82 FR 44651 - Enhancement of Survival Permit Application; Draft Candidate Conservation Agreement With Assurances for the Greater Sage-Grouse and Four Grassland Songbirds in Montana; Draft Environmental Assessment
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 184 (September 25, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 184 (September 25, 2017)
| Page Range | 44651-44652 | |
| FR Document | 2017-20373 |
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)] [Notices] [Pages 44651-44652] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20373] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R6-ES-2017-N113; FF06E11000-178-FXES111606CSAGE] Enhancement of Survival Permit Application; Draft Candidate Conservation Agreement With Assurances for the Greater Sage-Grouse and Four Grassland Songbirds in Montana; Draft Environmental Assessment AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service, are making available for public comment an application from The Nature Conservancy (TNC) for an enhancement of survival permit (permit) under the Endangered Species Act for take of five species associated with implementation of a candidate conservation agreement with assurances (CCAA) in Montana. The intent of the CCAA is to provide private landowners in the coverage area with the opportunity to voluntarily conserve covered species and their habitats while carrying out their operations in a manner that would contribute to precluding the need to list the covered species. Pursuant to the National Environmental Policy Act, we have prepared a draft environmental assessment (EA) that analyzes the potential impacts of issuance of the permit and implementation of the proposed CCAA, as well as two alternatives to the proposed action in the EA. The permit application, the draft CCAA, and draft EA are available for public review, and we seek public comment on these documents and potential issuance of the permit. DATES: Written comments must be submitted by October 25, 2017. ADDRESSES: To request further information or submit written comments, please use the following methods, and note that your information request or comments are in reference to the Montana CCAA. [cir] Internet: Documents may be viewed on the Internet at https://www.fws.gov/greatersagegrouse/news.php. [cir] U.S. Mail: Field Supervisor, Montana Ecological Services Field Office, U.S. Fish and Wildlife Service, 585 Shephard Way, Suite 1, Helena, MT 59601. [cir] Email: [email protected]. Include ``MT CCAA'' in the subject line of the message. [cir] Fax: 406-449-5339, Attn: MT CCAA. [cir] In-Person Viewing or Pickup: Documents will be available for public inspection by appointment during normal business hours at the U.S. Fish and Wildlife Service, Montana Ecological Services Field Office, U.S. Fish and Wildlife Service, 585 Shephard Way, Suite 1, Helena, MT 59601. FOR FURTHER INFORMATION CONTACT: Field Supervisor, Montana Ecological Services Field Office (see ADDRESSES), telephone: 406-449-5225. If you use a telecommunications device for the deaf, please call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), received and make available for comment an application from The Nature Conservancy (TNC). The application is for an enhancement of survival permit (permit) under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; ESA), for potential take of five species associated with implementation of a candidate conservation agreement with assurances (CCAA) in Montana (coverage area). The coverage area would be the range of the five species on privately owned lands in Montana. The CCAA would cover and include conservation measures for the greater sage-grouse (Centrocercus urophasianus), Baird's sparrow (Ammodramus bairdii), chestnut-collared longspur (Calcarius ornatus), McCown's longspur (Rhynchophanes mccownii), and Sprague's pipit (Anthus spragueii). The intent of the CCAA is to provide ranchers and agriculture producers in the coverage area with the opportunity to voluntarily conserve the covered species and their habitat, while carrying out their operations in a manner that would provide net conservation benefit to the species. Pursuant to the National Environmental Policy Act (42 U.S.C. 4321 et seq.; NEPA), we have prepared a draft environmental assessment (EA) that analyzes the potential impacts of issuance of the permit and implementation of the proposed CCAA, as well as two alternatives to the proposed action. The permit application, draft CCAA, and EA are available for public review, and we seek public comment on these documents and potential issuance of the permit. Background Information A CCAA is an agreement with the Service in which private and other non-Federal landowners voluntarily agree to undertake management activities and conservation efforts on their properties to enhance, restore, or maintain habitat to benefit species that are proposed for listing under the ESA, that are candidates for listing, or that may become candidates. The Service works with these partners to identify threats to candidate species, plan the measures needed to address the threats and conserve these species, identify willing landowners, develop agreements, and design and implement conservation measures and monitor their effectiveness. If we approve this CCAA, we will issue an associated enhancement of survival permit under section 10(a)(1)(A) of the ESA that authorizes incidental take resulting from covered activities should any of the five covered species addressed in the CCAA become listed. Through the CCAA and permit, we also provide assurances to participating landowners that we will not impose additional land, water, or financial commitments, or restrictions on land, water, or resource use, as a result of their efforts to attract or increase the numbers or distribution of a species on their properties if that species becomes listed under the ESA in the future. Application requirements and issuance criteria for enhancement of survival permits through a CCAA are found in 50 CFR 17.22(d) and 17.32(d), as well as in 50 CFR part 13. Proposed Action Under the proposed programmatic CCAA, enrolled landowners in the CCAA (participants) would implement conservation measures that avoid, minimize, and mitigate impacts to the covered species and their habitats from ongoing grazing and range management activities on enrolled lands. The Service would issue the permit to TNC, which would administer the CCAA and enroll the participants. The CCAA would be in effect for 20 years. The covered area would encompass the non-Federal lands within the range of the covered species in Montana. With issuance of the enhancement of survival permit, the Service would provide TNC and the participants [[Page 44652]] assurances that, should any of the covered species be listed, no further commitments or restrictions than those they committed to under the CCAA would be imposed, as long as the CCAA is properly implemented. Furthermore, if any of the covered species are listed, the permit would provide TNC and individuals TNC enrolls in the CCAA with incidental take authorization. Participants would receive take authorization through their certificates of inclusion under the permit. The permit would become effective on the effective date of a listing of the covered species as endangered or threatened and would continue through the end of the CCAA term. The Secretary of the Interior has delegated to the Service the authority to approve or deny a section 10(a)(1)(A) permit in accordance with the ESA. To act on TNC's permit application, we must determine that the CCAA meets the issuance criteria specified in the ESA and at 50 CFR 17.22 and 17.32, as well as at 50 CFR part 13. These criteria include a finding that the proposed CCAA complies with the requirements of our CCAA Policy (81 FR 951646; December 27, 2016). National Environmental Policy Act Compliance The issuance of a section 10(a)(1)(A) permit is a Federal action subject to NEPA compliance, including the Council on Environmental Quality regulations for implementing the procedural provisions of NEPA (40 CFR 1500-1508). The draft CCAA and application for the enhancement of survival permit are not eligible for categorical exclusion under NEPA. We have prepared a draft EA to analyze the direct, indirect, and cumulative impacts of the CCAA on the quality of the human environment and other natural resources. In compliance with NEPA, we analyzed the impacts of implementing the CCAA, issuance of the permit, and a reasonable range of alternatives in the draft EA. Based on these analyses and any new information resulting from public comment on the proposed action, we will determine if issuance of the permit would cause any significant impacts to the human environment. After reviewing public comments, we will evaluate whether the proposed action and alternatives in the draft EA are adequate to support a finding of no significant impact under NEPA. We now make the draft EA available for public inspection online or in person at the Service offices listed in ADDRESSES. Public Comments You may submit your comments and materials by one of the methods listed in ADDRESSES. We request data, information, opinions, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on our proposed permit action. We particularly seek comments on the following: (1) Biological information and relevant data concerning the covered species; (2) current or planned activities in the subject area and their possible impacts on the covered species; (3) identification of any other environmental issues that should be considered with regard to the proposed permit action; and (4) information regarding the adequacy of the draft CCAA pursuant to the requirements 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 (PII) in your comments, you should be aware that your entire comment--including your PII--may be made publicly available at any time. While you can ask us in your comment to withhold your PII from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we use in preparing the EA, will be available for public inspection by appointment, during normal business hours, at our Montana Field Office (see ADDRESSES). Next Steps After completion of the EA based on consideration of public comments, we will determine whether adoption of the proposed CCAA warrants a finding of no significant impact or whether an environmental impact statement should be prepared. We will evaluate the proposed CCAA as well as any comments we receive, to determine whether implementation of the proposed CCAA would meet the requirements for issuance of a permit under section 10(a)(1)(A) of the ESA. We will also evaluate whether the proposed permit action would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation. We will consider the results of this consultation, in combination with the above findings, in our final analysis to determine whether or not to issue a permit to TNC. 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. Authority: We provide this notice in accordance with the requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321 et seq.) and their implementing regulations (50 CFR 17.22, 40 CFR 1506.6, and 43 CFR Part 46, respectively). Dated: September 11, 2017. Michael Thabault, Assistant Regional Director--Ecological Services, Mountain-Prairie Region, U.S. Fish and Wildlife Service, Lakewood, Colorado. [FR Doc. 2017-20373 Filed 9-22-17; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices 44651
VI. Authority request or comments are in reference to implementation of the proposed CCAA,
The authority for this action is the the Montana CCAA. as well as two alternatives to the
Endangered Species Act of 1973 (16 Æ Internet: Documents may be viewed proposed action. The permit
U.S.C. 1531 et seq.). on the Internet at https://www.fws.gov/ application, draft CCAA, and EA are
greatersagegrouse/news.php. available for public review, and we seek
Joyce Russell, Æ U.S. Mail: Field Supervisor, public comment on these documents
Government Information Specialist, Branch Montana Ecological Services Field and potential issuance of the permit.
of Permits, Division of Management Office, U.S. Fish and Wildlife Service,
Authority. Background Information
585 Shephard Way, Suite 1, Helena, MT
[FR Doc. 2017–20381 Filed 9–22–17; 8:45 am] 59601. A CCAA is an agreement with the
BILLING CODE 4333–15–P Æ Email: MT_CCAA@fws.gov. Include Service in which private and other non-
‘‘MT CCAA’’ in the subject line of the Federal landowners voluntarily agree to
message. undertake management activities and
DEPARTMENT OF THE INTERIOR Æ Fax: 406–449–5339, Attn: MT conservation efforts on their properties
CCAA. to enhance, restore, or maintain habitat
Fish and Wildlife Service Æ In-Person Viewing or Pickup: to benefit species that are proposed for
Documents will be available for public listing under the ESA, that are
[FWS–R6–ES–2017–N113; FF06E11000– inspection by appointment during candidates for listing, or that may
178–FXES111606CSAGE] become candidates. The Service works
normal business hours at the U.S. Fish
and Wildlife Service, Montana with these partners to identify threats to
Enhancement of Survival Permit candidate species, plan the measures
Application; Draft Candidate Ecological Services Field Office, U.S.
Fish and Wildlife Service, 585 Shephard needed to address the threats and
Conservation Agreement With conserve these species, identify willing
Assurances for the Greater Sage- Way, Suite 1, Helena, MT 59601.
landowners, develop agreements, and
Grouse and Four Grassland Songbirds FOR FURTHER INFORMATION CONTACT:
design and implement conservation
in Montana; Draft Environmental Field Supervisor, Montana Ecological
measures and monitor their
Assessment Services Field Office (see ADDRESSES),
effectiveness.
telephone: 406–449–5225. If you use a If we approve this CCAA, we will
AGENCY: Fish and Wildlife Service, telecommunications device for the deaf,
Interior. issue an associated enhancement of
please call the Federal Relay Service at survival permit under section
ACTION: Notice of availability; request 800–877–8339. 10(a)(1)(A) of the ESA that authorizes
for comments. SUPPLEMENTARY INFORMATION: We, the incidental take resulting from covered
U.S. Fish and Wildlife Service (Service), activities should any of the five covered
SUMMARY: We, the U.S. Fish and received and make available for
Wildlife Service, are making available species addressed in the CCAA become
comment an application from The listed. Through the CCAA and permit,
for public comment an application from Nature Conservancy (TNC). The
The Nature Conservancy (TNC) for an we also provide assurances to
application is for an enhancement of participating landowners that we will
enhancement of survival permit (permit) survival permit (permit) under section
under the Endangered Species Act for not impose additional land, water, or
10(a)(1)(A) of the Endangered Species financial commitments, or restrictions
take of five species associated with Act of 1973, as amended (16 U.S.C. 1531
implementation of a candidate on land, water, or resource use, as a
et seq.; ESA), for potential take of five result of their efforts to attract or
conservation agreement with assurances species associated with implementation
(CCAA) in Montana. The intent of the increase the numbers or distribution of
of a candidate conservation agreement a species on their properties if that
CCAA is to provide private landowners with assurances (CCAA) in Montana
in the coverage area with the species becomes listed under the ESA in
(coverage area). The coverage area the future. Application requirements
opportunity to voluntarily conserve would be the range of the five species
covered species and their habitats while and issuance criteria for enhancement of
on privately owned lands in Montana. survival permits through a CCAA are
carrying out their operations in a The CCAA would cover and include
manner that would contribute to found in 50 CFR 17.22(d) and 17.32(d),
conservation measures for the greater as well as in 50 CFR part 13.
precluding the need to list the covered sage-grouse (Centrocercus
species. Pursuant to the National urophasianus), Baird’s sparrow Proposed Action
Environmental Policy Act, we have (Ammodramus bairdii), chestnut- Under the proposed programmatic
prepared a draft environmental collared longspur (Calcarius ornatus), CCAA, enrolled landowners in the
assessment (EA) that analyzes the McCown’s longspur (Rhynchophanes CCAA (participants) would implement
potential impacts of issuance of the mccownii), and Sprague’s pipit (Anthus conservation measures that avoid,
permit and implementation of the spragueii). The intent of the CCAA is to minimize, and mitigate impacts to the
proposed CCAA, as well as two provide ranchers and agriculture covered species and their habitats from
alternatives to the proposed action in producers in the coverage area with the ongoing grazing and range management
the EA. The permit application, the opportunity to voluntarily conserve the activities on enrolled lands. The Service
draft CCAA, and draft EA are available covered species and their habitat, while would issue the permit to TNC, which
for public review, and we seek public
asabaliauskas on DSKBBXCHB2PROD with NOTICES
carrying out their operations in a would administer the CCAA and enroll
comment on these documents and manner that would provide net the participants. The CCAA would be in
potential issuance of the permit. conservation benefit to the species. effect for 20 years. The covered area
DATES: Written comments must be Pursuant to the National would encompass the non-Federal lands
submitted by October 25, 2017. Environmental Policy Act (42 U.S.C. within the range of the covered species
ADDRESSES: To request further 4321 et seq.; NEPA), we have prepared in Montana.
information or submit written a draft environmental assessment (EA) With issuance of the enhancement of
comments, please use the following that analyzes the potential impacts of survival permit, the Service would
methods, and note that your information issuance of the permit and provide TNC and the participants
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![44652 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices
assurances that, should any of the Public Comments final decision until after the end of the
covered species be listed, no further You may submit your comments and 30-day public comment period, and we
commitments or restrictions than those materials by one of the methods listed will fully consider all comments we
they committed to under the CCAA in ADDRESSES. We request data, receive during the public comment
would be imposed, as long as the CCAA information, opinions, or suggestions period.
is properly implemented. Furthermore, from the public, other concerned Authority: We provide this notice in
if any of the covered species are listed, governmental agencies, the scientific accordance with the requirements of section
the permit would provide TNC and community, Tribes, industry, or any 10 of the ESA (16 U.S.C. 1531 et seq.) and
individuals TNC enrolls in the CCAA NEPA (42 U.S.C. 4321 et seq.) and their
other interested party on our proposed implementing regulations (50 CFR 17.22, 40
with incidental take authorization. permit action. We particularly seek CFR 1506.6, and 43 CFR Part 46,
Participants would receive take comments on the following: (1) respectively).
authorization through their certificates Biological information and relevant data
of inclusion under the permit. The Dated: September 11, 2017.
concerning the covered species; (2)
permit would become effective on the Michael Thabault,
current or planned activities in the
effective date of a listing of the covered subject area and their possible impacts Assistant Regional Director—Ecological
species as endangered or threatened and Services, Mountain-Prairie Region, U.S. Fish
on the covered species; (3) identification and Wildlife Service, Lakewood, Colorado.
would continue through the end of the of any other environmental issues that
CCAA term. [FR Doc. 2017–20373 Filed 9–22–17; 8:45 am]
should be considered with regard to the
BILLING CODE 4333–15–P
The Secretary of the Interior has proposed permit action; and (4)
delegated to the Service the authority to information regarding the adequacy of
approve or deny a section 10(a)(1)(A) the draft CCAA pursuant to the DEPARTMENT OF THE INTERIOR
permit in accordance with the ESA. To requirements for permits at 50 CFR parts
act on TNC’s permit application, we 13 and 17. National Park Service
must determine that the CCAA meets Public Availability of Comments [NPS–WASO–NAGPRA–NPS0024017;
the issuance criteria specified in the PPWOCRADN0–PCU00RP14.R50000]
ESA and at 50 CFR 17.22 and 17.32, as All comments and materials we
well as at 50 CFR part 13. These criteria receive become part of the public record Notice of Inventory Completion:
include a finding that the proposed associated with this action. Before University of Michigan, Ann Arbor, MI
CCAA complies with the requirements including your address, phone number,
of our CCAA Policy (81 FR 951646; email address, or other personally AGENCY: National Park Service, Interior.
December 27, 2016). identifiable information (PII) in your ACTION: Notice.
comments, you should be aware that
National Environmental Policy Act your entire comment—including your SUMMARY: The University of Michigan
Compliance PII—may be made publicly available at has completed an inventory of human
any time. While you can ask us in your remains and associated funerary objects,
The issuance of a section 10(a)(1)(A) comment to withhold your PII from in consultation with the appropriate
permit is a Federal action subject to public review, we cannot guarantee that Indian Tribes or Native Hawaiian
NEPA compliance, including the we will be able to do so. Comments and organizations, and has determined that
Council on Environmental Quality materials we receive, as well as there is no cultural affiliation between
regulations for implementing the supporting documentation we use in the human remains and associated
procedural provisions of NEPA (40 CFR preparing the EA, will be available for funerary objects and any present-day
1500–1508). The draft CCAA and public inspection by appointment, Indian Tribes or Native Hawaiian
application for the enhancement of during normal business hours, at our organizations. Representatives of any
survival permit are not eligible for Montana Field Office (see ADDRESSES). Indian Tribe or Native Hawaiian
categorical exclusion under NEPA. We organization not identified in this notice
have prepared a draft EA to analyze the Next Steps that wish to request transfer of control
direct, indirect, and cumulative impacts After completion of the EA based on of these human remains and associated
of the CCAA on the quality of the consideration of public comments, we funerary objects should submit a written
human environment and other natural will determine whether adoption of the request to the University of Michigan. If
resources. In compliance with NEPA, proposed CCAA warrants a finding of no additional requestors come forward,
we analyzed the impacts of no significant impact or whether an transfer of control of the human remains
implementing the CCAA, issuance of environmental impact statement should and associated funerary objects to the
the permit, and a reasonable range of be prepared. We will evaluate the Indian Tribes or Native Hawaiian
alternatives in the draft EA. Based on proposed CCAA as well as any organizations stated in this notice may
these analyses and any new information comments we receive, to determine proceed.
resulting from public comment on the whether implementation of the DATES: Representatives of any Indian
proposed action, we will determine if proposed CCAA would meet the Tribe or Native Hawaiian organization
issuance of the permit would cause any requirements for issuance of a permit not identified in this notice that wish to
significant impacts to the human under section 10(a)(1)(A) of the ESA. request transfer of control of these
environment. After reviewing public human remains and associated funerary
asabaliauskas on DSKBBXCHB2PROD with NOTICES
We will also evaluate whether the
comments, we will evaluate whether the proposed permit action would comply objects should submit a written request
proposed action and alternatives in the with section 7 of the ESA by conducting with information in support of the
draft EA are adequate to support a an intra-Service section 7 consultation. request to the University of Michigan at
finding of no significant impact under We will consider the results of this the address in this notice by October 25,
NEPA. We now make the draft EA consultation, in combination with the 2017.
available for public inspection online or above findings, in our final analysis to ADDRESSES: Dr. Ben Secunda, NAGPRA
in person at the Service offices listed in determine whether or not to issue a Project Manager, University of Michigan
ADDRESSES. permit to TNC. We will not make our Office of Research, 4080 Fleming
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Document Created: 2018-10-24 14:42:30
Document Modified: 2018-10-24 14:42:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | Written comments must be submitted by October 25, 2017. | |
| Contact | Field Supervisor, Montana Ecological | |
| FR Citation | 82 FR 44651 |
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