81 FR 26769 - Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Candidate Conservation Agreements With Assurances
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 86 (May 4, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 86 (May 4, 2016)
| Page Range | 26769-26772 | |
| FR Document | 2016-10483 |
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)] [Proposed Rules] [Pages 26769-26772] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10483] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-HQ-ES-2015-0171; FF09E40000 167 FXES11150900000] RIN 1018-BB25 Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Candidate Conservation Agreements With Assurances AGENCY: U.S. Fish and Wildlife Service (FWS), Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), propose changes to the regulations concerning enhancement of survival permits issued under the Endangered Species Act of 1973, as amended (ESA), associated with Candidate Conservation Agreements with Assurances. We propose to add the term ``net conservation benefit'' to the Candidate Conservation Agreements with Assurances regulations, and to eliminate references to ``other necessary properties'' to clarify the level of conservation effort we require each agreement to include in order for us to approve a Candidate Conservation Agreement with Assurances. We are also proposing these changes to the Candidate Conservation Agreement with Assurances policy in a separate document published in today's Federal Register. DATES: We will accept comments that we receive on or before July 5, 2016. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit comments by one of the following methods:Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the docket number for this proposed rule, which is FWS-HQ-ES-2015-0171. Then click on the Search button. In the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ``Comment Now!'' Please ensure that you have found the correct document before submitting your comment. By hard copy: Submit by U.S. mail or hand delivery to: Public Comments Processing, Attn: Docket No. FWS-HQ-ES-2015-0171, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Request for Information section, below, for more information). FOR FURTHER INFORMATION CONTACT: Jim Serfis, Chief, Branch of Conservation and Communications, U.S. Fish and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2171. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800- 877-8339. SUPPLEMENTARY INFORMATION: Background Through its Candidate Conservation program, one of the FWS's goals is to encourage the public to take specific conservation actions for declining species prior to them being listed under the ESA (16 U.S.C. 1531 et seq.). The cumulative outcome of such conservation actions may result in not needing to list a species; or may result in listing a species as threatened instead of endangered, and provide the basis for the species' recovery and eventual removal from the Federal List of Endangered and Threatened Wildlife. The Service put in place a voluntary conservation program for non-Federal property owners to help accomplish this goal: Candidate Conservation Agreements with Assurances (CCAAs). On June 17, 1999, the policy for this type of agreement (64 FR 32726) and implementing regulations in part 17 of title 50 of the Code of Federal Regulations (CFR) (64 FR 32706) were made final. On May 3, 2004, we published a final rule (69 FR 24084) to revise the CCAA regulations to make [[Page 26770]] them easier to understand and implement by, among other things, defining ``property owner'' and by clarifying several points, including the transfer of permits, permit revocation, and advanced notification of take. To participate in a CCAA, non-Federal property owners agree to implement specific conservation actions on their land that reduce or eliminate threats to the species that are covered under the agreement. An ESA section 10(a)(1)(A) Enhancement of Survival permit is issued to the agreement participant providing a specific level of incidental take coverage should the property owner's agreed-upon conservation actions and routine property management actions (e.g., agricultural, ranching, or forestry activities) result in take of the covered species if listed. Property owners receive assurances that they will not be required to undertake any conservation actions other than those agreed to if new information indicates that additional or revised conservation measures are needed for the species, and they will not be subject to additional resource use or land use restrictions. Based on our experience reviewing and approving CCAAs over the past 16 years, we are proposing changes to the regulations that will clarify the level of conservation effort each agreement needs to include in order for FWS to approve an agreement and issue a permit. Purpose of Proposed Changes to Current Regulations at 50 CFR 17.22 and 17.32 We are proposing changes to the CCAA regulations at 50 CFR 17.22(d) and 17.32(d) consistent with the proposed revisions to the CCAA policy published separately in today's Federal Register. The regulation changes are to (1) include the term ``net conservation benefit'' to clarify the level of conservation effort that is necessary in order to issue a permit associated with a CCAA and (2) eliminate references to ``other necessary properties.'' Under the current policy and regulations, to approve a CCAA we must ``determine that the benefits of the conservation measures implemented by a property owner under a CCAA, when combined with those benefits that would be achieved if it is assumed that conservation measures were also to be implemented on other necessary properties, would preclude or remove any need to list the covered species.'' The confusion created by the hypothetical concept of conservation measures needing to be implemented on ``other necessary properties'' is why we are clarifying and revising the CCAA standard to require a net conservation benefit to the covered species specifically on the property to be enrolled and eliminating references to ``other necessary properties.'' In concert with the proposed revisions to our CCAAs policy, published elsewhere in today's Federal Register, these changes to the regulations would help reassure landowners participating in CCAAs that additional conservation measures above and beyond those contained in the CCAA would not be required, and that additional land, water, or resource use restrictions would not be imposed upon them should a species that resides on their property become listed in the future. Request for Information Any final rule based on this proposal will consider information and recommendations submitted in a timely manner from all interested parties. We solicit comments, information, and recommendations from governmental agencies, Native American tribes, the scientific community, industry groups, environmental interest groups, and any other interested parties on this proposed rule. All comments and materials we receive by the date listed in DATES, above, will be considered prior to the approval of a final rule. You may submit your information concerning this proposed rule by one of the methods listed in ADDRESSES. If you submit information via http://www.regulations.gov, your entire submission--including any personal identifying information--will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this personal identifying information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov. Information and supporting documentation that we receive in response to this proposed rule will be available for you to review at http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service Headquarters (see FOR FURTHER INFORMATION CONTACT). Required Determinations Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Management and Budget's Office of Information and Regulatory Affairs will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. This proposed rule is consistent with Executive Order 13563, and in particular with the requirement of retrospective analysis of existing rules, designed ``to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.'' Regulatory Flexibility Act Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 601 et seq.), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare, and make available for public comment, a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency, or his or her designee, certifies that the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. We certify that, if adopted as proposed, this proposed rule would not have a significant economic effect on a substantial number of small entities. The proposed rule would revise the regulations governing issuance of an enhancement of survival permit in conjunction with a CCAA to clarify but [[Page 26771]] not change current practice and does not place any new requirements on any non-Federal property owner that may seek to apply for approval of a CCAA. Paperwork Reduction Act of 1995 (PRA) This proposed rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB) under the PRA (44 U.S.C. 3501 et seq.). This proposed rule will not impose new recordkeeping or reporting requirements on State, local, or tribal governments; individuals; businesses; or organizations. OMB has reviewed and approved the application form that property owners use to apply for approval of a CCAA and associated enhancement of survival permit (Form 3-200-54) and assigned OMB Control Number 1018-0094, which expires January 31, 2017. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.): (a) On the basis of information contained in the Regulatory Flexibility Act section above, this proposed rule would not ``significantly or uniquely'' affect small governments. We have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502, that this rule would not impose a cost of $100 million or more in any given year on local or State governments or private entities. A Small Government Agency Plan is not required. As explained above, small governments would not be affected because the proposed rule would not place additional requirements on any city, county, or other local municipalities. (b) This proposed rule would not produce a Federal mandate on State, local, or tribal governments or the private sector of $100 million or greater in any year; that is, this proposed rule is not a ``significant regulatory action'' under the Unfunded Mandates Reform Act. This proposed rule would impose no obligations on State, local, or tribal governments. Takings (E.O. 12630) In accordance with Executive Order 12630, this proposed rule would not have significant takings implications. This proposed rule would not pertain to ``taking'' of private property interests, nor would it directly affect private property. A takings implication assessment is not required because this proposed rule (1) would not effectively compel a property owner to suffer a physical invasion of property and (2) would not deny all economically beneficial or productive use of the land or aquatic resources. This proposed rule would substantially advance a legitimate government interest (conservation and recovery of endangered and threatened species) and would not present a barrier to all reasonable and expected beneficial use of private property. Federalism (E.O. 13132) In accordance with Executive Order 13132, we have considered whether this proposed rule would have significant Federalism effects and have determined that a federalism summary impact statement is not required. This proposed rule pertains only to approving enhancement of survival permits in conjunction with a CCAA under the ESA, and would not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Civil Justice Reform (E.O. 12988) This proposed rule does not unduly burden the judicial system and meets the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988. This proposed rule would clarify the issuance criteria for an enhancement of survival permit associated with a CCAA under the ESA. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), Executive Order 13175, and the Department of the Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. We have considered possible effects on federally recognized Indian tribes and have preliminarily determined that there are no potential adverse effects of issuing this proposed rule. Our intent is to provide clarity in regard to the net conservation benefit requirements for a CCAA to be approved, including any agreements in which Tribes may choose to participate. We will continue to keep our tribal obligations in mind as we finalize this proposed rule. National Environmental Policy Act We analyzed the proposed regulations in accordance with the criteria of the National Environmental Policy Act (NEPA) (42 U.S.C. 4332(c)), the Council on Environmental Quality's Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500-1508), and the Department of the Interior's NEPA procedures (516 DM 2 and 8; 43 CFR part 46) and determined that the proposed regulations are categorically excluded from NEPA documentation requirements consistent with 40 CFR 1508.4 and 43 CFR 46.210(i). This categorical exclusion applies to policies, directives, regulations, and guidelines that are ``of an administrative, financial, legal, technical, or procedural nature.'' This action does not trigger an extraordinary circumstance, as outlined in 43 CFR 46.215, applicable to the categorical exclusion. Therefore, the proposed regulations do not constitute a major Federal action significantly affecting the quality of the human environment. Energy Supply, Distribution or Use (E.O. 13211) Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This proposed rule, if made final, is not expected to affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required. Clarity of This Proposed Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule or policy we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the proposed rule, your comments should be as specific as possible. For example, you should tell us the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. [[Page 26772]] List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Accordingly, we propose to amend part 17, subchapter A of chapter IV, title 50 of the Code of Federal Regulations, as set forth below: PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS 0 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted. 0 2. Amend Sec. 17.22 by revising paragraph (d)(8) to read as follows: Sec. 17.22 Permits for scientific purposes, enhancement of propagation or survival, or for incidental taking. * * * * * (d) * * * (8) Duration of the Candidate Conservation Agreement. The duration of a Candidate Conservation Agreement covered by a permit issued under this paragraph (d) must be sufficient to achieve a net conservation benefit, which is defined as the cumulative benefits of specific conservation measures designed to improve the status of a covered species by removing or minimizing threats, stabilizing populations, and increasing its numbers and improving its habitat. (i) The benefit would be measured by the projected increase in the species' population or improvement of the species' habitat, taking into account the duration of the Agreement and any off-setting adverse effects attributable to the incidental taking allowed by the enhancement of survival permit. (ii) The conservation measures and management activities covered by the agreement must be designed to reduce or eliminate those current and future threats on the property that are under the property owner's control, in order to increase the species populations or improve its habitat. (iii) In the case where the species and habitat is already adequately managed to the benefit of the species, a net conservation benefit will be achieved when the property owner commits to manage the species for a specified period of time with the anticipation that the population will increase or habitat quality will improve. * * * * * 0 3. Amend Sec. 17.32 by revising paragraph (d)(8) to read as follows: Sec. 17.32 Permits--general. * * * * * (d) * * * (8) Duration of the Candidate Conservation Agreement. The duration of a Candidate Conservation Agreement covered by a permit issued under this paragraph (d) must be sufficient to achieve a net conservation benefit, which is defined as the cumulative benefits of specific conservation measures designed to improve the status of a covered species by removing or minimizing threats, stabilizing populations, and increasing its numbers and improving its habitat. (i) The benefit would be measured by the projected increase in the species' population or improvement of the species' habitat, taking into account the duration of the Agreement and any off-setting adverse effects attributable to the incidental taking allowed by the enhancement of survival permit. (ii) The conservation measures and management activities covered by the agreement must be designed to reduce or eliminate those current and future threats on the property that are under the property owner's control, in order to increase the species populations or improve its habitat. (iii) In the case where the species and habitat is already adequately managed to the benefit of the species, a net conservation benefit will be achieved when the property owner commits to manage the species for a specified period of time with the anticipation that the population will increase or habitat quality will improve. Dated: April 13, 2016. Noah Matson, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016-10483 Filed 5-3-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules 26769
PART 165—REGULATED NAVIGATION Captain of the Port, their designated ADDRESSES: You may submit comments
AREAS AND LIMITED ACCESS AREAS representative, or the on-scene official by one of the following methods:
patrol to do otherwise. • Electronically: Go to the Federal
■ 1. The authority citation for part 165 (d) Effective period. This rule is eRulemaking Portal: http://
continues to read as follows: effective from 12:01 a.m. on Wednesday, www.regulations.gov. In the Search box,
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; July 6, 2016 through 12:01 a.m. on enter the docket number for this
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Monday September 12, 2016. proposed rule, which is FWS–HQ–ES–
Department of Homeland Security Delegation (e) Navigation Rules. The Navigation 2015–0171. Then click on the Search
No. 0170.1. Rules shall apply at all times within a button. In the Search panel on the left
■2. Add § 165.T09–0073 to Ninth Coast tall ships safety zone. side of the screen, under the Document
Guard District to read as follows: Dated: April 8, 2016. Type heading, click on the Proposed
J.E. Ryan,
Rules link to locate this document. You
§ 165.T09–0073 Safety Zone; Tall Ships may submit a comment by clicking on
Challenge Great Lakes 2016; Fairport Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
‘‘Comment Now!’’ Please ensure that
Harbor, OH, Bay City, MI, Chicago, IL, Green you have found the correct document
Bay, WI, Sturgeon Bay, WI, Duluth, MN, Erie, [FR Doc. 2016–10453 Filed 5–3–16; 8:45 am]
PA.
before submitting your comment.
BILLING CODE 9110–04–P
• By hard copy: Submit by U.S. mail
(a) Definitions. The following or hand delivery to: Public Comments
definitions apply to this section: Processing, Attn: Docket No. FWS–HQ–
(1) Navigation rules means the DEPARTMENT OF THE INTERIOR ES–2015–0171, U.S. Fish and Wildlife
Navigation Rules, International and
Service, MS: BPHC, 5275 Leesburg Pike,
Inland (See, 1972 COLREGS and 33 Fish and Wildlife Service Falls Church, VA 22041–3803.
U.S.C. 2001 et seq.). We will post all comments on
(2) Official patrol means those 50 CFR Part 17 http://www.regulations.gov. This
persons designated by Captain of the
[Docket No. FWS–HQ–ES–2015–0171; generally means that we will post any
Port Buffalo, Detroit, Sault Ste. Marie,
FF09E40000 167 FXES11150900000] personal information you provide us
Duluth and Lake Michigan to monitor a
(see the Request for Information section,
tall ship safety zone, permit entry into RIN 1018–BB25 below, for more information).
the zone, give legally enforceable orders
to persons or vessels within the zone, Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Jim
and take other actions authorized by the and Plants; Revisions to the Serfis, Chief, Branch of Conservation
cognizant Captain of the Port. Regulations for Candidate and Communications, U.S. Fish and
(3) Public vessel means vessels Conservation Agreements With Wildlife Service Headquarters, MS: ES,
owned, chartered, or operated by the Assurances 5275 Leesburg Pike, Falls Church, VA
United States or by a State or political 22041–3803; telephone 703–358–2171.
subdivision thereof. AGENCY: U.S. Fish and Wildlife Service If you use a telecommunications device
(4) Tall ship means any sailing vessel (FWS), Interior. for the deaf (TDD), call the Federal
participating in the Tall Ships Challenge ACTION: Proposed rule. Information Relay Service (FIRS) at
2016 in the Great Lakes. 800–877–8339.
(b) Location. The following areas are SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION:
safety zones: All navigable waters of the Wildlife Service (FWS), propose
changes to the regulations concerning Background
United States located in the Ninth Coast
Guard District within a 100 yard radius enhancement of survival permits issued Through its Candidate Conservation
of any tall ship. under the Endangered Species Act of program, one of the FWS’s goals is to
(c) Regulations. (1) No person or 1973, as amended (ESA), associated encourage the public to take specific
vessel is allowed within the safety zone with Candidate Conservation conservation actions for declining
unless authorized by the cognizant Agreements with Assurances. We species prior to them being listed under
Captain of the Port, their designated propose to add the term ‘‘net the ESA (16 U.S.C. 1531 et seq.). The
representative, or the on-scene official conservation benefit’’ to the Candidate cumulative outcome of such
patrol. Conservation Agreements with conservation actions may result in not
(2) Persons or vessels operating Assurances regulations, and to eliminate needing to list a species; or may result
within a confined harbor or channel, references to ‘‘other necessary in listing a species as threatened instead
where there is not sufficient navigable properties’’ to clarify the level of of endangered, and provide the basis for
water outside of the safety zone to safely conservation effort we require each the species’ recovery and eventual
maneuver are allowed to operate within agreement to include in order for us to removal from the Federal List of
the safety zone and shall travel at the approve a Candidate Conservation Endangered and Threatened Wildlife.
minimum speed necessary to maintain a Agreement with Assurances. We are The Service put in place a voluntary
safe course. Vessels operating within the also proposing these changes to the conservation program for non-Federal
safety zone shall not come within 25 Candidate Conservation Agreement with property owners to help accomplish this
yards of a tall ship unless authorized by Assurances policy in a separate goal: Candidate Conservation
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
the cognizant Captain of the Port, their document published in today’s Federal Agreements with Assurances (CCAAs).
designated representative, or the on- Register. On June 17, 1999, the policy for this
scene official patrol. DATES: We will accept comments that type of agreement (64 FR 32726) and
(3) When a tall ship approaches any we receive on or before July 5, 2016. implementing regulations in part 17 of
vessel that is moored or anchored, the Comments submitted electronically title 50 of the Code of Federal
stationary vessel must stay moored or using the Federal eRulemaking Portal Regulations (CFR) (64 FR 32706) were
anchored while it remains within the (see ADDRESSES, below) must be made final. On May 3, 2004, we
tall ship’s safety zone unless ordered by received by 11:59 p.m. Eastern Time on published a final rule (69 FR 24084) to
or given permission from the cognizant the closing date. revise the CCAA regulations to make
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![26772 Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
List of Subjects in 50 CFR Part 17 (i) The benefit would be measured by benefits of specific conservation
Endangered and threatened species, the projected increase in the species’ measures designed to improve the status
Exports, Imports, Reporting and population or improvement of the of a covered species by removing or
recordkeeping requirements, species’ habitat, taking into account the minimizing threats, stabilizing
Transportation. duration of the Agreement and any off- populations, and increasing its numbers
Accordingly, we propose to amend setting adverse effects attributable to the and improving its habitat.
part 17, subchapter A of chapter IV, title incidental taking allowed by the (i) The benefit would be measured by
50 of the Code of Federal Regulations, enhancement of survival permit. the projected increase in the species’
(ii) The conservation measures and population or improvement of the
as set forth below:
management activities covered by the species’ habitat, taking into account the
PART 17—ENDANGERED AND agreement must be designed to reduce duration of the Agreement and any off-
THREATENED WILDLIFE AND PLANTS or eliminate those current and future setting adverse effects attributable to the
threats on the property that are under incidental taking allowed by the
■ 1. The authority citation for part 17 the property owner’s control, in order to enhancement of survival permit.
continues to read as follows: increase the species populations or
improve its habitat. (ii) The conservation measures and
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise (iii) In the case where the species and management activities covered by the
noted. habitat is already adequately managed agreement must be designed to reduce
to the benefit of the species, a net or eliminate those current and future
■ 2. Amend § 17.22 by revising threats on the property that are under
paragraph (d)(8) to read as follows: conservation benefit will be achieved
when the property owner commits to the property owner’s control, in order to
§ 17.22 Permits for scientific purposes, manage the species for a specified increase the species populations or
enhancement of propagation or survival, or period of time with the anticipation that improve its habitat.
for incidental taking. the population will increase or habitat (iii) In the case where the species and
* * * * * quality will improve. habitat is already adequately managed
(d) * * * * * * * * to the benefit of the species, a net
(8) Duration of the Candidate ■ 3. Amend § 17.32 by revising conservation benefit will be achieved
Conservation Agreement. The duration paragraph (d)(8) to read as follows: when the property owner commits to
of a Candidate Conservation Agreement manage the species for a specified
covered by a permit issued under this § 17.32 Permits—general.
period of time with the anticipation that
paragraph (d) must be sufficient to * * * * * the population will increase or habitat
achieve a net conservation benefit, (d) * * * quality will improve.
which is defined as the cumulative (8) Duration of the Candidate
benefits of specific conservation Conservation Agreement. The duration Dated: April 13, 2016.
measures designed to improve the status of a Candidate Conservation Agreement Noah Matson,
of a covered species by removing or covered by a permit issued under this Acting Director, U.S. Fish and Wildlife
minimizing threats, stabilizing paragraph (d) must be sufficient to Service.
populations, and increasing its numbers achieve a net conservation benefit, [FR Doc. 2016–10483 Filed 5–3–16; 8:45 am]
and improving its habitat. which is defined as the cumulative BILLING CODE 4333–15–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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Document Created: 2016-05-04 01:23:02
Document Modified: 2016-05-04 01:23:02
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | We will accept comments that we receive on or before July 5, 2016. Comments submitted electronically using the Federal eRulemaking | |
| Contact | Jim Serfis, Chief, Branch of Conservation and Communications, U.S. Fish and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2171. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800- 877-8339. | |
| FR Citation | 81 FR 26769 | |
| RIN Number | 1018-BB25 | |
| CFR Associated | Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation |
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