SUPPLEMENTARY INFORMATION:

We, the U.S. Fish and Wildlife Service (FWS), have received an incidental take permit (ITP) application from the Oregon Department of Forestry (ODF), associated with the Western Oregon State Forests habitat conservation plan (HCP), pursuant to the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). If granted, the ITP would authorize the incidental take of the species included in the HCP, resulting from the activities and conservation activities carried out as part of the HCP conservation strategy. ( printed page 24192) The National Marine Fisheries Service (NMFS) also received an ITP application associated with the same HCP, and on March 18, 2022, published (87 FR 15383) a notice of the availability inviting comment on the ITP applications, the HCP, and a draft environmental impact statement (Draft EIS) analyzing the potential effects of issuance of the respective ITPs by NMFS and FWS. NMFS is the lead Federal agency under the National Environmental Policy Act of 1969, as amended (NEPA), for this draft EIS.

At this time, FWS issues this additional Federal Register notice to confirm that (a) FWS has received the ODF ITP application and HCP regarding species under FWS's jurisdiction, and (b) FWS is inviting public comment on FWS's consideration of the ITP and HCP, in conformance with ESA section 10(c), through the same comment period process contained in the above-referenced NMFS notice (87 FR 15383).

ESA-Listed Species Under FWS Jurisdiction Included in the HCP

Northern spotted owl (Strix occidentalis): Threatened

Marbled murrelet (Brachyramphus marmoratus): Threatened

Coastal marten (Martes caurina): Threatened coastal distinct population segment (DPS)

Non-ESA-Listed Species Addressed by the FWS Included in the HCP

Oregon slender salamander (Batrachoseps wrighti)

Columbia torrent salamander (Rhyacotriton kezeri)

Cascade torrent salamander (Rhyacotriton cascadae)

Red tree vole (Arborimus longicaudus)

Species included in the HCP addressed by NMFS are identified in the NMFS notice of availability (87 FR 15383).

Background

Section 9 of the ESA and its Federal regulations prohibit the taking of a species listed as endangered or threatened. The ESA defines “take” to mean to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. FWS may issue permits, under limited circumstances, to take listed species incidental to, and not the purpose of, otherwise lawful activities pursuant to section 10(a)(1)(B) of the ESA and its implementing regulations (50 CFR 17.22(b) and 17.32(b)). On February 9, 2020, NMFS and FWS received separate applications from ODF for ITPs to authorize take of the above-mentioned species that may occur incidental to ODF's forest and recreation management activities. These activities are identified in the NMFS notice of availability (87 FR 15383). The ITP applications and HCP also include non-listed species; take coverage would become effective for these species if and when they become listed during the permit term. The HCP specifies the impacts that will likely result from the taking of the species and describes the steps that ODF will take to minimize and mitigate such impacts.

The proposed issuance of the ITPs is considered a Federal action under NEPA, and NMFS determined that preparation of an EIS to analyze the potential impacts on the human environment was appropriate. A Draft EIS was prepared by NMFS in accordance with the requirements of NEPA (42 U.S.C. 4321 et seq.), with input from FWS as a cooperating agency. Further information regarding the Draft EIS is described in the NMFS notice of availability (87 FR 15383).

In regard to the ITP application to the FWS and the supporting HCP, and as noted in the NMFS notice of availability, we specifically request information on the following:

1. Biological information, analysis, and relevant data concerning the covered species under FWS jurisdiction, other wildlife, and ecosystems.

2. Potential effects that the proposed permit actions could have on the covered species under FWS jurisdiction, and other endangered or threatened species, and their habitats, including the interaction of the effects of the project with climate change and other stressors.

3. Adequacy of the proposed action to minimize and mitigate the impact of the taking on covered species.

4. Other information relevant to the HCP.

FWS and NMFS (the Services) will each make their permit decisions based on the statutory and regulatory criteria of the ESA. Their decisions will also be informed by the data, analyses, and findings in the EIS and public comments received on the Draft EIS and HCP accompanying the ITP applications. The Services will each document their determinations independently in an ESA section 10 findings document, ESA section 7 biological opinion, and NEPA Record of Decision (ROD) developed at the conclusion of the ESA and NEPA compliance processes. If the Services find that all requirements for issuance of the ITPs are met, they will issue the requested permits, subject to terms and conditions deemed necessary or appropriate to carry out the purposes of ESA section 10.

Authority

Section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 and 50 CFR 17.32).

87 FR 24191