[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40783-40784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17668]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N076; FXES11140100000-189-FF01E00000]


Habitat Conservation Plan for the Yelm Subspecies of the Mazama 
Pocket Gopher, Thurston County, Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an 
application from Mr. Todd Tveten for an incidental take permit (ITP) 
pursuant to the Endangered Species Act of 1973, as amended (ESA). The 
ITP would authorize ``take'' of the Yelm pocket gopher, incidental to 
otherwise lawful activities during construction of a single-family home 
and agricultural shop 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 (EAS) 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 
September 17, 2018.

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 and 
obtain additional information on the internet at http://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``Tveten HCP'' in the 
subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2018-N076; U.S. Fish and Wildlife Service; Washington Fish and Wildlife 
Office; 510 Desmond Drive SE, Suite 102; Lacey, WA 98503.

[[Page 40784]]

     In-Person Drop-off, Viewing, or Pickup: Call 360-753-5823 
to make an appointment (necessary for viewing or picking up documents 
only) during regular business hours at the above address.

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: The Service received an application for an 
ITP pursuant to Section 10(a)(1)(B) of the ESA. The applicant requests 
a 3-year permit term that would authorize ``take'' of the threatened 
Yelm pocket gopher (Thomomys mazama yelmensis), hereafter referred to 
as Yelm pocket gopher, incidental to construction of one single-family 
home on land the applicant owns in Thurston County, Washington. The 
application includes a HCP that describes actions the applicant will 
take to minimize and mitigate the impacts of the taking on the covered 
species.

Background

    Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531) 
prohibits ``take'' of fish and wildlife species listed as endangered or 
threatened. 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 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 in 50 CFR 17.22 and 17.32, respectively.

Proposed Action

    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. Covered activities include construction of a single-
family home and an agricultural building. The area covered under the 
HCP consists of an approximately one-half acre project development site 
and an approximately one acre conservation site on land owned by the 
applicant. Take of the Yelm pocket gopher would occur within the half-
acre development site and will be offset by granting Thurston County a 
perpetual conservation easement over an acre of occupied habitat, for 
the purpose of ensuring that it is perpetually managed for the benefit 
of the covered species. Funding for management of the conservation 
easement would be assured. The applicant may have the conservation 
easement released in the future if it purchases credits from a Service-
approved conservation bank for the Yelm pocket gopher, which would 
provide equivalent or greater conservation benefits to the species. At 
present, no such conservation bank exists.

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 
NEPA.

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 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 by appointment, during normal business hours, at our 
Washington Fish and Wildlife Office (see ADDRESSES).

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA and NEPA and their implementing regulations (50 
CFR 17.32 and 40 CFR 1506.6, respectively).

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-17668 Filed 8-15-18; 8:45 am]
 BILLING CODE 4333-15-P