[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Pages 49757-49758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20544]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2019-N086; FXES11140100000-190-FF01E00000]


Habitat Conservation Plan for the Yelm Pocket Gopher; Incidental 
Take Permit Application in Thurston County, Washington; Categorical 
Exclusion

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, have received an 
application from M-Gopher, LLC, for an incidental take permit (ITP) 
pursuant to the Endangered Species Act. The ITP would authorize 
``take'' of the Yelm subspecies of the Mazama pocket gopher, incidental 
to otherwise lawful activities during construction of a single-family 
home in Thurston County, Washington. The application includes a habitat 
conservation plan (HCP) with

[[Page 49758]]

measures to minimize and mitigate the impacts of the taking of the Yelm 
pocket gopher. We have also prepared a draft environmental action 
statement (EAS) that includes our preliminary determination that the 
ITP decision may be eligible for categorical exclusion under the 
National Environmental Policy Act. We provide this notice to open a 
public comment period and to invite comments from all interested 
parties regarding the above-referenced documents.

DATES: To ensure consideration, please submit written comments by 
October 23, 2019.

ADDRESSES: To access or request documents, request further information, 
and/or submit written comments, please use the following methods:
     Internet: You may view or download copies of the HCP and 
EAS, and obtain additional information, at http://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``M-Gopher HCP'' in 
the subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2019-N086; 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, 
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: We, the U.S. Fish and Wildlife Service 
(Service), have received an application for an incidental take permit 
(ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). M-Gopher, LLC (the 
applicant), requests a 7-year permit term that would authorize ``take'' 
of the Yelm subspecies of the Mazama pocket gopher (Thomomys mazama 
yelmensis), hereafter referred to as Yelm pocket gopher, incidental to 
construction of one single-family home on land in Thurston County, 
Washington. This species is listed as threatened under the ESA. The 
application includes a habitat conservation plan (HCP) that describes 
actions the applicant will take to minimize and mitigate the impacts of 
the taking on the Yelm pocket gopher. We have prepared an environmental 
action statement (EAS) for the Service's proposed action, in accordance 
with the requirements of the National Environmental Policy Act of 1969 
(NEPA; 42 U.S.C. 4321 et seq.). The EAS includes our preliminary 
determination that the ITP decision may be eligible for categorical 
exclusion under NEPA.

Background

    Section 9 of the ESA and its implementing regulations in title 50 
of the Code of Federal Regulations prohibit ``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)).
    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 ITP based on the 
applicant's commitments to implement the HCP, if permit issuance 
criteria are met. Covered activities include construction of a single-
family home. The area covered under the M-Gopher, LLC, HCP consists of 
an approximately 0.75-acre project development site, and purchase of a 
1-acre mitigation area at an offsite location, the Leitner Prairie 
conservation site. Take of the Yelm pocket gopher would occur within 
the development site. Offsetting the impacts of the taking of the Yelm 
pocket gopher would occur through the permanent protection of the 
mitigation area. Funding for the management of the mitigation site 
would be assured as described in the HCP.

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 respective implementing 
regulations (50 CFR 17.32 and 40 CFR 1506.6).

Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-20544 Filed 9-20-19; 8:45 am]
 BILLING CODE 4333-15-P