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[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14734-14735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6078]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB058

Incidental Take Permit and Habitat Conservation Plan for 
PacifiCorp Klamath Hydroelectric Project Interim Operations

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

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of the Final 
Environmental Assessment (EA) on the application from PacifiCorp Energy 
(PacifiCorp or applicant) for an Incidental Take Permit (ITP) and 
Habitat Conservation Plan (HCP) for take of a threatened species in 
accordance with the Endangered Species Act of 1973, as amended (ESA). 
NMFS and PacifiCorp have also developed an implementing agreement (IA) 
which details how NMFS and PacifiCorp will work together to implement 
the HCP. This notice also announces that NMFS has made a decision to 
issue an ITP to PacifiCorp for the covered activities described in 
their HCP, and has authorized the incidental take of Southern Oregon/
Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) 
coho salmon (Oncorhynchus kisutch) as a result of operation and 
maintenance of its Klamath Hydroelectric Project (Project) in and near 
the Klamath River in Southern Oregon and Northern California, and 
implementation of the HCP during a ten-year period. This notice is 
provided under National Environmental Policy Act (NEPA) regulations and 
NMFS ESA permit regulations to inform the public that the Final EA HCP, 
responses to public comments, and associated documents are available 
for review; and NMFS has made a decision to issue the ITP.

FOR FURTHER INFORMATION CONTACT: For further information, or to receive 
a copy of the documents, please call Lisa Roberts, Fisheries Biologist, 
NMFS, at (707) 825-5178.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Copies of the Final EA, HCP, IA, and associated documents are 
available for public inspection during regular business hours at the 
Northern California National Marine Fisheries Office located at: 1655 
Heindon Road, Arcata, CA 95521 (see FOR FURTHER INFORMATION CONTACT). 
The Final EA, HCP, and IA are also available electronically for review 
on the NMFS Southwest Region Web site at: http://swr.nmfs.noaa.gov/nepa.htm.

Background

    Section 9 of the Federal ESA prohibits the take of fish or wildlife 
species listed as endangered or threatened by either the FWS or NMFS 
(16 U.S.C. 1538). The ESA defines the term ``take'' as: ``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)). NMFS has 
defined ``harm'' as an act which actually kills or injures fish or 
wildlife, and such acts may include ``significant habitat modification 
or degradation which actually kills or injures fish or wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, spawning, rearing, migrating, feeding, or sheltering'' (50 
CFR 222.102). Pursuant to section 10(a)(1)(B) of the ESA (16 U.S.C. 
1539(a)(1)(B)), NMFS may issue ITPs authorizing the take of listed 
species if, among other things, such taking is incidental to, and not 
the purpose of, otherwise lawful activities.
    To receive an ITP under the ESA, an applicant must prepare an HCP 
that specifies the following: (1) the impact which will likely result 
from the taking; (2) steps the applicant will take to minimize and 
mitigate the impacts; (3) funding available to implement the steps; (4) 
what alternative actions to the taking the applicant considered and the 
reasons why these alternatives were not used; and (5) any other 
measures NMFS may require as being necessary or appropriate for 
purposes of the HCP (16

[[Page 14735]]

U.S.C. 1539(a)(2)(A)). To issue a permit, NMFS must find that: (1) the 
taking will be incidental; (2) the applicant will minimize and mitigate 
impacts of the taking to the maximum extent practicable; (3) the 
applicant will ensure adequate funding for the HCP; (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 meet other measures 
required by NMFS. Regulations governing issuance of NMFS-issued permits 
can be found at 50 CFR 222.301 through 307.
    The applicant requested an ITP from NMFS for the SONCC coho salmon 
ESU. The Final PacifiCorp HCP for the Project includes a series of 
conservation measures to minimize and mitigate the effects of operation 
of the Project on potential incidental take of SONCC ESU coho salmon 
during the 10-year permit term. In general, the Covered Activities 
under the ITP and HCP include the following: (1) Operate and maintain 
the spill gates at Link River dam for regulation and releases of flows 
from Link River dam for purposes of hydroelectric generation, (2) 
Operate and maintain the East Side and West Side canals, penstocks, 
turbines, and powerhouse facilities, (3) Operate and maintain Keno dam, 
spill gates, and fish ladder, (4) Regulate the water level upstream of 
Keno dam in accordance with the agreement with the U.S. Bureau of 
Reclamation (Reclamation) (per PacifiCorp's existing Federal Energy 
Regulatory Commission (FERC) license) and for irrigation withdrawal 
activities, (5) Operate and maintain J.C. Boyle dam, fish bypass 
system, water conveyance system, (6) Maintain an instream flow release 
from the J.C. Boyle dam to the river of not less than 100 cfs (per 
PacifiCorp's existing FERC license), (7) Regulate flows from J.C. Boyle 
dam and powerhouse during normal operations such that ramping rates of 
flow in the river do not exceed 9 inches per hour (as measured at the 
United States Geological Survey (USGS) gage located 0.5 mile downstream 
of the J.C. Boyle powerhouse) per PacifiCorp's existing FERC license, 
(8) Operate and maintain Copco No. 1 and Copco No. 2 dams, water 
conveyance systems, turbines, and powerhouse facilities, (9) Operate 
and maintain Iron Gate dam (and associated appurtenances), penstocks, 
turbines, and powerhouse facilities, (10) Regulate releases from Iron 
Gate dam in accordance with NMFS' biological opinion on Reclamation's 
Klamath Project operations which identifies instream flow and ramping 
rate requirements (as measured at the USGS gage located 0.5 mile 
downstream of Iron Gate dam), and (11) Regulate water levels at Keno, 
J.C. Boyle, Copco, and Iron Gate reservoirs.
    The stated biological goals of PacifiCorp's HCP are to: (1) Offset 
biological effects of blocked habitat upstream of Iron Gate dam by 
enhancing the viability of the Upper Klamath coho salmon population, 
(2) Enhance coho salmon spawning habitat downstream of Iron Gate dam, 
(3) Improve instream flow conditions for coho salmon downstream of Iron 
Gate dam, (4) Improve water quality for coho salmon downstream of Iron 
Gate dam, (5) Reduce disease incidence and mortality in juvenile coho 
salmon downstream of Iron Gate dam, (6) Enhance migratory and rearing 
habitat for coho salmon in the Klamath River mainstem corridor, and (7) 
Enhance and expand rearing habitat for coho salmon in key tributaries.
    A Notice of Availability (NOA) of the draft environmental 
assessment, habitat conservation plan, implementing agreement, receipt 
of application for the ITP, and notice of a public meeting was 
published in the Federal Register on May 4, 2011 (76 FR 25307). The 
public review period occurred for 60 days, and no oral comments were 
received at a public meeting held in Redding, California on June 29, 
2011. A total of eleven (11) individual comment letters were received 
by the July 5, 2011 public comment deadline. Two separate individual 
comment letters were received after the public comment deadline, and 
responses to concerns raised in these letters have been provided 
separately from the final environmental assessment. NMFS reviewed the 
comments received and identified 79 separate comments regarding either 
the Draft EA or the HCP. A response to each of the comments received 
during the public comment period is included in the Final EA.

National Environmental Policy Act

    The proposed permit issuance triggered the need for compliance with 
NEPA and accordingly NMFS prepared a NEPA document. The Final EA 
analyzes the proposed action and one other alternative (No Action). 
Under the proposed action, NMFS would issue the ITP and PacifiCorp 
would implement its HCP within the Klamath River basin. Under the No 
Action Alternative, the requested ITP would not be issued, and 
PacifiCorp would not implement the HCP. NMFS is responsible for 
compliance under NEPA and is providing notice of the availability of 
the Final EA and is making available for public review the responses to 
comments on the Draft EA.

    Dated: March 6, 2012.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2012-6078 Filed 3-12-12; 8:45 am]
BILLING CODE 3510-22-P
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