Incidental Take Permit and Habitat Conservation Plan for PacifiCorp Klamath Hydroelectric Project Interim Operations, 14734-14735 [2012-6078]

Download as PDF 14734 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices Dated: March 5, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–6024 Filed 3–12–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee Public Meeting International Trade Administration, Department of Commerce. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). DATES: The meeting is scheduled for Thursday, April 27, 2012, at 9 a.m. Eastern Daylight Time (EDT). ADDRESSES: The meeting will be held in Room 4830 at the U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Avenue NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. Todd DeLelle, Office of Energy & Environmental Industries (OEEI), International Trade Administration, Room 4053, 1401 Constitution Avenue NW., Washington, DC 20230. (Phone: 202–482–4877; Fax: 202–482–5665; email: todd.delelle@trade.gov). This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482–5225 no less than one week prior to the meeting. SUPPLEMENTARY INFORMATION: The meeting will take place from 9 a.m. to 3:30 p.m. EDT. This meeting is open to the public and time will be permitted for public comment from 3:00–3:30 p.m. EDT. Written comments concerning ETTAC affairs are welcome any time before or after the meeting. Minutes will be available within 30 days of this meeting. Topics to be Considered: The agenda for the April 27, 2011 ETTAC meeting will include discussion of various issues and policies that affect environmental trade. These subjects will encompass the harmonization of global environmental regulations, standards, and certification programs; analysis of existing environmental goods and services data sources; trade liberalization negotiations; development mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:29 Mar 12, 2012 Jkt 226001 of trade promotion programs; and issues related to innovation in the environmental technology sector. Background: The ETTAC is mandated by Public Law 103–392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently re-chartered until October 2012. Edward A. O’Malley, Director, Office of Energy and Environmental Industries. [FR Doc. 2012–6016 Filed 3–12–12; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB058 Incidental Take Permit and Habitat Conservation Plan for PacifiCorp Klamath Hydroelectric Project Interim Operations National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of availability. AGENCY: This notice announces the availability of the Final Environmental Assessment (EA) on the application from PacifiCorp Energy (PacifiCorp or applicant) for an Incidental Take Permit (ITP) and Habitat Conservation Plan (HCP) for take of a threatened species in accordance with the Endangered Species Act of 1973, as amended (ESA). NMFS and PacifiCorp have also developed an implementing agreement (IA) which details how NMFS and PacifiCorp will work together to implement the HCP. This notice also announces that NMFS has made a decision to issue an ITP to PacifiCorp for the covered activities described in their HCP, and has authorized the incidental take of Southern Oregon/ Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) coho salmon (Oncorhynchus kisutch) as a result of operation and maintenance of its Klamath Hydroelectric Project (Project) in and near the Klamath River in Southern Oregon and Northern California, and implementation of the SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 HCP during a ten-year period. This notice is provided under National Environmental Policy Act (NEPA) regulations and NMFS ESA permit regulations to inform the public that the Final EA HCP, responses to public comments, and associated documents are available for review; and NMFS has made a decision to issue the ITP. FOR FURTHER INFORMATION CONTACT: For further information, or to receive a copy of the documents, please call Lisa Roberts, Fisheries Biologist, NMFS, at (707) 825–5178. SUPPLEMENTARY INFORMATION: Availability of Documents Copies of the Final EA, HCP, IA, and associated documents are available for public inspection during regular business hours at the Northern California National Marine Fisheries Office located at: 1655 Heindon Road, Arcata, CA 95521 (see FOR FURTHER INFORMATION CONTACT). The Final EA, HCP, and IA are also available electronically for review on the NMFS Southwest Region Web site at: https:// swr.nmfs.noaa.gov/nepa.htm. Background Section 9 of the Federal ESA prohibits the take of fish or wildlife species listed as endangered or threatened by either the FWS or NMFS (16 U.S.C. 1538). The ESA defines the term ‘‘take’’ as: ‘‘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)). NMFS has defined ‘‘harm’’ as an act which actually kills or injures fish or wildlife, and such acts may include ‘‘significant habitat modification or degradation which actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including breeding, spawning, rearing, migrating, feeding, or sheltering’’ (50 CFR 222.102). Pursuant to section 10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), NMFS may issue ITPs authorizing the take of listed species if, among other things, such taking is incidental to, and not the purpose of, otherwise lawful activities. To receive an ITP under the ESA, an applicant must prepare an HCP that specifies the following: (1) the impact which will likely result from the taking; (2) steps the applicant will take to minimize and mitigate the impacts; (3) funding available to implement the steps; (4) what alternative actions to the taking the applicant considered and the reasons why these alternatives were not used; and (5) any other measures NMFS may require as being necessary or appropriate for purposes of the HCP (16 E:\FR\FM\13MRN1.SGM 13MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices U.S.C. 1539(a)(2)(A)). To issue a permit, NMFS must find that: (1) the taking will be incidental; (2) the applicant will minimize and mitigate impacts of the taking to the maximum extent practicable; (3) the applicant will ensure adequate funding for the HCP; (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 meet other measures required by NMFS. Regulations governing issuance of NMFS-issued permits can be found at 50 CFR 222.301 through 307. The applicant requested an ITP from NMFS for the SONCC coho salmon ESU. The Final PacifiCorp HCP for the Project includes a series of conservation measures to minimize and mitigate the effects of operation of the Project on potential incidental take of SONCC ESU coho salmon during the 10-year permit term. In general, the Covered Activities under the ITP and HCP include the following: (1) Operate and maintain the spill gates at Link River dam for regulation and releases of flows from Link River dam for purposes of hydroelectric generation, (2) Operate and maintain the East Side and West Side canals, penstocks, turbines, and powerhouse facilities, (3) Operate and maintain Keno dam, spill gates, and fish ladder, (4) Regulate the water level upstream of Keno dam in accordance with the agreement with the U.S. Bureau of Reclamation (Reclamation) (per PacifiCorp’s existing Federal Energy Regulatory Commission (FERC) license) and for irrigation withdrawal activities, (5) Operate and maintain J.C. Boyle dam, fish bypass system, water conveyance system, (6) Maintain an instream flow release from the J.C. Boyle dam to the river of not less than 100 cfs (per PacifiCorp’s existing FERC license), (7) Regulate flows from J.C. Boyle dam and powerhouse during normal operations such that ramping rates of flow in the river do not exceed 9 inches per hour (as measured at the United States Geological Survey (USGS) gage located 0.5 mile downstream of the J.C. Boyle powerhouse) per PacifiCorp’s existing FERC license, (8) Operate and maintain Copco No. 1 and Copco No. 2 dams, water conveyance systems, turbines, and powerhouse facilities, (9) Operate and maintain Iron Gate dam (and associated appurtenances), penstocks, turbines, and powerhouse facilities, (10) Regulate releases from Iron Gate dam in accordance with NMFS’ biological opinion on Reclamation’s Klamath Project operations which identifies instream flow and ramping rate requirements (as VerDate Mar<15>2010 18:29 Mar 12, 2012 Jkt 226001 measured at the USGS gage located 0.5 mile downstream of Iron Gate dam), and (11) Regulate water levels at Keno, J.C. Boyle, Copco, and Iron Gate reservoirs. The stated biological goals of PacifiCorp’s HCP are to: (1) Offset biological effects of blocked habitat upstream of Iron Gate dam by enhancing the viability of the Upper Klamath coho salmon population, (2) Enhance coho salmon spawning habitat downstream of Iron Gate dam, (3) Improve instream flow conditions for coho salmon downstream of Iron Gate dam, (4) Improve water quality for coho salmon downstream of Iron Gate dam, (5) Reduce disease incidence and mortality in juvenile coho salmon downstream of Iron Gate dam, (6) Enhance migratory and rearing habitat for coho salmon in the Klamath River mainstem corridor, and (7) Enhance and expand rearing habitat for coho salmon in key tributaries. A Notice of Availability (NOA) of the draft environmental assessment, habitat conservation plan, implementing agreement, receipt of application for the ITP, and notice of a public meeting was published in the Federal Register on May 4, 2011 (76 FR 25307). The public review period occurred for 60 days, and no oral comments were received at a public meeting held in Redding, California on June 29, 2011. A total of eleven (11) individual comment letters were received by the July 5, 2011 public comment deadline. Two separate individual comment letters were received after the public comment deadline, and responses to concerns raised in these letters have been provided separately from the final environmental assessment. NMFS reviewed the comments received and identified 79 separate comments regarding either the Draft EA or the HCP. A response to each of the comments received during the public comment period is included in the Final EA. National Environmental Policy Act The proposed permit issuance triggered the need for compliance with NEPA and accordingly NMFS prepared a NEPA document. The Final EA analyzes the proposed action and one other alternative (No Action). Under the proposed action, NMFS would issue the ITP and PacifiCorp would implement its HCP within the Klamath River basin. Under the No Action Alternative, the requested ITP would not be issued, and PacifiCorp would not implement the HCP. NMFS is responsible for compliance under NEPA and is providing notice of the availability of the Final EA and is making available for PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 14735 public review the responses to comments on the Draft EA. Dated: March 6, 2012. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2012–6078 Filed 3–12–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB078 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council’s (Council) Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Thursday, March 29, 2012 at 8:30 a.m. ADDRESSES: The meeting will be held at the Providence Biltmore Hotel, 11 Dorrance Street, Providence, RI 02903; telephone: (401) 421–0700. Council Address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: SUMMARY: Agenda The Groundfish Committee will meet to continue development of two management actions. The Committee will continue development of an action to modify measures that apply to sectors. This discussion is expected to focus primarily on monitoring issues, including goals and objectives and possible funding mechanisms. The Committee may also discuss full retention of allocate groundfish species and other sector framework issues. The Committee will discuss an action to establish acceptable biological catches (ABCs) and annual catch limits (ACLs) for fishing years 2013 and 2014. As part of this discussion the Committee will receive a preliminary report on recently updated assessments and may discuss further the Council’s response to the E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14734-14735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6078]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB058


Incidental Take Permit and Habitat Conservation Plan for 
PacifiCorp Klamath Hydroelectric Project Interim Operations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of the Final 
Environmental Assessment (EA) on the application from PacifiCorp Energy 
(PacifiCorp or applicant) for an Incidental Take Permit (ITP) and 
Habitat Conservation Plan (HCP) for take of a threatened species in 
accordance with the Endangered Species Act of 1973, as amended (ESA). 
NMFS and PacifiCorp have also developed an implementing agreement (IA) 
which details how NMFS and PacifiCorp will work together to implement 
the HCP. This notice also announces that NMFS has made a decision to 
issue an ITP to PacifiCorp for the covered activities described in 
their HCP, and has authorized the incidental take of Southern Oregon/
Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) 
coho salmon (Oncorhynchus kisutch) as a result of operation and 
maintenance of its Klamath Hydroelectric Project (Project) in and near 
the Klamath River in Southern Oregon and Northern California, and 
implementation of the HCP during a ten-year period. This notice is 
provided under National Environmental Policy Act (NEPA) regulations and 
NMFS ESA permit regulations to inform the public that the Final EA HCP, 
responses to public comments, and associated documents are available 
for review; and NMFS has made a decision to issue the ITP.

FOR FURTHER INFORMATION CONTACT: For further information, or to receive 
a copy of the documents, please call Lisa Roberts, Fisheries Biologist, 
NMFS, at (707) 825-5178.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Copies of the Final EA, HCP, IA, and associated documents are 
available for public inspection during regular business hours at the 
Northern California National Marine Fisheries Office located at: 1655 
Heindon Road, Arcata, CA 95521 (see FOR FURTHER INFORMATION CONTACT). 
The Final EA, HCP, and IA are also available electronically for review 
on the NMFS Southwest Region Web site at: https://swr.nmfs.noaa.gov/nepa.htm.

Background

    Section 9 of the Federal ESA prohibits the take of fish or wildlife 
species listed as endangered or threatened by either the FWS or NMFS 
(16 U.S.C. 1538). The ESA defines the term ``take'' as: ``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)). NMFS has 
defined ``harm'' as an act which actually kills or injures fish or 
wildlife, and such acts may include ``significant habitat modification 
or degradation which actually kills or injures fish or wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, spawning, rearing, migrating, feeding, or sheltering'' (50 
CFR 222.102). Pursuant to section 10(a)(1)(B) of the ESA (16 U.S.C. 
1539(a)(1)(B)), NMFS may issue ITPs authorizing the take of listed 
species if, among other things, such taking is incidental to, and not 
the purpose of, otherwise lawful activities.
    To receive an ITP under the ESA, an applicant must prepare an HCP 
that specifies the following: (1) the impact which will likely result 
from the taking; (2) steps the applicant will take to minimize and 
mitigate the impacts; (3) funding available to implement the steps; (4) 
what alternative actions to the taking the applicant considered and the 
reasons why these alternatives were not used; and (5) any other 
measures NMFS may require as being necessary or appropriate for 
purposes of the HCP (16

[[Page 14735]]

U.S.C. 1539(a)(2)(A)). To issue a permit, NMFS must find that: (1) the 
taking will be incidental; (2) the applicant will minimize and mitigate 
impacts of the taking to the maximum extent practicable; (3) the 
applicant will ensure adequate funding for the HCP; (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 meet other measures 
required by NMFS. Regulations governing issuance of NMFS-issued permits 
can be found at 50 CFR 222.301 through 307.
    The applicant requested an ITP from NMFS for the SONCC coho salmon 
ESU. The Final PacifiCorp HCP for the Project includes a series of 
conservation measures to minimize and mitigate the effects of operation 
of the Project on potential incidental take of SONCC ESU coho salmon 
during the 10-year permit term. In general, the Covered Activities 
under the ITP and HCP include the following: (1) Operate and maintain 
the spill gates at Link River dam for regulation and releases of flows 
from Link River dam for purposes of hydroelectric generation, (2) 
Operate and maintain the East Side and West Side canals, penstocks, 
turbines, and powerhouse facilities, (3) Operate and maintain Keno dam, 
spill gates, and fish ladder, (4) Regulate the water level upstream of 
Keno dam in accordance with the agreement with the U.S. Bureau of 
Reclamation (Reclamation) (per PacifiCorp's existing Federal Energy 
Regulatory Commission (FERC) license) and for irrigation withdrawal 
activities, (5) Operate and maintain J.C. Boyle dam, fish bypass 
system, water conveyance system, (6) Maintain an instream flow release 
from the J.C. Boyle dam to the river of not less than 100 cfs (per 
PacifiCorp's existing FERC license), (7) Regulate flows from J.C. Boyle 
dam and powerhouse during normal operations such that ramping rates of 
flow in the river do not exceed 9 inches per hour (as measured at the 
United States Geological Survey (USGS) gage located 0.5 mile downstream 
of the J.C. Boyle powerhouse) per PacifiCorp's existing FERC license, 
(8) Operate and maintain Copco No. 1 and Copco No. 2 dams, water 
conveyance systems, turbines, and powerhouse facilities, (9) Operate 
and maintain Iron Gate dam (and associated appurtenances), penstocks, 
turbines, and powerhouse facilities, (10) Regulate releases from Iron 
Gate dam in accordance with NMFS' biological opinion on Reclamation's 
Klamath Project operations which identifies instream flow and ramping 
rate requirements (as measured at the USGS gage located 0.5 mile 
downstream of Iron Gate dam), and (11) Regulate water levels at Keno, 
J.C. Boyle, Copco, and Iron Gate reservoirs.
    The stated biological goals of PacifiCorp's HCP are to: (1) Offset 
biological effects of blocked habitat upstream of Iron Gate dam by 
enhancing the viability of the Upper Klamath coho salmon population, 
(2) Enhance coho salmon spawning habitat downstream of Iron Gate dam, 
(3) Improve instream flow conditions for coho salmon downstream of Iron 
Gate dam, (4) Improve water quality for coho salmon downstream of Iron 
Gate dam, (5) Reduce disease incidence and mortality in juvenile coho 
salmon downstream of Iron Gate dam, (6) Enhance migratory and rearing 
habitat for coho salmon in the Klamath River mainstem corridor, and (7) 
Enhance and expand rearing habitat for coho salmon in key tributaries.
    A Notice of Availability (NOA) of the draft environmental 
assessment, habitat conservation plan, implementing agreement, receipt 
of application for the ITP, and notice of a public meeting was 
published in the Federal Register on May 4, 2011 (76 FR 25307). The 
public review period occurred for 60 days, and no oral comments were 
received at a public meeting held in Redding, California on June 29, 
2011. A total of eleven (11) individual comment letters were received 
by the July 5, 2011 public comment deadline. Two separate individual 
comment letters were received after the public comment deadline, and 
responses to concerns raised in these letters have been provided 
separately from the final environmental assessment. NMFS reviewed the 
comments received and identified 79 separate comments regarding either 
the Draft EA or the HCP. A response to each of the comments received 
during the public comment period is included in the Final EA.

National Environmental Policy Act

    The proposed permit issuance triggered the need for compliance with 
NEPA and accordingly NMFS prepared a NEPA document. The Final EA 
analyzes the proposed action and one other alternative (No Action). 
Under the proposed action, NMFS would issue the ITP and PacifiCorp 
would implement its HCP within the Klamath River basin. Under the No 
Action Alternative, the requested ITP would not be issued, and 
PacifiCorp would not implement the HCP. NMFS is responsible for 
compliance under NEPA and is providing notice of the availability of 
the Final EA and is making available for public review the responses to 
comments on the Draft EA.

    Dated: March 6, 2012.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2012-6078 Filed 3-12-12; 8:45 am]
BILLING CODE 3510-22-P
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