[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Notices]
[Pages 48723-48724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17579]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2020-N105; FXES11140100000-201-FF01E00000]


Proposed Habitat Conservation Plan for the Taylor's Checkerspot 
Butterfly and Three Subspecies of the Mazama Pocket Gopher, Puget Sound 
Energy; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), received an 
application from Puget Sound Energy (applicant) for an incidental take 
permit (ITP) pursuant to the Endangered Species Act of 1973, as 
amended. The ITP would authorize the applicant's take of three 
threatened subspecies of the Mazama pocket gopher incidental to 
otherwise lawful activities during replacement, repair, and upgrade of 
existing utility systems 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, 
including maintenance of occupied habitat. The HCP would also result in 
habitat improvement for the endangered Taylor's checkerspot butterfly, 
which is not a covered species, at one mitigation site. The Service has 
prepared a draft environmental action statement for our preliminary 
determination that the HCP and permit decision may be eligible for a 
categorical exclusion under the National Environmental Policy Act. We 
invite the public to review and comment on these documents.

DATES: To ensure consideration, please submit written comments by 
September 11, 2020.

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, 
draft EAS, and additional information on the internet at http://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``PSE HCP'' in the 
subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N105; U.S. Fish and Wildlife Service; Washington Fish and Wildlife 
Office; 510 Desmond Drive SE, Suite 102; Lacey, WA 98503.

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 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 et seq.). If the application is approved, the ITP 
would authorize the applicant's ``take'' of three threatened subspecies 
of the Mazama pocket gopher (Thomomys mazama pugetensis, T. m. 
yelmensis, and T. m. tumuli) incidental to otherwise lawful activities 
during replacement, repair, and upgrades of existing utility systems in 
Thurston County, Washington, for a period of 5 years. The application 
includes a habitat conservation plan (HCP) with measures to minimize 
and mitigate the impacts of the taking on the above covered species, 
and to improve habitat for the endangered Taylor's checkerspot 
butterfly (Euphydryas editha taylori), which is not a 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 a categorical exclusion under the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.).

Background

    Puget Sound Energy proposes to conduct maintenance, replacement, 
and upgrades of existing electric power and natural gas systems in 
Thurston County, Washington. Covered activities may include pole 
replacement, cable or pipe repairs, and tree pruning projects for 
purposes of safety and efficiency. Work may also include conversion of 
overhead power lines to underground power lines in existing rights-of-
way, short extension of existing feeder lines, and new gas service to 
existing homes where the gas supply pipes already exists at the street. 
In some cases, project activity would occur in potential habitat for 
three subspecies of the Mazama pocket gopher, but would not occur in 
critical habitat for these species. Puget Sound Energy would offset 
impacts to each of the covered species through the establishment and 
maintenance of permanent mitigation sites. Specifically, the applicant 
would permanently maintain suitable breeding, feeding and sheltering 
habitat for each of the covered species. In addition, the applicant 
would improve habitat for the Taylor's checkerspot butterfly at one 
mitigation site. However, the applicant does not anticipate any take of 
Taylor's checkerspot butterfly, and is not currently seeking ITP 
coverage for take of the Taylor's checkerspot butterfly.
    The permit area includes 340,000 acres of lands in Thurston County, 
bounded to the west by the Black River and to the north by Interstate 
5, and an area of more-preferred soils for the Mazama pocket gopher, as 
depicted in the HCP (Figure 3-1). The permit area encompasses lands 
where covered activities may occur, as well as 13 parcels of mitigation 
lands at 5 locations where mitigation would occur. The Service proposes 
to issue an ITP with a term limit of 5 years based on Puget Sound 
Energy's commitment to implement their proposed HCP, if permit issuance 
criteria are met.

Endangered Species Act

    Section 9 of the 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,

[[Page 48724]]

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 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.

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.

Next Steps

    After public review, 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. If we determine that the 
project qualifies for a categorical exclusion under NEPA because 
neither the permit nor the permit issuance is anticipated to 
significantly affect the quality of the human environment, we will 
finalize the EAS. 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 (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321 
et seq.), and their implementing regulations (50 CFR 17.32 and 40 CFR 
1506.6, respectively).

Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-17579 Filed 8-11-20; 8:45 am]
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