[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Notices]
[Pages 45220-45222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19634]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service

[I.D. 072403C]


Availability of the Humboldt Bay Municipal Water District Habitat 
Conservation Plan for its Mad River Operations, Implementation 
Agreement, and Draft Environmental Assessment, Humboldt County, 
California

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of Availability; request for comments.

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SUMMARY: The Humboldt Bay Municipal Water District of Humboldt County, 
California (District) has applied for an Incidental Take Permit (ITP) 
from the National Marine Fisheries Service (NMFS) pursuant to the 
Endangered Species Act, as amended (ESA). In conjunction with this 
application, the District has prepared a Habitat Conservation Plan for 
its Mad River Operations (Plan) and an Implementation Agreement (IA). 
NMFS has prepared and announces the availability of a draft 
Environmental Assessment (EA) for the District's ITP application. The 
District's ITP application is related to their managed release and 
diversion of flow in the Mad River, located in Humboldt County, CA, and 
to their operation and maintenance of facilities associated with this 
activity. The duration of the proposed ITP and Plan is 50 years.
    NMFS is providing this notice in order to allow other agencies and 
the public an opportunity to review and comment on the ITP application, 
Plan, IA, and draft EA, to scope alternatives and impacts to be 
considered, and to comment on effects to cultural and historic 
properties. All comments received will become part of the public record 
and will be available for review pursuant to the ESA.

DATES: Public meetings will be held on August 20, 2003, from 1 p.m. to 
3 p.m.

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and 5 p.m. to 7 p.m. in Eureka, CA. Written comments on the ITP 
application, Plan, IA, and draft EA, the scope of alternatives and 
impacts, and effects to cultural and historic properties must be 
received on or before September 2, 2003 to be considered.

ADDRESSES: Public meetings will be held at the District office, located 
at 828 Seventh Street, Eureka, CA 95501. Oral and written comments will 
be received at the meetings. Written comments may also be sent to Mr. 
Sam Flanagan, National Marine Fisheries Service, 1655 Heindon Road, 
Arcata, CA 95521 or sent by facsimile to (707) 825-4840. NMFS will not 
accept comments via the Internet. Documents are available for viewing 
and download on the Internet at http://swr.nmfs.noaa.gov or may be 
obtained by calling NMFS at (707) 822-7201. Hard bound copies are also 
available for viewing, or partial or complete duplication at several 
Humboldt and Trinity county libraries. See the Supplementary 
Information section of this notice for a list of libraries and their 
locations.

FOR FURTHER INFORMATION CONTACT: Mr. Sam Flanagan, NMFS Southwest 
Region, Protected Resources Division, (707) 825-5173.

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations 
prohibit the ``taking'' of a species listed as endangered or 
threatened. The term take is defined under the ESA to mean harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or 
to attempt to engage in any such conduct. Harm is defined by NMFS to 
include significant habitat modification or degradation where it 
actually kills or injures fish or wildlife by significantly impairing 
essential behavioral patterns, including breeding, spawning, rearing, 
feeding, and sheltering (50 CFR 222.102).
    Two types of permits may be issued by NMFS under section 10(a) of 
the ESA to non-Federal landowners to take listed species, under certain 
terms and conditions. These regulations governing NMFS' permits for 
threatened and endangered species are promulgated at 50 CFR 222.307. 
The first of these permits is the Enhancement of Survival Permit, which 
is authorized under section 10(a)(1)(A) of the ESA. The second of these 
permits is the ITP, which is authorized under section 10(a)(1)(B) of 
the ESA.
    An application for an ITP must be accompanied by a Habitat 
Conservation Plan for which the Secretary of Commerce finds that: (1) 
the taking will be incidental; (2) the applicant will, to the maximum 
extent practicable, minimize and mitigate the impacts of such taking; 
(3) the applicant will ensure that adequate funding for the 
conservation plan will be provided; (4) the taking will not appreciably 
reduce the likelihood of survival and recovery of the species in the 
wild; and (5) such other measures NMFS may require as necessary or 
appropriate for the purposes of the HCP. HCPs can address both listed 
and currently unlisted species.
    The District has applied to NMFS for an ITP under Section 
10(a)(1)(B) of the ESA for its Mad River operations. The District is 
the sole supplier of domestic and ``raw'' industrial water to the 
greater Humboldt Bay area. The District sells treated water for 
domestic consumption on a wholesale basis to the cities of Eureka, 
Arcata, and Blue Lake, and to the Humboldt, McKinleyville, Fieldbrook, 
and Manila Community Services Districts. The District also sells 
untreated ``raw'' water on a wholesale basis to industrial users on the 
Samoa Peninsula, located on the north spit of Humboldt Bay. The 
District obtains its water through diversions from the Mad River.
    The District's diversion facilities are located approximately 8 
river miles (13 km) upstream from the mouth of the Mad River, near the 
town of Essex. The District diverts water utilizing two separate 
systems: (1) A domestic system, which supplies treated drinking water; 
and (2) an industrial system, which supplies untreated ``raw'' water. 
Water for the domestic system is withdrawn using four Ranney collectors 
situated in the Mad River. These collectors withdraw subsurface water 
from 60 to 90 ft (18 to 27 m) below the surface of the river bed. Water 
for the industrial system is withdrawn using a surface diversion 
facility referred to as Station 6. The District also manages flow 
releases from Matthews Dam at Ruth Lake, a 48,000 acre-feet (592 
million Hectoliter) reservoir located approximately 85 river miles (137 
km) upstream from the mouth of the Mad River. The District releases 
water from Matthews Dam during the low flow summer months to meet its 
diversion needs at the Essex facilities and its in-stream flow 
obligations below the Essex facilities.
    The District has developed the Plan, with technical assistance from 
NMFS, to obtain an ITP for their activities related to the diversion of 
water from the Mad River. Activities proposed for ITP coverage include: 
(1) Releasing flow from Matthews Dam; (2) maintaining adequate capacity 
in the Matthews Dam tailrace and spillway pools; (3) diverting water 
from the Mad River in the vicinity of Essex (subsurface via Ranney 
collectors and surface via direct diversion facility (Station 6)); (4) 
gaining access to and maintaining Ranney collectors; (5) operation of 
Station 6 and its associated fish screens; (6) dredging the Station 6 
forebay; (7) maintaining adequate flow to Station 6; (8) maintaining 
adequate water surface elevation at Station 6 during low flow months; 
(9) protecting banks and structures by repairing existing rock 
structures and/or revetments; and (10) bypassing flows below diversion 
facilities in the vicinity of Essex. The ITP and Plan will also cover 
required monitoring activities. The duration of the proposed ITP and 
Plan is 50 years.
    The proposed ITP would authorize take, incidental to otherwise 
lawful activities, of fish in three evolutionarily significant units 
(ESUs) that are currently listed as threatened: the California Coastal 
chinook salmon (Oncorhynchus tshawytscha) ESU (CC chinook), the 
Southern Oregon/Northern California Coasts coho salmon (O. kisutch) ESU 
(SONCC coho), and the Northern California steelhead (O. mykiss) ESU (NC 
steelhead). NMFS anticipates implementation of the Plan may result in 
take of juvenile CC chinook, SONCC coho, and NC steelhead in the form 
of impingement or entrainment during diversion of surface flow and 
stranding, crushing, entombment, or modification of rearing habitat as 
a result of instream construction and operation of equipment.
    NMFS prepared a draft Environmental Assessment concerning the 
proposed Plan and ITP and has made a preliminary determination that 
preparation of an Environmental Impact Statement is not necessary.
    NMFS invites comment on the Plan, IA, and draft EA, the scope of 
alternatives and impacts to be considered, and effects to cultural and 
historic properties during the 30-day comment period which ends 
September 2, 2003. Comments should focus on the merits of the Plan, IA, 
and draft EA, ITP issuance requirements, the scope of alternatives and 
impacts to be considered, and effects to cultural and historic 
properties. Comments on other issues will be considered as beyond the 
scope of the decision associated with the ITP and Plan.
    Hard bound copies of the ITP Application, Plan, IA, and draft EA 
are also available for viewing, or partial or complete duplication at 
the following libraries: (1) Eureka Main Library,1313 Third Street, 
Eureka, CA; Telephone (707) 269-1900; (2) Fortuna Branch, Humboldt 
County Library; 775

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Fourteenth Street, Fortuna, CA; Telephone (707) 725-3460; (3) Arcata 
Branch, Humboldt Library, 500 Seventh Street, Arcata, CA; Telephone 
(707) 822-5954; (4) Weaverville Branch, Trinity Library, 211 North Main 
St., Weaverville, CA; Telephone (530) 623-1373; 5) Hayfork Branch, 
Trinity Library, Hyampom Rd., Hayfork, CA; Telephone (530) 628-5427. 
These documents are also available on the Internet at http://swr.nmfs.noaa.gov.
    This notice is provided pursuant to section 10(c) of the ESA, 
National Environmental Policy Act (NEPA) regulations, and National 
Historic Preservation Act (NHPA) regulations. NMFS will evaluate the 
ITP application, associated documents, and submitted comments to 
determine whether the ITP application and associated documents meet the 
requirements of the ESA, NMFS' regulations for implementing NEPA (40 
CFR 1506.6), and NHPA section 106 regulations (36 CFR 800). NMFS is 
furnishing this notice to allow other agencies and the public an 
opportunity to review and comment on these documents, to scope 
alternatives and impacts to be considered, and comment on effects to 
cultural and historic properties. All comments received will be 
available for review pursuant to section 10(c) of the ESA. The final 
ITP decision will be made no sooner than 30 days after date of 
publication of this notice in the Federal Register.

    July 28, 2003.
Laurie K. Allen,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-19634 Filed 7-31-03; 8:45 am]
BILLING CODE 3510-22-S