81 FR 19618 - Proposed Amendment to the Willamette Valley Native Prairie Habitat Programmatic Safe Harbor Agreement for the Fender's Blue Butterfly in Benton, Lane, Linn, Marion, Polk, and Yamhill Counties, Oregon

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 65 (April 5, 2016)

Page Range		19618-19619
FR Document		2016-07796

The U.S. Fish and Wildlife Service (Service) proposes to amend an enhancement of survival (EOS) permit issued to itself on May 26, 2009, pursuant to the Endangered Species Act of 1973, as amended (ESA). The EOS permit is associated with a programmatic Safe Harbor Agreement (SHA) developed for the conservation of the federally-listed endangered Fender's blue butterfly within the Willamette Valley in Oregon. The proposed amendment would extend the term of the SHA and the permit for an additional 11 years. The amendment includes adding Washington County, Oregon, to the geographical area covered by the SHA and the permit. The amended permit would continue to authorize the Service to extend incidental take coverage to eligible landowners who are willing to carry out habitat management actions that benefit the Fender's blue butterfly by enrolling landowners under the SHA through Certificates of Inclusion. We request comments from the public on the proposed amendment of the EOS permit and the SHA, and a draft environmental action statement (EAS) prepared pursuant to the requirements of the National Environmental Policy Act (NEPA).

Federal Register, Volume 81 Issue 65 (Tuesday, April 5, 2016)

[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19618-19619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07796]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N043; FXES11120100000-167-FF01E00000]


Proposed Amendment to the Willamette Valley Native Prairie 
Habitat Programmatic Safe Harbor Agreement for the Fender's Blue 
Butterfly in Benton, Lane, Linn, Marion, Polk, and Yamhill Counties, 
Oregon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to amend 
an enhancement of survival (EOS) permit issued to itself on May 26, 
2009, pursuant to the Endangered Species Act of 1973, as amended (ESA). 
The EOS permit is associated with a programmatic Safe Harbor Agreement 
(SHA) developed for the conservation of the federally-listed endangered 
Fender's blue butterfly within the Willamette Valley in Oregon. The 
proposed amendment would extend the term of the SHA and the permit for 
an additional 11 years. The amendment includes adding Washington 
County, Oregon, to the geographical area covered by the SHA and the 
permit. The amended permit would continue to authorize the Service to 
extend incidental take coverage to eligible landowners who are willing 
to carry out habitat management actions that benefit the Fender's blue 
butterfly by enrolling landowners under the SHA through Certificates of 
Inclusion. We request comments from the public on the proposed 
amendment of the EOS permit and the SHA, and a draft environmental 
action statement (EAS) prepared pursuant to the requirements of the 
National Environmental Policy Act (NEPA).

DATES: Written comments on the permit amendment, SHA amendment, and the 
EAS for the NEPA categorical exclusion determination must be received 
from interested parties no later than May 5, 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 Service Agreement 
Amendment.
     Internet: Documents may be viewed on the Internet at 
http://www.fws.gov/oregonfwo/articles.cfm?id=149489462.
     Email: [email protected]. Include ``Willamette 
Valley SHA Amendment'' 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: Willamette Valley SHA Amendment.
     In-Person Viewing, Pickup or Drop-off: Comments and 
materials received will be available for public inspection, by 
appointment, 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. 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: Kathy Roberts, 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

    On May 26, 2009, the Service issued an EOS permit to the Service's 
Oregon Fish and Wildlife Office (OFWO) pursuant to section 10(a)(1)(A) 
of the ESA. The EOS permit is associated with a programmatic SHA 
developed for the conservation of the federally-listed endangered 
Fender's blue butterfly (Icaricia icarioides fenderi) within the 
Willamette Valley in Oregon. The SHA is administered and implemented by 
the OFWO and the Service's Willamette Valley National Wildlife Refuge 
Complex (WV Refuge Complex). The OFWO serves as the ``permittee.'' The 
WV Refuge Complex is a signatory to the SHA and works jointly with the 
OFWO on all aspects of the SHA. The OFWO may enroll eligible interested 
non-Federal landowners (cooperators) through Certificates of Inclusion 
under the SHA. The WV Refuge Complex can also develop and administer 
Certificates of Inclusion where they are involved in activities on the 
cooperator's enrolled lands as a project partner.
    The geographic area covered by the current SHA and permit includes 
the originally known and potential range of the Fender's blue 
butterfly, which includes prairie habitat within Benton, Lane, Linn, 
Marion, Polk, and Yamhill counties of Oregon. Properties that are 
eligible for enrollment are non-Federal lands where the Fender's blue 
butterfly occurs or could occur through colonization, translocation, or 
reintroduction. Activities under the SHA may also benefit the 
federally-listed threatened Kincaid's lupine (Lupinus sulphureus ssp. 
kincaidii), which is a larval host plant for Fender's blue butterfly. 
However, Kincaid's lupine is not included as a ``covered species.''
    The current term of the SHA is 15 years and expires on May 25, 
2024. The current term of the permit is 25 years and expires on May 25, 
2034. Since the permit was issued on May 26, 2009, the Service has 
enrolled a number of eligible landowners under Certificates of 
Inclusion for an average period of 10 years each.

Proposed Amendment

    In order to continue issuing new 10-year Certificates of Inclusion, 
the

[[Page 19619]]

Service needs to extend the term of the existing SHA for at least an 
additional 10 years. Therefore, the Service is proposing to extend the 
term of the SHA for an additional 11 years, from May 25, 2024 to May 
25, 2035, and extend the term of the permit for an additional 11 years, 
from May 25, 2034 to May 25, 2045. When the Service listed the Fender's 
blue butterfly as endangered and Kincaid's lupine as threatened in 2000 
(65 FR 3875) Washington County was not included as part of the range of 
either species because no previous populations had been identified in 
Washington County. In 2011, however, a population of Fender's blue 
butterfly and Kincaid's lupine was discovered on the north side of 
Henry Hagg Lake, on Bureau of Reclamation land, in Washington County, 
Oregon. The Service is, therefore, proposing to amend the existing 
permit and SHA to include Washington County within the geographical 
area covered by the SHA and the permit.
    The amended permit would continue to authorize the Service to 
extend incidental take coverage with assurances to eligible landowners 
who are willing to carry out habitat management actions that would 
benefit the Fender's blue butterfly by enrolling the landowners under 
the SHA as cooperators through issuance of Certificates of Inclusion.

National Environmental Policy Act Compliance

    The proposed amendment to the permit and the SHA is a Federal 
action that triggers the need for compliance with the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 
We have made a preliminary determination that the proposed amendments 
to the EOS permit and the SHA are eligible for categorical exclusion 
under the NEPA. The basis for our preliminary determination is 
contained in an Environmental Action Statement (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. 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

    The Service will evaluate the proposed amendment to the permit and 
the SHA, associated documents, and comments submitted thereon to 
determine whether the amendment meets the requirements of section 10(a) 
of the ESA and the requirements of NEPA. We will not make the final 
NEPA and permit decisions 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 amended SHA and issue an 
amended EOS permit under section 10(a)(1)(A) of the ESA to the 
Service's OFWO. The OFWO will continue to serve as the permit holder, 
and continue to extend coverage to interested eligible landowners for 
the take of Fender's blue butterfly, incidental to otherwise lawful 
activities in accordance with the terms of the SHA, Certificates of 
Inclusion, and the EOS permit.

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 40 
CFR 1506.6, respectively).

Rollie White,
Acting State Supervisor, Oregon Fish and Wildlife Office, Pacific 
Region, U.S. Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2016-07796 Filed 4-4-16; 8:45 am]
BILLING CODE 4333-15-P

19618 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices

comments, we receive, to determine issued to itself on May 26, 2009, FOR FURTHER INFORMATION CONTACT:
whether the application meets the pursuant to the Endangered Species Act Kathy Roberts, U.S. Fish and Wildlife
requirements of section 10(a)(1)(B) of of 1973, as amended (ESA). The EOS Service (see ADDRESSES), telephone:
the Act. We will use the results of our permit is associated with a 503–231–6179, facsimile: 503–231–
internal Service consultation, in programmatic Safe Harbor Agreement 6195. If you use a telecommunications
combination with the above findings, in (SHA) developed for the conservation of device for the deaf, please call the
our final analysis to determine whether the federally-listed endangered Fender’s Federal Information Relay Service at
to issue the permits. If the requirements blue butterfly within the Willamette 800–877–8339.
are met, we will issue an ITP to the Valley in Oregon. The proposed SUPPLEMENTARY INFORMATION:
applicant for the incidental take of amendment would extend the term of
Background
Mount Hermon June beetle. We will the SHA and the permit for an
make the final permit decision no additional 11 years. The amendment On May 26, 2009, the Service issued
sooner than 30 days after the date of this includes adding Washington County, an EOS permit to the Service’s Oregon
notice. Oregon, to the geographical area covered Fish and Wildlife Office (OFWO)
by the SHA and the permit. The pursuant to section 10(a)(1)(A) of the
Public Comments ESA. The EOS permit is associated with
amended permit would continue to
If you wish to comment on the permit authorize the Service to extend a programmatic SHA developed for the
applications, plans, and associated incidental take coverage to eligible conservation of the federally-listed
documents, you may submit comments landowners who are willing to carry out endangered Fender’s blue butterfly
by any one of the methods in habitat management actions that benefit (Icaricia icarioides fenderi) within the
ADDRESSES. the Fender’s blue butterfly by enrolling Willamette Valley in Oregon. The SHA
landowners under the SHA through is administered and implemented by the
Public Availability of Comments OFWO and the Service’s Willamette
Certificates of Inclusion. We request
Before including your address, phone comments from the public on the Valley National Wildlife Refuge
number, email address, or other proposed amendment of the EOS permit Complex (WV Refuge Complex). The
personal identifying information in your and the SHA, and a draft environmental OFWO serves as the ‘‘permittee.’’ The
comment, you should be aware that action statement (EAS) prepared WV Refuge Complex is a signatory to
your entire comment—including your pursuant to the requirements of the the SHA and works jointly with the
personal identifying information—may National Environmental Policy Act OFWO on all aspects of the SHA. The
be made publicly available at any time. (NEPA). OFWO may enroll eligible interested
While you can ask us in your comment non-Federal landowners (cooperators)
to withhold your personal identifying DATES: Written comments on the permit through Certificates of Inclusion under
information from public view, we amendment, SHA amendment, and the the SHA. The WV Refuge Complex can
cannot guarantee that we will be able to EAS for the NEPA categorical exclusion also develop and administer Certificates
do so. determination must be received from of Inclusion where they are involved in
interested parties no later than May 5, activities on the cooperator’s enrolled
Authority 2016. lands as a project partner.
We provide this notice under section ADDRESSES: To request further The geographic area covered by the
10 of the Act (16 U.S.C. 1531 et seq.) information or submit written current SHA and permit includes the
and NEPA regulations (40 CFR 1506.6). comments, please use one of the originally known and potential range of
Dated: March 29, 2016. following methods, and note that your the Fender’s blue butterfly, which
Stephen P. Henry,
information request or comments are in includes prairie habitat within Benton,
reference to the Service Agreement Lane, Linn, Marion, Polk, and Yamhill
Field Supervisor, Ventura Fish and Wildlife
Office, Ventura, California.
Amendment. counties of Oregon. Properties that are
• Internet: Documents may be viewed eligible for enrollment are non-Federal
[FR Doc. 2016–07795 Filed 4–4–16; 8:45 am]
on the Internet at http://www.fws.gov/ lands where the Fender’s blue butterfly
BILLING CODE 4310–55–P
oregonfwo/articles.cfm?id=149489462. occurs or could occur through
• Email: WVAmendmentcomments@ colonization, translocation, or
fws.gov. Include ‘‘Willamette Valley reintroduction. Activities under the
DEPARTMENT OF THE INTERIOR SHA Amendment’’ in the subject line of SHA may also benefit the federally-
Fish and Wildlife Service the message or comments. listed threatened Kincaid’s lupine
• U.S. Mail: State Supervisor, Oregon (Lupinus sulphureus ssp. kincaidii),
[FWS–R1–ES–2016–N043; Fish and Wildlife Office; U.S. Fish and which is a larval host plant for Fender’s
FXES11120100000–167–FF01E00000] Wildlife Service; 2600 SE 98th Avenue, blue butterfly. However, Kincaid’s
Suite 100; Portland, OR 97266. lupine is not included as a ‘‘covered
Proposed Amendment to the • Fax: 503–231–6195, Attn:
Willamette Valley Native Prairie Habitat species.’’
Willamette Valley SHA Amendment. The current term of the SHA is 15
Programmatic Safe Harbor Agreement • In-Person Viewing, Pickup or Drop- years and expires on May 25, 2024. The
for the Fender’s Blue Butterfly in off: Comments and materials received current term of the permit is 25 years
Benton, Lane, Linn, Marion, Polk, and will be available for public inspection, and expires on May 25, 2034. Since the
Yamhill Counties, Oregon by appointment, during normal business
asabaliauskas on DSK3SPTVN1PROD with NOTICES

permit was issued on May 26, 2009, the
AGENCY: Fish and Wildlife Service, hours at the Oregon Fish and Wildlife Service has enrolled a number of
Interior. Office, U.S. Fish and Wildlife Service, eligible landowners under Certificates of
ACTION: Notice of availability; request 2600 SE 98th Avenue, Suite 100, Inclusion for an average period of 10
for comment. Portland, OR 97266. Written comments years each.
can be dropped off during regular
SUMMARY: The U.S. Fish and Wildlife business hours at the above address on Proposed Amendment
Service (Service) proposes to amend an or before the closing date of the public In order to continue issuing new 10-
enhancement of survival (EOS) permit comment period (see DATES). year Certificates of Inclusion, the

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Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices 19619

Service needs to extend the term of the including your address, phone number, DEPARTMENT OF THE INTERIOR
existing SHA for at least an additional email address, or other personal
10 years. Therefore, the Service is identifying information in your National Park Service
proposing to extend the term of the SHA comments, you should be aware that [NPS–WASO–NAGPRA–20585:
for an additional 11 years, from May 25, your entire comment—including your PPWOCRADN0–PCU00RP14.R50000]
2024 to May 25, 2035, and extend the personal identifying information—may
term of the permit for an additional 11 be made publicly available at any time. Notice of Inventory Completion: U.S.
years, from May 25, 2034 to May 25, While you can ask us in your comment Department of Defense, Army Corps of
2045. When the Service listed the to withhold your personal identifying Engineers, Omaha District, Omaha,
Fender’s blue butterfly as endangered NE., and State Archaeological
information from public review, we
and Kincaid’s lupine as threatened in Research Center, Rapid City, SD
cannot guarantee that we will be able to
2000 (65 FR 3875) Washington County
was not included as part of the range of do so. Comments and materials we AGENCY: National Park Service, Interior.
either species because no previous receive, as well as supporting ACTION: Notice.
populations had been identified in documentation, will be available for
public inspection by appointment, SUMMARY: The U.S. Army Corps of
Washington County. In 2011, however, Engineers, Omaha District (Omaha
a population of Fender’s blue butterfly during normal business hours, at our
District), has completed an inventory of
and Kincaid’s lupine was discovered on Oregon Fish and Wildlife Office (see
human remains and associated funerary
the north side of Henry Hagg Lake, on ADDRESSES).
objects, in consultation with the
Bureau of Reclamation land, in Next Steps appropriate Indian tribes or Native
Washington County, Oregon. The Hawaiian organizations, and has
Service is, therefore, proposing to The Service will evaluate the determined that there is a cultural
amend the existing permit and SHA to proposed amendment to the permit and affiliation between the human remains
include Washington County within the the SHA, associated documents, and and associated funerary objects and
geographical area covered by the SHA comments submitted thereon to present-day Indian tribes or Native
and the permit. determine whether the amendment Hawaiian organizations. Lineal
The amended permit would continue meets the requirements of section 10(a) descendants or representatives of any
to authorize the Service to extend of the ESA and the requirements of Indian tribe or Native Hawaiian
incidental take coverage with organization not identified in this notice
NEPA. We will not make the final NEPA
assurances to eligible landowners who that wish to request transfer of control
and permit decisions until after the end
are willing to carry out habitat of these human remains and associated
of the 30-day public comment period on
management actions that would benefit funerary objects should submit a written
the Fender’s blue butterfly by enrolling this notice, and we will fully consider
all comments we receive during the request to the Omaha District. If no
the landowners under the SHA as additional requestors come forward,
cooperators through issuance of public comment period. If we determine
transfer of control of the human remains
Certificates of Inclusion. that all the requirements are met, we
and associated funerary objects to the
will sign the amended SHA and issue an lineal descendants, Indian tribes, or
National Environmental Policy Act amended EOS permit under section
Compliance Native Hawaiian organizations stated in
10(a)(1)(A) of the ESA to the Service’s this notice may proceed.
The proposed amendment to the OFWO. The OFWO will continue to DATES: Lineal descendants or
permit and the SHA is a Federal action serve as the permit holder, and continue representatives of any Indian tribe or
that triggers the need for compliance to extend coverage to interested eligible Native Hawaiian organization not
with the National Environmental Policy landowners for the take of Fender’s blue identified in this notice that wish to
Act of 1969, as amended (42 U.S.C. 4321 butterfly, incidental to otherwise lawful request transfer of control of these
et seq.). We have made a preliminary activities in accordance with the terms human remains and associated funerary
determination that the proposed of the SHA, Certificates of Inclusion, objects should submit a written request
amendments to the EOS permit and the and the EOS permit. with information in support of the
SHA are eligible for categorical request to the Omaha District at the
exclusion under the NEPA. The basis for Authority
address in this notice by May 5, 2016.
our preliminary determination is
We provide this notice in accordance ADDRESSES: Ms. Sandra Barnum, U.S.
contained in an Environmental Action
with the requirements of section 10(c) of Army Engineer District, Omaha, ATTN:
Statement (EAS), which is available for
the ESA (16 U.S.C. 1531 et seq.), and CENWO–PM–AB, 1616 Capital Avenue,
public review (see ADDRESSES).
NEPA (42 U.S.C. 4321 et seq.) and their Omaha, NE 68102, telephone, (402)
Public Comments implementing regulations (50 CFR 17.22 995–2674, email sandra.v.barnum@
You may submit your comments and and 40 CFR 1506.6, respectively). usace.army.mil.
materials by one of the methods listed SUPPLEMENTARY INFORMATION: Notice is
in the ADDRESSES section. We request Rollie White, here given in accordance with the
data, comments, new information, or Acting State Supervisor, Oregon Fish and Native American Graves Protection and
suggestions from the public, other Wildlife Office, Pacific Region, U.S. Fish and Repatriation Act (NAGPRA), 25 U.S.C.
Wildlife Service, Portland, Oregon.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

concerned governmental agencies, the 3003, of the completion of an inventory
scientific community, Tribes, industry, [FR Doc. 2016–07796 Filed 4–4–16; 8:45 am] of human remains and associated
or any other interested party on our BILLING CODE 4333–15–P funerary objects under the control of the
proposed Federal action. Omaha District. The human remains
and associated funerary objects were
Public Availability of Comments removed from site 39BF243, in Buffalo
All comments and materials we County, SD.
receive become part of the public record This notice is published as part of the
associated with this action. Before National Park Service’s administrative

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Document Created: 2018-02-07 13:53:47
Document Modified: 2018-02-07 13:53:47

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 comment.
Dates		Written comments on the permit amendment, SHA amendment, and the EAS for the NEPA categorical exclusion determination must be received from interested parties no later than May 5, 2016.
Contact		Kathy Roberts, U.S. Fish and Wildlife
FR Citation		81 FR 19618

81 FR 19618 - Proposed Amendment to the Willamette Valley Native Prairie Habitat Programmatic Safe Harbor Agreement for the Fender's Blue Butterfly in Benton, Lane, Linn, Marion, Polk, and Yamhill Counties, Oregon

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 65 (April 5, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service