[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22246-22248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08717]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2020-N003; FXES11140100000-212-FF01E00000]
Habitat Conservation Plan for Lorraine Tveten Single-Family
Residence, Thurston County, Washington
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, received an
application from Ms. Lorraine Tveten for an incidental take permit
(ITP) pursuant to the Endangered Species Act of 1973, as amended. The
ITP would
[[Page 22247]]
authorize ``take'' of the Yelm pocket gopher, incidental to otherwise
lawful activities during construction of a single-family home and
agricultural buildings 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 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: To ensure consideration, please submit written comments by May
27, 2021.
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 environmental action statement, and additional information at
http://www.fws.gov/wafwo/.
Email: wfwocomments@fws.gov. Include ``Lorraine Tveten
HCP'' in the subject line of the message.
U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N003; 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 U.S. Fish and Wildlife Service
(Service), received an application from Lorraine Tveten (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 applicant requests an ITP for a period of 3 years that would
authorize ``take'' of the threatened Yelm pocket gopher (Thomomys
mazama yelmensis) incidental to construction of a single-family home on
land the applicant owns in Thurston County, Washington. The application
includes a proposed habitat conservation plan (HCP), which describes
actions the applicant would take to minimize and mitigate the impacts
of the taking on the covered species. We have also prepared a draft
environmental action statement (EAS) and low-effect screening form for
our preliminary determination that the HCP and permit decision may be
eligible for a categorical exclusion under the National Environmental
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.).
Background
Section 9 of the ESA and its implementing regulations prohibit
``take'' of fish and wildlife species listed as endangered (16 U.S.C.
1538(a)(1)). Section 4 of the ESA allows FWS to issue regulations which
prohibit the take of any fish and wildlife species listed as
threatened, as well (16 U.S.C. 1533(d)). The take prohibition has been
extended to the Yelm pocket gopher, although certain activities have
been excluded (50 CFR 17.40). 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 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 at 50 CFR 17.22 and 17.32.
Proposed Action
Covered activities include construction of a single-family home and
an agricultural building. The area covered under the HCP consists of a
0.33-acre (ac) project development site and a 0.75-ac conservation site
on land owned by the applicant. Take of the Yelm pocket gopher would
occur within the 0.33-ac development site. The impacts of the taking on
the Yelm pocket gopher would be offset by permanently managing 0.75 ac
of occupied habitat for the covered species on the applicant's land,
until and unless the take impacts are offset by purchasing equivalent
credits from a Service-approved conservation bank for the Yelm pocket
gopher.
The Service proposes to issue the requested 3-year ITP based on the
applicant's commitment to implement the HCP, if permit issuance
criteria are met.
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 written 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 upon request of the Washington Fish and Wildlife
Office (see ADDRESSES).
Next Steps
After public review, we will evaluate the permit application,
associated documents, and any comments received
[[Page 22248]]
to determine whether the permit application meets the requirements of
section 10(a)(2)(B) of the ESA. We will also evaluate whether issuance
of the requested permit would comply with section 7 of the ESA by
conducting an intra-Service 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.
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 46.305).
Robyn Thorson,
Regional Director, Interior Regions 9 and 12, U.S. Fish and Wildlife
Service.
[FR Doc. 2021-08717 Filed 4-26-21; 8:45 am]
BILLING CODE 4333-15-P