[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43286-43287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15423]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2022-0084; FXES11140100000-223-FF01E00000]


Proposed Habitat Conservation Plan for the Mazama Pocket Gopher; 
Receipt of Incidental Take Permit Application; Infrastructure 
Improvements in 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 (Service), received an 
application from Thurston County Public Works (applicant) for an 
incidental take permit (ITP) pursuant to the Endangered Species Act. 
The ITP would authorize take of the Yelm subspecies of the Mazama 
pocket gopher (Thomomys mazama yelmensis), incidental to otherwise 
lawful safety and infrastructure improvements at Steilacoom Road and at 
the Marvin and Mullen Road intersection 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 our 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: We must receive your written comments on or before August 19, 
2022. Any comments received after the closing date may not be 
considered in the final decision on these actions.

ADDRESSES: 
    Obtaining documents: You may obtain copies of the documents online 
at https://www.regulations.gov in Docket No. FWS-R1-ES-2022-0084, or at 
https://www.fws.gov/wafwo/.

[[Page 43287]]

    Submitting comments: To submit written comments, please use one of 
the following methods:
     Internet: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R1-ES-2022-0084.
     Email: [email protected]. Include ``Steilacoom Road and 
Marvin-McMullin Intersection Improvements HCP'' in the subject line of 
the message.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R1-ES-2022-0084; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Madison McGroarty, by email at 
[email protected] or by telephone at 360-338-2473. 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 
(Service), received an application, including a habitat conservation 
plan (HCP), from Thurston County Public Works (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 permit, if issued, would authorize incidental take of the 
Yelm subspecies of the Mazama pocket gopher (Thomomys mazama yelmensis) 
(pocket gopher) incidental to construction associated with upgrades and 
improvements to Steilacoom Road and at the Marvin and Mullen Road 
intersection in Thurston County, Washington, for a period of 10 years. 
The HCP describes actions the applicant would take to minimize and 
mitigate the impacts of the taking on the covered species.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered or threatened. 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).
    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.

Proposed Action

    The applicant proposes to construct safety and infrastructure 
improvements at Steilacoom Road and the intersection of Marvin and 
Mullen Roads in Thurston County, Washington. The permit area consists 
of 3.26 acres for the Steilacoom Road project and 2.05 acres for the 
Marvin and Mullen Intersection project. Areas within the project 
rights-of-way would be excavated, graded and paved to construct new 
sidewalks and lanes. Other activities covered under the HCP would 
include utility relocation, and the installation of permanent 
stormwater facilities.
    Approximately 2.92 acres within the 5.31-acre permit area consist 
of suitable and occupied habitat for the pocket gopher; however, the 
total number of individuals likely present in the permit area is 
unknown. The impacts to suitable and occupied habitat will therefore 
serve as a surrogate for the amount and extent of take anticipated over 
the term of the requested permit.
    To offset the impact of the taking, the applicant proposes to fund 
permanent management and maintenance of 4 acres of occupied habitat for 
the gopher. Thurston County proposes to secure mitigation at an 
existing conservation site provided it meets criteria outlined in the 
HCP and the sites can be secured prior to project implementation.
    The Service's proposed action is to issue the requested 10-year ITP 
based on the applicant's commitment to implement the HCP provided that 
all requirements for ITP issuance under applicable law are met 
including, without limitation, ESA section 10(a)(2)(B) permit issuance 
criteria (36 U.S.C. 1539(a)(2)(B).

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, without limitation, adequacy of the HCP, whether the 
HCP meets requirements for permits at 50 CFR parts 13 and 17, and 
adequacy of the EAS pursuant to the requirements of NEPA. We will post 
all comments on https://www.regulations.gov. This generally means that 
we will post online any personal information that you provide (see 
Public Availability of Comments under SUPPLEMENTARY INFORMATION). We 
request that you submit comments by only the methods described in 
ADDRESSES.

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.

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 46.205).

Nanette Seto,
Acting Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-15423 Filed 7-19-22; 8:45 am]
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