Endangered and Threatened Species; Take of Anadromous Fish, 63343-63344 [2021-24927]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63343-63344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24927]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB579]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice; Issuance of one Endangered Species Act (ESA) Incidental 
Take Permit and one ESA Enhancement of Survival Permit; Availability of 
the Final Environmental Assessment and Finding of No Significant 
Impact.

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SUMMARY: Notice is hereby given that NMFS has issued one Incidental 
Take Permit and one Enhancement of Survival Permit to Sierra Pacific 
Land & Timber Company (SPL&T) for the Sierra Pacific Industries Habitat 
Conservation Plan (HCP) and Safe Harbor Agreement (SHA). The HCP/SHA 
was submitted pursuant to the Endangered Species Act (ESA) of 1973, as 
amended. NMFS has also prepared a Final Environmental Assessment (EA) 
and a Finding of No Significant Impact (FONSI) under the National 
Environmental Policy Act (NEPA) associated with NMFS' issuance of the 
Permits for the HCP/SHA. The Permits authorize incidental take of ESA-
listed species as set forth in the HCP/SHA for a 50-year period.

DATES: The Incidental Take Permit (No. 24396) and the Enhancement of 
Survival Permit (No. 24397) were issued to SPL&T on September 29, 2021. 
Subsequent to issuance, the necessary countersignatures by the 
applicants were received on October 4, 2021. The expiration date of the 
permits is October 4, 2071. The issued permits are subject to certain 
conditions set forth therein.

ADDRESSES: The permits, the Final EA and FONSI, and other related 
documents available on the NMFS West Coast Region website at: https://www.fisheries.noaa.gov/action/habitat-conservation-plan-and-safe-harbor-agreement-sierra-pacific-industries-forestland.

FOR FURTHER INFORMATION CONTACT: Amanda Cranford, Sacramento, CA, at 
phone number: (916) 930-3706, or via email: [email protected].

SUPPLEMENTARY INFORMATION:

ESA-Listed Species Covered in This Notice

Chinook salmon (Oncorhynchus tshawytscha), (Evolutionary Significant 
Unit [ESU]): Central Valley spring-run ESU, and Sacramento River 
winter-run ESU
Coho salmon (O. kisutch), (ESU): Southern Oregon/Northern California 
Coast ESU
Steelhead (O. mykiss), (Distinct Population Segment [DPS]): California 
Central Valley DPS

Background

    SPL&T is the largest private forest landowner in the state of 
California, with ownership currently encompassing approximately 1.79 
million acres of timberland throughout the northern and central 
portions of the state. Sierra Pacific Industries (SPI) is the 
authorized representative and manager of SPL&T lands. Rivers and 
streams on portions of SPL&T lands in the Trinity River and Sacramento 
River basins provide habitat for anadromous salmonids, including 
species listed under the ESA. SPI's forestland management activities 
have the potential to adversely affect fish species and their habitats 
that are listed, or may be listed, under the ESA. Proposed activities 
under the permits include those activities necessary to implement the 
forestland management program, in addition to certain mitigation and 
conservation measures identified in the HCP/SHA.
    Section 10(a)(1)(B) of the ESA authorizes NMFS to issue an 
Incidental Take Permit to non-Federal parties for the potential 
incidental taking of endangered and threatened species. The HCP 
provides an assessment of impacts, measures to monitor, minimize, and 
mitigate for those impacts, and procedures to account for unforeseen or 
extraordinary circumstances. Under the HCP, SPI will follow the Z'Berg-
Nejedly Forest Practice Act and relevant public resource codes, 
including the current California Forest Practice Rules (CFPRs) for each 
year of the permit period. SPI fully complies with the CFPRs, which set 
prescriptive standards for natural resource protection minimization 
measures for all activities. The CFPRs set even higher standards for 
activities in Anadromous Salmonid Protection watersheds. SPI will also 
implement conservation measures described in the HCP that are designed 
to protect riparian resources and water quality.
    The section 10(a)(1)(B) Incidental Take Permit also covers three 
species that are not currently listed under the ESA: Central Valley 
fall/late fall-run Chinook salmon (O. tshawytscha) ESU, which is 
designated as species of concern by NMFS; Upper Klamath/Trinity Rivers 
Chinook salmon (O. tshawytscha) ESU, which is currently petitioned for 
listing as threatened or endangered under the ESA and endangered under 
the California Endangered Species Act; and Klamath Mountains Province 
steelhead (O. mykiss) DPS, which has no current regulatory status. The 
non-listed species identified above do not currently have protective 
federal regulations against take, and a federal permit is not needed to 
incidentally take them. However, there may be a change in listing 
status during the permit term. If any of the above-mentioned non-listed 
species are listed as threatened or endangered in the future, the 
section 10(a)(1)(B) Incidental Take Permit would become effective 
immediately for these species.
    The incidental taking identified in the SHA is authorized under a 
section 10(a)(1)(A) Enhancement of Survival Permit. The SHA addresses 
potential

[[Page 63344]]

impacts resulting from SPI's timber harvest activities on SPL&T lands 
in the Sacramento and Trinity River basins upstream of currently 
impassable dams, where NMFS is proposing to reintroduce populations of 
ESA-listed salmonids. The purpose of the SHA is to provide incentives 
for non-Federal property owners to voluntarily conduct beneficial 
management activities that either support or attract ESA-listed 
species. The beneficial management activities proposed under the SHA 
will improve habitat within the SHA Plan Area by using SPI's Road 
Erosion and Sediment Delivery Index (READI) model to identify sources 
of sediment from road runoff. Road watercourse crossing improvements 
will be applied, such as new drains and road surfacing, to reduce 
sediment delivery to the maximum extent practicable. SPI will also 
support ESA-listed species reintroduction efforts proposed by NMFS, 
which is expected to contribute towards the recovery of ESA-listed 
anadromous fish populations in the Sacramento River and Trinity River 
basins. These actions are expected to provide a net conservation 
benefit for ESA-listed salmonids.
    On June 19, 2020, NMFS published a Notice of Receipt and Notice of 
Availability in the Federal Register (85 FR 37070; June 19, 2020) 
asking for public comments on the draft HCP/SHA and the associated 
draft NEPA EA. NMFS received three letters from the public expressing 
support for the HCP/SHA and the proposed issuance of the permits. No 
changes were made in response to the comments received, as none were 
suggested or requested by the public.

Authority

    Section 9 of the ESA and Federal regulations prohibit the taking of 
a species listed as endangered or threatened. The ESA defines ``take'' 
to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect, or to attempt to engage in any such conduct. NMFS may issue 
permits under limited circumstances to take listed species. Section 
10(a)(1)(B) of the ESA and implementing regulations (50 CFR 222.307) 
provide for authorizing take of listed species, incidental to, and not 
the purpose of, the carrying out of an otherwise lawful activity.
    Enhancement of Survival permits are issued in accordance with 
Section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations 
governing listed fish and wildlife permits (50 CFR 222.308). NMFS 
issues permits based on findings that such permits: (1) Are applied for 
in good faith; (2) if granted and exercised, would not operate to the 
disadvantage of the listed species that are the subject of the permit; 
and (3) are consistent with the purposes and policy of section 2 of the 
ESA. The authority to take listed species is subject to conditions set 
forth in the permits.

    Dated: November 10, 2021.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2021-24927 Filed 11-15-21; 8:45 am]
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