81 FR 15737 - Proposed Template Candidate Conservation Agreement With Assurances for the Fisher in Oregon and a Draft Environmental Action Statement
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 57 (March 24, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 57 (March 24, 2016)
| Page Range | 15737-15739 | |
| FR Document | 2016-06627 |
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)] [Notices] [Pages 15737-15739] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06627] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2016-N042; FXES11120100000-167-FF01E00000] Proposed Template Candidate Conservation Agreement With Assurances for the Fisher in Oregon and a Draft Environmental Action Statement AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service) has developed a proposed template Candidate Conservation Agreement with Assurances (CCAA) for the West Coast Distinct Population Segment (DPS) of the fisher in Oregon, and proposes to issue enhancement of survival (EOS) permits under the CCAA, pursuant to the Endangered Species Act of 1973, as amended (ESA). The permits would authorize incidental take with assurances to eligible landowners who are willing to enroll in the template CCAA and carry out conservation measures that would benefit the West Coast DPS of the fisher. We request comments from the public on the proposed template CCAA, the issuance of EOS permits, and on the Service's draft Environmental Action Statement (EAS) for our preliminary determination that the CCAA and issuance of EOS permits qualify for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). DATES: To ensure consideration, written comments must be received from interested parties no later than April 25, 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 ``Template Fisher CCAA.''Internet: Documents may be viewed on the Internet at http://www.fws.gov/oregonfwo/. Email: [email protected]. Include ``Template Fisher CCAA'' in the subject line of the message or comments. U.S. Mail: State Supervisor, Oregon Fish and Wildlife Office, U.S. Fish and Wildlife Service; 2600 SE. 98th Avenue, Suite 100; Portland, OR 97266. Fax: 503-231-6195, Attn: Template Fisher CCAA. In-Person Drop-off, Viewing or Pickup: Comments and materials received will be available for public inspection, by appointment (necessary for viewing or picking up documents only), during normal business hours at the Oregon Fish and Wildlife Office, U.S. Fish and Wildlife Service; 2600 SE. 98th Avenue, Suite 100; Portland, OR 97266; telephone 503-231-6179. 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: Jody Caicco, U.S. Fish and Wildlife Service (see ADDRESSES); telephone: 503-231-6179; facsimile: 503-231- 6195. If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Background A CCAA is a voluntary agreement whereby landowners agree to manage their lands to remove or reduce threats to species that may become listed under the ESA (64 FR 32726; June 17, 1999). CCAAs are intended to facilitate the conservation of proposed and candidate species, and species likely to become candidates in the near future by giving non- Federal property owners incentives to implement conservation measures for declining species by providing certainty with regard to land, water, or resource use restrictions that might be imposed should the species later become listed as threatened or endangered under the ESA. In return for managing their lands to the benefit of the covered species, enrolled landowners receive assurances that additional regulatory requirements pertaining to the covered species will not be required if the covered species becomes listed as threatened or endangered under the ESA so long as the CCAA remains in place and is being fully implemented. A CCAA serves as the basis for the Service to issue EOS permits to non-Federal participants pursuant section 10(a)(1)(A) of the ESA. EOS permits are issued to applicants in association with an approved CCAA 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. Because enrollment in a CCAA is voluntary, participating landowners may subsequently choose to discontinue their participation and their ESA section 10(a)1(A) permit coverage would then lapse. 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 that was published in the Federal Register by the Service and the Department of Commerce's National Oceanic and Atmospheric Administration, National Marine Fisheries Service (64 FR 32726; June 17, 1999). Each prospective CCAA participant will need to complete and submit to the Service an ESA section 10(a)1(A) EOS permit application form. 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 the fisher (Pekania pennanti) as threatened or endangered under the ESA (16 U.S.C. 1538) was warranted, but precluded by higher priority actions. On October 7, 2014, the Service published a proposed rule (79 FR 60419) to list the West Coast DPS of the fisher as threatened under the ESA. In that proposed rule, the Service identified habitat loss from wildfire and vegetation management, toxicants (rodenticides), and the cumulative impact of these and other stressors in small populations as threats to the continued existence of the West Coast DPS of the fisher. On April 14, 2015, the Service issued a 6- month extension to [[Page 15738]] the final determination based on substantial disagreement regarding available information (80 FR 19953). The Service will issue a final regulation implementing the proposed rule or a notice that the proposed regulation is being withdrawn by April 7, 2016. The Service's Oregon Fish and Wildlife Office developed the proposed template CCAA on behalf of non-Federal landowners in western Oregon to address some of the threats to the fisher that were identified in the 2014 proposed listing rule. Proposed Action The Service proposes to issue EOS permits pursuant to section 10(a)(1)(A) of the ESA under a proposed template CCAA for the West Coast DPS of the fisher within Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Deschutes, Douglas, Hood, Jackson, Jefferson, Josephine, Klamath, Lane, Linn, Lincoln, Polk, Tillamook, Yamhill, Wasco, and Washington counties, Oregon. The geographic area covered by the proposed CCAA and EOS permits includes the known and potential range of the fisher in those portions of the above listed Oregon counties that contain suitable forested habitat. The term of the proposed CCAA and EOS permits is 30 years. The proposed template CCAA is between the Service and prospective non-Federal landowners and managers (participants) who would voluntarily commit to conservation measures, that when taken together with a sufficient number of other properties, may preclude or remove the need to list the West Coast DPS of the fisher as threatened or endangered. The CCAA is a template in that it establishes general guidelines and identifies minimum conservation measures for participants in the CCAA. Interested participants would enroll their property under the CCAA through individual ``site plans.'' Once the CCAA is signed, the documentation needs and approval process to enroll participants with their individual site plans will be significantly streamlined as they will be able to reference and rely upon the information and completed administrative procedures associated with finalizing the template CCAA and finalizing the EAS for purposes of compliance with the requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) (NEPA). To qualify for take coverage, all enrollees must agree to implement the following conservation measures on enrolled lands: Allow the Service or its agents to access enrolled lands to evaluate fisher presence for the 30-year term of the CCAA and to determine if one or more female fisher are occupying dens and raising kits; Protect confirmed denning female fisher and their young by limiting or preventing access and disturbance near occupied sites, including preventing the destruction of the denning structure itself; Prohibit trapping and nuisance animal control activities on enrolled lands within 2.5 miles of known fisher occupied dens; Report to the Service within 48 hours upon finding any potentially fisher occupied den sites or any dead, sick, or incidentally trapped and released fishers on enrolled lands; cover all man-made structures on enrolled lands that pose an entrapment risk to fishers; and, Where suitable habitat exists and where agreed upon by the participant and the Service, allow for the reintroduction of fishers. Details regarding the actual reintroduction of fishers, including when the reintroduction might occur, the sources and numbers of fishers, the duration of the reintroduction effort, and the parties responsible for the capture and movement of fisher are unknown at this time. We anticipate that any required environmental or regulatory analysis for fisher reintroduction will be done by the Service or other responsible parties when a reintroduction plan is developed under the laws and policies in effect at that time. Covered activities include those activities that may be carried out by participating landowners or their authorized representatives on enrolled lands that may result in the incidental take of the fisher consistent with the provisions of the CCAA and their EOS permit. Covered activities under the proposed CCAA include the following land- management related activities commonly practiced on forest lands: Timber harvest and reforestation, road maintenance and construction, transport of timber and rock, collection of minor forest products, and recreational activities. National Environmental Policy Act Compliance The proposed issuance of an ESA section 10(a)(1)(A) permit with its associated CCAA is a Federal action that triggers the need for compliance with NEPA. We have made a preliminary determination that the proposed CCAA and the proposed issuance of EOS permits under the CCAA are eligible for categorical exclusion under NEPA. The basis for our preliminary determination is contained in an EAS, which is available for public review (see ADDRESSES). Public Comments You may submit your comments and materials by one of the methods listed in the ADDRESSES section. We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on our proposed Federal action. 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 personal identifying information in your comments, you should be aware that your entire comment-- including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying 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, will be available for public inspection by appointment, during normal business hours, at our Oregon Fish and Wildlife Office (see ADDRESSES). Next Steps After considering public comments, the Service will make a decision regarding the proposed CCAA, the draft EAS, and our preliminary determination that the proposed permit action is eligible for categorical exclusion under NEPA, provided they meet the requirements of section 10(a)(1)(A) of the ESA and the requirements of NEPA. We will not make a final decision on NEPA and the template CCAA until after the end of the 30-day public comment period on this notice, and we will fully consider all comments we receive during the public comment period. If we determine that all the requirements are met, we will sign the CCAA and be able to accept EOS permit applications submitted under the requirements of the CCAA and section 10(a)(1)(A) of the ESA. The Service will [[Page 15739]] then be able to issue EOS permits to interested, eligible landowners for the potential take of the West Coast DPS of the fisher incidental to otherwise lawful activities in accordance with the terms of the CCAA, the site plans, and appropriate EOS permit conditions. Authority We provide this notice in accordance with the requirements of section 10(c) 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 17.32, and 40 CFR 1506.6, respectively). Rollie White, Acting State Supervisor, Oregon Fish and Wildlife Office, U.S. Fish and Wildlife Service, Portland, Oregon. [FR Doc. 2016-06627 Filed 3-23-16; 8:45 am] BILLING CODE 4333-15-P
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Public Availability of Comments (EAS) for our preliminary determination should the species later become listed as
All comments and materials we that the CCAA and issuance of EOS threatened or endangered under the
receive in response to these requests permits qualify for categorical exclusion ESA. In return for managing their lands
will be available for public inspection, under the National Environmental to the benefit of the covered species,
by appointment, during normal business Policy Act of 1969 (NEPA). enrolled landowners receive assurances
hours at the address listed in the DATES: To ensure consideration, written that additional regulatory requirements
ADDRESSES section of this notice. comments must be received from pertaining to the covered species will
Before including your address, phone interested parties no later than April 25, not be required if the covered species
number, email address, or other 2016. becomes listed as threatened or
ADDRESSES: To request further
endangered under the ESA so long as
personal identifying information in your
information or submit written the CCAA remains in place and is being
comment, you should be aware that
comments, please use one of the fully implemented.
your entire comment—including your A CCAA serves as the basis for the
personal identifying information—may following methods, and note that your
Service to issue EOS permits to non-
be made publicly available at any time. information request or comments are in
Federal participants pursuant section
While you can ask us in your comment reference to the ‘‘Template Fisher
10(a)(1)(A) of the ESA. EOS permits are
to withhold your personal identifying CCAA.’’
issued to applicants in association with
information from public review, we • Internet: Documents may be viewed
an approved CCAA to authorize
cannot guarantee that we will be able to on the Internet at http://www.fws.gov/
incidental take of the covered species
do so. oregonfwo/.
from covered activities, should the
• Email: ORfisherCCAAcomments@
Authority species become listed. Through a CCAA
fws.gov. Include ‘‘Template Fisher
and its associated EOS permit, the
We provide this notice under section CCAA’’ in the subject line of the
Service provides assurances to property
10 of the Act (16 U.S.C. 1531 et seq.). message or comments.
owners that they will not be subjected
• U.S. Mail: State Supervisor, Oregon
Michael G. Thabault, to increased land use restrictions if the
Fish and Wildlife Office, U.S. Fish and
Assistant Regional Director, Mountain-Prairie covered species become listed under the
Wildlife Service; 2600 SE. 98th Avenue,
Region. ESA in the future, provided certain
Suite 100; Portland, OR 97266.
[FR Doc. 2016–06591 Filed 3–23–16; 8:45 am] • Fax: 503–231–6195, Attn: Template conditions are met. Because enrollment
in a CCAA is voluntary, participating
BILLING CODE 4333–15–P Fisher CCAA.
• In-Person Drop-off, Viewing or landowners may subsequently choose to
Pickup: Comments and materials discontinue their participation and their
DEPARTMENT OF THE INTERIOR received will be available for public ESA section 10(a)1(A) permit coverage
inspection, by appointment (necessary would then lapse.
Fish and Wildlife Service Application requirements and
for viewing or picking up documents
issuance criteria for EOS permits for
[FWS–R1–ES–2016–N042; only), during normal business hours at
FXES11120100000–167–FF01E00000]
CCAAs are found in the Code of
the Oregon Fish and Wildlife Office, Regulations (CFR) at 50 CFR 17.22(d)
U.S. Fish and Wildlife Service; 2600 SE. and 17.32(d), respectively. See also our
Proposed Template Candidate 98th Avenue, Suite 100; Portland, OR
Conservation Agreement With joint policy on CCAAs that was
97266; telephone 503–231–6179. published in the Federal Register by the
Assurances for the Fisher in Oregon Written comments can be dropped off
and a Draft Environmental Action Service and the Department of
during regular business hours at the Commerce’s National Oceanic and
Statement above address on or before the closing Atmospheric Administration, National
AGENCY: Fish and Wildlife Service, date of the public comment period (see Marine Fisheries Service (64 FR 32726;
Interior. DATES). June 17, 1999). Each prospective CCAA
ACTION: Notice of availability; request FOR FURTHER INFORMATION CONTACT: Jody participant will need to complete and
for comments. Caicco, U.S. Fish and Wildlife Service submit to the Service an ESA section
(see ADDRESSES); telephone: 503–231– 10(a)1(A) EOS permit application form.
SUMMARY: The U.S. Fish and Wildlife 6179; facsimile: 503–231–6195. If you On April 8, 2004, the Service
Service (Service) has developed a use a telecommunications device for the published a 12-month status review (69
proposed template Candidate deaf, please call the Federal Information FR 18769) finding that listing the West
Conservation Agreement with Relay Service at 800–877–8339. Coast Distinct Population Segment
Assurances (CCAA) for the West Coast SUPPLEMENTARY INFORMATION: (DPS) of the fisher (Pekania pennanti) as
Distinct Population Segment (DPS) of threatened or endangered under the
the fisher in Oregon, and proposes to Background ESA (16 U.S.C. 1538) was warranted,
issue enhancement of survival (EOS) A CCAA is a voluntary agreement but precluded by higher priority actions.
permits under the CCAA, pursuant to whereby landowners agree to manage On October 7, 2014, the Service
the Endangered Species Act of 1973, as their lands to remove or reduce threats published a proposed rule (79 FR
amended (ESA). The permits would to species that may become listed under 60419) to list the West Coast DPS of the
authorize incidental take with the ESA (64 FR 32726; June 17, 1999). fisher as threatened under the ESA. In
assurances to eligible landowners who CCAAs are intended to facilitate the that proposed rule, the Service
asabaliauskas on DSK3SPTVN1PROD with NOTICES
are willing to enroll in the template conservation of proposed and candidate identified habitat loss from wildfire and
CCAA and carry out conservation species, and species likely to become vegetation management, toxicants
measures that would benefit the West candidates in the near future by giving (rodenticides), and the cumulative
Coast DPS of the fisher. We request non-Federal property owners incentives impact of these and other stressors in
comments from the public on the to implement conservation measures for small populations as threats to the
proposed template CCAA, the issuance declining species by providing certainty continued existence of the West Coast
of EOS permits, and on the Service’s with regard to land, water, or resource DPS of the fisher. On April 14, 2015, the
draft Environmental Action Statement use restrictions that might be imposed Service issued a 6-month extension to
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![Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices 15739
then be able to issue EOS permits to Data System (NCRDS). Please also II. Data
interested, eligible landowners for the forward a copy of your comments and OMB Control Number: 1028–0094.
potential take of the West Coast DPS of suggestions on this information Form Number: None.
the fisher incidental to otherwise lawful collection to the Information Collection Title: Energy Cooperatives to Support
activities in accordance with the terms Clearance Officer, U.S. Geological the National Coal Resources Data
of the CCAA, the site plans, and Survey, 12201 Sunrise Valley Drive MS System (NCRDS).
appropriate EOS permit conditions. 807, Reston, VA 20192 (mail); (703) Type of Request: Revision of a
648–7195 (fax); or gs-info_collections@ currently approved information
Authority
usgs.gov (email). Please reference ‘OMB collection.
We provide this notice in accordance Information Collection 1028–0094: Respondent Obligation: Required to
with the requirements of section 10(c) of Energy Cooperatives to Support the obtain or retain benefits.
the ESA (16 U.S.C. 1531 et seq.), and National Coal Resources Data System Frequency of Collection: One time
NEPA (42 U.S.C. 4321 et seq.) and their (NCRDS) in all correspondence. every 5 years for applications and final
implementing regulations (50 CFR 17.22 FOR FURTHER INFORMATION CONTACT: reports; annually for progress reports.
and 17.32, and 40 CFR 1506.6, Joseph East, Eastern Energy Resources Description of Respondents: State,
respectively). Science Center, U.S. Geological Survey, local and tribal governments; State
Rollie White, 12201 Sunrise Valley Drive, Mail Stop Geological Surveys, State universities.
Acting State Supervisor, Oregon Fish and 956, Reston, VA 20192 (mail); 703–648– Estimated Total Number of Annual
Wildlife Office, U.S. Fish and Wildlife Service, 6450 (phone); or jeast@usgs.gov (email). Responses: 21.
Portland, Oregon. You may also find information about Estimated Time per Response: We
[FR Doc. 2016–06627 Filed 3–23–16; 8:45 am] this ICR at www.reginfo.gov. estimate that it will take 20 hours to
BILLING CODE 4333–15–P SUPPLEMENTARY INFORMATION: complete an application and 4.6 hours
to prepare annual reports.
I. Abstract Estimated Annual Burden Hours: 181.
DEPARTMENT OF THE INTERIOR The primary objective of the National Estimated Reporting and
Coal Resources Data System (NCRDS) is Recordkeeping ‘‘Non-Hour Cost’’
Geological Survey to advance the understanding of the Burden: There are no ‘‘non-hour cost’’
[GX16NM00FU5010] energy endowment of the United States burdens associated with this collection
(U.S.) by gathering and organizing of information.
Agency Information Collection digital geologic information related to Public Disclosure Statement: The PRA
Activities: Request for Comments coal, coal bed gas, shale gas, (44 U.S.C. 3501, et seq.) provides that an
conventional and unconventional oil agency may not conduct or sponsor and
AGENCY: U.S. Geological Survey (USGS), and gas, geothermal, and other energy you are not required to respond to a
Interior. resources and related information collection of information unless it
ACTION: Notice of revision of a currently regarding these resources, along with displays a currently valid OMB control
approved information collection, (1028– environmental impacts from using these number. Until the OMB approves a
0094). resources. These data are needed to collection of information, you are not
support regional or national assessments obliged to respond.
SUMMARY: We (the U.S. Geological
concerning energy resources. Requesting Comments: On 11/23/2015, we
Survey) are notifying the public that we
external cooperation is a way for published a Federal Register notice (80
have submitted to the Office of
NCRDS to collect energy data and FR 72985) announcing that we would
Management and Budget (OMB) the
perform research and analyses on the submit this ICR to OMB for approval
information collection request (ICR)
characterization of geologic material, and soliciting comments. The comment
described below. To comply with the
and obtain other information (including period closed on 1/22/2016. We
Paperwork Reduction Act of 1995 (PRA)
geophysical or seismic data, sample received No comments.
and as part of our continuing efforts to
collection for generation of thermal
reduce paperwork and respondent III. Request for Comments
maturity data) that can be used in
burden, we invite the general public and
energy resource assessments and related We again invite comments concerning
other Federal agencies to take this
studies. this ICR as to: (a) Whether the proposed
opportunity to comment on this ICR.
The USGS will issue a call for collection of information is necessary
This collection is scheduled to expire
proposals to support researchers from for the agency to perform its duties,
on 3/31/2016.
State Geological Surveys and associated including whether the information is
DATES: To ensure that your comments accredited state universities that can useful; (b) the accuracy of the agency’s
on this ICR are considered, OMB must provide geologic data to support NCRDS estimate of the burden of the proposed
receive them on or before April 25, and other energy assessment projects collection of information; (c) how to
2016. being conducted by the USGS. enhance the quality, usefulness, and
ADDRESSES: Please submit written Data submitted to NCRDS by external clarity of the information to be
comments on this information cooperators constitute more than two- collected; and (d) how to minimize the
collection directly to the Office of thirds of the USGS point-source burden on the respondents, including
Management and Budget (OMB), Office stratigraphic database (USTRAT) on the use of automated collection
asabaliauskas on DSK3SPTVN1PROD with NOTICES
of Information and Regulatory Affairs, coal occurrence. In 2015, NCRDS techniques or other forms of information
Attention: Desk Officer for the supported 21 projects in 19 States. This technology.
Department of the Interior, via email: program is conducted under various Please note that comments submitted
(OIRA_SUBMISSION@omb.eop.gov); or authorities, including 30 U.S.C. 208–1, in response to this notice are a matter
by fax (202) 395–5806; and identify your 42 U.S.C. 15801, and 43 U.S.C. 31 et of public record. Before including your
submission with ‘OMB Control Number seq. This collection will consist of personal mailing address, phone
1028–0094 Energy Cooperatives to applications, proposals and reports number, email address, or other
Support the National Coal Resources (annual and final). personally identifiable information in
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Document Created: 2016-03-24 00:58:00
Document Modified: 2016-03-24 00:58:00
| 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 April 25, 2016. | |
| Contact | Jody Caicco, U.S. Fish and Wildlife | |
| FR Citation | 81 FR 15737 |
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