82 FR 55625 - Candidate Conservation Agreements With Assurances Policy

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

Page Range		55625-55626
FR Document		2017-25267

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services when referring to both, and Service when referring to an action taken by one agency), announce the intention to review and potentially revise the Candidate Conservation Agreements with Assurances policy under the Endangered Species Act of 1973, as amended. In a separate document published in today's Federal Register, the U.S. Fish and Wildlife Service announces the intention to review and potentially revise its regulations regarding Candidate Conservation Agreements with Assurances to make them consistent with any changes to the policy.

Federal Register, Volume 82 Issue 224 (Wednesday, November 22, 2017)

[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55625-55626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25267]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket Nos. FWS-HQ-ES-2017-0074 and 170918907-7907-01; FF09E41000 178 
FXES111609C0000]


Candidate Conservation Agreements With Assurances Policy

AGENCY: U.S. Fish and Wildlife Service (FWS), Interior; National Marine 
Fisheries Service (NMFS), Commerce.

ACTION: Policy review; request for comments.

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SUMMARY: The U.S. Fish and Wildlife Service and the National Marine 
Fisheries Service (Services when referring to both, and Service when 
referring to an action taken by one agency), announce the intention to 
review and potentially revise the Candidate Conservation Agreements 
with Assurances policy under the Endangered Species Act of 1973, as 
amended. In a separate document published in today's Federal Register, 
the U.S. Fish and Wildlife Service announces the intention to review 
and potentially revise its regulations regarding Candidate Conservation 
Agreements with Assurances to make them consistent with any changes to 
the 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) must be received by 11:59 p.m. Eastern Time on 
the closing date.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the Search box, enter docket number FWS-HQ-ES-2017-0074. 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-2017-0074; 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, for additional information).

FOR FURTHER INFORMATION CONTACT: Jeff Newman, Chief, Division of 
Recovery and Restoration, U.S. Fish and Wildlife Service, MS: ES, 5275 
Leesburg Pike, Falls Church, VA 22041-3803 (telephone 703-358-2171); or 
Angela Somma, Chief, Endangered Species Conservation Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910 (telephone 301-427-8403, 
facsimile 301-713-0376). Persons who use a telecommunications device 
for the deaf may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

[[Page 55626]]

Background

    The U.S. Fish and Wildlife Service (FWS) and the National Marine 
Fisheries Service (NMFS) are charged with implementing the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (ESA or Act); 
among the purposes of the ESA are to provide a means to conserve the 
ecosystems upon which species listed as endangered or threatened depend 
and a program for listed species conservation. 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. 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 Services 
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). The policy for this type of agreement was finalized 
on June 17, 1999 (64 FR 32726), along with implementing regulations for 
FWS in part 17 of title 50 of the Code of Federal Regulations (CFR) (64 
FR 32706). The Services finalized a revision of the CCAA policy on 
December 27, 2016 (81 FR 95164). The FWS revised the CCAA regulations 
in 2004 (69 FR 24084; May 3, 2004), to make them easier to understand 
and implement by, among other things, defining ``property owner'' and 
clarifying several points, including the transfer of permits, permit 
revocation, and advanced notification of take. On December 27, 2016 (81 
FR 95053), the FWS again revised the CCAA regulations to make the 
regulations consistent with the 2016 revisions to the policy.
    To participate in a CCAA, non-Federal property owners agree to 
implement on their land the CCAA's specific conservation measures 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 measures 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 other conservation 
measures than those agreed to, even 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.
    Under the 1999 policy, to approve a CCAA we had to ``determine that 
the benefits of the conservation measures implemented by a property 
owner under a CCAA, when combined with those benefits that would be 
achieved if it is assumed that conservation measures were also to be 
implemented on other necessary properties, would preclude or remove any 
need to list the covered species.'' This language had led some property 
owners to believe that the Services expected each individual CCAA to 
provide enough conservation benefits to the species to remove any need 
to list the species. The confusion created by the hypothetical concept 
of conservation measures that need to be implemented on ``other 
necessary properties'' lead us to revise the CCAA standard to require a 
net conservation benefit to the covered species, specifically on the 
property to be enrolled, and eliminated references to ``other necessary 
properties.'' Although the policy states that this revision does not 
increase the conservation standard (but rather makes it easier to 
understand how we determine our standard), we are aware there has been 
some concern that this change is considered by some members of the 
public to be a higher standard while others considered it to be a lower 
standard than the previous standard. 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 conservation efforts, 
thus we are soliciting public review and comment on whether to revise 
the 2016 CCAA policy (and accompanying regulation).

Request for Information

    During the comment period (see DATES), we will accept written 
comments and information on our 2016 CCAA policy (81 FR 95164; 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.

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.
    Dated: October 4, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-25267 Filed 11-21-17; 8:45 am]
 BILLING CODE 4333-15-P

55626 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices

Background they will not be required to undertake personal identifying information from
The U.S. Fish and Wildlife Service any other conservation measures than public review, we cannot guarantee that
(FWS) and the National Marine those agreed to, even if new information we will be able to do so. All comments
Fisheries Service (NMFS) are charged indicates that additional or revised and recommendations, including names
with implementing the Endangered conservation measures are needed for and addresses, will become part of the
Species Act of 1973, as amended (16 the species, and they will not be subject record for this review.
U.S.C. 1531 et seq.) (ESA or Act); among to additional resource use or land-use
restrictions. Authority
the purposes of the ESA are to provide
Under the 1999 policy, to approve a The authority for this action is the
a means to conserve the ecosystems
CCAA we had to ‘‘determine that the Endangered Species Act of 1973, as
upon which species listed as
benefits of the conservation measures amended (16 U.S.C. 1531 et seq.).
endangered or threatened depend and a
implemented by a property owner under Dated: October 4, 2017.
program for listed species conservation.
a CCAA, when combined with those Gregory J. Sheehan,
Through its Candidate Conservation
benefits that would be achieved if it is
program, one of the FWS’s goals is to Principal Deputy Director, U.S. Fish and
assumed that conservation measures Wildlife Service.
encourage the public to voluntarily
were also to be implemented on other
develop and implement conservation Dated: October 4, 2017.
necessary properties, would preclude or
agreements for declining species prior to Samuel D. Rauch III,
remove any need to list the covered
them being listed under the ESA. The Deputy Assistant Administrator for
species.’’ This language had led some
benefits of such conservation actions Regulatory Programs, National Marine
property owners to believe that the
may contribute to not needing to list a Services expected each individual
Fisheries Service.
species, to list a species as threatened CCAA to provide enough conservation [FR Doc. 2017–25267 Filed 11–21–17; 8:45 am]
instead of endangered, or to accelerate benefits to the species to remove any BILLING CODE 4333–15–P
the species’ recovery if it is listed. The need to list the species. The confusion
Services put in place a voluntary created by the hypothetical concept of
conservation program to provide conservation measures that need to be DEPARTMENT OF THE INTERIOR
incentives for non-Federal property implemented on ‘‘other necessary
owners to develop and implement Geological Survey
properties’’ lead us to revise the CCAA
conservation agreements for unlisted standard to require a net conservation [GX14EB00A181100; OMB Control Number
species: Candidate Conservation benefit to the covered species, 1028–0101]
Agreements with Assurances (CCAAs). specifically on the property to be
The policy for this type of agreement enrolled, and eliminated references to Agency Information Collection
was finalized on June 17, 1999 (64 FR ‘‘other necessary properties.’’ Although Activities: The William T. Pecora
32726), along with implementing the policy states that this revision does Award; Application and Nomination
regulations for FWS in part 17 of title 50 not increase the conservation standard Process
of the Code of Federal Regulations (CFR) (but rather makes it easier to understand AGENCY: U.S. Geological Survey (USGS),
(64 FR 32706). The Services finalized a how we determine our standard), we are Interior.
revision of the CCAA policy on aware there has been some concern that ACTION: Notice.
December 27, 2016 (81 FR 95164). The this change is considered by some
FWS revised the CCAA regulations in members of the public to be a higher SUMMARY: In accordance with the
2004 (69 FR 24084; May 3, 2004), to standard while others considered it to Paperwork Reduction Act of 1995, the
make them easier to understand and be a lower standard than the previous USGS is proposing to renew an
implement by, among other things, standard. The Services are committed to information collection (IC).
defining ‘‘property owner’’ and strengthening the delivery of our DATES: Interested persons are invited to
clarifying several points, including the voluntary conservation tools, such as submit comments on or before January
transfer of permits, permit revocation, CCAAs, by making it easier to work 22, 2018.
and advanced notification of take. On with us on conservation efforts, thus we ADDRESSES: You may submit comments
December 27, 2016 (81 FR 95053), the are soliciting public review and on this information collection to the
FWS again revised the CCAA comment on whether to revise the 2016 Information Collection Clearance
regulations to make the regulations CCAA policy (and accompanying Officer, U.S. Geological Survey, 12201
consistent with the 2016 revisions to the regulation). Sunrise Valley Drive MS 159, Reston,
policy.
To participate in a CCAA, non- Request for Information VA 20192 (mail); or gs-help_
Federal property owners agree to infocollections@usgs.gov (email). Please
During the comment period (see
implement on their land the CCAA’s reference ‘‘Information Collection 1028–
DATES), we will accept written
specific conservation measures that 0101, Pecora Award’’ in all
comments and information on our 2016
reduce or eliminate threats to the CCAA policy (81 FR 95164; December correspondence.
species that are covered under the 27, 2016). You may submit your FOR FURTHER INFORMATION CONTACT:
agreement. An ESA section 10(a)(1)(A) comments and materials by one of the Thomas Holm, USGS, EROS Center,
enhancement-of-survival permit is methods listed in ADDRESSES. Before 47914 252nd Street, Sioux Falls, SD
57198 (mail), by telephone (605)–594–
asabaliauskas on DSKBBXCHB2PROD with NOTICES

issued to the agreement participant including your address, phone number,
providing a specific level of incidental email address, or other personal 6127, or holm@usgs.gov (email).
take coverage should the property identifying information in your SUPPLEMENTARY INFORMATION: We, the
owner’s agreed-upon conservation comment, you should be aware that USGS, in accordance with the
measures and routine property- your entire comment—including your Paperwork Reduction Act of 1995,
management actions (e.g., agricultural, personal identifying information—will provide the general public and other
ranching, or forestry activities) result in be posted on http:// Federal agencies with an opportunity to
take of the covered species, if it is listed. www.regulations.gov. While you can ask comment on proposed, revised, and
Property owners receive assurances that us in your comment to withhold your continuing collections of information.

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Document Created: 2017-11-22 00:48:32
Document Modified: 2017-11-22 00:48:32

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		Policy 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, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (telephone 703-358-2171); or Angela Somma, Chief, Endangered Species Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East- West Highway, Silver Spring, MD 20910 (telephone 301-427-8403, facsimile 301-713-0376). Persons who use a telecommunications device for the deaf may call the Federal Relay Service at 800-877-8339.
FR Citation		82 FR 55625

82 FR 55625 - Candidate Conservation Agreements With Assurances Policy

DEPARTMENT OF THE INTERIORFish and Wildlife ServiceDEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration