83 FR 24335 - Montana Department of Natural Resources Final Amended Habitat Conservation Plan and Final Supplemental Environmental Impact Statement
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 102 (May 25, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 102 (May 25, 2018)
| Page Range | 24335-24336 | |
| FR Document | 2018-11209 |
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)] [Notices] [Pages 24335-24336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11209] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-R6-ES-2017-0044; FF06E11000-167-FXES11120600000] Montana Department of Natural Resources Final Amended Habitat Conservation Plan and Final Supplemental Environmental Impact Statement AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final supplemental environmental impact statement (SEIS) and final Montana Department of Natural Resources Amended Habitat Conservation Plan (HCP) for forest management in Montana. The Montana Department of Natural Resources and Conservation (DNRC) applied to the Service for an amended incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA). DNRC is requesting authorization of additional incidental take of three federally listed and one unlisted species on 81,416 acres to be added to its HCP-covered lands. DNRC also amended the HCP to incorporate the terms of a settlement agreement from a 2013 lawsuit on the original permit. The final SEIS considers the environmental effects of amending the HCP and permit and addresses public comments received on the 2017 draft EIS. DATES: The documents will be available for inspection through June 25, 2018. We will not decide whether to issue an amended permit before the 30-day review period ends. We will document our decision in a record of decision (ROD). ADDRESSES: Reviewing Documents: You may review the final SEIS and final amended HCP in any of the following ways:Internet: Go to www.regulations.gov and search for Docket No. FWS-R6-ES-2017-0044. In-person Review or Pick-up: Documents will also be available for public inspection by appointment during normal business hours at the U.S. Fish and Wildlife Service, 780 Creston Hatchery Road, Kalispell, MT 59901 (telephone, 406-758-6882); U.S. Fish and Wildlife Service, 585 Shepard Way, Suite 1, Helena, MT 59601 (telephone, 406- 449-5225); and Montana DNRC Forest Management Bureau, 2705 Spurgin Rd, Missoula, MT 59804 (telephone, 406-542-4328). Information regarding the final documents is available in alternative formats upon request (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Ben Conard, Assistant Field Supervisor, Kalispell Field Office, via email at [email protected] or via telephone at 406-758-6882; or Gary Frank, Deputy Chief, Forest Management Bureau, Montana DNRC, via email at [email protected], or via telephone at 406-542 -4328. Information on this proposed action is also available at the DNRC's website at http://dnrc.mt.gov/divisions/trust/forest-management/hcp. If you use a telecommunications device for the deaf, hard-of-hearing, or speech disabled, please call the Federal Relay Service at 800-877-8337. SUPPLEMENTARY INFORMATION: With this notice, we are advising the public that we are providing the final SEIS and amended HCP for public review. We jointly prepared the final SEIS for our compliance with the National Environmental Policy Act (NEPA) and DNRC's compliance with the Montana Environmental Policy Act. Background Section 9 of the ESA prohibits take of fish and wildlife species listed as endangered (16 U.S.C. 1538). Under section 3 of the ESA, the term ``take'' means to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct'' (16 U.S.C. 1532(19)). The term ``harm'' is defined in title 50 of the Code of Federal Regulations as ``an act which actually kills or injures wildlife. Such acts may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering'' (50 CFR 17.3). The term ``harass'' is defined in the 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 section 10(a) of the ESA, the Service may issue permits to authorize incidental take of listed fish and wildlife species. ``Incidental take'' is defined by the ESA as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Section 10(a)(1)(B) of the ESA contains provisions for issuing incidental take permits to non-Federal entities for the incidental take of endangered and threatened species. Regulations governing activities involving endangered species are at 50 CFR part 17, subpart C, and regulations governing activities involving threatened species are at 50 CFR part 17, subpart D. NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies conduct an environmental analysis of their proposed actions to determine whether the actions may significantly affect the human environment. Under NEPA and its implementing regulations (40 CFR 1500 et seq.), Federal agencies must also compare effects of a reasonable range of alternatives to the proposed action. In these analyses, the Federal agency will identify potentially significant direct, indirect, and cumulative effects, as well as possible mitigation for any significant effects, on biological resources, land use, air quality, water resources, socioeconomics, environmental justice, cultural resources, and other environmental resources that could occur with the implementation of the proposed action and alternatives. The Applicant's Project In 2011, we issued a permit to DNRC for take of the grizzly bear, Canada lynx, bull trout, westslope cutthroat trout, and Columbia redband trout incidental to forest management activities covered in their HCP (75 FR 57059). The grizzly bear, Canada lynx, and bull trout are listed as threatened under the ESA, while the westslope and Columbia redband trout are not listed species. The original permit covered approximately 548,500 acres of forested State trust lands in western Montana. The HCP addressed the process and contingencies for DNRC to transfer, exchange, or add lands for their forest management activities in the future. Thus, the Service had considered in the 2011 final EIS the potential effects of amending the HCP and permit to cover such actions, but was not able to analyze effects from adding specific lands that had not yet been identified. The final SEIS analyzes potential effects to the human and natural environment from the preferred alternative to amend the permit to cover take from DNRC's forest management activities on an additional 81,416 acres. The permit's take authorization would increase for the grizzly bear, Canada lynx, bull trout, and westslope cutthroat [[Page 24336]] trout. Change in authorized take of the Columbia redband trout is not necessary, because it does not occur on the additional lands. The amended permit would require DNRC to implement all applicable HCP conservation commitments on the additional lands to avoid, minimize, and mitigate the impacts of the take. In April, 2013, Friends of the Wild Swan, Montana Environmental Information Center, and Natural Resources Defense Council challenged the issuance of the permit in a Federal District Court in Montana. The Court ruled in the Service's favor on all but one count. DNRC and the plaintiffs subsequently entered a settlement agreement for the remaining count in September 2015. The future addition of lands to the HCP and permit were not part of the complaint or the settlement agreement. The DNRC amended the HCP to incorporate the terms of the settlement agreement, which would not result in any changes to the permit. National Environmental Policy Act Compliance Issuing an amended permit is a Federal action that requires compliance with NEPA. The amended permit would require the implementation of DNRC's amendments to the HCP. Therefore, the final SEIS analyzes the direct, indirect, and cumulative effects of issuing an amended permit and implementing the required measures in the amended HCP to avoid, minimize, and mitigate the impacts of the take. We also analyzed the effects of a no-action alternative. The no-action alternative includes amending the HCP to incorporate the terms of the settlement agreement, which is legally required, but does not include adding lands or issuing an amended permit authorizing additional take. The final SEIS also includes all comments we received on the draft SEIS and our response to those comments. In accordance with NEPA (40 CFR 1502.14(e)), we identified the proposed action as our preferred alternative in the final SEIS. The action agency's preferred alternative is a preliminary indication of its preference of action, chosen from among the alternatives analyzed. It is the alternative that the agency believes would fulfill its statutory mission and responsibilities, giving consideration to environmental, economic, technical, and other factors (43 CFR 46.420(d)). The preferred alternative is not a final agency decision; the final agency decision will be presented in the ROD after the 30-day review period for the final SEIS. Public Review Copies of the Final SEIS and Amended HCP are available for review (see ADDRESSES). Any comment we receive will become part of the administrative record and may be available to the public. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you may request in your comment that we 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. In addition to our publication of this notice, the U.S. Environmental Protection Agency (EPA) will publish a Federal Register notice. The EPA is charged, under section 309 of the Clean Air Act, to review all Federal agencies' EISs and to comment on the adequacy and the acceptability of the environmental impacts of proposed actions in the EISs. EPA also serves as the repository for EISs prepared by Federal agencies and provides notice of their availability in the Federal Register. The Environmental Impact Statement (EIS) Database provides information about EISs prepared by Federal agencies, as well as EPA's comments concerning the EISs. All EISs are filed with EPA, which publishes a notice of availability on Fridays in the Federal Register. The notice of availability is the start of the 30-day ``wait period'' for final EISs, during which agencies are generally required to wait 30 days before making a decision on a proposed action. For more information, see https://www.epa.gov/nepa. You may search for EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search. Authority: We provide this notice under section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations for incidental take permits (50 CFR 17.22) and NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6; 43 CFR part 46). Dated: May 16, 2018. Marjorie Nelson, Chief--Ecological Services, Mountain-Prairie Region, U.S. Fish and Wildlife Service, Lakewood, Colorado. [FR Doc. 2018-11209 Filed 5-24-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices 24335
Date: May 15, 2018. Creston Hatchery Road, Kalispell, MT wildlife species. ‘‘Incidental take’’ is
Merrie Nichols-Dixon, 59901 (telephone, 406–758–6882); U.S. defined by the ESA as take that is
Director, Office of Policy, Programs and Fish and Wildlife Service, 585 Shepard incidental to, and not the purpose of,
Legislative Initiatives. Way, Suite 1, Helena, MT 59601 carrying out an otherwise lawful
[FR Doc. 2018–11305 Filed 5–24–18; 8:45 am] (telephone, 406–449–5225); and activity. Section 10(a)(1)(B) of the ESA
BILLING CODE 4210–67–P Montana DNRC Forest Management contains provisions for issuing
Bureau, 2705 Spurgin Rd, Missoula, MT incidental take permits to non-Federal
59804 (telephone, 406–542–4328). entities for the incidental take of
DEPARTMENT OF THE INTERIOR • Information regarding the final endangered and threatened species.
documents is available in alternative Regulations governing activities
Fish and Wildlife Service formats upon request (see FOR FURTHER involving endangered species are at 50
INFORMATION CONTACT). CFR part 17, subpart C, and regulations
[Docket No. FWS–R6–ES–2017–0044; governing activities involving
FF06E11000–167–FXES11120600000] FOR FURTHER INFORMATION CONTACT: Ben
Conard, Assistant Field Supervisor, threatened species are at 50 CFR part 17,
Montana Department of Natural Kalispell Field Office, via email at Ben_ subpart D.
Conard@fws.gov or via telephone at NEPA (42 U.S.C. 4321 et seq.) requires
Resources Final Amended Habitat
406–758–6882; or Gary Frank, Deputy that Federal agencies conduct an
Conservation Plan and Final
Chief, Forest Management Bureau, environmental analysis of their
Supplemental Environmental Impact
Montana DNRC, via email at gfrank@ proposed actions to determine whether
Statement
mt.gov, or via telephone at 406–542 the actions may significantly affect the
AGENCY: Fish and Wildlife Service, –4328. Information on this proposed human environment. Under NEPA and
Interior. action is also available at the DNRC’s its implementing regulations (40 CFR
ACTION: Notice of availability. 1500 et seq.), Federal agencies must also
website at http://dnrc.mt.gov/divisions/
compare effects of a reasonable range of
trust/forest-management/hcp. If you use
SUMMARY: We, the U.S. Fish and alternatives to the proposed action. In
a telecommunications device for the
Wildlife Service (Service), announce the these analyses, the Federal agency will
deaf, hard-of-hearing, or speech
availability of the final supplemental identify potentially significant direct,
disabled, please call the Federal Relay
environmental impact statement (SEIS) indirect, and cumulative effects, as well
Service at 800–877–8337.
and final Montana Department of as possible mitigation for any significant
Natural Resources Amended Habitat SUPPLEMENTARY INFORMATION: With this effects, on biological resources, land
Conservation Plan (HCP) for forest notice, we are advising the public that use, air quality, water resources,
management in Montana. The Montana we are providing the final SEIS and socioeconomics, environmental justice,
Department of Natural Resources and amended HCP for public review. We cultural resources, and other
Conservation (DNRC) applied to the jointly prepared the final SEIS for our environmental resources that could
Service for an amended incidental take compliance with the National occur with the implementation of the
permit (permit) under the Endangered Environmental Policy Act (NEPA) and proposed action and alternatives.
Species Act of 1973, as amended (ESA). DNRC’s compliance with the Montana
Environmental Policy Act. The Applicant’s Project
DNRC is requesting authorization of
additional incidental take of three In 2011, we issued a permit to DNRC
Background
federally listed and one unlisted species for take of the grizzly bear, Canada lynx,
Section 9 of the ESA prohibits take of bull trout, westslope cutthroat trout, and
on 81,416 acres to be added to its HCP-
fish and wildlife species listed as Columbia redband trout incidental to
covered lands. DNRC also amended the
endangered (16 U.S.C. 1538). Under forest management activities covered in
HCP to incorporate the terms of a
section 3 of the ESA, the term ‘‘take’’ their HCP (75 FR 57059). The grizzly
settlement agreement from a 2013
means to ‘‘harass, harm, pursue, hunt, bear, Canada lynx, and bull trout are
lawsuit on the original permit. The final
shoot, wound, kill, trap, capture, or listed as threatened under the ESA,
SEIS considers the environmental
collect, or attempt to engage in any such while the westslope and Columbia
effects of amending the HCP and permit
conduct’’ (16 U.S.C. 1532(19)). The term redband trout are not listed species. The
and addresses public comments
‘‘harm’’ is defined in title 50 of the Code original permit covered approximately
received on the 2017 draft EIS.
of Federal Regulations as ‘‘an act which 548,500 acres of forested State trust
DATES: The documents will be available actually kills or injures wildlife. Such lands in western Montana. The HCP
for inspection through June 25, 2018. acts may include significant habitat addressed the process and contingencies
We will not decide whether to issue an modification or degradation where it for DNRC to transfer, exchange, or add
amended permit before the 30-day actually kills or injures wildlife by lands for their forest management
review period ends. We will document significantly impairing essential activities in the future. Thus, the
our decision in a record of decision behavioral patterns, including breeding, Service had considered in the 2011 final
(ROD). feeding, or sheltering’’ (50 CFR 17.3). EIS the potential effects of amending the
ADDRESSES: Reviewing Documents: You The term ‘‘harass’’ is defined in the HCP and permit to cover such actions,
may review the final SEIS and final regulations as ‘‘an intentional or but was not able to analyze effects from
amended HCP in any of the following negligent act or omission which creates adding specific lands that had not yet
ways: the likelihood of injury to wildlife by been identified. The final SEIS analyzes
• Internet: Go to www.regulations.gov annoying it to such an extent as to potential effects to the human and
amozie on DSK3GDR082PROD with NOTICES1
and search for Docket No. FWS–R6–ES– significantly disrupt normal behavioral natural environment from the preferred
2017–0044. patterns which include, but are not alternative to amend the permit to cover
• In-person Review or Pick-up: limited to, breeding, feeding, or take from DNRC’s forest management
Documents will also be available for sheltering’’ (50 CFR 17.3). activities on an additional 81,416 acres.
public inspection by appointment Under section 10(a) of the ESA, the The permit’s take authorization would
during normal business hours at the Service may issue permits to authorize increase for the grizzly bear, Canada
U.S. Fish and Wildlife Service, 780 incidental take of listed fish and lynx, bull trout, and westslope cutthroat
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![24336 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices
trout. Change in authorized take of the Public Review Dated: May 16, 2018.
Columbia redband trout is not Marjorie Nelson,
necessary, because it does not occur on Copies of the Final SEIS and Chief—Ecological Services, Mountain-Prairie
the additional lands. The amended Amended HCP are available for review Region, U.S. Fish and Wildlife Service,
permit would require DNRC to (see ADDRESSES). Any comment we Lakewood, Colorado.
implement all applicable HCP receive will become part of the [FR Doc. 2018–11209 Filed 5–24–18; 8:45 am]
conservation commitments on the administrative record and may be BILLING CODE 4333–15–P
additional lands to avoid, minimize, available to the public. Before including
and mitigate the impacts of the take. your address, phone number, email
address, or other personal identifying DEPARTMENT OF THE INTERIOR
In April, 2013, Friends of the Wild
Swan, Montana Environmental information in your comment, you
should be aware that your entire Bureau of Land Management
Information Center, and Natural
Resources Defense Council challenged comment—including your personal [F–20520;
the issuance of the permit in a Federal identifying information—may be made 18X.LLAK.944000.L14100000.HY0000.P]
District Court in Montana. The Court publicly available at any time. While
you may request in your comment that Alaska Native Claims Selection
ruled in the Service’s favor on all but
one count. DNRC and the plaintiffs we withhold your personal identifying AGENCY: Bureau of Land Management,
subsequently entered a settlement information from public review, we Interior.
agreement for the remaining count in cannot guarantee that we will be able to ACTION: Notice of decision approving
September 2015. The future addition of do so. All submissions from lands for conveyance.
lands to the HCP and permit were not organizations or businesses and from
part of the complaint or the settlement individuals identifying themselves as SUMMARY: The Bureau of Land
agreement. The DNRC amended the representatives or officials of Management (BLM) hereby provides
HCP to incorporate the terms of the organizations or businesses will be constructive notice that it will issue an
settlement agreement, which would not made available for public disclosure in appealable decision approving
result in any changes to the permit. their entirety. conveyance of the surface and
subsurface estates in certain lands to
National Environmental Policy Act In addition to our publication of this Kukulget, Inc., and Sivuqaq, Inc., both
Compliance notice, the U.S. Environmental Alaska Native corporations, pursuant to
Protection Agency (EPA) will publish a the Alaska Native Claims Settlement Act
Issuing an amended permit is a Federal Register notice. The EPA is of 1971, as amended (ANCSA).
Federal action that requires compliance charged, under section 309 of the Clean DATES: Any party claiming a property
with NEPA. The amended permit would Air Act, to review all Federal agencies’ interest in the lands affected by the
require the implementation of DNRC’s EISs and to comment on the adequacy decision may appeal the decision in
amendments to the HCP. Therefore, the and the acceptability of the accordance with the requirements of 43
final SEIS analyzes the direct, indirect, environmental impacts of proposed CFR part 4 within the time limits set out
and cumulative effects of issuing an actions in the EISs. EPA also serves as in the SUPPLEMENTARY INFORMATION
amended permit and implementing the
the repository for EISs prepared by section.
required measures in the amended HCP
Federal agencies and provides notice of ADDRESSES: You may obtain a copy of
to avoid, minimize, and mitigate the
impacts of the take. We also analyzed their availability in the Federal the decision from the BLM, Alaska State
the effects of a no-action alternative. Register. The Environmental Impact Office, 222 West Seventh Avenue, #13,
The no-action alternative includes Statement (EIS) Database provides Anchorage, Alaska 99513–7504.
amending the HCP to incorporate the information about EISs prepared by FOR FURTHER INFORMATION, CONTACT:
terms of the settlement agreement, Federal agencies, as well as EPA’s Eileen Bryant, BLM Alaska State Office,
which is legally required, but does not comments concerning the EISs. All EISs 907–271–5715 or ebryant@blm.gov. The
include adding lands or issuing an are filed with EPA, which publishes a BLM Alaska State Office may also be
amended permit authorizing additional notice of availability on Fridays in the contacted via a Telecommunications
take. The final SEIS also includes all Federal Register. The notice of Device for the Deaf (TDD) through the
comments we received on the draft SEIS availability is the start of the 30-day Federal Relay Service at 1–800–877–
and our response to those comments. ‘‘wait period’’ for final EISs, during 8339. The relay service is available 24
In accordance with NEPA (40 CFR which agencies are generally required to hours a day, 7 days a week, to leave a
1502.14(e)), we identified the proposed wait 30 days before making a decision message or question with the BLM. The
action as our preferred alternative in the on a proposed action. For more BLM will reply during normal business
final SEIS. The action agency’s preferred information, see https://www.epa.gov/ hours.
alternative is a preliminary indication of nepa. You may search for EPA SUPPLEMENTARY INFORMATION: As
its preference of action, chosen from comments on EISs, along with EISs required by 43 CFR 2650.7(d), notice is
among the alternatives analyzed. It is themselves, at https:// hereby given that the BLM will issue an
the alternative that the agency believes cdxnodengn.epa.gov/cdx-enepa-public/ appealable decision to Kukulget, Inc.,
would fulfill its statutory mission and action/eis/search. and Sivuqaq, Inc. The decision approves
responsibilities, giving consideration to conveyance of the surface and
amozie on DSK3GDR082PROD with NOTICES1
Authority: We provide this notice under
environmental, economic, technical, subsurface estates in certain lands
section 10(c) of the ESA (16 U.S.C. 1531 et
and other factors (43 CFR 46.420(d)). pursuant to the ANCSA (43 U.S.C. 1601,
seq.) and its implementing regulations for
The preferred alternative is not a final et seq.). The lands are located on St.
incidental take permits (50 CFR 17.22) and
agency decision; the final agency Lawrence Island, Alaska, and are
NEPA (42 U.S.C. 4371 et seq.) and its
decision will be presented in the ROD described as:
implementing regulations (40 CFR 1506.6; 43
after the 30-day review period for the CFR part 46). Lots 4 and 5, U.S. Survey No. 4340, Alaska.
final SEIS. Containing 424.35 acres.
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Document Created: 2018-05-25 02:13:31
Document Modified: 2018-05-25 02:13:31
| 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. | |
| Dates | The documents will be available for inspection through June 25, 2018. We will not decide whether to issue an amended permit before the 30-day review period ends. We will document our decision in a record of decision (ROD). | |
| Contact | Ben Conard, Assistant Field Supervisor, Kalispell Field Office, via email at [email protected] or via telephone at 406-758-6882; or Gary Frank, Deputy Chief, Forest Management Bureau, Montana DNRC, via email at [email protected], or via telephone at 406-542 -4328. Information on this proposed action is also available at the DNRC's website at http://dnrc.mt.gov/divisions/trust/ forest-management/hcp. If you use a telecommunications device for the deaf, hard-of-hearing, or speech disabled, please call the Federal Relay Service at 800-877-8337. | |
| FR Citation | 83 FR 24335 |
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