Notice is hereby given that NMFS issued an incidental take permit (ITP) to Pierce County Planning and Public Works (Pierce County), pursuant to the Endangered Species Act (ESA) ...
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Notice; issuance of incidental take permit.
SUMMARY:
Notice is hereby given that NMFS issued an incidental take permit (ITP) to Pierce County Planning and Public Works (Pierce County), pursuant to the Endangered Species Act (ESA) of 1973, as amended, for the incidental take of ESA-listed species in Pierce County, Washington. The ITP is issued for a duration of 30 years. The ITP application and Pierce County Planning and Public Works Flood Risk Reduction Structures Maintenance and Operations Habitat Conservation Plan (HCP) were submitted to NMFS pursuant to the ESA. NMFS also prepared a final environmental assessment (EA) and a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) associated with NMFS' issuance of the ITP for the HCP.
DATES:
The publication date for this action is September 9, 2026.
Steelhead (O. mykiss) threatened Puget Sound distinct population segment.
Non-ESA-Listed Species Covered by NMFS
Coho salmon (O. kisutch) Puget Sound/Strait of Georgia evolutionary significant unit.
ESA-Listed Species Covered by U.S. Fish and Wildlife Service (USFWS)
Bull trout (Salvelinus confluentus) threatened coastal recovery unit distinct population segment.
Non-ESA-listed Species Covered by USFWS
Pacific lamprey (Entosphenus tridentatus), distinct population segment;
River lamprey (Lampetra ayresii) distinct population segment;
Western brook lamprey (L. richardsoni) distinct population segment.
Hereafter, these seven species are collectively referred to as the “covered species.”
Background
Section 10(a)(1)(B) of the ESA, as amended (16 U.S.C. 1531et seq.), authorizes NMFS and the USFWS to issue ITPs to non-Federal parties for potential incidental take of endangered or threatened species as a result of covered activities. In support of its applications for such ITPs, Pierce County prepared an HCP that provides an assessment of impacts of its flood risk reduction structures maintenance and operations in and along the Puyallup, White, and Nisqually Rivers in Pierce County on the covered species; measures to monitor, minimize and mitigate for those impacts on those species; and procedures to account for unforeseen or extraordinary circumstances. NMFS received the ITP application and HCP in November 2024 from Pierce County, in accordance with the requirements of the ESA.
On July 23, 2025, NMFS published a notice of receipt and availability in the
Federal Register
(90 FR 34642) asking for public comments on the draft HCP and the associated draft NEPA EA. NMFS received two comment letters and responses to those comments were included in the final EA. The requested permit has been issued under the authority of the ESA on July 8, 2026. This ITP authorizes the incidental take of ESA-listed species set forth in the HCP over the 30-year permit term.
Authority
Section 9 of the ESA and Federal regulations prohibit the taking of a species listed as endangered or threatened. The ESA defines “take” to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. NMFS may issue permits, under limited circumstances, to take listed species incidental to, and not the purpose of, otherwise lawful activities. Section 10(a)(1)(B) of the ESA and implementing regulations provide for authorizing incidental take of listed species. NMFS regulations governing permits for threatened and endangered species are promulgated at 50 CFR 222.307.
Dated: September 3, 2026.
Jennifer Quan,
Regional Administrator, West Coast Region, National Marine Fisheries Service.
www.fisheries.noaa.gov/action/pierce-county-and-public-works-flood-risk-reduction-structures-maintenance-and-operations
16 U.S.C. 1531
50 CFR 222.307