(2) Measures that would minimize and mitigate potentially adverse
effects of the proposed project;
(3) Baseline environmental conditions and/or important species
observations within the WDFW wildlife areas;
(4) The term of the ITPs;
(5) Covered activities that should or should not be part of the
HCP;
(6) Wildlife areas that should or should not be part of the HCP;
(7) Species that should or should not be on the ITPs;
(8) Biological information regarding requested covered species;
(9) Monitoring and adaptive management that might be relevant to
the project; and
(10) Other plans or projects that might be relevant to this
project.
The EIS will analyze the effects that the various alternatives
would have on the proposed covered species as well as the other aspects
of the human environment, including but not limited to geology and
soils, land use, air quality, water quality, wetlands, socioeconomics,
recreation, cultural resources, noise, visual resources, climate
change, and the cumulative impacts of the alternatives. A notice of
availability for the draft EIS is expected to be published in the
Federal Register in fall 2011, when it will be available for public
review and comment.
Special Accommodation
Persons needing reasonable accommodations to attend and participate
in the public meeting should contact Mark Ostwald, FWS, at 360-753-
9564 or David Molenaar, NMFS, at 360-753-9456. To allow sufficient time
to process requests, please call no later than 1 week before the public
meeting. Information regarding the applicant's proposed action is
available in alternative formats upon request.
Dated: September 28, 2010.
Susan Pultz,
Acting Chief, Endangered Species Division, National Marine Fisheries
Service.
Dated: September 28, 2010.
Theresa E. Rabot,
Deputy Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 2010-24692 Filed 9-30-10; 8:45 am]
BILLING CODES 3510-22-S, 4310-55-S