[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 35970-35971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC091]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce

ACTION: Notice of availability and request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) has received an 
incidental take permit (ITP) application from Port Blakely, associated 
with the Port Blakely Habitat Conservation Plan (HCP) for the John 
Franklin Eddy Forestlands located in Clackamas County, Oregon. Port 
Blakely submitted the ITP application pursuant to the Endangered 
Species Act of 1973, as amended (ESA). The permit, if issued, would 
authorize incidental take of the covered species under NMFS 
jurisdiction resulting from the timber harvest, silviculture, and road 
management activities, as well as take resulting from activities 
carried out as part of the HCP's conservation strategy on the John 
Franklin Eddy Forestlands for a permit term of 50 years. In accordance 
with the National Environmental Policy Act of 1969, as amended (NEPA), 
NMFS announces the availability of a draft environmental assessment 
(Draft EA). NMFS is the lead Federal agency under NEPA, and the U.S. 
Fish and Wildlife Service (USFWS) is a cooperating agency. The Draft EA 
analyzes the potential effects of issuance of the ITPs and approval of 
the HCP.

DATES: Comments on any of the documents or requests for a hearing on 
the application must be received at the appropriate address (see 
ADDRESSES) no later than 5 p.m. Pacific Standard Time on July 14, 2022.

ADDRESSES: Written comments on any documents should be addressed by 
email to [email protected]. Include in the subject line of the 
email comment the following identifier: Comments on Port Blakely's 
Habitat Conservation Plan for the John Franklin Eddy Forestlands. 
Please specify whether the comments provided are associated with the 
HCP or the Draft EA. When commenting, please refer to the specific page 
number and line number of the subject of your comment. The HCP and 
Draft EA are available on the internet at https://www.fisheries.noaa.gov/action/port-blakely-habitat-conservation-plan-john-franklin-eddy-forestlands.

FOR FURTHER INFORMATION CONTACT: Annie Birnie, NMFS, via phone at 503-
230-5407 or via email at [email protected].

SUPPLEMENTARY INFORMATION: We, the National Marine Fisheries Service 
(NMFS) received an incidental take permit application from Port 
Blakely, which includes a habitat conservation plan (HCP) that contain 
measures to minimize and mitigate the impacts of taking of five ESA-
listed species under the jurisdiction of NMFS. Port Blakely also 
submitted an incidental take permit application, including the HCP, to 
the USFWS for 17 species under USFWS jurisdiction. The applicant is 
seeking authorization for the incidental take of the species covered by 
the HCP pursuant to section 10(a)(1)(B) of the Endangered Species Act 
of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.).

Species Included in the HCP

ESA-listed species covered by NMFS:
     Chinook salmon (Oncorhynchus tshawytscha): threatened 
Lower Columbia River (LCR) evolutionarily significant unit (ESU); 
threatened Upper Willamette River (UWR) ESU;
     Coho salmon (Oncorhynchus kisutch): threatened LCR ESU;
     Steelhead (Oncorhynchus mykiss): threatened LCR distinct 
population segment (DPS); threatened UWR DPS.
ESA-listed species covered by USFWS:
     Bull trout (Salvelinus confluentus);
     Gray wolf (Canis lupus); and
     Northern spotted owl (Strix occidentalis caurina).
Non-ESA-Listed Species Covered by USFWS:
     Pacific lamprey (Lampetra tridentata);
     Cascades frog (Rana cascadae);
     Coastal tailed frog (Ascaphus truei);
     Cascade torrent salamander (Rhyacotriton cascadae);
     Oregon slender salamander (Batrachoseps wright);
     Western/North Pacific pond turtle (Actinemys marmorata 
marmorata);
     Northern goshawk (Accipiter gentilis);
     Pacific Fisher (Pekania pennanti);
     Townsend's big-eared bat (Corynorhinus townsendii spp.);
     Hoary bat (Lasiurus cinereus);
     Silver-haired bat (Lasionycteris noctivagans);
     Fringed myotis bat (Myotis thysanodes);
     Long-eared myotis bat (Myotis evotis);
     Long-legged myotis bat (Myotis Volans).

Background

    Section 10(a)(1)(B) of the ESA, as amended (16 U.S.C. 1531 et 
seq.), authorizes the NMFS and USFWS to issue ITPs to non-Federal 
parties for potential incidental take of endangered or threatened 
species as a result of covered activities. In support of its 
applications for such ITPs, Port Blakely prepared an HCP that provides 
an

[[Page 35971]]

assessment of impacts of its timber harvest, silviculture, and road 
management activities in the Clackamas River and Molalla River basins 
of Oregon on the identified species; measures to monitor, minimize and 
mitigate for those impacts on those species; and procedures to account 
for unforeseen or extraordinary circumstances.

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 and USFWS 
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 for NMFS and 50 CFR 17.22(b) and 17.32(b) for USFWS) provide 
for authorizing such incidental take of listed species.
    The proposed issuance of the ITPs is a Federal action requiring 
evaluation under the National Environmental Policy Act of 1969 (NEPA), 
as amended (42 U.S.C. 4321 et seq.), and implementing regulations at 40 
CFR parts 1500-1508. Pursuant to the requirements of NEPA, NMFS 
prepared the Draft EA to evaluate the potential environmental impacts 
of implementation of the proposed HCP. USFWS is a cooperating agency in 
this NEPA process.
    After public review, NMFS will review the comments in coordination 
with the USFWS. NMFS will finalize the EA and determine whether the 
proposed action warrants a finding of no significant impact or whether 
an environmental impact statement should be prepared pursuant to NEPA. 
NMFS will evaluate the permit application submitted by Port Blakely, 
the associated documents, and any comments received, to determine 
whether the permit application meets the requirements of section 
10(a)(1)(B) of the ESA and its implementing regulations. NMFS will also 
evaluate whether issuance of the requested permit would comply with the 
ESA by conducting 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 NMFS 
will fully consider all comments received during the comment period. If 
NMFS determines that all requirements are met, it will issue ITPs under 
section 10(a)(1)(B) of the ESA to Port Blakely for the take of the 
covered species under NMFS jurisdiction, incidental to otherwise lawful 
covered activities.

    Dated: June 7, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2022-12667 Filed 6-13-22; 8:45 am]
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