82 FR 55550 - Endangered and Threatened Wildlife and Plants; Regulations for Candidate Conservation Agreements With Assurances
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 224 (November 22, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 224 (November 22, 2017)
| Page Range | 55550-55551 | |
| FR Document | 2017-25268 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Proposed Rules] [Pages 55550-55551] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25268] [[Page 55550]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-HQ-ES-2017-0075; FF09E41000 178 FXES111609C0000] Endangered and Threatened Wildlife and Plants; Regulations for Candidate Conservation Agreements With Assurances AGENCY: U.S. Fish and Wildlife Service (FWS), Interior. ACTION: Regulatory review; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), announce the intention to review and potentially revise the regulations concerning enhancement-of-survival permits issued under the Endangered Species Act of 1973, as amended (ESA), associated with Candidate Conservation Agreements with Assurances. In a separate document published in today's Federal Register, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service announce the intention to review and potentially revise the Candidate Conservation Agreement with Assurances policy. DATES: We will accept comments that we receive on or before January 22, 2018. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit comments by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter docket number FWS-HQ-ES-2017-0075. Then, click on the Search button. On the resulting page, you may enter a comment by clicking on ``Comment Now!'' 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-2017-0075; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg Pike; MS: BPHC; Falls Church, VA 22041. We will post all comments on http://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: Jeff Newman, Chief, Division of Recovery and Restoration, U.S. Fish and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703- 358-2171. Persons who use a telecommunications device for the deaf may call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Background Through its Candidate Conservation Program, one of the FWS's goals is to encourage the public to voluntarily develop and implement conservation agreements for declining species prior to them being listed under the ESA (16 U.S.C. 1531 et seq.). The benefits of such conservation actions may contribute to not needing to list a species, to list a species as threatened instead of endangered, or to accelerate the species' recovery if it is listed. The FWS put in place a voluntary conservation program to provide incentives for non-Federal property owners to develop and implement conservation agreements for unlisted species: Candidate Conservation Agreements with Assurances (CCAAs). On June 17, 1999, the policy for this type of agreement (64 FR 32726) and implementing regulations in part 17 of title 50 of the Code of Federal Regulations (CFR) (64 FR 32706) were made final. On May 3, 2004, we published a final rule (69 FR 24084) to revise the CCAA regulations to make them easier to understand and implement by, among other things, defining ``property owner'' and by clarifying several points, including the transfer of permits, permit revocation, and advanced notification of take. To participate in a CCAA, non-Federal property owners agree to implement specific conservation actions on their land that reduce or eliminate threats to the species that are covered under the agreement. An ESA section 10(a)(1)(A) enhancement-of-survival permit is issued to the agreement participant providing a specific level of incidental take coverage should the property owner's agreed-upon conservation actions and routine property management actions (e.g., agricultural, ranching, or forestry activities) result in take of the covered species, if it is listed. Property owners receive assurances that they will not be required to undertake any conservation actions other than those agreed to if new information indicates that additional or revised conservation measures are needed for the species, and they will not be subject to additional resource use or land-use restrictions. Based on our past 16 years of experience with CCAAs, on December 27, 2016, we revised the CCAA policy (81 FR 95164) and made necessary amendments to the CCAA regulations (81 FR 95053) to conform to the revised policy. Those revisions to the regulations clarify the level of conservation effort each agreement needs to include in order for the FWS to approve an agreement and issue a permit. We revised the issuance criteria at 50 CFR 17.22(d)(2)(ii) and 17.32(d)(2)(ii) to include language indicating that a CCAA must provide a net conservation benefit consistent with the 2016 CCAA policy. The conservation criteria required for permit issuance were not included in the previous version of the regulations. Instead, they specifically referred to compliance with the CCAA policy, which established the criteria. Our intent was to be more clear and transparent about the level of conservation effort required for each CCAA to be approved and make it consistent with the criteria for Safe Harbor Agreements; this change also better aligned the regulations with the CCAA policy. The other major change we made to the regulations was to the duration language at 50 CFR 17.22(d)(8) and 17.32(d)(8), where we stated that the duration of a CCAA must be sufficient to provide a net conservation benefit to the covered species. The full definition of ``net conservation benefit (for CCAA)'' is included in part 2 of the 2016 CCAA policy. The Services are committed to strengthening the delivery of our voluntary conservation tools, such as CCAAs, by making it easier to work with us on proactive conservation efforts, thus we are soliciting public review and comment on whether to revise the 2016 CCAA regulations (and accompanying policy). Request for Information During the comment period (see DATES, above), we will accept written comments and information on our 2016 revisions to the CCAA regulations (81 FR 95053; December 27, 2016). You may submit your comments and materials by one of the methods listed in ADDRESSES. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--will be posted on http://www.regulations.gov. 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. All comments and recommendations, including names and addresses, will become part of the record for this review. [[Page 55551]] Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: October 4, 2017. Gregory J. Sheehan, Principal Deputy Director, U.S. Fish and Wildlife Service. [FR Doc. 2017-25268 Filed 11-21-17; 8:45 am] BILLING CODE 4333-15-P
![55550 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Proposed Rules
DEPARTMENT OF THE INTERIOR Service Headquarters, MS: ES, 5275 (81 FR 95164) and made necessary
Leesburg Pike, Falls Church, VA 22041– amendments to the CCAA regulations
Fish and Wildlife Service 3803; telephone 703–358–2171. Persons (81 FR 95053) to conform to the revised
who use a telecommunications device policy. Those revisions to the
50 CFR Part 17 for the deaf may call the Federal Relay regulations clarify the level of
[Docket No. FWS–HQ–ES–2017–0075; Service at 800–877–8339. conservation effort each agreement
FF09E41000 178 FXES111609C0000] SUPPLEMENTARY INFORMATION: needs to include in order for the FWS
to approve an agreement and issue a
Background permit. We revised the issuance criteria
Endangered and Threatened Wildlife
and Plants; Regulations for Candidate Through its Candidate Conservation at 50 CFR 17.22(d)(2)(ii) and
Conservation Agreements With Program, one of the FWS’s goals is to 17.32(d)(2)(ii) to include language
Assurances encourage the public to voluntarily indicating that a CCAA must provide a
develop and implement conservation net conservation benefit consistent with
AGENCY: U.S. Fish and Wildlife Service agreements for declining species prior to the 2016 CCAA policy. The
(FWS), Interior. them being listed under the ESA (16 conservation criteria required for permit
ACTION: Regulatory review; request for U.S.C. 1531 et seq.). The benefits of issuance were not included in the
comments. such conservation actions may previous version of the regulations.
contribute to not needing to list a Instead, they specifically referred to
SUMMARY: We, the U.S. Fish and species, to list a species as threatened compliance with the CCAA policy,
Wildlife Service (FWS), announce the instead of endangered, or to accelerate which established the criteria. Our
intention to review and potentially the species’ recovery if it is listed. The intent was to be more clear and
revise the regulations concerning FWS put in place a voluntary transparent about the level of
enhancement-of-survival permits issued conservation program to provide conservation effort required for each
under the Endangered Species Act of incentives for non-Federal property CCAA to be approved and make it
1973, as amended (ESA), associated owners to develop and implement consistent with the criteria for Safe
with Candidate Conservation conservation agreements for unlisted Harbor Agreements; this change also
Agreements with Assurances. In a species: Candidate Conservation better aligned the regulations with the
separate document published in today’s Agreements with Assurances (CCAAs). CCAA policy. The other major change
Federal Register, the U.S. Fish and On June 17, 1999, the policy for this we made to the regulations was to the
Wildlife Service and the National type of agreement (64 FR 32726) and duration language at 50 CFR 17.22(d)(8)
Marine Fisheries Service announce the implementing regulations in part 17 of and 17.32(d)(8), where we stated that
intention to review and potentially title 50 of the Code of Federal the duration of a CCAA must be
revise the Candidate Conservation Regulations (CFR) (64 FR 32706) were sufficient to provide a net conservation
Agreement with Assurances policy. made final. On May 3, 2004, we benefit to the covered species. The full
DATES: We will accept comments that published a final rule (69 FR 24084) to definition of ‘‘net conservation benefit
we receive on or before January 22, revise the CCAA regulations to make (for CCAA)’’ is included in part 2 of the
2018. Comments submitted them easier to understand and 2016 CCAA policy. The Services are
electronically using the Federal implement by, among other things, committed to strengthening the delivery
eRulemaking Portal (see ADDRESSES, defining ‘‘property owner’’ and by of our voluntary conservation tools,
below) must be received by 11:59 p.m. clarifying several points, including the such as CCAAs, by making it easier to
Eastern Time on the closing date. transfer of permits, permit revocation, work with us on proactive conservation
ADDRESSES: You may submit comments and advanced notification of take. efforts, thus we are soliciting public
by one of the following methods: To participate in a CCAA, non- review and comment on whether to
• Federal eRulemaking Portal: http:// Federal property owners agree to revise the 2016 CCAA regulations (and
www.regulations.gov. In the Search box, implement specific conservation actions accompanying policy).
enter docket number FWS–HQ–ES– on their land that reduce or eliminate
threats to the species that are covered Request for Information
2017–0075. Then, click on the Search
under the agreement. An ESA section During the comment period (see
button. On the resulting page, you may
10(a)(1)(A) enhancement-of-survival DATES, above), we will accept written
enter a comment by clicking on
permit is issued to the agreement comments and information on our 2016
‘‘Comment Now!’’ Please ensure that
participant providing a specific level of revisions to the CCAA regulations (81
you have found the correct document
incidental take coverage should the FR 95053; December 27, 2016). You may
before submitting your comment.
property owner’s agreed-upon submit your comments and materials by
• U.S. mail or hand delivery: Public
conservation actions and routine one of the methods listed in ADDRESSES.
Comments Processing, Attn: Docket No.
property management actions (e.g., Before including your address, phone
FWS–HQ–ES–2017–0075; Division of
agricultural, ranching, or forestry number, email address, or other
Policy, Performance, and Management personal identifying information in your
activities) result in take of the covered
Programs; U.S. Fish and Wildlife comment, you should be aware that
species, if it is listed. Property owners
Service; 5275 Leesburg Pike; MS: BPHC; your entire comment—including your
receive assurances that they will not be
Falls Church, VA 22041. personal identifying information—will
required to undertake any conservation
We will post all comments on http:// be posted on http://
actions other than those agreed to if new
ethrower on DSK3G9T082PROD with PROPOSALS
www.regulations.gov. This generally www.regulations.gov. While you can ask
information indicates that additional or
means that we will post any personal us in your comment to withhold your
revised conservation measures are
information you provide us (see Request personal identifying information from
needed for the species, and they will not
for Information, below, for more public review, we cannot guarantee that
be subject to additional resource use or
information). we will be able to do so. All comments
land-use restrictions.
FOR FURTHER INFORMATION CONTACT: Jeff Based on our past 16 years of and recommendations, including names
Newman, Chief, Division of Recovery experience with CCAAs, on December and addresses, will become part of the
and Restoration, U.S. Fish and Wildlife 27, 2016, we revised the CCAA policy record for this review.
VerDate Sep<11>2014 17:48 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\22NOP1.SGM 22NOP1](https://thefederalregister.org/doc/82_FR_55774/page/1.svg)
![Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Proposed Rules 55551
Authority DATES: Comments must be received by squid and krill. The CPS FMP was
The authority for this action is the December 22, 2017. approved by the Secretary of Commerce
Endangered Species Act of 1973, as ADDRESSES: You may submit comments and was implemented by regulations at
amended (16 U.S.C. 1531 et seq.). on this document, identified by NOAA– 50 CFR part 660, subpart I.
NMFS–2017–0135, by any of the The MSA requires each regional
Dated: October 4, 2017. fishery management council to submit
following methods:
Gregory J. Sheehan, • Electronic Submissions: Submit all any amendment to a FMP to NMFS for
Principal Deputy Director, U.S. Fish and electronic public comments via the review and approval, disapproval, or
Wildlife Service. Federal e-Rulemaking Portal. Go to partial approval. The MSA also requires
[FR Doc. 2017–25268 Filed 11–21–17; 8:45 am] www.regulations.gov/#!docketDetail;D= that NMFS, upon receiving an
BILLING CODE 4333–15–P NOAA-NMFS-2017-0135, click the amendment to a FMP, publish
‘‘Comment Now!’’ icon, complete the notification in the Federal Register that
required fields, and enter or attach your the amendment is available for public
comments. review and comment. NMFS will
DEPARTMENT OF COMMERCE
• Mail: Submit written comments to consider the public comments received
Barry A. Thom, Regional Administrator, during the comment period described
National Oceanic and Atmospheric
West Coast Region, NMFS, 501 W. above in determining whether to
Administration
Ocean Blvd., Ste. 4200, Long Beach, CA approve, disapprove, or partially
90802–4250; Attn: Joshua Lindsay. approve Amendment 16.
50 CFR Part 660 At its April 2017 meeting, the Pacific
Instructions: Comments must be
[Docket No. 170322302–7999–01] submitted by one of the above methods Fishery Management Council (Council)
to ensure that the comments are voted to submit Amendment 16 to
RIN 0648–BG74 received, documented, and considered NMFS for review and approval; this
by NMFS. Comments sent by any other proposed rule would revise the
Fisheries Off West Coast States; method, to any other address or implementing regulations for the CPS
Coastal Pelagic Species Fisheries; individual, or received after the end of FMP to implement Amendment 16 by
Amendment 16 to the Coastal Pelagic the comment period, may not be allowing ‘‘minor directed’’ fishing for
Species Fishery Management Plan considered. All comments received are CPS finfish after a directed fishery has
a part of the public record and will been closed. Current regulations provide
AGENCY: National Marine Fisheries for potential allowances of live bait
Service (NMFS), National Oceanic and generally be posted for public viewing
on www.regulations.gov without change. fishing and incidental landings in the
Atmospheric Administration (NOAA), event of a directed fishery closure; this
Commerce. All personal identifying information
(e.g., name, address, etc.) submitted action would allow a small sector of the
ACTION: Proposed rule; request for CPS fishery that is not part of the
voluntarily by the sender will be
comments. primary commercial directed fishery to
publicly accessible. Do not submit
confidential business information, or harvest minor amounts of CPS. This
SUMMARY: NMFS issues this proposed sector of the fishery intentionally targets
rule to implement Amendment 16 of the otherwise sensitive or protected
CPS and typically sells the catch as
Coastal Pelagic Species (CPS) Fishery information. NMFS will accept
specialty dead bait to recreational and
Management Plan (FMP). The purpose anonymous comments (enter ‘‘N/A’’ in
commercial fisheries, or as fresh fish to
of this proposed rule is to amend the the required fields if you wish to remain
restaurants and the public. Total
CPS regulations to allow for very small anonymous).
Copies of the draft CPS FMP as landings from this sector typically make
amounts of directed, non-live bait up less than one percent of the total
fishing on CPS finfish to occur when a amended through Amendment 16, with
landings of any particular CPS stock.
fishery is otherwise closed to directed notations showing how Amendment 16
Currently, when directed fishing
fishing. Currently, when directed would change the FMP, if approved, are
closures are enacted, these very small-
fishing closures are enacted, a small available via the Federal eRulemaking
scale fisheries have been precluded
sector of the CPS fishery that is not part Portal: http://www.regulations.gov,
from fishing and/or harvesting these
of the primary commercial directed docket NOAA-NMFS-2017-0135, or by
minor amounts because they do not fall
fishery has been precluded from fishing contacting the Pacific Fisheries
under the existing exemptions during
and/or harvesting even minor amounts Management Council, 7700 NE.
closures.
because this activity does not fall under Ambassador Place, Suite 101, Portland, If this proposed rule is approved,
the existing exemptions during closures OR 97220–1384. minor directed fishing will be allowed
for incidental harvest or for harvesting FOR FURTHER INFORMATION CONTACT: to continue after a directed fishery is
CPS to be sold as live bait. NMFS is Joshua B. Lindsay, Sustainable Fisheries closed. Minor directed fishing will be
proposing changes to the CPS Division, NMFS, at 562–980–4034; or allowed unless otherwise specified, or if
regulations to allow this sector to Kerry Griffin, Pacific Fishery an applicable ACL is anticipated to be
continue directed fishing after other Management Council, at 503–820–2280. exceeded. As a further restriction, to
directed fisheries are closed, unless SUPPLEMENTARY INFORMATION: The CPS ensure the minor directed landing
otherwise specified or if an applicable fishery in the U.S. exclusive economic provision is not exploited to make large
annual catch limit (ACL) is anticipated zone (EEZ) off the West Coast is aggregate harvests, this action proposes
ethrower on DSK3G9T082PROD with PROPOSALS
to be exceeded. As a further restriction, managed under the CPS FMP, which regulations to limit this directed fishing
to ensure this minor directed fishing was developed by the Council pursuant exemption so that landings cannot
provision is not exploited to make large to the Magnuson-Stevens Fishery exceed 1 mt per day per vessel or
aggregate harvests, minor directed Conservation and Management Act person, and which is limited to one
fishing would not be allowed to exceed (MSA), 16 U.S.C. 1801 et seq. Species fishing trip per day by any vessel. The
landings of 1 metric ton (mt) per day per managed under the CPS FMP include intent of distinguishing between a
vessel or person or one fishing trip per Pacific sardine, Pacific mackerel, jack ‘‘vessel’’ and ‘‘person’’ in these
day by any vessel. mackerel, northern anchovy, market regulations is that some participants in
VerDate Sep<11>2014 17:48 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\22NOP1.SGM 22NOP1](https://thefederalregister.org/doc/82_FR_55774/page/2.svg)
Document Created: 2017-11-22 00:49:14
Document Modified: 2017-11-22 00:49:14
| 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 | Regulatory review; request for comments. | |
| Dates | We will accept comments that we receive on or before January 22, 2018. Comments submitted electronically using the Federal eRulemaking | |
| Contact | Jeff Newman, Chief, Division of Recovery and Restoration, U.S. Fish and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703- 358-2171. Persons who use a telecommunications device for the deaf may call the Federal Relay Service at 800-877-8339. | |
| FR Citation | 82 FR 55550 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR