[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24191-24192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08663]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2022-N230; FXES11140100000-223-FF01E0000]


Western Oregon State Forests Habitat Conservation Plan and 
Incidental Take Permit Application; Draft Environmental Impact 
Statement

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 (FWS), have received an 
incidental take permit (ITP) application from the Oregon Department of 
Forestry (ODF), associated with the Western Oregon State Forests 
habitat conservation plan (HCP), pursuant to the Endangered Species 
Act. If granted, the ITP would authorize incidental take resulting from 
activities and conservation activities carried out as part of the HCP 
conservation strategy. We invite review of and comment on the ITP 
application and the HCP from local, State, and Federal agencies; 
Tribes; and the public. A draft environmental impact statement, 
provided by the National Marine Fisheries Service (lead agency under 
the National Environmental Policy Act), is also available for review.

DATES: Comments must be received no later than June 1, 2022. Any 
comments received after the closing date may not be considered in the 
final decision on these actions.

ADDRESSES: Submitting Comments: You may submit comments in either of 
the following ways:
    Internet: Go to https://www.regulations.gov and enter NOAA-NMFS-
2021-0019 in the Search Box. Follow the instructions for submitting 
comments on NOAA-NMFS-2021-0019. (This is a NOAA docket, because NOAA 
is the lead agency under NEPA.) Please specify whether your comments 
pertain to the Draft EIS or the HCP, and reference specific sections 
and/or page numbers. Written comments to any other address or 
individual, or received after the end of the comment period, may not be 
considered by FWS. All comments received are part of the public record 
and will generally be posted for public viewing on https://www.regulations.gov. All personal identifying information (e.g., name, 
address), confidential business information, or otherwise sensitive 
information submitted voluntarily by the sender will be publicly 
accessible. FWS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).
    Virtual Public Meeting: In its notice of March 18, 2022 (87 FR 
15383), NMFS announced a virtual public meeting for April 6, 2022, 
during which oral comments would be accepted regarding the ITP 
applications, HCP, and Draft EIS.
    If you have already submitted comments on FWS or NMFS species in 
response to the NMFS notice in writing, or orally at the public meeting 
on April 6, 2022, you do not need to resubmit them in response to this 
notice for them to be considered.
    Obtaining Documents for Review: The Draft HCP and draft EIS are 
available for review online at https://www.fisheries.noaa.gov/action/western-oregon-state-forests-habitat-conservation-plan and at https://www.regulations.gov in Docket No. NOAA-NMFS-2021-0019.

FOR FURTHER INFORMATION CONTACT: Joe Zisa, FWS, by phone at 503-231-
6961 or via email at [email protected]. Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(FWS), have received an incidental take permit (ITP) application from 
the Oregon Department of Forestry (ODF), associated with the Western 
Oregon State Forests habitat conservation plan (HCP), pursuant to the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). If granted, the ITP would authorize the incidental take of the 
species included in the HCP, resulting from the activities and 
conservation activities carried out as part of the HCP conservation 
strategy.

[[Page 24192]]

The National Marine Fisheries Service (NMFS) also received an ITP 
application associated with the same HCP, and on March 18, 2022, 
published (87 FR 15383) a notice of the availability inviting comment 
on the ITP applications, the HCP, and a draft environmental impact 
statement (Draft EIS) analyzing the potential effects of issuance of 
the respective ITPs by NMFS and FWS. NMFS is the lead Federal agency 
under the National Environmental Policy Act of 1969, as amended (NEPA), 
for this draft EIS.
    At this time, FWS issues this additional Federal Register notice to 
confirm that (a) FWS has received the ODF ITP application and HCP 
regarding species under FWS's jurisdiction, and (b) FWS is inviting 
public comment on FWS's consideration of the ITP and HCP, in 
conformance with ESA section 10(c), through the same comment period 
process contained in the above-referenced NMFS notice (87 FR 15383).

ESA-Listed Species Under FWS Jurisdiction Included in the HCP

 Northern spotted owl (Strix occidentalis): Threatened
 Marbled murrelet (Brachyramphus marmoratus): Threatened
 Coastal marten (Martes caurina): Threatened coastal distinct 
population segment (DPS)

Non-ESA-Listed Species Addressed by the FWS Included in the HCP

 Oregon slender salamander (Batrachoseps wrighti)
 Columbia torrent salamander (Rhyacotriton kezeri)
 Cascade torrent salamander (Rhyacotriton cascadae)
 Red tree vole (Arborimus longicaudus)

    Species included in the HCP addressed by NMFS are identified in the 
NMFS notice of availability (87 FR 15383).

Background

    Section 9 of the ESA and its Federal regulations prohibit the 
taking of a species listed as endangered or threatened. The ESA defines 
``take'' to mean to harass, harm, pursue, hunt, shoot, wound, kill, 
trap, capture, or collect, or to attempt to engage in any such conduct. 
FWS may issue permits, under limited circumstances, to take listed 
species incidental to, and not the purpose of, otherwise lawful 
activities pursuant to section 10(a)(1)(B) of the ESA and its 
implementing regulations (50 CFR 17.22(b) and 17.32(b)). On February 9, 
2020, NMFS and FWS received separate applications from ODF for ITPs to 
authorize take of the above-mentioned species that may occur incidental 
to ODF's forest and recreation management activities. These activities 
are identified in the NMFS notice of availability (87 FR 15383). The 
ITP applications and HCP also include non-listed species; take coverage 
would become effective for these species if and when they become listed 
during the permit term. The HCP specifies the impacts that will likely 
result from the taking of the species and describes the steps that ODF 
will take to minimize and mitigate such impacts.
    The proposed issuance of the ITPs is considered a Federal action 
under NEPA, and NMFS determined that preparation of an EIS to analyze 
the potential impacts on the human environment was appropriate. A Draft 
EIS was prepared by NMFS in accordance with the requirements of NEPA 
(42 U.S.C. 4321 et seq.), with input from FWS as a cooperating agency. 
Further information regarding the Draft EIS is described in the NMFS 
notice of availability (87 FR 15383).
    In regard to the ITP application to the FWS and the supporting HCP, 
and as noted in the NMFS notice of availability, we specifically 
request information on the following:
    1. Biological information, analysis, and relevant data concerning 
the covered species under FWS jurisdiction, other wildlife, and 
ecosystems.
    2. Potential effects that the proposed permit actions could have on 
the covered species under FWS jurisdiction, and other endangered or 
threatened species, and their habitats, including the interaction of 
the effects of the project with climate change and other stressors.
    3. Adequacy of the proposed action to minimize and mitigate the 
impact of the taking on covered species.
    4. Other information relevant to the HCP.
    FWS and NMFS (the Services) will each make their permit decisions 
based on the statutory and regulatory criteria of the ESA. Their 
decisions will also be informed by the data, analyses, and findings in 
the EIS and public comments received on the Draft EIS and HCP 
accompanying the ITP applications. The Services will each document 
their determinations independently in an ESA section 10 findings 
document, ESA section 7 biological opinion, and NEPA Record of Decision 
(ROD) developed at the conclusion of the ESA and NEPA compliance 
processes. If the Services find that all requirements for issuance of 
the ITPs are met, they will issue the requested permits, subject to 
terms and conditions deemed necessary or appropriate to carry out the 
purposes of ESA section 10.

Authority

    Section 10(c) of the ESA and its implementing regulations (50 CFR 
17.22 and 50 CFR 17.32).

Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-08663 Filed 4-21-22; 8:45 am]
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