83 FR 40783 - Habitat Conservation Plan for the Yelm Subspecies of the Mazama Pocket Gopher, Thurston County, Washington
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 159 (August 16, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 159 (August 16, 2018)
| Page Range | 40783-40784 | |
| FR Document | 2018-17668 |
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)] [Notices] [Pages 40783-40784] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17668] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2018-N076; FXES11140100000-189-FF01E00000] Habitat Conservation Plan for the Yelm 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. Todd Tveten for an incidental take permit (ITP) pursuant to the Endangered Species Act of 1973, as amended (ESA). The ITP would authorize ``take'' of the Yelm pocket gopher, incidental to otherwise lawful activities during construction of a single-family home and agricultural shop in Thurston County, Washington. The application includes a 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. We provide this notice to open a public comment period and invite comments from all interested parties regarding the documents. DATES: To ensure consideration, please submit written comments by September 17, 2018. ADDRESSES: To request further information or submit written comments, please use one of the following methods:Internet: You may view or download copies of the HCP and obtain additional information on the internet at http://www.fws.gov/wafwo/. Email: [email protected]. Include ``Tveten HCP'' in the subject line of the message. U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES- 2018-N076; U.S. Fish and Wildlife Service; Washington Fish and Wildlife Office; 510 Desmond Drive SE, Suite 102; Lacey, WA 98503. [[Page 40784]] In-Person Drop-off, Viewing, or Pickup: Call 360-753-5823 to make an appointment (necessary for viewing or picking up documents only) during regular 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: The Service received an application for an ITP pursuant to Section 10(a)(1)(B) of the ESA. The applicant requests a 3-year permit term that would authorize ``take'' of the threatened Yelm pocket gopher (Thomomys mazama yelmensis), hereafter referred to as Yelm pocket gopher, incidental to construction of one single-family home on land the applicant owns in Thurston County, Washington. The application includes a HCP that describes actions the applicant will take to minimize and mitigate the impacts of the taking on the covered species. Background Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531) 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 intentional or negligent 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. Proposed Action The Service proposes to issue the requested 3-year ITP based on the applicant's commitment to implement the HCP, if permit issuance criteria are met. Covered activities include construction of a single- family home and an agricultural building. The area covered under the 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 Yelm pocket gopher would occur within the half- acre development site and will be offset by granting Thurston County a perpetual conservation easement over an acre of occupied habitat, for the purpose of ensuring that it is perpetually managed for the benefit of the covered species. Funding for management of the conservation easement would be assured. The applicant may have the conservation easement released in the future if it purchases credits from a Service- approved conservation bank for the Yelm pocket gopher, which would provide equivalent or greater conservation benefits to the species. At present, no such conservation bank exists. Public Comments You may submit your comments and materials by one of the methods listed in ADDRESSES. We specifically request information, views, and suggestions from interested parties regarding our proposed Federal action, including adequacy of the 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). 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). Theresa E. Rabot, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service. [FR Doc. 2018-17668 Filed 8-15-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40783
Fish and Wildlife Service, 2493 Portola single-family residence and associated Dated: August 10, 2018.
Road, Suite B, Ventura, CA 93003. uses on an existing, legal, one acre Stephen P. Henry,
• Facsimile: Fax your comments to parcel in the unincorporated Field Supervisor, Ventura Fish and Wildlife
805–644–3958. community of Los Osos, County of San Office, Ventura, California.
FOR FURTHER INFORMATION CONTACT: Julie Luis Obispo, California. The take would [FR Doc. 2018–17663 Filed 8–15–18; 8:45 am]
M. Vanderwier, Fish and Wildlife occur in association with site BILLING CODE 4333–15–P
Biologist, 805–677–3400 (phone), or at preparation activities necessary for
the Ventura address in ADDRESSES. construction. The HCP includes
SUPPLEMENTARY INFORMATION: We have
minimization measures for the covered DEPARTMENT OF THE INTERIOR
received an application for an incidental species and compensation for
unavoidable take of the species through Fish and Wildlife Service
take permit (ITP) pursuant to section
10(a)(1)(B) of the Endangered Species payment of a fee to an Impact-Directed
[FWS–R1–ES–2018–N076;
Act (ESA; 16 U.S.C. 1531 et seq.). The Environmental Account held by the
FXES11140100000–189–FF01E00000]
application addresses take of the National Fish and Wildlife Foundation.
federally endangered Morro Collected fees from this account will Habitat Conservation Plan for the Yelm
shoulderband snail (Helminthoglypta fund recovery actions for Morro Subspecies of the Mazama Pocket
walkeriana) that would occur incidental shoulderband snail identified in the Gopher, Thurston County, Washington
to the construction and maintenance of 1998 recovery plan for this species and
four plant species from western San AGENCY: Fish and Wildlife Service,
a single-family residence and associated
Luis Obispo County. The HCP supports Interior.
uses. The requested permit term is 10
years and the permit would be subject an application to the Service seeking ACTION: Notice of availability; request
to renewal. Issuance of an ITP pursuant issuance of an ITP that would authorize for comments.
to this habitat conservation plan (HCP) take of the Morro shoulderband snail.
The County of San Luis Obispo requires SUMMARY: We, the U.S. Fish and
has been determined to be eligible for a Wildlife Service (Service), received an
categorical exclusion under the National demonstration that property owners are
in compliance with the ESA regarding application from Mr. Todd Tveten for an
Environmental Policy Act (NEPA; 42 incidental take permit (ITP) pursuant to
U.S.C. 4321 et seq.). We invite Morro shoulderband snail as part of
their issuance of County permits that the Endangered Species Act of 1973, as
comments from the public on the draft amended (ESA). The ITP would
HCP, draft low-effect screening form, would allow land development in Los
Osos. authorize ‘‘take’’ of the Yelm pocket
and environmental action statement. gopher, incidental to otherwise lawful
Background Our Preliminary Determination activities during construction of a
The Service has made a preliminary single-family home and agricultural
The Morro shoulderband snail was
determination that issuance of the ITP is shop in Thurston County, Washington.
listed as endangered on December 15,
neither a major Federal action that will The application includes a habitat
1994 (59 FR 64613). Section 9 of the
significantly affect the quality of the conservation plan (HCP) with measures
ESA and its implementing regulations
human environment within the meaning to minimize and mitigate the impacts of
prohibit the take of fish or wildlife
of section 102(2)(C) of NEPA (42 U.S.C. the taking on the covered species. We
species listed as endangered or
4321 et seq.,) nor that it will, have also prepared a draft
threatened. Under the ESA, ‘‘take’’ is
individually or cumulatively, have more environmental action statement (EAS)
defined to include the following
than a negligible effect on Morro for our preliminary determination that
activities: ‘‘to harass, harm, pursue,
shoulderband snail, the only species the HCP and permit decision may be
hunt, shoot, wound, kill, trap, capture,
covered in the HCP. Therefore, the eligible for categorical exclusion under
or collect, or to attempt to engage in any
permit qualifies for a categorical the National Environmental Policy Act.
such conduct’’ (16 U.S.C. 1532). Under
exclusion under NEPA. We provide this notice to open a public
section 10(a)(1)(B) of the ESA, we may
comment period and invite comments
issue permits to authorize take of listed Public Comments from all interested parties regarding the
species if it is incidental to other lawful
If you wish to comment on the draft documents.
activities and not the purpose of
carrying out that activity. The Code of HCP and associated documents, you DATES: To ensure consideration, please
Federal Regulations provides may submit comments by one of the submit written comments by September
regulations governing incidental take methods in ADDRESSES. 17, 2018.
permits for endangered and threatened Before including your address, phone ADDRESSES: To request further
species at 50 CFR 17.22 and 17.32, number, email address, or other information or submit written
respectively. Issuance of an ITP must personal identifying information in your comments, please use one of the
not jeopardize the existence of any comment, you should be aware that following methods:
federally listed fish, wildlife or plant your entire comment, including your • Internet: You may view or
species. Under the ESA, protections for personal identifying information, may download copies of the HCP and obtain
federally listed plants differ from the be made publicly available at any time. additional information on the internet at
protections afforded to federally listed While you can ask us in your comment http://www.fws.gov/wafwo/.
animals. The permittee would receive to withhold your personal identifying • Email: wfwocomments@fws.gov.
information from public view, we Include ‘‘Tveten HCP’’ in the subject
sradovich on DSK3GMQ082PROD with NOTICES
assurances under our ‘‘No Surprises’’
regulations (50 CFR 17.22(b)(5) and cannot guarantee that we will be able to line of the message.
17.32(b)(5)) for species included in the do so. • U.S. Mail: Public Comments
ITP. Processing, Attn: FWS–R1–ES–2018–
Authority
N076; U.S. Fish and Wildlife Service;
Applicant’s Proposed Activities We provide this notice under section Washington Fish and Wildlife Office;
The proposed project involves the 10 of the ESA (16 U.S.C. 1531 et seq.) 510 Desmond Drive SE, Suite 102;
construction and maintenance of a and NEPA regulations (40 CFR 1506.6). Lacey, WA 98503.
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![40784 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
• In-Person Drop-off, Viewing, or provided; (4) the taking will not comment to withhold your personally
Pickup: Call 360–753–5823 to make an appreciably reduce the likelihood of the identifiable information from public
appointment (necessary for viewing or survival and recovery of the species in review, we cannot guarantee that we
picking up documents only) during the wild; and (5) the applicant will carry will be able to do so. All submissions
regular business hours at the above out any other measures that the Service from organizations or businesses, and
address. may require as being necessary or from individuals identifying themselves
FOR FURTHER INFORMATION CONTACT: Tim
appropriate for the purposes of the plan. as representatives or officials of
Romanski, Conservation Planning and Regulations governing permits for organizations or businesses, will be
Hydropower Branch Manager, endangered and threatened species are made available for public disclosure in
Washington Fish and Wildlife Office, found in 50 CFR 17.22 and 17.32, their entirety. Comments and materials
U.S. Fish and Wildlife Service (see respectively. we receive will be available for public
ADDRESSES), telephone: 360–753–5823. Proposed Action inspection by appointment, during
If you use a telecommunications device normal business hours, at our
The Service proposes to issue the Washington Fish and Wildlife Office
for the deaf, please call the Federal requested 3-year ITP based on the
Relay Service at 800–877–8339. (see ADDRESSES).
applicant’s commitment to implement
SUPPLEMENTARY INFORMATION: The the HCP, if permit issuance criteria are Authority
Service received an application for an met. Covered activities include We provide this notice in accordance
ITP pursuant to Section 10(a)(1)(B) of construction of a single-family home with the requirements of section 10 of
the ESA. The applicant requests a 3-year and an agricultural building. The area the ESA and NEPA and their
permit term that would authorize ‘‘take’’ covered under the HCP consists of an implementing regulations (50 CFR 17.32
of the threatened Yelm pocket gopher approximately one-half acre project and 40 CFR 1506.6, respectively).
(Thomomys mazama yelmensis), development site and an approximately
hereafter referred to as Yelm pocket one acre conservation site on land Theresa E. Rabot,
gopher, incidental to construction of owned by the applicant. Take of the Deputy Regional Director, Pacific Region, U.S.
one single-family home on land the Yelm pocket gopher would occur within Fish and Wildlife Service.
applicant owns in Thurston County, the half-acre development site and will [FR Doc. 2018–17668 Filed 8–15–18; 8:45 am]
Washington. The application includes a be offset by granting Thurston County a BILLING CODE 4333–15–P
HCP that describes actions the applicant perpetual conservation easement over
will take to minimize and mitigate the an acre of occupied habitat, for the
impacts of the taking on the covered purpose of ensuring that it is DEPARTMENT OF THE INTERIOR
species. perpetually managed for the benefit of
the covered species. Funding for Fish and Wildlife Service
Background
management of the conservation [FWS–R8–ES–2018–N055;
Section 9 of the Endangered Species easement would be assured. The FXES11130800000–189–FF08EVEN00]
Act (ESA; 16 U.S.C. 1531) prohibits applicant may have the conservation
‘‘take’’ of fish and wildlife species listed easement released in the future if it Low-Effect Habitat Conservation Plan
as endangered or threatened. Under the purchases credits from a Service- and Categorical Exclusion; Gaver
ESA, the term ‘‘take’’ means to harass, approved conservation bank for the Ranch, Castroville, Monterey County,
harm, pursue, hunt, shoot, wound, kill, Yelm pocket gopher, which would California
trap, capture, or collect, or to attempt to provide equivalent or greater
engage in any such conduct (16 U.S.C. AGENCY: Fish and Wildlife Service,
conservation benefits to the species. At Interior.
1532(19)). The term ‘‘harm,’’ as defined present, no such conservation bank
in our regulations, includes significant ACTION: Notice of availability; request
exists.
habitat modification or degradation that for comment.
results in death or injury to listed Public Comments
species by significantly impairing SUMMARY: We, the U.S. Fish and
You may submit your comments and Wildlife Service, have received an
essential behavioral patterns, including materials by one of the methods listed
breeding, feeding, or sheltering (50 CFR application from Midnight Sun, Inc., for
in ADDRESSES. We specifically request a 20-year incidental take permit under
17.3). The term ‘‘harass’’ is defined in information, views, and suggestions
our regulations as to intentional or the Endangered Species Act of 1973, as
from interested parties regarding our amended (Act). The application
negligent actions that create the proposed Federal action, including
likelihood of injury to listed species to addresses the potential for ‘‘take’’ of the
adequacy of the HCP pursuant to the federally threatened California red-
such an extent as to significantly disrupt requirements for permits at 50 CFR parts
normal behavioral patterns, which legged frog and California tiger
13 and 17 and adequacy of the EAS salamander that is likely to occur
include, but are not limited to, breeding, pursuant to NEPA.
feeding, or sheltering (50 CFR 17.3). incidental to ongoing agricultural
Section 10(a)(1)(B) of the ESA Public Availability of Comments activities, flood and erosion control
contains provisions that authorize the All comments and materials we activities, and habitat restoration at
Service to issue permits to non-Federal receive become part of the public record Gaver Ranch near the community of
entities for the take of endangered and associated with this action. Before Castroville in unincorporated Monterey
threatened species caused by otherwise including your address, phone number, County, California. We invite comments
sradovich on DSK3GMQ082PROD with NOTICES
lawful activities, provided the following email address, or other personally from the public on the application
criteria are met: (1) The taking will be identifiable information in your package, which includes a low-effect
incidental; (2) the applicant will, to the comments, you should be aware that habitat conservation plan.
maximum extent practicable, minimize your entire comment—including your DATES: To ensure consideration, please
and mitigate the impact of such taking; personally identifiable information— send your written comments by
(3) the applicant will ensure that may be made publicly available at any September 17, 2018.
adequate funding for the plan will be time. While you can ask us in your ADDRESSES:
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Document Created: 2018-08-16 01:03:05
Document Modified: 2018-08-16 01:03:05
| 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 17, 2018. | |
| Contact | Tim Romanski, Conservation Planning and Hydropower Branch Manager, Washington Fish and Wildlife Office, | |
| FR Citation | 83 FR 40783 |
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