81_FR_84089 81 FR 83864 - Proposed Habitat Conservation Plan and Draft Environmental Assessment for Streaked Horned Lark; Port of Portland Properties, Portland, Oregon

81 FR 83864 - Proposed Habitat Conservation Plan and Draft Environmental Assessment for Streaked Horned Lark; Port of Portland Properties, Portland, Oregon

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 225 (November 22, 2016)

Page Range83864-83867
FR Document2016-28064

We, the U.S. Fish and Wildlife Service, have received an incidental take permit application from the Port of Portland pursuant to the Endangered Species Act of 1973, as amended (ESA). The requested permit would authorize the take of the streaked horned lark. The permit application includes a proposed habitat conservation plan (HCP) that describes the activities that would result in the incidental taking, and the measures the applicant will take to minimize and mitigate for the potential adverse impacts to streaked horned larks. We also announce the availability of a draft environmental assessment (EA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA). We are making the permit application package, including the HCP, and draft EA available for public review and comment.

Federal Register, Volume 81 Issue 225 (Tuesday, November 22, 2016)
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Pages 83864-83867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28064]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N171]; [FXES11120100000-167-FF01E00000]


Proposed Habitat Conservation Plan and Draft Environmental 
Assessment for Streaked Horned Lark; Port of Portland Properties, 
Portland, Oregon

AGENCY: Fish and Wildlife Service, Interior

ACTION: Notice of availability; notice of permit application; request 
for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
incidental take permit application from the Port of Portland pursuant 
to the Endangered Species Act of 1973, as amended (ESA). The requested 
permit would authorize the take of the streaked horned lark. The permit 
application includes a proposed habitat conservation plan (HCP) that 
describes the activities that would result in the incidental taking, 
and the measures the applicant will take to minimize and mitigate for 
the potential adverse impacts to streaked horned larks. We also 
announce the availability of a draft environmental assessment (EA) that 
has been prepared to evaluate the permit application in accordance with 
the requirements of the National Environmental Policy Act of 1969 
(NEPA). We are making the permit application package, including the 
HCP, and draft EA available for public review and comment.

DATES: To ensure consideration, written comments must be received from 
interested parties no later than January 6, 2017.

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 ``Port of Portland HCP.''
     Internet: Documents may be viewed on the Internet at 
http://www.fws.gov/oregonfwo/.
     Email: [email protected]. Include ``Port of Portland 
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: Port of Portland HCP.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment (necessary for viewing or picking up documents only), 
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; telephone 503-231-6179. Written comments can be 
dropped off during regular business hours at the above address on or 
before the closing date of the public comment period (see DATES).

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: We have received an incidental take permit 
application from the Port of Portland pursuant to the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; ESA). The 
requested permit would authorize the take of the streaked horned lark 
(Eremophila alpestris strigata). The permit application includes a 
proposed habitat conservation plan (HCP) that describes the activities 
that would result in the incidental taking, and the measures the 
applicant will take to minimize and mitigate for the potential adverse 
impacts to streaked horned larks. We also announce the availability of 
a draft environmental assessment (EA) that has been prepared to 
evaluate the permit application in accordance with the requirements of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; 
NEPA). We are making the permit application package,

[[Page 83865]]

including the HCP, and draft EA available for public review and 
comment.

Background

    Section 9 of the ESA 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, we 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 threatened species are at 50 CFR 17.32. Section 
10(a)(1)(B) of the ESA contains provisions for issuing such incidental 
take permits to non-Federal entities for the take of federally listed 
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 we may 
require as being necessary or appropriate for the purposes of the plan
    We listed the streaked horned lark as a threatened species on 
October 3, 2013 (78 FR 61452), with critical habitat, and established a 
special rule under section 4(d) of the ESA to exempt certain airport 
maintenance activities and operations, agricultural activities, and 
noxious weed control activities from the take prohibitions of the ESA. 
Historically, nesting habitat was found on western Oregon prairies, and 
on sandy beaches and spits along the Columbia and Willamette Rivers. 
Today, the streaked horned lark nests in a broad range of habitats, 
including native prairies, coastal dunes, fallow and active 
agricultural fields, wetland mudflats, sparsely vegetated edges of 
grass fields, recently planted Christmas tree farms with extensive bare 
ground, fields denuded by overwintering Canada geese, gravel roads or 
gravel shoulders of lightly traveled roads, airports, and dredge 
deposition sites in the lower Columbia River. Wintering streaked horned 
larks use habitats that are very similar to breeding habitats.

Proposed Action

    We propose to approve the HCP and to issue a permit with a term of 
30 years to the Port of Portland for incidental take of streaked horned 
larks caused by covered activities, if permit issuance criteria are 
met. The Port of Portland owns and manages lands occupied by nesting 
and wintering streaked horned larks, including undeveloped lands within 
the Rivergate Industrial District (Rivergate) and at the Portland 
International Airport (PDX), including the PDX Intermediate Zone and 
Southwest Quadrant (SW Quad), collectively, the project areas. 
Incidental take of up to a total of 46 streaked horned lark nesting 
pairs over a 30-year permit term may occur. Incidental take would be 
associated with future commercial and industrial land development 
within the project areas, as well as aviation wildlife hazard 
management activities within the PDX Intermediate Zone and SW Quad. The 
Port of Portland would create the Sandy Island Conservation Area to 
mitigate for the anticipated take of streaked horned lark.
    The Rivergate Project Area is located within the Rivergate 
Industrial District in Portland, Oregon, on the peninsula in north 
Portland bordered by the Columbia River, the Willamette River, and 
their confluence. The Rivergate Industrial District is Portland's 
largest industrial park, including 2,800 acres of warehousing, 
distribution, manufacturing, and processing facilities. The land itself 
was created or improved for development by the Port with the placement 
of fill material (mostly sandy dredged material) to elevate building 
sites to the surrounding grade and provide a substrate suitable for 
development. The Rivergate Project Area consists of approximately 120.5 
acres across six undeveloped parcels that are scattered among other 
developed parcels within the industrial district, of which 
approximately 40.7 acres is considered suitable habitat for the 
streaked horned lark. The Rivergate parcels are bordered by roads, rail 
lines, parking lots, industrial buildings, and the Columbia Slough.
    The creation of suitable habitat for streaked horned larks at 
Rivergate was an unintended consequence of the development of the 
Rivergate Industrial Park and the Port of Portland's ongoing use and 
maintenance of the site. The Port of Portland's preparation of building 
sites within the Rivergate Industrial Park, including the parcels of 
the Rivergate Project Area, created large open areas with exposed soils 
that have proved to be attractive to the streaked horned lark. These 
conditions have been largely maintained by routine site management, 
such as occasional mowing and discing, to keep parcels ready for 
development and to generally reduce seasonal fire hazards within the 
industrial district. This site is planned to be developed for 
industrial use within one to two years. Most of the Port of Portland's 
aviation wildlife hazard management activities occur within the 4,867-
acre PDX Intermediate Zone comprising:
     The area within the airfield perimeter fence, a 300-foot 
buffer around the perimeter fence, and runway protection zones 
(together, the Primary Zone); and
     Port of Portland owned airport land outside of the Primary 
Zone, much of which is under the approach or transitional surfaces of 
the runways.
    Land management decisions within the Primary Zone are subject to 
the single dedicated land use of operating an airport and the 
associated public aviation safety concerns. The Port of Portland's land 
management objectives for the remainder of the PDX Intermediate Zone 
are similar and land uses in this area are intended to be compatible 
with aviation public safety. Throughout the PDX Intermediate Zone, 
wildlife management is critical to airport safety and the Port of 
Portland designs and implements its Federal Aviation Administration 
approved wildlife hazard management plan with the objective of 
eliminating or reducing to the extent practicable all attractants for 
wildlife species of aviation concern, including streaked horned larks.
    Most of the PDX Intermediate Zone is either developed or paved or 
is regularly mowed or disced to maintain low, sparse herbaceous cover 
or bare ground. This regular maintenance to eliminate or reduce 
aviation wildlife hazards, in accordance with the wildlife hazard 
management plan, promotes conditions consistent with suitable streaked 
horned lark habitat. Most of the undeveloped upland portions of the PDX

[[Page 83866]]

Intermediate Zone have the potential to be used by streaked horned 
larks, although the specific extent of currently suitable streaked 
horned lark habitat within the PDX Intermediate Zone is unknown.
    The SW Quad is an approximately 204.7-acre open field within the 
PDX Intermediate Zone and immediately adjacent to PDX runways and 
taxiways. For this reason, the SW Quad is an optimal location for 
future PDX airport infrastructure. The SW Quad is also bordered by 
paved roads, other PDX commercial buildings, and open space lands 
associated with the Riverside Country Club and the Broadmoor Golf 
Course.
    Historically, the SW Quad contained extensive wetlands. However, 
the Port of Portland filled these wetlands (in accordance with 
applicable regulations) between 1994 and 2005 and installed a 
perforated pipe drainfield to prevent the recurrence of wetland habitat 
attractive to wildlife species of concern to aviation safety. The SW 
Quad is currently an open expanse of mostly barren fill material with 
sparse herbaceous weedy plants. Much of the SW Quad is mowed or disced 
annually to deter and discourage avian species of concern to aviation 
safety from the airfield and surrounding properties and to reduce the 
risk of wildlife/aircraft collisions; however, this management 
inadvertently created and currently maintains suitable streaked horned 
lark habitat. Of the 204.7 acres at the SW Quad, approximately 77 acres 
are considered suitable habitat for the streaked horned lark. This site 
is anticipated to be developed about 20 or more years from now.
    Sandy Island is located in the Columbia River at River Mile 75.8, 
directly across from the public boat ramp at the Port of Kalama in 
unincorporated Columbia County, Oregon. Sandy Island is composed of 
approximately 340 acres. Approximately 312 acres of Sandy Island is 
human-made by historic and current dredged material placement. This 
portion of the island is owned by the Oregon Department of State Lands 
(DSL). The original island landform is approximately 28 acres and is in 
private ownership. Because Sandy Island is within waters of the state, 
DSL regulates the natural resources of the island. Sandy Island is open 
to the public and accessible by boat.
    The proposed Sandy Island Conservation Area consists of piled 
dredged sand with a relatively flat, sparsely vegetated plateau. The 
plateau is perched 40 to 50 feet above the shoreline and includes a 
small grove of approximately 20 black cottonwood (Populus trichocarpa) 
trees and a small depression along the northern portion of the site. 
Vegetation is partly sparse and the land cover is a mosaic of bare 
sand, grasses, forbs, invasive Scot's broom (Cytisus scoparius) shrubs, 
mosses, and lichens, but also transitions abruptly to forested wetlands 
and riparian habitat. The repeated placement of dredged material at the 
proposed Sandy Island Conservation Area, with the most recent 
depositions occurring between 1997 and 2011, created habitat for the 
streaked horned lark that has been occupied by three to five nesting 
pairs in recent years.
    No additional dredged material placement is anticipated, as this 
site is considered to be full. Without recurring site disturbance and/
or vegetation management, natural succession of the vegetation will 
degrade existing streaked horned lark habitat and is expected to cause 
the loss of suitable habitat at this site in the near future. The 32.0 
acres of the proposed Sandy Island Conservation Area is designated 
critical habitat for the streaked horned lark.
    Proposed mitigation measures consist of the Port of Portland 
refraining from conducting vegetation management within Rivergate, the 
SW Quad, and the proposed Sandy Island Conservation Area during the 
streaked horned lark nesting season (April 1 to August 31) to avoid 
directly killing or wounding individuals or causing nest abandonment. 
Interim conservation measures consist of the reinstatement or 
continuation of occasional mowing or discing at Rivergate, and 
continued implementation of similar activities at SW Quad for existing 
streaked horned lark habitat. The Port of Portland will also continue 
to mow roadside perimeters and will maintain Jersey barriers currently 
in place as an interim conservation measure at Rivergate to prevent 
unwarranted site access and to reduce the risk of fire. These 
activities satisfy the Port of Portland's needs to properly maintain 
its properties, but incidentally benefit the streaked horned lark by 
maintaining the characteristics of suitable habitat at Rivergate and 
the SW Quad until development occurs. The conservation benefit of this 
routine site management allows Rivergate and the SW Quad to maintain 
more habitat for use by streaked horned larks over the duration of the 
incidental take permit than would likely be achieved in the absence of 
these activities.
    The Port of Portland will enter into a 30-year term conservation 
easement on the Sandy Island Conservation Area with DSL. Immediately 
following the issuance of the incidental take permit, the Port of 
Portland will provide for the protection, management, and monitoring of 
approximately 32 acres of currently suitable and restorable streaked 
horned lark habitat at the proposed Sandy Island Conservation Area to 
maintain and attract additional nesting streaked horned larks as added 
mitigation for the impacts of the requested incidental taking of 
streaked horned larks.

National Environmental Policy Act Compliance

    The proposed issuance of a section 10(a)(1)(B) permit under the Act 
is a Federal action that triggers the need for compliance with NEPA. We 
have prepared a draft EA to analyze the environmental impacts of two 
alternatives related to the issuance of a permit and implementation of 
the conservation program under the proposed HCP. The two alternatives 
are the No Action alternative and the proposed action (see Proposed 
Action described above). We also considered several other alternatives 
that are briefly described in the draft EA but dismissed them from 
detailed analysis for the reasons described in the draft EA.
    Under the No Action alternative, an incidental take permit would 
not be issued by the Service, and the Port of Portland's proposed HCP 
would not be approved. Any incidental take outside the 4(d) Special 
Rule exemption would not be authorized and the Port of Portland would 
assume all legal risks for unauthorized take without an incidental take 
permit.
    Under the No Action Alternative, the Port of Portland would not use 
the project areas in a way that would result in the incidental taking 
of streaked horned larks outside activities covered under the 4(d) 
Special Rule Exemption. The Port of Portland has unintentionally 
created suitable streaked horned lark habitat within the Project Areas. 
The Port of Portland would cease active site management contributing to 
the creation of suitable streaked horned lark habitat, and allow the 
Project Areas to naturally transition out of suitable habitat as 
vegetation increases in density and height. Once streaked horned larks 
no longer breed on site at Rivergate, and streaked horned larks do not 
occupy the area, the Port of Portland would move forward in developing 
the parcels. The Port of Portland would continue to rely on the 
authority of the 4(d) Special Rule to continue aviation wildlife hazard 
management activities on SW Quad, likely changing the type of 
management strategies to those that do not favor the creation or 
maintenance of streaked

[[Page 83867]]

horned lark habitat. It is expected that streaked horned larks would 
leave the site before development of the SW Quad occurs. The Port of 
Portland would not establish the Sandy Island Conservation Area to 
provide conservation benefits to streaked horned larks. Without active 
site management to maintain and improve suitable streaked horned lark 
habitat at this site, increasing levels of encroaching vegetation would 
naturally transition out of suitable and occupied habitat.

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.

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. 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. 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).

Next Steps

    After considering public comments, we will make a decision 
regarding whether the proposed HCP and draft EA meet the requirements 
of section 10(a)(1)(B) of the ESA and the requirements of NEPA. We will 
not make a final decision on our proposed action until after the end of 
the 45-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 all the requirements are met, we would issue the 
incidental take permit under the authority of section 10(a)(1)(B) of 
the ESA and sign a finding of no significant impact following the 
requirements of NEPA.

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 NEPA (42 U.S.C. 
4321 et seq.) and their implementing regulations (50 CFR 17.32, and 40 
CFR 1506.6, respectively).

Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-28064 Filed 11-21-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                83864                      Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices

                                                species, 50 CFR 17.32 for threatened                    hours at the address listed in the                    interested parties no later than January
                                                wildlife species, 50 CFR 17.62 for                      ADDRESSES   section.                                  6, 2017.
                                                endangered plant species, and 50 CFR                      Before including your address, phone                ADDRESSES: To request further
                                                17.72 for threatened plant species.                     number, email address, or other                       information or submit written
                                                                                                        personal identifying information in your              comments, please use one of the
                                                Applications Available for Review and                   comment, you should be aware that
                                                Comment                                                                                                       following methods, and note that your
                                                                                                        your entire comment—including your                    information request or comments are in
                                                  We invite local, State, and Federal                   personal identifying information—may                  reference to the ‘‘Port of Portland HCP.’’
                                                agencies and the public to comment on                   be made publicly available at any time.                  • Internet: Documents may be viewed
                                                the following applications. Please refer                While you can ask us in your comment                  on the Internet at http://www.fws.gov/
                                                to the permit number for the application                to withhold your personal identifying                 oregonfwo/.
                                                when submitting comments.                               information from public review, we                       • Email: PDXHCPcomments@fws.gov.
                                                  Documents and other information                       cannot guarantee that we will be able to              Include ‘‘Port of Portland HCP’’ in the
                                                submitted with these applications are                   do so.                                                subject line of the message or
                                                available for review by request from the                                                                      comments.
                                                Program Manager for Restoration and                     Authority
                                                                                                                                                                 • U.S. Mail: State Supervisor, Oregon
                                                Endangered Species Classification at the                  We provide this notice under section                Fish and Wildlife Office, U.S. Fish and
                                                address listed in the ADDRESSES section                 10 of the Act (16 U.S.C. 1531 et seq.).               Wildlife Service; 2600 SE 98th Avenue,
                                                of this notice, subject to the                                                                                Suite 100; Portland, OR 97266.
                                                                                                        Theresa E Rabot,
                                                requirements of the Privacy Act (5                                                                               • Fax: 503–231–6195, Attn: Port of
                                                                                                        Acting Regional Director, Pacific Region, U.S.
                                                U.S.C. 552a) and the Freedom of                                                                               Portland HCP.
                                                                                                        Fish and Wildlife Service.
                                                Information Act (5 U.S.C. 552).                                                                                  • In-Person Drop-off, Viewing, or
                                                                                                        [FR Doc. 2016–28055 Filed 11–21–16; 8:45 am]
                                                Permit Number: TE–08598C                                BILLING CODE 4333–15–P
                                                                                                                                                              Pickup: Comments and materials
                                                                                                                                                              received will be available for public
                                                Applicant: The Institute for Bird                                                                             inspection, by appointment (necessary
                                                Populations, Point Reyes Station,                                                                             for viewing or picking up documents
                                                                                                        DEPARTMENT OF THE INTERIOR
                                                California                                                                                                    only), during normal business hours at
                                                   The applicant requests a new permit                  Fish and Wildlife Service                             the Oregon Fish and Wildlife Office,
                                                to take (survey, monitor, capture,                      [FWS–R1–ES–2016–N171];                                U.S. Fish and Wildlife Service; 2600 SE
                                                handle, band, collect bio-samples,                      [FXES11120100000–167–FF01E00000]                      98th Avenue, Suite 100; Portland, OR
                                                attach transmitters, and release)                                                                             97266; telephone 503–231–6179.
                                                Friendly ground-dove (Gallicolumba                      Proposed Habitat Conservation Plan                    Written comments can be dropped off
                                                stairi) in conjunction with research,                   and Draft Environmental Assessment                    during regular business hours at the
                                                survey, and population monitoring                       for Streaked Horned Lark; Port of                     above address on or before the closing
                                                activities in American Samoa, for the                   Portland Properties, Portland, Oregon                 date of the public comment period (see
                                                purpose of enhancing the species’                                                                             DATES).
                                                survival.                                               AGENCY:  Fish and Wildlife Service,
                                                                                                        Interior                                              FOR FURTHER INFORMATION CONTACT:
                                                Permit Number: TE–04236C                                                                                      Richard Szlemp, U.S. Fish and Wildlife
                                                                                                        ACTION: Notice of availability; notice of
                                                                                                                                                              Service (see ADDRESSES); telephone:
                                                Applicant: James W. Gore, Paragould,                    permit application; request for
                                                                                                        comments.                                             503–231–6179; facsimile: 503–231–
                                                Arizona                                                                                                       6195. If you use a telecommunications
                                                   The applicant requests a new permit                  SUMMARY:   We, the U.S. Fish and                      device for the deaf, please call the
                                                to take (survey, monitor, identify roosts,              Wildlife Service, have received an                    Federal Information Relay Service at
                                                capture, handle, measure, band, attach                  incidental take permit application from               800–877–8339.
                                                transmitters, and release) Hawaiian                     the Port of Portland pursuant to the                  SUPPLEMENTARY INFORMATION: We have
                                                hoary bat (Lasiurus cinereus semotus) in                Endangered Species Act of 1973, as                    received an incidental take permit
                                                conjunction with research, survey, and                  amended (ESA). The requested permit                   application from the Port of Portland
                                                population monitoring activities in                     would authorize the take of the streaked              pursuant to the Endangered Species Act
                                                Hawai‘I, for the purpose of enhancing                   horned lark. The permit application                   of 1973, as amended (16 U.S.C. 1531 et
                                                the species’ survival.                                  includes a proposed habitat                           seq.; ESA). The requested permit would
                                                                                                        conservation plan (HCP) that describes                authorize the take of the streaked
                                                Permit Number: TE–146777
                                                                                                        the activities that would result in the               horned lark (Eremophila alpestris
                                                Applicant: Arleone Dibben-Young,                        incidental taking, and the measures the               strigata). The permit application
                                                Kaunakakai, Hawaii                                      applicant will take to minimize and                   includes a proposed habitat
                                                  The applicant requests a permit                       mitigate for the potential adverse                    conservation plan (HCP) that describes
                                                amendment to take (mark with leg flags,                 impacts to streaked horned larks. We                  the activities that would result in the
                                                collect blood and feather samples) the                  also announce the availability of a draft             incidental taking, and the measures the
                                                ae‘o or Hawaiian stilt (Himantopus                      environmental assessment (EA) that has                applicant will take to minimize and
                                                mexicanus knudseni) on the island of                    been prepared to evaluate the permit                  mitigate for the potential adverse
                                                Molokai, Hawai‘i, for the purposes of                   application in accordance with the                    impacts to streaked horned larks. We
                                                                                                        requirements of the National                          also announce the availability of a draft
sradovich on DSK3GMQ082PROD with NOTICES




                                                scientific research and enhancing the
                                                species’ survival.                                      Environmental Policy Act of 1969                      environmental assessment (EA) that has
                                                                                                        (NEPA). We are making the permit                      been prepared to evaluate the permit
                                                Public Availability of Comments                         application package, including the HCP,               application in accordance with the
                                                  All comments and materials we                         and draft EA available for public review              requirements of the National
                                                receive in response to this request will                and comment.                                          Environmental Policy Act of 1969 (42
                                                be available for public inspection, by                  DATES: To ensure consideration, written               U.S.C. 4321 et seq.; NEPA). We are
                                                appointment, during normal business                     comments must be received from                        making the permit application package,


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                                                                           Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices                                           83865

                                                including the HCP, and draft EA                         and spits along the Columbia and                      the streaked horned lark. The Rivergate
                                                available for public review and                         Willamette Rivers. Today, the streaked                parcels are bordered by roads, rail lines,
                                                comment.                                                horned lark nests in a broad range of                 parking lots, industrial buildings, and
                                                                                                        habitats, including native prairies,                  the Columbia Slough.
                                                Background                                                                                                       The creation of suitable habitat for
                                                                                                        coastal dunes, fallow and active
                                                   Section 9 of the ESA prohibits the                   agricultural fields, wetland mudflats,                streaked horned larks at Rivergate was
                                                take of fish and wildlife species listed                sparsely vegetated edges of grass fields,             an unintended consequence of the
                                                as endangered or threatened under                       recently planted Christmas tree farms                 development of the Rivergate Industrial
                                                section 4 of the ESA. Under the ESA,                    with extensive bare ground, fields                    Park and the Port of Portland’s ongoing
                                                the term ‘‘take’’ means to harass, harm,                denuded by overwintering Canada                       use and maintenance of the site. The
                                                pursue, hunt, shoot, wound, kill, trap,                 geese, gravel roads or gravel shoulders               Port of Portland’s preparation of
                                                capture, or collect, or to attempt to                   of lightly traveled roads, airports, and              building sites within the Rivergate
                                                engage in any such conduct (16 U.S.C.                   dredge deposition sites in the lower                  Industrial Park, including the parcels of
                                                1532(19)). The term ‘‘harm,’’ as defined                Columbia River. Wintering streaked                    the Rivergate Project Area, created large
                                                in our regulations, includes significant                horned larks use habitats that are very               open areas with exposed soils that have
                                                habitat modification or degradation that                similar to breeding habitats.                         proved to be attractive to the streaked
                                                results in death or injury to listed                                                                          horned lark. These conditions have been
                                                species by significantly impairing                      Proposed Action                                       largely maintained by routine site
                                                essential behavioral patterns, including                   We propose to approve the HCP and                  management, such as occasional
                                                breeding, feeding, or sheltering (50 CFR                to issue a permit with a term of 30 years             mowing and discing, to keep parcels
                                                17.3). The term ‘‘harass’’ is defined in                to the Port of Portland for incidental                ready for development and to generally
                                                our regulations as an intentional or                    take of streaked horned larks caused by               reduce seasonal fire hazards within the
                                                negligent act or omission which creates                 covered activities, if permit issuance                industrial district. This site is planned
                                                the likelihood of injury to wildlife by                 criteria are met. The Port of Portland                to be developed for industrial use
                                                annoying it to such an extent as to                     owns and manages lands occupied by                    within one to two years. Most of the
                                                significantly disrupt normal behavioral                 nesting and wintering streaked horned                 Port of Portland’s aviation wildlife
                                                patterns, which include, but are not                    larks, including undeveloped lands                    hazard management activities occur
                                                limited to, breeding, feeding, or                       within the Rivergate Industrial District              within the 4,867-acre PDX Intermediate
                                                sheltering (50 CFR 17.3).                               (Rivergate) and at the Portland                       Zone comprising:
                                                   Under specified circumstances, we                    International Airport (PDX), including                   • The area within the airfield
                                                may issue permits that authorize take of                the PDX Intermediate Zone and                         perimeter fence, a 300-foot buffer
                                                federally listed species, provided the                  Southwest Quadrant (SW Quad),                         around the perimeter fence, and runway
                                                take is incidental to, but not the purpose              collectively, the project areas. Incidental           protection zones (together, the Primary
                                                of, an otherwise lawful activity.                       take of up to a total of 46 streaked                  Zone); and
                                                Regulations governing permits for                       horned lark nesting pairs over a 30-year                 • Port of Portland owned airport land
                                                threatened species are at 50 CFR 17.32.                 permit term may occur. Incidental take                outside of the Primary Zone, much of
                                                Section 10(a)(1)(B) of the ESA contains                 would be associated with future                       which is under the approach or
                                                provisions for issuing such incidental                  commercial and industrial land                        transitional surfaces of the runways.
                                                take permits to non-Federal entities for                development within the project areas, as                 Land management decisions within
                                                the take of federally listed species,                   well as aviation wildlife hazard                      the Primary Zone are subject to the
                                                provided the following criteria are met:                management activities within the PDX                  single dedicated land use of operating
                                                   (1) The taking will be incidental;                   Intermediate Zone and SW Quad. The                    an airport and the associated public
                                                   (2) The applicant will prepare a                     Port of Portland would create the Sandy               aviation safety concerns. The Port of
                                                conservation plan that, to the maximum                  Island Conservation Area to mitigate for              Portland’s land management objectives
                                                extent practicable, identifies the steps                the anticipated take of streaked horned               for the remainder of the PDX
                                                the applicant will take to minimize and                 lark.                                                 Intermediate Zone are similar and land
                                                mitigate the impact of such taking;                        The Rivergate Project Area is located              uses in this area are intended to be
                                                   (3) The applicant will ensure that                   within the Rivergate Industrial District              compatible with aviation public safety.
                                                adequate funding for the plan will be                   in Portland, Oregon, on the peninsula in              Throughout the PDX Intermediate Zone,
                                                provided;                                               north Portland bordered by the                        wildlife management is critical to
                                                   (4) The taking will not appreciably                  Columbia River, the Willamette River,                 airport safety and the Port of Portland
                                                reduce the likelihood of the survival                   and their confluence. The Rivergate                   designs and implements its Federal
                                                and recovery of the species in the wild;                Industrial District is Portland’s largest             Aviation Administration approved
                                                and                                                     industrial park, including 2,800 acres of             wildlife hazard management plan with
                                                   (5) The applicant will carry out any                 warehousing, distribution,                            the objective of eliminating or reducing
                                                other measures that we may require as                   manufacturing, and processing facilities.             to the extent practicable all attractants
                                                being necessary or appropriate for the                  The land itself was created or improved               for wildlife species of aviation concern,
                                                purposes of the plan                                    for development by the Port with the                  including streaked horned larks.
                                                   We listed the streaked horned lark as                placement of fill material (mostly sandy                 Most of the PDX Intermediate Zone is
                                                a threatened species on October 3, 2013                 dredged material) to elevate building                 either developed or paved or is regularly
                                                (78 FR 61452), with critical habitat, and               sites to the surrounding grade and                    mowed or disced to maintain low,
                                                established a special rule under section                provide a substrate suitable for                      sparse herbaceous cover or bare ground.
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                                                4(d) of the ESA to exempt certain airport               development. The Rivergate Project                    This regular maintenance to eliminate
                                                maintenance activities and operations,                  Area consists of approximately 120.5                  or reduce aviation wildlife hazards, in
                                                agricultural activities, and noxious                    acres across six undeveloped parcels                  accordance with the wildlife hazard
                                                weed control activities from the take                   that are scattered among other                        management plan, promotes conditions
                                                prohibitions of the ESA. Historically,                  developed parcels within the industrial               consistent with suitable streaked horned
                                                nesting habitat was found on western                    district, of which approximately 40.7                 lark habitat. Most of the undeveloped
                                                Oregon prairies, and on sandy beaches                   acres is considered suitable habitat for              upland portions of the PDX


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                                                83866                      Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices

                                                Intermediate Zone have the potential to                 approximately 20 black cottonwood                     issuance of the incidental take permit,
                                                be used by streaked horned larks,                       (Populus trichocarpa) trees and a small               the Port of Portland will provide for the
                                                although the specific extent of currently               depression along the northern portion of              protection, management, and
                                                suitable streaked horned lark habitat                   the site. Vegetation is partly sparse and             monitoring of approximately 32 acres of
                                                within the PDX Intermediate Zone is                     the land cover is a mosaic of bare sand,              currently suitable and restorable
                                                unknown.                                                grasses, forbs, invasive Scot’s broom                 streaked horned lark habitat at the
                                                   The SW Quad is an approximately                      (Cytisus scoparius) shrubs, mosses, and               proposed Sandy Island Conservation
                                                204.7-acre open field within the PDX                    lichens, but also transitions abruptly to             Area to maintain and attract additional
                                                Intermediate Zone and immediately                       forested wetlands and riparian habitat.               nesting streaked horned larks as added
                                                adjacent to PDX runways and taxiways.                   The repeated placement of dredged                     mitigation for the impacts of the
                                                For this reason, the SW Quad is an                      material at the proposed Sandy Island                 requested incidental taking of streaked
                                                optimal location for future PDX airport                 Conservation Area, with the most recent               horned larks.
                                                infrastructure. The SW Quad is also                     depositions occurring between 1997 and
                                                bordered by paved roads, other PDX                                                                            National Environmental Policy Act
                                                                                                        2011, created habitat for the streaked
                                                commercial buildings, and open space                                                                          Compliance
                                                                                                        horned lark that has been occupied by
                                                lands associated with the Riverside                     three to five nesting pairs in recent                    The proposed issuance of a section
                                                Country Club and the Broadmoor Golf                     years.                                                10(a)(1)(B) permit under the Act is a
                                                Course.                                                    No additional dredged material                     Federal action that triggers the need for
                                                   Historically, the SW Quad contained                  placement is anticipated, as this site is             compliance with NEPA. We have
                                                extensive wetlands. However, the Port                   considered to be full. Without recurring              prepared a draft EA to analyze the
                                                of Portland filled these wetlands (in                   site disturbance and/or vegetation                    environmental impacts of two
                                                accordance with applicable regulations)                 management, natural succession of the                 alternatives related to the issuance of a
                                                between 1994 and 2005 and installed a                   vegetation will degrade existing                      permit and implementation of the
                                                perforated pipe drainfield to prevent the               streaked horned lark habitat and is                   conservation program under the
                                                recurrence of wetland habitat attractive                expected to cause the loss of suitable                proposed HCP. The two alternatives are
                                                to wildlife species of concern to aviation              habitat at this site in the near future.              the No Action alternative and the
                                                safety. The SW Quad is currently an                     The 32.0 acres of the proposed Sandy                  proposed action (see Proposed Action
                                                open expanse of mostly barren fill                      Island Conservation Area is designated                described above). We also considered
                                                material with sparse herbaceous weedy                   critical habitat for the streaked horned              several other alternatives that are briefly
                                                plants. Much of the SW Quad is mowed                    lark.                                                 described in the draft EA but dismissed
                                                or disced annually to deter and                            Proposed mitigation measures consist               them from detailed analysis for the
                                                discourage avian species of concern to                  of the Port of Portland refraining from               reasons described in the draft EA.
                                                aviation safety from the airfield and                   conducting vegetation management                         Under the No Action alternative, an
                                                surrounding properties and to reduce                    within Rivergate, the SW Quad, and the                incidental take permit would not be
                                                the risk of wildlife/aircraft collisions;               proposed Sandy Island Conservation                    issued by the Service, and the Port of
                                                however, this management                                Area during the streaked horned lark                  Portland’s proposed HCP would not be
                                                inadvertently created and currently                     nesting season (April 1 to August 31) to              approved. Any incidental take outside
                                                maintains suitable streaked horned lark                 avoid directly killing or wounding                    the 4(d) Special Rule exemption would
                                                habitat. Of the 204.7 acres at the SW                   individuals or causing nest                           not be authorized and the Port of
                                                Quad, approximately 77 acres are                        abandonment. Interim conservation                     Portland would assume all legal risks
                                                considered suitable habitat for the                     measures consist of the reinstatement or              for unauthorized take without an
                                                streaked horned lark. This site is                      continuation of occasional mowing or                  incidental take permit.
                                                anticipated to be developed about 20 or                 discing at Rivergate, and continued                      Under the No Action Alternative, the
                                                more years from now.                                    implementation of similar activities at               Port of Portland would not use the
                                                   Sandy Island is located in the                       SW Quad for existing streaked horned                  project areas in a way that would result
                                                Columbia River at River Mile 75.8,                      lark habitat. The Port of Portland will               in the incidental taking of streaked
                                                directly across from the public boat                    also continue to mow roadside                         horned larks outside activities covered
                                                ramp at the Port of Kalama in                           perimeters and will maintain Jersey                   under the 4(d) Special Rule Exemption.
                                                unincorporated Columbia County,                         barriers currently in place as an interim             The Port of Portland has unintentionally
                                                Oregon. Sandy Island is composed of                     conservation measure at Rivergate to                  created suitable streaked horned lark
                                                approximately 340 acres.                                prevent unwarranted site access and to                habitat within the Project Areas. The
                                                Approximately 312 acres of Sandy                        reduce the risk of fire. These activities             Port of Portland would cease active site
                                                Island is human-made by historic and                    satisfy the Port of Portland’s needs to               management contributing to the creation
                                                current dredged material placement.                     properly maintain its properties, but                 of suitable streaked horned lark habitat,
                                                This portion of the island is owned by                  incidentally benefit the streaked horned              and allow the Project Areas to naturally
                                                the Oregon Department of State Lands                    lark by maintaining the characteristics               transition out of suitable habitat as
                                                (DSL). The original island landform is                  of suitable habitat at Rivergate and the              vegetation increases in density and
                                                approximately 28 acres and is in private                SW Quad until development occurs.                     height. Once streaked horned larks no
                                                ownership. Because Sandy Island is                      The conservation benefit of this routine              longer breed on site at Rivergate, and
                                                within waters of the state, DSL regulates               site management allows Rivergate and                  streaked horned larks do not occupy the
                                                the natural resources of the island.                    the SW Quad to maintain more habitat                  area, the Port of Portland would move
                                                                                                                                                              forward in developing the parcels. The
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                                                Sandy Island is open to the public and                  for use by streaked horned larks over the
                                                accessible by boat.                                     duration of the incidental take permit                Port of Portland would continue to rely
                                                   The proposed Sandy Island                            than would likely be achieved in the                  on the authority of the 4(d) Special Rule
                                                Conservation Area consists of piled                     absence of these activities.                          to continue aviation wildlife hazard
                                                dredged sand with a relatively flat,                       The Port of Portland will enter into a             management activities on SW Quad,
                                                sparsely vegetated plateau. The plateau                 30-year term conservation easement on                 likely changing the type of management
                                                is perched 40 to 50 feet above the                      the Sandy Island Conservation Area                    strategies to those that do not favor the
                                                shoreline and includes a small grove of                 with DSL. Immediately following the                   creation or maintenance of streaked


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                                                                           Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices                                                83867

                                                horned lark habitat. It is expected that                authority of section 10(a)(1)(B) of the               ADDRESSES:  Comments should be sent to
                                                streaked horned larks would leave the                   ESA and sign a finding of no significant              the Forest Supervisor, Custer Gallatin
                                                site before development of the SW Quad                  impact following the requirements of                  National Forest, P.O. Box 130, 10 East
                                                occurs. The Port of Portland would not                  NEPA.                                                 Babcock Avenue, Bozeman, Montana
                                                establish the Sandy Island Conservation                                                                       59771; or the Bureau of Land
                                                                                                        Authority
                                                Area to provide conservation benefits to                                                                      Management, Montana State Office
                                                streaked horned larks. Without active                     We provide this notice in accordance                (MT924), 5001 Southgate Drive,
                                                site management to maintain and                         with the requirements of section 10(c) of             Billings, Montana 59101.
                                                improve suitable streaked horned lark                   the ESA (16 U.S.C. 1531 et seq.), and
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                habitat at this site, increasing levels of              NEPA (42 U.S.C. 4321 et seq.) and their
                                                encroaching vegetation would naturally                  implementing regulations (50 CFR                      Mary Erickson, Forest Supervisor,
                                                transition out of suitable and occupied                 17.32, and 40 CFR 1506.6, respectively).              Custer Gallatin National Forest, 406–
                                                habitat.                                                                                                      587–6949 or Deborah Sorg, BLM
                                                                                                        Theresa Rabot,                                        Montana/Dakotas State Office, 406–896–
                                                Public Comments                                         Deputy Regional Director, Pacific Region, U.S.        5045 during regular business hours, 8:00
                                                  You may submit your comments and                      Fish and Wildlife Service, Portland, Oregon.          a.m. to 4:30 p.m. Monday through
                                                materials by one of the methods listed                  [FR Doc. 2016–28064 Filed 11–21–16; 8:45 am]          Friday, except holidays. Persons who
                                                in the ADDRESSES section. We request                    BILLING CODE 4333–15–P                                use a telecommunications device for the
                                                data, comments, new information, or                                                                           deaf (TDD) may call the Federal Relay
                                                suggestions from the public, other                                                                            Service at 1–800–877–8339 to contact
                                                concerned governmental agencies, the                    DEPARTMENT OF THE INTERIOR                            either of the above individuals. The
                                                scientific community, Tribes, industry,                                                                       Service is available 24 hours a day, 7
                                                or any other interested party on our                    Bureau of Land Management                             days a week, to leave a message or
                                                proposed Federal action.                                [MTM 109072]                                          question. You will receive a reply
                                                                                                                                                              during normal business hours.
                                                Public Availability of Comments                         Notice of Application for Withdrawal
                                                  All comments and materials we                         and Notification of Public Meeting;                   SUPPLEMENTARY INFORMATION:       The
                                                receive become part of the public record                Montana                                               applicant is the USFS. The application
                                                associated with this action. Before                                                                           requests the Secretary of the Interior to
                                                including your address, phone number,                   AGENCY:   Bureau of Land Management,                  withdraw, subject to valid existing
                                                email address, or other personal                        Interior.                                             rights, the following described lands
                                                identifying information in your                         ACTION: Notice.                                       from location and entry under the
                                                comments, you should be aware that                                                                            United States mining laws, but not from
                                                your entire comment—including your                      SUMMARY:   The United States Forest                   leasing under the mineral and
                                                personal identifying information—may                    Service (USFS) has filed an application               geothermal leasing laws, for a period of
                                                be made publicly available at any time.                 with the Bureau of Land Management                    20 years, to protect and preserve the
                                                While you can ask us in your comment                    (BLM) requesting that the Secretary of                area for its scenic integrity, important
                                                to withhold your personal identifying                   the Interior withdraw, for a 20-year                  wildlife corridors, and high quality
                                                information from public review, we                      term, approximately 30,370 acres of                   recreation values. Portions of these
                                                cannot guarantee that we will be able to                National Forest System lands from                     lands are unsurveyed and the acres were
                                                do so. All submissions from                             location and entry under the United                   obtained from protraction diagrams or
                                                organizations or businesses, and from                   States mining laws, but not from leasing              calculated using the Geographic
                                                individuals identifying themselves as                   under mineral and geothermal laws. The                Information System.
                                                representatives or officials of                         purpose of the withdrawal is to protect
                                                                                                                                                              Custer Gallatin National Forest
                                                organizations or businesses, will be                    and preserve the scenic integrity,
                                                                                                        important wildlife corridors, and high                Principal Meridian, Montana
                                                made available for public disclosure in
                                                their entirety. Comments and materials                  quality recreation values of the Emigrant             T. 6 S., R. 8 E.,
                                                we receive, as well as supporting                       Crevice area located in the Custer                      Secs. 34 and 35;
                                                documentation, will be available for                    Gallatin National Forest, Park County,                  Sec. 36, lots 1 thru 8, W1⁄2NE1⁄4, W1⁄2, and
                                                                                                        Montana. Publication of this notice                        SE1⁄4SE1⁄4.
                                                public inspection by appointment,                                                                             T. 7 S., R. 8 E.,
                                                during normal business hours, at our                    temporarily segregates the lands for up
                                                                                                        to 2 years from location and entry under                Sec. 10, lot 1, N1⁄2, N1⁄2SW1⁄4, SE1⁄4SW1⁄4,
                                                Oregon Fish and Wildlife Office (see                                                                               and SE1⁄4;
                                                ADDRESSES).
                                                                                                        the United States mining laws while the
                                                                                                                                                                Sec. 11, S1⁄2;
                                                                                                        withdrawal application is being
                                                Next Steps                                                                                                      Sec. 12, S1⁄2;
                                                                                                        processed. The lands have been and will                 Secs. 13, 14, and 15;
                                                  After considering public comments,                    remain open to such forms of                            Protracted blocks 37 thru 41.
                                                we will make a decision regarding                       disposition as may be allowed by law on               T. 6 S., R. 9 E.,
                                                whether the proposed HCP and draft EA                   National Forest System lands, and to                    Sec. 31, lots 1 thru 6, NE1⁄4, E1⁄2NW1⁄4,
                                                meet the requirements of section                        leasing under the mineral and                              NE1⁄4SE1⁄4, and W1⁄2SE1⁄4;
                                                10(a)(1)(B) of the ESA and the                          geothermal leasing laws. This notice                    Sec. 32, S1⁄2;
                                                requirements of NEPA. We will not                       also gives the public an opportunity to                 Sec. 33, S1⁄2.
                                                make a final decision on our proposed                   comment on the withdrawal                             T. 7 S., R 9 E.,
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                                                                                                        application, and announces the date,                    Sec. 9, unsurveyed;
                                                action until after the end of the 45-day
                                                                                                        time and location of the public meeting.                Sec. 10, W1⁄2, unsurveyed;
                                                public comment period on this notice,                                                                           Secs. 16 and 17, unsurveyed;
                                                and we will fully consider all comments                 DATES: Comments must be received by                     Protracted blocks 39 thru 45.
                                                we receive during the public comment                    February 21, 2017. The USFS will hold                 T. 8 S., R. 9 E.,
                                                period. If we determine that all the                    a public meeting in connection with the                 Secs. 22 thru 26, unsurveyed, those
                                                requirements are met, we would issue                    proposed withdrawal on January 18,                         portions not within the Absaroka-
                                                the incidental take permit under the                    2017.                                                      Beartooth Wilderness;



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Document Created: 2018-02-14 08:29:11
Document Modified: 2018-02-14 08:29:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; notice of permit application; request for comments.
DatesTo ensure consideration, written comments must be received from interested parties no later than January 6, 2017.
ContactRichard Szlemp, U.S. Fish and Wildlife
FR Citation81 FR 83864 

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