80 FR 60169 - Draft Habitat Conservation Plan for Oregon Department of Transportation Routine Maintenance Activities
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 192 (October 5, 2015)
Fish and Wildlife Service
Federal Register Volume 80, Issue 192 (October 5, 2015)
| Page Range | 60169-60171 | |
| FR Document | 2015-25216 |
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)] [Notices] [Pages 60169-60171] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25216] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2015-N181; FXES11120100000-156-FF01E00000] Draft Habitat Conservation Plan for Oregon Department of Transportation Routine Maintenance Activities AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have received an application from the Oregon Department of Transportation (ODOT) for an incidental take permit (permit) under the Endangered Species Act (ESA) of 1973, as amended. The ODOT's application requests a 25-year permit that would authorize ``take'' of the endangered Fender's blue butterfly and the threatened Oregon silverspot butterfly incidental to otherwise lawful activities associated with road right- of-way (ROW) maintenance and management activities. The application includes ODOT's draft habitat conservation plan (HCP), which describes the actions ODOT will implement to minimize and mitigate the impacts of incidental take caused by covered activities. We invite comment on the application, draft HCP, and the Service's draft environmental action statement (EAS) and preliminary determination that the draft HCP qualifies for a categorical exclusion under the National Environmental Policy Act (NEPA). DATES: Written comments on the draft HCP and the NEPA categorical exclusion determination must be received from interested parties no later than November 4, 2015. ADDRESSES: To request further information or submit written comments, please use one of the following methods, and note that your information request or comments are in reference to the ODOT HCP.Internet: Documents may be viewed on the Internet at http://www.fws.gov/oregonfwo/ToolsForLandowners/HabitatConservationPlans/. Email: [email protected]. Include ``ODOT HCP'' in the subject line of the message or comments. U.S. Mail: State Supervisor, Oregon Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266. Fax: 503-231-6195, Attn: ODOT HCP. In-Person Viewing or Pickup: Comments and materials received will be available for public inspection, by appointment, during normal business hours at the Oregon Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266. FOR FURTHER INFORMATION CONTACT: Richard Szlemp, U.S. Fish and Wildlife Service (see ADDRESSES), telephone: 503-231-6179, facsimile: 503-231- 6195. If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Background Section 9 of the ESA (16 U.S.C. 1531 et seq.) prohibits the take of fish and wildlife species listed as endangered or threatened under section 4 of the ESA. 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 an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it 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). Under specified circumstances, the Service may issue permits that authorize take of federally listed species, provided the take is incidental to, but not the purpose of, an otherwise lawful activity. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the ESA contains provisions for issuing such incidental take permits to non- Federal entities for the take of endangered and threatened species, provided the following criteria are met: (1) The taking will be incidental; (2) The applicant will prepare a conservation plan that, to the maximum extent practicable, identifies the steps the applicant will take to 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 [[Page 60170]] require as being necessary or appropriate for the purposes of the plan. Proposed Action The Service proposes to approve the HCP and to issue a permit, both with a term of 25 years, to ODOT for incidental take of the endangered Fender's blue butterfly (Icaricia icarioides fenderi) and the threatened Oregon silverspot butterfly (Speyeria zerene hippolyta) caused by covered activities, if permit issuance criteria are met. The HCP addresses routine maintenance activities on ODOT-managed roads and their associated right-of-ways (ROWs) throughout Oregon. The ROW is defined as property along the State highway system owned by ODOT, including paved surface, shoulders, and drainage ditches. Medians and interchanges associated with the highway system are part of the ROW. The ROW width varies considerably and is often based on property purchased when the highway was constructed. Typically, the ROW boundary is just beyond the top of slopes cut into hills or the bottom of low areas filled for construction of the highway. Populations of Federal and State listed plants known to occur within ODOT ROW were field located through targeted surveys, verified, and posted. The ``Operational Roadway'' is that portion of the ROW that has been identified as critical for maintaining the integrity of the highway and the safety of the travelling public. Under the HCP, ODOT will not specifically protect or manage listed plants or butterfly habitat in the Operational Roadway because of the importance of this area for road safety and functionality. This does not preclude the continued presence of listed species and is one reason an incidental take permit is being sought. ODOT has identified known populations of listed species outside the Operational Roadway that they propose to avoid impacting. ODOT established a Special Management Area (SMA) Program designed to protect and manage threatened and endangered species, primarily plants, occurring adjacent to the highway. The specific boundary between the Operational Roadway and protected areas is determined on a case-by-case basis, depending on topography, highway features and facilities, and proximity to protected resources. When a roadside ditch is present, the Operational Roadway typically ends 4 feet beyond the bottom center of the ditch. When no ditch is apparent, the Operational Roadway boundary is usually 10 feet beyond the edge of pavement. Under the HCP, the SMAs incorporate the known populations of rare plants on ODOT ROW that ODOT has agreed to avoid impacting. In most cases, only periodic maintenance is necessary in SMAs and site-specific restrictions have been developed to protect listed species in each SMA. However, most of the highway facilities that require routine maintenance are located in the Operational Roadway. All federally listed plants in Oregon are also protected by State law under the Oregon Endangered Species Act, and their protection and conservation are administered by the Oregon Department of Agriculture (ODA). The Oregon ESA protects many other plant species beyond those protected under the Federal ESA. All State agencies, including ODOT, must consult with ODA when a proposed action on land owned or leased by the State, or for which the State holds a recorded easement, has the potential to appreciably reduce the likelihood of the survival or recovery of any listed plant species. ODA will accept the HCP as the foundation for consultation with ODOT regarding possible routine roadside maintenance impacts to State listed plants. Because of the Oregon ESA, conservation measures for many plant species are included in the HCP, but they will not be included under the incidental take permit since the Federal ESA has very limited take prohibitions with respect to federally listed plants. The anticipated extent of impacts for which incidental take permit coverage is sought includes 0.066 acre of Fender's blue butterfly larval host plants and 1.11 acres of adult nectar plants. These impacts will be mitigated at a ratio of 3:1. Impacts to the Oregon silverspot butterfly along the ROW would amount to about 0.27 acre of its habitat. These impacts would occur as a result of ODOT mowing less than a mile of ROW containing herbaceous flowering plants alongside U.S. Highway 101 in the central coast area to discourage use by Oregon silverspot butterflies so as to reduce their likelihood of being hit by highway traffic. Additional measures may involve increasing listed butterfly nectar and larval food plants in meadows that are distant from the road, and adding hedgerow or forest fringe shelter to meadows on both sides of the highway so listed butterflies will not have to cross the road to access nectar and larval plant resources. National Environmental Policy Act Compliance The development of the draft HCP and the proposed issuance of an incidental take permit is a Federal action that triggers the need for compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) (NEPA). We have made a preliminary determination that the proposed HCP and permit issuance are eligible for categorical exclusion under the NEPA. The basis for our preliminary determination is contained in an EAS, which is available for public review (see ADDRESSES). Public Comments You may submit your comments and materials by one of the methods listed in the ADDRESSES section. We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on our proposed Federal action. We particularly seek comments on the following: (1) Biological data or other information regarding the Fender's blue butterfly and Oregon silverspot butterfly; (2) additional information concerning the range, distribution, population size, and population trends of these butterflies; (3) current or planned activities in the HCP area and their possible impacts on these species; (4) the presence of archeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns in the HCP area, which are required to be considered in Federal project planning by the National Historic Preservation Act; (5) identification of any other environmental issues that should be considered with regard to the permit action; and (6) information regarding the adequacy of the HCP pursuant to the requirements for permits at 50 CFR parts 13 and 17. 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 personal identifying information in your comments, you should be aware that your entire comment-- including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation will be available for public inspection by appointment, during normal business hours, at our Oregon Fish and Wildlife Office (see ADDRESSES). [[Page 60171]] Next Steps We will evaluate the HCP, as well as any comments we receive, to determine whether implementation of the HCP would meet the criteria for issuance of a permit under section 10(a)(1)(B) of the ESA. We will also evaluate whether the proposed permit action would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation. We will consider the results of this consultation, in combination with the above findings, in our final analysis to determine whether or not to issue a permit to the ODOT. We will not make the final NEPA and permit decisions until after the end of the 30-day public comment period on this notice, and we will fully consider all comments we receive during the public comment period. If we determine that the permit issuance requirements are met, the Service will issue a permit to the ODOT. Authority We provide this notice in accordance with the requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.), and NEPA (42 U.S.C. 4321 et seq.) and their implementing regulations (50 CFR 17.22 and 40 CFR 1506.6, respectively). Paul Henson, Oregon State Supervisor, U.S. Fish and Wildlife Service, Portland, Oregon. [FR Doc. 2015-25216 Filed 10-2-15; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices 60169
Number of re- Frequency of Responses Burden hour Annual burden Hourly cost
Information collection Annual cost
spondents response per annum per response hours per response
Public Housing RAD—
Application Form ...... 5,900 1 5,900 2 11,800 $40 $472,000
Total ...................... 5,900 ........................ 5,900 ........................ 11,800 ........................ 472,000
B. Solicitation of Public Comment application requests a 25-year permit device for the deaf, please call the
This notice is soliciting comments that would authorize ‘‘take’’ of the Federal Information Relay Service at
from members of the public and affected endangered Fender’s blue butterfly and 800–877–8339.
parties concerning the collection of the threatened Oregon silverspot SUPPLEMENTARY INFORMATION:
information described in Section A on butterfly incidental to otherwise lawful
activities associated with road right-of- Background
the following:
(1) Whether the proposed collection way (ROW) maintenance and Section 9 of the ESA (16 U.S.C. 1531
of information is necessary for the management activities. The application et seq.) prohibits the take of fish and
proper performance of the functions of includes ODOT’s draft habitat wildlife species listed as endangered or
the agency, including whether the conservation plan (HCP), which threatened under section 4 of the ESA.
information will have practical utility; describes the actions ODOT will Under the ESA, the term ‘‘take’’ means
(2) The accuracy of the agency’s implement to minimize and mitigate the to harass, harm, pursue, hunt, shoot,
estimate of the burden of the proposed impacts of incidental take caused by wound, kill, trap, capture, or collect, or
collection of information; covered activities. We invite comment to attempt to engage in any such
(3) Ways to enhance the quality, on the application, draft HCP, and the conduct (16 U.S.C. 1532(19)). The term
utility, and clarity of the information to Service’s draft environmental action ‘‘harm,’’ as defined in our regulations,
be collected; and statement (EAS) and preliminary includes significant habitat modification
(4) Ways to minimize the burden of determination that the draft HCP or degradation that results in death or
the collection of information on those qualifies for a categorical exclusion injury to listed species by significantly
who are to respond; including through under the National Environmental impairing essential behavioral patterns,
the use of appropriate automated Policy Act (NEPA). including breeding, feeding, or
collection techniques or other forms of DATES: Written comments on the draft sheltering (50 CFR 17.3). The term
information technology, e.g., permitting HCP and the NEPA categorical ‘‘harass’’ is defined in our regulations as
electronic submission of responses. exclusion determination must be an intentional or negligent act or
HUD encourages interested parties to received from interested parties no later omission which creates the likelihood of
submit comment in response to these than November 4, 2015. injury to wildlife by annoying it to such
questions. ADDRESSES: To request further an extent as to significantly disrupt
Authority: 12 U.S.C. 1701z–1 Research information or submit written normal behavioral patterns, which
and Demonstrations. comments, please use one of the include, but are not limited to, breeding,
following methods, and note that your feeding, or sheltering (50 CFR 17.3).
Dated: September 30, 2015.
information request or comments are in Under specified circumstances, the
Colette Pollard,
reference to the ODOT HCP. Service may issue permits that authorize
Department Reports Management Officer,
• Internet: Documents may be viewed take of federally listed species, provided
Office of the Chief Information Officer.
on the Internet at http://www.fws.gov/ the take is incidental to, but not the
[FR Doc. 2015–25259 Filed 10–2–15; 8:45 am] purpose of, an otherwise lawful activity.
oregonfwo/ToolsForLandowners/
BILLING CODE 4210–67–P
HabitatConservationPlans/. Regulations governing permits for
• Email: ODOTHCPcomments@ endangered and threatened species are
fws.gov. Include ‘‘ODOT HCP’’ in the at 50 CFR 17.22 and 17.32, respectively.
DEPARTMENT OF THE INTERIOR subject line of the message or Section 10(a)(1)(B) of the ESA contains
comments. provisions for issuing such incidental
Fish and Wildlife Service • U.S. Mail: State Supervisor, Oregon take permits to non-Federal entities for
[FWS–R1–ES–2015–N181; Fish and Wildlife Office, U.S. Fish and the take of endangered and threatened
FXES11120100000–156–FF01E00000] Wildlife Service, 2600 SE 98th Avenue, species, provided the following criteria
Suite 100, Portland, OR 97266. are met:
Draft Habitat Conservation Plan for • Fax: 503–231–6195, Attn: ODOT (1) The taking will be incidental;
Oregon Department of Transportation HCP. (2) The applicant will prepare a
Routine Maintenance Activities • In-Person Viewing or Pickup: conservation plan that, to the maximum
AGENCY: Fish and Wildlife Service, Comments and materials received will extent practicable, identifies the steps
Interior. be available for public inspection, by the applicant will take to minimize and
appointment, during normal business mitigate the impact of such taking;
ACTION: Notice of availability; request
hours at the Oregon Fish and Wildlife (3) The applicant will ensure that
for comment.
Office, U.S. Fish and Wildlife Service, adequate funding for the plan will be
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY: We, the U.S. Fish and 2600 SE 98th Avenue, Suite 100, provided;
Wildlife Service (Service), have received Portland, OR 97266. (4) The taking will not appreciably
an application from the Oregon FOR FURTHER INFORMATION CONTACT: reduce the likelihood of the survival
Department of Transportation (ODOT) Richard Szlemp, U.S. Fish and Wildlife and recovery of the species in the wild;
for an incidental take permit (permit) Service (see ADDRESSES), telephone: and
under the Endangered Species Act 503–231–6179, facsimile: 503–231– (5) The applicant will carry out any
(ESA) of 1973, as amended. The ODOT’s 6195. If you use a telecommunications other measures that the Service may
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![Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices 60171
Next Steps include any amendment to the terms of BIA are eligible to be planned,
We will evaluate the HCP, as well as the compact. The Rosebud Sioux Tribe conducted, consolidated, and
any comments we receive, to determine of the Rosebud Indian Reservation and administered by a self-governance tribe.
whether implementation of the HCP the State of South Dakota have reached Under section 405(c) of the Tribal
would meet the criteria for issuance of an agreement to extend the expiration of Self-Governance Act, the Secretary of
a permit under section 10(a)(1)(B) of the their existing Tribal-State Class III the Interior is required to publish
gaming compact to February 5, 2016. annually: (1) A list of non-BIA
ESA. We will also evaluate whether the
This publishes notice of the new programs, services, functions, and
proposed permit action would comply
expiration date of the compact. activities, or portions thereof, that are
with section 7 of the ESA by conducting
eligible for inclusion in agreements
an intra-Service section 7 consultation. Dated: September 29, 2015.
negotiated under the self-governance
We will consider the results of this Kevin K. Washburn,
program; and (2) programmatic targets
consultation, in combination with the Assistant Secretary—Indian Affairs. for these bureaus.
above findings, in our final analysis to [FR Doc. 2015–25307 Filed 10–2–15; 8:45 am] Under the Tribal Self-Governance Act,
determine whether or not to issue a BILLING CODE 4337–15–P two categories of non-BIA programs are
permit to the ODOT. We will not make eligible for self-governance funding
the final NEPA and permit decisions agreements:
until after the end of the 30-day public DEPARTMENT OF THE INTERIOR (1) Under section 403(b)(2) of the Act,
comment period on this notice, and we any non-BIA program, service, function,
will fully consider all comments we Office of the Secretary or activity that is administered by
receive during the public comment [167A2100DD/AAKC001030/ Interior that is ‘‘otherwise available to
period. If we determine that the permit A0A501010.999900] Indian tribes or Indians,’’ can be
issuance requirements are met, the administered by a tribe through a self-
Service will issue a permit to the ODOT. List of Programs Eligible for Inclusion governance funding agreement. The
Authority in Funding Agreements Negotiated Department interprets this provision to
With Self-Governance Tribes by authorize the inclusion of programs
We provide this notice in accordance Interior Bureaus Other Than the eligible for self-determination contracts
with the requirements of section 10 of Bureau of Indian Affairs and Fiscal under Title I of the Indian Self-
the ESA (16 U.S.C. 1531 et seq.), and Year 2015 Programmatic Targets Determination and Education
NEPA (42 U.S.C. 4321 et seq.) and their Assistance Act (Pub. L. 93–638, as
implementing regulations (50 CFR 17.22 AGENCY: Office of the Secretary, Interior.
amended). Section 403(b)(2) also
and 40 CFR 1506.6, respectively). ACTION: Notice. specifies, ‘‘nothing in this subsection
Paul Henson, SUMMARY: This notice lists programs or may be construed to provide any tribe
Oregon State Supervisor, U.S. Fish and portions of programs that are eligible for with a preference with respect to the
Wildlife Service, Portland, Oregon. inclusion in funding agreements with opportunity of the tribe to administer
[FR Doc. 2015–25216 Filed 10–2–15; 8:45 am] self-governance Indian tribes and lists programs, services, functions, and
BILLING CODE 4333–15–P Fiscal Year 2015 programmatic targets activities, or portions thereof, unless
for each of the non-Bureau of Indian such preference is otherwise provided
Affairs (BIA) bureaus in the Department for by law.’’
DEPARTMENT OF THE INTERIOR of the Interior, pursuant to the Tribal (2) Under section 403(c) of the Act,
Self-Governance Act. the Secretary may include other
Bureau of Indian Affairs programs, services, functions, and
DATES: Submit written comments on
activities or portions thereof that are of
[156A2100DD/AAKC001030/ this notice on or before November 4,
‘‘special geographic, historical, or
A0A501010.999900 253G] 2015.
cultural significance’’ to a self-
ADDRESSES: Send written comments to governance tribe.
Indian Gaming
Ms. Sharee M. Freeman, Director, Office Under section 403(k) of the Tribal
AGENCY: Bureau of Indian Affairs, of Self-Governance (MS 355H–SIB), Self-Governance Act, funding
Interior. 1849 C Street NW., Washington, DC agreements cannot include programs,
ACTION: Notice of extension of Tribal— 20240–0001, telephone: (202) 219–0240, services, functions, or activities that are
State Class III Gaming Compact. fax: (202) 219–1404, or to the bureau- inherently Federal or where the statute
specific points of contact listed below. establishing the existing program does
SUMMARY: This publishes notice of the FOR FURTHER INFORMATION CONTACT: not authorize the type of participation
Extension of the Class III gaming Inquiries regarding this notice may be sought by the tribe. However, a tribe (or
compact between the Rosebud Sioux directed to Ms. Sharee M. Freeman at tribes) need not be identified in the
Tribe of the Rosebud Indian Reservation (202) 219–0240. authorizing statutes in order for a
and the State of South Dakota. program or element to be included in a
SUPPLEMENTARY INFORMATION:
DATES: Effective October 5, 2015. self-governance funding agreement.
FOR FURTHER INFORMATION CONTACT: Ms. I. Background While general legal and policy guidance
Paula L. Hart, Director, Office of Indian Title II of the Indian Self- regarding what constitutes an inherently
Gaming, Office of the Deputy Assistant Determination Act Amendments of 1994 Federal function exists, the non-BIA
Secretary—Policy and Economic
mstockstill on DSK4VPTVN1PROD with NOTICES
(Pub. L. 103–413, the ‘‘Tribal Self- Bureaus will determine whether a
Development, Washington, DC 20240, Governance Act’’ or the ‘‘Act’’) specific function is inherently Federal
(202) 219–4066. instituted a permanent self-governance on a case-by-case basis considering the
SUPPLEMENTARY INFORMATION: Pursuant program at the Department of the totality of circumstances. In those
to 25 CFR 293.5, an extension to an Interior. Under the self-governance instances where the tribe disagrees with
existing tribal-state Class III gaming program, certain programs, services, the Bureau’s determination, the tribe
compact does not require approval by functions, and activities, or portions may request reconsideration from the
the Secretary if the extension does not thereof, in Interior bureaus other than Secretary.
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Document Created: 2015-12-15 08:53:00
Document Modified: 2015-12-15 08:53:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comment. | |
| Dates | Written comments on the draft HCP and the NEPA categorical exclusion determination must be received from interested parties no later than November 4, 2015. | |
| Contact | Richard Szlemp, U.S. Fish and Wildlife | |
| FR Citation | 80 FR 60169 |
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