[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Notices]
[Pages 48723-48724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17579]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2020-N105; FXES11140100000-201-FF01E00000]
Proposed Habitat Conservation Plan for the Taylor's Checkerspot
Butterfly and Three Subspecies of the Mazama Pocket Gopher, Puget Sound
Energy; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), received an
application from Puget Sound Energy (applicant) for an incidental take
permit (ITP) pursuant to the Endangered Species Act of 1973, as
amended. The ITP would authorize the applicant's take of three
threatened subspecies of the Mazama pocket gopher incidental to
otherwise lawful activities during replacement, repair, and upgrade of
existing utility systems 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,
including maintenance of occupied habitat. The HCP would also result in
habitat improvement for the endangered Taylor's checkerspot butterfly,
which is not a covered species, at one mitigation site. The Service has
prepared a draft environmental action statement for our preliminary
determination that the HCP and permit decision may be eligible for a
categorical exclusion under the National Environmental Policy Act. We
invite the public to review and comment on these documents.
DATES: To ensure consideration, please submit written comments by
September 11, 2020.
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,
draft EAS, and additional information on the internet at http://www.fws.gov/wafwo/.
Email: wfwocomments@fws.gov. Include ``PSE HCP'' in the
subject line of the message.
U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N105; U.S. Fish and Wildlife Service; Washington Fish and Wildlife
Office; 510 Desmond Drive SE, Suite 102; Lacey, WA 98503.
FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning
and Hydropower Branch Manager, Washington Fish and Wildlife Office,
U.S. Fish and Wildlife Service (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: We, the Fish and Wildlife Service (Service),
received an application 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.). If the application is approved, the ITP
would authorize the applicant's ``take'' of three threatened subspecies
of the Mazama pocket gopher (Thomomys mazama pugetensis, T. m.
yelmensis, and T. m. tumuli) incidental to otherwise lawful activities
during replacement, repair, and upgrades of existing utility systems in
Thurston County, Washington, for a period of 5 years. The application
includes a habitat conservation plan (HCP) with measures to minimize
and mitigate the impacts of the taking on the above covered species,
and to improve habitat for the endangered Taylor's checkerspot
butterfly (Euphydryas editha taylori), which is not a covered species.
We have also prepared a draft environmental action statement (EAS) for
our preliminary determination that the HCP and permit decision may be
eligible for a categorical exclusion under the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.).
Background
Puget Sound Energy proposes to conduct maintenance, replacement,
and upgrades of existing electric power and natural gas systems in
Thurston County, Washington. Covered activities may include pole
replacement, cable or pipe repairs, and tree pruning projects for
purposes of safety and efficiency. Work may also include conversion of
overhead power lines to underground power lines in existing rights-of-
way, short extension of existing feeder lines, and new gas service to
existing homes where the gas supply pipes already exists at the street.
In some cases, project activity would occur in potential habitat for
three subspecies of the Mazama pocket gopher, but would not occur in
critical habitat for these species. Puget Sound Energy would offset
impacts to each of the covered species through the establishment and
maintenance of permanent mitigation sites. Specifically, the applicant
would permanently maintain suitable breeding, feeding and sheltering
habitat for each of the covered species. In addition, the applicant
would improve habitat for the Taylor's checkerspot butterfly at one
mitigation site. However, the applicant does not anticipate any take of
Taylor's checkerspot butterfly, and is not currently seeking ITP
coverage for take of the Taylor's checkerspot butterfly.
The permit area includes 340,000 acres of lands in Thurston County,
bounded to the west by the Black River and to the north by Interstate
5, and an area of more-preferred soils for the Mazama pocket gopher, as
depicted in the HCP (Figure 3-1). The permit area encompasses lands
where covered activities may occur, as well as 13 parcels of mitigation
lands at 5 locations where mitigation would occur. The Service proposes
to issue an ITP with a term limit of 5 years based on Puget Sound
Energy's commitment to implement their proposed HCP, if permit issuance
criteria are met.
Endangered Species Act
Section 9 of the 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,
[[Page 48724]]
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 intentional or negligent
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 plan.
Regulations governing permits for endangered and threatened species are
found in 50 CFR 17.22 and 17.32, respectively.
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 adequacy of the HCP pursuant to the requirements for
permits at 50 CFR parts 13 and 17 and adequacy of the EAS 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.
Next Steps
After public review, 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 the proposed ITP action. If we determine that the
project qualifies for a categorical exclusion under NEPA because
neither the permit nor the permit issuance is anticipated to
significantly affect the quality of the human environment, we will
finalize the EAS. 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 (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321
et seq.), and their implementing regulations (50 CFR 17.32 and 40 CFR
1506.6, respectively).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-17579 Filed 8-11-20; 8:45 am]
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