[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 19016-19017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06980]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2020-N047; FXES11140100000-201-FF01E00000]


DeChaux Habitat Conservation Plan for the Yelm Subspecies of the 
Mazama Pocket Gopher, Thurston County, Washington; Categorical 
Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, received an 
application from Duane DeChaux (applicant) for an incidental take 
permit (ITP) pursuant to the Endangered Species Act of 1973, as amended 
(ESA). The ITP would authorize the applicant's take of the Yelm pocket 
gopher, incidental to otherwise lawful activities during construction 
of their 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 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: Please submit written comments by May 4, 2020.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods:
     Internet: You may view or download the habitat 
conservation plan, draft environmental action statement, and additional 
information on the internet at http://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``DeChaux HCP'' in 
the subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N047; 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), 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). The ITP would authorize the 
applicant's ``take'' of the Yelm pocket gopher (Thomomys mazama 
yelmensis) incidental to otherwise lawful activities during 
construction of their 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 
(NEPA; 42 U.S.C. 4321 et seq.). We provide this notice to open a public 
comment period and invite comments from all interested parties 
regarding the documents.

Background

    Section 9 of the ESA 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,

[[Page 19017]]

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 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 applicant proposes to construct a single-family residence, 
including a home, driveway, landscaping areas, underground utilities, 
and an agricultural building on 5 acres in Thurston County, Washington. 
All construction and landscaping activity will be confined to an area 
encompassing 1.28 acres. The applicant will continue to implement 
agricultural activities as conditioned by commitments in the HCP on the 
remaining acreage.
    The property is currently occupied by the Yelm pocket gopher. The 
applicant proposes to offset adverse effects to the species by 
executing a conservation easement with Thurston County for a 2.58-acre 
conservation site within the 5-acre property. The conservation site 
will be managed for successful Yelm pocket gopher feeding, breeding, 
and sheltering. The Service proposes to issue the requested 10-year ITP 
based on the applicant's commitment to implement the HCP, if permit 
issuance criteria are met.

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 
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, we will assess the comments received and 
finalize the EAS. 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 the proposed ITP action. 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(c) of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 
4321 et seq.), and their implementing regulations (at 50 CFR 17.32 and 
40 CFR 1506.6, respectively).

Mary M. Abrams,
Deputy Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-06980 Filed 4-2-20; 8:45 am]
BILLING CODE 4333-15-P