[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19338-19339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05703]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2024-N012; FXES11140800000-245-FF08EKLA00]


Incidental Take of Endangered Species; PacifiCorp Klamath 
Hydroelectric Project Interim Operations Habitat Conservation Plan in 
OR and CA; Permit Transfer

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of permit transfer.

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SUMMARY: In 2014, under the Endangered Species Act, we, the U.S. Fish 
and Wildlife Service (Service), issued an incidental take permit (ITP) 
authorizing take of two federally endangered fish species incidental to 
otherwise lawful activities associated with implementation of the 
PacifiCorp Klamath Hydroelectric Project Interim Operations Habitat 
Conservation Plan. Subsequently, the Klamath River Renewal Corporation 
and the States of Oregon and California acquired ownership of lands 
covered by the ITP. We now announce that the Service has carried out a 
partial transfer of the ITP to these entities.

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Regional Habitat 
Conservation Planning Coordinator, by email at [email protected] or 
by telephone at 805-448-7484. 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: On January 28, 2013, we, the U.S. Fish and 
Wildlife Service, published a Federal Register notice announcing the 
availability for public comment of a draft environmental assessment 
(EA) under the National Environmental Policy Act (NEPA) for the interim 
operations of the Klamath Hydroelectric Project on the Klamath River, 
in Klamath County, Oregon, and Siskiyou County, California (78 FR 5830; 
January 28, 2013).
    The EA was in association with an incidental take permit (ITP) 
application we received from PacifiCorp under the Endangered Species 
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), for take of two 
fish species, the Lost River sucker (Deltistes luxatus) and the 
shortnose sucker (Chasmistes

[[Page 19339]]

brevirostris), both of which are federally listed as endangered. After 
considering comments, on February 20, 2014, we issued the ITP to 
PacifiCorp, authorizing take of the species incidental to otherwise 
lawful activities associated with implementation of the PacifiCorp 
Klamath Hydroelectric Project Interim Operations Habitat Conservation 
Plan (HCP).
    Subsequently, the Klamath River Renewal Corporation (KRRC) and the 
States of Oregon and California acquired ownership of lands covered by 
the ITP for the HCP. The KRRC and the States of Oregon and California 
expressed the desire to continue implementing pertinent provisions of 
the HCP on these lands and to continue to be covered by an ITP.
    Partial transfer of an ITP is expressly authorized at 50 CFR 13.25. 
On November 30, 2023, KRRC and the States of Oregon and California 
submitted to the Service an application for an ITP, along with the 
assignment and assumption agreement to fulfill the requirements of 
processing the partial transfer of the HCP to KRRC and the States of 
Oregon and California.
    On December 19, 2023, the Service, the KRRC, the States of Oregon 
and California, and PacifiCorp entered into an assignment and 
assumption agreement to facilitate the transfer of all relevant 
obligations to the KRRC and the States of Oregon and California and the 
partial transfer of permit TE52096A from PacifiCorp to KRRC and the 
States of Oregon and California, pursuant to 50 CFR 13.25.
    Notice is hereby given that, on December 19, 2023, as authorized by 
the provisions of the ESA, the Service issued an ITP (PER 6149438) to 
KRRC and the States of Oregon and California subject to certain 
conditions set forth therein. The permit was granted only after the 
Service determined that it was applied for in good faith, that granting 
the permit would not be to the disadvantage of the endangered species, 
and that it will be consistent with the purposes and policies set forth 
in the ESA.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations (50 CFR 17.32) and the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).

Jennie Land,
Field Supervisor, Klamath Falls Fish and Wildlife Office, Klamath 
Falls, Oregon.
[FR Doc. 2024-05703 Filed 3-15-24; 8:45 am]
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