Draft Environmental Impact Statement; Amendment to the 1997 Washington State Department of Natural Resources Habitat Conservation Plan and Incidental Take Permit for the Long-Term Conservation Strategy for the Marbled Murrelet, 89135-89138 [2016-29062]
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
mitigation than proposed in its ETP
applications. We are considering
mitigation of older wind facilities, lead
abatement, carcass removal, carcass
avoidance, wind conservation
easements, habitat enhancement
(focusing on prey habitat), and
rehabilitation of injured eagles as
possible alternative forms of
compensatory mitigation.
Alternative 3: Issue ETPs for Phase I
of Sierra Madre Wind Development
Area Only. The Service received
numerous comments during the scoping
process requesting that we examine a
different development scenario from
that proposed by PCW. However, to
issue an ETP, we must analyze a
specific project and ECP to determine if
it meets the requirements for an ETP.
Alternative 3 represents an example of
a different development scenario PCW
could present in a new application if the
Service were to determine that the
Phase I CCSM Project would meet all
the criteria for issuing an ETP, but not
at the scale proposed. Alternative 3 is
for the Service to issue ETPs for the
construction of Phase I infrastructure
and the construction and operation of
wind turbines only in the Sierra Madre
Wind Development Area (WDA) (298
turbines total). This alternative includes
avoidance and minimization measures,
best management practices, and
compensatory mitigation described in
PCW’s application as they apply to the
Sierra Madre WDA.
Alternative 4: No Action. Under
Alternative 4, the Service would deny
PCW standard and programmatic ETPs
for construction and operation of the
Phase I CCSM Project. In addition to
being a potential outcome of the permit
review process, analysis of the No
Action alternative is required by CEQ
regulation (40 CFR 1502.14) and
provides a baseline against which to
compare the environmental impacts of
the proposed action and other
reasonable alternatives. ETPs are not
required in order for PCW to construct
and operate the project; therefore, if we
deny the ETPs, PCW may choose to
construct and operate the Phase I CCSM
Project without ETPs and without
adhering to an ECP. Alternative 4
analyzes both a ‘‘No Build’’ scenario
and a ‘‘Build Without ETPs’’ scenario.
This final EIS further incorporates
information received during the public
comment period for the draft EIS, and
finalizes the analyses and conclusions
in the document.
National Environmental Policy Act
Compliance
Our decision on whether to issue
standard and programmatic ETPs to
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PCW triggers compliance with NEPA.
NEPA requires the Service to analyze
the direct, indirect, and cumulative
impacts of the CCSM Phase I project
before we make our decision, and to
make our analysis available to the
public. We have prepared the final EIS
to inform the public of our proposed
permit action, alternatives to that action,
the environmental impacts of the
alternatives, and measures to minimize
adverse environmental effects.
Public Availability of Submissions
Before including your address, phone
number, email address, or other
personal identifying information in your
correspondence, you should be aware
that your entire correspondence—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us to withhold your personal identifying
information for public review, we
cannot guarantee that we will be able to
do so.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the offices where the comments
are being submitted.
Authorities
This notice is published in
accordance with the National
Environmental Policy Act of 1969; the
CEQ’s regulations for implementing
NEPA, 40 CFR parts 1500 through 1508;
and the Department of the Interior’s
NEPA regulations, 43 CFR part 46.
Stephen A. Smith,
Acting Regional Director, Mountain-Prairie
Region
[FR Doc. 2016–29333 Filed 12–8–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2016–N170;
FXES11120100000–167–FF01E00000]
Draft Environmental Impact Statement;
Amendment to the 1997 Washington
State Department of Natural Resources
Habitat Conservation Plan and
Incidental Take Permit for the LongTerm Conservation Strategy for the
Marbled Murrelet
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
With the Washington State
Department of Natural Resources
(WDNR), we, the U.S. Fish and Wildlife
SUMMARY:
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89135
Service (Service), have jointly
developed a draft environmental impact
statement (DEIS) addressing an
amendment to the 1997 WDNR Habitat
Conservation Plan (HCP) to cover
implementation of a long-term
conservation strategy (LTCS) for the
marbled murrelet. The DEIS also
addresses an amendment to the
Endangered Species Act (ESA) section
10 incidental take permit (ITP) for the
WDNR HCP to cover implementation of
the LTCS. The DEIS is intended to
satisfy the requirements of both the
National Environmental Policy Act
(NEPA) and the Washington State
Environmental Policy Act (SEPA). We
request comments on these documents.
DATES: To ensure consideration, please
send your written comments by March
9, 2017.
Public Meetings and Webinar: Four
public meetings will be held to solicit
public comments on the DEIS. For
locations, dates and times of the public
meetings and webinar, see Public
Meetings and Webinar under
SUPPLEMENTARY INFORMATION.
ADDRESSES: To view documents, 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 the DEIS addressing an
amendment to the 1997 WDNR HCP and
ITP to cover implementation of a
marbled murrelet LTCS:
Viewing Documents:
• Internet: You can view the DEIS on
the Internet at www.fws.gov/WWFWO/
or www.dnr.wa.gov/non-project-actions.
• Hard Copies: There are limited
numbers of hard copies of the DEIS
available for distribution (see FOR
FURTHER INFORMATION CONTACT).
• Comments and materials we
receive, as well as supporting
documentation we use in preparing the
DEIS, will be available for public
inspection by appointment, during
normal business hours, at our
Washington Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Submitting Comments:
• 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 be
submitted in writing to Lily Smith,
SEPA Responsible Official, Washington
Department of Natural Resources, SEPA
Center, P.O. Box 47001, Olympia, WA
98504–7015. WDNR will transmit all
comments received to the Service.
FOR FURTHER INFORMATION CONTACT:
Mark Ostwald, U.S. Fish and Wildlife
Service, by telephone at (360) 753–9564,
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by email at Mark_Ostwald@fws.gov, or
by U.S. mail at U.S. Fish and Wildlife
Service, Washington Fish and Wildlife
Office, 510 Desmond Dr., Suite 102,
Lacey, WA 98503. Alternatively, contact
the SEPA Center, WDNR, by telephone
at (360) 902–2117, or by email at
sepacenter@dnr.wa.gov.
SUPPLEMENTARY INFORMATION: With the
WDNR, we, the U.S. Fish and Wildlife
Service (Service), have jointly
developed a draft environmental impact
statement (DEIS) addressing an
amendment to the 1997 WDNR Habitat
Conservation Plan (HCP) to cover
implementation of a long-term
conservation strategy (LTCS) for the
marbled murrelet (Brachyamphus
marmoratus). The DEIS also addresses
an amendment to the Endangered
Species Act ESA) section 10 incidental
take permit (ITP) for the WDNR HCP to
cover implementation of the LTCS. The
DEIS is intended to satisfy the
requirements of both the National
Environmental Policy Act (NEPA) and
the Washington State Environmental
Policy Act (SEPA). If approved, the
proposed LTCS will replace an interim
conservation strategy for the marbled
murrelet, which is currently being
implemented under the WDNR HCP. It
is anticipated that one of the
alternatives described in the DEIS will
form the basis of the LTCS. The scope
of the proposed amendment to the
WDNR HCP and ITP, and the DEIS, are
exclusively limited to consideration of
the LTCS.
In addition to this notice of
availability of the DEIS that the Service
is publishing, the U.S. Environmental
Protection Agency (EPA) is publishing a
notice announcing the DEIS, 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
minimum requirement for the public
comment period for an EIS (see EPA’s
Role in the EIS Process).
The Service and WDNR have jointly
developed a DEIS for the purpose of
analyzing alternatives for the LTCS for
the marbled murrelet, a seabird that was
listed as threatened under the ESA in
1992. The DEIS analyses five action
alternatives and a no action alternative.
The DEIS does not identify a preferred
alternative. The no action alternative
involves continuation of the interim
conservation strategy for the marbled
murrelet under the WDNR HCP. If
approved, the amended ITP would
authorize incidental take of the marbled
murrelet that may occur as a result of
implementation of the LTCS over the
remaining 50-year term of the WDNR
HCP.
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Background
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
DEIS, dated March 1996, that was
jointly developed by the Service,
National Marine Fisheries Service, and
the WDNR to address the issuance of
ITPs for the HCP, was announced in the
Federal Register on April 5, 1996 (61 FR
15297). The 1996 DEIS 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 (PRT No. 812521) for the WDNR
HCP. 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).
Interim Conservation Strategy
The WDNR HCP (see
www.dnr.wa.gov/programs-andservices/forest-resources/habitatconservation-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 of 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, in the poorest quality habitats,
were expected to contain about 5
percent of the marbled murreletoccupied sites on HCP-covered lands);
(4) Implementation of surveys of
higher quality habitat blocks identified
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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.
To inform the development of the
DEIS addressing the amendment of the
WDNR HCP and ITP to cover a LTCS for
the marbled murrelet, we conducted
four public scoping meetings in 2012
(77 FR 23743). In 2013, the WDNR, for
the purposes of SEPA, conducted four
additional public meetings to provide
more opportunity for comment on the
conceptual alternatives. Service staff
attended all of the 2012 and 2013 public
meetings. We received substantial
public comments during public scoping.
These comments were considered in the
development of the DEIS.
Endangered Species Act Section 9
Requirements
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 nonFederal 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;
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(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
WDNR ITP and the 1997 WDNR HCP to
cover a marbled murrelet LTCS 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 DEIS for the purpose of
analyzing the environmental impacts of
implementing alternatives for the
marbled murrelet LTCS under the HCP
and ITP. Five action alternatives and a
no-action alternative are analyzed in the
DEIS. The DEIS does not identify a
preferred alternative. WDNR manages
approximately 1.3 million acres within
55 miles of marine waters, which is the
known inland limit of the nesting range
for the marbled murrelet. The
alternatives in the DEIS are restricted to
implementation within this area. To
appreciate the details of the alternatives,
it is necessary to review the DEIS (see
ADDRESSES for access to the DEIS).
However, each of the alternatives in the
DEIS is briefly summarized below.
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, and 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.
The acres of forest land proposed for
continued conservation under the
alternatives for an amended WDNR HCP
include those lands already protected as
long-term forest cover by WDNR, such
as old-growth forests, high-quality
spotted owl habitat, riparian areas,
natural areas, and other conservation
commitments included in the 1997 HCP
and in WDNR’s Policy for Sustainable
Forests. These areas provide
conservation benefits to the marbled
murrelet, either by supplying current
and/or future nesting habitat or by
providing security to that habitat from
predation, disturbance, and other
threats. The alternatives also designate
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additional forestlands with specific
importance for marbled murrelet
conservation, and these are referred to
as Special Habitat Areas, Emphasis
Areas, or Marbled Murrelet Management
Areas, depending on the alternative and
conservation approach. All of
alternatives considered in the DEIS
protect known marbled murrelet nest
sites.
Alternative A is the no-action
alternative and it continues the interim
conservation strategy for the marbled
murrelet. Alternative B primarily relies
on protecting occupied marbled
murrelet sites without additional
conservation approaches. Alternatives
C, D, E, and F focus new conservation
in important areas for the marbled
murrelet, protecting more habitat in
these areas than is protected under the
no action alternative. Each alternative
designates a different amount of land for
conservation of the marbled murrelet.
Alternative F protects the most habitat
for the murrelet within the analysis
area.
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/compliance/nepa/
eisdata.html. You may search for EPA
comments on EISs, along with EISs
themselves, at https://cdxnodengn.epa.
gov/cdx-enepa-public/action/eis/search.
Public Comments and Webinar
The Service and WDNR are
committed to providing access to these
meetings for all participants. The public
meetings are physically accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Brian G. Bailey, Outreach Manager,
Legislative Session Coordinator,
Washington State Department of Natural
Resources, at 360–902–1715, and Mark
Ostwald, U.S. Fish and Wildlife Service,
at 360–753–9564. To allow sufficient
time to process requests, please call at
least 7 working days prior to the public
meeting dates.
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Four public meetings will be held to
provide an overview of the DEIS and an
opportunity for public comment. The
public meeting dates, times, and
locations are:
• Tuesday, January 10, 2017, 6 p.m.
to 8 p.m., WDNR, Northwest Region
Office, NW Conference Center, 919 N
Township Street, Sedro Woolley, WA
98284.
• Thursday, January 12, 2017, 6 p.m.
to 8 p.m., Whitman Middle School
Auditorium, 9201 15th Avenue NW.,
Seattle, WA 98117.
• Tuesday, January 17, 2017, 6 p.m.
to 8 p.m., Port Angeles High School,
Commons-Lunch Room, 304 E Park
Avenue, Port Angeles, WA 98362.
• Thursday, January 19, 2017, 6 p.m.
to 8 p.m., Julius A. Wendt Elementary
School, Multi-purpose Room, 265 S 3rd
Street, Cathlamet, WA 98612.
Public Webinar Information: A public
webinar will provide an overview of the
DEIS. The public webinar date, time,
and link are:
• Tuesday, January 24, 2017, 2 p.m.
to 3 p.m., the link for accessing the
webinar will be available at
www.dnr.wa.gov/mmltcs.
Public Comments
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. We
specifically request information, views,
and opinions from the public on the
alternatives for the marbled murrelet
LTCS and identification of any 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.
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
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FEIS, will be available for public
inspection by appointment, during
normal business hours, at our
Washington Fish and Wildlife Office
(see ADDRESSES).
Next Steps
We expect to receive a permit
application from WDNR requesting an
amendment of their ITP and HCP to
cover the LTCS for the marbled
murrelet. It is anticipated that one of the
alternatives analyzed in the DEIS will
form the basis of the LTCS that would
be implemented under the HCP. An
interim conservation strategy for the
marbled murrelet is currently being
implemented under the HCP. 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 preferred alternative for
the LTCS for the marbled murrelet and
analyze its impact on the human
environment. 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
ITP and HCP. 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
EPA’s 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 Rabot,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2016–29062 Filed 12–8–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–NWRS–2016–N192;
FXRS12610800000–178–FF08R00000]
Lower Klamath, Clear Lake, Tule Lake,
Upper Klamath, and Bear Valley
National Wildlife Refuges, Klamath
County, OR; Siskiyou and Modoc
Counties, CA: Final Comprehensive
Conservation Plan/Environmental
Impact Statement
AGENCY:
ACTION:
Notice of availability.
We, the Fish and Wildlife
Service (Service), announce the
availability of a final comprehensive
conservation plan (CCP) and
environmental impact statement (EIS)
for Lower Klamath, Clear Lake, Tule
Lake, Upper Klamath, and Bear Valley
National Wildlife Refuges (Refuges). The
Refuges are part of the Klamath Basin
Complex. The final CCP/EIS, prepared
under the National Wildlife Refuge
Improvement Act of 1997, and in
accordance with the National
Environmental Policy Act of 1969,
describes how the Service proposes to
manage the refuges for the next 15 years.
Final compatibility determinations for
uses proposed under the preferred
alternative are also included as an
appendix.
SUMMARY:
Document Availability: You
may obtain copies of the documents in
the following places:
• Internet: https://www.fws.gov/
refuge/Tule_Lake/what_we_do/
conservation.html.
• In Person:
Æ Klamath Refuge Basin National
Wildlife Refuge Complex Headquarters,
4009 Hill Road, Tulelake, CA 96134.
Æ The following libraries:
ADDRESSES:
Fish and Wildlife Service,
Interior.
Library
Address
Klamath County Main ..............................
Keno Branch ............................................
Malin Branch ............................................
Merrill Branch ..........................................
S. Suburban Branch ................................
Tulelake Branch .......................................
Butte Valley Branch .................................
Redding ...................................................
Multnomah Co. Central ...........................
Sacramento Public Central Branch .........
Medford ....................................................
126 South Third Street, Klamath Falls, OR 97601 ...................................................
15555 Hwy 66, #1, Keno, OR 97627 ........................................................................
2307 Front Street, Malin, OR 97632 .........................................................................
365 Front Street, Merrill, OR 97633 ..........................................................................
3625 Summers Lane, Klamath Falls, OR 97603 ......................................................
451 Main Street, Tulelake, CA 96134 .......................................................................
800 West Third Street, Dorris, CA 96023 .................................................................
1100 Parkview Ave., Redding, CA 96001 .................................................................
801 SW 10th Ave, Portland, OR 97205 ....................................................................
828 I St., Sacramento, CA 95814 .............................................................................
205 S. Central Ave, Medford, OR 95701 ..................................................................
EPA’s Role in the EIS Process
FOR FURTHER INFORMATION CONTACT:
Klamath Refuge Planner, (916) 414–
6464 (phone).
We
publish this notice to announce the
availability of the final CCP/EIS for the
Klamath Basin Refuges. The final CCP/
EIS, which we prepared in accordance
with the National Environmental Policy
Act of 1969 (NEPA), describes and
analyzes a range of management
alternatives for the Klamath Basin
Refuges.
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SUPPLEMENTARY INFORMATION:
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The EPA is charged under section 309
of the CAA (42 U.S.C. 7401 et seq.) to
review all Federal agencies’
environmental impact statement (EISs)
and to comment on the adequacy and
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
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Phone No.
(541)
(541)
(541)
(541)
(541)
(530)
(530)
(530)
(530)
(916)
(541)
882–8894
273–0750
723–5210
798–5393
273–3679
667–2291
397–4932
245–7250
988–5123
264–2700
774–8689
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.
The notice of availability is the start
of the 30-day ‘‘wait period’’ for final
EISs, during which agencies are
generally required to wait 30 days
before making a decision on a proposed
action. For more information, see https://
www.epa.gov/compliance/nepa/
eisdata.html. You may search for EPA
comments on EISs, along with the EISs
themselves, at https://
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89135-89138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29062]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2016-N170; FXES11120100000-167-FF01E00000]
Draft Environmental Impact Statement; Amendment to the 1997
Washington State Department of Natural Resources Habitat Conservation
Plan and Incidental Take Permit for the Long-Term Conservation Strategy
for the Marbled Murrelet
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: With the Washington State Department of Natural Resources
(WDNR), we, the U.S. Fish and Wildlife Service (Service), have jointly
developed a draft environmental impact statement (DEIS) addressing an
amendment to the 1997 WDNR Habitat Conservation Plan (HCP) to cover
implementation of a long-term conservation strategy (LTCS) for the
marbled murrelet. The DEIS also addresses an amendment to the
Endangered Species Act (ESA) section 10 incidental take permit (ITP)
for the WDNR HCP to cover implementation of the LTCS. The DEIS is
intended to satisfy the requirements of both the National Environmental
Policy Act (NEPA) and the Washington State Environmental Policy Act
(SEPA). We request comments on these documents.
DATES: To ensure consideration, please send your written comments by
March 9, 2017.
Public Meetings and Webinar: Four public meetings will be held to
solicit public comments on the DEIS. For locations, dates and times of
the public meetings and webinar, see Public Meetings and Webinar under
SUPPLEMENTARY INFORMATION.
ADDRESSES: To view documents, 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 the DEIS addressing
an amendment to the 1997 WDNR HCP and ITP to cover implementation of a
marbled murrelet LTCS:
Viewing Documents:
Internet: You can view the DEIS on the Internet at
www.fws.gov/WWFWO/ or www.dnr.wa.gov/non-project-actions.
Hard Copies: There are limited numbers of hard copies of
the DEIS available for distribution (see FOR FURTHER INFORMATION
CONTACT).
Comments and materials we receive, as well as supporting
documentation we use in preparing the DEIS, will be available for
public inspection by appointment, during normal business hours, at our
Washington Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Submitting Comments:
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 be submitted in writing to Lily
Smith, SEPA Responsible Official, Washington Department of Natural
Resources, SEPA Center, P.O. Box 47001, Olympia, WA 98504-7015. WDNR
will transmit all comments received to the Service.
FOR FURTHER INFORMATION CONTACT: Mark Ostwald, U.S. Fish and Wildlife
Service, by telephone at (360) 753-9564,
[[Page 89136]]
by email at Mark_Ostwald@fws.gov, or by U.S. mail at U.S. Fish and
Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond Dr.,
Suite 102, Lacey, WA 98503. Alternatively, contact the SEPA Center,
WDNR, by telephone at (360) 902-2117, or by email at
sepacenter@dnr.wa.gov.
SUPPLEMENTARY INFORMATION: With the WDNR, we, the U.S. Fish and
Wildlife Service (Service), have jointly developed a draft
environmental impact statement (DEIS) addressing an amendment to the
1997 WDNR Habitat Conservation Plan (HCP) to cover implementation of a
long-term conservation strategy (LTCS) for the marbled murrelet
(Brachyamphus marmoratus). The DEIS also addresses an amendment to the
Endangered Species Act ESA) section 10 incidental take permit (ITP) for
the WDNR HCP to cover implementation of the LTCS. The DEIS is intended
to satisfy the requirements of both the National Environmental Policy
Act (NEPA) and the Washington State Environmental Policy Act (SEPA). If
approved, the proposed LTCS will replace an interim conservation
strategy for the marbled murrelet, which is currently being implemented
under the WDNR HCP. It is anticipated that one of the alternatives
described in the DEIS will form the basis of the LTCS. The scope of the
proposed amendment to the WDNR HCP and ITP, and the DEIS, are
exclusively limited to consideration of the LTCS.
In addition to this notice of availability of the DEIS that the
Service is publishing, the U.S. Environmental Protection Agency (EPA)
is publishing a notice announcing the DEIS, 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 minimum requirement for the
public comment period for an EIS (see EPA's Role in the EIS Process).
The Service and WDNR have jointly developed a DEIS for the purpose
of analyzing alternatives for the LTCS for the marbled murrelet, a
seabird that was listed as threatened under the ESA in 1992. The DEIS
analyses five action alternatives and a no action alternative. The DEIS
does not identify a preferred alternative. The no action alternative
involves continuation of the interim conservation strategy for the
marbled murrelet under the WDNR HCP. If approved, the amended ITP would
authorize incidental take of the marbled murrelet that may occur as a
result of implementation of the LTCS over the remaining 50-year term of
the WDNR HCP.
Background
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 DEIS, dated March 1996, that was jointly
developed by the Service, National Marine Fisheries Service, and the
WDNR to address the issuance of ITPs for the HCP, was announced in the
Federal Register on April 5, 1996 (61 FR 15297). The 1996 DEIS 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 (PRT No. 812521) for the WDNR HCP.
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).
Interim Conservation Strategy
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 of 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, in the poorest quality
habitats, were expected to contain about 5 percent of the marbled
murrelet-occupied sites on HCP-covered lands);
(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.
To inform the development of the DEIS addressing the amendment of
the WDNR HCP and ITP to cover a LTCS for the marbled murrelet, we
conducted four public scoping meetings in 2012 (77 FR 23743). In 2013,
the WDNR, for the purposes of SEPA, conducted four additional public
meetings to provide more opportunity for comment on the conceptual
alternatives. Service staff attended all of the 2012 and 2013 public
meetings. We received substantial public comments during public
scoping. These comments were considered in the development of the DEIS.
Endangered Species Act Section 9 Requirements
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;
[[Page 89137]]
(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 WDNR ITP and the 1997 WDNR HCP to
cover a marbled murrelet LTCS 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 DEIS for the purpose of analyzing the
environmental impacts of implementing alternatives for the marbled
murrelet LTCS under the HCP and ITP. Five action alternatives and a no-
action alternative are analyzed in the DEIS. The DEIS does not identify
a preferred alternative. WDNR manages approximately 1.3 million acres
within 55 miles of marine waters, which is the known inland limit of
the nesting range for the marbled murrelet. The alternatives in the
DEIS are restricted to implementation within this area. To appreciate
the details of the alternatives, it is necessary to review the DEIS
(see ADDRESSES for access to the DEIS). However, each of the
alternatives in the DEIS is briefly summarized below.
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, and 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.
The acres of forest land proposed for continued conservation under
the alternatives for an amended WDNR HCP include those lands already
protected as long-term forest cover by WDNR, such as old-growth
forests, high-quality spotted owl habitat, riparian areas, natural
areas, and other conservation commitments included in the 1997 HCP and
in WDNR's Policy for Sustainable Forests. These areas provide
conservation benefits to the marbled murrelet, either by supplying
current and/or future nesting habitat or by providing security to that
habitat from predation, disturbance, and other threats. The
alternatives also designate additional forestlands with specific
importance for marbled murrelet conservation, and these are referred to
as Special Habitat Areas, Emphasis Areas, or Marbled Murrelet
Management Areas, depending on the alternative and conservation
approach. All of alternatives considered in the DEIS protect known
marbled murrelet nest sites.
Alternative A is the no-action alternative and it continues the
interim conservation strategy for the marbled murrelet. Alternative B
primarily relies on protecting occupied marbled murrelet sites without
additional conservation approaches. Alternatives C, D, E, and F focus
new conservation in important areas for the marbled murrelet,
protecting more habitat in these areas than is protected under the no
action alternative. Each alternative designates a different amount of
land for conservation of the marbled murrelet. Alternative F protects
the most habitat for the murrelet within the analysis area.
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/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with EISs
themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Public Comments and Webinar
The Service and WDNR are committed to providing access to these
meetings for all participants. The public meetings are physically
accessible to people with disabilities. Requests for sign language
interpretation or other auxiliary aids should be directed to Brian G.
Bailey, Outreach Manager, Legislative Session Coordinator, Washington
State Department of Natural Resources, at 360-902-1715, and Mark
Ostwald, U.S. Fish and Wildlife Service, at 360-753-9564. To allow
sufficient time to process requests, please call at least 7 working
days prior to the public meeting dates.
Four public meetings will be held to provide an overview of the
DEIS and an opportunity for public comment. The public meeting dates,
times, and locations are:
Tuesday, January 10, 2017, 6 p.m. to 8 p.m., WDNR,
Northwest Region Office, NW Conference Center, 919 N Township Street,
Sedro Woolley, WA 98284.
Thursday, January 12, 2017, 6 p.m. to 8 p.m., Whitman
Middle School Auditorium, 9201 15th Avenue NW., Seattle, WA 98117.
Tuesday, January 17, 2017, 6 p.m. to 8 p.m., Port Angeles
High School, Commons-Lunch Room, 304 E Park Avenue, Port Angeles, WA
98362.
Thursday, January 19, 2017, 6 p.m. to 8 p.m., Julius A.
Wendt Elementary School, Multi-purpose Room, 265 S 3rd Street,
Cathlamet, WA 98612.
Public Webinar Information: A public webinar will provide an
overview of the DEIS. The public webinar date, time, and link are:
Tuesday, January 24, 2017, 2 p.m. to 3 p.m., the link for
accessing the webinar will be available at www.dnr.wa.gov/mmltcs.
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We specifically request information,
views, and opinions from the public on the alternatives for the marbled
murrelet LTCS and identification of any 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.
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
[[Page 89138]]
FEIS, will be available for public inspection by appointment, during
normal business hours, at our Washington Fish and Wildlife Office (see
ADDRESSES).
Next Steps
We expect to receive a permit application from WDNR requesting an
amendment of their ITP and HCP to cover the LTCS for the marbled
murrelet. It is anticipated that one of the alternatives analyzed in
the DEIS will form the basis of the LTCS that would be implemented
under the HCP. An interim conservation strategy for the marbled
murrelet is currently being implemented under the HCP. 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 preferred alternative for the LTCS for the
marbled murrelet and analyze its impact on the human environment. 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 ITP and
HCP. 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 EPA's 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 Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service, Portland, Oregon.
[FR Doc. 2016-29062 Filed 12-8-16; 8:45 am]
BILLING CODE 4333-15-P
