83 FR 45136 - Habitat Conservation Plan for Mitchell's Satyr and Poweshiek Skipperling Butterflies; Categorical Exclusion for Indiana and Michigan Habitat Restoration and Management Activities
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 172 (September 5, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 172 (September 5, 2018)
| Page Range | 45136-45137 | |
| FR Document | 2018-19188 |
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)] [Notices] [Pages 45136-45137] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19188] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R3-ES-2018-N062; FXES11140300000 FF03E00000] Habitat Conservation Plan for Mitchell's Satyr and Poweshiek Skipperling Butterflies; Categorical Exclusion for Indiana and Michigan Habitat Restoration and Management Activities AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have received applications from the Michigan Department of Natural Resources (MDNR) and the Indiana Department of Natural Resources (IDNR) for incidental take permits (ITP) under the Endangered Species Act. If approved, the permits would authorize the incidental take of two federally endangered butterflies, the Mitchell's satyr and the Poweshiek skipperling. The MDNR is applying for an ITP for take of the Mitchell's satyr and Poweshiek skipperling, while the IDNR is applying for an ITP for the Mitchell's satyr only. The ITP applications include one habitat conservation plan to cover activities associated with maintaining, managing, and restoring the fen habitats occupied by these species. We have made a preliminary determination that the HCP and permit applications are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). We are accepting comments on the applicants' draft HCP, and our low-effect screening form and environmental action statement. DATES: To ensure consideration, please send your written comments on or before October 5, 2018. ADDRESSES: Document Availability:Internet: You may obtain copies of the documents on the internet at https://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html. U.S. Mail: You can obtain the documents by mail from the Michigan Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). In-Person: To view hard copies of the documents in person, go to the Ecological Services Office (8 a.m. to 4 p.m.) listed under FOR FURTHER INFORMATION CONTACT. Comment submission: In your comment, please specify whether your comment addresses the draft HCP, EAS, or any combination of the aforementioned documents, or other supporting documents. You may submit written comments by one of the following methods: Electronically: Submit by email to EastLansing@fws.gov. By hard copy: Submit by U.S. mail or hand-delivery to U.S. Fish and Wildlife Service; Michigan Ecological Services Field Office, 2651 Coolidge Rd., Ste. 101, East Lansing, Michigan 48823. FOR FURTHER INFORMATION CONTACT: Carrie Tansy, Michigan Ecological Services Field Office, 2651 Coolidge Rd., Ste. 101, East Lansing, Michigan 48823; telephone (517-351-8375), 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. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service at 800-877- 8339. SUPPLEMENTARY INFORMATION: We have received applications from the Michigan Department of Natural Resources (MDNR) and the Indiana Department of Natural Resources (IDNR) for 20-year incidental take permits (ITP) under the ESA. The MDNR is applying for an ITP for take of the endangered Mitchell's satyr (Neonympha mitchellii mitchellii) and Poweshiek skipperling (Oarisma poweshiek) butterflies. The State of Indiana is applying for an ITP for the Mitchell's satyr only. The applications address the potential for ``take'' of the federally endangered butterflies that is likely to occur incidental to the implementation of habitat management activities designed to benefit the species. We are requesting comments on the proposed HCP and our preliminary determination that the plan qualifies as eligible for a categorical exclusion under the National Environmental Policy Act. Background We listed the Mitchell's satyr as endangered on June 25, 1991 (56 FR 28825), and the Poweshiek skipperling as endangered on October 24, 2014 (79 FR 63672). Section 9 of the ESA prohibits the ``taking'' of endangered species. However, provided certain criteria are met, we are authorized to issue permits under section 10(a)(1)(B) of the ESA for take of federally listed species, when, among other things, such a taking is incidental to, and not the purpose of, otherwise lawful activities. Under the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered and threatened species, or to attempt to engage in any such conduct. Our implementing regulations define ``harm'' as significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Harass, as defined, means ``an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering'' (50 CFR 17.3). However, under specified circumstances, the Service may issue permits that allow the take of federally listed species, provided that the take that occurs is incidental to, but not the purpose of, an otherwise lawful activity. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the ESA contains provisions for issuing such incidental take permits to non-Federal entities for the take of endangered and threatened species, provided the following criteria are met: (1) The taking will be incidental; (2) The applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking; (3) The applicant will develop a proposed HCP and ensure that adequate funding for the HCP will be provided; (4) The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) The applicant will carry out any other measures that the Service may require as being necessary or appropriate for the purposes of the HCP. In addition to meeting other specific criteria, actions undertaken through implementation of the Habitat Conservation Plan (HCP) must not jeopardize the continued existence of federally listed animal or plant species. Applicants' Proposal The MDNR and IDNR (hereafter, the applicants) have submitted an HCP in support of their applications for ITPs to address take of the Mitchell's satyr and Poweshiek skipperling. Covered activities include actions necessary to maintain, manage, and restore fen [[Page 45137]] habitats occupied by these two endangered butterflies. The HCP's area encompasses the counties of Berrien, Branch, Cass, Jackson, Oakland, Van Buren, and Washtenaw in Michigan and LaGrange County in Indiana. The covered activities include the following: Hydrology restoration, prescribed burning, mowing/hydro-axing, vegetation removal, biological control of invasive species, livestock grazing, seeding and planting, and butterfly surveys. The applicants have determined that actions associated with the maintenance and restoration of butterfly habitat has the potential to incidentally take the species. Both butterfly species could be injured or killed by the actions to maintain and restore their habitat. The HCP's proposed conservation strategy is designed to minimize and mitigate the impacts of covered activities on the covered species. The biological goals are to complement the needed conservation actions to restore and conserve the species' habitat in Michigan and Indiana. The proposed action consists of the issuance of ITPs and implementation of the proposed HCP. Three alternatives were considered in the HCP. The proposed alternative in the draft HCP is the issuance of ITPs to the State of Indiana and the State of Michigan to authorize take of MSB and PS on private lands and public lands. The first alternative considered, but not selected, was restricting the HCP to public agencies only. However, this would miss the opportunity to work more efficiently with non-public landowners where the species frequently occur and thus result in fewer conservations actions to benefit the species. The second alternative considered, but not selected, was for the current status quo or no action (i.e., only existing management techniques that are approved on a site-by-site, project-by-project basis under ESA section 7 consultation or 10(a)(1)(A) recovery permits). This alternative results in a lower efficiency, as each agency or organization develops and applies for individual permits or authorizations rather than being part of a coordinated effort. The quantity and quality of conservation actions is expected to be lower under the status quo than under the other alternatives considered. Under the proposed alternative, non-Federal cooperators who wish to conduct habitat management activities for the butterflies may participate through certificates of inclusion by agreeing to implement the conservation measures and other requirements of the HCP. The certificates of inclusion will be issued by each State and will convey all of the ITPs incidental take authorization. Our Preliminary Determination We are requesting comments on our preliminary determination that the applicants' proposal will have a minor or negligible effect on the endangered butterflies and that the plan qualifies as a low-effect HCP as defined by our Habitat Conservation Planning Handbook (December 2016). We base our determinations on three criteria: (1) Implementation of the proposed project as described in the HCP would result in minor or negligible effects on federally listed, proposed, and/or candidate species and their habitats; (2) implementation of the HCP would result in minor or negligible effects on other environmental values or resources; and (3) HCP impacts, considered together with those of other past, present, and reasonably foreseeable future projects, would not result in cumulatively significant effects. In our analysis of these criteria, we have made a preliminary determination that the approval of the HCP and issuance of an ITP qualify for categorical exclusion under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.), as provided by the Department of the Interior implementing regulations in part 46 of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215). However, based upon our review of public comments that we receive in response to this notice, this preliminary determination may be revised. 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 their implementing regulations. If we determine that all requirements are met, we will issue permits under section 10(a)(1)(B) of the ESA to the MDNR and IDNR. We will not make our final decision on the permit application until after the end of the public comment period, and we will fully consider all comments we receive during the comment period. Public Comments You may submit your comments and materials related to the draft HCP, DEA, or other supporting documents by one of the methods listed in ADDRESSES. We request that you send comments by only one of the methods described in ADDRESSES. Comments and materials we receive, as well as documents associated with the notice, will be available for public inspection by appointment, during normal business hours, at the Michigan Ecological Services Field Office in East Lansing, Michigan (see FOR FURTHER INFORMATION CONTACT). 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--may be made publicly available at any time. While you can ask us in you 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 the NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6; 43 CFR part 46). Dated: April 27, 2018. Lori H. Nordstrom, Assistant Regional Director, Ecological Services, Midwest Region. [FR Doc. 2018-19188 Filed 9-4-18; 8:45 am] BILLING CODE 4333-15-P
![45136 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices
Authority Ecological Services Field Office (see FOR criteria are met, we are authorized to
We provide this notice under section FURTHER INFORMATION CONTACT). issue permits under section 10(a)(1)(B)
10 of the ESA (16 U.S.C. 1531 et seq.) • In-Person: To view hard copies of of the ESA for take of federally listed
and NEPA (42 U.S.C. 4321 et seq.). the documents in person, go to the species, when, among other things, such
Ecological Services Office (8 a.m. to 4 a taking is incidental to, and not the
G. Mendel Stewart, p.m.) listed under FOR FURTHER purpose of, otherwise lawful activities.
Field Supervisor, Carlsbad Fish and Wildlife INFORMATION CONTACT. Under the ESA, the term ‘‘take’’ means
Office, Carlsbad, California. Comment submission: In your to harass, harm, pursue, hunt, shoot,
[FR Doc. 2018–19187 Filed 9–4–18; 8:45 am] comment, please specify whether your wound, kill, trap, capture, or collect
BILLING CODE 4333–15–P comment addresses the draft HCP, EAS, endangered and threatened species, or
or any combination of the to attempt to engage in any such
aforementioned documents, or other conduct. Our implementing regulations
DEPARTMENT OF THE INTERIOR supporting documents. You may submit define ‘‘harm’’ as significant habitat
written comments by one of the modification or degradation that results
Fish and Wildlife Service following methods: in death or injury to listed species by
[FWS–R3–ES–2018–N062; • Electronically: Submit by email to significantly impairing essential
FXES11140300000 FF03E00000] EastLansing@fws.gov. behavioral patterns, including breeding,
• By hard copy: Submit by U.S. mail feeding, or sheltering (50 CFR 17.3).
Habitat Conservation Plan for or hand-delivery to U.S. Fish and Harass, as defined, means ‘‘an
Mitchell’s Satyr and Poweshiek Wildlife Service; Michigan Ecological intentional or negligent act or omission
Skipperling Butterflies; Categorical Services Field Office, 2651 Coolidge which creates the likelihood of injury to
Exclusion for Indiana and Michigan Rd., Ste. 101, East Lansing, Michigan wildlife by annoying it to such an extent
Habitat Restoration and Management 48823. as to significantly disrupt normal
Activities FOR FURTHER INFORMATION CONTACT:
behavioral patterns which include, but
Carrie Tansy, Michigan Ecological are not limited to, breeding, feeding, or
AGENCY: Fish and Wildlife Service, sheltering’’ (50 CFR 17.3). However,
Interior. Services Field Office, 2651 Coolidge
Rd., Ste. 101, East Lansing, Michigan under specified circumstances, the
ACTION: Notice of availability; request Service may issue permits that allow the
for comments. 48823; telephone (517–351–8375), or by
take of federally listed species, provided
facsimile (517–351–1443). If you use a
SUMMARY: We, the U.S. Fish and that the take that occurs is incidental to,
telecommunications device for the deaf
Wildlife Service (Service), have received but not the purpose of, an otherwise
(TDD), please call the Federal
applications from the Michigan lawful activity.
Information Relay Service at 800–877– Regulations governing permits for
Department of Natural Resources 8339. If you use a telecommunications endangered and threatened species are
(MDNR) and the Indiana Department of device for the deaf (TDD), please call the at 50 CFR 17.22 and 17.32, respectively.
Natural Resources (IDNR) for incidental Federal Information Relay Service at Section 10(a)(1)(B) of the ESA contains
take permits (ITP) under the Endangered 800–877– 8339. provisions for issuing such incidental
Species Act. If approved, the permits SUPPLEMENTARY INFORMATION: We have take permits to non-Federal entities for
would authorize the incidental take of received applications from the Michigan the take of endangered and threatened
two federally endangered butterflies, the Department of Natural Resources species, provided the following criteria
Mitchell’s satyr and the Poweshiek (MDNR) and the Indiana Department of are met: (1) The taking will be
skipperling. The MDNR is applying for Natural Resources (IDNR) for 20-year incidental; (2) The applicant will, to the
an ITP for take of the Mitchell’s satyr incidental take permits (ITP) under the maximum extent practicable, minimize
and Poweshiek skipperling, while the ESA. The MDNR is applying for an ITP and mitigate the impact of such taking;
IDNR is applying for an ITP for the for take of the endangered Mitchell’s (3) The applicant will develop a
Mitchell’s satyr only. The ITP satyr (Neonympha mitchellii mitchellii) proposed HCP and ensure that adequate
applications include one habitat and Poweshiek skipperling (Oarisma funding for the HCP will be provided;
conservation plan to cover activities poweshiek) butterflies. The State of (4) The taking will not appreciably
associated with maintaining, managing, Indiana is applying for an ITP for the reduce the likelihood of the survival
and restoring the fen habitats occupied Mitchell’s satyr only. The applications and recovery of the species in the wild;
by these species. We have made a address the potential for ‘‘take’’ of the and (5) The applicant will carry out any
preliminary determination that the HCP federally endangered butterflies that is other measures that the Service may
and permit applications are eligible for likely to occur incidental to the require as being necessary or
categorical exclusion under the National implementation of habitat management appropriate for the purposes of the HCP.
Environmental Policy Act of 1969 activities designed to benefit the In addition to meeting other specific
(NEPA). We are accepting comments on species. We are requesting comments on criteria, actions undertaken through
the applicants’ draft HCP, and our low- the proposed HCP and our preliminary implementation of the Habitat
effect screening form and environmental determination that the plan qualifies as Conservation Plan (HCP) must not
action statement. eligible for a categorical exclusion under jeopardize the continued existence of
DATES: To ensure consideration, please the National Environmental Policy Act. federally listed animal or plant species.
send your written comments on or
before October 5, 2018. Background Applicants’ Proposal
daltland on DSKBBV9HB2PROD with NOTICES
ADDRESSES: Document Availability: We listed the Mitchell’s satyr as The MDNR and IDNR (hereafter, the
• Internet: You may obtain copies of endangered on June 25, 1991 (56 FR applicants) have submitted an HCP in
the documents on the internet at https:// 28825), and the Poweshiek skipperling support of their applications for ITPs to
www.fws.gov/midwest/endangered/ as endangered on October 24, 2014 (79 address take of the Mitchell’s satyr and
permits/hcp/r3hcps.html. FR 63672). Section 9 of the ESA Poweshiek skipperling. Covered
• U.S. Mail: You can obtain the prohibits the ‘‘taking’’ of endangered activities include actions necessary to
documents by mail from the Michigan species. However, provided certain maintain, manage, and restore fen
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![Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45137
habitats occupied by these two by each State and will convey all of the the notice, will be available for public
endangered butterflies. The HCP’s area ITPs incidental take authorization. inspection by appointment, during
encompasses the counties of Berrien, normal business hours, at the Michigan
Our Preliminary Determination
Branch, Cass, Jackson, Oakland, Van Ecological Services Field Office in East
Buren, and Washtenaw in Michigan and We are requesting comments on our Lansing, Michigan (see FOR FURTHER
LaGrange County in Indiana. The preliminary determination that the INFORMATION CONTACT). Before including
covered activities include the following: applicants’ proposal will have a minor your address, phone number, email
Hydrology restoration, prescribed or negligible effect on the endangered address, or other personal identifying
burning, mowing/hydro-axing, butterflies and that the plan qualifies as information in your comment, you
vegetation removal, biological control of a low-effect HCP as defined by our should be aware that your entire
invasive species, livestock grazing, Habitat Conservation Planning comment—including your personal
seeding and planting, and butterfly Handbook (December 2016). We base identifying information—may be made
surveys. The applicants have our determinations on three criteria: (1) publicly available at any time. While
determined that actions associated with Implementation of the proposed project you can ask us in you comment to
the maintenance and restoration of as described in the HCP would result in withhold your personal identifying
butterfly habitat has the potential to minor or negligible effects on federally information from public review, we
incidentally take the species. Both listed, proposed, and/or candidate cannot guarantee that we will be able to
butterfly species could be injured or species and their habitats; (2) do so.
killed by the actions to maintain and implementation of the HCP would result
in minor or negligible effects on other Authority
restore their habitat.
environmental values or resources; and We provide this notice under section
The HCP’s proposed conservation
(3) HCP impacts, considered together 10(c) of the ESA (16 U.S.C. 1531 et seq.)
strategy is designed to minimize and
with those of other past, present, and and its implementing regulations (50
mitigate the impacts of covered
reasonably foreseeable future projects, CFR 17.22) and the NEPA (42 U.S.C.
activities on the covered species. The
would not result in cumulatively 4371 et seq.) and its implementing
biological goals are to complement the
significant effects. In our analysis of regulations (40 CFR 1506.6; 43 CFR part
needed conservation actions to restore
these criteria, we have made a 46).
and conserve the species’ habitat in
preliminary determination that the
Michigan and Indiana. The proposed Dated: April 27, 2018.
approval of the HCP and issuance of an
action consists of the issuance of ITPs Lori H. Nordstrom,
ITP qualify for categorical exclusion
and implementation of the proposed Assistant Regional Director, Ecological
under the National Environmental
HCP. Three alternatives were Services, Midwest Region.
Policy Act (NEPA) (42 U.S.C. 4321 et
considered in the HCP. The proposed [FR Doc. 2018–19188 Filed 9–4–18; 8:45 am]
seq.), as provided by the Department of
alternative in the draft HCP is the
the Interior implementing regulations in BILLING CODE 4333–15–P
issuance of ITPs to the State of Indiana
part 46 of title 43 of the Code of Federal
and the State of Michigan to authorize
Regulations (43 CFR 46.205, 46.210, and
take of MSB and PS on private lands DEPARTMENT OF THE INTERIOR
46.215). However, based upon our
and public lands. The first alternative
review of public comments that we
considered, but not selected, was Bureau of Land Management
receive in response to this notice, this
restricting the HCP to public agencies
preliminary determination may be
only. However, this would miss the [18X.LLID957000.Ll4400000.BJ0000.241A.X.
revised. 4500104880]
opportunity to work more efficiently
with non-public landowners where the Next Steps
species frequently occur and thus result Filing of Plats of Survey: Idaho
We will evaluate the permit
in fewer conservations actions to benefit application, associated documents, and AGENCY: Bureau of Land Management,
the species. The second alternative comments we receive to determine Interior.
considered, but not selected, was for the whether the permit application meets ACTION: Notice.
current status quo or no action (i.e., only the requirements of the ESA, NEPA, and
existing management techniques that their implementing regulations. If we SUMMARY: The plats of survey of the
are approved on a site-by-site, project- determine that all requirements are met, following described lands are scheduled
by-project basis under ESA section 7 we will issue permits under section to be officially filed in the Bureau of
consultation or 10(a)(1)(A) recovery 10(a)(1)(B) of the ESA to the MDNR and Land Management, Idaho State Office,
permits). This alternative results in a IDNR. We will not make our final Boise, Idaho, 30 days from the date of
lower efficiency, as each agency or decision on the permit application until this publication.
organization develops and applies for after the end of the public comment
individual permits or authorizations Boise Meridian
period, and we will fully consider all
rather than being part of a coordinated comments we receive during the Idaho
effort. The quantity and quality of comment period. T. 6 S, R. 33 E,
conservation actions is expected to be Section 26, accepted August 29, 2018.
lower under the status quo than under Public Comments T. 36 N, R. 4 W,
the other alternatives considered. Under You may submit your comments and Section 26, accepted August 29, 2018.
the proposed alternative, non-Federal materials related to the draft HCP, DEA, T. 13 N, R. 42 E,
daltland on DSKBBV9HB2PROD with NOTICES
cooperators who wish to conduct or other supporting documents by one Sections 7, 8 and 9, accepted August 29,
habitat management activities for the 2018.
of the methods listed in ADDRESSES. We
butterflies may participate through request that you send comments by only ADDRESSES: A copy of the plats may be
certificates of inclusion by agreeing to one of the methods described in obtained from the Public Room at the
implement the conservation measures ADDRESSES. Bureau of Land Management, Idaho
and other requirements of the HCP. The Comments and materials we receive, State Office, 1387 S Vinnell Way, Boise,
certificates of inclusion will be issued as well as documents associated with Idaho 83709, upon required payment.
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Document Created: 2018-09-05 01:59:04
Document Modified: 2018-09-05 01:59:04
| 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 | To ensure consideration, please send your written comments on or before October 5, 2018. | |
| Contact | Carrie Tansy, Michigan Ecological Services Field Office, 2651 Coolidge Rd., Ste. 101, East Lansing, Michigan 48823; telephone (517-351-8375), 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. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service at 800-877- 8339. | |
| FR Citation | 83 FR 45136 |
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