[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22246-22248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08717]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2020-N003; FXES11140100000-212-FF01E00000]


Habitat Conservation Plan for Lorraine Tveten Single-Family 
Residence, Thurston County, Washington

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, received an 
application from Ms. Lorraine Tveten for an incidental take permit 
(ITP) pursuant to the Endangered Species Act of 1973, as amended. The 
ITP would

[[Page 22247]]

authorize ``take'' of the Yelm pocket gopher, incidental to otherwise 
lawful activities during construction of a single-family home and 
agricultural buildings 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: To ensure consideration, please submit written comments by May 
27, 2021.

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 environmental action statement, and additional information at 
http://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``Lorraine Tveten 
HCP'' in the subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N003; 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 U.S. Fish and Wildlife Service 
(Service), received an application from Lorraine Tveten (applicant) 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.). The applicant requests an ITP for a period of 3 years that would 
authorize ``take'' of the threatened Yelm pocket gopher (Thomomys 
mazama yelmensis) incidental to construction of a single-family home on 
land the applicant owns in Thurston County, Washington. The application 
includes a proposed habitat conservation plan (HCP), which describes 
actions the applicant would take to minimize and mitigate the impacts 
of the taking on the covered species. We have also prepared a draft 
environmental action statement (EAS) and low-effect screening form for 
our preliminary determination that the HCP and permit decision may be 
eligible for a categorical exclusion under the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.).

Background

    Section 9 of the ESA and its implementing regulations prohibit 
``take'' of fish and wildlife species listed as endangered (16 U.S.C. 
1538(a)(1)). Section 4 of the ESA allows FWS to issue regulations which 
prohibit the take of any fish and wildlife species listed as 
threatened, as well (16 U.S.C. 1533(d)). The take prohibition has been 
extended to the Yelm pocket gopher, although certain activities have 
been excluded (50 CFR 17.40). 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)). 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 at 50 CFR 17.22 and 17.32.

Proposed Action

    Covered activities include construction of a single-family home and 
an agricultural building. The area covered under the HCP consists of a 
0.33-acre (ac) project development site and a 0.75-ac conservation site 
on land owned by the applicant. Take of the Yelm pocket gopher would 
occur within the 0.33-ac development site. The impacts of the taking on 
the Yelm pocket gopher would be offset by permanently managing 0.75 ac 
of occupied habitat for the covered species on the applicant's land, 
until and unless the take impacts are offset by purchasing equivalent 
credits from a Service-approved conservation bank for the Yelm pocket 
gopher.
    The Service proposes to issue the requested 3-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 written 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 upon request of the Washington Fish and Wildlife 
Office (see ADDRESSES).

Next Steps

    After public review, we will evaluate the permit application, 
associated documents, and any comments received

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to determine whether the permit application meets the requirements of 
section 10(a)(2)(B) of the ESA. We will also evaluate whether issuance 
of the requested permit would comply with section 7 of the ESA by 
conducting an intra-Service 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.

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 its implementing 
regulations (50 CFR 17.32), and NEPA (42 U.S.C. 4321 et seq.) and its 
implementing regulations (40 CFR 1506.6 and 43 CFR 46.305).

Robyn Thorson,
Regional Director, Interior Regions 9 and 12, U.S. Fish and Wildlife 
Service.
[FR Doc. 2021-08717 Filed 4-26-21; 8:45 am]
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