82 FR 37896 - Proposed Low-Effect Habitat Conservation Plan for the Olympia Subspecies of the Mazama Pocket Gopher, Thurston County, Washington
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 155 (August 14, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 155 (August 14, 2017)
| Page Range | 37896-37898 | |
| FR Document | 2017-17082 |
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)] [Notices] [Pages 37896-37898] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17082] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2017-N097; FXES11140100000-178-FF01E00000] Proposed Low-Effect Habitat Conservation Plan for the Olympia Subspecies of the Mazama Pocket Gopher, Thurston County, Washington AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an application from Mr. Steven McLain (applicant) for an Incidental Take Permit (ITP) pursuant to the Endangered Species Act of 1973, as amended (ESA). The applicant requests an ITP that would authorize ``take'' of the threatened Olympia subspecies of the Mazama pocket gopher incidental to otherwise lawful construction of a single-family home in Thurston County, Washington. The application includes a draft Habitat Conservation Plan (HCP) with measures to minimize and mitigate the impacts of the taking on the covered species. We have also prepared a draft Environmental Action Statement (EAS) for our preliminary determination that the HCP and permit decision may be eligible for categorical exclusion under the National Environmental Policy Act [[Page 37897]] (NEPA). We invite comments from all interested parties regarding the permit application, draft HCP, and the draft EAS. DATES: To ensure consideration, please submit written comments by September 13, 2017. ADDRESSES: You may view or download copies of the draft HCP and obtain additional information on the Internet at http://www.fws.gov/wafwo/. 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 McLain HCP'':Electronic: [email protected]. U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES- 2017-N097; U.S. Fish and Wildlife Service; Washington Fish and Wildlife Office, 510 Desmond Drive SE., Suite 102; Lacey, Washington 98503. In-Person Drop-off, Viewing, or Pickup: Call 360-753-5823 to make an appointment (necessary for viewing or picking up documents only) during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning and Hydropower Branch Manager, Washington Fish and Wildlife Office, U.S. Fish and Wildlife Service (see ADDRESSES), telephone: 360-753- 5823. If you use a telecommunications device for the deaf, please call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Background Section 9 of the ESA prohibits ``take'' of fish and wildlife species listed as endangered or threatened. Under the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined in our regulations, includes significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is defined in our regulations as to carry out actions that create the likelihood of injury to listed species 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). Section 10(a)(1)(B) of the ESA contains provisions that authorize the Service to issue permits to non-federal entities for the take of endangered and threatened species caused by otherwise lawful activities, provided the following criteria are met: (1) The taking will be incidental; (2) the applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking; (3) the applicant will ensure that adequate funding for the plan will be provided; (4) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) the applicant will carry out any other measures that the Service may require as being necessary or appropriate for the purposes of the plan. Regulations governing permits for endangered and threatened species are found in 50 CFR 17.22 and 17.32, respectively. We received an application from the applicant for an ITP pursuant to Section 10(a)(1)(B) of the ESA. The applicant requests an ITP having a 2-year term that would authorize ``take'' of the threatened Olympia subspecies of the Mazama pocket gopher (Thomomys mazama pugetensis), hereafter referred to as Olympia pocket gopher, incidental to otherwise lawful construction of one single-family home on land he owns in Thurston County, Washington. The application includes a draft HCP that describes actions the applicant will take to minimize and mitigate the impacts of the taking on covered species. Proposed Action The Service proposes to issue the requested 2-year ITP based on the applicant's commitment to implement the draft HCP, if permit issuance criteria are met. Covered activities include construction of the single-family home. The area covered under the draft HCP consists of an approximately one-half acre project development site and an approximately one acre conservation site on land owned by the applicant. Take of the Olympia pocket gopher would occur within the half-acre development site and will be offset by permanently managing an acre of occupied habitat for the covered species on the applicant's land until and unless the take impacts are offset by purchasing equivalent credits from a Service-approved conservation bank for the Olympia pocket gopher. National Environmental Policy Act Compliance The proposed issuance of an ITP is a Federal action that triggers the need for compliance with NEPA (42 U.S.C. 4321 et seq.). Pursuant to NEPA, we prepared an Environmental Action Statement (EAS) to analyze the environmental impacts of the proposed Federal action of issuing the requested ITP and implementation of the conservation program under the proposed HCP. Based on the EAS, we have preliminarily determined that the applicant's proposal, including the proposed mitigation measures, would have minor or negligible effects on the species covered in the HCP. Therefore, we determined that the proposed HCP is eligible for ``low- effect'' status and qualifies for categorical exclusion under NEPA, as provided by the Department of the Interior NEPA regulations (43 CFR part 46). A low-effect HCP is one involving (1) minor or negligible effects on federally listed or candidate species and their habitat, and (2) minor or negligible effects on other environmental values or resources. Public Comments You may submit your comments and materials by one of the methods listed in the ADDRESSES section. We specifically request information, views, and suggestions from interested parties regarding our proposed Federal action, including adequacy of the draft HCP pursuant to the requirements for permits at 50 CFR parts 13 and 17 and adequacy of the EAS pursuant to NEPA. Public Availability of Comments All comments and materials we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personally identifiable information in your comments, you should be aware that your entire comment--including your personally identifiable information--may be made publicly available at any time. While you can ask us in your comment to withhold your personally identifiable information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Comments and materials we receive will be available for public inspection by appointment, during normal business hours, at our Washington Fish and Wildlife Office (see ADDRESSES). Next Steps We will evaluate the permit application, the HCP, and any comments received to determine whether the permit application meets the requirements of section 10(a)(1)(B) of the ESA. We will also evaluate whether issuance of the requested permit would comply with section 7 of [[Page 37898]] the ESA by conducting an intra-Service section 7 consultation on anticipated ITP actions. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether to issue the ITP. If we determine that all requirements are met, we will issue an ITP under section 10(a)(1)(B) of the ESA to the applicant for the take of the covered species, incidental to otherwise lawful covered activities. We will make the final permit decision no sooner than 30 days after the date of this notice. Authority We provide this notice in accordance with the requirements of section 10 of the ESA and NEPA and their implementing regulations (50 CFR 17.32 and 40 CFR 1506.6, respectively). Dated: June 20, 2017. Theresa E. Rabot, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service, Portland, Oregon. [FR Doc. 2017-17082 Filed 8-11-17; 8:45 am] BILLING CODE 4333-15-P
![37896 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
Chief, Natural Resources Conservation 5. Fostering communication and the Council’s designated subcommittees
Service (NRCS); and Administrator, coordination among state, tribal, and or workgroups.
Farm Services Agency (FSA). The Federal governments; industry; hunting Background information on the
Council’s duties are strictly advisory and shooting sportsmen and women; Council is available at http://
and consist of, but are not limited to, wildlife and habitat conservation and www.fws.gov/whhcc.
providing recommendations for: management organizations; and the
Meeting Agenda
1. Implementing the Recreational public;
Hunting and Wildlife Resource 6. Providing appropriate access to The Council will convene to consider
Conservation Plan; Federal lands for recreational shooting issues including:
2. Increasing public awareness of and and hunting; 1. Implementing Department of the
support for the Wildlife Restoration 7. Providing recommendations to Interior Secretarial Order 3347—
Program; improve implementation of Federal Conservation Stewardship and Outdoor
3. Fostering wildlife and habitat conservation programs that benefit Recreation;
conservation and ethics in hunting and wildlife, hunting, and outdoor 2. Status of the Recreation Hunting
shooting sports recreation; recreation on private lands; and and Wildlife Conservation Plan, as
directed by Executive Order 13443; and
4. Stimulating sportsmen and 8. When requested by the Designated
3. Other Council business.
women’s participation in conservation Federal Officer in consultation with the
The final agenda will be posted on the
and management of wildlife and habitat Council Chairperson, performing a
internet at http://www.fws.gov/whhcc.
resources through outreach and variety of assessments or reviews of
education; policies, programs, and efforts through Public Input
You must contact the Council Designated Fed-
If you wish to: eral Officer (see FOR FURTHER INFORMA-
TION CONTACT) no later than:
Listen to the Teleconference .......................................................................................................... August 17, 2017.
Submit written information or questions before the teleconference for the Council to consider August 17, 2017.
during the meeting.
Give an oral presentation during the teleconference ..................................................................... August 17, 2017.
Submitting Written Information or submit written statements to the DEPARTMENT OF THE INTERIOR
Questions Council Designated Federal Officer up
to 30 days subsequent to the Fish and Wildlife Service
Interested members of the public may
submit relevant information or teleconference. [FWS–R1–ES–2017–N097;
questions for the Council to consider FXES11140100000–178–FF01E00000]
Meeting Minutes
during the public teleconference.
Summary minutes of the Proposed Low-Effect Habitat
Written statements must be received by
teleconference will be maintained by Conservation Plan for the Olympia
the date in Public Input so that the
Subspecies of the Mazama Pocket
information may be made available to the Council Designated Federal Officer
Gopher, Thurston County, Washington
the Council for consideration prior to (see FOR FURTHER INFORMATION CONTACT).
this meeting. Written statements must They will be available for public AGENCY: Fish and Wildlife Service,
be supplied to the Council Designated inspection within 90 days of the Interior.
Federal Officer in both of the following teleconference, and will be posted on ACTION: Notice of availability; request
formats: One hard copy with original the Council’s Web site at http:// for comments.
signature, and one electronic copy via www.fws.gov/whhcc.
email (acceptable file formats are Adobe SUMMARY: We, the U.S. Fish and
Public Disclosure of Comments:
Acrobat PDF, MS Word, MS Wildlife Service (Service), received an
PowerPoint, or rich text file). Before including your address, phone
application from Mr. Steven McLain
number, email address, or other (applicant) for an Incidental Take
Giving an Oral Presentation personal identifying information in your Permit (ITP) pursuant to the Endangered
Individuals or groups who want to comment, please be aware that your Species Act of 1973, as amended (ESA).
make an oral presentation during the entire comment—including your The applicant requests an ITP that
teleconference will be limited to 2 personal identifying information—may would authorize ‘‘take’’ of the
minutes per speaker, with no more than be made publicly available at any time. threatened Olympia subspecies of the
a total of 30 minutes for all speakers. While you may ask us in your comment Mazama pocket gopher incidental to
Interested parties should contact the to withhold your personal identifying otherwise lawful construction of a
Council Designated Federal Officer, in information from public review, we single-family home in Thurston County,
writing (preferably via email; see FOR cannot guarantee that we will be able to Washington. The application includes a
FURTHER INFORMATION CONTACT), to be do so. draft Habitat Conservation Plan (HCP)
placed on the public speaker list for this with measures to minimize and mitigate
sradovich on DSK3GMQ082PROD with NOTICES
Authority: 5 U.S.C. Appendix 2.
teleconference. Nonregistered public the impacts of the taking on the covered
speakers cannot be accommodated Joshua Winchell, species. We have also prepared a draft
during the teleconference. Registered Designated Federal Officer, U.S. Fish and Environmental Action Statement (EAS)
speakers who wish to expand upon their Wildlife Service. for our preliminary determination that
oral statements, or those who had [FR Doc. 2017–16841 Filed 8–11–17; 8:45 am] the HCP and permit decision may be
wished to speak but could not be BILLING CODE 4310–55–P
eligible for categorical exclusion under
accommodated on the agenda, may the National Environmental Policy Act
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![37898 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
the ESA by conducting an intra-Service and, after the investigation, issue a the public interest in this investigation,
section 7 consultation on anticipated limited exclusion order and cease and as appropriate, and provide the
ITP actions. We will use the results of desist orders. Commission with findings of fact and a
this consultation, in combination with ADDRESSES: The complaint, except for recommended determination on this
the above findings, in our final analysis any confidential information contained issue, which shall be limited to the
to determine whether to issue the ITP. therein, is available for inspection statutory public interest factors set forth
If we determine that all requirements during official business hours (8:45 a.m. in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
are met, we will issue an ITP under to 5:15 p.m.) in the Office of the (3) For the purpose of the
section 10(a)(1)(B) of the ESA to the Secretary, U.S. International Trade investigation so instituted, the following
applicant for the take of the covered Commission, 500 E Street SW., Room are hereby named as parties upon which
species, incidental to otherwise lawful 112, Washington, DC 20436, telephone this notice of investigation shall be
covered activities. We will make the (202) 205–2000. Hearing impaired served:
final permit decision no sooner than 30 individuals are advised that information (a) The complainants are: Bioverativ
days after the date of this notice. on this matter can be obtained by Inc., 225 Second Avenue, Waltham, MA
contacting the Commission’s TDD 02451. Bioverativ Therapeutics Inc., 225
Authority Second Avenue, Waltham, MA 02451.
terminal on (202) 205–1810. Persons
We provide this notice in accordance with mobility impairments who will Bioverativ U.S. LLC, 225 Second
with the requirements of section 10 of Avenue, Waltham, MA 02451.
need special assistance in gaining access
the ESA and NEPA and their (b) The respondents are the following
to the Commission should contact the
implementing regulations (50 CFR 17.32 entities alleged to be in violation of
Office of the Secretary at (202) 205– section 337, and are the parties upon
and 40 CFR 1506.6, respectively). 2000. General information concerning which the complaint is to be served:
Dated: June 20, 2017. the Commission may also be obtained CSL Behring LLC, 1020 First Avenue,
Theresa E. Rabot, by accessing its internet server at King of Prussia, PA 19406. CSL Behring
Deputy Regional Director, Pacific Region, U.S. https://www.usitc.gov. The public GmbH, Emil-von-Behring-Strasse 76,
Fish and Wildlife Service, Portland, Oregon. record for this investigation may be Marburg, Hessen 35041 Germany. CSL
[FR Doc. 2017–17082 Filed 8–11–17; 8:45 am] viewed on the Commission’s electronic Behring Recombinant Facility AG,
BILLING CODE 4333–15–P
docket (EDIS) at https://edis.usitc.gov. Wankdorfstrasse 10, Bern, Bern 3014
FOR FURTHER INFORMATION CONTACT: Switzerland.
Pathenia M. Proctor, The Office of (c) The Office of Unfair Import
INTERNATIONAL TRADE Unfair Import Investigations, U.S. Investigations, U.S. International Trade
COMMISSION International Trade Commission, Commission, 500 E Street SW., Suite
telephone (202) 205–2560. 401, Washington, DC 20436; and
[Investigation No. 337–TA–1066] (4) For the investigation so instituted,
SUPPLEMENTARY INFORMATION:
Certain Recombinant Factor IX Authority: The authority for the Chief Administrative Law Judge,
Products; Institution of Investigation institution of this investigation is U.S. International Trade Commission,
contained in section 337 of the Tariff shall designate the presiding
AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. 1337 Administrative Law Judge.
Commission. and in section 210.10 of the Responses to the complaint and the
ACTION: Notice. Commission’s Rules of Practice and notice of investigation must be
Procedure, 19 CFR 210.10 (2017). submitted by the named respondents in
SUMMARY: Notice is hereby given that a Scope of Investigation: Having accordance with section 210.13 of the
complaint was filed with the U.S. considered the complaint, the U.S. Commission’s Rules of Practice and
International Trade Commission on July International Trade Commission, on Procedure, 19 CFR 210.13. Pursuant to
7, 2017, under section 337 of the Tariff August 8, 2017, ordered that— 19 CFR 201.16(e) and 210.13(a), such
Act of 1930, as amended, on behalf of (1) Pursuant to subsection (b) of responses will be considered by the
Bioverativ Inc. of Waltham, section 337 of the Tariff Act of 1930, as Commission if received not later than 20
Massachusetts; Bioverativ Therapeutics amended, an investigation be instituted days after the date of service by the
Inc. of Waltham, Massachusetts; and to determine whether there is a Commission of the complaint and the
Bioverativ U.S. LLC of Waltham, violation of subsection (a)(1)(B) of notice of investigation. Extensions of
Massachusetts. A supplement to the section 337 in the importation into the time for submitting responses to the
complaint was filed on July 14, 2017. United States, the sale for importation, complaint and the notice of
The complaint alleges violations of or the sale within the United States after investigation will not be granted unless
section 337 based upon the importation importation of certain recombinant good cause therefor is shown.
into the United States, the sale for Factor IX products by reason of Failure of a respondent to file a timely
importation, and the sale within the infringement of one or more of claims 1, response to each allegation in the
United States after importation of 2, 4–19, 24, 25, 29, and 34 of the ’475 complaint and in this notice may be
certain recombinant Factor IX products patent; claims 1–7, 11–16, 18, 19, 21, deemed to constitute a waiver of the
by reason of infringement of certain and 23–27 of the ’091 patent; and claims right to appear and contest the
claims of U.S. Patent No. 9,670,475 1–10, 13–15, and 17–28 of the ’903 allegations of the complaint and this
(‘‘the ’475 patent’’); U.S. Patent No. patent; and whether an industry in the notice, and to authorize the
administrative law judge and the
sradovich on DSK3GMQ082PROD with NOTICES
9,623,091 (‘‘the ’091 patent’’); and U.S. United States exists as required by
Patent No. 9,629,903 (‘‘the ’903 patent’’). subsection (a)(2) of section 337; Commission, without further notice to
The complaint further alleges that an (2) Pursuant to Commission Rule the respondent, to find the facts to be as
industry in the United States exists as 210.50(b)(1), 19 CFR 210.50(b)(1), the alleged in the complaint and this notice
required by the applicable Federal presiding Administrative Law Judge and to enter an initial determination
Statute. shall take evidence or other information and a final determination containing
The complainants request that the and hear arguments from the parties or such findings, and may result in the
Commission institute an investigation other interested persons with respect to issuance of an exclusion order or a cease
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Document Created: 2018-10-24 11:52:26
Document Modified: 2018-10-24 11:52:26
| 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 comments. | |
| Dates | To ensure consideration, please submit written comments by September 13, 2017. | |
| Contact | Tim Romanski, Conservation Planning and Hydropower Branch Manager, Washington Fish and Wildlife Office, | |
| FR Citation | 82 FR 37896 |
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