81_FR_78840 81 FR 78624 - Draft Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit for the Kamehameha Schools; Keauhou and Kilauea Forest Lands, Hawaii Island, Hawaii

81 FR 78624 - Draft Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit for the Kamehameha Schools; Keauhou and Kilauea Forest Lands, Hawaii Island, Hawaii

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 216 (November 8, 2016)

Page Range78624-78628
FR Document2016-26919

We, the U.S. Fish and Wildlife Service (Service), have received an application from Kamehameha Schools (KS), a private charitable education trust, for an enhancement of survival permit (permit) under the Endangered Species Act of 1973, as amended (ESA). The permit application includes a draft Safe Harbor Agreement (SHA) between KS, the Service, and the Hawaii Department of Land and Natural Resources (DLNR). Kamehameha Schools is proposing to conduct proactive conservation activities to promote the survival and recovery of 32 federally endangered species and one species currently proposed for listing (``covered species'') across the Keauhou and Kilauea Forest Lands, which comprise 32,280 acres on the southeastern slope of Mauna Loa, Hawaii Island. We invite comments from all interested parties on the permit application, including the draft 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 216 (Tuesday, November 8, 2016)
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78624-78628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26919]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2017-N180; FXES11140100000-178-FF01E00000]


Draft Safe Harbor Agreement and Receipt of Application for an 
Enhancement of Survival Permit for the Kamehameha Schools; Keauhou and 
Kilauea Forest Lands, Hawaii Island, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Kamehameha Schools (KS), a private 
charitable education trust, for an enhancement of survival permit 
(permit) under the Endangered Species Act of 1973, as amended (ESA). 
The permit application includes a draft Safe Harbor Agreement (SHA) 
between KS, the Service, and the Hawaii Department of Land and Natural 
Resources (DLNR). Kamehameha Schools is proposing to conduct proactive 
conservation activities to promote the survival and recovery of 32 
federally endangered species and one species currently proposed for 
listing (``covered species'') across the Keauhou

[[Page 78625]]

and Kilauea Forest Lands, which comprise 32,280 acres on the 
southeastern slope of Mauna Loa, Hawaii Island. We invite comments from 
all interested parties on the permit application, including the draft 
SHA and a draft environmental action statement (EAS) prepared pursuant 
to the requirements of the National Environmental Policy Act (NEPA).

DATES: To ensure consideration, please send your written comments by 
December 8, 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 Kamehameha Schools--Keauhou 
and Kilauea Forest Lands SHA, draft EAS, and the proposed issuance of 
the Permit:
     Internet: Documents may be viewed on the internet at 
http://www.fws.gov/pacificislands/.
     Email: [email protected]. Include ``Kamehameha 
Schools SHA and draft EAS'' in the subject line of the message.
     U.S. Mail: Field Supervisor, U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, HI 96850.
     Fax: 808-792-9581, Attn: Field Supervisor. Include 
``Kamehameha Schools SHA and draft EAS'' in the subject line of the 
message.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, Hawaii 96850. 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: Ms. Michelle Bogardus (Maui Nui and 
Hawaii Island Team Manager) or Ms. Donna Ball (Hawaii Island Fish and 
Wildlife Biologist), U.S. Fish and Wildlife Service (see ADDRESSES), by 
telephone at 808-792-9400. If you use a telecommunications device for 
the deaf, please call the Federal Information Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

Background

    Under a SHA, participating landowners undertake management 
activities on their property to enhance, restore, or maintain habitat 
conditions for species listed under the ESA (16 U.S.C. 1531 et seq.) to 
an extent that is likely to result in a net conservation benefit for 
the covered listed species. A SHA, and the associated permit issued to 
participating landowners pursuant to section 10(a)(1)(A) of the ESA, 
encourage private and other non-Federal property owners to implement 
conservation actions for federally listed species by assuring the 
participating landowners that they will not be subjected to increased 
property use restrictions as a result of their efforts to either 
attract listed species to their property, or to increase the numbers or 
distribution of listed species already on their property.
    The SHA and its associated permit allow the property owner to alter 
or modify the enrolled property back to agreed-upon pre-permit baseline 
conditions at the end of the term of the permit, even if such 
alteration or modification results in the incidental take of a listed 
species. The baseline conditions must reflect the known biological and 
habitat characteristics that support existing levels of use of the 
enrolled property by species covered in the SHA. The authorization to 
take listed species is contingent on the property owner complying with 
obligations in the SHA and the terms and conditions of the permit. The 
SHA's net conservation benefits must be sufficient to contribute, 
either directly or indirectly, to the recovery of the covered listed 
species. Enrolled landowners may make lawful use of the enrolled 
property during the term of the permit and may incidentally take the 
listed species named on the permit in accordance with the terms and 
conditions of the permit.
    Permit application requirements and issuance criteria for 
enhancement of survival permits for SHAs are found in the Code of 
Federal Regulations (CFR) at 50 CFR 17.22(c). The Service's Safe Harbor 
Policy (64 FR 32717, June 17, 1999) and the Safe Harbor Regulations (68 
FR 53320, September 10, 2003; and 69 FR 24084, May 3, 2004) are 
available at http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.

Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor 
Agreement

    The Service has received a permit application from KS to authorize 
incidental take of the covered species with implementation of the SHA. 
The permit application includes a draft SHA between KS, the Service, 
and Hawaii DLNR. The conservation objective of the SHA is to promote 
recovery of the following Federal- and State-endangered birds: the 
Hawaii Creeper (Loxops mana); Hawaii Akepa (Loxops coccineus); 
Akiapolaau (Hemignathus wilsoni); Io (Hawaiian Hawk; Buteo solitarius); 
Nene (Hawaiian Goose; Branta sandvicensis); Alala (Hawaiian Crow; 
Corvus hawaiiensis); Hawaiian Hoary Bat (Opeapea; Lasiurus cinereus 
semotus); and 25 endangered plant species (collectively referred to as 
the ``covered species'') through habitat restoration and management 
practices (Table 1), as well as the Iiwi (Vestiaria coccinea), a 
species proposed for listing as threatened. The activities implemented 
under this SHA will aid in increasing the current range of the covered 
species, restoring these species to part of their historic ranges, 
increasing the total population of these species, and reestablishing 
wild populations of these species, thus contributing to their overall 
recovery. Implementation of the SHA is also likely to reduce habitat 
fragmentation by connecting a network of protected and managed State, 
Federal, and private lands within the south central region of Hawaii 
Island and is also likely to benefit other native species.
    Of the covered species, all but one of the wildlife species 
currently occur on the property. The Alala is currently extirpated in 
the wild, but survives through an intensive captive breeding program 
and partnership between the San Diego Zoo, the Service, and Hawaii 
DLNR. The Alala will be reintroduced to the wild in November 2016 on 
State-owned lands adjacent to Keauhou and Kilauea Forest. It is likely 
that released Alala will disburse beyond the release site and enter the 
enrolled property under the SHA. Of the covered plant species, eight 
currently occur on the enrolled property. The remaining covered plant 
species are known to have historically occurred in the region, and may 
become re-established on the enrolled property through habitat 
enhancement and restoration activities described in the SHA, or may be 
outplanted on the enrolled property over the term of the SHA and 
permit.

[[Page 78626]]



                 Table 1--Wildlife Species Covered Under the Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor Agreement
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State population
               Species                   Status Federal/State           estimate                          Current distribution by island
--------------------------------------------------------------------------------------------------------------------------------------------------------
Akiapolaau, (Hemignathus wilsoni)....  Endangered.............  1,900..................  Hawaii.
Hawaii Creeper, (Loxops mana)........  Endangered.............  14,000.................  Hawaii.
Hawaii Akepa (Loxops coccineus)......  Endangered.............  12,000.................  Hawaii.
Iiwi (Vestiaria coccinea)............  Petitioned for Listing.  >300,000...............  Hawaii, Maui, Kauai, Molokai, Oahu.
Io, Hawaiian Hawk (Buteo solitarius).  Endangered.............  1,200..................  Hawaii.
Alala, Hawaiian Crow (Corvus           Endangered.............  135 individuals in       Extinct in the wild.
 hawaiiensis).                                                   captivity.
Nene, Hawaiian Goose (Branta           Endangered.............  2500...................  Hawaii, Maui, Kauai, Molokai, Oahu.
 sandvicensis).
Opeapea, Hawaiian Hoary Bat (Lasiurus  Endangered.............  Widely distributed but   Hawaii, Maui, Kauai, Molokai, Oahu.
 cinereus semotus).                                              population unknown.
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Table 2--Plant Species Covered Under the Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor
                                                    Agreement
----------------------------------------------------------------------------------------------------------------
                                                                                                Current presence
            Species             Status  Federal/         Current distribution by island         on  the enrolled
                                      State                                                         property
----------------------------------------------------------------------------------------------------------------
Asplenium peruvianum var.       Endangered......  Hawaii, Maui................................  Present.
 insulare.
Clermontia lindseyana, Oha wai  Endangered......  Hawaii, Maui................................  Present.
Cyanea shipmanii, Haha........  Endangered......  Hawaii......................................  Present.
Cyanea stictophylla, Haha.....  Endangered......  Hawaii......................................  Present.
Phyllostegia racemosa,          Endangered......  Hawaii......................................  Present.
 Kiponapona.
Phyllostegia velutina.........  Endangered......  Hawaii......................................  Present.
Plantago hawaiensis...........  Endangered......  Hawaii......................................  Present.
Vicia menziesii...............  Endangered......  Hawaii......................................  Present.
Argyroxiphium kauens,           Endangered......  Hawaii......................................  Not Present.
 Ahinahina.
Clermontia peleana, Oha.......  Endangered......  Hawaii, Maui................................  Not Present.
Cyanea tritomantha, Aku.......  Endangered......  Hawaii......................................  Not Present.
Cyrtandra giffardii, Haiwale..  Endangered......  Hawaii......................................  Not Present.
Cyrtandra tintinnabula,         Endangered......  Hawaii......................................  Not Present.
 Haiwale.
Hibiscadelphus giffardianus,    Endangered......  Hawaii......................................  Not Present.
 Hau kuahiwi.
Joinvillea ascendens, Ohe.....  Endangered......  Hawaii, Maui, Kauai, Molokai, Oahu..........  Not Present.
Melicope zahlbruckneri, Alani.  Endangered......  Hawaii......................................  Not Present.
Neraudia ovata................  Endangered......  Hawaii......................................  Not Present.
Nothocestrum breviflorum, Aiea  Endangered......  Hawaii......................................  Not Present.
Phyllostegia floribunda.......  Endangered......  Hawaii......................................  Not Present.
Phyllostegia parviflora.......  Endangered......  Hawaii, Maui, Oahu..........................  Not Present.
Ranunculus hawaiiensis, Makou.  Endangered......  Hawaii, Maui................................  Not Present.
Sicyos alba, Anunu............  Endangered......  Hawaii......................................  Not Present.
Sicyos macrophyllus, Anunu....  Endangered......  Hawaii......................................  Not Present.
Silene hawaiiensis............  Endangered......  Hawaii......................................  Not Present.
Stenogyne angustifolia........  Endangered......  Hawaii, Maui, Molokai.......................  Not Present.
----------------------------------------------------------------------------------------------------------------

    The land area covered by the SHA and permit (``enrolled property'') 
encompasses 32,280 acres on the southeastern slope of Mauna Loa on the 
island of Hawaii. The enrolled property is bounded by Federal lands to 
the west and south (Hawaii Volcanoes National Park), State lands to the 
east (Puu Makaala Natural Area Reserve) and north (Mauna Loa Forest 
Reserve), and State-leased lands to the north (Kipuka Ainahou Nene 
Sanctuary). Kamehameha Schools' management and stewardship practices 
have contributed to preserving some of the last remaining intact native 
forests in Hawaii. Keauhou Forest and Kilauea Forest support native 
habitat for numerous endangered species. A portion of the enrolled 
property, Kilauea Forest, has been largely unaltered and has long been 
recognized for its native bird populations. The area within the Keauhou 
boundary was formerly altered by ranching and logging operations. 
Currently no cattle ranching operations exist, and both Keauhou and 
Kilauea are managed to preserve and restore the native forests via 
ungulate removal, reforestation, and out-plantings of native and rare 
species. In addition to native forest restoration activities, portions 
of Keauhou (but not Kilauea) will include forest management practices 
for the purposes of sustainably harvesting native hardwoods. These 
efforts implemented by KS are expected to result in a further increase 
in biodiversity in the region. In addition, KS continues to provide 
educational opportunities to promote the conservation of healthy native 
ecosystems.
    Covered activities associated with the SHA include: (1) Removal of 
invasive predators; (2) habitat restoration and native plant community 
outplantings; (3) koa silviculture; (4) ungulate fence installation/
maintenance and ungulate control; (5) invasive weed control; (6) fire 
threat management; (7) response efforts for Rapid Ohia Death; and (8) 
other activities on the enrolled property that are not likely to result 
in take of the covered species due to the incorporation of take 
avoidance and minimization measures. All of the covered activities are 
associated with enhancement of the native forest, and will result in a 
net benefit to each of the covered species. If issued, the permit would 
authorize incidental take of the covered species that may occur as a 
result of the covered activities. Incidental take associated

[[Page 78627]]

with the implementation of the SHA is anticipated to be very low due to 
the incorporation of significant take avoidance and minimization 
measures for each covered activity. Both the SHA and the permit are 
proposed for a term of 50 years.
    Kamehameha Schools is simultaneously applying to the Hawaii DLNR 
for an Incidental Take License (ITL) under the Hawaii Endangered 
Species Law (Hawaii Revised Statutes Sec.  195D). The draft SHA serves 
as the basis for permit and ITL decisions by the Service and the Hawaii 
DLNR, respectively. Kamehameha Schools worked closely with the Service 
and DLNR to develop the SHA.

The Service's Proposed Action

    The Service proposes to enter into the SHA and to issue a permit to 
KS authorizing incidental take of the covered species caused by covered 
activities, if permit issuance criteria are met. Both the SHA and the 
permit would have a term of 50 years.
    Due to the difficulty in monitoring individuals of some of the 
covered species, occupied habitat has been used to establish baseline 
conditions for the Hawaiian forest birds, the Hawaiian hawk, and 
Hawaiian hoary bat. The baseline for the Hawaiian forest birds, 
including the Akiapolaau, Hawaii Creeper, Hawaii Akepa, and Iiwi, is 
represented by the extent of their current occupied habitat, determined 
to be forest habitat with a tree cover of closed canopy, open canopy, 
scattered trees and very scattered trees for a total of 4,162 acres. 
The baseline for the Hawaiian Hawk and Hawaiian hoary bat is defined as 
18,517 acres of open or closed canopy tree cover across the enrolled 
property, of which a majority is native dominated koa and ohia trees.
    The baseline determination for the Nene is based on weekly surveys 
conducted by Hawaii DLNR on the enrolled property and surrounding 
lands. While Nene occasionally transit the property, there are no 
breeding Nene on the enrolled property; therefore the baseline is set 
at zero individuals. Alala are currently extirpated from the wild so 
none occur on the enrolled property. Therefore, the baseline for the 
Alala under the SHA is set at zero individuals.
    Baseline conditions for each of the listed plant species are based 
on comprehensive surveys that occurred on the enrolled property in 2007 
(Table 3). Eight listed plant species are currently known to exist on 
the enrolled property.
    Seventeen of the plant covered species are not currently known to 
be present on the enrolled property. These plants were determined to 
either have the potential to spread naturally onto the enrolled 
property or be reintroduced by KS in the future. The baseline for these 
plants is zero.

 Table 3--Summary of Baselines (Expressed in Terms of Individual Plants)
                 for Covered Plant Species Under the SHA
------------------------------------------------------------------------
                                                                 SHA
                          Species                              baseline
------------------------------------------------------------------------
Asplenium peruvianum var. insulare.........................          128
Clermontia lindseyana, Oha wai.............................           24
Cyanea shipmanii, Haha.....................................          463
Cyanea stictophylla, Haha..................................          104
Phyllostegia racemosa, Kiponapona..........................            4
Phyllostegia velutina......................................           38
Plantago hawaiensis........................................            1
Vicia menziesii............................................           27
Argyroxiphium kauens, Ahinahina............................            0
Clermontia peleana, Oha....................................            0
Cyanea tritomantha, Aku....................................            0
Cyrtandra giffardii, Haiwale...............................            0
Cyrtandra tintinnabula, Haiwale............................            0
Hibiscadelphus giffardianus, Hau kuahiwi...................            0
Joinvillea ascendens, Ohe..................................            0
Melicope zahlbruckneri, Alani..............................            0
Neraudia ovata.............................................            0
Nothocestrum breviflorum, Aiea.............................            0
Phyllostegia floribunda....................................            0
Phyllostegia parviflora....................................            0
Ranunculus hawaiiensis, Makou..............................            0
Sicyos alba, Anunu.........................................            0
Sicyos macrophyllus, Anunu.................................            0
Silene hawaiiensis.........................................            0
Stenogyne angustifolia.....................................            0
------------------------------------------------------------------------

    Under the SHA, the conservation benefits for the covered species 
are expected to be realized through implementation of all of the 
covered activities including: (1) Removal of invasive predators; (2) 
habitat restoration and native plant community outplantings; (3) koa 
silviculture; (4) ungulate fence installation/maintenance and ungulate 
control; (5) invasive weed control; (6) fire threat management; (7) 
response efforts for Rapid Ohia Death; and (8) other activities. 
Additionally, KS will execute a right of access for Alala monitoring 
and predator control. The SHA will also connect a variety of high-
quality National Park and State-owned protected lands, which will 
promote an increase of forest connectivity, covered species populations 
and their distributions.
    Kamehameha Schools will be required to monitor the covered species 
and baseline conditions according to schedule outlined in the SHA. Some 
covered species surveys have been conducted by partners of KS in the 
past; these partners may continue to assist KS in meeting their 
monitoring obligations under the SHA and permit.
    Incidental take of the forest birds (the Akiapolaau, Hawaii 
Creeper, Hawaii Akepa, and the Iiwi) may occur in the form of harm or 
harassment from noise, visual disturbance, or removal of trees in a 
portion of the property from koa silviculture activities and weed 
control. Weed control is likely to result in low levels of take of the 
Hawaiian hawk and the nene in the form of harassment. Habitat 
restoration, installation of new fences, and weed control activities 
may result in the loss or destruction of individuals of covered plant 
species (outplants, propagules), with the exception of three special-
concern species (Vicia menziesii, Phyllostegia racemosa, and Cyanea 
stictophylla), for which additional measures have been incorporated 
into the SHA to fully avoid any adverse effects from these activities. 
Additionally, due to the ephemeral nature of some of the plant species 
life histories, individual plants may be missed during surveys, 
resulting in their loss or degradation caused by covered activities. 
The impact of this loss is anticipated to be minor or negligible to the 
survival and recovery of the covered species. No incidental take of the 
Hawaiian hoary bat, Alala, or the three special-concern plant species 
are anticipated to occur as a result of the covered activities.

Net Conservation Benefit

    The Service anticipates that the SHA will result in the following 
benefits to the covered species: (1) Establishment of new populations 
and/or habitat where they do not currently exist; (2) an increase in 
the current range of wild populations; (3) opportunities to increase 
genetic diversity of the species; (4) a reduction of forest 
fragmentation and an increase in habitat connectivity through habitat 
restoration, enhancement, and creation efforts; (5) an increase in 
habitat connectivity by creating a habitat ``bridge'' between large 
protected areas; and (6) protection and maintenance of current levels 
of occupied nesting and foraging habitats. For these reasons, the 
cumulative impact of this SHA and the activities it covers, which would 
be facilitated by the allowable incidental take, is likely to provide a 
net conservation benefit to the covered species.
    For the reasons discussed above, the conservation measures 
implemented under this SHA are likely to enhance, create, and conserve 
habitat for the long-term recovery of the covered species. Through this 
SHA, KS will provide a large expanse of suitable habitat that is fenced 
and free from ungulates for the

[[Page 78628]]

benefit of multiple animal and plant species to increase their range 
and populations. The 50-year duration of the SHA and permit is 
considered to be sufficient to establish and maintain these goals.
    The management activities to be implemented pursuant to the SHA 
directly support recovery actions and conservation objectives outlined 
in conservation and recovery plans for the covered species (USFWS 
1984a, USFWS 1984b, USFWS 1996, USFWS 1998a, USFWS 1998b, USFWS 1998c, 
USFWS 2004, USFWS 2006, USFWS 2009, Hawaii DLNR 2015, and Fraiola and 
Rubenstein 2007) including: Protection, management, restoration, and 
conservation of suitable and known occupied habitat; ungulate control; 
alien species control; and re-establishment of connectivity of 
currently fragmented habitats.

National Environmental Policy Act Compliance

    A decision by the Service to enter into the proposed SHA and to 
issue the proposed permit are Federal actions that trigger the need for 
compliance with the National Environmental Policy Act of 1969, as 
amended (42 U.S.C. 4321 et seq.) (NEPA). We have made a preliminary 
determination that the proposed SHA and permit actions are eligible for 
categorical exclusion under NEPA. The basis for our preliminary 
determination is contained in the 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, new information, or 
comments from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party via this 
notice on our proposed Federal action. In particular, we request 
information and comments regarding:
    (1) Whether the implementation of the proposed SHA would provide a 
net conservation benefit to the covered species;
    (2) Other conservation measures that would lead to a net-
conservation benefit for the covered species;
    (3) The length of the proposed term of the permit;
    (4) The direct, indirect, and cumulative effects that 
implementation of the SHA could have on the human environment;
    (5) Other plans, projects, or information that might be relevant to 
evaluating the effects of this proposed action; and
    (6) Information regarding the adequacy of the proposed SHA pursuant 
to the requirement for permits at 50 CFR parts 13 and 17.

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 personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety. Comments and materials we receive, as well as supporting 
documentation we use in preparing the EAS, will be available for public 
inspection by appointment, during normal business hours, at our Pacific 
Islands Field Office (see ADDRESSES).

Next Steps

    We will evaluate the permit application, associated documents, and 
public comments in reaching a final decision on whether the permit 
application and the EAS meet the requirements of section 10(a) of the 
ESA (16 U.S.C. 1531 et seq.) and NEPA, respectively. The SHA and EAS 
may change in response to public comments. We will also evaluate 
whether the proposed permit action complies with section 7 of the ESA 
by conducting an intra-Service section 7 consultation on the proposed 
action. We will use the results of this consultation, in combination 
with our findings on whether the application meets issuance criteria, 
in our final analysis to determine whether or not to issue the proposed 
permit. If we determine that all requirements are met, we will sign the 
proposed SHA and issue the permit under the authority of section 
10(a)(1)(A) of the ESA to KS for incidental take of the covered species 
caused by covered activities that are implemented in accordance with 
the terms of the permit and the SHA. We will not make our final 
decision until after the end of the 30-day public comment period, and 
we will fully consider all comments and information we receive during 
the public comment period.

Authority

    We provide this notice pursuant to: Section 10(c) of the ESA (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).

Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-26919 Filed 11-7-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                  78624                       Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices

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                                                     To implement the REAL ID Act, TSA                     other identifying information about the              hours.
                                                  may accept state-issued verifying                        traveler. The IVCC then asks the traveler               Dated: November 3, 2016.
                                                  identity documents only if they have                     a series of questions based on
                                                  been issued by a state that is in                                                                             Christina A. Walsh,
                                                                                                           information found in the databases to
                                                  compliance with the minimum security                                                                          TSA Paperwork Reduction Act Officer, Office
                                                                                                           verify the individual’s identity.
                                                  requirements and standards set forth in                                                                       of Information Technology.
                                                                                                              To ensure that the identity
                                                  the Act, or if the state has received an                 verification process described above                 [FR Doc. 2016–26958 Filed 11–7–16; 8:45 am]
                                                  extension from DHS. In accordance with                   does not become a means for travelers                BILLING CODE 9110–05–P
                                                  DHS policy, TSA will begin                               to circumvent implementation of the
                                                  implementing the REAL ID Act at                          REAL ID Act, TSA is updating the
                                                  airport security screening checkpoints                   process so that it is generally only                 DEPARTMENT OF THE INTERIOR
                                                  on January 22, 2018. Starting on that                    available to travelers who certify that
                                                  day, TSA will not accept state-issued                    they—                                                Fish and Wildlife Service
                                                  driver’s licenses and other state-issued                    • Reside in or have been issued a                 [FWS–R1–ES–2017–N180;
                                                  identification cards from states that are                driver’s license or state identification             FXES11140100000–178–FF01E00000]
                                                  not compliant with REAL ID Act                           card by a state that is compliant with
                                                  requirements unless DHS has granted                      the REAL ID Act or a state that has been             Draft Safe Harbor Agreement and
                                                  the state a temporary extension to                       granted an extension by DHS; or                      Receipt of Application for an
                                                  achieve compliance.                                         • Have been issued another verifying              Enhancement of Survival Permit for
                                                     Concurrently with implementation of                   identity document that TSA accepts.                  the Kamehameha Schools; Keauhou
                                                  the REAL ID Act, TSA is updating the                        To enable travelers to make this                  and Kilauea Forest Lands, Hawaii
                                                  identity verification process for travelers              certification, TSA is revising Form 415.             Island, Hawaii
                                                  who arrive at an airport security                        The revised TSA Form 415 requests a
                                                  checkpoint without an acceptable                         traveler’s name and address and asks for             AGENCY:   Fish and Wildlife Service,
                                                  verifying identity document. This                        the following additional information:                Interior.
                                                  process involves a traveler providing his                   (1) Whether the traveler has been                 ACTION: Notice of availability; request
                                                  or her name and address and answering                    issued a driver’s license or state                   for comments.
                                                  questions to confirm his or her identity.                identification card.
                                                  If the traveler’s identity is confirmed, he                 (2) If yes, the state that issued the             SUMMARY:   We, the U.S. Fish and
                                                                                                           document.                                            Wildlife Service (Service), have received
                                                    1 Thomas H. Kean, Lee H. Hamilton, and the                (3) Whether the traveler has been                 an application from Kamehameha
                                                  National Commission on Terrorist Attacks, ‘‘The 9/       issued an acceptable verifying identity              Schools (KS), a private charitable
                                                  11 Commission report: Final Report of the National       document other than a state-issued                   education trust, for an enhancement of
                                                  Commission on Terrorist Attacks Upon the United                                                               survival permit (permit) under the
                                                  States (9/11 Report)’’ (Washington, DC, U.S.
                                                                                                           driver’s license or identification card.
                                                  Government Printing Office, Official Government
                                                                                                                                                                Endangered Species Act of 1973, as
                                                                                                           Use of Results                                       amended (ESA). The permit application
                                                  Edition, July 22, 2004), p. 384. Available at https://
                                                  www.gpo.gov/fdsys/pkg/GPO–911REPORT/content-                TSA will use the information                      includes a draft Safe Harbor Agreement
                                                  detail.html.                                             provided on revised TSA Form 415 to                  (SHA) between KS, the Service, and the
                                                    2 ‘‘Emergency Supplemental Appropriations Act
                                                                                                           generate questions intended to verify                Hawaii Department of Land and Natural
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                                                  for Defense, the Global War on Terror, and Tsunami
                                                  Relief, 2005,’’ Public Law 109–13, Div. B—REAL ID        the identity of a traveler who arrives at            Resources (DLNR). Kamehameha
                                                  Act of 2005, 119 Stat. 231, 302–23 (May 11, 2005).       a security-screening checkpoint without              Schools is proposing to conduct
                                                    3 The REAL ID Act defines the term ‘‘State’’ to        an acceptable verifying identity                     proactive conservation activities to
                                                  mean ‘‘a State of the United States, the District of     document. A failure to collect this                  promote the survival and recovery of 32
                                                  Columbia, Puerto Rico, the Virgin Islands, Guam,
                                                  American Samoa, the Northern Mariana Islands, the
                                                                                                           information would result in TSA being                federally endangered species and one
                                                  Trust Territory of the Pacific Islands, and any other    unable to verify the identity of travelers           species currently proposed for listing
                                                  territory or possession of the United States.’’          without an acceptable verifying identity             (‘‘covered species’’) across the Keauhou


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                                                                             Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices                                            78625

                                                  and Kilauea Forest Lands, which                         activities on their property to enhance,              permit application includes a draft SHA
                                                  comprise 32,280 acres on the                            restore, or maintain habitat conditions               between KS, the Service, and Hawaii
                                                  southeastern slope of Mauna Loa,                        for species listed under the ESA (16                  DLNR. The conservation objective of the
                                                  Hawaii Island. We invite comments                       U.S.C. 1531 et seq.) to an extent that is             SHA is to promote recovery of the
                                                  from all interested parties on the permit               likely to result in a net conservation                following Federal- and State-endangered
                                                  application, including the draft SHA                    benefit for the covered listed species. A             birds: the Hawaii Creeper (Loxops
                                                  and a draft environmental action                        SHA, and the associated permit issued                 mana); Hawaii Akepa (Loxops
                                                  statement (EAS) prepared pursuant to                    to participating landowners pursuant to               coccineus); Akiapolaau (Hemignathus
                                                  the requirements of the National                        section 10(a)(1)(A) of the ESA,                       wilsoni); Io (Hawaiian Hawk; Buteo
                                                  Environmental Policy Act (NEPA).                        encourage private and other non-Federal               solitarius); Nene (Hawaiian Goose;
                                                  DATES: To ensure consideration, please                  property owners to implement
                                                                                                                                                                Branta sandvicensis); Alala (Hawaiian
                                                  send your written comments by                           conservation actions for federally listed
                                                                                                          species by assuring the participating                 Crow; Corvus hawaiiensis); Hawaiian
                                                  December 8, 2016.
                                                                                                          landowners that they will not be                      Hoary Bat (Opeapea; Lasiurus cinereus
                                                  ADDRESSES: To request further
                                                                                                          subjected to increased property use                   semotus); and 25 endangered plant
                                                  information or submit written                                                                                 species (collectively referred to as the
                                                  comments, please use one of the                         restrictions as a result of their efforts to
                                                                                                          either attract listed species to their                ‘‘covered species’’) through habitat
                                                  following methods, and note that your
                                                  information request or comments are in                  property, or to increase the numbers or               restoration and management practices
                                                  reference to the Kamehameha Schools—                    distribution of listed species already on             (Table 1), as well as the Iiwi (Vestiaria
                                                  Keauhou and Kilauea Forest Lands                        their property.                                       coccinea), a species proposed for listing
                                                  SHA, draft EAS, and the proposed                           The SHA and its associated permit                  as threatened. The activities
                                                  issuance of the Permit:                                 allow the property owner to alter or                  implemented under this SHA will aid in
                                                     • Internet: Documents may be viewed                  modify the enrolled property back to                  increasing the current range of the
                                                  on the internet at http://www.fws.gov/                  agreed-upon pre-permit baseline                       covered species, restoring these species
                                                  pacificislands/.                                        conditions at the end of the term of the              to part of their historic ranges,
                                                     • Email: KamehamehaSchoolsSHA@                       permit, even if such alteration or                    increasing the total population of these
                                                  fws.gov. Include ‘‘Kamehameha Schools                   modification results in the incidental                species, and reestablishing wild
                                                  SHA and draft EAS’’ in the subject line                 take of a listed species. The baseline                populations of these species, thus
                                                  of the message.                                         conditions must reflect the known                     contributing to their overall recovery.
                                                     • U.S. Mail: Field Supervisor, U.S.                  biological and habitat characteristics
                                                                                                                                                                Implementation of the SHA is also
                                                  Fish and Wildlife Service, Pacific                      that support existing levels of use of the
                                                                                                                                                                likely to reduce habitat fragmentation by
                                                  Islands Fish and Wildlife Office, 300                   enrolled property by species covered in
                                                                                                          the SHA. The authorization to take                    connecting a network of protected and
                                                  Ala Moana Boulevard, Room 3–122,
                                                                                                          listed species is contingent on the                   managed State, Federal, and private
                                                  Honolulu, HI 96850.
                                                     • Fax: 808–792–9581, Attn: Field                     property owner complying with                         lands within the south central region of
                                                  Supervisor. Include ‘‘Kamehameha                        obligations in the SHA and the terms                  Hawaii Island and is also likely to
                                                  Schools SHA and draft EAS’’ in the                      and conditions of the permit. The SHA’s               benefit other native species.
                                                  subject line of the message.                            net conservation benefits must be                        Of the covered species, all but one of
                                                     • In-Person Drop-off, Viewing, or                    sufficient to contribute, either directly             the wildlife species currently occur on
                                                  Pickup: Comments and materials                          or indirectly, to the recovery of the                 the property. The Alala is currently
                                                  received will be available for public                   covered listed species. Enrolled                      extirpated in the wild, but survives
                                                  inspection, by appointment, during                      landowners may make lawful use of the                 through an intensive captive breeding
                                                  normal business hours at the U.S. Fish                  enrolled property during the term of the              program and partnership between the
                                                  and Wildlife Service, Pacific Islands                   permit and may incidentally take the                  San Diego Zoo, the Service, and Hawaii
                                                  Fish and Wildlife Office, 300 Ala Moana                 listed species named on the permit in                 DLNR. The Alala will be reintroduced to
                                                  Boulevard, Room 3–122, Honolulu,                        accordance with the terms and
                                                  Hawaii 96850. Written comments can be                                                                         the wild in November 2016 on State-
                                                                                                          conditions of the permit.                             owned lands adjacent to Keauhou and
                                                  dropped off during regular business                        Permit application requirements and
                                                  hours at the above address on or before                                                                       Kilauea Forest. It is likely that released
                                                                                                          issuance criteria for enhancement of
                                                  the closing date of the public comment                  survival permits for SHAs are found in                Alala will disburse beyond the release
                                                  period (see DATES).                                     the Code of Federal Regulations (CFR) at              site and enter the enrolled property
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    50 CFR 17.22(c). The Service’s Safe                   under the SHA. Of the covered plant
                                                  Michelle Bogardus (Maui Nui and                         Harbor Policy (64 FR 32717, June 17,                  species, eight currently occur on the
                                                  Hawaii Island Team Manager) or Ms.                      1999) and the Safe Harbor Regulations                 enrolled property. The remaining
                                                  Donna Ball (Hawaii Island Fish and                      (68 FR 53320, September 10, 2003; and                 covered plant species are known to have
                                                  Wildlife Biologist), U.S. Fish and                      69 FR 24084, May 3, 2004) are available               historically occurred in the region, and
                                                  Wildlife Service (see ADDRESSES), by                    at http://www.fws.gov/endangered/laws-                may become re-established on the
                                                  telephone at 808–792–9400. If you use                   policies/regulations-and-policies.html.               enrolled property through habitat
                                                  a telecommunications device for the                                                                           enhancement and restoration activities
                                                  deaf, please call the Federal Information               Kamehameha Schools—Keauhou and
                                                                                                                                                                described in the SHA, or may be
                                                  Relay Service at 800–877–8339.                          Kilauea Forest Lands Safe Harbor
                                                                                                                                                                outplanted on the enrolled property
                                                                                                          Agreement
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                                                  SUPPLEMENTARY INFORMATION:                                                                                    over the term of the SHA and permit.
                                                                                                            The Service has received a permit
                                                  Background                                              application from KS to authorize
                                                    Under a SHA, participating                            incidental take of the covered species
                                                  landowners undertake management                         with implementation of the SHA. The




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                                                  78626                              Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices

                                                     TABLE 1—WILDLIFE SPECIES COVERED UNDER THE KAMEHAMEHA SCHOOLS—KEAUHOU AND KILAUEA FOREST LANDS
                                                                                          SAFE HARBOR AGREEMENT
                                                                                                                                 Status                     State population
                                                                             Species                                                                                                                     Current distribution by island
                                                                                                                              Federal/State                     estimate

                                                  Akiapolaau, (Hemignathus wilsoni) .................                  Endangered ................     1,900 ..........................     Hawaii.
                                                  Hawaii Creeper, (Loxops mana) ......................                 Endangered ................     14,000 ........................      Hawaii.
                                                  Hawaii Akepa (Loxops coccineus) ..................                   Endangered ................     12,000 ........................      Hawaii.
                                                  Iiwi (Vestiaria coccinea) ...................................        Petitioned for Listing ..       >300,000 ....................        Hawaii, Maui, Kauai, Molokai, Oahu.
                                                  Io, Hawaiian Hawk (Buteo solitarius) ...............                 Endangered ................     1,200 ..........................     Hawaii.
                                                  Alala, Hawaiian Crow (Corvus hawaiiensis) ....                       Endangered ................     135 individuals in cap-              Extinct in the wild.
                                                                                                                                                         tivity.
                                                  Nene, Hawaiian Goose (Branta sandvicensis)                           Endangered ................     2500 ...........................     Hawaii, Maui, Kauai, Molokai, Oahu.
                                                  Opeapea, Hawaiian Hoary Bat (Lasiurus                                Endangered ................     Widely distributed but               Hawaii, Maui, Kauai, Molokai, Oahu.
                                                    cinereus semotus).                                                                                   population unknown.


                                                   TABLE 2—PLANT SPECIES COVERED UNDER THE KAMEHAMEHA SCHOOLS—KEAUHOU AND KILAUEA FOREST LANDS SAFE
                                                                                           HARBOR AGREEMENT
                                                                                                                                      Status                                                                                Current presence on
                                                                                Species                                                                                Current distribution by island
                                                                                                                                   Federal/State                                                                            the enrolled property

                                                  Asplenium peruvianum var. insulare .......................                  Endangered   ....................   Hawaii, Maui ....................................       Present.
                                                  Clermontia lindseyana, Oha wai .............................                Endangered   ....................   Hawaii, Maui ....................................       Present.
                                                  Cyanea shipmanii, Haha .........................................            Endangered   ....................   Hawaii ..............................................   Present.
                                                  Cyanea stictophylla, Haha .......................................           Endangered   ....................   Hawaii ..............................................   Present.
                                                  Phyllostegia racemosa, Kiponapona .......................                   Endangered   ....................   Hawaii ..............................................   Present.
                                                  Phyllostegia velutina ................................................      Endangered   ....................   Hawaii ..............................................   Present.
                                                  Plantago hawaiensis ................................................        Endangered   ....................   Hawaii ..............................................   Present.
                                                  Vicia menziesii .........................................................   Endangered   ....................   Hawaii ..............................................   Present.
                                                  Argyroxiphium kauens, Ahinahina ...........................                 Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Clermontia peleana, Oha ........................................            Endangered   ....................   Hawaii, Maui ....................................       Not Present.
                                                  Cyanea tritomantha, Aku .........................................           Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Cyrtandra giffardii, Haiwale .....................................          Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Cyrtandra tintinnabula, Haiwale ..............................              Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Hibiscadelphus giffardianus, Hau kuahiwi ...............                    Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Joinvillea ascendens, Ohe ......................................            Endangered   ....................   Hawaii, Maui, Kauai, Molokai, Oahu                      Not Present.
                                                  Melicope zahlbruckneri, Alani ..................................            Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Neraudia ovata ........................................................     Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Nothocestrum breviflorum, Aiea ..............................               Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Phyllostegia floribunda ............................................        Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Phyllostegia parviflora .............................................       Endangered   ....................   Hawaii, Maui, Oahu .........................            Not Present.
                                                  Ranunculus hawaiiensis, Makou .............................                 Endangered   ....................   Hawaii, Maui ....................................       Not Present.
                                                  Sicyos alba, Anunu ..................................................       Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Sicyos macrophyllus, Anunu ...................................              Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Silene hawaiiensis ...................................................      Endangered   ....................   Hawaii ..............................................   Not Present.
                                                  Stenogyne angustifolia ............................................         Endangered   ....................   Hawaii, Maui, Molokai ......................            Not Present.



                                                     The land area covered by the SHA                                   bird populations. The area within the                                 Covered activities associated with the
                                                  and permit (‘‘enrolled property’’)                                    Keauhou boundary was formerly altered                              SHA include: (1) Removal of invasive
                                                  encompasses 32,280 acres on the                                       by ranching and logging operations.                                predators; (2) habitat restoration and
                                                  southeastern slope of Mauna Loa on the                                Currently no cattle ranching operations                            native plant community outplantings;
                                                  island of Hawaii. The enrolled property                               exist, and both Keauhou and Kilauea are                            (3) koa silviculture; (4) ungulate fence
                                                  is bounded by Federal lands to the west                               managed to preserve and restore the                                installation/maintenance and ungulate
                                                  and south (Hawaii Volcanoes National                                  native forests via ungulate removal,                               control; (5) invasive weed control; (6)
                                                  Park), State lands to the east (Puu                                   reforestation, and out-plantings of                                fire threat management; (7) response
                                                  Makaala Natural Area Reserve) and                                     native and rare species. In addition to                            efforts for Rapid Ohia Death; and (8)
                                                  north (Mauna Loa Forest Reserve), and                                 native forest restoration activities,                              other activities on the enrolled property
                                                  State-leased lands to the north (Kipuka                               portions of Keauhou (but not Kilauea)                              that are not likely to result in take of the
                                                  Ainahou Nene Sanctuary). Kamehameha                                   will include forest management                                     covered species due to the incorporation
                                                  Schools’ management and stewardship                                   practices for the purposes of sustainably                          of take avoidance and minimization
                                                  practices have contributed to preserving                              harvesting native hardwoods. These                                 measures. All of the covered activities
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                                                  some of the last remaining intact native                              efforts implemented by KS are expected                             are associated with enhancement of the
                                                  forests in Hawaii. Keauhou Forest and                                 to result in a further increase in                                 native forest, and will result in a net
                                                  Kilauea Forest support native habitat for                             biodiversity in the region. In addition,                           benefit to each of the covered species.
                                                  numerous endangered species. A                                        KS continues to provide educational                                If issued, the permit would authorize
                                                  portion of the enrolled property, Kilauea                             opportunities to promote the                                       incidental take of the covered species
                                                  Forest, has been largely unaltered and                                conservation of healthy native                                     that may occur as a result of the covered
                                                  has long been recognized for its native                               ecosystems.                                                        activities. Incidental take associated


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                                                                             Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices                                                       78627

                                                  with the implementation of the SHA is                   the potential to spread naturally onto                          in meeting their monitoring obligations
                                                  anticipated to be very low due to the                   the enrolled property or be reintroduced                        under the SHA and permit.
                                                  incorporation of significant take                       by KS in the future. The baseline for                              Incidental take of the forest birds (the
                                                  avoidance and minimization measures                     these plants is zero.                                           Akiapolaau, Hawaii Creeper, Hawaii
                                                  for each covered activity. Both the SHA                                                                                 Akepa, and the Iiwi) may occur in the
                                                  and the permit are proposed for a term                     TABLE 3—SUMMARY OF BASELINES                                 form of harm or harassment from noise,
                                                  of 50 years.                                               (EXPRESSED IN TERMS OF INDI-                                 visual disturbance, or removal of trees
                                                     Kamehameha Schools is                                   VIDUAL PLANTS) FOR COVERED                                   in a portion of the property from koa
                                                  simultaneously applying to the Hawaii                      PLANT SPECIES UNDER THE SHA                                  silviculture activities and weed control.
                                                  DLNR for an Incidental Take License                                                                                     Weed control is likely to result in low
                                                  (ITL) under the Hawaii Endangered                                                                         SHA           levels of take of the Hawaiian hawk and
                                                  Species Law (Hawaii Revised Statutes                                    Species                                         the nene in the form of harassment.
                                                                                                                                                           baseline
                                                  § 195D). The draft SHA serves as the                                                                                    Habitat restoration, installation of new
                                                  basis for permit and ITL decisions by                   Asplenium peruvianum var.                                       fences, and weed control activities may
                                                  the Service and the Hawaii DLNR,                          insulare ..................................          128      result in the loss or destruction of
                                                  respectively. Kamehameha Schools                        Clermontia lindseyana, Oha wai                          24      individuals of covered plant species
                                                                                                          Cyanea shipmanii, Haha ..........                      463
                                                  worked closely with the Service and                     Cyanea stictophylla, Haha ........                     104
                                                                                                                                                                          (outplants, propagules), with the
                                                  DLNR to develop the SHA.                                Phyllostegia racemosa,                                          exception of three special-concern
                                                                                                            Kiponapona ...........................                 4      species (Vicia menziesii, Phyllostegia
                                                  The Service’s Proposed Action
                                                                                                          Phyllostegia velutina .................                 38      racemosa, and Cyanea stictophylla), for
                                                     The Service proposes to enter into the               Plantago hawaiensis .................                    1      which additional measures have been
                                                  SHA and to issue a permit to KS                         Vicia menziesii ..........................              27      incorporated into the SHA to fully avoid
                                                  authorizing incidental take of the                      Argyroxiphium kauens,                                           any adverse effects from these activities.
                                                  covered species caused by covered                         Ahinahina ..............................                  0   Additionally, due to the ephemeral
                                                  activities, if permit issuance criteria are             Clermontia peleana, Oha .........                           0
                                                                                                                                                                          nature of some of the plant species life
                                                  met. Both the SHA and the permit                        Cyanea tritomantha, Aku ..........                          0
                                                                                                          Cyrtandra giffardii, Haiwale ......                         0   histories, individual plants may be
                                                  would have a term of 50 years.                          Cyrtandra tintinnabula, Haiwale                             0   missed during surveys, resulting in their
                                                     Due to the difficulty in monitoring                  Hibiscadelphus giffardianus,                                    loss or degradation caused by covered
                                                  individuals of some of the covered                        Hau kuahiwi ..........................                    0   activities. The impact of this loss is
                                                  species, occupied habitat has been used                 Joinvillea ascendens, Ohe .......                           0   anticipated to be minor or negligible to
                                                  to establish baseline conditions for the                Melicope zahlbruckneri, Alani ...                           0   the survival and recovery of the covered
                                                  Hawaiian forest birds, the Hawaiian                     Neraudia ovata .........................                    0   species. No incidental take of the
                                                  hawk, and Hawaiian hoary bat. The                       Nothocestrum breviflorum, Aiea                              0   Hawaiian hoary bat, Alala, or the three
                                                  baseline for the Hawaiian forest birds,                 Phyllostegia floribunda .............                       0
                                                                                                          Phyllostegia parviflora ..............                      0
                                                                                                                                                                          special-concern plant species are
                                                  including the Akiapolaau, Hawaii                                                                                        anticipated to occur as a result of the
                                                                                                          Ranunculus hawaiiensis,
                                                  Creeper, Hawaii Akepa, and Iiwi, is                       Makou ...................................                 0   covered activities.
                                                  represented by the extent of their                      Sicyos alba, Anunu ...................                      0
                                                  current occupied habitat, determined to                                                                                 Net Conservation Benefit
                                                                                                          Sicyos macrophyllus, Anunu ....                             0
                                                  be forest habitat with a tree cover of                  Silene hawaiiensis ....................                     0     The Service anticipates that the SHA
                                                  closed canopy, open canopy, scattered                   Stenogyne angustifolia .............                        0   will result in the following benefits to
                                                  trees and very scattered trees for a total                                                                              the covered species: (1) Establishment of
                                                  of 4,162 acres. The baseline for the                      Under the SHA, the conservation                               new populations and/or habitat where
                                                  Hawaiian Hawk and Hawaiian hoary bat                    benefits for the covered species are                            they do not currently exist; (2) an
                                                  is defined as 18,517 acres of open or                   expected to be realized through                                 increase in the current range of wild
                                                  closed canopy tree cover across the                     implementation of all of the covered                            populations; (3) opportunities to
                                                  enrolled property, of which a majority is               activities including: (1) Removal of                            increase genetic diversity of the species;
                                                  native dominated koa and ohia trees.                    invasive predators; (2) habitat                                 (4) a reduction of forest fragmentation
                                                     The baseline determination for the                   restoration and native plant community                          and an increase in habitat connectivity
                                                  Nene is based on weekly surveys                         outplantings; (3) koa silviculture; (4)                         through habitat restoration,
                                                  conducted by Hawaii DLNR on the                         ungulate fence installation/maintenance                         enhancement, and creation efforts; (5)
                                                  enrolled property and surrounding                       and ungulate control; (5) invasive weed                         an increase in habitat connectivity by
                                                  lands. While Nene occasionally transit                  control; (6) fire threat management; (7)                        creating a habitat ‘‘bridge’’ between
                                                  the property, there are no breeding Nene                response efforts for Rapid Ohia Death;                          large protected areas; and (6) protection
                                                  on the enrolled property; therefore the                 and (8) other activities. Additionally, KS                      and maintenance of current levels of
                                                  baseline is set at zero individuals. Alala              will execute a right of access for Alala                        occupied nesting and foraging habitats.
                                                  are currently extirpated from the wild so               monitoring and predator control. The                            For these reasons, the cumulative
                                                  none occur on the enrolled property.                    SHA will also connect a variety of high-                        impact of this SHA and the activities it
                                                  Therefore, the baseline for the Alala                   quality National Park and State-owned                           covers, which would be facilitated by
                                                  under the SHA is set at zero individuals.               protected lands, which will promote an                          the allowable incidental take, is likely to
                                                     Baseline conditions for each of the                  increase of forest connectivity, covered                        provide a net conservation benefit to the
                                                  listed plant species are based on                       species populations and their                                   covered species.
                                                  comprehensive surveys that occurred on                  distributions.                                                    For the reasons discussed above, the
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                                                  the enrolled property in 2007 (Table 3).                  Kamehameha Schools will be                                    conservation measures implemented
                                                  Eight listed plant species are currently                required to monitor the covered species                         under this SHA are likely to enhance,
                                                  known to exist on the enrolled property.                and baseline conditions according to                            create, and conserve habitat for the long-
                                                     Seventeen of the plant covered                       schedule outlined in the SHA. Some                              term recovery of the covered species.
                                                  species are not currently known to be                   covered species surveys have been                               Through this SHA, KS will provide a
                                                  present on the enrolled property. These                 conducted by partners of KS in the past;                        large expanse of suitable habitat that is
                                                  plants were determined to either have                   these partners may continue to assist KS                        fenced and free from ungulates for the


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                                                  78628                      Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices

                                                  benefit of multiple animal and plant                    evaluating the effects of this proposed               we receive during the public comment
                                                  species to increase their range and                     action; and                                           period.
                                                  populations. The 50-year duration of the                  (6) Information regarding the
                                                                                                          adequacy of the proposed SHA pursuant                 Authority
                                                  SHA and permit is considered to be
                                                  sufficient to establish and maintain                    to the requirement for permits at 50 CFR                 We provide this notice pursuant to:
                                                  these goals.                                            parts 13 and 17.                                      Section 10(c) of the ESA (16 U.S.C. 1531
                                                    The management activities to be                                                                             et seq.) and its implementing
                                                                                                          Public Availability of Comments
                                                  implemented pursuant to the SHA                                                                               regulations (50 CFR 17.22); and NEPA
                                                  directly support recovery actions and                      All comments and materials we                      (42 U.S.C. 4321 et seq.) and its
                                                  conservation objectives outlined in                     receive become part of the public record              implementing regulations (40 CFR
                                                  conservation and recovery plans for the                 associated with this action. Before                   1506.6).
                                                  covered species (USFWS 1984a, USFWS                     including your address, phone number,
                                                                                                          email address, or other personally                    Theresa Rabot,
                                                  1984b, USFWS 1996, USFWS 1998a,                                                                               Deputy Regional Director, Pacific Region, U.S.
                                                  USFWS 1998b, USFWS 1998c, USFWS                         identifiable information in your
                                                                                                          comments, you should be aware that                    Fish and Wildlife Service, Portland, Oregon.
                                                  2004, USFWS 2006, USFWS 2009,                                                                                 [FR Doc. 2016–26919 Filed 11–7–16; 8:45 am]
                                                  Hawaii DLNR 2015, and Fraiola and                       your entire comment—including your
                                                  Rubenstein 2007) including: Protection,                 personally identifiable information—                  BILLING CODE 4333–15–P
                                                                                                          may be made publicly available at any
                                                  management, restoration, and
                                                                                                          time. While you can ask us in your
                                                  conservation of suitable and known                                                                            DEPARTMENT OF THE INTERIOR
                                                                                                          comment to withhold your personally
                                                  occupied habitat; ungulate control; alien
                                                                                                          identifiable information from public
                                                  species control; and re-establishment of                                                                      Bureau of Land Management
                                                                                                          review, we cannot guarantee that we
                                                  connectivity of currently fragmented
                                                                                                          will be able to do so. All submissions                [16X.LLAZP01000.L14400000.EQ0000; AZA–
                                                  habitats.
                                                                                                          from organizations or businesses, and                 035947]
                                                  National Environmental Policy Act                       from individuals identifying themselves
                                                  Compliance                                              as representatives or officials of                    Notice of Realty Action: Classification
                                                                                                          organizations or businesses, will be                  of Lands for Recreation and Public
                                                     A decision by the Service to enter into                                                                    Purposes Act Lease for the Vulture
                                                                                                          made available for public disclosure in
                                                  the proposed SHA and to issue the                                                                             Mountains Cooperative Recreation
                                                                                                          their entirety. Comments and materials
                                                  proposed permit are Federal actions that                                                                      Management Area in Maricopa County,
                                                                                                          we receive, as well as supporting
                                                  trigger the need for compliance with the                                                                      Arizona
                                                                                                          documentation we use in preparing the
                                                  National Environmental Policy Act of
                                                                                                          EAS, will be available for public                     AGENCY:   Bureau of Land Management,
                                                  1969, as amended (42 U.S.C. 4321 et                     inspection by appointment, during
                                                  seq.) (NEPA). We have made a                                                                                  Interior.
                                                                                                          normal business hours, at our Pacific
                                                  preliminary determination that the                                                                            ACTION: Notice of realty action.
                                                                                                          Islands Field Office (see ADDRESSES).
                                                  proposed SHA and permit actions are
                                                  eligible for categorical exclusion under                Next Steps                                            SUMMARY:   The Bureau of Land
                                                  NEPA. The basis for our preliminary                                                                           Management (BLM) has examined and
                                                                                                             We will evaluate the permit                        found suitable for classification for lease
                                                  determination is contained in the EAS,                  application, associated documents, and
                                                  which is available for public review (see                                                                     to the Maricopa County Parks and
                                                                                                          public comments in reaching a final                   Recreation Department (MCPRD) under
                                                  ADDRESSES).                                             decision on whether the permit                        the provisions of the Recreation and
                                                  Public Comments                                         application and the EAS meet the                      Public Purposes (R&PP) Act, as
                                                                                                          requirements of section 10(a) of the ESA              amended (43 U.S.C. 869 et seq.),
                                                    You may submit your comments and                      (16 U.S.C. 1531 et seq.) and NEPA,
                                                  materials by one of the methods listed                                                                        approximately 1,046.24 acres of public
                                                                                                          respectively. The SHA and EAS may                     land in Maricopa County, Arizona. The
                                                  in the ADDRESSES section. We request                    change in response to public comments.
                                                  data, new information, or comments                                                                            MCPRD proposes to use the land for
                                                                                                          We will also evaluate whether the                     recreation purposes. Related
                                                  from the public, other concerned                        proposed permit action complies with
                                                  governmental agencies, the scientific                                                                         improvements include picnic and
                                                                                                          section 7 of the ESA by conducting an                 camping facilities, restrooms, trailheads,
                                                  community, industry, or any other                       intra-Service section 7 consultation on
                                                  interested party via this notice on our                                                                       developed day use facilities, and
                                                                                                          the proposed action. We will use the                  parking.
                                                  proposed Federal action. In particular,                 results of this consultation, in
                                                  we request information and comments                     combination with our findings on                      DATES: Interested parties may submit
                                                  regarding:                                              whether the application meets issuance                written comments regarding the
                                                     (1) Whether the implementation of the                criteria, in our final analysis to                    proposed classification and lease of
                                                  proposed SHA would provide a net                        determine whether or not to issue the                 public lands on or before December 23,
                                                  conservation benefit to the covered                     proposed permit. If we determine that                 2016.
                                                  species;                                                all requirements are met, we will sign                ADDRESSES: Comments concerning this
                                                     (2) Other conservation measures that                 the proposed SHA and issue the permit                 notice should be addressed to Rem
                                                  would lead to a net-conservation benefit                under the authority of section                        Hawes, Field Manager, BLM
                                                  for the covered species;                                10(a)(1)(A) of the ESA to KS for                      Hassayampa Field Office, 21605 North
                                                     (3) The length of the proposed term of               incidental take of the covered species                7th Ave., Phoenix, AZ 85027.
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                                                  the permit;                                             caused by covered activities that are                 FOR FURTHER INFORMATION CONTACT:
                                                     (4) The direct, indirect, and                        implemented in accordance with the                    Hillary Conner, Realty Specialist, at the
                                                  cumulative effects that implementation                  terms of the permit and the SHA. We                   above address; phone 623–580–5649; or
                                                  of the SHA could have on the human                      will not make our final decision until                by email at hconner@blm.gov. Persons
                                                  environment;                                            after the end of the 30-day public                    who use a telecommunications device
                                                     (5) Other plans, projects, or                        comment period, and we will fully                     for the deaf (TDD) may call the Federal
                                                  information that might be relevant to                   consider all comments and information                 Relay Service at 1–800–877–8339 to


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Document Created: 2018-02-14 08:23:57
Document Modified: 2018-02-14 08:23:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments.
DatesTo ensure consideration, please send your written comments by December 8, 2016.
ContactMs. Michelle Bogardus (Maui Nui and Hawaii Island Team Manager) or Ms. Donna Ball (Hawaii Island Fish and
FR Citation81 FR 78624 

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