[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Pages 83864-83867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28064]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N171]; [FXES11120100000-167-FF01E00000]


Proposed Habitat Conservation Plan and Draft Environmental 
Assessment for Streaked Horned Lark; Port of Portland Properties, 
Portland, Oregon

AGENCY: Fish and Wildlife Service, Interior

ACTION: Notice of availability; notice of permit application; request 
for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
incidental take permit application from the Port of Portland pursuant 
to the Endangered Species Act of 1973, as amended (ESA). The requested 
permit would authorize the take of the streaked horned lark. The permit 
application includes a proposed habitat conservation plan (HCP) that 
describes the activities that would result in the incidental taking, 
and the measures the applicant will take to minimize and mitigate for 
the potential adverse impacts to streaked horned larks. We also 
announce the availability of a draft environmental assessment (EA) that 
has been prepared to evaluate the permit application in accordance with 
the requirements of the National Environmental Policy Act of 1969 
(NEPA). We are making the permit application package, including the 
HCP, and draft EA available for public review and comment.

DATES: To ensure consideration, written comments must be received from 
interested parties no later than January 6, 2017.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comments are in reference to the ``Port of Portland HCP.''
     Internet: Documents may be viewed on the Internet at 
http://www.fws.gov/oregonfwo/.
     Email: [email protected]. Include ``Port of Portland 
HCP'' in the subject line of the message or comments.
     U.S. Mail: State Supervisor, Oregon Fish and Wildlife 
Office, U.S. Fish and Wildlife Service; 2600 SE 98th Avenue, Suite 100; 
Portland, OR 97266.
     Fax: 503-231-6195, Attn: Port of Portland HCP.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment (necessary for viewing or picking up documents only), 
during normal business hours at the Oregon Fish and Wildlife Office, 
U.S. Fish and Wildlife Service; 2600 SE 98th Avenue, Suite 100; 
Portland, OR 97266; telephone 503-231-6179. Written comments can be 
dropped off during regular business hours at the above address on or 
before the closing date of the public comment period (see DATES).

FOR FURTHER INFORMATION CONTACT: Richard Szlemp, U.S. Fish and Wildlife 
Service (see ADDRESSES); telephone: 503-231-6179; facsimile: 503-231- 
6195. If you use a telecommunications device for the deaf, please call 
the Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We have received an incidental take permit 
application from the Port of Portland pursuant to the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; ESA). The 
requested permit would authorize the take of the streaked horned lark 
(Eremophila alpestris strigata). The permit application includes a 
proposed habitat conservation plan (HCP) that describes the activities 
that would result in the incidental taking, and the measures the 
applicant will take to minimize and mitigate for the potential adverse 
impacts to streaked horned larks. We also announce the availability of 
a draft environmental assessment (EA) that has been prepared to 
evaluate the permit application in accordance with the requirements of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; 
NEPA). We are making the permit application package,

[[Page 83865]]

including the HCP, and draft EA available for public review and 
comment.

Background

    Section 9 of the ESA prohibits the take of fish and wildlife 
species listed as endangered or threatened under section 4 of the ESA. 
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 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, which include, but are not limited to, breeding, feeding, or 
sheltering (50 CFR 17.3).
    Under specified circumstances, we may issue permits that authorize 
take of federally listed species, provided the take is incidental to, 
but not the purpose of, an otherwise lawful activity. Regulations 
governing permits for threatened species are at 50 CFR 17.32. Section 
10(a)(1)(B) of the ESA contains provisions for issuing such incidental 
take permits to non-Federal entities for the take of federally listed 
species, provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicant will prepare a conservation plan that, to the 
maximum extent practicable, identifies the steps the applicant will 
take to 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 we may 
require as being necessary or appropriate for the purposes of the plan
    We listed the streaked horned lark as a threatened species on 
October 3, 2013 (78 FR 61452), with critical habitat, and established a 
special rule under section 4(d) of the ESA to exempt certain airport 
maintenance activities and operations, agricultural activities, and 
noxious weed control activities from the take prohibitions of the ESA. 
Historically, nesting habitat was found on western Oregon prairies, and 
on sandy beaches and spits along the Columbia and Willamette Rivers. 
Today, the streaked horned lark nests in a broad range of habitats, 
including native prairies, coastal dunes, fallow and active 
agricultural fields, wetland mudflats, sparsely vegetated edges of 
grass fields, recently planted Christmas tree farms with extensive bare 
ground, fields denuded by overwintering Canada geese, gravel roads or 
gravel shoulders of lightly traveled roads, airports, and dredge 
deposition sites in the lower Columbia River. Wintering streaked horned 
larks use habitats that are very similar to breeding habitats.

Proposed Action

    We propose to approve the HCP and to issue a permit with a term of 
30 years to the Port of Portland for incidental take of streaked horned 
larks caused by covered activities, if permit issuance criteria are 
met. The Port of Portland owns and manages lands occupied by nesting 
and wintering streaked horned larks, including undeveloped lands within 
the Rivergate Industrial District (Rivergate) and at the Portland 
International Airport (PDX), including the PDX Intermediate Zone and 
Southwest Quadrant (SW Quad), collectively, the project areas. 
Incidental take of up to a total of 46 streaked horned lark nesting 
pairs over a 30-year permit term may occur. Incidental take would be 
associated with future commercial and industrial land development 
within the project areas, as well as aviation wildlife hazard 
management activities within the PDX Intermediate Zone and SW Quad. The 
Port of Portland would create the Sandy Island Conservation Area to 
mitigate for the anticipated take of streaked horned lark.
    The Rivergate Project Area is located within the Rivergate 
Industrial District in Portland, Oregon, on the peninsula in north 
Portland bordered by the Columbia River, the Willamette River, and 
their confluence. The Rivergate Industrial District is Portland's 
largest industrial park, including 2,800 acres of warehousing, 
distribution, manufacturing, and processing facilities. The land itself 
was created or improved for development by the Port with the placement 
of fill material (mostly sandy dredged material) to elevate building 
sites to the surrounding grade and provide a substrate suitable for 
development. The Rivergate Project Area consists of approximately 120.5 
acres across six undeveloped parcels that are scattered among other 
developed parcels within the industrial district, of which 
approximately 40.7 acres is considered suitable habitat for the 
streaked horned lark. The Rivergate parcels are bordered by roads, rail 
lines, parking lots, industrial buildings, and the Columbia Slough.
    The creation of suitable habitat for streaked horned larks at 
Rivergate was an unintended consequence of the development of the 
Rivergate Industrial Park and the Port of Portland's ongoing use and 
maintenance of the site. The Port of Portland's preparation of building 
sites within the Rivergate Industrial Park, including the parcels of 
the Rivergate Project Area, created large open areas with exposed soils 
that have proved to be attractive to the streaked horned lark. These 
conditions have been largely maintained by routine site management, 
such as occasional mowing and discing, to keep parcels ready for 
development and to generally reduce seasonal fire hazards within the 
industrial district. This site is planned to be developed for 
industrial use within one to two years. Most of the Port of Portland's 
aviation wildlife hazard management activities occur within the 4,867-
acre PDX Intermediate Zone comprising:
     The area within the airfield perimeter fence, a 300-foot 
buffer around the perimeter fence, and runway protection zones 
(together, the Primary Zone); and
     Port of Portland owned airport land outside of the Primary 
Zone, much of which is under the approach or transitional surfaces of 
the runways.
    Land management decisions within the Primary Zone are subject to 
the single dedicated land use of operating an airport and the 
associated public aviation safety concerns. The Port of Portland's land 
management objectives for the remainder of the PDX Intermediate Zone 
are similar and land uses in this area are intended to be compatible 
with aviation public safety. Throughout the PDX Intermediate Zone, 
wildlife management is critical to airport safety and the Port of 
Portland designs and implements its Federal Aviation Administration 
approved wildlife hazard management plan with the objective of 
eliminating or reducing to the extent practicable all attractants for 
wildlife species of aviation concern, including streaked horned larks.
    Most of the PDX Intermediate Zone is either developed or paved or 
is regularly mowed or disced to maintain low, sparse herbaceous cover 
or bare ground. This regular maintenance to eliminate or reduce 
aviation wildlife hazards, in accordance with the wildlife hazard 
management plan, promotes conditions consistent with suitable streaked 
horned lark habitat. Most of the undeveloped upland portions of the PDX

[[Page 83866]]

Intermediate Zone have the potential to be used by streaked horned 
larks, although the specific extent of currently suitable streaked 
horned lark habitat within the PDX Intermediate Zone is unknown.
    The SW Quad is an approximately 204.7-acre open field within the 
PDX Intermediate Zone and immediately adjacent to PDX runways and 
taxiways. For this reason, the SW Quad is an optimal location for 
future PDX airport infrastructure. The SW Quad is also bordered by 
paved roads, other PDX commercial buildings, and open space lands 
associated with the Riverside Country Club and the Broadmoor Golf 
Course.
    Historically, the SW Quad contained extensive wetlands. However, 
the Port of Portland filled these wetlands (in accordance with 
applicable regulations) between 1994 and 2005 and installed a 
perforated pipe drainfield to prevent the recurrence of wetland habitat 
attractive to wildlife species of concern to aviation safety. The SW 
Quad is currently an open expanse of mostly barren fill material with 
sparse herbaceous weedy plants. Much of the SW Quad is mowed or disced 
annually to deter and discourage avian species of concern to aviation 
safety from the airfield and surrounding properties and to reduce the 
risk of wildlife/aircraft collisions; however, this management 
inadvertently created and currently maintains suitable streaked horned 
lark habitat. Of the 204.7 acres at the SW Quad, approximately 77 acres 
are considered suitable habitat for the streaked horned lark. This site 
is anticipated to be developed about 20 or more years from now.
    Sandy Island is located in the Columbia River at River Mile 75.8, 
directly across from the public boat ramp at the Port of Kalama in 
unincorporated Columbia County, Oregon. Sandy Island is composed of 
approximately 340 acres. Approximately 312 acres of Sandy Island is 
human-made by historic and current dredged material placement. This 
portion of the island is owned by the Oregon Department of State Lands 
(DSL). The original island landform is approximately 28 acres and is in 
private ownership. Because Sandy Island is within waters of the state, 
DSL regulates the natural resources of the island. Sandy Island is open 
to the public and accessible by boat.
    The proposed Sandy Island Conservation Area consists of piled 
dredged sand with a relatively flat, sparsely vegetated plateau. The 
plateau is perched 40 to 50 feet above the shoreline and includes a 
small grove of approximately 20 black cottonwood (Populus trichocarpa) 
trees and a small depression along the northern portion of the site. 
Vegetation is partly sparse and the land cover is a mosaic of bare 
sand, grasses, forbs, invasive Scot's broom (Cytisus scoparius) shrubs, 
mosses, and lichens, but also transitions abruptly to forested wetlands 
and riparian habitat. The repeated placement of dredged material at the 
proposed Sandy Island Conservation Area, with the most recent 
depositions occurring between 1997 and 2011, created habitat for the 
streaked horned lark that has been occupied by three to five nesting 
pairs in recent years.
    No additional dredged material placement is anticipated, as this 
site is considered to be full. Without recurring site disturbance and/
or vegetation management, natural succession of the vegetation will 
degrade existing streaked horned lark habitat and is expected to cause 
the loss of suitable habitat at this site in the near future. The 32.0 
acres of the proposed Sandy Island Conservation Area is designated 
critical habitat for the streaked horned lark.
    Proposed mitigation measures consist of the Port of Portland 
refraining from conducting vegetation management within Rivergate, the 
SW Quad, and the proposed Sandy Island Conservation Area during the 
streaked horned lark nesting season (April 1 to August 31) to avoid 
directly killing or wounding individuals or causing nest abandonment. 
Interim conservation measures consist of the reinstatement or 
continuation of occasional mowing or discing at Rivergate, and 
continued implementation of similar activities at SW Quad for existing 
streaked horned lark habitat. The Port of Portland will also continue 
to mow roadside perimeters and will maintain Jersey barriers currently 
in place as an interim conservation measure at Rivergate to prevent 
unwarranted site access and to reduce the risk of fire. These 
activities satisfy the Port of Portland's needs to properly maintain 
its properties, but incidentally benefit the streaked horned lark by 
maintaining the characteristics of suitable habitat at Rivergate and 
the SW Quad until development occurs. The conservation benefit of this 
routine site management allows Rivergate and the SW Quad to maintain 
more habitat for use by streaked horned larks over the duration of the 
incidental take permit than would likely be achieved in the absence of 
these activities.
    The Port of Portland will enter into a 30-year term conservation 
easement on the Sandy Island Conservation Area with DSL. Immediately 
following the issuance of the incidental take permit, the Port of 
Portland will provide for the protection, management, and monitoring of 
approximately 32 acres of currently suitable and restorable streaked 
horned lark habitat at the proposed Sandy Island Conservation Area to 
maintain and attract additional nesting streaked horned larks as added 
mitigation for the impacts of the requested incidental taking of 
streaked horned larks.

National Environmental Policy Act Compliance

    The proposed issuance of a section 10(a)(1)(B) permit under the Act 
is a Federal action that triggers the need for compliance with NEPA. We 
have prepared a draft EA to analyze the environmental impacts of two 
alternatives related to the issuance of a permit and implementation of 
the conservation program under the proposed HCP. The two alternatives 
are the No Action alternative and the proposed action (see Proposed 
Action described above). We also considered several other alternatives 
that are briefly described in the draft EA but dismissed them from 
detailed analysis for the reasons described in the draft EA.
    Under the No Action alternative, an incidental take permit would 
not be issued by the Service, and the Port of Portland's proposed HCP 
would not be approved. Any incidental take outside the 4(d) Special 
Rule exemption would not be authorized and the Port of Portland would 
assume all legal risks for unauthorized take without an incidental take 
permit.
    Under the No Action Alternative, the Port of Portland would not use 
the project areas in a way that would result in the incidental taking 
of streaked horned larks outside activities covered under the 4(d) 
Special Rule Exemption. The Port of Portland has unintentionally 
created suitable streaked horned lark habitat within the Project Areas. 
The Port of Portland would cease active site management contributing to 
the creation of suitable streaked horned lark habitat, and allow the 
Project Areas to naturally transition out of suitable habitat as 
vegetation increases in density and height. Once streaked horned larks 
no longer breed on site at Rivergate, and streaked horned larks do not 
occupy the area, the Port of Portland would move forward in developing 
the parcels. The Port of Portland would continue to rely on the 
authority of the 4(d) Special Rule to continue aviation wildlife hazard 
management activities on SW Quad, likely changing the type of 
management strategies to those that do not favor the creation or 
maintenance of streaked

[[Page 83867]]

horned lark habitat. It is expected that streaked horned larks would 
leave the site before development of the SW Quad occurs. The Port of 
Portland would not establish the Sandy Island Conservation Area to 
provide conservation benefits to streaked horned larks. Without active 
site management to maintain and improve suitable streaked horned lark 
habitat at this site, increasing levels of encroaching vegetation would 
naturally transition out of suitable and occupied habitat.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. We request data, comments, new 
information, or suggestions from the public, other concerned 
governmental agencies, the scientific community, Tribes, industry, or 
any other interested party on our proposed Federal action.

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 personal identifying information 
in your comments, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying 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, as well as supporting 
documentation, will be available for public inspection by appointment, 
during normal business hours, at our Oregon Fish and Wildlife Office 
(see ADDRESSES).

Next Steps

    After considering public comments, we will make a decision 
regarding whether the proposed HCP and draft EA meet the requirements 
of section 10(a)(1)(B) of the ESA and the requirements of NEPA. We will 
not make a final decision on our proposed action until after the end of 
the 45-day public comment period on this notice, and we will fully 
consider all comments we receive during the public comment period. If 
we determine that all the requirements are met, we would issue the 
incidental take permit under the authority of section 10(a)(1)(B) of 
the ESA and sign a finding of no significant impact following the 
requirements of NEPA.

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 NEPA (42 U.S.C. 
4321 et seq.) and their implementing regulations (50 CFR 17.32, and 40 
CFR 1506.6, respectively).

Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-28064 Filed 11-21-16; 8:45 am]
 BILLING CODE 4333-15-P