81 FR 10269 - Draft Programmatic Candidate Conservation Agreement With Assurances, Draft Environmental Assessment, and Receipt of Application for Enhancement of Survival Permit for the Fisher in Western Washington
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 39 (February 29, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 39 (February 29, 2016)
| Page Range | 10269-10271 | |
| FR Document | 2016-04294 |
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)] [Notices] [Pages 10269-10271] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04294] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2016-N019; FXES11120100000-167-FF01E00000] Draft Programmatic Candidate Conservation Agreement With Assurances, Draft Environmental Assessment, and Receipt of Application for Enhancement of Survival Permit for the Fisher in Western Washington AGENCY: Fish and Wildlife Service, Interior. ACTION: Receipt of application; notice of availability and request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an application from the Washington Department of Fish and Wildlife (WDFW) for an enhancement of survival (EOS) permit under the Endangered Species Act of 1973, as amended (ESA). The permit application includes a draft programmatic candidate conservation agreement with assurances (CCAAs) for the fisher in western Washington. The Service also announces the availability of a draft environmental assessment (EA) addressing the draft CCAA and issuance of the requested EOS permit in accordance with the National Environmental Policy Act of 1969, as amended (NEPA). We invite comments from all interested parties on the application, the draft CCAA, and the draft EA. DATES: To ensure consideration, written comments must be received from interested parties by March 30, 2016. 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 ``Fisher CCAA.''Internet: You may view or download copies of the draft CCAA and the draft EA and obtain additional information on the Internet at http://www.fws.gov/wafwo/. Email: [email protected]. Include ``Fisher CCAA'' in the subject line of the message or comments. U.S. Mail: Tim Romanski, U.S. Fish and Wildlife Service; Washington Fish and Wildlife Office; 510 Desmond Drive SE., Suite 102; Lacey, WA 98503. In-Person Drop-off, Viewing or Pickup: Please call 360- 753-5823 to make an appointment (necessary for viewing or picking up documents only) during normal business hours at the U.S. Fish and Wildlife Service; Washington Fish and Wildlife Office; 510 Desmond Drive SE., Suite 102; Lacey, WA 98503. Written comments can be dropped off during regular business hours at the above address on or before the closing date of the public comment period (see DATES). FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning and Hydropower Branch Manager, U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office (see ADDRESSES); telephone: 360- 753-5823. If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800-877-8339. [[Page 10270]] SUPPLEMENTARY INFORMATION: We received an application from the Washington Department of Fish and Wildlife (WDFW) for an enhancement of survival (EOS) permit under section 10(a)(1)(A) of the ESA for incidental take of the fisher (Pekania pennanti), a species currently considered a candidate for listing as threatened or endangered under the ESA. The permit application includes a draft programmatic candidate conservation agreement with assurances (CCAAs) for the fisher in western Washington. The Service also announces the availability of a draft environmental assessment (EA) addressing the draft CCAA and issuance of the requested EOS permit in accordance with NEPA (42 U.S.C. 4321 et seq.). We invite comments from all interested parties on the application, the draft CCAA, and the draft EA. The application includes a CCAA covering fisher and its habitat on private lands in western Washington. The Service and WDFW prepared the CCAA to provide non-Federal landowners with the opportunity to voluntarily conserve the fisher and its habitat while carrying out specific land management activities commonly practiced on forest lands, as defined in the Washington State Forest Practices Act as of February 1, 2015. Covered activities include but are not limited to timber harvest, reforestation, road and trail construction, water crossing structure construction, and other forest practice hydraulic projects, transport of timber and rock, site preparation, collection of minor forest products, fire suppression, and recreation, as defined in the draft CCAA. Background 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. EOS permits are issued to applicants in association with approved CCAAs to authorize incidental take of the covered species from covered activities, should the species become listed. 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 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 April 8, 2004, the Service published a 12-month status review (69 FR 18769) finding that listing the West Coast Distinct Population Segment (DPS) of fisher as threatened or endangered under the ESA (16 U.S.C. 1538) was warranted, but precluded by higher priority actions. On October 7, 2014, we published a proposed rule (79 FR 60419) to list the West Coast DPS of fisher as threatened under the ESA. Due to substantial disagreement regarding available information, the Service issued a 6-month extension to collect and review additional information and make a final determination (80 FR 19953). A regulation implementing the proposed rule or a notice that the proposed regulation is being withdrawn will be issued no later than April 7, 2016. In anticipation of the potential listing of fisher under the ESA, WDFW requested assistance from the Service in developing a CCAA on behalf of private landowners in western Washington. Proposed Action The Proposed Action Alternative is the issuance of the requested EOS permit with a 20-year term based on WDFW's commitment to implement the proposed CCAA including issuance of Certificates of Inclusion (CI) to participating non-Federal landowners. The proposed CCAA would implement conservation measures that contribute to the recovery of the fisher. Take authorization would become effective if the species becomes listed, as long as the enrolled landowner is in compliance with the terms and conditions of the CCAA, CI, and the EOS permit. The CCAA, the ESO permit, and the CIs would provide incentives for non-Federal landowners to participate in conservation efforts expected to support reintroduction of the fisher within the western portions of its historical range in Washington. National Environmental Policy Act Compliance Approval of a programmatic CCAA and issuance of the associated EOS permit are Federal actions that trigger the need for compliance with NEPA. Pursuant to NEPA, we prepared a draft EA to analyze the environmental impacts related to the issuance of the requested EOS permit and implementation of the associated programmatic CCAA. The EA analyses two alternatives: A ``No-action'' alternative, and the proposed action. No-action alternative: Under the No-action alternative, the Service would not issue the requested EOS permit and the proposed CCAA would not be implemented. Under this alternative, WDFW would not enroll landowners in the CCAA and no voluntary conservation measures would be implemented. WDFW would likely continue their efforts to recover fishers in the State, focusing on the protection and monitoring of previously reintroduced individuals. Non-Federal landowners would not receive assurances that additional conservation measures or any additional land, water, or resource use restrictions could be required if the covered species becomes listed as threatened or endangered under the ESA. Proposed action alternative: The proposed action alternative is a programmatic approach, in which the Service would issue the requested EOS permit with a 20-year term to WDFW. The WDFW would implement the proposed CCAA including issuance of CIs to participating non-Federal landowners. The proposed CCAA provides conservation measures that would contribute to the recovery of the fisher while providing coverage exempting take that may occur incidental to activities covered under the CCAA if the species becomes listed. Public Comments You may submit your comments by one of the methods listed in the ADDRESSES section. We specifically request information, views, opinions, or suggestions from the public on our proposed Federal action, including identification of any other aspects of the human environment not already identified in the EA pursuant to NEPA regulations at 40 CFR 1506.6. Further, we specifically solicit information regarding the adequacy of the draft CCAA pursuant to the requirements for permits at 50 CFR parts 13 and 17, and information and comments regarding the following issues: 1. The direct, indirect, and cumulative effects that implementation of the CCAA could have on endangered and threatened species; 2. Other reasonable alternatives consistent with the purpose of the proposed CCAA as described above, and their associated effects; 3. Measures that would minimize and mitigate potentially adverse effects of the proposed action; [[Page 10271]] 4. Identification of any impacts on the human environment that should have been analyzed in the draft EA pursuant to NEPA; 5. Other plans or projects that might be relevant to this action; 6. The proposed term of the enhancement of survival permit; and 7. Any other information pertinent to evaluating the effects of the proposed action on the human environment. 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 in your comments, you should be aware that your entire comment--including your personally identifiable information--may be made publicly available at any time. While you can ask us in your comment to withhold your personally identifiable information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Comments and materials we receive, as well as supporting documentation we used in preparing the draft EA, will be available for public inspection by appointment, during normal business hours, at our Washington Fish and Wildlife Office (see ADDRESSES). Next Steps After completion of the EA based on consideration of public comments, we will determine whether approval and implementation of the draft programmatic CCAA warrants a finding of no significant impact or whether an environmental impact statement should be prepared pursuant to NEPA. We will evaluate the programmatic CCAA, the permit application, associated documents, and any comments we receive to determine if the permit application meets the criteria 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 WDFW. We will not make the final NEPA and permit decisions until after the end of the 30-day public comment period described in this notice, and we will fully consider all comments we receive during the public comment period. If we determine that the permit issuance requirements are met, the Service will issue an EOS permit to WDFW. The WDFW would then begin enrolling non-Federal landowners that agree to implement the actions described in the CCAA in order to receive coverage for incidental take of fisher in western Washington under the WDFW EOS permit if the species becomes listed under the ESA. 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, 2016. Stephen Zylstra, Acting Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service, Portland, Oregon. [FR Doc. 2016-04294 Filed 2-26-16; 8:45 am] BILLING CODE 4333-15-P
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directed to the OMB USCIS Desk Officer other forms of information technology, ACTION: Receipt of application; notice of
via email at oira_submission@ e.g., permitting electronic submission of availability and request for comments.
omb.eop.gov. Comments may also be responses.
submitted via fax at (202) 395–5806 SUMMARY: We, the U.S. Fish and
Overview of This Information Wildlife Service (Service), received an
(This is not a toll-free number). All Collection
submissions received must include the application from the Washington
agency name and the OMB Control (1) Type of Information Collection Department of Fish and Wildlife
Number 1615–0014. Request: Revision of a Currently (WDFW) for an enhancement of survival
You may wish to consider limiting the Approved Collection. This is a change (EOS) permit under the Endangered
amount of personal information that you from the type of collection indicated in Species Act of 1973, as amended (ESA).
provide in any voluntary submission the 60-day Federal Register Notice The permit application includes a draft
you make. For additional information published December 30, 2015 at 80 FR programmatic candidate conservation
please read the Privacy Act notice that 81556. agreement with assurances (CCAAs) for
is available via the link in the footer of (2) Title of the Form/Collection: the fisher in western Washington. The
http://www.regulations.gov. Affidavit of Support. Service also announces the availability
(3) Agency form number, if any, and of a draft environmental assessment
FOR FURTHER INFORMATION CONTACT:
the applicable component of the DHS (EA) addressing the draft CCAA and
USCIS, Office of Policy and Strategy, sponsoring the collection: I–134; USCIS.
Regulatory Coordination Division, issuance of the requested EOS permit in
(4) Affected public who will be asked accordance with the National
Samantha Deshommes, Acting Chief, 20 or required to respond, as well as a brief
Massachusetts Avenue NW., Environmental Policy Act of 1969, as
abstract: Primary: Individuals or amended (NEPA). We invite comments
Washington, DC 20529–2140, households. This information collection
Telephone number (202) 272–8377 from all interested parties on the
is necessary to determine if at the time application, the draft CCAA, and the
(This is not a toll-free number. of application into the United States, the
Comments are not accepted via draft EA.
applicant is likely to become a public
telephone message). Please note contact DATES: To ensure consideration, written
charge.
information provided here is solely for (5) An estimate of the total number of comments must be received from
questions regarding this notice. It is not respondents and the amount of time interested parties by March 30, 2016.
for individual case status inquiries. estimated for an average respondent to ADDRESSES: To request further
Applicants seeking information about respond: The estimated total number of information or submit written
the status of their individual cases can respondents for the information comments, please use one of the
check Case Status Online, available at collection I–134 is 18,460 and the following methods, and note that your
the USCIS Web site at http:// estimated hour burden per response is information request or comments are in
www.uscis.gov, or call the USCIS 1.5 hours. reference to the ‘‘Fisher CCAA.’’
National Customer Service Center at (6) An estimate of the total public • Internet: You may view or
(800) 375–5283; TTY (800) 767–1833. burden (in hours) associated with the download copies of the draft CCAA and
SUPPLEMENTARY INFORMATION: collection: The total estimated annual the draft EA and obtain additional
hour burden associated with this information on the Internet at http://
Comments
collection is 27,690 hours. www.fws.gov/wafwo/.
You may access the information (7) An estimate of the total public • Email: wfwocomments@fws.gov.
collection instrument with instructions, burden (in cost) associated with the Include ‘‘Fisher CCAA’’ in the subject
or additional information by visiting the collection: The total estimated annual line of the message or comments.
Federal eRulemaking Portal site at: cost burden associated with this
• U.S. Mail: Tim Romanski, U.S. Fish
http://www.regulations.gov and enter collection is $69,225.
and Wildlife Service; Washington Fish
USCIS–2006–0072 in the search box.
Samantha Deshommes, and Wildlife Office; 510 Desmond Drive
Written comments and suggestions from
Acting Chief, Regulatory Coordination SE., Suite 102; Lacey, WA 98503.
the public and affected agencies should
address one or more of the following
Division, Office of Policy and Strategy, U.S. • In-Person Drop-off, Viewing or
Citizenship and Immigration Services, Pickup: Please call 360–753–5823 to
four points: Department of Homeland Security.
(1) Evaluate whether the proposed make an appointment (necessary for
[FR Doc. 2016–04089 Filed 2–26–16; 8:45 am] viewing or picking up documents only)
collection of information is necessary
for the proper performance of the
BILLING CODE 9111–97–P during normal business hours at the
functions of the agency, including U.S. Fish and Wildlife Service;
whether the information will have Washington Fish and Wildlife Office;
practical utility; DEPARTMENT OF THE INTERIOR 510 Desmond Drive SE., Suite 102;
(2) Evaluate the accuracy of the Lacey, WA 98503. Written comments
Fish and Wildlife Service can be dropped off during regular
agency’s estimate of the burden of the
proposed collection of information, [FWS–R1–ES–2016–N019; business hours at the above address on
including the validity of the FXES11120100000–167–FF01E00000] or before the closing date of the public
methodology and assumptions used; comment period (see DATES).
Draft Programmatic Candidate
(3) Enhance the quality, utility, and FOR FURTHER INFORMATION CONTACT: Tim
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Conservation Agreement With
clarity of the information to be Romanski, Conservation Planning and
Assurances, Draft Environmental
collected; and Hydropower Branch Manager, U.S. Fish
Assessment, and Receipt of
(4) Minimize the burden of the and Wildlife Service, Washington Fish
Application for Enhancement of
collection of information on those who and Wildlife Office (see ADDRESSES);
Survival Permit for the Fisher in
are to respond, including through the telephone: 360–753–5823. If you use a
Western Washington
use of appropriate automated, telecommunications device for the deaf,
electronic, mechanical, or other AGENCY: Fish and Wildlife Service, please call the Federal Information
technological collection techniques or Interior. Relay Service at 800–877–8339.
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4. Identification of any impacts on the described in this notice, and we will to the respective permit number for each
human environment that should have fully consider all comments we receive application when submitting comments.
been analyzed in the draft EA pursuant during the public comment period. FOR FURTHER INFORMATION CONTACT:
to NEPA; If we determine that the permit Susan Jacobsen, Chief, Division of
5. Other plans or projects that might issuance requirements are met, the Classification and Restoration, by U.S.
be relevant to this action; Service will issue an EOS permit to mail at P.O. Box 1306, Albuquerque,
6. The proposed term of the WDFW. The WDFW would then begin NM 87103; or by telephone at 505–248–
enhancement of survival permit; and enrolling non-Federal landowners that 6920.
7. Any other information pertinent to agree to implement the actions SUPPLEMENTARY INFORMATION: The Act
evaluating the effects of the proposed described in the CCAA in order to (16 U.S.C. 1531 et seq.) prohibits
action on the human environment. receive coverage for incidental take of activities with endangered and
Public Availability of Comments fisher in western Washington under the threatened species unless a Federal
WDFW EOS permit if the species permit allows such activities. Along
All comments and materials we
becomes listed under the ESA. with our implementing regulations in
receive become part of the public record
associated with this action. Before Authority the Code of Federal Regulations (CFR) at
including your address, phone number, 50 CFR 17, the Act provides for permits,
We provide this notice in accordance and requires that we invite public
email address, or other personally with the requirements of section 10 of
identifiable information in your comment before issuing these permits.
the ESA (16 U.S.C. 1531 et seq.), and A permit granted by us under section
comments, you should be aware that
NEPA (42 U.S.C. 4321 et seq.) and their 10(a)(1)(A) of the Act authorizes
your entire comment—including your
implementing regulations (50 CFR 17.22 applicants to conduct activities with
personally identifiable information—
and 40 CFR 1506.6, respectively). U.S. endangered or threatened species
may be made publicly available at any
time. While you can ask us in your Dated: February 10, 2016. for scientific purposes, enhancement of
comment to withhold your personally Stephen Zylstra, survival or propagation, or interstate
identifiable information from public Acting Deputy Regional Director, Pacific commerce. Our regulations regarding
review, we cannot guarantee that we Region, U.S. Fish and Wildlife Service, implementation of section 10(a)(1)(A)
will be able to do so. All submissions Portland, Oregon. permits are found at 50 CFR 17.22 for
from organizations or businesses, and [FR Doc. 2016–04294 Filed 2–26–16; 8:45 am] endangered wildlife species, 50 CFR
from individuals identifying themselves BILLING CODE 4333–15–P
17.32 for threatened wildlife species, 50
as representatives or officials of CFR 17.62 for endangered plant species,
organizations or businesses, will be and 50 CFR 17.72 for threatened plant
made available for public disclosure in DEPARTMENT OF THE INTERIOR species.
their entirety. Comments and materials Applications Available for Review and
we receive, as well as supporting Fish and Wildlife Service
Comment
documentation we used in preparing the [FWS–R2–ES–2016–N003; We invite local, State, Tribal, and
draft EA, will be available for public FXES11130200000–167–FF02ENEH00] Federal agencies and the public to
inspection by appointment, during comment on the following applications.
normal business hours, at our Endangered and Threatened Species
Permit Applications Please refer to the appropriate permit
Washington Fish and Wildlife Office number (e.g., Permit No. TE–123456)
(see ADDRESSES). when requesting application documents
AGENCY: Fish and Wildlife Service,
Next Steps Interior. and when submitting comments.
After completion of the EA based on ACTION: Notice of receipt of applications; Documents and other information the
consideration of public comments, we request for public comment. applicants have submitted with these
will determine whether approval and applications are available for review,
implementation of the draft SUMMARY: We, the U.S. Fish and subject to the requirements of the
programmatic CCAA warrants a finding Wildlife Service, invite the public to Privacy Act (5 U.S.C. 552a) and
of no significant impact or whether an comment on the following applications Freedom of Information Act (5 U.S.C.
environmental impact statement should to conduct certain activities with 552).
be prepared pursuant to NEPA. We will endangered or threatened species. The Permit TE–81811B
evaluate the programmatic CCAA, the Endangered Species Act of 1973, as
amended (Act), prohibits activities with Applicant: Jeremy Henson, Round Rock,
permit application, associated Texas.
documents, and any comments we endangered and threatened species
unless a Federal permit allows such Applicant requests a new permit for
receive to determine if the permit
activities. Both the Act and the National research and recovery purposes to
application meets the criteria for
Environmental Policy Act require that conduct presence/absence surveys for
issuance of an EOS permit under section
we invite public comment before the following species in Arizona, New
10(a)(1)(A) of the ESA. We will also
issuing these permits. Mexico, Texas, and Oklahoma:
evaluate whether the proposed permit • Interior least tern (Sterna
action would comply with section 7 of DATES: To ensure consideration, written
comments must be received on or before antillarum)
the ESA by conducting an intra-Service • northern aplomado falcon (Falco
asabaliauskas on DSK5VPTVN1PROD with NOTICES
section 7 consultation. We will consider March 30, 2016.
femoralis septentrionalis)
the results of this consultation, in ADDRESSES: Susan Jacobsen, Chief, • red-cockaded woodpecker (Picoides
combination with the above findings, in Division of Classification and borealis)
our final analysis to determine whether Restoration, by U.S. mail at Division of • Houston toad (Bufo houstonensis)
or not to issue an EOS permit to WDFW. Classification and Recovery, U.S. Fish • golden-cheeked warbler (Dendroica
We will not make the final NEPA and and Wildlife Service, P.O. Box 1306, chrysoparia)
permit decisions until after the end of Albuquerque, NM 87103; or by • Navasota ladies’-tresses (Spiranthes
the 30-day public comment period telephone at 505–248–6920. Please refer parksii)
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Document Created: 2016-02-27 02:05:10
Document Modified: 2016-02-27 02:05:10
| 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 | Receipt of application; notice of availability and request for comments. | |
| Dates | To ensure consideration, written comments must be received from interested parties by March 30, 2016. | |
| Contact | Tim Romanski, Conservation Planning and Hydropower Branch Manager, U.S. Fish and Wildlife Service, | |
| FR Citation | 81 FR 10269 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR