SUPPLEMENTARY INFORMATION:

Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations prohibit the “take” of animal species listed as endangered or threatened. Take is defined under the ESA as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed animal species, or to attempt to engage in such conduct” (16 U.S.C. 1538). However, under section 10(a) of the ESA, we may issue permits to authorize incidental take/the enhancement of survival of listed/candidate species. “Incidental take” is defined by the ESA as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing such take of endangered and threatened/candidate species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.

Background

Circuit Engineering District #4 has applied to the U.S. Fish and Wildlife Service (Service) for an ITP under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested ITP, which would be in effect for a period of 3 years, if granted, would authorize incidental take of the American burying beetle. The proposed incidental take would result from activities associated with otherwise lawful activities, including building a new bridge and off-set road alignment of the road across Leader Creek.

We have determined the proposed action qualifies as a low-effect habitat conservation plan (HCP) and is categorically excluded from the NEPA process. The proposed incidental take would occur along 1.88 acres (ac) where County Road NS-374 crosses Leader Creek near the town of Atwood in Hughes County, Oklahoma, as a result of activities associated with the applicant's construction activities. Such actions may require disturbance within potential American burying beetle habitat. Circuit Engineering District #4 has proposed to mitigate the impacts to 0.75 ac of suitable American burying beetle habitat, including 0.5 ac of permanent cover change impacts and 0.25 ac of permanent change. These habitat acres will be mitigated in perpetuity according to Service approved mitigation ratios through purchasing credits at an approved conservation bank. Avoidance and minimization measures to reduce impacts to the American burying beetle include reducing motor vehicle, machinery, and heavy equipment use areas, reducing soil erosion, increasing soil stability, providing education to on-site personnel, limiting the use of artificial lighting, and preventing invasive species establishment.

Next Steps

We will evaluate the HCP and comments we receive to determine whether the ITP application meets the requirements of section 10(a) of the ESA (16 U.S.C. 1531 et seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) permit would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether to issue an ITP. If all necessary requirements are met, we will issue the ITP to the applicant.

Public Availability of Comments

Written comments 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 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 request in your comment that ( printed page 53018) we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety.

Authority

We provide this notice under the authority of section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C 4371 et seq.) and its implementing regulations (40 CFR 1506.6).