Endangered and Threatened Species; Take of Anadromous Fish, 69256-69257 [2022-24883]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69256-69257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24883]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC541]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of Availability; Receipt of a proposed Habitat 
Conservation Plan (HCP); Incidental Take Permit (ITP) application; 
announcement of public meeting; request for comments.

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SUMMARY: We, the National Marine Fisheries Service (NMFS) and the U.S. 
Fish and Wildlife Service (FWS) have received separate ITP applications 
from the Oregon Department of State Lands (ODSL; applicant), associated 
with the Elliott State Research Forest HCP. The applications, including 
the HCP, have been submitted pursuant to Section 10 of the Endangered 
Species Act of 1973, as amended. The applicant is seeking authorization 
from FWS and NMFS (together, the Services) for the incidental take of 
three species expected to result from research and management-related 
activities on the Elliott State Forest in Coos and Douglas Counties, 
Oregon. These research and management activities include timber removal 
and infrastructure maintenance. FWS is the lead Federal agency under 
the National Environmental Policy Act (NEPA), and NMFS is a cooperating 
agency. The availability of the Draft Environmental Impact Statement 
was announced separately by FWS. NMFS is seeking public comments on the 
HCP.

DATES: We will accept online or hardcopy comments. Hardcopy comments 
must be received or postmarked on or before December 19, 2022 (See 
ADDRESSES). Comments submitted online at https://www.regulations.gov/ 
must be received by 11:59 p.m. Eastern Time on December 19, 2022.
    Public Meetings: FWS is hosting a public meeting during the public 
comment and review period. A meeting link will be posted to the FWS 
project web page (https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan) prior to the meeting. The public 
meeting will be held virtually at the following time:
     December 13, 2022, from 2 p.m. to 3:30 p.m. Pacific Time.

ADDRESSES: 
    Written Comments: Written comments on the proposed HCP will be 
accepted via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter FWS-R1-ES-2022-0029 in the Search Box. 
Follow instructions for submitting comments on Docket FWS-R1-ES-2022-
0029. When commenting, please refer to the specific section and/or page 
number and the subject of your comment.
    Instructions: Written comments submitted though any other method, 
or received after the end of the comment period, may not be considered 
by NMFS. All comments received are part of the public record and will 
generally be posted for public viewing on www.regulations.gov. All 
personal identifying information (e.g., name, address), confidential 
business information, or otherwise sensitive information submitted 
voluntarily by the sender will be publicly accessible. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).

FOR FURTHER INFORMATION CONTACT: Kathleen Wells, NMFS, 503-230-5437, 
[email protected].

SUPPLEMENTARY INFORMATION:

ESA-Listed Species Covered in This Notice

    Species covered by NMFS:
     Coho salmon (Oncorhynchus kisutch): Threatened.
    Species covered by FWS:
     Northern spotted owl (Strix occidentalis): Threatened.
     Marbled murrelet (Brachyramphus marmoratus): Threatened.

Background

    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 and FWS 
may issue permits, under limited circumstances, to take listed species 
incidental to, and not the purpose of, otherwise lawful activities. 
Section 10(a)(1)(B) of the ESA and implementing regulations (50 CFR 
222.307 for NMFS and 50 CFR 17.22(b) and 17.32(b) for FWS) provide for 
authorizing incidental take of listed species.
    NMFS and FWS received separate ITP applications from ODSL on 
October 10, 2022, pursuant to the ESA. ODSL prepared the HCP in support 
of both ITP applications and is seeking authorization from NMFS and FWS 
for

[[Page 69257]]

incidental take of the species described above.
    The ITPs, if issued, would authorize take of the covered species 
that may occur incidental to ODSL's research and forest management 
activities (the covered activities). The plan area includes a total of 
93,432 acres (378.11 km\2\), which includes School Lands and Board of 
Forestry Lands managed by ODSL and the Oregon Department of Forestry 
(ODF). The covered activities include the foundational research design 
of the Elliott State Research Forest proposal including; forest 
research treatments; operation standards, by research treatment 
designation; projected harvest timing, amount, and amount of harvest 
types, and methods; supporting management activities; supporting 
infrastructure, including roads and facilities; potential research 
projects; and implementation of the HCP's conservation strategy.
    The HCP specifies the impacts that will likely result from the 
taking of covered species and describes the steps that ODSL will take 
to minimize and offset such impacts. 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.
    NMFS is seeking public input on the HCP. We specifically request 
information on the following:
    1. Biological information, analysis, and relevant data concerning 
the covered species, other wildlife, and ecosystems.
    2. Potential effects that the proposed permit actions could have on 
the covered species, and other endangered or threatened species and 
their habitats, including the interaction of the effects of the project 
with climate change and other stressors.
    3. Alternatives to the proposed action.
    4. Adequacy of the conservation strategy to minimize and mitigate 
the impact of the taking on covered species.
    5. Other information relevant to the HCP.
    The Services will each make their permit decision on the statutory 
and regulatory criteria of the ESA. Their decisions will also be 
informed by the data, analyses, and public comments received on the 
Draft EIS and HCP. The Services will each document their determinations 
independently in an ESA Section 10 findings document, and an ESA 
section 7 biological opinion. It is NMFS' intent to adopt the EIS and 
issue its own record of decision to complete the NEPA process. If the 
Services find that all requirements for issuance of the ITPs are met, 
they will issue the requested permits, subject to terms and conditions 
deemed necessary or appropriate to carry out the purposes of ESA 
Section 10.
    Authority: Section 10(c) of the ESA and its implementing 
regulations (50 CFR 222.307, 17.22, and 17.32).

    Dated: November 9, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2022-24883 Filed 11-17-22; 8:45 am]
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