81 FR 3450 - Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and Wildlife
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 13 (January 21, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 13 (January 21, 2016)
| Page Range | 3450-3452 | |
| FR Document | 2016-01111 |
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)] [Notices] [Pages 3450-3452] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01111] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R5-ES-2015-0182; FXES11120500000-167-FF05E00000] Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and Wildlife AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability, receipt of application. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS), have received an application from the Massachusetts Division of Fisheries and Wildlife (MADFW) for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA). We are considering issuing a 25-year permit to the applicant that would authorize take of the federally threatened piping plover incidental to otherwise lawful activities, specifically recreational activities and beach operations on piping plover breeding beaches in Massachusetts. Pursuant to the ESA and the National Environmental Policy Act (NEPA), we announce the availability of the MADFW's ITP application and draft habitat conservation plan (HCP), as well as the Service's draft environmental assessment (EA), for public review and comment. We provide this notice to seek comments from the public and Federal, Tribal, State, and local governments. DATES: We will accept comments received or postmarked on or before February 22, 2016. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Standard Time on the closing date. ADDRESSES: You may submit written comments by one of the following methods: Electronically: Go to the Federal eRulemaking Portal Web site at http://www.regulations.gov. In the Search box, enter FWS-R5-ES-2015- 0182, which is the docket number for this notice. Click on the appropriate link to locate this document and submit a comment. By hard copy: Submit by U.S. mail or hand-delivery to Public Comments Processing, Attn: Docket No. FWS-R5-ES-2015-0182, Division of Policy, Performance and Management; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, ABHC-PPM; Falls Church, VA 22041-3803. We request that you send comments by only one of the methods described above. We will post all information received on the Web site at: http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: Thomas Chapman, by mail at U.S. Fish and Wildlife Service, New England Field Office, 70 Commercial Street, Suite 300, Concord, NH 03301; or by phone at (603) 223-2541. SUPPLEMENTARY INFORMATION: We received an application from the MADFW for an ITP to take the federally threatened piping plover (Charadrius melodus) over a 25-year period. The ITP would authorize take resulting from recreational activities and beach operations that deviate from State and Federal guidelines for avoiding take (Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns and Their Habitats in Massachusetts (MADFW 1993; http://www.mass.gov/eea/docs/czm/stormsmart/beaches/barrier-beach-guidelines.pdf, accessed December 21, 2015); Guidelines For Managing Recreational Activities In Piping Plover Breeding Habitat On The U.S. Atlantic Coast To Avoid Take Under Section 9 Of The Endangered Species Act (USFWS 1994; http://www.fws.gov/northeast/pipingplover/pdf/recguide.pdf, accessed December 21, 2015)). A conservation program to minimize and mitigate for the impacts of the incidental take would be implemented by the MADFW as described in the draft Massachusetts Division of Fisheries and Wildlife Habitat Conservation Plan for Piping Plover. To comply with the National Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA), we prepared an EA that describes the proposed action, issuance of an ITP to the MADFW, and possible alternatives and analyzes the effects of the proposed action and alternatives on the human environment. We will evaluate whether the EA's analysis is adequate to support a Finding of No Significant Impact. Availability of Documents You may obtain copies of the proposed HCP and draft EA on the internet at the New England Field Office's Web site at http://www.fws.gov/newengland/ or at http://www.regulations.gov at Docket Number FWS-R5-ES-2015-0182. Copies of the proposed HCP and draft EA will also be available for public review during regular business hours at the New England Field Office, 70 Commercial Street, Suite 300, Concord, NH 03301. Those who do not have access to the internet or cannot visit our office can request copies by telephone at (603) 223- 2541, or by letter to the New England Field Office. Background Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations prohibit the ``take'' of animal species listed as endangered or threatened. Take is defined under the ESA as to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct'' (16 U.S.C. 1538). However, under section 10(a)(1)(B) of the ESA, we may issue permits to authorize incidental take of listed species. ``Incidental take'' is defined by the ESA as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Section 10(a)(2)(A) of the ESA requires an ITP [[Page 3451]] applicant to submit an HCP that specifies the steps the applicant will take to minimize and mitigate the impacts of the taking. Regulations governing ITPs for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. The MADFW is seeking a permit for the incidental take of the piping plover for a term of 25 years. Incidental take of this species may occur as a result of recreational activities and beach operations that deviate from State and Federal guidelines for managing piping plovers. The proposed covered activities include: (1) The use of roads and parking lots in the vicinity of unfledged piping plover chicks; (2) recreational activities and beach operations associated with reduced symbolic fencing around nests (temporary stake and twine or rope with signage erected around piping plover nests and habitat to delineate no entry areas for over-sand vehicles (OSVs) and pedestrians); (3) recreational activities and beach operations associated with reduced proactive symbolic fencing of piping plover habitat; (4) the moving of piping plover nests for recreational access and beach operations; and (5) OSV use in the vicinity of unfledged piping plover chicks. The proposed conservation strategy in the applicant's proposed HCP is designed to avoid, minimize, and mitigate the impacts of covered activities on the piping plover. The HCP's stated purpose is to advance piping plover conservation and recovery in Massachusetts while maintaining and improving recreational beach access and beach operations. To achieve plover conservation and limited flexibility for recreational activities and beach operations, the HCP identified broad program goals, including: (1) A framework to maintain a ``viable and robust'' piping plover population in Massachusetts; (2) community support for piping plover conservation; and (3) streamlining the State and Federal permitting processes for site-level management flexibility. The MADFW intends to extend its take authorization to issue Certificates of Inclusion (COIs) to approved landowners and beach managers (referred to as Plan participants) who: (1) Engage in the covered activities described in the HCP; (2) meet the COI eligibility and application requirements described in the HCP; and (3) agree to implement the HCP, required ITP conditions, and the MADFW conservation and management permit (required for State-listed species, including the piping plover). Plan participants are required to develop implementation avoidance and minimization plans (IAMPs) that are based on conservation measures outlined in the HCP and to implement mitigation to offset the take of piping plover adults, chicks, and nests. The HCP conservation strategy's primary avenue for mitigation is selective predator management that would be implemented on site or off site. Additional education, outreach, and law enforcement efforts could be implemented by Plan participants, but because the impacts of these measures are not quantifiable, these measures are not considered to offset the anticipated take. The HCP outlines a sliding scale for estimating the annual allowable take of broods, nests, or territories based on the 3-year running statewide population average. The scale ranges from 0 take if the statewide population is below 500 breeding pairs to a maximum take exposure of 7 percent of the statewide population if the statewide population is at or exceeds 655 breeding pairs. Therefore, the annual amount of take over the 25-year permit duration could range from a low of no nests, broods, or territories exposed to take to a high of 7 percent of the statewide population's nests, broods, or territories exposed to take. The Service has estimated the potential take to be the highest level of annual take, 70 broods per year, based on a statewide population estimate of 1,000 breeding pairs. This estimate is based on the estimated Massachusetts carrying capacity of 1,100 breeding pairs and the assumption that carrying capacity is unlikely to be reached during the permit term. The proposed action is the issuance of an ITP and implementation of the proposed HCP. The MADFW considered two alternatives to the proposed action in its HCP: A reduced take alternative under which expanded OSV use in the presence of unfledged plover chicks would not be included, thereby reducing the amount of take allocated under the HCP, and an activity-by-activity alternative whereby the MADFW and beach landowners or managers of recreational beaches would apply to the Service for individual ITPs for take associated with recreational activities and beach operations. National Environmental Policy Act In compliance with NEPA, we analyzed the impacts of the proposed project, issuance of an ITP and implementation of the HCP, and a reasonable range of alternatives. Based on this analysis and any new information resulting from public comment, we will determine if there are any significant impacts caused by the proposed action. We have prepared a draft EA on the proposed action and have made it available for public inspection online or in person at the New England Field Office (see Availability of Documents). NEPA requires that a range of reasonable alternatives to the proposed action be described. The draft EA analyzes three alternatives: A no action alternative, the proposed action, and a shorter permit term alternative. Next Steps We will evaluate the plan and comments we receive to determine whether the permit application meets the requirements of section 10(a) of the ESA (16 U.S.C. 1531 et seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) permit would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether to issue a permit. If the requirements are met, we will issue the permit to the applicant. Public Comments The Service invites the public to comment on the proposed HCP and draft EA during a 30-day public comment period (see DATES). You may submit comments by one of the methods shown under ADDRESSES. Public Availability of Comments We will post all public comments and information received electronically or via hard copy on our Web site at: http://regulations.gov. All comments received, including names and addresses, will become part of the administrative record and will be available to the public. Before including your address, phone number, electronic mail address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--will be publicly available. If you submit a hard copy comment that includes personal identifying information, you may request at the top of you document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Authority This notice is provided pursuant to section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). [[Page 3452]] Dated: January 13, 2016. Paul Phifer, Assistant Regional Director, Ecological Services, Northeast Region. [FR Doc. 2016-01111 Filed 1-20-16; 8:45 am] BILLING CODE 4333-15-P
![3450 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices
Average Hours per Response: 83. otherwise lawful activities, specifically Massachusetts (MADFW 1993; http://
Total Estimated Burdens: 24,485. recreational activities and beach www.mass.gov/eea/docs/czm/
operations on piping plover breeding stormsmart/beaches/barrier-beach-
B. Solicitation of Public Comment
beaches in Massachusetts. Pursuant to guidelines.pdf, accessed December 21,
This notice is soliciting comments the ESA and the National 2015); Guidelines For Managing
from members of the public and affected Environmental Policy Act (NEPA), we Recreational Activities In Piping Plover
parties concerning the collection of announce the availability of the Breeding Habitat On The U.S. Atlantic
information described in Section A on MADFW’s ITP application and draft Coast To Avoid Take Under Section 9
the following: habitat conservation plan (HCP), as well Of The Endangered Species Act
(1) Whether the proposed collection as the Service’s draft environmental (USFWS 1994; http://www.fws.gov/
of information is necessary for the assessment (EA), for public review and northeast/pipingplover/pdf/
proper performance of the functions of comment. We provide this notice to recguide.pdf, accessed December 21,
the agency, including whether the seek comments from the public and 2015)). A conservation program to
information will have practical utility; Federal, Tribal, State, and local minimize and mitigate for the impacts
(2) The accuracy of the agency’s governments. of the incidental take would be
estimate of the burden of the proposed DATES: We will accept comments implemented by the MADFW as
collection of information; received or postmarked on or before described in the draft Massachusetts
(3) Ways to enhance the quality, February 22, 2016. Comments submitted Division of Fisheries and Wildlife
utility, and clarity of the information to electronically using the Federal Habitat Conservation Plan for Piping
be collected; and eRulemaking Portal (see ADDRESSES Plover.
(4) Ways to minimize the burden of section, below) must be received by To comply with the National
the collection of information on those 11:59 p.m. Eastern Standard Time on Environmental Policy Act (42 U.S.C.
who are to respond; including through the closing date. 4321 et seq.) (NEPA), we prepared an
the use of appropriate automated EA that describes the proposed action,
ADDRESSES: You may submit written
collection techniques or other forms of issuance of an ITP to the MADFW, and
comments by one of the following
information technology, e.g., permitting possible alternatives and analyzes the
methods:
electronic submission of responses.HUD effects of the proposed action and
Electronically: Go to the Federal
encourages interested parties to submit alternatives on the human environment.
eRulemaking Portal Web site at http://
comment in response to these questions. We will evaluate whether the EA’s
www.regulations.gov. In the Search box,
analysis is adequate to support a
Authority: Section 3507 of the Paperwork enter FWS–R5–ES–2015–0182, which is
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Finding of No Significant Impact.
the docket number for this notice. Click
Dated: January 13, 2016. on the appropriate link to locate this Availability of Documents
Colette Pollard, document and submit a comment. You may obtain copies of the
By hard copy: Submit by U.S. mail or proposed HCP and draft EA on the
Department Reports Management
Officer,Office of the Chief Information Officer.
hand-delivery to Public Comments internet at the New England Field
Processing, Attn: Docket No. FWS–R5– Office’s Web site at http://www.fws.gov/
[FR Doc. 2016–01151 Filed 1–20–16; 8:45 am]
ES–2015–0182, Division of Policy, newengland/ or at http://
BILLING CODE 4210–67–P
Performance and Management; U.S. www.regulations.gov at Docket Number
Fish and Wildlife Service; 5275 FWS–R5–ES–2015–0182. Copies of the
Leesburg Pike, ABHC–PPM; Falls proposed HCP and draft EA will also be
DEPARTMENT OF THE INTERIOR Church, VA 22041–3803. available for public review during
We request that you send comments regular business hours at the New
Fish and Wildlife Service by only one of the methods described England Field Office, 70 Commercial
[FWS–R5–ES–2015–0182; above. We will post all information Street, Suite 300, Concord, NH 03301.
FXES11120500000–167–FF05E00000] received on the Web site at: http:// Those who do not have access to the
www.regulations.gov. This generally internet or cannot visit our office can
Draft Environmental Assessment, means that we will post any personal
Habitat Conservation Plan, and request copies by telephone at (603)
information you provide us (see the 223–2541, or by letter to the New
Application for an Incidental Take Public Comments section below for
Permit for Piping Plover, England Field Office.
more information).
Massachusetts Division of Fisheries FOR FURTHER INFORMATION CONTACT: Background
and Wildlife Thomas Chapman, by mail at U.S. Fish Section 9 of the ESA (16 U.S.C. 1531
AGENCY: Fish and Wildlife Service, and Wildlife Service, New England et seq.) and its implementing
Interior. Field Office, 70 Commercial Street, regulations prohibit the ‘‘take’’ of
ACTION: Notice of availability, receipt of
Suite 300, Concord, NH 03301; or by animal species listed as endangered or
application. phone at (603) 223–2541. threatened. Take is defined under the
SUPPLEMENTARY INFORMATION: We ESA as to ‘‘harass, harm, pursue, hunt,
SUMMARY: We, the U.S. Fish and received an application from the shoot, wound, kill, trap, capture, or
Wildlife Service (Service or USFWS), MADFW for an ITP to take the federally collect, or to attempt to engage in any
have received an application from the threatened piping plover (Charadrius such conduct’’ (16 U.S.C. 1538).
asabaliauskas on DSK9F6TC42PROD with NOTICES
Massachusetts Division of Fisheries and melodus) over a 25-year period. The ITP However, under section 10(a)(1)(B) of
Wildlife (MADFW) for an incidental would authorize take resulting from the ESA, we may issue permits to
take permit (ITP) under the Endangered recreational activities and beach authorize incidental take of listed
Species Act of 1973, as amended (ESA). operations that deviate from State and species. ‘‘Incidental take’’ is defined by
We are considering issuing a 25-year Federal guidelines for avoiding take the ESA as take that is incidental to, and
permit to the applicant that would (Guidelines for Managing Recreational not the purpose of, carrying out an
authorize take of the federally Use of Beaches to Protect Piping otherwise lawful activity. Section
threatened piping plover incidental to Plovers, Terns and Their Habitats in 10(a)(2)(A) of the ESA requires an ITP
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![3452 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices
Dated: January 13, 2016. (telephone); (703) 358–2281 (fax); II. Background
Paul Phifer, DMAFR@fws.gov (email). To help us carry out our conservation
Assistant Regional Director, Ecological SUPPLEMENTARY INFORMATION: responsibilities for affected species, and
Services, Northeast Region.
I. Public Comment Procedures in consideration of section 10(a)(1)(A) of
[FR Doc. 2016–01111 Filed 1–20–16; 8:45 am] the Endangered Species Act of 1973, as
BILLING CODE 4333–15–P A. How do I request copies of amended (16 U.S.C. 1531 et seq.), along
applications or comment on submitted with Executive Order 13576,
applications? ‘‘Delivering an Efficient, Effective, and
DEPARTMENT OF THE INTERIOR Accountable Government,’’ and the
Send your request for copies of
Fish and Wildlife Service applications or comments and materials President’s Memorandum for the Heads
concerning any of the applications to of Executive Departments and Agencies
[Docket No. FWS–HQ–IA–2015–0149; the contact listed under ADDRESSES. of January 21, 2009—Transparency and
FXIA16710900000–156–FF09A30000] Open Government (74 FR 4685; January
Please include the Federal Register
Endangered Species; Receipt of notice publication date, the PRT- 26, 2009), which call on all Federal
Application for Permit number, and the name of the applicant agencies to promote openness and
in your request or submission. We will transparency in Government by
AGENCY: Fish and Wildlife Service, not consider requests or comments sent disclosing information to the public, we
Interior. to an email or address not listed under invite public comment on these permit
ACTION: Notice of receipt of application ADDRESSES. If you provide an email applications before final action is taken.
for permit; reopening of comment address in your request for copies of III. Permit Application
period. applications, we will attempt to respond
to your request electronically. Endangered Species
SUMMARY: We, the U.S. Fish and Please make your requests or
Wildlife Service, invite the public to Applicant: Yerkes National Primate
comments as specific as possible. Please
comment on the following application Research Center, Atlanta, GA; PRT–
confine your comments to issues for
to conduct certain activities with 69024B
which we seek comments in this notice,
endangered species. With some and explain the basis for your On October 15, 2015, we published a
exceptions, the Endangered Species Act comments. Include sufficient Federal Register notice inviting the
(ESA) prohibits activities with listed information with your comments to public to comment on an application for
species unless Federal authorization is allow us to authenticate any scientific or a permit to conduct a certain activity
acquired that allows such activities. commercial data you include. with endangered species (80 FR 62089).
DATES: We must receive comments or The comments and recommendations We are now reopening the comment
requests for documents on or before that will be most useful and likely to period to allow the public the
February 22, 2016. influence agency decisions are: (1) opportunity to review additional
ADDRESSES: Submitting Comments: You Those supported by quantitative information submitted for the issuance
may submit comments by one of the information or studies; and (2) Those of a permit to export two male and six
following methods: that include citations to, and analyses female captive-bred chimpanzees (pan
• Federal eRulemaking Portal: http:// of, the applicable laws and regulations. troglodytes) to Wingham Wildlife Park,
www.regulations.gov. Follow the We will not consider or include in our Wingham, United Kingdom, for the
instructions for submitting comments administrative record comments we purpose of enhancement of the survival
on Docket No. FWS–HQ–IA–2015–0149. receive after the close of the comment of the species.
• U.S. mail or hand-delivery: Public period (see DATES) or comments
Comments Processing, Attn: Docket No. Brenda Tapia,
delivered to an address other than those
FWS–HQ–IA–2015–0149; U.S. Fish and Program Analyst/Data Administrator, Branch
listed above (see ADDRESSES). of Permits, Division of Management
Wildlife Service Headquarters, MS:
B. May I review comments submitted by Authority.
BPHC; 5275 Leesburg Pike, Falls
Church, VA 22041–3803. others? [FR Doc. 2016–01095 Filed 1–20–16; 8:45 am]
When submitting comments, please Comments, including names and BILLING CODE 4333–15–P
indicate the name of the applicant and street addresses of respondents, will be
the PRT# you are commenting on. We available for public review at the street
will post all comments on http:// DEPARTMENT OF THE INTERIOR
address listed under ADDRESSES. The
www.regulations.gov. This generally public may review documents and other Geological Survey
means that we will post any personal information applicants have sent in
information you provide us (see the support of the application unless our [GX16EN05ESB0500]
Public Comments section below for allowing viewing would violate the
more information). Viewing Comments: Reopening of Nomination Period for
Privacy Act or Freedom of Information
Comments and materials we receive will State Government Members of the
Act. Before including your address,
be available for public inspection on Advisory Committee on Climate
phone number, email address, or other
http://www.regulations.gov, or by Change and Natural Resource Science
personal identifying information in your
appointment, between 8 a.m. and 4 comment, you should be aware that AGENCY: U.S. Geological Survey,
asabaliauskas on DSK9F6TC42PROD with NOTICES
p.m., Monday through Friday, except your entire comment—including your Interior.
Federal holidays, at the U.S. Fish and personal identifying information—may ACTION: Notice.
Wildlife Service, Division of be made publicly available at any time.
Management Authority, 5275 Leesburg While you can ask us in your comment SUMMARY: On October 19, 2015, the U.S.
Pike, Falls Church, VA 22041–3803; to withhold your personal identifying Department of the Interior published a
telephone 703–358–2095. information from public review, we notice inviting nominations for non-
FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to Federal members of the Advisory
Brenda Tapia, (703) 358–2104 do so. Committee on Climate Change and
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Document Created: 2018-02-02 12:34:05
Document Modified: 2018-02-02 12:34:05
| 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, receipt of application. | |
| Dates | We will accept comments received or postmarked on or before February 22, 2016. Comments submitted electronically using the Federal | |
| Contact | Thomas Chapman, by mail at U.S. Fish and Wildlife Service, New England Field Office, 70 Commercial Street, Suite 300, Concord, NH 03301; or by phone at (603) 223-2541. | |
| FR Citation | 81 FR 3450 |
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