[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66292-66294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27887]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N089; FXES11140100000-189-FF01E00000]


Endangered and Threatened Wildlife and Plants; Capitol Boulevard 
Infrastructure Improvements Habitat Conservation Plan and Environmental 
Assessment for the Olympia Subspecies of the Mazama Pocket Gopher, 
Thurston County, Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an 
application from the City of Tumwater Public Works Department for an 
incidental take permit (ITP) pursuant to the Endangered Species Act. 
The application includes a habitat conservation plan (HCP), which 
describes the actions the applicant will take to minimize and mitigate 
the impacts of the taking of the threatened Olympia subspecies of the 
Mazama pocket gopher that may occur incidental to the otherwise lawful 
activities during construction of safety and infrastructure 
improvements at the intersection of Capitol Boulevard and Tumwater 
Boulevard in Tumwater, Washington.

[[Page 66293]]

We also announce the availability of a draft environmental assessment 
addressing the HCP and proposed permit. We invite the public to review 
and comment on the documents.

DATES: To ensure consideration, please submit written comments by 
January 25, 2019.

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 
draft EA and obtain additional information on the internet at http://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``City of Tumwater 
Capitol Boulevard Safety and Infrastructure Improvements HCP/EA'' in 
the subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2018-N089; U.S. Fish and Wildlife Service, Washington Fish and Wildlife 
Office, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503.
     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 (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 from the 
City of Tumwater Public Works Department for an ITP, pursuant to the 
section 10(a)(1)(B) of the ESA. The applicant has requested a 5-year 
permit term that would authorize ``take'' of the threatened Olympia 
subspecies of the Mazama pocket gopher (Thomomys mazama pugetensis, 
hereafter Olympia pocket gopher) incidental to construction of safety 
and infrastructure improvements in Thurston County, Washington. The 
application includes a HCP that describes the 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 et 
seq.) 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 carry 
out 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 HCP. 
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 5-year ITP based on the 
applicant's commitment to implement the HCP, if permit issuance 
criteria are met. Covered activities include construction of needed 
safety and infrastructure improvements. The area covered under HCP 
consists of a 3-acre project development site located at the 
intersection of Capitol Boulevard and Tumwater Boulevard in Thurston 
County, Washington. Take of the Olympia pocket gopher would occur on 
approximately 0.8 acres of occupied habitat and will be offset by 
permanent management of 0.8 acres of occupied habitat for the covered 
species at the Deschutes Corridor Conservation Site.

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 the adequacy of the HCP pursuant to the requirements 
for permits at 50 CFR parts 13 and 17 and the adequacy of the draft EA 
pursuant to the requirements of 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).

Next Steps

    After public review and completion of the EA, we will determine 
whether the proposed action warrants a finding of no significant impact 
or whether an environmental impact statement should be prepared. We 
will evaluate the permit application, associated documents, and any 
comments received, to determine whether the permit application meets 
the requirements of section 10(a)(1)(B) of the ESA. We will also 
evaluate whether issuance of the requested section 10(a)(1)(B) permit 
would comply with section 7 of the ESA by conducting an intra-Service 
section 7 consultation under section 7(a)(2) of the ESA on anticipated 
ITP actions. The final NEPA and permit determinations will not be 
completed until after the end of the 30-day comment period and will 
fully consider all comments received during the comment period. If we 
determine that all requirements are met, we will issue an ITP under 
section 10(a)(1)(B) of the ESA to the applicant for the take of the 
covered species, incidental to otherwise lawful covered activities.

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA and NEPA and their

[[Page 66294]]

implementing regulations (50 CFR 17.22 and 40 CFR 1506.6, 
respectively).

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-27887 Filed 12-21-18; 8:45 am]
BILLING CODE 4333-15-P