80 FR 9475 - Draft Candidate Conservation Agreement With Assurances, Receipt of Application for an Enhancement of Survival Permit for the Greater Sage-Grouse on Oregon Department of State Lands, and Draft Environmental Assessment
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 35 (February 23, 2015)
Fish and Wildlife Service
Federal Register Volume 80, Issue 35 (February 23, 2015)
| Page Range | 9475-9477 | |
| FR Document | 2015-03565 |
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)] [Notices] [Pages 9475-9477] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03565] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2015-N007; FXES11120100000-156-FF01E00000] Draft Candidate Conservation Agreement With Assurances, Receipt of Application for an Enhancement of Survival Permit for the Greater Sage-Grouse on Oregon Department of State Lands, and Draft Environmental Assessment AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have received an application from the Oregon Department of State Lands (DSL) for an enhancement of survival (EOS) permit under the Endangered Species Act of 1973, as amended (ESA). The permit application includes a draft candidate conservation agreement with assurances (CCAA) for the greater sage-grouse, addressing rangeland management activities on Oregon State Trust Lands administered by DSL. The Service also announces the availability of a draft environmental assessment (EA), prepared pursuant to the National Environmental Policy Act of 1969 (NEPA), addressing the proposed CCAA and issuance of an EOS permit. We invite comments from all interested parties on the application, including the draft CCAA and the draft EA. DATES: To ensure consideration, written comments must be received from interested parties no later than March 25, 2015. ADDRESSES: To request further information or submit written comments, please use one of the following methods, and note that your information request or comments are in reference to the DSL CCAA.Internet: Documents may be viewed on the Internet at http://www.fws.gov/oregonfwo/. Email: [email protected]. Include ``DSL CCAA'' in the subject line of the message. U.S. Mail: U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Ave., Suite 100, Portland, OR 97266. Fax: 503-231-6195, Attn: DSL CCAA. In-Person Viewing or Pickup: Documents will be available for public inspection by appointment during normal business hours at the U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Ave., Suite 100, Portland, OR. FOR FURTHER INFORMATION CONTACT: Jeff Everett or Jennifer Siani, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office (see ADDRESSES), telephone: 503-231-6179. If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: We have received an application from DSL for an EOS permit under section 10(a)(1)(A) the ESA for incidental take of sage-grouse (Centrocercus urophasianus). The permit application includes a draft [[Page 9476]] CCAA prepared by the Service and the DSL to conserve the greater sage- grouse and its habitat on Oregon State Trust lands administered by DSL. Background Information Private and other non-Federal property owners are encouraged to enter into CCAAs, in which they voluntarily undertake management activities on their properties to enhance, restore, or maintain habitat benefiting species that are proposed for listing under the ESA, candidates for listing, or species that may become candidates or proposed for listing. Through a CCAA and its associated EOS permit, the Service provides assurances to property owners that they will not be subjected to increased land use restrictions if the covered species become listed under the ESA in the future, provided certain conditions are met. Application requirements and issuance criteria for EOS permits for CCAAs are found in the Code of Federal Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d), respectively. See also our joint policy on CCAAs, which we published in the Federal Register with the Department of Commerce's National Oceanic and Atmospheric Administration, National Marine Fisheries Service (64 FR 32726; June 17, 1999). On March 23, 2010, the Service determined that listing the greater sage-grouse under the ESA (16 U.S.C. 1538) was warranted, but precluded by the need to address higher priority species first. In anticipation of the potential listing of sage-grouse under the ESA, the DSL requested assistance from the Service in developing a sage-grouse CCAA for rangeland management activities on Oregon State Trust lands. Proposed Action The Service proposes to approve the draft CCAA and to issue an EOS permit, both with a term of 30 years, to the DSL for incidental take of greater sage-grouse caused by covered activities, if permit issuance criteria are met. Covered activities on DSL lands would include sage- grouse conservation, rangeland treatments, livestock management, recreation, and existing agricultural operations. Covered activities may be conducted by DSL or their authorized agents including lessees of DSL lands. The area covered under the proposed CCAA is approximately 633,000 acres of Oregon State Trust Lands located in Baker, Crook, Deschutes, Grant, Harney, Lake, Malheur, and Union Counties, Oregon. The covered lands encompass approximately 380,705 acres of low-density sage-grouse habitat (or preliminary general habitat/PGH) and approximately 153,107 acres of core area sage-grouse habitat (or preliminary priority habitat/PPH). Sage-grouse currently use habitats on these lands for lekking (communal breeding displays), late-brood rearing, and wintering. The draft CCAA describes all of the threats to sage-grouse that have been identified on the covered lands, including: Loss and fragmentation of sagebrush habitat; large wildfires, as well as lack of fire in some areas; encroachment of junipers and other conifers; improper grazing; invasive plants; vegetation treatments that reduce or degrade sagebrush habitat; degradation of riparian areas; drought, as well as catastrophic flooding; disturbance from recreation and other activities; predation; West Nile virus; wild horses and burros; and insecticide use. The CCAAs also describe conservation measures the DSL would implement to address each threat. Under the CCAA, the DSL would prepare a Sage Grouse Habitat Assessment (SGHA), which would serve as a site-specific plan, for each land parcel under DSL administration. The SGHA would include conservation measures from the draft CCAA that would address all threats occurring on that parcel of land. The Service will review submitted SGHAs and approve them through a letter of concurrence if the SGHAs are consistent with the CCAA, EOS permit terms and conditions, and the CCAA standard. Should the sage-grouse become listed, take authorization would be effective once a minimum of 25 percent of the covered lands have completed and approved SGHAs. The amount of incidental take authorized will be proportional to the acres of habitat where SGHAs are being properly implemented. DSL staff will implement many of the conservation measures identified in the SGHAs, but measures directly related to grazing operations may be included as lessee responsibilities in their annual operating plans. National Environmental Policy Act Compliance Approval of a CCAA and issuance of an EOS permit are Federal actions that trigger the need for compliance with NEPA. Pursuant to NEPA, we have prepared a draft EA to analyze the environmental impacts related to the issuance of an EOS permit for sage-grouse and implementation of the conservation measures under the proposed CCAA. The EA analyses two alternatives: The proposed action, which is described above, and the ``no action'' alternative. Under the no action alternative, the Service would not enter into the CCAA with DSL, nor issue the EOS permit. The Service also considered, but did not analyze in detail, two additional alternatives. The first of these would have required DSL to implement all grazing CMs immediately upon approval of the CCAA. This alternative was rejected, because immediate implementation would have to proceed prior to having the benefit of the completed SGHAs. The second additional alternative was a substantial reduction in the amount of cattle grazing on DSL lands. This alternative was rejected because it would be contrary to the economic purposes of State Trust Lands and could eventually lead to lands being used for other purposes less compatible with conservation of sage- grouse habitat. Public Comments You may submit your comments and materials by one of the methods listed in the ADDRESSES section. We request data, information, opinions, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on our proposed permit action. We particularly seek comments on the following: (1) Biological information and relevant data concerning the greater sage-grouse; (2) current or planned activities in the subject area and their possible impacts on the greater sage- grouse; (3) identification of any other environmental issues that should be considered with regard to the proposed permit action; and (4) information regarding the adequacy of the draft CCAA pursuant to the requirements for permits at 50 CFR parts 13 and 17. Public Availability of Comments All comments and materials we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personally identifiable information (PII) in your comments, you should be aware that your entire comment--including your PII--may be made publicly available at any time. While you can ask us in your comment to withhold your PII from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we use in preparing the EA, will be available for public inspection by appointment, during normal business hours, at our Oregon Fish and Wildlife Office (see ADDRESSES). [[Page 9477]] Next Steps After completion of the EA based on consideration of public comments, we will determine whether adoption of the proposed CCAA warrants a finding of no significant impact or whether an environmental impact statement should be prepared. We will evaluate the proposed CCAA as well as any comments we receive, to determine whether implementation of the proposed CCAA would meet the requirements for issuance of an EOS permit under section 10(a)(1)(A) of the ESA. We will also evaluate whether the proposed permit action would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation. We will consider the results of this consultation, in combination with the above findings, in our final analysis to determine whether or not to issue an EOS permit to the DSL. We will not make our final decision until after the end of the 30-day public comment period, and we will fully consider all comments we receive during the public comment period. 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 (42 U.S.C. 4321 et seq.) and their implementing regulations (50 CFR 17.22 and 40 CFR 1506.6, respectively). Dated: February 10, 2015. Richard Hannan, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service, Portland, Oregon. [FR Doc. 2015-03565 Filed 2-20-15; 8:45 am] BILLING CODE 4310-55-P
![Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices 9475
Permit No. TE–56489B southwestern willow flycatcher ACTION:Notice of availability; request
(Empidonax traillii extimus), and take for comments.
Applicant: Jonathan T. Koehler, Napa,
(locate and monitor nests) the least
California SUMMARY: We, the U.S. Fish and
Bell’s vireo (Vireo bellii pusillus) in
The applicant requests a permit to conjunction with surveys and Wildlife Service (Service), have received
take (live-capture, handle, remove/ population monitoring activities an application from the Oregon
relocate, and release) the California throughout the range of the species in Department of State Lands (DSL) for an
freshwater shrimp (Syncaris pacifica) in California for the purpose of enhancing enhancement of survival (EOS) permit
conjunction with survey, population the species’ survival. under the Endangered Species Act of
monitoring, and restoration activities in 1973, as amended (ESA). The permit
Napa County, California, for the purpose Permit No. TE–787037 application includes a draft candidate
of enhancing the species’ survival. Applicant: Marie Simovich, San Diego, conservation agreement with assurances
California (CCAA) for the greater sage-grouse,
Permit No. TE–15544A addressing rangeland management
The applicant requests a permit activities on Oregon State Trust Lands
Applicant: Christine L. Beck, San Diego,
amendment to take (collect cysts, administered by DSL. The Service also
California
juveniles, and adults) the San Diego announces the availability of a draft
The applicant requests a permit fairy shrimp (Branchinecta environmental assessment (EA),
renewal to take (locate and monitor sandiegonensis) in conjunction with prepared pursuant to the National
nests) the least Bell’s vireo (Vireo bellii voucher collection, species Environmental Policy Act of 1969
pusillus), and take (survey, locate and identification, and genetic analysis in (NEPA), addressing the proposed CCAA
monitor nests, capture, handle, band, San Diego County, California, for the and issuance of an EOS permit. We
and release) the California least tern purpose of enhancing the species’ invite comments from all interested
(Sternula antillarum browni) (Sterna a. survival. parties on the application, including the
browni) in conjunction with surveys and
Public Comments draft CCAA and the draft EA.
population monitoring activities
throughout the range of the species in We invite public review and comment DATES: To ensure consideration, written
California for the purpose of enhancing on each of these recovery permit comments must be received from
the species’ survival. applications. Comments and materials interested parties no later than March
we receive will be available for public 25, 2015.
Permit No. TE–824123 ADDRESSES: To request further
inspection, by appointment, during
Applicant: SWCA Environmental normal business hours at the address information or submit written
Consultants, San Luis Obispo, California listed in the ADDRESSES section of this comments, please use one of the
notice. following methods, and note that your
The applicant requests a permit
Before including your address, phone information request or comments are in
renewal to take (locate, handle, remove/
number, email address, or other reference to the DSL CCAA.
relocate, and release) the Morro
personal identifying information in your • Internet: Documents may be viewed
shoulderband snail (Helminthoglypta
comment, you should be aware that on the Internet at http://www.fws.gov/
walkeriana) in conjunction with survey
your entire comment—including your oregonfwo/.
and habitat enhancement activities, and • Email: Jeff_Everett@fws.gov. Include
a permit amendment to take (survey, personal identifying information—may
be made publicly available at any time. ‘‘DSL CCAA’’ in the subject line of the
capture, handle, and release) the giant message.
kangaroo rat (Dipodomys ingens), While you can ask us in your comment
to withhold your personal identifying • U.S. Mail: U.S. Fish and Wildlife
Tipton kangaroo rat (Dipodomys Service, Oregon Fish and Wildlife
nitratoides nitratoides), and Fresno information from public review, we
cannot guarantee that we will be able to Office, 2600 SE 98th Ave., Suite 100,
kangaroo rat (Dipodomys nitratoides Portland, OR 97266.
exilis) in conjunction with survey and do so.
• Fax: 503–231–6195, Attn: DSL
population monitoring activities Michael Long, CCAA.
throughout the range of the species in Acting Regional Director, Pacific Southwest • In-Person Viewing or Pickup:
California for the purpose of enhancing Region, Sacramento, California. Documents will be available for public
the species’ survival. [FR Doc. 2015–03600 Filed 2–20–15; 8:45 am] inspection by appointment during
Permit No. TE–057065B BILLING CODE 4310–55–P normal business hours at the U.S. Fish
and Wildlife Service, Oregon Fish and
Applicant: Steven G. Morris, Wildlife Office, 2600 SE 98th Ave.,
Huntington Beach, California DEPARTMENT OF THE INTERIOR Suite 100, Portland, OR.
The applicant requests a permit to FOR FURTHER INFORMATION CONTACT: Jeff
take (harass by survey) the southwestern Fish and Wildlife Service
Everett or Jennifer Siani, U.S. Fish and
willow flycatcher (Empidonax traillii [FWS–R1–ES–2015–N007; Wildlife Service, Oregon Fish and
extimus) in conjunction with survey FXES11120100000–156–FF01E00000] Wildlife Office (see ADDRESSES),
activities throughout the range of the telephone: 503–231–6179. If you use a
species in California for the purpose of Draft Candidate Conservation telecommunications device for the deaf,
enhancing the species’ survival. Agreement With Assurances, Receipt please call the Federal Information
Rmajette on DSK2VPTVN1PROD with NOTICES
of Application for an Enhancement of Relay Service at 800–877–8339.
Permit No. TE–082233 Survival Permit for the Greater Sage-
SUPPLEMENTARY INFORMATION: We have
Applicant: Marcus C. England, Los Grouse on Oregon Department of State
Lands, and Draft Environmental received an application from DSL for an
Angeles, California EOS permit under section 10(a)(1)(A)
Assessment
The applicant requests a permit the ESA for incidental take of sage-
amendment to take (harass by survey, AGENCY: Fish and Wildlife Service, grouse (Centrocercus urophasianus).
locate and monitor nests) the Interior. The permit application includes a draft
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![Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices 9477
Next Steps Conservation Plan (HCP) addressing or degradation that results in death or
After completion of the EA based on private land management activities injury to listed species by significantly
consideration of public comments, we within upland prairie in Yamhill impairing essential behavioral patterns,
will determine whether adoption of the County, Oregon, that may result in the including breeding, feeding, or
proposed CCAA warrants a finding of incidental take of the federally sheltering (50 CFR 17.3). The term
no significant impact or whether an endangered Fender’s blue butterfly. The ‘‘harass’’ is defined in our regulations as
environmental impact statement should Service also announces the availability to carry out actions that create the
be prepared. We will evaluate the of a draft environmental assessment likelihood of injury to listed species to
proposed CCAA as well as any (EA) addressing the proposed HCP and such an extent as to significantly disrupt
comments we receive, to determine issuance of a permit that was prepared normal behavioral patterns, which
whether implementation of the in accordance with the National include, but are not limited to, breeding,
proposed CCAA would meet the Environmental Policy Act of 1969, as feeding, or sheltering (50 CFR 17.3).
requirements for issuance of an EOS amended (NEPA). We invite comments Under specified circumstances, the
permit under section 10(a)(1)(A) of the from all interested parties on the permit Service may issue permits that authorize
ESA. We will also evaluate whether the application, including the HCP and the take of federally listed species, provided
proposed permit action would comply EA. the take is incidental to, but not the
with section 7 of the ESA by conducting DATES: Written comments on the HCP purpose of, an otherwise lawful activity.
an intra-Service section 7 consultation. and the EA must be received from Regulations governing permits for
We will consider the results of this interested parties no later than March endangered and threatened species are
consultation, in combination with the 25, 2015. at 50 CFR 17.22 and 17.32, respectively.
above findings, in our final analysis to ADDRESSES: To request further Section 10(a)(1)(B) of the ESA contains
determine whether or not to issue an information or submit written provisions for issuing such incidental
EOS permit to the DSL. We will not comments, please use one of the take permits to non-Federal entities for
make our final decision until after the following methods, and note that your the take of endangered and threatened
end of the 30-day public comment information request or comments are in species, provided the following criteria
period, and we will fully consider all reference to the Yamhill SWCD HCP. are met:
comments we receive during the public • Internet: Documents may be viewed (1) The taking will be incidental;
comment period. on the Internet at http://www.fws.gov/ (2) The applicant will prepare a
oregonfwo/ToolsForLandowners/ conservation plan that, to the maximum
Authority HabitatConservationPlans/. extent practicable, identifies the steps
We provide this notice in accordance • Email: OFWOcomment@fws.gov. the applicant will take to minimize and
with the requirements of section 10 of Include ‘‘Yamhill SWCD HCP’’ in the mitigate the impact of such taking;
the ESA (16 U.S.C. 1531 et seq.), and subject line of the message or (3) The applicant will ensure that
NEPA (42 U.S.C. 4321 et seq.) and their comments. adequate funding for the plan will be
implementing regulations (50 CFR 17.22 • U.S. Mail: State Supervisor, U.S. provided;
and 40 CFR 1506.6, respectively). Fish and Wildlife Service, 2600 SE 98th (4) The taking will not appreciably
Ave., Suite 100, Portland, OR 97266. reduce the likelihood of the survival
Dated: February 10, 2015.
• Fax: 503–231–6195, Attn: Yamhill and recovery of the species in the wild;
Richard Hannan,
SWCD HCP. and
Deputy Regional Director, Pacific Region, U.S. • In-Person Viewing or Pickup: (5) The applicant will carry out any
Fish and Wildlife Service, Portland, Oregon. Comments and materials received will other measures that the Service may
[FR Doc. 2015–03565 Filed 2–20–15; 8:45 am] be available for public inspection, by require as being necessary or
BILLING CODE 4310–55–P appointment, during normal business appropriate for the purposes of the plan.
hours at the U.S. Fish and Wildlife
Service, 2600 SE 98th Ave., Suite 100, Proposed Action
DEPARTMENT OF THE INTERIOR Portland, OR 97266. The Service proposes to approve the
Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: HCP and to issue a permit, both with a
Richard Szlemp, U.S. Fish and Wildlife term of 50 years, to the SWCD for
[FWS–R1–ES–2015–N001; Service (see ADDRESSES), telephone: incidental take of the federally
FXES11120100000F2–156–FF01E00000] 503–231–6179; facsimile: 503–231– endangered Fender’s blue butterfly
6195. If you use a telecommunications (Icaricia icarioides fenderi) caused by
Draft Environmental Assessment and
device for the deaf, please call the covered activities, if permit issuance
Draft Habitat Conservation Plan for the
Federal Information Relay Service at criteria are met. The permit would allow
Fender’s Blue Butterfly on Private
800–877–8339. the SWCD to issue certificates of
Lands in Yamhill County, Oregon
SUPPLEMENTARY INFORMATION: inclusion to private landowners wanting
AGENCY: Fish and Wildlife Service, coverage under the HCP for incidental
Interior. Background take of the Fender’s blue butterfly.
ACTION: Notice of availability; request Section 9 of the ESA (16 U.S.C. 1531 Private landowners who wish to be
for comment. et seq.) prohibits the take of fish and covered under the permit may apply for
wildlife species listed as endangered or a certificate of inclusion to the permit
SUMMARY: We, the U.S. Fish and threatened under section 4 of the ESA. after signing a cooperative agreement
Rmajette on DSK2VPTVN1PROD with NOTICES
Wildlife Service (Service), have received Under the ESA, the term ‘‘take’’ means with the SWCD. This will allow
an application from the Yamhill Soil to harass, harm, pursue, hunt, shoot, landowners within identified butterfly
and Water Conservation District (SWCD) wound, kill, trap, capture, or collect, or habitat in Yamhill County to continue to
for an incidental take permit (permit) to attempt to engage in any such perform otherwise lawful activities that
under the Endangered Species Act of conduct (16 U.S.C. 1532(19)). The term have the potential to impact the
1973, as amended (ESA). The permit ‘‘harm,’’ as defined in our regulations, Fender’s blue butterfly. To compensate
application includes a draft Habitat includes significant habitat modification for take impacts, the SWCD will work
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Document Created: 2015-12-18 13:28:52
Document Modified: 2015-12-18 13:28:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | To ensure consideration, written comments must be received from interested parties no later than March 25, 2015. | |
| Contact | Jeff Everett or Jennifer Siani, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office (see | |
| FR Citation | 80 FR 9475 |
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