Draft Environmental Impact Statement and Draft Habitat Conservation Plan; Receipt of Applications for Incidental Take Permits; Klamath, Deschutes, Jefferson, Crook, Wasco, and Sherman Counties, Oregon, 53164-53167 [2019-21631]
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Notices
Dated: October 1, 2019.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2019–21668 Filed 10–3–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[1651–0074]
Agency Information Collection
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U.S. Customs and Border
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ACTION: 60-Day notice and request for
comments; extension of an existing
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The Department of Homeland
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Protection will be submitting the
following information collection request
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DATES: Comments are encouraged and
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December 3, 2019 to be assured of
consideration.
SUMMARY:
Written comments and/or
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contained in this notice must include
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To avoid duplicate submissions, please
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(2) Mail. Submit written comments to
CBP Paperwork Reduction Act Officer,
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Rulings, Economic Impact Analysis
Branch, 90 K Street NE, 10th Floor,
Washington, DC 20229–1177.
FOR FURTHER INFORMATION CONTACT:
Requests for additional PRA information
should be directed to Seth Renkema,
Chief, Economic Impact Analysis
Branch, U.S. Customs and Border
Protection, Office of Trade, Regulations
and Rulings, 90 K Street NE, 10th Floor,
Washington, DC 20229–1177,
Telephone number 202–325–0056 or via
email CBP_PRA@cbp.dhs.gov. Please
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ADDRESSES:
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regarding this notice. Individuals
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or CBP website at https://www.cbp.
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SUPPLEMENTARY INFORMATION: CBP
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collections pursuant to the Paperwork
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et seq.). This process is conducted in
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Current Actions: CBP proposes to
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Dated: October 1, 2019.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2019–21664 Filed 10–3–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R1–ES–2019–0091;
FXES11140100000–190–FF01E00000]
Draft Environmental Impact Statement
and Draft Habitat Conservation Plan;
Receipt of Applications for Incidental
Take Permits; Klamath, Deschutes,
Jefferson, Crook, Wasco, and Sherman
Counties, Oregon
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
In accordance with the
Endangered Species Act (ESA) and the
National Environmental Policy Act
(NEPA), we, the U.S. Fish and Wildlife
Service (Service), announce the
availability of a habitat conservation
plan (HCP) in support of incidental take
permit (ITP) applications received from
the Deschutes Basin Board of Control
(DBBC), on behalf of its eight member
irrigation districts, and the City of
Prineville (applicants). The eight
irrigation districts that make up the
DBBC are Arnold, Central Oregon, Lone
Pine, North Unit, Ochoco, Swalley,
Three Sisters, and Tumalo. The
applicants have submitted applications
for ITPs to both the Service and the
National Marine Fisheries Service for
the species under each agency’s
jurisdiction. Applicants are seeking
authorization for the incidental take of
five species that is expected to result
from the storage, release, diversion, and
return of irrigation water by the DBBC
member districts and groundwater
withdrawals, effluent discharges, and
SUMMARY:
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surface water diversions by the City of
Prineville. Also available for review is
the Service’s draft environmental
impact statement (DEIS), which was
prepared, pursuant to NEPA, in
response to the applications. We are
seeking public comments on the HCP
and DEIS.
DATES: We will accept comments
received or postmarked on or before
November 18, 2019. Comments
submitted online at https://
www.regulations.gov/ (see ADDRESSES)
must be received by 11:59 p.m. Eastern
Time on November 18, 2019.
Public Meetings: The Service will host
two open house public meetings at the
following times during the public
comment and review period:
• Bend, OR: Tuesday, October 15,
2019, from 6 a.m. to 8 p.m.
• Prineville, OR: Wednesday, October
16, 2019, from 6 a.m. to 8 p.m.
ADDRESSES: Obtaining Documents for
Review: The documents this notice
announces, as well as any comments
and other material that we receive, will
be available for public inspection online
in Docket No. FWS–R1–ES–2019–0091
at https://www.regulations.gov/.
Documents will also be available at
https://www.fws.gov/Oregonfwo/
articles.cfm?id=149489716.
Submitting Comments: You may
submit comments by the following
methods:
• Online: https://www.regulations.gov.
Follow instructions for submitting
comments on Docket No. FWS–R1–ES–
2019–0091.
• Public meetings: A computer will
be available at the public meetings to
allow attendees to submit comments.
The meetings will be held at the
following locations:
Æ Mount Bachelor Village Resort &
Event Center, 19717 Mt Bachelor Drive,
Bend, OR 97702.
Æ Carey Foster Hall, Crook County
Fairgrounds, 1280 Main Street,
Prineville, OR 97754.
• Hard copy: Submit by U.S. mail or
hand delivery to Public Comments
Processing, Attn: Docket No. FWS–R1–
ES–2019–0091; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: JAO/
1N, Falls Church, VA 22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post online any
personal information that you provide
(see Public Availability of Comments
under SUPPLEMENTARY INFORMATION). We
request that you submit comments by
only the methods described above.
Reviewing U.S. Environmental
Protection Agency (EPA) comments on
the draft HCP and DEIS: See EPA’s Role
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FOR FURTHER INFORMATION CONTACT:
(NEPA; 42 U.S.C. 4321 et seq.). We are
making the HCP and DEIS available for
public review and comment.
Bridget Moran, by telephone at 541–
383–7146, or by email at bridget_
moran@fws.gov. Hearing or speech
impaired individuals may call the
Federal Relay Service at 800–877–8339
for TTY assistance.
SUPPLEMENTARY INFORMATION: The U.S.
Fish and Wildlife Service (Service) and
National Marine Fisheries Service
(NMFS) received incidental take permit
(ITP) applications on August 30, 2019,
from the Deschutes Basin Board of
Control (DBBC) member districts
(Arnold, Central Oregon, Lone Pine,
North Unit, Ochoco, Swalley, Three
Sisters, and Tumalo Irrigation Districts)
and the City of Prineville (applicants) in
accordance with the requirements of the
Endangered Species Act, as amended
(ESA; 16 U.S.C. 1531 et seq.). The
applicants prepared the draft Deschutes
Basin habitat conservation plan (HCP)
in support of the ITP applications and
are seeking authorization for take of the
federally threatened Oregon spotted frog
(Rana pretiosa) and bull trout
(Salvelinus confluentus) from the
Service, and take of the federally
threatened Middle Columbia River
steelhead trout (Oncorhynchus mykiss)
and the non-listed Middle Columbia
River spring Chinook salmon
(Oncorhynchus tshawytscha) and
sockeye salmon (O. nerka) from the
NMFS. Hereafter, these five species are
collectively referred to as the ‘‘covered
species.’’
The ITPs, if issued, would authorize
take of the covered species that may
occur incidental to the storage, release,
diversion, and return of irrigation water
by the DBBC member districts, and
groundwater withdrawals, effluent
discharges, and surface water diversions
by the City of Prineville (the covered
activities).
The HCP specifies the impacts that
will likely result from the taking of
covered species and describes the steps
the applicants will take to minimize and
mitigate such impacts. The HCP also
discusses alternative actions to the
taking that were considered by the
applicants and the reasons why such
alternatives are not being utilized. The
HCP also describes the covered species’
life history and ecology, as well as
biological goals and objectives of the
HCP, adaptive management, monitoring,
and funding assurances.
The Service prepared a draft
environmental impact statement (DEIS)
in response to the ITP applications in
accordance with the requirements of the
National Environmental Policy Act
Background
All eight water districts are quasimunicipal corporations formed and
operated according to Oregon State law
to distribute water to irrigators (patrons)
within designated geographic
boundaries and in accordance with the
individual water rights held by those
patrons. The City of Prineville operates
City-owned infrastructure and provides
essential services—including public
safety, municipal water supply, and
sewage treatment—for more than 9,000
residents. The applicants have
determined that continued operation of
irrigation and essential services requires
ITPs to address unavoidable take of
listed species, which is ongoing.
The applicants have proposed a
conservation program to avoid,
minimize, and mitigate for impacts to
the covered species. The HCP addresses
the negative effects of the covered
activities on the covered species by
reducing or eliminating those effects to
the maximum extent practicable, and by
mitigating effects that cannot be
eliminated altogether. In general,
negative effects on listed species can
result from direct harm or injury of
individuals of the species, and through
changes in habitat that interfere with the
essential life activities of the species.
Both types of effects are addressed in
the HCP conservation measures. The
covered activities affect the covered
species primarily through changes in
the hydrology (flow) of occupied waters
associated with the storage, release,
diversion, and return of irrigation water.
In the course of storing, releasing,
diverting, and returning irrigation water,
the applicants alter the hydrology of the
Deschutes River and a number of its
tributaries. In a similar fashion, the
pumping of groundwater for municipal
water supply by the City of Prineville
affects the hydrology in one of those
tributaries, the Crooked River. These
changes in hydrology alter habitat
conditions for the three species
protected under the ESA, thereby
creating the potential for incidental take
of the species.
The activities covered by the HCP
cause changes in surface water
hydrology that alter the quantity and/or
quality of aquatic habitats for the listed
species. The covered activities modify
the timing and magnitude of flow in the
Deschutes River and a number of its
tributaries through the storage, release,
diversion, and return of irrigation water.
In most cases, the hydrologic changes
resulting from irrigation activities have
in the EIS Process under SUPPLEMENTARY
INFORMATION.
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negative impacts on aquatic habitats for
the covered species. When flows are
reduced, the total area of usable habitat
for aquatic species generally decreases
and water temperatures typically
increase to the extent that habitat
quality is negatively impacted. The
HCP’s conservation measures will
modify irrigation activities that reduce
instream flow (storage and diversion of
water) to address the negative effects. As
a result, flows in the affected reaches
will be higher than they were
historically (over the last 50+ years) in
the winter, and water temperatures
(particularly peak summer
temperatures) will be lower.
The applicants have continued to
refine the HCP based on technical
assistance from the Service and NMFS.
The applicants recognize this continued
assistance in their transmittal memo
provided with the ITP applications, and
note that they are considering certain
additional measures analyzed in the
DEIS (under Alternatives 3 and 4) that
are not currently reflected in the
proposed HCP, including the concept of
a habitat improvement fund for projects
in the Upper Deschutes, and the
possibility of increasing winter flows
below Wickiup Dam. The applicants
may choose to incorporate these and/or
additional elements analyzed in the
DEIS into their HCP. Further
discussions are also needed about the
permit structure itself, including what
happens if one or more permittees
decide to relinquish their permit
coverage. The Service and NMFS
anticipate addressing these remaining
issues after the public has had the
opportunity to review and comment on
both the HCP and the DEIS.
Proposed Action
We propose to issue a 30-year permit
for incidental take of the Oregon spotted
frog and bull trout if the HCP meets all
section 10(a)(1)(B) permit issuance
criteria. The permit would authorize
take of these two covered species
incidental to the storage, release,
diversion, and return of irrigation water
by the DBBC member districts and
groundwater withdrawals, effluent
discharges, and surface water diversions
by the City of Prineville. NMFS will
make an independent decision
regarding coverage for incidental take of
the three species under its jurisdiction.
Endangered Species Act
Section 9 of the ESA and its
implementing regulations prohibit
‘‘take’’ of fish and wildlife species listed
as endangered (16 U.S.C. 1538(a)(1)). In
addition, section 4 of the ESA allows
the Service and NMFS to issue
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regulations that prohibit the take of any
fish and wildlife species listed as
threatened (16 U.S.C. 1533(d)). Take
prohibition has been extended, in whole
or in part, to the three covered species
that are listed as threatened. Under
section 3 of the ESA, the term ‘‘take’’
means to ‘‘harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such
conduct’’ (16 U.S.C. 1538). Under
section 10(a) of the ESA, the Service
may issue permits to authorize
incidental take of listed fish and
wildlife species. ‘‘Incidental take’’ is
defined by the ESA as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. 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, to the
maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure that
adequate funding for the HCP 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 HCP.
National Environmental Policy Act
In compliance with NEPA (42 U.S.C.
4321 et seq.), the Service prepared a
DEIS, in which we analyze the proposed
action and a reasonable range of
alternatives to the proposed action. Four
alternatives are analyzed in the DEIS.
Alternative 1—No-action Alternative:
No permit would be issued, and the
applicant’s HCP would not be
implemented. Under Alternative 1,
ongoing applicant activities would
remain subject to take prohibition for
listed species under the ESA. Ongoing
applicant activities or future actions that
may result in incidental take of federally
listed species would need to be
authorized through separate ITP
applications submitted by each
applicant under ESA section 10. This
alternative assumes continuation of the
actions covered in the current ESA
section 7 biological opinion for the
Upper Deschutes River to address take
of the Oregon spotted frog, and of the
actions covered in the current Service
and NMFS ESA section 7 consultation
documents for the Deschutes River
Basin Projects to address effects to the
Middle Columbia River steelhead trout
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and bull trout, as well as other
predictable current and future
conditions.
Alternative 2—Proposed Action,
Deschutes Basin HCP: Under this
alternative, the Service and NMFS
would issue 30-year ITPs to the
applicants for incidental take of covered
species caused by covered activities in
the plan area, and the applicants would
implement the HCP. The HCP’s
conservation strategy modifies the
timing and magnitude of the storage,
release, and diversion of irrigation
water. Over the 30-year period, flows
are modified to mimic more natural
hydrography to support the various life
stages of the covered species.
Alternative 3—Enhanced Variable
Streamflows: Under this alternative, the
Service and NMFS would issue ITPs to
the applicants for the same plan area,
covered lands and waters, covered
species, covered activities, and permit
term as described for the proposed
action, but with modifications to the
HCP conservation strategy including
increased fall and winter flows in the
Deschutes River below Wickiup Dam,
in-stream protection of uncontracted
water releases on the Crooked River for
fish and wildlife, and the inclusion of
a habitat improvement fund for projects
in the Upper Deschutes.
Alternative 4—Accelerated Schedule
for Enhanced Variable Streamflows:
Under this alternative, the Service and
NMFS would issue ITPs to the
applicants for the same plan area,
covered lands and waters, covered
species, and covered activities as
described for the proposed action, but
with a 20-year permit term and
modifications to the HCP conservation
strategy for an accelerated schedule for
increases in fall and winter flows in the
Deschutes River below Wickiup Dam,
in-stream protection of additional
uncontracted water releases on the
Crooked River for fish and wildlife, and
the habitat improvement fund for
projects in the Upper Deschutes.
The environmental consequences of
each alternative were analyzed to
determine if significant impacts to the
human environment would occur.
EPA’s Role in the EIS Process
The EPA is charged with reviewing all
Federal agencies’ EISs and commenting
on the adequacy and acceptability of the
environmental impacts of proposed
actions in EISs. Therefore, EPA is
publishing a notice in the Federal
Register announcing this EIS, as
required under section 309 of the Clean
Air Act. The publication date of EPA’s
notice of availability is the official
beginning of the public comment
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period. EPA’s notices are published on
Fridays.
EPA serves as the repository (EIS
database) for EISs prepared by Federal
agencies. All EISs must be filed with
EPA. You may search for EPA
comments on EISs, along with EISs
themselves, at https://
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
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Public Comments
You may submit your comments and
materials by one of the methods in
ADDRESSES. We specifically request
information on the following:
1. Potential impacts to the human
environment that may occur during the
permit term;
2. Biological information and relevant
data concerning the covered species and
other wildlife;
3. Potential direct, indirect, and
cumulative impacts that
implementation of the proposed HCP’s
mitigation/minimization measures
could have on the covered species, other
endangered or threatened species,
associated ecological communities or
habitats for such species, and other
aspects of the human environment;
4. Whether there are additional
connected, similar, or reasonably
foreseeable cumulative actions and their
possible impacts on the human
environment, including, without
limitation, Oregon spotted frog, bull
trout, Mid-Columbia steelhead, chinook
salmon, and sockeye salmon, all of
which were not identified in the DEIS;
5. The identification and evaluation of
archaeological and historic resources
that the proposed project may affect;
6. Other possible reasonable
alternatives to the proposed permit
action that the Service should consider,
including additional or alternative
avoidance, minimization, and
mitigation measures; and
7. Other information relevant to the
proposed HCP and impacts to the
human environment.
Public Availability of Comments
We will post on https://regulations.gov
all public comments and information
received electronically. All comments
we receive become part of the
administrative record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can request in your comment that
we withhold your personal identifying
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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.
Reasonable Accommodations
Persons needing reasonable
accommodations in order to attend and
participate in the public meetings
should contact the Service’s Bend Field
Office, using one of the methods listed
in ADDRESSES as soon as possible. In
order to allow sufficient time to process
requests, please make contact no later
than one week before the public
meetings. Information regarding this
proposed action is available in
alternative formats upon request.
Authority
We provide this notice in accordance
with the requirements of section 10 of
the ESA (16 U.S.C. 1531 et seq.) and
NEPA and its implementing regulations
(40 CFR 1503.1 and 1506.6).
materials, and any comments and other
materials that we receive will be
available for public inspection at https://
www.regulations.gov in Docket No.
FWS–HQ–IA–2019–0090.
Submitting Comments: When
submitting comments, please specify the
name of the applicant and the permit
number at the beginning of your
comment. You may submit comments
by one of the following methods:
• Internet: https://
www.regulations.gov. Search for and
submit comments on Docket No. FWS–
HQ–IA–2019–0090.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket No.
FWS–HQ–IA–2019–0090; U.S. Fish and
Wildlife Service Headquarters, MS:
PERMA, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
For more information, see Public
Comment Procedures under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Monica Thomas, by phone at 703–358–
2104, via email at DMAFR@fws.gov, or
via the Federal Relay Service at 800–
877–8339.
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife
Service.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–21631 Filed 10–3–19; 8:45 am]
I. Public Comment Procedures
BILLING CODE 4333–15–P
A. How do I comment on submitted
applications?
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–IA–2019–0090;
FXIA16710900000–190–FF09A30000]
Foreign Endangered Species; Receipt
of Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on applications to conduct
certain activities with foreign species
that are listed as endangered under the
Endangered Species Act (ESA). With
some exceptions, the ESA prohibits
activities with listed species unless
Federal authorization is issued that
allows such activities. The ESA also
requires that we invite public comment
before issuing permits for any activity
otherwise prohibited by the ESA with
respect to any endangered species.
DATES: We must receive comments by
November 4, 2019.
ADDRESSES: Obtaining Documents: The
applications, application supporting
SUMMARY:
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We invite the public and local, State,
Tribal, and Federal agencies to comment
on these applications. Before issuing
any of the requested permits, we will
take into consideration any information
that we receive during the public
comment period.
You may submit your comments and
materials by one of the methods in
ADDRESSES. We will not consider
comments sent by email or fax, or to an
address not in ADDRESSES. We will not
consider or include in our
administrative record comments we
receive after the close of the comment
period (see DATES).
When submitting comments, please
specify the name of the applicant and
the permit number at the beginning of
your comment. Provide sufficient
information to allow us to authenticate
any scientific or commercial data you
include. The comments and
recommendations that will be most
useful and likely to influence agency
decisions are: (1) Those supported by
quantitative information or studies; and
(2) those that include citations to, and
analyses of, the applicable laws and
regulations.
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]]>Agencies
[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Notices]
[Pages 53164-53167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21631]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2019-0091; FXES11140100000-190-FF01E00000]
Draft Environmental Impact Statement and Draft Habitat
Conservation Plan; Receipt of Applications for Incidental Take Permits;
Klamath, Deschutes, Jefferson, Crook, Wasco, and Sherman Counties,
Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: In accordance with the Endangered Species Act (ESA) and the
National Environmental Policy Act (NEPA), we, the U.S. Fish and
Wildlife Service (Service), announce the availability of a habitat
conservation plan (HCP) in support of incidental take permit (ITP)
applications received from the Deschutes Basin Board of Control (DBBC),
on behalf of its eight member irrigation districts, and the City of
Prineville (applicants). The eight irrigation districts that make up
the DBBC are Arnold, Central Oregon, Lone Pine, North Unit, Ochoco,
Swalley, Three Sisters, and Tumalo. The applicants have submitted
applications for ITPs to both the Service and the National Marine
Fisheries Service for the species under each agency's jurisdiction.
Applicants are seeking authorization for the incidental take of five
species that is expected to result from the storage, release,
diversion, and return of irrigation water by the DBBC member districts
and groundwater withdrawals, effluent discharges, and
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surface water diversions by the City of Prineville. Also available for
review is the Service's draft environmental impact statement (DEIS),
which was prepared, pursuant to NEPA, in response to the applications.
We are seeking public comments on the HCP and DEIS.
DATES: We will accept comments received or postmarked on or before
November 18, 2019. Comments submitted online at https://www.regulations.gov/ (see ADDRESSES) must be received by 11:59 p.m.
Eastern Time on November 18, 2019.
Public Meetings: The Service will host two open house public
meetings at the following times during the public comment and review
period:
Bend, OR: Tuesday, October 15, 2019, from 6 a.m. to 8 p.m.
Prineville, OR: Wednesday, October 16, 2019, from 6 a.m.
to 8 p.m.
ADDRESSES: Obtaining Documents for Review: The documents this notice
announces, as well as any comments and other material that we receive,
will be available for public inspection online in Docket No. FWS-R1-ES-
2019-0091 at https://www.regulations.gov/. Documents will also be
available at https://www.fws.gov/Oregonfwo/articles.cfm?id=149489716.
Submitting Comments: You may submit comments by the following
methods:
Online: https://www.regulations.gov. Follow instructions
for submitting comments on Docket No. FWS-R1-ES-2019-0091.
Public meetings: A computer will be available at the
public meetings to allow attendees to submit comments. The meetings
will be held at the following locations:
[cir] Mount Bachelor Village Resort & Event Center, 19717 Mt
Bachelor Drive, Bend, OR 97702.
[cir] Carey Foster Hall, Crook County Fairgrounds, 1280 Main
Street, Prineville, OR 97754.
Hard copy: Submit by U.S. mail or hand delivery to Public
Comments Processing, Attn: Docket No. FWS-R1-ES-2019-0091; U.S. Fish
and Wildlife Service; 5275 Leesburg Pike, MS: JAO/1N, Falls Church, VA
22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post online any personal information that
you provide (see Public Availability of Comments under SUPPLEMENTARY
INFORMATION). We request that you submit comments by only the methods
described above.
Reviewing U.S. Environmental Protection Agency (EPA) comments on
the draft HCP and DEIS: See EPA's Role in the EIS Process under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Bridget Moran, by telephone at 541-
383-7146, or by email at [email protected]. Hearing or speech
impaired individuals may call the Federal Relay Service at 800-877-8339
for TTY assistance.
SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service (Service)
and National Marine Fisheries Service (NMFS) received incidental take
permit (ITP) applications on August 30, 2019, from the Deschutes Basin
Board of Control (DBBC) member districts (Arnold, Central Oregon, Lone
Pine, North Unit, Ochoco, Swalley, Three Sisters, and Tumalo Irrigation
Districts) and the City of Prineville (applicants) in accordance with
the requirements of the Endangered Species Act, as amended (ESA; 16
U.S.C. 1531 et seq.). The applicants prepared the draft Deschutes Basin
habitat conservation plan (HCP) in support of the ITP applications and
are seeking authorization for take of the federally threatened Oregon
spotted frog (Rana pretiosa) and bull trout (Salvelinus confluentus)
from the Service, and take of the federally threatened Middle Columbia
River steelhead trout (Oncorhynchus mykiss) and the non-listed Middle
Columbia River spring Chinook salmon (Oncorhynchus tshawytscha) and
sockeye salmon (O. nerka) from the NMFS. Hereafter, these five species
are collectively referred to as the ``covered species.''
The ITPs, if issued, would authorize take of the covered species
that may occur incidental to the storage, release, diversion, and
return of irrigation water by the DBBC member districts, and
groundwater withdrawals, effluent discharges, and surface water
diversions by the City of Prineville (the covered activities).
The HCP specifies the impacts that will likely result from the
taking of covered species and describes the steps the applicants will
take to minimize and mitigate such impacts. The HCP also discusses
alternative actions to the taking that were considered by the
applicants and the reasons why such alternatives are not being
utilized. The HCP also describes the covered species' life history and
ecology, as well as biological goals and objectives of the HCP,
adaptive management, monitoring, and funding assurances.
The Service prepared a draft environmental impact statement (DEIS)
in response to the ITP applications in accordance with the requirements
of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.). We are making the HCP and DEIS available for public review and
comment.
Background
All eight water districts are quasi-municipal corporations formed
and operated according to Oregon State law to distribute water to
irrigators (patrons) within designated geographic boundaries and in
accordance with the individual water rights held by those patrons. The
City of Prineville operates City-owned infrastructure and provides
essential services--including public safety, municipal water supply,
and sewage treatment--for more than 9,000 residents. The applicants
have determined that continued operation of irrigation and essential
services requires ITPs to address unavoidable take of listed species,
which is ongoing.
The applicants have proposed a conservation program to avoid,
minimize, and mitigate for impacts to the covered species. The HCP
addresses the negative effects of the covered activities on the covered
species by reducing or eliminating those effects to the maximum extent
practicable, and by mitigating effects that cannot be eliminated
altogether. In general, negative effects on listed species can result
from direct harm or injury of individuals of the species, and through
changes in habitat that interfere with the essential life activities of
the species. Both types of effects are addressed in the HCP
conservation measures. The covered activities affect the covered
species primarily through changes in the hydrology (flow) of occupied
waters associated with the storage, release, diversion, and return of
irrigation water.
In the course of storing, releasing, diverting, and returning
irrigation water, the applicants alter the hydrology of the Deschutes
River and a number of its tributaries. In a similar fashion, the
pumping of groundwater for municipal water supply by the City of
Prineville affects the hydrology in one of those tributaries, the
Crooked River. These changes in hydrology alter habitat conditions for
the three species protected under the ESA, thereby creating the
potential for incidental take of the species.
The activities covered by the HCP cause changes in surface water
hydrology that alter the quantity and/or quality of aquatic habitats
for the listed species. The covered activities modify the timing and
magnitude of flow in the Deschutes River and a number of its
tributaries through the storage, release, diversion, and return of
irrigation water. In most cases, the hydrologic changes resulting from
irrigation activities have
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negative impacts on aquatic habitats for the covered species. When
flows are reduced, the total area of usable habitat for aquatic species
generally decreases and water temperatures typically increase to the
extent that habitat quality is negatively impacted. The HCP's
conservation measures will modify irrigation activities that reduce
instream flow (storage and diversion of water) to address the negative
effects. As a result, flows in the affected reaches will be higher than
they were historically (over the last 50+ years) in the winter, and
water temperatures (particularly peak summer temperatures) will be
lower.
The applicants have continued to refine the HCP based on technical
assistance from the Service and NMFS. The applicants recognize this
continued assistance in their transmittal memo provided with the ITP
applications, and note that they are considering certain additional
measures analyzed in the DEIS (under Alternatives 3 and 4) that are not
currently reflected in the proposed HCP, including the concept of a
habitat improvement fund for projects in the Upper Deschutes, and the
possibility of increasing winter flows below Wickiup Dam. The
applicants may choose to incorporate these and/or additional elements
analyzed in the DEIS into their HCP. Further discussions are also
needed about the permit structure itself, including what happens if one
or more permittees decide to relinquish their permit coverage. The
Service and NMFS anticipate addressing these remaining issues after the
public has had the opportunity to review and comment on both the HCP
and the DEIS.
Proposed Action
We propose to issue a 30-year permit for incidental take of the
Oregon spotted frog and bull trout if the HCP meets all section
10(a)(1)(B) permit issuance criteria. The permit would authorize take
of these two covered species incidental to the storage, release,
diversion, and return of irrigation water by the DBBC member districts
and groundwater withdrawals, effluent discharges, and surface water
diversions by the City of Prineville. NMFS will make an independent
decision regarding coverage for incidental take of the three species
under its jurisdiction.
Endangered Species Act
Section 9 of the ESA and its implementing regulations prohibit
``take'' of fish and wildlife species listed as endangered (16 U.S.C.
1538(a)(1)). In addition, section 4 of the ESA allows the Service and
NMFS to issue regulations that prohibit the take of any fish and
wildlife species listed as threatened (16 U.S.C. 1533(d)). Take
prohibition has been extended, in whole or in part, to the three
covered species that are listed as threatened. Under section 3 of the
ESA, the term ``take'' means to ``harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or attempt to engage in any
such conduct'' (16 U.S.C. 1538). Under section 10(a) of the ESA, the
Service may issue permits to authorize incidental take of listed fish
and wildlife species. ``Incidental take'' is defined by the ESA as take
that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. 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, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure that adequate funding for the HCP 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
HCP.
National Environmental Policy Act
In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service
prepared a DEIS, in which we analyze the proposed action and a
reasonable range of alternatives to the proposed action. Four
alternatives are analyzed in the DEIS.
Alternative 1--No-action Alternative: No permit would be issued,
and the applicant's HCP would not be implemented. Under Alternative 1,
ongoing applicant activities would remain subject to take prohibition
for listed species under the ESA. Ongoing applicant activities or
future actions that may result in incidental take of federally listed
species would need to be authorized through separate ITP applications
submitted by each applicant under ESA section 10. This alternative
assumes continuation of the actions covered in the current ESA section
7 biological opinion for the Upper Deschutes River to address take of
the Oregon spotted frog, and of the actions covered in the current
Service and NMFS ESA section 7 consultation documents for the Deschutes
River Basin Projects to address effects to the Middle Columbia River
steelhead trout and bull trout, as well as other predictable current
and future conditions.
Alternative 2--Proposed Action, Deschutes Basin HCP: Under this
alternative, the Service and NMFS would issue 30-year ITPs to the
applicants for incidental take of covered species caused by covered
activities in the plan area, and the applicants would implement the
HCP. The HCP's conservation strategy modifies the timing and magnitude
of the storage, release, and diversion of irrigation water. Over the
30-year period, flows are modified to mimic more natural hydrography to
support the various life stages of the covered species.
Alternative 3--Enhanced Variable Streamflows: Under this
alternative, the Service and NMFS would issue ITPs to the applicants
for the same plan area, covered lands and waters, covered species,
covered activities, and permit term as described for the proposed
action, but with modifications to the HCP conservation strategy
including increased fall and winter flows in the Deschutes River below
Wickiup Dam, in-stream protection of uncontracted water releases on the
Crooked River for fish and wildlife, and the inclusion of a habitat
improvement fund for projects in the Upper Deschutes.
Alternative 4--Accelerated Schedule for Enhanced Variable
Streamflows: Under this alternative, the Service and NMFS would issue
ITPs to the applicants for the same plan area, covered lands and
waters, covered species, and covered activities as described for the
proposed action, but with a 20-year permit term and modifications to
the HCP conservation strategy for an accelerated schedule for increases
in fall and winter flows in the Deschutes River below Wickiup Dam, in-
stream protection of additional uncontracted water releases on the
Crooked River for fish and wildlife, and the habitat improvement fund
for projects in the Upper Deschutes.
The environmental consequences of each alternative were analyzed to
determine if significant impacts to the human environment would occur.
EPA's Role in the EIS Process
The EPA is charged with reviewing all Federal agencies' EISs and
commenting on the adequacy and acceptability of the environmental
impacts of proposed actions in EISs. Therefore, EPA is publishing a
notice in the Federal Register announcing this EIS, as required under
section 309 of the Clean Air Act. The publication date of EPA's notice
of availability is the official beginning of the public comment
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period. EPA's notices are published on Fridays.
EPA serves as the repository (EIS database) for EISs prepared by
Federal agencies. All EISs must be filed with EPA. 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
You may submit your comments and materials by one of the methods in
ADDRESSES. We specifically request information on the following:
1. Potential impacts to the human environment that may occur during
the permit term;
2. Biological information and relevant data concerning the covered
species and other wildlife;
3. Potential direct, indirect, and cumulative impacts that
implementation of the proposed HCP's mitigation/minimization measures
could have on the covered species, other endangered or threatened
species, associated ecological communities or habitats for such
species, and other aspects of the human environment;
4. Whether there are additional connected, similar, or reasonably
foreseeable cumulative actions and their possible impacts on the human
environment, including, without limitation, Oregon spotted frog, bull
trout, Mid-Columbia steelhead, chinook salmon, and sockeye salmon, all
of which were not identified in the DEIS;
5. The identification and evaluation of archaeological and historic
resources that the proposed project may affect;
6. Other possible reasonable alternatives to the proposed permit
action that the Service should consider, including additional or
alternative avoidance, minimization, and mitigation measures; and
7. Other information relevant to the proposed HCP and impacts to
the human environment.
Public Availability of Comments
We will post on https://regulations.gov all public comments and
information received electronically. All comments we receive become
part of the administrative record associated with this action. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can request in your
comment that we withhold your personal identifying 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.
Reasonable Accommodations
Persons needing reasonable accommodations in order to attend and
participate in the public meetings should contact the Service's Bend
Field Office, using one of the methods listed in ADDRESSES as soon as
possible. In order to allow sufficient time to process requests, please
make contact no later than one week before the public meetings.
Information regarding this proposed action is available in alternative
formats upon request.
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA and its
implementing regulations (40 CFR 1503.1 and 1506.6).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-21631 Filed 10-3-19; 8:45 am]
BILLING CODE 4333-15-P
