[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Page 61026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24486]



[[Page 61026]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XR053]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; extension of comment period.

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SUMMARY: NMFS is extending the public comment period on the proposed 
Deschutes Basin Habitat Conservation Plan (DBHCP) developed by the 
Deschutes Basin Board of the Control and the City of Prineville 
(applicants) in support of their application for an incidental take 
permit from NMFS and the U.S. Fish and Wildlife Service (USFWS). The 
USFWS prepared a draft environmental impact statement (EIS) in 
compliance with the National Environmental Policy Act (NEPA). NMFS is a 
cooperating agency under NEPA for this action.

DATES: The original notice issued on October 4, 2019 (84 FR 53114), 
provided for a comment period to end on November 18, 2019. The comment 
period is now extended 15 days and will close on December 3, 2019. 
Comments must be received at the appropriate address (see ADDRESSES) no 
later than 11:59 p.m. Eastern time on December 3, 2019. Comments 
received after this date may not be accepted.

ADDRESSES: Copies of the proposed DBHCP are available for public 
inspection online at https://www.fisheries.noaa.gov/action/proposed-deschutes-basin-habitat-conservatioin-plan. The draft EIS (and the 
proposed DBHCP) can be viewed online at http://www.regulations.gov, 
Docket No. FWS-R1-ES-2019-0091.
    You may submit comments by the following methods. You do not need 
to resubmit comments if they have already been submitted.
     Electronic Submission: http://www.regulations.gov. Follow 
instructions for submitting comments on Docket No. FWS-R1-ES-2019-0091.
     Hard Copy: Submit by U.S. mail or hand delivery to Public 
Comments Processing, Attn: Docket No. FWS-R1-ES-2019-0091, U.S. Fish 
and Wildlife Service, 5275 Leesburg Pike, MS: JAO/1N, Falls Church, VA 
22041-3803.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Scott Carlon, NMFS (503) 231-2379 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

Statutory Authority

    Section 9 of the ESA prohibits the taking of any listed species. 
The definition of ``take'' under the ESA (16 U.S.C. 1532(19)) includes 
to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or 
attempt to engage in any such conduct. NMFS may issue permits, under 
limited circumstances to take listed species incidental to, and not the 
purpose of, otherwise lawful activity. Section 10(a) of the ESA and 
implementing regulations specify requirements for the issuance of 
incidental take permits (ITP) to non-Federal entities for the take of 
endangered and threatened species. NMFS regulations governing permits 
for threatened and endangered species are at 50 CFR 222.307. Any 
proposed take must be incidental to otherwise lawful activities, not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild, and minimize and mitigate the impacts of such take 
to the maximum extent practicable. In addition, the applicant must 
prepare an habitat conservation plan describing the impact that will 
likely result from such taking, the strategy for minimizing and 
mitigating the take, the funding available to implement such steps, 
alternatives to such taking, and the reason such alternatives are not 
being implemented.

Background

    The NMFS and USFWS received an incidental take permit application 
from the applicants on August 30, 2019. The eight DBBC-member districts 
are quasi-municipal organizations formed and operated according to 
Oregon state law to distribute water to irrigators within designated 
geographic boundaries. Collectively, the districts serve over 7,653 
patrons and provide water for approximately 151,000 acres. The City of 
Prineville operates City-owned infrastructure and provides essential 
services to over 9,000 residents including municipal water supply, 
sewage treatment and public safety.
    The application included the proposed DBHCP, which describes how 
impacts to steelhead, spring-run Chinook salmon, sockeye salmon, bull 
trout and Oregon spotted frog (hereafter covered species) would be 
minimized and mitigated. The proposed DBHCP also describes the 
estimated potential impact on covered species' populations, adaptive 
management, monitoring, and mitigation measures.
    The various activities carried out by the applicants modify the 
quantity and quality of flow in the Deschutes River and its tributaries 
through the storage, release, diversion and return of irrigation water 
and the release of treated municipal sewage. The proposed DBHCP would 
modify covered activities to reduce the negative effects on the covered 
species aquatic habitat.

    Dated: November 5, 2019.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2019-24486 Filed 11-8-19; 8:45 am]
 BILLING CODE 3510-22-P