83 FR 533 - Proposed Graysmarsh Safe Harbor Agreement for the Taylor's Checkerspot Butterfly, Clallam County, Washington
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 3 (January 4, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 3 (January 4, 2018)
| Page Range | 533-535 | |
| FR Document | 2017-28490 |
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)] [Notices] [Pages 533-535] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28490] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2017-N161; FXES11140100000-189-FF01E00000] Proposed Graysmarsh Safe Harbor Agreement for the Taylor's Checkerspot Butterfly, Clallam County, Washington AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: Graysmarsh, LLC, hereafter referred to as the applicant, has applied to the U.S. Fish and Wildlife Service (Service, us) for an enhancement of survival permit (permit) pursuant to the Endangered Species Act of 1973, as amended. The permit application includes a draft safe harbor agreement (SHA). The permit would authorize incidental take of the endangered Taylor's checkerspot butterfly. We have prepared a draft environmental action statement (EAS) for our preliminary determination that the SHA and permit decision may be eligible for categorical exclusion under the National Environmental Policy Act (NEPA). We invite the public to review and comment on the permit application, draft SHA, and the draft EAS. DATES: To ensure consideration, please send your written comments by February 5, 2018. ADDRESSES: You may view or download copies of the draft SHA, and draft EAS and obtain additional information on the internet at http://www.fws.gov/wafwo/ or obtain hard copies or a CD-ROM by calling the phone number listed below. You may submit comments or requests for more information by any of the following methods:Email: [email protected]. Include ``Graysmarsh SHA'' in the subject line of the message. U.S. Mail: Mark Ostwald, U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond Drive, Southeast, Suite 102, Lacey, WA 98503. In-Person Drop-off, Viewing, or Pickup: Call 360-753-9564 to make an appointment (necessary for viewing/pickup only) during regular business [[Page 534]] hours at Washington Fish and Wildlife Office (address above). FOR FURTHER INFORMATION CONTACT: Mark Ostwald, U.S. Fish and Wildlife Service (by mail at the address in ADDRESSES), telephone 360-753-9564. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Graysmarsh, LLC, hereafter referred to as the applicant, has applied to the U.S. Fish and Wildlife Service (Service, us) for an enhancement of survival permit (permit) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.; ESA), as amended. The permit application includes a draft safe harbor agreement (SHA), which covers 1,105 acres managed by the applicant in Clallam County, Washington. The proposed term of the permit and the SHA is 50 years. The permit would authorize incidental take of the endangered Taylor's checkerspot butterfly (Euphydryas editha taylori (TCB)) in exchange for habitat conservation actions that are expected to provide a net conservation benefit for the species. We have prepared a draft environmental action statement (EAS) for our preliminary determination that the SHA and permit decision may be eligible for categorical exclusion under the National Environmental Policy Act (43 U.S.C. 4321 et seq.; NEPA). We invite the public to review and comment on the permit application, draft SHA, and the draft EAS. Background SHAs are intended to encourage private or other non-Federal property owners to implement beneficial conservation actions for species listed under the ESA. SHA permit holders are assured that they will not be subject to increased property use restrictions as a result of their proactive actions to benefit listed species. Incidental take of listed species is authorized under a SHA permit pursuant to the provisions of section 10(a)(1)(A) of the ESA. For an applicant to receive a permit through an SHA, the applicant must submit an application form that includes the following: (1) The common and scientific names of the listed species for which the applicant requests incidental take authorization; (2) A description of how incidental take of the listed species pursuant to the SHA is likely to occur, both as a result of management activities and as a result of the return to baseline; and (3) A description of how the SHA complies with the requirements of the Service's Safe Harbor policy. For the Service to issue a permit, we must determine that: (1) The take of listed species will be incidental to an otherwise lawful activity and will be in accordance with the terms of the SHA; (2) The implementation of the terms of the SHA is reasonably expected to provide a net conservation benefit to the covered species by contributing to its recovery, and the SHA otherwise complies with the Service's Safe Harbor Policy (64 FR 32717, June 17, 1999); (3) The probable direct and indirect effects of any authorized take will not appreciably reduce the likelihood of survival and recovery in the wild of any listed species; (4) Implementation of the terms of the SHA is consistent with applicable Federal, state, and tribal laws and regulations; (5) Implementation of the terms of the SHA will not be in conflict with any ongoing conservation or recovery programs for listed species covered by the permit; and (6) The applicant has shown capability for and commitment to implementing all of the terms of the SHA. The Service's Safe Harbor Policy (64 FR 32717) and the Safe Harbor Regulations (68 FR 53320, 69 FR 24084) provide important terms and concepts for developing SHAs. The Service's Safe Harbor policy and regulations are available at the following website: http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html. Proposed Action The applicant has submitted a draft SHA for the TCB that covers approximately 1,105 acres of land (enrolled property) in Clallam County, Washington. The enrolled property is primarily operated as a commercial lavender and berry farm (``u-pick farm''), and a private recreational area and homestead. There are also some non-agricultural areas of mowed grasslands, marsh, and forest. The applicant worked closely with the Service to establish the baseline and develop the SHA. Habitat surveys for the TCB have shown there are 40.5 acres of TCB baseline habitat within the enrolled property. The baseline habitat contains three habitat types: Upland grass and forb occupied by the covered species (15.3 acres), and a buffer consisting of emergent marsh/wetland (18.7 acres) and beach upland (6.5 acres). For specific details about baseline conditions, see the draft SHA. Within the 40.5 acres, the applicant will perform habitat management activities for the benefit of the TCB. Within the area occupied by the TCB, the applicant will maintain and potentially enhance habitat. This will include annual hand removal of Scotch broom (Cytisus scoparius) until it is considered eradicated. Additional non- desirable vegetation may also be removed if necessary. Plantings of certain vegetation to benefit the TCB may also occur. The applicant will maintain fencing and signage to impede illegal public trespass onto baseline habitat. The applicant will conduct annual surveys of the TCB during its flight period and also monitor the status of baseline habitat relative to the metrics described in the SHA. Additional monitoring will also include observations regarding public access, describing any research and data collection, and any emerging issues that could influence the success of the SHA. The applicant will monitor and report in years 1, 3, and 5 of the SHA, and every 3 years thereafter (except for adult TCB surveys, which will be conducted annually). These activities will require the applicant to enter habitat occupied by the TCB as needed over the course of the year, but mainly during the spring flight season for the TCB. Depending on the timing, these activities could result in take of TCB larva and possibly adult butterflies, mainly as a result of inadvertent trampling. Continued removal of Scotch broom and other invasive plant species and the planting of target host plants could result in temporary disturbance of TCB habitat and also result in take if TCB is present in the affected areas. The timing and extent of these activities will occur in a manner to minimize incidental take. There is also a low potential for take of TCB to occur within other areas of the property as a result of interactions between agricultural activities and adult butterflies. Examples of the potential for incidental take include inadvertent harm during routine agricultural operations, mainly associated with annual seeding (plowing and disking) of barley, mowing lawns, moving and replacing irrigation lines, and managing and harvesting berries. National Environmental Policy Act Compliance The development of the draft SHA and the proposed issuance of an enhancement of survival permit is a Federal action that triggers the need for compliance with the NEPA (42 U.S.C. 4321 et seq.). We have prepared a draft [[Page 535]] EAS to analyze the impacts of permit issuance and implementation of the SHA on the human environment in comparison to the no-action alternative. We have made a preliminary determination that issuing the permit and implementing the SHA would have minor or negligible impacts to the environment, and thus the proposed SHA and permit actions are eligible for categorical exclusion under NEPA. The basis for our preliminary determination is contained in the EAS, which is available for public review (see ADDRESSES). Public Comments You may submit your comments and materials by one of the methods listed in the ADDRESSES section. We request data, new information, or comments from the public, other concerned governmental agencies, Tribes, the scientific community, industry, or any other interested party via this notice on our proposed Federal action. 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 personal identifying information in your comments, 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 your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All comments received from organizations, businesses, or individuals representing organizations or businesses are available for public inspection in their entirety. Comments and materials we receive will be available for public inspection by appointment, during normal business hours, at our office (see ADDRESSES). Next Step The Service will evaluate the permit application, draft SHA, and public comments submitted thereon to determine whether the permit application meets the requirements of section 10(a)(1)(A) of the ESA and NEPA regulations. The final NEPA and permit determinations will not be completed until after the end of the 30-day comment period and full consideration of all comments received during the comment period. If we determine that all requirements are met, we will issue the applicant an enhancement of survival permit under section 10(a)(1)(A) of the ESA. Authority We provide this notice pursuant to section 10(c) of the ESA (16 U.S.C. 1531 et seq.), its implementing regulations (50 CFR 17.22), and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6). Theresa E. Rabot, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service. [FR Doc. 2017-28490 Filed 1-3-18; 8:45 am] BILLING CODE 4333-15-P
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with a heading or cover note that states applicants preparing to submit ANDAs Dated: December 26, 2017.
‘‘THIS DOCUMENT CONTAINS to FDA. It highlights common, recurring Leslie Kux,
CONFIDENTIAL INFORMATION.’’ The deficiencies that may lead to a delay in Associate Commissioner for Policy.
Agency will review this copy, including the approval of an ANDA. This draft [FR Doc. 2017–28435 Filed 1–3–18; 8:45 am]
the claimed confidential information, in guidance also makes recommendations BILLING CODE 4164–01–P
its consideration of comments. The to applicants on how to avoid these
second copy, which will have the deficiencies so that applicants can
claimed confidential information submit ANDAs that may be approved in DEPARTMENT OF THE INTERIOR
redacted/blacked out, will be available the first review cycle. This draft
for public viewing and posted on guidance has been developed as part of Fish and Wildlife Service
https://www.regulations.gov. Submit FDA’s ‘‘Drug Competition Action Plan,’’
both copies to the Dockets Management which, in coordination with the Generic [FWS–R1–ES–2017–N161;
FXES11140100000–189–FF01E00000]
Staff. If you do not wish your name and Drug User Fee Amendments (GDUFA I
contact information to be made publicly and II) (Pub. L. 112–144 and Pub. L. Proposed Graysmarsh Safe Harbor
available, you can provide this 115–52, respectively) and other FDA Agreement for the Taylor’s
information on the cover sheet and not activities, is expected to increase Checkerspot Butterfly, Clallam County,
in the body of your comments and you competition in the market for Washington
must identify this information as prescription drugs, facilitate entry of
‘‘confidential.’’ Any information marked high-quality and affordable generic AGENCY: Fish and Wildlife Service,
as ‘‘confidential’’ will not be disclosed drugs, and improve public health. Interior.
except in accordance with 21 CFR 10.20 In conjunction with this draft ACTION: Notice of availability; request
and other applicable disclosure law. For guidance, FDA is issuing a Good ANDA for comments.
more information about FDA’s posting Assessment Practices Manual of Policies
of comments to public dockets, see 80 SUMMARY: Graysmarsh, LLC, hereafter
and Procedures, which establishes good
FR 56469, September 18, 2015, or access referred to as the applicant, has applied
ANDA assessment practices for the
the information at: https://www.gpo.gov/ to the U.S. Fish and Wildlife Service
Office of Generic Drugs and the Office
fdsys/pkg/FR-2015-09-18/pdf/2015- (Service, us) for an enhancement of
of Pharmaceutical Quality to increase
23389.pdf. survival permit (permit) pursuant to the
their operational efficiency and
Docket: For access to the docket to Endangered Species Act of 1973, as
effectiveness. This draft guidance and
read background documents or the amended. The permit application
the Manual of Policies and Procedures
electronic and written/paper comments includes a draft safe harbor agreement
are intended to build upon the success
received, go to https:// (SHA). The permit would authorize
of the GDUFA program and to help
www.regulations.gov and insert the incidental take of the endangered
reduce the number of review cycles for
docket number, found in brackets in the Taylor’s checkerspot butterfly. We have
an ANDA to attain approval.
heading of this document, into the prepared a draft environmental action
‘‘Search’’ box and follow the prompts This draft guidance is being issued statement (EAS) for our preliminary
and/or go to the Dockets Management consistent with FDA’s good guidance determination that the SHA and permit
Staff, 5630 Fishers Lane, Rm. 1061, practices regulation (21 CFR 10.115). decision may be eligible for categorical
Rockville, MD 20852. The draft guidance, when finalized, will exclusion under the National
You may submit comments on any represent the current thinking of FDA Environmental Policy Act (NEPA). We
guidance at any time (see 21 CFR on good ANDA submission practices. It invite the public to review and
10.115(g)(5)). does not establish any rights for any comment on the permit application,
Submit written requests for single person and is not binding on FDA or the draft SHA, and the draft EAS.
copies of the draft guidance to the public. You can use an alternative DATES: To ensure consideration, please
Division of Drug Information, Center for approach if it satisfies the requirements send your written comments by
Drug Evaluation and Research, Food of the applicable statutes and February 5, 2018.
and Drug Administration, 10001 New regulations. This draft guidance is not
ADDRESSES: You may view or download
Hampshire Ave., Hillandale Building, subject to Executive Order 12866.
copies of the draft SHA, and draft EAS
4th Floor, Silver Spring, MD 20993– II. Paperwork Reduction Act of 1995 and obtain additional information on
0002. Send one self-addressed adhesive the internet at http://www.fws.gov/
label to assist that office in processing This draft guidance refers to wafwo/ or obtain hard copies or a CD–
your requests. See the SUPPLEMENTARY previously approved collections of ROM by calling the phone number
INFORMATION section for electronic information that are subject to review by listed below. You may submit
access to the draft guidance document. the Office of Management and Budget comments or requests for more
FOR FURTHER INFORMATION CONTACT: (OMB) under the Paperwork Reduction information by any of the following
Michelle Sollenberger, Center for Drug Act of 1995 (44 U.S.C. 3501–3520). The methods:
Evaluation and Research, Food and collections of information in the draft • Email: wfwocomments@fws.gov.
Drug Administration, 10903 New guidance have been approved under Include ‘‘Graysmarsh SHA’’ in the
Hampshire Ave., Bldg. 75, Rm. 1673, OMB control numbers 0910–0001 and subject line of the message.
Silver Spring, MD 20993–0002, 240– 0910–0786. • U.S. Mail: Mark Ostwald, U.S. Fish
402–0981. III. Electronic Access and Wildlife Service, Washington Fish
ethrower on DSK3G9T082PROD with NOTICES
SUPPLEMENTARY INFORMATION: and Wildlife Office, 510 Desmond
Persons with access to the internet Drive, Southeast, Suite 102, Lacey, WA
I. Background may obtain the draft guidance at either 98503.
FDA is announcing the availability of https://www.fda.gov/Drugs/Guidance • In-Person Drop-off, Viewing, or
a draft guidance for industry entitled ComplianceRegulatoryInformation/ Pickup: Call 360–753–9564 to make an
‘‘Good ANDA Submission Practices.’’ Guidances/default.htm or https:// appointment (necessary for viewing/
This draft guidance is intended to assist www.regulations.gov. pickup only) during regular business
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![Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices 535
EAS to analyze the impacts of permit Authority (see SUPPLEMENTARY INFORMATION for
issuance and implementation of the We provide this notice pursuant to more information).
SHA on the human environment in section 10(c) of the ESA (16 U.S.C. 1531 FOR FURTHER INFORMATION CONTACT:
comparison to the no-action alternative. et seq.), its implementing regulations Joyce Russell, 703–358–2280.
We have made a preliminary (50 CFR 17.22), and NEPA (42 U.S.C. SUPPLEMENTARY INFORMATION:
determination that issuing the permit 4321 et seq.) and its implementing
and implementing the SHA would have I. Public Comment Procedures
regulations (40 CFR 1506.6).
minor or negligible impacts to the A. How do I comment on submitted
environment, and thus the proposed Theresa E. Rabot,
applications?
SHA and permit actions are eligible for Deputy Regional Director, Pacific Region, U.S.
categorical exclusion under NEPA. The Fish and Wildlife Service. You may submit your comments and
basis for our preliminary determination [FR Doc. 2017–28490 Filed 1–3–18; 8:45 am] materials by one of the methods listed
is contained in the EAS, which is BILLING CODE 4333–15–P
under Submitting Comments in the
available for public review (see ADDRESSES section. We will not
ADDRESSES). consider comments sent by email or fax,
DEPARTMENT OF THE INTERIOR or to an address not in the ADDRESSES
Public Comments section.
You may submit your comments and Fish and Wildlife Service Please make your requests or
materials by one of the methods listed comments as specific as possible,
[Docket No. FWS–HQ–IA–2017–0095;
in the ADDRESSES section. We request FXIA16710900000–178–FF09A30000]
confine your comments to issues for
data, new information, or comments which we seek comments in this notice,
from the public, other concerned Endangered Species Receipt of Permit and explain the basis for your
governmental agencies, Tribes, the Applications comments. Include sufficient
scientific community, industry, or any information with your comments to
other interested party via this notice on AGENCY: Fish and Wildlife Service, allow us to authenticate any scientific or
our proposed Federal action. Interior. commercial data you include.
ACTION: Notice of receipt of permit The comments and recommendations
Public Availability of Comments applications. that will be most useful and likely to
All comments and materials we influence agency decisions are: (1)
receive become part of the public record SUMMARY: We, the U.S. Fish and Those supported by quantitative
associated with this action. Before Wildlife Service, invite the public to information or studies; and (2) Those
including your address, phone number, comment on applications to conduct that include citations to, and analyses
email address, or other personal certain activities with foreign of, the applicable laws and regulations.
identifying information in your endangered species, marine mammals, We will not consider or include in our
comments, you should be aware that or both. With some exceptions, the administrative record comments we
your entire comment—including your Endangered Species Act (ESA) prohibit receive after the close of the comment
personal identifying information—may activities with listed species unless period (see DATES or comments
be made publicly available at any time. Federal authorization is acquired that delivered to an address other than those
While you can ask us in your comment allows such activities. The ESA also listed above in ADDRESSES).
to withhold your personal identifying requires that we invite public comment
information from public review, we before issuing these permits. B. May I review comments submitted by
cannot guarantee that we will be able to DATES: We must receive comments by others?
do so. All comments received from February 5, 2018. Comments, including names and
organizations, businesses, or individuals ADDRESSES: Document availability: The street addresses of respondents, will be
representing organizations or businesses applications, as well as any comments available for public review at the street
are available for public inspection in and other materials that we receive, will address listed under ADDRESSES. The
their entirety. Comments and materials be available for public inspection online public may review documents and other
we receive will be available for public in Docket No. FWS–HQ–IA–2017–0095 information applicants have sent in
inspection by appointment, during at http://www.regulations.gov. support of the application unless our
normal business hours, at our office (see Submitting Comments: You may allowing viewing would violate the
ADDRESSES). submit comments by one of the Privacy Act or Freedom of Information
following methods: Act. Before including your address,
Next Step • Federal eRulemaking Portal: http:// phone number, email address, or other
The Service will evaluate the permit www.regulations.gov. Follow the personal identifying information in your
application, draft SHA, and public instructions for submitting comments comment, you should be aware that
comments submitted thereon to on Docket No. FWS–HQ–IA–2017–0095. your entire comment—including your
determine whether the permit • U.S. mail or hand-delivery: Public personal identifying information—may
application meets the requirements of Comments Processing, Attn: Docket No. be made publicly available at any time.
section 10(a)(1)(A) of the ESA and FWS–HQ–IA–2017–0095; U.S. Fish and While you can ask us in your comment
NEPA regulations. The final NEPA and Wildlife Service Headquarters, MS: to withhold your personal identifying
permit determinations will not be BPHC; 5275 Leesburg Pike, Falls information from public review, we
completed until after the end of the 30- Church, VA 22041–3803. cannot guarantee that we will be able to
ethrower on DSK3G9T082PROD with NOTICES
day comment period and full When submitting comments, please do so.
consideration of all comments received indicate the name of the applicant and
during the comment period. If we the PRT# at the beginning of your C. Who will see my comments?
determine that all requirements are met, comment. We will post all comments on If you submit a comment via http://
we will issue the applicant an http://www.regulations.gov. This www.regulations.gov, your entire
enhancement of survival permit under generally means that we will post any comment, including any personal
section 10(a)(1)(A) of the ESA. personal information you provide us identifying information, will be posted
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Document Created: 2018-01-04 02:01:56
Document Modified: 2018-01-04 02:01:56
| 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 by February 5, 2018. | |
| Contact | Mark Ostwald, U.S. Fish and Wildlife | |
| FR Citation | 83 FR 533 |
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