Endangered and Threatened Species; Take of Anadromous Fish

Published date16 November 2021
Record Number2021-24927
SectionNotices
CourtNational Oceanic And Atmospheric Administration
Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)
[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]
                BILLING CODE 3510-22-P
                

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