[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53020-53023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

RIN 0648-XD366
[FWS-R1-ES-2014-N095]


Draft Environmental Impact Statement; Proposed Washington 
Department of Natural Resources Aquatic Lands Habitat Conservation 
Plan, Washington

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce; Fish and Wildlife Service, 
Interior.

ACTION: Notice of availability; announcement of meetings; request for 
comment.

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SUMMARY: The Washington Department of Natural Resources (WDNR) has 
submitted applications to the National Marine Fisheries Service (NMFS) 
and the U.S. Fish and Wildlife Service (FWS) (together, the Services) 
for incidental take permits (permits) for a term of 50 years, pursuant 
to the Endangered Species Act of 1973, as amended (ESA). The permit 
applications address incidental take of listed species caused by WDNR 
authorizations of shellfish aquaculture, log booming and storage, and 
overwater structures undertaken by individuals, businesses, and 
governmental agencies on 2.6 million acres of State-owned aquatic 
lands, including marine and freshwater tidelands, shorelands, and 
bedlands of the State of Washington. The proposed permits would 
authorize take, incidental to otherwise lawful activities, of 29 
species of fish and wildlife, including federally listed threatened and 
endangered species. As required by the ESA, WNDR has prepared a Habitat 
Conservation Plan (HCP) designed to minimize and mitigate the impacts 
to the maximum extent practicable, that will likely result from such 
taking. A draft implementing agreement (IA) for the HCP has also been 
prepared. The Services have jointly prepared a Draft Environmental 
Impact Statement (DEIS) in accordance with requirements of the National 
Environmental Policy Act (NEPA). The DEIS evaluates the impacts of, and 
alternatives to, the proposed HCP and issuance of the permits. We are 
announcing public meetings and requesting public comment on the DEIS, 
proposed HCP, and the IA.

DATES: Written comments on the DEIS, proposed HCP and draft IA must be 
received from interested parties no later than December 4, 2014. The 
Services and the WDNR will conduct four public meetings to inform the 
public about the DEIS, proposed HCP, and the IA. See SUPPLEMENTARY 
INFORMATION section for meeting dates, times, and locations.

ADDRESSES: Obtaining Documents: The DEIS, HCP and related documents are 
available electronically on the World Wide Web at http://www.nwr.noaa.gov/Salmon-Habitat/Habitat-Conservation-Plans/HCPs-in-Process.cfm and http://www.fws.gov/wafwo/.
    Submitting Comments: You may submit written comments by any of the 
following methods:
     U.S. mail: Scott Anderson, National Marine Fisheries 
Service, 510 Desmond Drive SE., Suite 103, Lacey, WA 98503; or Tim 
Romanski, U.S. Fish and Wildlife Service, 510 Desmond Drive SE., Suite 
102, Lacey, WA 98503.
     Email: [email protected]. Include the identifier ``WDNR 
Aquatic Lands HCP EIS'' in the subject line of the message.
     Facsimile: 360-753-9518.
     In-Person: Written comments will be accepted at the public 
meetings, or can be dropped off during regular business hours at the 
above address.
    Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Tim Romanski, U.S. Fish and Wildlife 
Service, 510 Desmond Drive SE., Suite 102, Lacey, WA 98503; telephone 
360-753-9440; facsimile 360-753-9518; or email 
[email protected]; or Scott Anderson, National Marine 
Fisheries Service, 510 Desmond Drive SE., Suite 103, Lacey, WA 98503; 
telephone 360-753-5828; facsimile 360-753-9517; or email 
[email protected]. If you use a telecommunications device for the 
deaf, please call the Federal Information Relay Service TTY 800-877-
8339 or visit Federal Relay at http://www.federalrelay.us/.

SUPPLEMENTARY INFORMATION:

Public Meeting Information and Special Accommodation

    The public meeting locations are physically accessible to people 
with disabilities. Requests for sign language interpretation services 
or other auxiliary aids should be made at least 7 working days prior to 
the meeting date by contacting: Scott Anderson, National Marine 
Fisheries Service, at telephone 360-753-5828; or email 
[email protected]; or Tim Romanski, U.S. Fish and Wildlife 
Service, telephone 360-753-9440; facsimile 360-753-9518; or email 
[email protected].
    The four meetings will be held at the following locations listed 
below:
    1. Tuesday, October 7, 2014, 6 p.m. to 8:30 p.m., Skagit Valley 
College, Mount Vernon Campus, Angst Hall, Room A-125, 2405 East College 
Way, Mount Vernon, WA 98273.
    2. Thursday, October 9, 2014, 6:30 p.m. to 8:30 p.m., Cowlitz 
County Public Utility District Office, 961 12th Avenue, Longview, WA 
98632.
    3. Monday, October 13, 2014, 6:30 p.m. to 8:30 p.m., Pierce County 
Public Library, Processing and Administration Center, Rooms B and C, 
3005 112th Street E, Tacoma, WA 98446.
    4. Wednesday, October 15, 2014, 6:30 p.m. to 8:30 p.m., City of 
Pasco Senior Center, Multi-Purpose Room North, 1315 N 7th Avenue, 
Pasco, WA 99301.

Statutory Authority

    Section 9 of the ESA and its implementing 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

[[Page 53021]]

conduct. Harass is defined as an intentional or negligent act or 
omission which creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns, including breeding, feeding, and sheltering. ``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, and sheltering (50 CFR 17.3). NMFS' definition of 
harm includes 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, and sheltering (64 FR 60727; November 8, 1999) (50 
CFR 222.102).
    Section 10 of the ESA and the implementing regulations provide that 
the Services may issue permits, under limited circumstances, to allow 
the take of listed species incidental to, and not the purpose of, 
otherwise lawful activities. The FWS regulations governing permits for 
endangered species are promulgated in 50 CFR 17.22; regulations 
governing permits for threatened species are promulgated in 50 CFR 
17.32. The NMFS regulations governing permits for threatened and 
endangered species are promulgated at 50 CFR 222.307.

Background

    The WDNR has submitted applications to the Services for permits 
pursuant to section 10(a)(1)(B) of the ESA. As required by section 
10(a)(2)(A) of the ESA, WDNR has developed an HCP designed to minimize 
and mitigate the impacts that will likely result from incidental take, 
of 29 species addressed in the HCP, that is reasonably certain to be 
caused by activities authorized by WDNR on State-owned aquatic lands. 
This HCP addresses multiple species and habitats, and encompasses the 
entirety of the 2.6 million acres of aquatic lands managed by WDNR. 
Nearly all the marine and freshwater bedlands, approximately 70 percent 
of the shorelands of navigable lakes and rivers, and approximately 30 
percent of the tidelines in Washington are owned and managed by the 
State. WDNR is seeking two permits for incidental take of species under 
the respective jurisdictions of NMFS and the FWS. Each Permit would 
have a term of 50 years to run concurrently with the HCP. This term 
ensures that WDNR will be able to implement the defined conservation 
strategies and monitoring efforts for all activities covered by the HCP 
that currently exist on State-owned aquatic lands.
    The Services formally initiated public scoping for the proposed HCP 
and EIS through publication of a Notice in the Federal Register on 
October 24, 2006 (71 FR 62251). That notice announced a public scoping 
period during which interested parties were invited to provide written 
comments expressing their issues or concerns relating to the proposal, 
and to attend five public scoping meetings held between October 24, 
2006, and November 8, 2006, at various locations in Washington. 
Utilizing the public scoping comments, the Services have prepared a 
DEIS to analyze the effects of the alternatives on the human 
environment. The DEIS, proposed HCP, and IA documents are now available 
for public review and comment with this notice.

Covered Activities

    WDNR's goal in developing this HCP is to provide a process for 
management of State-owned aquatic lands that meets the applicable 
requirements of the ESA and WDNR's responsibilities to manage aquatic 
lands for a balance of public uses and environmental protection. This 
includes ensuring that the effects of the specific WDNR activities 
included in the permit will be mitigated to the maximum extent 
practicable, and that there is no appreciable reduction in the 
likelihood of the survival or recovery of a covered species in the wild 
due to permitted incidental take or habitat degradation. The HCP 
provides a method for habitat management on State-owned aquatic lands 
that supports species recovery and reduces the risk of extinction. The 
HCP focuses on a set of activities that WDNR can affect both how and 
where they occur on State-owned aquatic lands. Three general categories 
of authorized activities are included in the HCP: Shellfish 
aquaculture, log booming and storage, and overwater structures.
    Shellfish aquaculture includes the operations, facilities and 
structures that WDNR authorizes on State-owned aquatic lands associated 
with the commercial planting and harvesting of shellfish. The 
harvesting of wildstock shellfish is not covered.
    Log booming and storage includes placing logs into and taking them 
out of the water, assembling and disassembling of log rafts before or 
after their movement in water-borne commerce, and water-based sorting 
and temporary holding of the logs. Log storage includes the water 
storage of logs in rafts or other preparation for shipment in water-
borne commerce. The use of aquatic lands for these activities occurs as 
part of larger commercial logging operation, and because the activities 
are closely related, WDNR frequently combines the two activities into a 
single authorization.
    Overwater structures are defined as structures built over, under, 
or floating on the water associated with recreation, industry, or 
habitation. The group is broken into two categories: Single element 
structures, meaning those with only one associated structure such as a 
private pier; and multiple element structures that contain a complex of 
interrelated structures at a single facility, such as a commercial 
marina or shipping terminal. Activities associated with overwater 
structures typically occur year-round, with heavier use of recreational 
facilities occurring in the summer. While a majority of the structures 
are permanent, structures such as mooring buoys, floating docks, or 
rafts may be removed in the winter. Although authorizations for 
overwater structures vary in duration, the structures themselves may 
remain indefinitely. This is particularly true for multiple-element 
structures, where the structures are often valuable enough to remain in 
place across multiple lease terms and business operators.

Covered Species

    The Aquatic Lands HCP addresses 29 listed and non-listed species of 
fish, birds, and other animals. The FWS has jurisdiction for 15 of the 
covered species, including the marbled murrelet (Brachyamphus 
marmoratus), western snowy plover (Charadrius alexandrinus nivosus), 
black tern (Chlidonias niger), harlequin duck (Histrionicus 
histrionicus), common loon (Gavia immer), Columbia spotted frog (Rana 
luteiventris), northern leopard frog (Rana pipiens), Oregon spotted 
frog (Rana pretiosa), western toad (Bufo boreas), Pacific pond turtle 
(Actinemys marmorata), Pacific lamprey (Lampetra tridentata), bull 
trout (Salvelinus confluentus), coastal cutthroat trout (Oncorhynchus 
clarki clarki), kokanee salmon (Oncorhynchus nerka), and white sturgeon 
(Acipenser transmontanus). The marbled murrelet, western snowy plover, 
and bull trout are listed as threatened under the ESA. The Oregon 
spotted frog (Rana pretiosa) is a species proposed for listing as 
threatened or endangered.
    The NMFS has jurisdiction for 14 of the covered species including 
Chinook salmon (Oncorhynchus tshawytscha), coho salmon (Oncorhynchus 
kisutch), chum salmon (Oncorhynchus keta), sockeye salmon (Oncorhynchus 
nerka), pink salmon (Oncorhynchus gorbuscha), steelhead trout 
(Oncorhynchus mykiss),

[[Page 53022]]

green sturgeon (Acipenser medirostris), eulachon (Thaleichthys 
pacificus), Pacific herring (Clupea pallasi), Pacific sand lance 
(Ammodytes hexapterus), surf smelt (Hypomesus pretiosus), bocaccio 
rockfish (Sebastes paucispinis), canary rockfish (Sebastes pinniger), 
yelloweye rockfish (Sebastes ruberrimus), and southern resident orca 
(Orcinus orca). Chinook, chum, coho, sockeye, and steelhead trout have 
one or more evolutionary significant units that are designated as 
endangered or threatened under the ESA. In addition, the yelloweye 
rockfish, canary rockfish, eulachon, and green sturgeon are listed as 
threatened under the ESA. The southern resident orca and bocaccio are 
listed as endangered under the ESA.

Covered Lands

    The Aquatic Lands HCP covers those lands directly owned by the 
State of Washington and managed by WDNR that underlie navigable 
freshwater, marine, and estuarine waters within the State of 
Washington. Under Federal law, Washington received title to those lands 
upon Statehood, and the State asserted ownership in Article XVII, 
Section 1 of the Washington State Constitution. This HCP does not cover 
aquatic lands that were sold into private ownership, managed by 
agencies other than WDNR, or are under waters that are not navigable 
for establishing State title.
    Navigable waters are those lands that are capable of serving as a 
highway for commerce in their natural and ordinary condition, using 
customary modes of travel and trade on water. WDNR presumes all bodies 
of water meandered by a government surveyor to be navigable for the 
purpose of establishing State title, unless declared otherwise by a 
court. If there is a dispute about whether a water body is navigable 
for the purpose of vesting title in the State, the judiciary makes the 
final determination.
    While State ownership in saltwater is well established, the extent 
of State-owned aquatic lands underlying freshwater is less established, 
because the navigability of some waterbodies has yet to be analyzed or 
adjudicated. In addition, because State ownership, and thus WDNR's 
management authority, generally follows gradual changes in the boundary 
of the water body caused by natural accretion, erosion, and reliction, 
the location of waterbodies managed by WDNR may change over time.
    The WDNR manages approximately 2.6 million acres of submerged land, 
including the attached biological communities (submerged aquatic 
vegetation and infauna). State-owned aquatic land extends 3 miles 
waterward into the Pacific Ocean, and includes submerged lands and 
resources to the center of the Strait of Juan de Fuca, Haro Strait, 
Boundary Pass, and the Strait of Georgia; the aquatic lands and 
resources surrounding the San Juan Archipelago; and the lands and 
resources underlying Puget Sound, Hood Canal, and navigable rivers and 
lakes across the State.

Alternatives

    The following is a brief summary of the three alternatives 
evaluated in the DEIS and HCP (for details, refer to those documents):
    Alternative 1: No-action--Under this alternative, WDNR would not 
implement a HCP, and permits would not be issued by the Services. The 
WDNR would continue managing and leasing State-owned aquatic lands in 
accordance with current practices, but no specific management 
strategies would be implemented by WDNR to ensure compliance with the 
ESA. The WDNR would not conduct a direct evaluation under the ESA of 
the effects of its management actions, nor would it consider the 
cumulative effects of its activities. WDNR would manage requests for 
uses of State-owned aquatic lands on a site-by-site basis. Currently, 
many use authorization agreements issued by Washington DNR require the 
implementation of practices designed to protect environmental 
resources. Additionally, Washington DNR has various programs currently 
in place that help conserve habitat (e.g., the Aquatic Reserves 
Program, Derelict Vessel Removal Program, and the Aquatic Lands 
Restoration Program). However, the degree of habitat protection, and 
the frequency and consistency of implementation, would not be assured 
over time without a HCP and permits because WDNR would not be committed 
to a fully funded HCP and a legally binding permit.
    Alternative 2: Proposed Action--Under this alternative, WDNR would 
implement the proposed HCP, and the Services would issue permits 
covering three general categories of activities (shellfish aquaculture, 
log booming and storage, and overwater structures) in freshwater, 
estuarine, and marine environments, provided all legal requirements are 
met (see the Covered Activities section above). A specific conservation 
program would be implemented through the HCP to ensure compliance with 
the ESA.
    Alternative 3: HCP for Marine Areas Only--Under this alternative, 
WDNR would implement an HCP, and the Services would issue permits for 
covered activities only in marine and estuarine environments, provided 
all legal requirements are met. The activities, species, and area 
covered under this alternative would generally be a subset of those 
included under Alternative 2, and the HCP would focus on those species 
most likely to be affected. The HCP would not cover the Columbia 
spotted frog, Oregon spotted frog, northern leopard frog, western toad, 
Pacific pond turtle, or black tern, because in Washington State, these 
species occur only in freshwater habitats. Washington DNR would 
implement all of the elements of the HCP operating conservation program 
to ensure compliance with the ESA, but in marine and estuarine areas 
only. WDNR's habitat protection and restoration programs and actions 
would be applied toward compensation for unavoidable impacts from 
authorized uses in marine and estuarine waters only. In freshwater 
areas, WDNR would manage State-owned aquatic lands as described for 
Alternative 1, No Action, so there would not be the added protections 
of the HCP for the freshwater activities.

Public Availability of Comments

    Comments and materials we receive, as well as supporting 
documentation we use in preparing the final EIS, will become part of 
the public record and will be available for public inspection by 
appointment, during regular business hours, at the Service's Washington 
Fish and Wildlife Office (see ADDRESSES). Before including your 
address, phone number, email address, or other personal identifying 
information in your comment(s), you should be aware that your entire 
comment(s)--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment(s) to withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA (16 U.S.C. 1539) and NEPA (42 U.S.C. 4371 et 
seq.) and its implementing regulations (40 CFR 1506.6).


[[Page 53023]]


    Dated: August 25, 2014.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
    Dated: August 25, 2014.
Richard R. Hannan,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.

[FR Doc. 2014-21198 Filed 9-4-14; 8:45 am]
BILLING CODE 3510-22-P; 4310-55-P