83_FR_45632 83 FR 45458 - Revised Draft Environmental Impact Statement; Amendment to the 1997 Washington State Department of Natural Resources State Lands Habitat Conservation Plan and Incidental Take Permit

83 FR 45458 - Revised Draft Environmental Impact Statement; Amendment to the 1997 Washington State Department of Natural Resources State Lands Habitat Conservation Plan and Incidental Take Permit

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range45458-45460
FR Document2018-19298

We, the U.S. Fish and Wildlife Service (Service), have jointly developed with the Washington State Department of Natural Resources (WDNR) a revised draft environmental impact statement (RDEIS) addressing an amendment to the 1997 WDNR State Lands Habitat Conservation Plan (HCP) to cover the implementation of a Long-Term Conservation Strategy (LTCS) for the marbled murrelet. The RDEIS also addresses an amendment to the Endangered Species Act incidental take permit (ITP) for take of marbled murrelet resulting from the implementation of the LTCS. The RDEIS is intended to satisfy the requirements of both the National Environmental Policy Act and the Washington State Environmental Policy Act. If approved, the proposed LTCS will replace an interim marbled murrelet conservation strategy that is currently being implemented under the WDNR HCP.

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018)
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45458-45460]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19298]



[[Page 45458]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N106; FXES11140100000-189-FF01E00000]


Revised Draft Environmental Impact Statement; Amendment to the 
1997 Washington State Department of Natural Resources State Lands 
Habitat Conservation Plan and Incidental Take Permit

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have jointly 
developed with the Washington State Department of Natural Resources 
(WDNR) a revised draft environmental impact statement (RDEIS) 
addressing an amendment to the 1997 WDNR State Lands Habitat 
Conservation Plan (HCP) to cover the implementation of a Long-Term 
Conservation Strategy (LTCS) for the marbled murrelet. The RDEIS also 
addresses an amendment to the Endangered Species Act incidental take 
permit (ITP) for take of marbled murrelet resulting from the 
implementation of the LTCS. The RDEIS is intended to satisfy the 
requirements of both the National Environmental Policy Act and the 
Washington State Environmental Policy Act. If approved, the proposed 
LTCS will replace an interim marbled murrelet conservation strategy 
that is currently being implemented under the WDNR HCP.

DATES: To ensure consideration, please send your written comments by 
November 6, 2018.

ADDRESSES: To view the pertinent documents for this proposal, request 
further information, or submit comments, please use one of the 
following methods, and note that your information request or comments 
are in reference to FWS-R1-ES-2018-N106.
     Internet: You can view the RDEIS on the internet at 
www.fws.gov/WWFWO/ or at www.dnr.wa.gov/long-term-conservation-strategy-marbled-murrelet.
     Hard Copy: Contact one of the sources listed in FOR 
FURTHER INFORMATION CONTACT to request hard copies.
     Email: Comments may be submitted electronically to WDNR at 
sepacenter@dnr.wa.gov. WDNR will transmit all comments received to the 
Service.
     U.S. Mail: Comments may also be submitted in writing to: 
Todd Welker, SEPA Center, Washington Department of Natural Resources, 
P.O. Box 47001, Olympia, WA 98504-7015. WDNR will transmit all comments 
received to the Service.

FOR FURTHER INFORMATION CONTACT: Please contact either of the 
following:
     Mark Ostwald, by telephone at 360-753-9564, by email at 
Mark_Ostwald@fws.gov, or by U.S. mail at Washington Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 510 Desmond Dr., Suite 102, 
Lacey, WA 98503; or
     Todd Welker, SEPA Center, WDNR, by telephone at 360-902-
2117, or by email at sepacenter@dnr.wa.gov.
    You may alternatively contact either of the above individuals via 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have jointly developed with the Washington State Department 
of Natural Resources (WDNR) a revised draft environmental impact 
statement (RDEIS) addressing an amendment to the 1997 WDNR State Lands 
Habitat Conservation Plan (HCP) to cover the implementation of a Long-
Term Conservation Strategy (LTCS) for the marbled murrelet. The RDEIS 
also addresses an amendment to the Endangered Species Act section 10 
incidental take permit (ITP) for take of marbled murrelet resulting 
from the implementation of the LTCS. The RDEIS is intended to satisfy 
the requirements of both the National Environmental Policy Act and the 
Washington State Environmental Policy Act. If approved, the proposed 
LTCS will replace an interim conservation strategy for the marbled 
murrelet, which is currently being implemented under the WDNR HCP.
    The Service and WDNR have jointly developed a RDEIS for the purpose 
of analyzing alternatives for the LTCS for the marbled murrelet. The 
RDEIS analyses seven action alternatives and a no action alternative. 
If approved, the amended ITP would authorize incidental take of the 
marbled murrelet that would occur as a result of implementation of the 
LTCS over the remaining 50-year term of the WDNR HCP. The scope of the 
proposed amendment to the WDNR HCP and ITP, and thus of the RDEIS, is 
exclusively limited to consideration of the LTCS for the marbled 
murrelet.
    In addition to this notice, the U.S. Environmental Protection 
Agency (EPA) is also publishing a notice announcing the availability of 
the RDEIS, as required under section 309 of the Clean Air Act (42 
U.S.C. 7401 et seq.). The publication of EPA's notice is the official 
start of the public comment period for the RDEIS (see EPA's Role in the 
EIS Process).

Background

    The marbled murrelet (Brachyamphus marmoratus), a seabird, was 
listed as threatened in 1992 under the Endangered Species Act of 1973, 
as amended (ESA; 16 U.S.C. 1531 et seq.). In 1996, the WDNR released 
their draft HCP for forest management activities covering 1.6 million 
acres of forested State trust lands within the range of the northern 
spotted owl (Strix occidentalis caurina) in Washington. A draft EIS 
dated March 1996 was jointly developed by the Service, National Marine 
Fisheries Service, and the WDNR to address the issuance of ITPs for the 
HCP, and was announced in the Federal Register on April 5, 1996 (61 FR 
15297). The 1996 draft EIS analyzed reasonable alternatives, including 
the HCP, for forest management activities on forested State trust lands 
that would be covered by the ITPs. A notice of availability for the 
final EIS (FEIS) was published in the Federal Register on November 1, 
1996 (61 FR 56563). On January 30, 1997, the Service issued an ITP 
(Permit No. 812521) for the WDNR HCP covering multiple species. The 
Service's ITP decision and the availability of related decision 
documents were announced in the Federal Register on February 27, 1997 
(62 FR 8980).
    The WDNR HCP (see www.dnr.wa.gov/programs-and-services/forest-resources/habitat-conservation-state-trust-lands) commits the WDNR to 
developing a LTCS for the marbled murrelet (HCP IV. 39). At the time 
the HCP was prepared, it was determined that development of a LTCS was 
not possible due to a lack of scientific information. For this reason, 
the WDNR developed an interim conservation strategy for the marbled 
murrelet, which is currently being implemented. The proposed amendment 
to the WDNR HCP is the final step in the process for development of the 
LTCS.
    Briefly, the interim conservation strategy for the marbled murrelet 
includes the following components:
    (1) Identification of blocks of suitable marbled murrelet habitat 
on which timber harvest would be deferred;
    (2) Implementation of a habitat relationship study using marbled 
murrelet occupancy surveys to determine the relative importance of 
forested habitats;
    (3) Based on the findings of the habitat relationship study, 
identification of the lowest quality habitat blocks to be made 
available for timber harvest (these areas were expected to contain 
about 5 percent of the marbled murrelet-occupied sites on HCP-covered 
lands);

[[Page 45459]]

    (4) Implementation of surveys of higher quality habitat blocks 
identified by the habitat relationship study to determine marbled 
murrelet occupancy, and protection of murrelet-occupied habitats, along 
with some unoccupied habitat; and
    (5) Development of a LTCS for the marbled murrelet on WDNR lands.
    A Federal Register notice of availability (81 FR 89135) for a draft 
environmental impact statement (DEIS) for the LTCS was published for a 
90-day comment period on December 9, 2016. The 2016 DEIS did not 
specify a preferred alternative. The public comment period for the 2016 
DEIS was 90 days, and over 5,000 comments were received. In 2017, the 
WDNR selected a preferred alternative with guidance from the Washington 
Board of Natural Resources, necessitating development of an RDEIS. This 
alternative was submitted in an application to the Service requesting a 
permit amendment in July 2018.
    This RDEIS differs from the 2016 DEIS in the following ways: (1) 
The WDNR has developed and selected a preferred WDNR alternative 
(alternative H), which was not previously identified; (2) a new 
alternative (alternative G) has been included in response to specific 
public comments; (3) the WDNR forest estate model, or large data 
overlay model, has been rerun with WDNR-identified corrections, 
resulting in different acreage outputs for all the alternatives; (4) 
the WDNR and the Service have identified separate purpose and needs 
statements in Chapter 1; and (5) the marbled murrelet population 
viability analysis has been rerun with modifications.

Endangered Species Act Compliance

    Section 9 of the ESA prohibits 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 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).
    However, under specified circumstances, the Service may issue 
permits that authorize take of federally listed species, provided the 
take is incidental to, and not the purpose of, an otherwise lawful 
activity. Regulations governing permits for endangered and threatened 
species are at 50 CFR 17.22 and 17.32, respectively. Section 
10(a)(1)(B) of the ESA contains provisions for issuing ITPs to non-
Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicant will prepare a conservation plan that, to the 
maximum extent practicable, identifies the steps the applicant will 
take to minimize and mitigate the impact of such taking;
    (3) The applicant will ensure that adequate funding for the plan 
will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicant will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the plan.

National Environmental Policy Act Compliance

    The proposed amendment of the ITP and the 1997 WDNR HCP to cover 
the LTCS for the marble murrelet is a Federal action that triggers the 
need for compliance with NEPA (42 U.S.C. 4321 et seq.). We and WDNR 
have jointly developed the RDEIS for the purpose of analyzing the 
environmental impacts of different alternatives for the LTCS under the 
HCP and ITP. The RDEIS analyzes the DNR's preferred alternative, six 
additional alternatives, and a no-action alternative, for a total of 
eight alternatives.
    WDNR manages approximately 1.38 million acres within 55 miles of 
marine waters, which is the known inland limit of the nesting range for 
the marbled murrelet. The RDEIS analyzes Alternative H as DNR's 
preferred alternative. The Service is not presently identifying a 
preferred alternative, but will for the final environmental impact 
statement (FEIS). The no-action alternative involves continuation of 
the interim conservation strategy for the marbled murrelet under the 
WDNR HCP. The alternatives in the RDEIS are restricted to 
implementation within this area.
    The alternatives represent a range of approaches to long-term 
marbled murrelet habitat conservation on WDNR lands. The alternatives 
differ in the amount and location of WDNR-managed forest land 
designated for long-term conservation of the murrelet. Alternatives 
also include a variety of conservation measures proposed to protect 
marbled murrelet habitat. The alternatives also differ in the amount 
and quality of marbled murrelet habitat removed through timber harvest.

EPA's Role in the EIS Process

    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 (EIS database) for EISs 
prepared by Federal agencies and provides notice of their availability 
in the Federal Register. The 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. 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.

Public Meetings

    We will hold four public meetings during the public comment period, 
at the following locations in the State of Washington: Ballard, 
Burlington, Cathlamet, and Forks. The dates, times, and specific 
locations of the meetings will be posted on the internet at https://www.dnr.wa.gov/mmltcs. The public meetings will be physically 
accessible to people with disabilities. Please direct requests for 
reasonable accommodations (e.g., auxiliary aids or sign language 
interpretation) to one of the sources listed in FOR FURTHER INFORMATION 
CONTACT, at least 7 working days prior to the date of the meeting you 
wish to attend.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. We will also accept written comments at four 
public meetings, to be announced. We specifically request information 
on the following:
    1. Biological information on the marbled murrelet in the 
terrestrial and marine environments;
    2. Cumulative effects on the environment that might influence the 
status of the marbled murrelet in the ESA listed range;
    3. Resiliency of the alternatives in providing current and future 
marbled murrelet habitat in relation to climate

[[Page 45460]]

change and future natural disturbance events such as fire and 
windstorms;
    4. Adequacy of the distribution of marbled murrelet habitat within 
the HCP covered area to provide for murrelet conservation over the 
remaining term of the HCP;
    5. Other aspects of the human environment not already identified in 
the DEIS that may be affected, pursuant to NEPA regulations in the Code 
of Federal Regulations (CFR) at 40 CFR 1506.6.
    Comments received from the 2016 DEIS public comment period were 
used to inform the RDEIS. Comments received on the DEIS and this RDEIS 
will be responded to in the FEIS. If you submitted comments during the 
comment period for the DEIS, you do not need to resubmit those 
comments.

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, as well as supporting 
documentation we use in preparing the FEIS, will be available for 
public inspection by appointment, during normal business hours, at our 
Washington Fish and Wildlife Office (see ADDRESSES).

Next Steps

    The HCP amendment for the LTCS is intended to replace the interim 
conservation strategy for the marbled murrelet. We will evaluate that 
request, associated documents, and public comments in reaching a final 
decision on whether the application for a permit amendment meets the 
requirements of section 10 of the ESA. We will prepare responses to 
public comments and publish a notice of availability for the FEIS. The 
FEIS will identify the WDNR preferred alternative for the amendment, 
and also the Service's preferred alternative. We will also evaluate 
whether the proposed permit action would comply with section 7 of the 
ESA by conducting an intra-Service section 7 consultation. We will use 
the results of this consultation, in combination with the above 
findings, in our final analysis to determine whether or not to approve 
the proposed amendment of the WDNR HCP and ITP. If the ESA section 10 
issuance requirements are met, we will approve the amendment of the ITP 
and HCP. We will issue a record of decision and approve or deny the ITP 
and HCP amendment request by WDNR no sooner than 30 days after 
publication of the notice of availability of the FEIS.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 
and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6).

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-19298 Filed 9-6-18; 8:45 am]
BILLING CODE 4333-15-P



                                               45458                       Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices

                                               DEPARTMENT OF THE INTERIOR                              Olympia, WA 98504–7015. WDNR will                     Background
                                                                                                       transmit all comments received to the                    The marbled murrelet (Brachyamphus
                                               Fish and Wildlife Service                               Service.                                              marmoratus), a seabird, was listed as
                                               [FWS–R1–ES–2018–N106;                                   FOR FURTHER INFORMATION CONTACT:                      threatened in 1992 under the
                                               FXES11140100000–189–FF01E00000]                         Please contact either of the following:               Endangered Species Act of 1973, as
                                                                                                          • Mark Ostwald, by telephone at 360–               amended (ESA; 16 U.S.C. 1531 et seq.).
                                               Revised Draft Environmental Impact                      753–9564, by email at Mark_Ostwald@                   In 1996, the WDNR released their draft
                                               Statement; Amendment to the 1997                        fws.gov, or by U.S. mail at Washington                HCP for forest management activities
                                               Washington State Department of                          Fish and Wildlife Office, U.S. Fish and               covering 1.6 million acres of forested
                                               Natural Resources State Lands Habitat                   Wildlife Service, 510 Desmond Dr.,                    State trust lands within the range of the
                                               Conservation Plan and Incidental Take                   Suite 102, Lacey, WA 98503; or                        northern spotted owl (Strix occidentalis
                                               Permit                                                     • Todd Welker, SEPA Center, WDNR,                  caurina) in Washington. A draft EIS
                                               AGENCY:   Fish and Wildlife Service,                    by telephone at 360–902–2117, or by                   dated March 1996 was jointly developed
                                               Interior.                                               email at sepacenter@dnr.wa.gov.                       by the Service, National Marine
                                                                                                          You may alternatively contact either               Fisheries Service, and the WDNR to
                                               ACTION: Notice of availability; request
                                                                                                       of the above individuals via the Federal              address the issuance of ITPs for the
                                               for comments.
                                                                                                       Relay Service at 800–877–8339.                        HCP, and was announced in the Federal
                                               SUMMARY:   We, the U.S. Fish and                        SUPPLEMENTARY INFORMATION: We, the                    Register on April 5, 1996 (61 FR 15297).
                                               Wildlife Service (Service), have jointly                U.S. Fish and Wildlife Service (Service),             The 1996 draft EIS analyzed reasonable
                                               developed with the Washington State                     have jointly developed with the                       alternatives, including the HCP, for
                                               Department of Natural Resources                         Washington State Department of Natural                forest management activities on forested
                                               (WDNR) a revised draft environmental                    Resources (WDNR) a revised draft                      State trust lands that would be covered
                                               impact statement (RDEIS) addressing an                  environmental impact statement                        by the ITPs. A notice of availability for
                                               amendment to the 1997 WDNR State                        (RDEIS) addressing an amendment to                    the final EIS (FEIS) was published in the
                                               Lands Habitat Conservation Plan (HCP)                   the 1997 WDNR State Lands Habitat                     Federal Register on November 1, 1996
                                               to cover the implementation of a Long-                  Conservation Plan (HCP) to cover the                  (61 FR 56563). On January 30, 1997, the
                                               Term Conservation Strategy (LTCS) for                   implementation of a Long-Term                         Service issued an ITP (Permit No.
                                               the marbled murrelet. The RDEIS also                    Conservation Strategy (LTCS) for the                  812521) for the WDNR HCP covering
                                               addresses an amendment to the                           marbled murrelet. The RDEIS also                      multiple species. The Service’s ITP
                                               Endangered Species Act incidental take                  addresses an amendment to the                         decision and the availability of related
                                               permit (ITP) for take of marbled                        Endangered Species Act section 10                     decision documents were announced in
                                               murrelet resulting from the                             incidental take permit (ITP) for take of              the Federal Register on February 27,
                                               implementation of the LTCS. The RDEIS                   marbled murrelet resulting from the                   1997 (62 FR 8980).
                                               is intended to satisfy the requirements                 implementation of the LTCS. The RDEIS                    The WDNR HCP (see
                                               of both the National Environmental                      is intended to satisfy the requirements               www.dnr.wa.gov/programs-and-
                                               Policy Act and the Washington State                     of both the National Environmental                    services/forest-resources/habitat-
                                               Environmental Policy Act. If approved,                  Policy Act and the Washington State                   conservation-state-trust-lands) commits
                                               the proposed LTCS will replace an                       Environmental Policy Act. If approved,                the WDNR to developing a LTCS for the
                                               interim marbled murrelet conservation                   the proposed LTCS will replace an                     marbled murrelet (HCP IV. 39). At the
                                               strategy that is currently being                        interim conservation strategy for the                 time the HCP was prepared, it was
                                               implemented under the WDNR HCP.                         marbled murrelet, which is currently                  determined that development of a LTCS
                                               DATES: To ensure consideration, please                  being implemented under the WDNR                      was not possible due to a lack of
                                               send your written comments by                           HCP.                                                  scientific information. For this reason,
                                               November 6, 2018.                                          The Service and WDNR have jointly                  the WDNR developed an interim
                                               ADDRESSES: To view the pertinent                        developed a RDEIS for the purpose of                  conservation strategy for the marbled
                                               documents for this proposal, request                    analyzing alternatives for the LTCS for               murrelet, which is currently being
                                               further information, or submit                          the marbled murrelet. The RDEIS                       implemented. The proposed
                                               comments, please use one of the                         analyses seven action alternatives and a              amendment to the WDNR HCP is the
                                               following methods, and note that your                   no action alternative. If approved, the               final step in the process for
                                               information request or comments are in                  amended ITP would authorize                           development of the LTCS.
                                               reference to FWS–R1–ES–2018–N106.                       incidental take of the marbled murrelet                  Briefly, the interim conservation
                                                  • Internet: You can view the RDEIS                   that would occur as a result of                       strategy for the marbled murrelet
                                               on the internet at www.fws.gov/                         implementation of the LTCS over the                   includes the following components:
                                               WWFWO/ or at www.dnr.wa.gov/long-                       remaining 50-year term of the WDNR                       (1) Identification of blocks of suitable
                                               term-conservation-strategy-marbled-                     HCP. The scope of the proposed                        marbled murrelet habitat on which
                                               murrelet.                                               amendment to the WDNR HCP and ITP,                    timber harvest would be deferred;
                                                  • Hard Copy: Contact one of the                      and thus of the RDEIS, is exclusively                    (2) Implementation of a habitat
                                               sources listed in FOR FURTHER                           limited to consideration of the LTCS for              relationship study using marbled
                                               INFORMATION CONTACT to request hard                     the marbled murrelet.                                 murrelet occupancy surveys to
                                               copies.                                                    In addition to this notice, the U.S.               determine the relative importance of
                                                  • Email: Comments may be submitted                   Environmental Protection Agency (EPA)                 forested habitats;
daltland on DSKBBV9HB2PROD with NOTICES




                                               electronically to WDNR at sepacenter@                   is also publishing a notice announcing                   (3) Based on the findings of the
                                               dnr.wa.gov. WDNR will transmit all                      the availability of the RDEIS, as required            habitat relationship study, identification
                                               comments received to the Service.                       under section 309 of the Clean Air Act                of the lowest quality habitat blocks to be
                                                  • U.S. Mail: Comments may also be                    (42 U.S.C. 7401 et seq.). The publication             made available for timber harvest (these
                                               submitted in writing to: Todd Welker,                   of EPA’s notice is the official start of the          areas were expected to contain about 5
                                               SEPA Center, Washington Department                      public comment period for the RDEIS                   percent of the marbled murrelet-
                                               of Natural Resources, P.O. Box 47001,                   (see EPA’s Role in the EIS Process).                  occupied sites on HCP-covered lands);


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                                                                           Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices                                           45459

                                                  (4) Implementation of surveys of                        However, under specified                           forest land designated for long-term
                                               higher quality habitat blocks identified                circumstances, the Service may issue                  conservation of the murrelet.
                                               by the habitat relationship study to                    permits that authorize take of federally              Alternatives also include a variety of
                                               determine marbled murrelet occupancy,                   listed species, provided the take is                  conservation measures proposed to
                                               and protection of murrelet-occupied                     incidental to, and not the purpose of, an             protect marbled murrelet habitat. The
                                               habitats, along with some unoccupied                    otherwise lawful activity. Regulations                alternatives also differ in the amount
                                               habitat; and                                            governing permits for endangered and                  and quality of marbled murrelet habitat
                                                  (5) Development of a LTCS for the                    threatened species are at 50 CFR 17.22                removed through timber harvest.
                                               marbled murrelet on WDNR lands.                         and 17.32, respectively. Section
                                                  A Federal Register notice of                                                                               EPA’s Role in the EIS Process
                                                                                                       10(a)(1)(B) of the ESA contains
                                               availability (81 FR 89135) for a draft                  provisions for issuing ITPs to non-                     The EPA is charged under section 309
                                               environmental impact statement (DEIS)                   Federal entities for the take of                      of the Clean Air Act to review all
                                               for the LTCS was published for a 90-day                 endangered and threatened species,                    Federal agencies’ EISs and to comment
                                               comment period on December 9, 2016.                     provided the following criteria are met:              on the adequacy and the acceptability of
                                               The 2016 DEIS did not specify a                            (1) The taking will be incidental;                 the environmental impacts of proposed
                                               preferred alternative. The public                          (2) The applicant will prepare a                   actions in the EISs. EPA also serves as
                                               comment period for the 2016 DEIS was                    conservation plan that, to the maximum                the repository (EIS database) for EISs
                                               90 days, and over 5,000 comments were                   extent practicable, identifies the steps              prepared by Federal agencies and
                                               received. In 2017, the WDNR selected a                  the applicant will take to minimize and               provides notice of their availability in
                                               preferred alternative with guidance from                mitigate the impact of such taking;                   the Federal Register. The EIS database
                                               the Washington Board of Natural                            (3) The applicant will ensure that                 provides information about EISs
                                               Resources, necessitating development of                 adequate funding for the plan will be                 prepared by Federal agencies, as well as
                                               an RDEIS. This alternative was                          provided;                                             EPA’s comments concerning the EISs.
                                               submitted in an application to the                         (4) The taking will not appreciably                All EISs are filed with EPA, which
                                               Service requesting a permit amendment                   reduce the likelihood of the survival                 publishes a notice of availability on
                                               in July 2018.                                           and recovery of the species in the wild;              Fridays in the Federal Register. For
                                                  This RDEIS differs from the 2016                     and                                                   more information, see https://
                                               DEIS in the following ways: (1) The                        (5) The applicant will carry out any               www.epa.gov/nepa. You may search for
                                               WDNR has developed and selected a                       other measures that the Service may                   EPA comments on EISs, along with EISs
                                               preferred WDNR alternative (alternative                 require as being necessary or                         themselves, at https://cdxnodengn.epa.
                                               H), which was not previously identified;                appropriate for the purposes of the plan.             gov/cdx-enepa-public/action/eis/search.
                                               (2) a new alternative (alternative G) has
                                               been included in response to specific                   National Environmental Policy Act                     Public Meetings
                                               public comments; (3) the WDNR forest                    Compliance
                                                                                                                                                                We will hold four public meetings
                                               estate model, or large data overlay                        The proposed amendment of the ITP                  during the public comment period, at
                                               model, has been rerun with WDNR-                        and the 1997 WDNR HCP to cover the                    the following locations in the State of
                                               identified corrections, resulting in                    LTCS for the marble murrelet is a                     Washington: Ballard, Burlington,
                                               different acreage outputs for all the                   Federal action that triggers the need for             Cathlamet, and Forks. The dates, times,
                                               alternatives; (4) the WDNR and the                      compliance with NEPA (42 U.S.C. 4321                  and specific locations of the meetings
                                               Service have identified separate purpose                et seq.). We and WDNR have jointly                    will be posted on the internet at https://
                                               and needs statements in Chapter 1; and                  developed the RDEIS for the purpose of                www.dnr.wa.gov/mmltcs. The public
                                               (5) the marbled murrelet population                     analyzing the environmental impacts of                meetings will be physically accessible to
                                               viability analysis has been rerun with                  different alternatives for the LTCS under             people with disabilities. Please direct
                                               modifications.                                          the HCP and ITP. The RDEIS analyzes                   requests for reasonable accommodations
                                                                                                       the DNR’s preferred alternative, six                  (e.g., auxiliary aids or sign language
                                               Endangered Species Act Compliance
                                                                                                       additional alternatives, and a no-action              interpretation) to one of the sources
                                                  Section 9 of the ESA prohibits take of               alternative, for a total of eight                     listed in FOR FURTHER INFORMATION
                                               fish and wildlife species listed as                     alternatives.                                         CONTACT, at least 7 working days prior
                                               endangered or threatened under section                     WDNR manages approximately 1.38                    to the date of the meeting you wish to
                                               4 of the ESA. Under the ESA, the term                   million acres within 55 miles of marine               attend.
                                               ‘‘take’’ means to harass, harm, pursue,                 waters, which is the known inland limit
                                               hunt, shoot, wound, kill, trap, capture,                of the nesting range for the marbled                  Public Comments
                                               or collect, or to attempt to engage in any              murrelet. The RDEIS analyzes                            You may submit your comments and
                                               such conduct (16 U.S.C. 1532(19)). The                  Alternative H as DNR’s preferred                      materials by one of the methods listed
                                               term ‘‘harm,’’ as defined in our                        alternative. The Service is not presently             in ADDRESSES. We will also accept
                                               regulations, includes significant habitat               identifying a preferred alternative, but              written comments at four public
                                               modification or degradation that results                will for the final environmental impact               meetings, to be announced. We
                                               in death or injury to listed species by                 statement (FEIS). The no-action                       specifically request information on the
                                               significantly impairing essential                       alternative involves continuation of the              following:
                                               behavioral patterns, including breeding,                interim conservation strategy for the                   1. Biological information on the
                                               feeding, or sheltering (50 CFR 17.3). The               marbled murrelet under the WDNR                       marbled murrelet in the terrestrial and
                                               term ‘‘harass’’ is defined in our                       HCP. The alternatives in the RDEIS are                marine environments;
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                                               regulations as intentional or negligent                 restricted to implementation within this                2. Cumulative effects on the
                                               actions that create the likelihood of                   area.                                                 environment that might influence the
                                               injury to listed species to such an extent                 The alternatives represent a range of              status of the marbled murrelet in the
                                               as to significantly disrupt normal                      approaches to long-term marbled                       ESA listed range;
                                               behavioral patterns, which include but                  murrelet habitat conservation on WDNR                   3. Resiliency of the alternatives in
                                               are not limited to breeding, feeding, or                lands. The alternatives differ in the                 providing current and future marbled
                                               sheltering (50 CFR 17.3).                               amount and location of WDNR-managed                   murrelet habitat in relation to climate


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                                               45460                       Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices

                                               change and future natural disturbance                   would comply with section 7 of the ESA                Please reference OMB Control Number
                                               events such as fire and windstorms;                     by conducting an intra-Service section 7              1028–0088 in the subject line of your
                                                 4. Adequacy of the distribution of                    consultation. We will use the results of              comments.
                                               marbled murrelet habitat within the                     this consultation, in combination with
                                               HCP covered area to provide for                                                                               FOR FURTHER INFORMATION CONTACT:      To
                                                                                                       the above findings, in our final analysis
                                               murrelet conservation over the                                                                                request additional information about
                                                                                                       to determine whether or not to approve
                                               remaining term of the HCP;                                                                                    this ICR, contact Darcy McPhee by email
                                                                                                       the proposed amendment of the WDNR
                                                 5. Other aspects of the human                                                                               at dmcphee@usgs.gov, or by telephone
                                                                                                       HCP and ITP. If the ESA section 10
                                               environment not already identified in                                                                         at 703–648–6973. You may also view
                                                                                                       issuance requirements are met, we will
                                               the DEIS that may be affected, pursuant                                                                       the ICR at http://www.reginfo.gov/
                                                                                                       approve the amendment of the ITP and
                                               to NEPA regulations in the Code of                                                                            public/do/PRAMain.
                                                                                                       HCP. We will issue a record of decision
                                               Federal Regulations (CFR) at 40 CFR                     and approve or deny the ITP and HCP                   SUPPLEMENTARY INFORMATION: We, the
                                               1506.6.                                                 amendment request by WDNR no sooner                   USGS, in accordance with the
                                                 Comments received from the 2016                       than 30 days after publication of the                 Paperwork Reduction Act of 1995,
                                               DEIS public comment period were used                    notice of availability of the FEIS.                   provide the general public and other
                                               to inform the RDEIS. Comments                                                                                 Federal agencies with an opportunity to
                                               received on the DEIS and this RDEIS                     Authority                                             comment on proposed, revised, and
                                               will be responded to in the FEIS. If you                  We provide this notice in accordance                continuing collections of information.
                                               submitted comments during the                           with the requirements of section 10(c) of             This helps us assess the impact of our
                                               comment period for the DEIS, you do                     the ESA and its implementing                          information collection requirements and
                                               not need to resubmit those comments.                    regulations (50 CFR 17.22 and 17.32)                  minimize the public’s reporting burden.
                                               Public Availability of Comments                         and NEPA and its implementing                         It also helps the public understand our
                                                                                                       regulations (40 CFR 1506.6).                          information collection requirements and
                                                  All comments and materials we                                                                              provide the requested data in the
                                               receive become part of the public record                Theresa E. Rabot,
                                                                                                                                                             desired format.
                                               associated with this action. Before                     Deputy Regional Director, Pacific Region, U.S.
                                                                                                                                                                A Federal Register notice with a 60-
                                               including your address, phone number,                   Fish and Wildlife Service.
                                                                                                                                                             day public comment period soliciting
                                               email address, or other personally                      [FR Doc. 2018–19298 Filed 9–6–18; 8:45 am]
                                                                                                                                                             comments on this collection of
                                               identifiable information in your                        BILLING CODE 4333–15–P
                                                                                                                                                             information was published on April 24,
                                               comments, you should be aware that
                                                                                                                                                             2018 (FR 2018–08458). No comments
                                               your entire comment—including your
                                                                                                                                                             were received.
                                               personally identifiable information—                    DEPARTMENT OF THE INTERIOR
                                               may be made publicly available at any                                                                            We are again soliciting comments on
                                               time. While you can ask us in your                      Geological Survey                                     the proposed ICR that is described
                                               comment to withhold your personally                                                                           below. We are especially interested in
                                                                                                       [GX18GC009PLSG00; OMB Control Number                  public comment addressing the
                                               identifiable information from public                    1028–0088]
                                               review, we cannot guarantee that we                                                                           following issues: (1) Is the collection
                                               will be able to do so. All submissions                  Agency Information Collection                         necessary to the proper functions of the
                                               from organizations or businesses, and                   Activities; Submission to the Office of               USGS; (2) will this information be
                                               from individuals identifying themselves                 Management and Budget for Review                      processed and used in a timely manner;
                                               as representatives or officials of                      and Approval; National Cooperative                    (3) is the estimate of burden accurate;
                                               organizations or businesses, will be                    Geologic Mapping Program (EDMAP                       (4) how might the USGS enhance the
                                               made available for public disclosure in                 and STATEMAP)                                         quality, utility, and clarity of the
                                               their entirety. Comments and materials                                                                        information to be collected; and (5) how
                                                                                                       AGENCY:   U.S. Geological Survey,                     might the USGS minimize the burden of
                                               we receive, as well as supporting
                                                                                                       Interior.                                             this collection on the respondents,
                                               documentation we use in preparing the
                                               FEIS, will be available for public                      ACTION: Notice of Information                         including through the use of
                                               inspection by appointment, during                       Collection; request for comment.                      information technology.
                                               normal business hours, at our                                                                                    Comments that you submit in
                                                                                                       SUMMARY:   In accordance with the                     response to this notice are a matter of
                                               Washington Fish and Wildlife Office                     Paperwork Reduction Act of 1995, we,
                                               (see ADDRESSES).                                                                                              public record. Before including your
                                                                                                       the U.S. Geological Survey (USGS) are                 address, phone number, email address,
                                               Next Steps                                              proposing to renew an information                     or other personal identifying
                                                                                                       collection.                                           information in your comment, you
                                                  The HCP amendment for the LTCS is
                                               intended to replace the interim                         DATES:  Interested persons are invited to             should be aware that your entire
                                               conservation strategy for the marbled                   submit comments on or before October                  comment—including your personal
                                               murrelet. We will evaluate that request,                9, 2018.                                              identifying information—may be made
                                               associated documents, and public                        ADDRESSES: Send written comments on                   publicly available at any time. While
                                               comments in reaching a final decision                   this information collection request (ICR)             you may ask us in your comment to
                                               on whether the application for a permit                 to the Office of Management and                       withhold your personal identifying
                                               amendment meets the requirements of                     Budget’s Desk Officer for the                         information from public review, we
                                               section 10 of the ESA. We will prepare                  Department of the Interior by email at                cannot guarantee that we will be able to
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                                               responses to public comments and                        OIRA_Submission@omb.eop.gov; or via                   do so.
                                               publish a notice of availability for the                facsimile to (202) 395–5806. Please                      Abstract: EDMAP is the educational
                                               FEIS. The FEIS will identify the WDNR                   provide a copy of your comments to                    component of the NCGMP that is
                                               preferred alternative for the amendment,                USGS, Information Collections                         intended to train the next generation of
                                               and also the Service’s preferred                        Clearance Officer, 12201 Sunrise Valley               geologic mappers. The primary objective
                                               alternative. We will also evaluate                      Drive, MS 159, Reston, VA 20192; or by                of the STATEMAP component of the
                                               whether the proposed permit action                      email to gs-info_collections@usgs.gov.                NCGMP is to establish the geologic


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Document Created: 2018-09-07 00:15:47
Document Modified: 2018-09-07 00:15:47
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; request for comments.
DatesTo ensure consideration, please send your written comments by November 6, 2018.
ContactPlease contact either of the following:
FR Citation83 FR 45458 

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