81 FR 62758 - Receipt of an Application for an Incidental Take Permit for the American Burying Beetle, From American Electric Power, and Availability of Proposed Habitat Conservation Plan, Pittsburg County, Oklahoma

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 176 (September 12, 2016)

Under the Endangered Species Act of 1973, as amended (Act), we, the Fish and Wildlife Service (Service), have received an application for an incidental take permit (ITP) and a proposed habitat conservation plan (HCP) from American Electric Power in Pittsburg County, Oklahoma. Our low-effect screening form (LESF), which supports a categorical exclusion for the HCP under the National Environmental Policy Act (NEPA), is also available for review. The requested permit, which would be in effect for a period of 3 years, if granted, would authorize incidental take of the American burying beetle resulting from the construction of two segments of the Talawanda to McAlester electric transmission line.

[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62758-62759]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21412]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2016-N129; FXES11120200000-167-FF02ENEH00]


Receipt of an Application for an Incidental Take Permit for the 
American Burying Beetle, From American Electric Power, and Availability 
of Proposed Habitat Conservation Plan, Pittsburg County, Oklahoma

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: Under the Endangered Species Act of 1973, as amended (Act), 
we, the Fish and Wildlife Service (Service), have received an 
application for an incidental take permit (ITP) and a proposed habitat 
conservation plan (HCP) from American Electric Power in Pittsburg 
County, Oklahoma. Our low-effect screening form (LESF), which supports 
a categorical exclusion for the HCP under the National Environmental 
Policy Act (NEPA), is also available for review. The requested permit, 
which would be in effect for a period of 3 years, if granted, would 
authorize incidental take of the American burying beetle resulting from 
the construction of two segments of the Talawanda to McAlester electric 
transmission line.

DATES: Comments: To ensure consideration, please send your written 
comments by October 12, 2016.

ADDRESSES: Obtaining Documents:
     Internet: You may obtain copies of the draft low-effect 
screening form and draft HCP on the Service's Web site at http://www.fws.gov/southwest/es/Oklahoma/.
     U.S. Mail: Field Supervisor, Oklahoma Ecological Services 
Field Office, 9014 East 21st Street, Tulsa, OK 74129; telephone 918-
382-4500. Please note that your request is in reference to the American 
Electric Power (AEP) LEHCP (TE01909C).
     In-Person: Copies of the draft low-effect screening form 
and draft HCP are also available for public inspection and review at 
the following locations, by appointment and written request only, 8 
a.m. to 4:30 p.m.:
    [cir] Department of the Interior, Natural Resources Library, 1849 C 
St. NW., Washington, DC 20240.
    [cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
6034, Albuquerque, NM 87201.
    [cir] U.S. Fish and Wildlife Service, 9014 East 21st St., Tulsa, OK 
74129; 918-382-4500 (phone); or 918-581-7467 (fax).
    Persons wishing to review the application may obtain a copy by 
writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. 
Box 1306, Room 4102, Albuquerque, NM 87103, Attention: Branch Chief, 
Environmental Review.
    Comment submission: You may submit written comments by one of the 
following methods:
     Electronically: [email protected].
     By hard copy: U.S. Fish and Wildlife Service, 9014 East 
21st St., Tulsa, OK 74129; calling 918-382-4500; or faxing 918-581-
7467.

FOR FURTHER INFORMATION CONTACT: Jonna Polk, Field Supervisor, U.S. 
Fish and Wildlife Service, 9014 East 21st St., Tulsa, OK 74129; or by 
telephone at 918-382-4500.

SUPPLEMENTARY INFORMATION: Under the Act (16 U.S.C. 1531 et seq.), we 
have received an application for an ITP and a proposed HCP from AEP in 
Pittsburg County, Oklahoma. Our LESF, which supports a categorical 
exclusion for the HCP under NEPA (42 U.S.C. 4321, et seq.), is also 
available for review. The requested permit, which would be in effect 
for a period of 3 years, if granted, would authorize incidental take of 
the American burying beetle resulting from the construction of two 
segments of the Talawanda to McAlester electric transmission line.
    Under NEPA, we advise the public that we have gathered the 
information necessary to determine impacts related to potential 
issuance of an ITP and have determined that the proposed action 
qualifies as a low-effect HCP and is categorically excluded from the 
NEPA process; and
    In addition, the applicant has developed and proposes to implement

[[Page 62759]]

its draft HCP, as part of the application for an ITP, which describes 
the measures the applicant has agreed to take to avoid, minimize, and 
mitigate the effects of the incidental take of American burying beetles 
(Nicrophorus americanus; ABB; covered species) to the maximum extent 
practicable pursuant to section 10(a)(1)(B) of the Act.
    The requested permit would authorize incidental take of the ABB as 
a result of the construction of two segments along 2.11 miles of the 
Talawanda to McAlester transmission line in Pittsburg County, OK 
(Permit Area), as a result of activities associated with the 
applicant's construction and maintenance activities (covered 
activities). Such actions may require disturbance within potential 
American burying beetle habitat. American Electric Power has proposed 
to mitigate the impacts to 13.07 acres of suitable habitat for the 
American burying beetle, including 10.42 acres of temporary impacts, 
2.65 acres of permanent cover change (changing of vegetative 
successional stage, but remaining as suitable ABB habitat), and 0.006 
acres of permanent change (changing of ABB habitat from suitable to 
non-suitable). These habitat acres will be mitigated in perpetuity 
according to Service-approved mitigation ratios through the purchase of 
credits at an approved conservation bank for ABB. Additionally, 
avoidance and minimization measures will be implemented including 
limiting clearing in temporary work areas, relief of soil compaction, 
and revegetation of temporary and permanent cover change impacts with 
native vegetation after construction is completed.
    Section 9 of the Act and its implementing regulations prohibit 
``take'' of fish and wildlife species listed as threatened or 
endangered under section 4 of the Act. However, section 10(a) of the 
Act authorizes us to issue permits to take listed wildlife species 
where such take is incidental to, and not the purpose of, otherwise 
lawful activities and where the applicant meets certain statutory 
requirements.

Public Availability of Comments

    Written comments 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 comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. 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.

Authority

    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6).

Joy E. Nicholopoulos,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2016-21412 Filed 9-9-16; 8:45 am]
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