82 FR 51382 - Mitigation Policies of the U.S. Fish and Wildlife Service; Request for Comments
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 213 (November 6, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51382-51383 | |
| FR Document | 2017-23965 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Proposed Rules] [Pages 51382-51383] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23965] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Chapter I [Docket Nos. FWS-HQ-ES-2015-0126 and FWS-HQ-ES-2015-0165; FXES11140900000-178-FF09E33000] Mitigation Policies of the U.S. Fish and Wildlife Service; Request for Comments AGENCY: Fish and Wildlife Service, Interior. ACTION: Policy review; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are requesting public comment on portions of our existing Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy (ESA-CMP). We specifically request comment on the policies' mitigation planning goals. Based on comments received, the Service will decide whether and how to revise the policies. DATES: We will accept comments from all interested parties until January 5, 2018. Please note that if you are using the Federal eRulemaking Portal (see ADDRESSES below), the deadline for submitting an electronic comment is 11:59 p.m. Eastern Standard Time on this date. ADDRESSES: Document availability: The Service's Mitigation Policy was published November 21, 2016, at 81 FR 83440 and is available at https://www.regulations.gov at Docket No. FWS-HQ-ES-2015-0126. The Service's ESA-CMP was published December 27, 2106, at 81 FR 95316 and is available at https://www.regulations.gov at Docket No. FWS-HQ-ES-2015- 0165. Comment submission: You may submit comments by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the docket number for the policy, which is FWS- HQ-ES-2015-0126 for the mitigation policy and FWS-HQ-ES-2015-0165 for the ESA-CMP. You may enter a comment by clicking on the ``Comment Now!'' button. Please ensure that you have found the correct document before submitting your comment. U.S. mail or hand delivery: Public Comments Processing, Attn: Docket No. [FWS-HQ-ES-2015-0126 or FWS-HQ-ES-2015-0165]; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803. We will post all comments on https://www.regulations.gov. This generally means that we will post any personal information you provide us (see Request for Information below for more information). FOR FURTHER INFORMATION CONTACT: Craig Aubrey, U.S. Fish and Wildlife Service, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, telephone 703-358-2442. SUPPLEMENTARY INFORMATION: [[Page 51383]] Background The Mitigation Policy (81 FR 83440, November 21, 2016) and the ESA- CMP (81 FR 95316, December 27, 2016) were developed to ensure consistency with existing directives in effect at the time of issuance, including former President Obama's Memorandum on Mitigating Impacts on Natural Resources From Development and Encouraging Related Private Investment (November 3, 2015). The Presidential Memorandum directed all Federal agencies that manage natural resources to avoid and then minimize harmful effects to land, water, wildlife, and other ecological resources (natural resources) caused by land- or water-disturbing activities, and to ensure that any remaining harmful effects are effectively addressed, consistent with existing mission and legal authorities. Also, under the memorandum, all Federal mitigation policies were directed to clearly set a net-benefit goal or, at minimum, a no-net-loss goal for natural resources, wherever doing so is allowed by existing statutory authority and is consistent with agency mission and established natural resource objectives. The Presidential Memorandum was subsequently rescinded by Executive Order 13783, ``Promoting Energy Independence and Economic Growth'' (March 28, 2017). The 2016 policies also described their consistency with the Secretary of the Interior's Order 3330 on Improving Mitigation Policies and Practices of the Department of the Interior (October 31, 2013), which established a Department-wide mitigation strategy to ensure consistency and efficiency in the review and permitting of infrastructure-development projects and in conserving natural and cultural resources. The Secretary's Order was subsequently revoked by Secretary of the Interior's Order 3349 on American Energy Independence (March 29, 2017). It directed Department of the Interior bureaus to reexamine mitigation policies and practices to better balance conservation strategies and policies with job creation for American families. Mitigation Planning Goal The Mitigation Policy articulated general policy and principles intended to guide Service-recommended mitigation across Service programs. These principles were in turn adopted by the ESA-CMP. Included among the principles was an overall mitigation planning goal of net conservation gain: The Service's mitigation planning goal is to improve (i.e., a net gain) or, at minimum, to maintain (i.e., no net loss) the current status of affected resources, as allowed by applicable statutory authority and consistent with the responsibilities of action proponents under such authority. As informed by established conservation objectives and strategies, Service mitigation recommendations will focus primarily on important, scarce, or sensitive resources, and will specify the means and measures that achieve the planning goal. When the Service published both the draft Mitigation Policy and draft ESA-CMP for public comment, many commenters addressed the policies' mitigation planning goals. Comments on the proposed Mitigation Policy may be viewed here: https://www.regulations.gov/docketBrowser?rpp=25&po=0&dct=PS&D=FWS-HQ-ES-2015-0126&refD=FWS-HQ-ES-2015-0126-0001. Comments on the proposed ESA-CMP may be viewed here: https://www.regulations.gov/docketBrowser?rpp=25&po=0&dct=PS&D=FWS-HQ-ES-2015-0165&refD=FWS-HQ-ES-2015-0165-0001. The Service addressed these comments within the documents for the final policies. This document announces the Service's intent to solicit additional input regarding whether to retain or remove net conservation gain as a mitigation planning goal within our mitigation policies. Request for Information We ask that comments specifically address the advisability of retaining or removing references to net conservation gain from the Service's overall mitigation planning goal within each policy. We further ask that commenters submit comments to one or the other docket based on the specific policy of concern (the Mitigation Policy or the ESA-CMP). We will consider information and recommendations from all interested parties. We therefore invite comments, information, and recommendations from governmental agencies, Indian Tribes, the scientific community, industry groups, environmental interest groups, and any other interested parties. All comments and materials received by the date listed above in DATES will be considered prior to any proposed modification to the policies. If you submit information via https://www.regulations.gov, your entire submission--including any personal identifying information--will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on https://www.regulations.gov. Next Steps After the comment period closes, we will determine whether and how to revise the policies in response to the public input regarding the requested information. We will also update the policies to remove specific references to the Presidential Memorandum that was rescinded by Executive Order 13783 and to Secretary of the Interior's Order 3330 that was revoked by the subsequent Order 3349. Dated: October 4, 2017. Gregory Sheehan, Principal Deputy Director, U.S. Fish and Wildlife Service. [FR Doc. 2017-23965 Filed 11-3-17; 8:45 am] BILLING CODE 4333-15-P
![51382 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules
notification in the Federal Register that between a ‘‘vessel’’ and ‘‘person’’ is that Policy review; request for
ACTION:
the amendment is available for public some participants in this small sector of comments.
review and comment. NMFS will the CPS fishery fish from a platform
consider the public comments received other than a vessel (e.g. beach seine) and SUMMARY: We, the U.S. Fish and
during the comment period described in a single fishing trip (e.g. a single haul Wildlife Service (Service), are
above in determining whether to of a beach seine) may only land a few requesting public comment on portions
approve, disapprove, or partially hundred pounds. Therefore, the Council of our existing Mitigation Policy and
approve Amendment 16. recommended allowing a person to Endangered Species Act Compensatory
In recent years the primary directed make multiple fishing trips without Mitigation Policy (ESA–CMP). We
fishery for Pacific sardine has using a vessel in a single day as long as specifically request comment on the
experienced extremely shortened their total landings do not exceed 1 mt policies’ mitigation planning goals.
fishing seasons or complete fishing year in a day. The Council recommended Based on comments received, the
closures. However, the CPS FMP allows that vessels be limited to a single trip as Service will decide whether and how to
incidental catch of CPS and live bait their typical landings are much greater revise the policies.
fishing to continue when directed per trip. DATES: We will accept comments from
fisheries are closed, provided the Pacific Public comments on Amendment 16 all interested parties until January 5,
sardine stock is not overfished or must be received by January 5, 2018. 2018. Please note that if you are using
experiencing overfishing. These small The Council has also submitted the Federal eRulemaking Portal (see
allowances continue to be subject to proposed regulations to implement ADDRESSES below), the deadline for
ACLs and comport with the Amendment 16 for Secretarial review submitting an electronic comment is
conservation goals of the CPS FMP. and approval. NMFS expects to publish 11:59 p.m. Eastern Standard Time on
Management measures for incidental and request public comment on the this date.
landing allowances are typically proposed regulation to implement ADDRESSES:
expressed as allowable percentages of Amendment 16 in the near future. Document availability: The Service’s
that species in a landing of the Public comments on Amendment 16 Mitigation Policy was published
dominant species catch. However, must be received by the end of the November 21, 2016, at 81 FR 83440 and
during the directed fishing closures comment period to be considered in the is available at https://www.regulations.
some other very small-scale fisheries approval/disapproval decision on gov at Docket No. FWS–HQ–ES–2015–
have been precluded from fishing and/ Amendment 16. All comments received 0126. The Service’s ESA–CMP was
or harvesting even de minimis amounts by the end of the comment period on published December 27, 2106, at 81 FR
because they would exceed existing 95316 and is available at https://www.
Amendment 16, whether specifically
incidental allowances or they are not regulations.gov at Docket No. FWS–HQ–
directed to Amendment 16 or the
caught incidental to another CPS ES–2015–0165.
proposed rule, will be considered in the
species (i.e., within allowances) and the Comment submission: You may
approval/disapproval decision.
fish are not sold as live bait. In the case submit comments by one of the
Comments received after that date will
of Pacific sardine, these small-scale CPS following methods:
not be considered in the approval/
fisheries typically sell their catch as
disapproval decision of Amendment 16. • Federal eRulemaking Portal: http://
specialty dead bait to recreational and www.regulations.gov. In the Search box,
To be considered, comments must be
commercial fisheries, or as fresh fish to enter the docket number for the policy,
received by close of business on the last
restaurants and the public. For example, which is FWS–HQ–ES–2015–0126 for
landings by a beach seine operation may day of the comment period; that does
not mean postmarked or otherwise the mitigation policy and FWS–HQ–ES–
often be over 50 percent sardine, which 2015–0165 for the ESA–CMP. You may
would exceed typically incidental transmitted by that date.
enter a comment by clicking on the
landing allowances, yet total only a few Authority: 16 U.S.C. 1801 et seq.
‘‘Comment Now!’’ button. Please ensure
hundred pounds. Pursuant to a request Dated: November 1, 2017. that you have found the correct
from the Council at their April 2016 Emily H. Menashes, document before submitting your
meeting, the Coastal Pelagic Species Acting Director, Office of Sustainable comment.
Management Team (CPSMT) explored Fisheries, National Marine Fisheries Service. • U.S. mail or hand delivery: Public
management options to account for [FR Doc. 2017–24097 Filed 11–3–17; 8:45 am] Comments Processing, Attn: Docket No.
these small-scale fisheries that have [FWS–HQ–ES–2015–0126 or FWS–HQ–
BILLING CODE 3510–22–P
been negatively impacted by the closure ES–2015–0165]; Division of Policy,
of the directed sardine fishery. Performance, and Management
At the April 2017 Council meeting, Programs; U.S. Fish and Wildlife
the Council adopted Amendment 16 to Service; MS: BPHC; 5275 Leesburg Pike,
the CPS FMP to allow minor directed DEPARTMENT OF THE INTERIOR
Falls Church, VA 22041–3803.
fishing to continue after a directed Fish and Wildlife Service We will post all comments on https://
fishery is closed. Minor directed fishing www.regulations.gov. This generally
would be allowed unless otherwise 50 CFR Chapter I means that we will post any personal
specified, or if an applicable ACL is information you provide us (see Request
anticipated to be exceeded. As a further for Information below for more
[Docket Nos. FWS–HQ–ES–2015–0126 and
Pmangrum on DSK3GDR082PROD with PROPOSALS
restriction, to ensure the minor directed information).
FWS–HQ–ES–2015–0165;
landing provision is not exploited to
FXES11140900000–178–FF09E33000] FOR FURTHER INFORMATION CONTACT:
make large aggregate harvests,
Amendment 16 limits this directed Craig Aubrey, U.S. Fish and Wildlife
Mitigation Policies of the U.S. Fish and
fishing exemption so that landings Service, Division of Environmental
Wildlife Service; Request for
cannot exceed 1 metric ton (mt) per day Review, 5275 Leesburg Pike, Falls
Comments
per vessel or person, and which is Church, VA 22041–3803, telephone
limited to one fishing trip per day by AGENCY: Fish and Wildlife Service, 703–358–2442.
any vessel. The intent of distinguishing Interior. SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules 51383
Background conservation strategies and policies gain from the Service’s overall
The Mitigation Policy (81 FR 83440, with job creation for American families. mitigation planning goal within each
November 21, 2016) and the ESA–CMP policy. We further ask that commenters
Mitigation Planning Goal
(81 FR 95316, December 27, 2016) were submit comments to one or the other
The Mitigation Policy articulated docket based on the specific policy of
developed to ensure consistency with general policy and principles intended
existing directives in effect at the time concern (the Mitigation Policy or the
to guide Service-recommended ESA–CMP).
of issuance, including former President mitigation across Service programs.
Obama’s Memorandum on Mitigating These principles were in turn adopted We will consider information and
Impacts on Natural Resources From by the ESA–CMP. Included among the recommendations from all interested
Development and Encouraging Related principles was an overall mitigation parties. We therefore invite comments,
Private Investment (November 3, 2015). planning goal of net conservation gain: information, and recommendations from
The Presidential Memorandum directed governmental agencies, Indian Tribes,
all Federal agencies that manage natural The Service’s mitigation planning goal is to the scientific community, industry
improve (i.e., a net gain) or, at minimum, to
resources to avoid and then minimize groups, environmental interest groups,
maintain (i.e., no net loss) the current status
harmful effects to land, water, wildlife, of affected resources, as allowed by and any other interested parties. All
and other ecological resources (natural applicable statutory authority and consistent comments and materials received by the
resources) caused by land- or water- with the responsibilities of action proponents date listed above in DATES will be
disturbing activities, and to ensure that under such authority. As informed by considered prior to any proposed
any remaining harmful effects are established conservation objectives and modification to the policies.
effectively addressed, consistent with strategies, Service mitigation
recommendations will focus primarily on If you submit information via https://
existing mission and legal authorities. important, scarce, or sensitive resources, and www.regulations.gov, your entire
Also, under the memorandum, all will specify the means and measures that submission—including any personal
Federal mitigation policies were achieve the planning goal. identifying information—will be posted
directed to clearly set a net-benefit goal on the Web site. If your submission is
When the Service published both the
or, at minimum, a no-net-loss goal for made via a hardcopy that includes
draft Mitigation Policy and draft ESA–
natural resources, wherever doing so is personal identifying information, you
CMP for public comment, many
allowed by existing statutory authority may request at the top of your document
commenters addressed the policies’
and is consistent with agency mission mitigation planning goals. Comments on that we withhold this information from
and established natural resource the proposed Mitigation Policy may be public review. However, we cannot
objectives. The Presidential viewed here: https://www. guarantee that we will be able to do so.
Memorandum was subsequently regulations.gov/docketBrowser?rpp= We will post all hardcopy submissions
rescinded by Executive Order 13783, 25&po=0&dct=PS&D=FWS-HQ-ES- on https://www.regulations.gov.
‘‘Promoting Energy Independence and 2015-0126&refD=FWS-HQ-ES-2015-
Economic Growth’’ (March 28, 2017). Next Steps
0126-0001. Comments on the proposed
The 2016 policies also described their ESA–CMP may be viewed here: https:// After the comment period closes, we
consistency with the Secretary of the www.regulations.gov/docketBrowser will determine whether and how to
Interior’s Order 3330 on Improving ?rpp=25&po=0&dct=PS&D=FWS-HQ- revise the policies in response to the
Mitigation Policies and Practices of the ES-2015-0165&refD=FWS-HQ-ES-2015- public input regarding the requested
Department of the Interior (October 31, 0165-0001. The Service addressed these information. We will also update the
2013), which established a Department- comments within the documents for the policies to remove specific references to
wide mitigation strategy to ensure final policies. the Presidential Memorandum that was
consistency and efficiency in the review This document announces the rescinded by Executive Order 13783 and
and permitting of infrastructure- Service’s intent to solicit additional to Secretary of the Interior’s Order 3330
development projects and in conserving input regarding whether to retain or that was revoked by the subsequent
natural and cultural resources. The remove net conservation gain as a Order 3349.
Secretary’s Order was subsequently mitigation planning goal within our
revoked by Secretary of the Interior’s Dated: October 4, 2017.
mitigation policies.
Order 3349 on American Energy Gregory Sheehan,
Independence (March 29, 2017). It Request for Information Principal Deputy Director, U.S. Fish and
directed Department of the Interior We ask that comments specifically Wildlife Service.
bureaus to reexamine mitigation address the advisability of retaining or [FR Doc. 2017–23965 Filed 11–3–17; 8:45 am]
policies and practices to better balance removing references to net conservation BILLING CODE 4333–15–P
Pmangrum on DSK3GDR082PROD with PROPOSALS
VerDate Sep<11>2014 14:47 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 9990 E:\FR\FM\06NOP1.SGM 06NOP1](https://thefederalregister.org/doc/82_FR_51595/page/2.svg)
Document Created: 2017-11-07 10:30:53
Document Modified: 2017-11-07 10:30:53
| 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 | Proposed Rules | |
| Action | Policy review; request for comments. | |
| Dates | We will accept comments from all interested parties until January 5, 2018. Please note that if you are using the Federal | |
| Contact | Craig Aubrey, U.S. Fish and Wildlife Service, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, telephone 703-358-2442. | |
| FR Citation | 82 FR 51382 |
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