81 FR 8986 - Michigan Department of Natural Resources; Application for Enhancement of Survival Permit; Proposed Programmatic Candidate Conservation Agreement With Assurances for the Eastern Massasauga Rattlesnake in Michigan

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range		8986-8987
FR Document		2016-03692

We, the U.S. Fish and Wildlife Service (Service), announce receipt from the Michigan Department of Natural Resources (MDNR) of an application for an enhancement of survival permit under the Endangered Species Act of 1973, as amended. The requested permit would authorize take of eastern massasauga rattlesnake (Sistrurus catenatus), resulting from certain land use and conservation activities, should the species be listed as endangered or threatened in the future. The permit application includes a proposed programmatic candidate conservation agreement with assurances (CCAA) between MDNR, the Michigan Department of Military and Veterans Affairs (MDMVA), and the Service. The requested term of the proposed CCAA and permit is 25 years. We are accepting comments on the permit application and the draft CCAA.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8986-8987]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03692]



[[Page 8986]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2016-N012]; [FVES59420300000F2 14X FF03E00000]


Michigan Department of Natural Resources; Application for 
Enhancement of Survival Permit; Proposed Programmatic Candidate 
Conservation Agreement With Assurances for the Eastern Massasauga 
Rattlesnake in Michigan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Receipt of application; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
receipt from the Michigan Department of Natural Resources (MDNR) of an 
application for an enhancement of survival permit under the Endangered 
Species Act of 1973, as amended. The requested permit would authorize 
take of eastern massasauga rattlesnake (Sistrurus catenatus), resulting 
from certain land use and conservation activities, should the species 
be listed as endangered or threatened in the future. The permit 
application includes a proposed programmatic candidate conservation 
agreement with assurances (CCAA) between MDNR, the Michigan Department 
of Military and Veterans Affairs (MDMVA), and the Service. The 
requested term of the proposed CCAA and permit is 25 years. We are 
accepting comments on the permit application and the draft CCAA.

DATES: We will accept comments on the application and draft CCAA on or 
before March 24, 2016.

ADDRESSES: Document Availability: This draft CCAA, permit application, 
and final environmental assessment are available on the Internet at 
http://www.regulations.gov under Docket No. FWS-R3-ES-FWS-R3-ES-2016-
0009. Supporting documentation, including the draft CCAA, permit 
application, and final environmental assessment, are available for 
public inspection during normal business hours at: U.S. Fish and 
Wildlife Service, East Lansing Field Office, 3001 Coolidge Rd, # 400, 
East Lansing, Michigan 48823.
    To submit comments on the application and draft CCAA, go to http://www.regulations.gov. In the Search box, enter FWS-R3-ES-2016-0009, 
which is the docket number for this Notice of Availability. Then click 
on the Search button. Please ensure that you have located the correct 
document before submitting your comments. You may submit a comment by 
clicking on ``Comment Now!''

FOR FURTHER INFORMATION CONTACT: Scott Hicks, Field Supervisor, East 
Lansing Field Office (see ADDRESSES); by telephone (517-351-6274), or 
by facsimile (517-351-1443). If you use a telecommunications device for 
the deaf (TDD), please call the Federal Information Relay Service at 
800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt from the Michigan Department of Natural 
Resources (MDNR) and Michigan Department of Military and Veterans 
Affairs (MDMVA) of an application for an enhancement of survival permit 
(permit) under the Endangered Species Act of 1973, as amended (ESA). 
The requested permit would authorize take of eastern massasauga 
rattlesnake (EMR) resulting from certain land use and conservation 
activities, should the species be listed as endangered or threatened in 
the future. The permit application includes a proposed programmatic 
candidate conservation agreement with assurances (CCAA) between MDNR, 
MDMVA, and the Service. The requested term of the proposed CCAA and 
permit is 25 years. We are accepting comments on the permit application 
and the proposed CCAA.

Background

    Enhancement of survival permits issued for CCAAs encourage non-
Federal landowners to implement conservation measures for species that 
are, or are likely to become, candidates for Federal listing as 
endangered or threatened by assuring landowners they will not be 
subjected to increased property use restrictions if the covered species 
becomes listed in the future. Application requirements and issuance 
criteria for enhancement of survival permits issued for CCAAs are in 
the Code of Federal Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d). 
Service policy guidance for CCAAs was published in the Federal Register 
on June 17, 1999 (64 FR 32726).

Proposed Programmatic Candidate Conservation Agreement With Assurances

    The proposed EMR CCAA is a programmatic agreement between the 
Service, the MDNR, and the MDVA to further the conservation of the 
eastern massasauga rattlesnake on non-Federal lands. The purpose of 
this CCAA is to encourage non-Federal landowners in Michigan to manage 
their properties in ways that are consistent with the long-term 
sustainability and persistence of EMR. On September 30, 2015, the 
Service proposed to list the EMR as a threatened species under the 
Endangered Species Act (Act). Although there are several factors that 
are affecting the species' status, loss of habitat continues to be the 
primary threat to this species, either through development or through 
changes in habitat structure due to vegetative succession.
    Most viable populations of EMR in the State of Michigan occur on 
land managed by the MDNR and the MDMVA. Implementation of the CCAA will 
facilitate identification and minimization of threats on these 
properties. Education and outreach efforts are proposed to raise 
awareness and increase understanding about the species for all 
stakeholders, reduce persecution or indiscriminate killing, and promote 
conservation of the species. The conservation goal of this CCAA on the 
part of the Service, the MDNR, the MDMVA and other cooperators is to 
maintain viable populations of EMR on public and private land by 
reducing threats and managing and restoring habitat for EMR.
    Populations of EMR continue to persist throughout most of the 
species' historical range in Michigan. Therefore, the proposed EMR CCAA 
framework is based on two categories of management approaches for the 
species. Both categories contain common measures to conserve EMR, 
including protections for the species from collection and persecution. 
The first category encompasses lands considered most important to the 
long-term sustainability of EMR, which will be managed with strategies 
designed to protect EMR populations while also creating and restoring 
suitable habitat needed to sustain EMR populations. The strategies for 
this category include EMR-protective specifications for wetlands, 
prescribed fire use, water-level manipulations, vegetation management 
(e.g., cutting, mowing, use of chemicals), oil/gas/mineral leasing, and 
forest management. The second category comprises land that is generally 
not suitable habitat for the species or where EMR management is not be 
a priority (e.g., campgrounds). The strategies for this category 
include measures to minimize the potential for human-EMR interactions 
(e.g., keeping grass mowed in developed areas) as well as measures to 
help protect individual snakes (e.g., safe relocation methods).

National Environmental Policy Act Determination

    As required by NEPA, we previously evaluated potential impacts to 
the

[[Page 8987]]

human environment that could result from issuance of the requested 
permit for the EMR CCAA, and we do not foresee any significant impacts. 
We completed an Environmental Assessment and a Finding of No 
Significant Impact on a Proposal to Implement Candidate Conservation 
Agreements and Conservation Measures for Eastern Massasaugas in 
Illinois, Iowa, Michigan, Missouri, Ohio, and Wisconsin (see http://www.fws.gov/midwest/endangered/permits/enhancement/ccaa/index.html). 
Participating in the EMR CCAA is strictly a voluntary action for 
landowners.

Next Steps

    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of the ESA, NEPA, and implementing regulations. If we 
determine that all requirements are met, we will sign the proposed CCAA 
and issue a permit under section 10(a)(1)(A) of the ESA to MDNR and 
MDMVA for take of EMR. 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 we receive during the public comment period.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that the entire comment, including 
your personal identifying information, may be made available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 
17.32), and NEPA (42 U.S.C. 4371 et seq.) and its implementing 
regulations (40 CFR 1506.6; 43 CFR part 46).

     Dated: February 8, 2016.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2016-03692 Filed 2-22-16; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8987

human environment that could result DEPARTMENT OF THE INTERIOR Information Relay Service (FIRS) at
from issuance of the requested permit 800–877–8339.
for the EMR CCAA, and we do not Fish and Wildlife Service SUPPLEMENTARY INFORMATION: We, the
foresee any significant impacts. We [FWS–R8–ES–2016–N026; U.S. Fish and Wildlife Service (Service),
completed an Environmental FXES11120800000–167–FF08ECAR00] have received an application from Ms.
Assessment and a Finding of No Rita Cutri (applicant) for a 3-year
Significant Impact on a Proposal to Endangered and Threatened Wildlife incidental take permit for one covered
Implement Candidate Conservation and Plants; Incidental Take Permit species pursuant to section 10(a)(1)(B)
Agreements and Conservation Measures Application; Proposed Low-Effect of the Endangered Species Act of 1973,
for Eastern Massasaugas in Illinois, Habitat Conservation Plan and as amended (16 U.S.C. 1531 et seq.,
Iowa, Michigan, Missouri, Ohio, and Associated Documents; City of Santee, Act). The application addresses the
Wisconsin (see http://www.fws.gov/ California potential ‘‘take’’ of the threatened
midwest/endangered/permits/ coastal California gnatcatcher in the
AGENCY: Fish and Wildlife Service, course of activities associated with the
enhancement/ccaa/index.html).
Interior. construction of the Cutri residential
Participating in the EMR CCAA is
strictly a voluntary action for ACTION: Notice of availability; request home project, in the City of Santee, San
landowners. for comments. Diego County, California. A
conservation program to avoid,
Next Steps SUMMARY: We, the U.S. Fish and minimize, and mitigate for project
Wildlife Service (Service), have received activities would be implemented as
We will evaluate the permit an application from Mrs. Rita Cutri described in the proposed Habitat
application, associated documents, and (applicant) for a 3-year incidental take Conservation Plan (HCP) by the
comments we receive to determine permit for the threatened coastal applicant.
whether the permit application meets California gnatcatcher pursuant to the We are requesting comments on the
the requirements of the ESA, NEPA, and Endangered Species Act of 1973, as permit application and on the
implementing regulations. If we amended (Act). We are requesting preliminary determination that the
determine that all requirements are met, comments on the permit application proposed HCP qualifies as a ‘‘low-
we will sign the proposed CCAA and and on the preliminary determination effect’’ HCP, eligible for a categorical
issue a permit under section 10(a)(1)(A) that the proposed Habitat Conservation exclusion under the National
of the ESA to MDNR and MDMVA for Plan qualifies as a ‘‘low-effect’’ Habitat Environmental Policy Act (NEPA) of
take of EMR. We will not make our final Conservation Plan, eligible for a 1969, as amended. The basis for this
decision until after the end of the 30- categorical exclusion under the National determination is discussed in the
day public comment period, and we Environmental Policy Act (NEPA) of environmental action statement (EAS)
will fully consider all comments we 1969, as amended. The basis for this and associated low-effect screening
receive during the public comment determination is discussed in the form, which are also available for public
period. environmental action statement (EAS) review.
and the associated low-effect screening
Public Availability of Comments form, which are also available for public Background
Written comments we receive become review. Section 9 of the Act and its
part of the public record associated with DATES: Written comments should be implementing Federal regulations
this action. Before including your received on or before March 24, 2016. prohibit the ‘‘take’’ of animal species
ADDRESSES: Submitting Comments: You
listed as endangered or threatened. Take
address, phone number, email address,
may submit comments by one of the is defined under the Act as to ‘‘harass,
or other personal identifying
following methods: harm, pursue, hunt, shoot, wound, kill,
information in your comment, you
• U.S. Mail: Field Supervisor, Fish trap, capture, or collect listed animal
should be aware that the entire
and Wildlife Service, Carlsbad Fish and species, or to attempt to engage in such
comment, including your personal
Wildlife Office, 2177 Salk Avenue, Suite conduct’’ (16 U.S.C. 1538). ‘‘Harm’’
identifying information, may be made includes significant habitat modification
available at any time. While you can ask 250, Carlsbad, CA 92008.
• Fax: Field Supervisor, 760–431– or degradation that actually kills or
us in your comment to withhold your injures listed wildlife by significantly
personal identifying information from 9624.
Obtaining Documents: To request impairing essential behavioral patterns
public review, we cannot guarantee that such as breeding, feeding, or sheltering
we will be able to do so. copies of the application, proposed
HCP, and EAS, contact the Service (50 CFR 17.3). However, under section
Authority immediately, by telephone at 760–431– 10(a) of the Act, the Service may issue
permits to authorize incidental take of
9440 or by letter to the Carlsbad Fish
We provide this notice under section listed species. ‘‘Incidental take’’ is
and Wildlife Office (see ADDRESSES).
10(c) of the ESA (16 U.S.C. 1531 et seq.) defined by the Act as take that is
Copies of the proposed HCP and EAS
and its implementing regulations (50 incidental to, and not the purpose of,
also are available for public inspection
CFR 17.22 and 17.32), and NEPA (42 carrying out an otherwise lawful
during regular business hours at the
U.S.C. 4371 et seq.) and its activity. Regulations governing
Carlsbad Fish and Wildlife Office (see
implementing regulations (40 CFR incidental take permits for threatened
ADDRESSES).
mstockstill on DSK4VPTVN1PROD with NOTICES

1506.6; 43 CFR part 46). and endangered species, respectively,
FOR FURTHER INFORMATION CONTACT: Ms. are found in the Code of Federal
Dated: February 8, 2016.
Karen Goebel, Assistant Field Regulations at 50 CFR 17.22 and 50 CFR
Lynn M. Lewis, Supervisor, Carlsbad Fish and Wildlife 17.32.
Assistant Regional Director, Ecological Office (see ADDRESSES); telephone: 760– The applicant requests a 3-year permit
Services, Midwest Region. 431–9440. If you use a under section 10(a)(1)(B) of the Act. If
[FR Doc. 2016–03692 Filed 2–22–16; 8:45 am] telecommunications device for the deaf we approve the permit, the applicant
BILLING CODE 4333–15–P (TDD), please call the Federal anticipates taking coastal California

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Document Created: 2018-02-02 14:33:11
Document Modified: 2018-02-02 14:33:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Receipt of application; request for comment.
Dates		We will accept comments on the application and draft CCAA on or before March 24, 2016.
Contact		Scott Hicks, Field Supervisor, East
FR Citation		81 FR 8986

81 FR 8986 - Michigan Department of Natural Resources; Application for Enhancement of Survival Permit; Proposed Programmatic Candidate Conservation Agreement With Assurances for the Eastern Massasauga Rattlesnake in Michigan

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 35 (February 23, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service