[Federal Register Volume 66, Number 51 (Thursday, March 15, 2001)]
[Notices]
[Pages 15080-15081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6454]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031201B]


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Grants Pass 
Irrigation District, Habitat Conservation Plan, Jackson and Josephine 
Counties, Oregon

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA),Commerce.

ACTION: Notice of application; request for public comment.

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SUMMARY: This notice advises the public that, pursuant to the 
Endangered Species Act of 1973, as amended (Act), Grants Pass 
Irrigation District (GPID) has submitted an application to the National 
Marine Fisheries Service (NMFS) for an Incidental Take Permit (Permit) 
regarding the operation of Savage Rapids Dam in Josephine and Jackson 
Counties, Oregon, and has also prepared a Habitat Conservation Plan 
(Plan) designed to minimize and mitigate incidental take of endangered 
and threatened species. The proposed Permit would authorize the 
incidental take of the Southern Oregon/Northern California coho salmon 
(Oncorhynchus kisutch) and would also seek coverage for one species 
(Klamath Mountain Province steelhead (O. Mykiss)) proposed for listing 
under specific provisions of the Permit, should this species be listed 
in the future. The duration of the proposed Permit and Plan is one 
year. NMFS announces the availability of the Habitat Conservation Plan 
and a draft Environmental Assessment for review and provides other 
agencies and the public with the opportunity to review and comment on 
these documents.

DATES: Written comments on the Permit application, draft Environmental 
Assessment, and Habitat Conservation Plan must be received from 
interested parties no later than April 16, 2001.

ADDRESSES: Requests for documents on CD ROM should be made by calling 
the National Marine Fisheries Service at (503) 231-2377. For hardbound 
copies and an electronic address see SUPPLEMENTARY INFORMATION, under 
the heading, Libraries and Electronic Access. Comments and requests for 
information should be directed to Nancy Munn, Project Biologist, 
National Marine Fisheries Service, 525 NE Oregon Street, Suite 500, 
Portland, OR, 97232-2778 (Tel (503) 231-6269; Fax (503) 231-6893). 
Comments and materials received will also be available for public 
inspection, by appointment, during normal business hours by calling 
(503) 231-2377.

FOR FURTHER INFORMATION CONTACT: Nancy Munn, (503) 231-6269.

SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulations 
prohibit the ``taking'' of a species listed as endangered or 
threatened. The term ``take'' is defined under the Act to mean harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to 
attempt to engage in any such conduct. The definition for ``harm'' 
includes significant habitat modification or degradation that actually 
kills or injures wildlife by significantly impairing essential 
behavioral patterns, including breeding, feeding or sheltering.
    NMFS may issue permits, under limited circumstances, to take listed 
species incidental to otherwise lawful activities. Regulations 
governing permits for threatened and endangered species are promulgated 
at 50 CFR 222.307.

Background

    GPID currently serves approximately 8,000 patrons owning a total of 
7,700 acres in Jackson and Josephine counties. Savage Rapids Dam 
provides GPID with its primary water supply. Water is delivered through 
160 miles of canals in the greater Grants Pass area. The water provided 
by GPID is not treated and thus is not used for human consumption. Of 
the 8,000 patrons, about 300 own more than 5 acres, and the remaining 
7,700 own less than 5 acres. The patrons with more than 5 acres 
represent a variety of agricultural interests as well as some 
industrial interests. Of the 7,700 patrons owning less than 5 acres, 
most use GPID water for small hayfields and/or personal vegetable 
gardens.
    Fish passage has been an issue at Savage Rapids Dam since GPID 
constructed the dam in 1921. Currently, there are fish ladders located 
at both the north and south sides of the dam to provide for upstream 
and downstream fish migration. The north fish ladder is a rectangular, 
concrete structure containing pools 8 feet long and 9 feet wide. The 
south fish ladder is a concrete structure approximately 100 feet long 
and divided into 10 pools. Extending from the bottom of the south 
ladder to the river are a series of fish resting pools and attraction 
channels.
    GPID proposes to operate Savage Rapids Dam consistent with

[[Page 15081]]

conservation measures developed during 1998-2000 to reduce take, with 
further operational modifications based on the timing of fish runs. The 
duration of this proposal is one year. During the 1-year implementation 
period, GPID will continue to pursue Federal authorization and funding 
for dam removal. Within one year, more information regarding the 
likelihood and timing of dam removal will be available, and a new 
proposed action can be identified. The current proposed action would 
divert 150 cubic feet per second (cfs) of water from the Rogue River 
into GPID's distribution system during the 2001 irrigation season, from 
April to October.
    Activities associated with the north turbine/pump intake, south 
gravity intake, and the fish ladders have the potential to impact 
species subject to protection under the Act. Section 10 of the Act 
contains provisions for the issuance of incidental take permits to non-
Federal land owners for the take of endangered and threatened species, 
provided the take is incidental to otherwise lawful activities and will 
not appreciably reduce the likelihood of the survival and recovery of 
the species in the wild. In addition, the applicant must prepare and 
submit to NMFS for approval a habitat conservation plan containing a 
strategy to minimize, mitigate, and monitor all take associated with 
the proposed activities to the maximum extent practicable. The 
applicant must also ensure that adequate funding for the Plan will be 
provided.
    GPID has initiated discussions with NMFS regarding the possibility 
of a Permit and associated Plan for activities at Savage Rapids Dam. 
Activities proposed for inclusion in this Permit include: all aspects 
of operating the dam, including opening and closing the radial gates, 
installing and removing the stoplogs, and operating the fish ladders, 
the turbine and the screens, and the diversion facilities. The Permit 
and Plan would also cover monitoring activities and related scientific 
experiments in the Plan area. The duration of the proposed Permit and 
Plan is one year.
    NMFS is formally initiating an environmental review of the project 
through this Federal Register notice. This notice announces a 30-day 
public comment period, during which other agencies, tribes, and the 
public are invited to provide comments on the Plan and Environmental 
Assessment. The Environmental Assessment considers the No Action 
alternative, the Proposed Action, and two additional action 
alternatives.
    Under the No Action Alternative, a 99-year incidental take permit 
would be issued for a Plan that would not make changes to its 
historical operations (prior to 1998) although structural changes made 
to facilities since 1998 would remain in place. In addition, GPID would 
not pursue dam removal, and no monitoring for impacts to fish would 
occur. Under the Proposed Action, NMFS would issue a 1-year Incidental 
Take Permit, and GPID would implement its proposed Habitat Conservation 
Plan at Savage Rapids Dam. Under another Alternative, which would 
further restrict irrigation operations while continuing to pursue 
funding for dam removal, NMFS would issue a 1-year Incidental Take 
Permit, and GPID would implement a Habitat Conservation Plan with a 
monitoring program and shut down triggers that are similar to the 
Proposed Action. A final Alternative proposes the issuance of a 99-year 
Incidental Take Permit for a Plan that would replace the north 
irrigation screens with new screens in compliance with NMFS' screen 
criteria. The Savage Rapids Dam and its water-powered turbine pumps 
would remain in place with this Alternative. No monitoring of impacts 
to fish would occur, and there would be no triggers for the shut-down 
of operations.
    Alternatives considered but not analyzed in detail include an 
Alternative based on the Proposed Action and the removal of the dam, 
which includes the construction of two new pumping plants and site 
restoration. This alternative was not analyzed because of the 
uncertainty associated with funding. Late in 2000, Senators Ron Wyden 
and Gordon Smith introduced legislation to provide Federal funding to 
remove Savage Rapids Dam, but there was no time to move the bill 
forward during the session. The bill will be re-introduced in the 
current Congress, although funding is uncertain at this time.
    The No Action, Proposed Action, and two alternatives are analyzed 
in detail in the draft Environmental Assessment.
    This notice is provided pursuant to section 10(a) of the Act and to 
National Environmental Policy Act regulations. NMFS will evaluate the 
application, associated documents, and comments submitted thereon to 
determine whether the application meets the requirements of the Act and 
the National Environmental Policy Act. If it is determined that the 
requirements are met, a permit will be issued for the incidental take 
of listed species. The final permit decision will be made no sooner 
than April 16, 2001.

Libraries and Electronic Access

    Hardbound copies are available for viewing, or partial or complete 
duplication, at the following libraries: Medford Headquarters Library, 
Headquarters Regional Services, 413 West Main Street, Medford, Oregon 
97501, Tel (541) 774-8689; Rogue River Regional Library, West County 
Regional Services, 412 East Main Street, Rogue River, Oregon 97537, Tel 
(541) 582-1714; Josephine County Library Services, Main Library, 200 
N.W. ``C'' Street, Grants Pass, OR 97526, Tel (541) 474-5480. The 
documents are also available electronically on the World Wide Web at 
http://www.nwr.noaa.gov/1habcon/habweb/hcp.htm.

    Dated: March 9, 2001.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-6454 Filed 3-14-01; 8:45 am]
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