[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37070-37071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13264]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA127]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of one Incidental Take Permit application and
one Enhancement of Survival Permit application; availability of a draft
environmental assessment; request for comments.
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SUMMARY: Notice is hereby given that NMFS has received one Incidental
Take Permit application and one Enhancement of Survival Permit
[[Page 37071]]
application for Sierra Pacific Land & Timber Company's (SPL&T) Habitat
Conservation Plan (HCP) and Safe Harbor Agreement (SHA). The HCP/SHA
has been submitted pursuant to Section 10(a)(1)(B) and Section
10(a)(1)(A) of the Endangered Species Act (ESA) of 1973, as amended.
NMFS has also prepared a draft environmental assessment (EA) under the
National Environmental Policy Act (NEPA) describing the potential
effects of NMFS' proposed issuance of the Permits associated with the
submitted HCP/SHA.
SPL&T is the largest private forestland owner in the state of
California, with ownership currently encompassing approximately 1.64
million acres of timberland throughout the northern and central
portions of the state. Sierra Pacific Industries (SPI) is the
authorized representative and manager of SPL&T lands. Rivers and
streams on portions of SPL&T lands in the Trinity River and Sacramento
River basins provide habitat for anadromous salmonids, including
species listed under the ESA. NMFS is furnishing this notice in order
to allow other agencies and the public an opportunity to review and
comment on these documents. All comments and other information received
will become part of the public record and will be available for review.
DATES: Comments or requests for a public hearing on the applications
must be received at the appropriate address (see ADDRESSES) no later
than 5 p.m. Pacific standard time on July 20, 2020.
ADDRESSES: Written comments on the submitted HCP/SHA and/or the draft
NEPA EA should be addressed to the NMFS California Central Valley
Office, Attn: Sierra Pacific Industries HCP/SHA, 650 Capitol Mall,
Suite 5-100, Sacramento, CA 95814. Comments may also be submitted via
email to [email protected]. Include in the subject line of
the email the following identifier: Comments on Sierra Pacific
Industries HCP/SHA. Please specify whether the comments provided are
associated with the HCP/SHA or the draft NEPA EA. When commenting,
please refer to the specific page number and the subject of your
comment. The documents are available on the internet at: https://www.fisheries.noaa.gov/action/habitat-conservation-plan-and-safe-harbor-agreement-sierra-pacific-industries-forestland.
FOR FURTHER INFORMATION CONTACT: Amanda Cranford, Sacramento, CA, at
phone number: (916) 930-3706, or via email: [email protected].
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This Notice
Chinook salmon (Oncorhynchus tshawytscha), (Evolutionary
Significant Units (ESU)): Central Valley (CV) spring-run ESU and
Sacramento River (SR) winter-run ESU.
Coho salmon (O. kisutch), (ESU): Southern Oregon/Northern
California Coast (SONCC) ESU.
Steelhead (O. mykiss), (Distinct Population Segments (DPS)):
California Central Valley (CCV) DPS.
Background
SPI has prepared a joint HCP/SHA to address effects of forest land
management in the Sacramento River and Trinity River basins on
salmonids listed under the ESA. The HCP addresses potential impacts
resulting from SPI's timber harvest activities in watersheds with
watercourses accessible to anadromous salmonids or upstream of those
watercourses where potential effects from covered activities have the
potential to extend to occupied habitat. Section 10(a)(1)(B) of the ESA
authorizes NMFS to issue an Incidental Take Permit to non-Federal
parties for the potential incidental taking of endangered and
threatened species. In support of an Incidental Take Permit, SPI has
prepared a HCP that provides an assessment of impacts; measures to
monitor, minimize, and mitigate for those impacts; and procedures to
account for unforeseen or extraordinary circumstances.
The SHA addresses potential impacts resulting from SPI's timber
harvest activities on SPL&T lands in the Sacramento and Trinity River
basins upstream of currently impassable dams where NMFS is proposing to
reintroduce populations of ESA-listed salmonids. The purpose of the SHA
is to provide incentives for non-Federal property owners to voluntarily
conduct beneficial activities that either support or attract ESA-listed
species. The SHA ensures that new restrictions are not placed on the
future use of the property during the permit term, as long as the
participating non-Federal property owners meet the terms of the SHA.
The SHA identifies the Covered Species, boundaries of the enrolled
property, the conservation benefits, the extent of incidental take, and
the SHA Assurances. The incidental taking identified in the SHA is
authorized under a Section 10(a)(1)(A) Enhancement of Survival Permit.
The SHA prepared by SPI is reasonably expected to meet the regulatory
standard of producing a net conservation benefit for ESA-listed
salmonids to be reintroduced onto SPL&T lands.
Authority
Section 9 of the ESA and Federal regulations prohibit the taking of
a species listed as endangered or threatened. The ESA defines ``take''
to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to 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 activities. Section
10(a)(1)(B) of the ESA and implementing regulations (50 CFR 222.307)
provide for authorizing incidental take of listed species.
Enhancement of Survival permits are issued in accordance with
Section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations
governing listed fish and wildlife permits (50 CFR 222.308). NMFS
issues permits based on findings that such permits: (1) Are applied for
in good faith; (2) if granted and exercised, would not operate to the
disadvantage of the listed species that are the subject of the permit;
and (3) are consistent with the purposes and policy of Section 2 of the
ESA. The authority to take listed species is subject to conditions set
forth in the permits.
NEPA requires Federal agencies to conduct an environmental analysis
of their proposed actions to determine if the actions may affect the
human environment. Therefore, NMFS is seeking public input on the scope
of the required NEPA analysis in the EA, including the range of
reasonable alternatives and associated impacts of any alternatives.
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the applications, associated documents, and comments
submitted to determine whether the applications meet the requirements
of section 10(a) of the ESA and Federal regulations. The final permit
decisions will not be made until after the end of the 30-day comment
period. NMFS will publish notice of its final action in the Federal
Register.
Dated: June 15, 2020.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020-13264 Filed 6-18-20; 8:45 am]
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