Draft Environmental Assessment and Draft Habitat Conservation Plan for the Fender's Blue Butterfly on Private Lands in Yamhill County, Oregon, 9477-9479 [2015-03572]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices
Next Steps
After completion of the EA based on
consideration of public comments, we
will determine whether adoption of the
proposed CCAA warrants a finding of
no significant impact or whether an
environmental impact statement should
be prepared. We will evaluate the
proposed CCAA as well as any
comments we receive, to determine
whether implementation of the
proposed CCAA would meet the
requirements for issuance of an EOS
permit under section 10(a)(1)(A) of the
ESA. We will also evaluate whether the
proposed permit action would comply
with section 7 of the ESA by conducting
an intra-Service section 7 consultation.
We will consider the results of this
consultation, in combination with the
above findings, in our final analysis to
determine whether or not to issue an
EOS permit to the DSL. We will not
make our final decision until after the
end of the 30-day public comment
period, and we will fully consider all
comments we receive during the public
comment period.
Authority
We provide this notice in accordance
with the requirements of section 10 of
the ESA (16 U.S.C. 1531 et seq.), and
NEPA (42 U.S.C. 4321 et seq.) and their
implementing regulations (50 CFR 17.22
and 40 CFR 1506.6, respectively).
Dated: February 10, 2015.
Richard Hannan,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2015–03565 Filed 2–20–15; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2015–N001;
FXES11120100000F2–156–FF01E00000]
Draft Environmental Assessment and
Draft Habitat Conservation Plan for the
Fender’s Blue Butterfly on Private
Lands in Yamhill County, Oregon
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment.
Rmajette on DSK2VPTVN1PROD with NOTICES
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from the Yamhill Soil
and Water Conservation District (SWCD)
for an incidental take permit (permit)
under the Endangered Species Act of
1973, as amended (ESA). The permit
application includes a draft Habitat
SUMMARY:
VerDate Sep<11>2014
14:19 Feb 20, 2015
Jkt 235001
Conservation Plan (HCP) addressing
private land management activities
within upland prairie in Yamhill
County, Oregon, that may result in the
incidental take of the federally
endangered Fender’s blue butterfly. The
Service also announces the availability
of a draft environmental assessment
(EA) addressing the proposed HCP and
issuance of a permit that was prepared
in accordance with the National
Environmental Policy Act of 1969, as
amended (NEPA). We invite comments
from all interested parties on the permit
application, including the HCP and the
EA.
DATES: Written comments on the HCP
and the EA must be received from
interested parties no later than March
25, 2015.
ADDRESSES: To request further
information or submit written
comments, please use one of the
following methods, and note that your
information request or comments are in
reference to the Yamhill SWCD HCP.
• Internet: Documents may be viewed
on the Internet at https://www.fws.gov/
oregonfwo/ToolsForLandowners/
HabitatConservationPlans/.
• Email: OFWOcomment@fws.gov.
Include ‘‘Yamhill SWCD HCP’’ in the
subject line of the message or
comments.
• U.S. Mail: State Supervisor, U.S.
Fish and Wildlife Service, 2600 SE 98th
Ave., Suite 100, Portland, OR 97266.
• Fax: 503–231–6195, Attn: Yamhill
SWCD HCP.
• In-Person Viewing or Pickup:
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the U.S. Fish and Wildlife
Service, 2600 SE 98th Ave., Suite 100,
Portland, OR 97266.
FOR FURTHER INFORMATION CONTACT:
Richard Szlemp, U.S. Fish and Wildlife
Service (see ADDRESSES), telephone:
503–231–6179; facsimile: 503–231–
6195. If you use a telecommunications
device for the deaf, please call the
Federal Information Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the ESA (16 U.S.C. 1531
et seq.) prohibits the take of fish and
wildlife species listed as endangered or
threatened under section 4 of the ESA.
Under the ESA, the term ‘‘take’’ means
to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct (16 U.S.C. 1532(19)). The term
‘‘harm,’’ as defined in our regulations,
includes significant habitat modification
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
9477
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). The term
‘‘harass’’ is defined in our regulations as
to carry out actions that create the
likelihood of injury to listed species 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).
Under specified circumstances, the
Service may issue permits that authorize
take of federally listed species, provided
the take 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 prepare a
conservation plan that, to the maximum
extent practicable, identifies the steps
the applicant will take to minimize and
mitigate the impact of such taking;
(3) The applicant will ensure that
adequate funding for the plan 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 plan.
Proposed Action
The Service proposes to approve the
HCP and to issue a permit, both with a
term of 50 years, to the SWCD for
incidental take of the federally
endangered Fender’s blue butterfly
(Icaricia icarioides fenderi) caused by
covered activities, if permit issuance
criteria are met. The permit would allow
the SWCD to issue certificates of
inclusion to private landowners wanting
coverage under the HCP for incidental
take of the Fender’s blue butterfly.
Private landowners who wish to be
covered under the permit may apply for
a certificate of inclusion to the permit
after signing a cooperative agreement
with the SWCD. This will allow
landowners within identified butterfly
habitat in Yamhill County to continue to
perform otherwise lawful activities that
have the potential to impact the
Fender’s blue butterfly. To compensate
for take impacts, the SWCD will work
E:\FR\FM\23FEN1.SGM
23FEN1
Rmajette on DSK2VPTVN1PROD with NOTICES
9478
Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices
with participating landowners to
minimize and mitigate their impacts.
The area to be addressed in the HCP
(i.e., the covered lands) consists of
privately-owned lands in Yamhill
County, Oregon, totaling approximately
7,831 acres. The covered lands are
primarily rural lands supporting a
variety of agricultural activities, some of
which have the potential to affect
Fender’s blue butterflies. Activities
proposed for coverage (covered
activities) under the HCP include forage
production, livestock grazing, vineyard
establishment, timber establishment,
voluntary habitat restoration, and
mitigation and monitoring. Potential
impacts caused by covered activities are
anticipated to occur within upland
prairie habitat in areas that are within
the butterfly flight distance (1.2 miles)
of known Fender’s blue butterfly
populations.
Under the HCP, the impacts of ‘‘take’’
of the Fender’s blue butterfly are being
measured by the quantity of the
butterfly’s host plant, Kincaid’s lupine
(Lupinus sulphureus ssp. kincaidii), and
nectar resources that are adversely
affected. Kincaid’s lupine is federallylisted as a threatened species, but there
are no take prohibitions for plants on
non-Federal lands under the ESA. These
impacts are projected based on the
acreage of butterfly habitat where the
covered activities occur, and the average
abundance of Kincaid’s lupine and
nectar plants in those affected areas.
Under the HCP, the total take impact on
covered lands is estimated at 0.91 acres
over the 50-year permit term.
The HCP includes measures to
conserve butterfly habitat, and to avoid
and minimize incidental take of the
Fender’s blue butterfly. Under the HCP,
the conservation measures include:
(1) Working with individual
landowners and providing technical
assistance on means to avoid adverse
impacts to the butterfly and its habitat
and to implement best management
practices for the identified covered
activities;
(2) Implementing mitigation measures
when impacts to the Fender’s blue
butterfly and its habitats are
unavoidable. Mitigation may be
completed by protection of existing
butterfly-occupied habitat, habitat
enhancement and management that
increases the quantity of resources for
Fender’s blue butterflies beyond preexisting levels, or a combination of
protection and enhancement. Mitigation
ratios will be calculated using a product
of a site quality multiplier and a base
mitigation ratio. The site quality
modifier ranges from 0.8 to 1.2, and the
base mitigation ratios vary from 1 to 1,
VerDate Sep<11>2014
14:19 Feb 20, 2015
Jkt 235001
to 5 to 1. The HCP assumes an overall
average mitigation ratio of 2 to 1 to be
applied.
National Environmental Policy Act
Compliance
The development of the draft HCP
and the proposed issuance of the permit
under this plan is a Federal action that
triggers the need for compliance with
NEPA (42 U.S.C. 4321 et seq.). We have
prepared a draft EA to analyze the
environmental impacts of three
alternatives related to the issuance of a
permit and implementation of the
conservation program under the
proposed HCP. The three alternatives
include the proposed action, a no-action
alternative, and an individual permit
alternative to the issuance of certificates
of inclusion under the HCP.
The ‘‘Proposed Action’’ alternative is
the issuance of a permit to the SWCD
and implementation of the HCP.
Under the ‘‘No-action’’ alternative, the
proposed HCP would not be
implemented and no permit would be
issued to the SWCD to provide
landowners coverage for incidental take
of Fender’s blue butterfly resulting from
covered activities. The no-action
alternative would not give landowners
regulatory certainty, and actions that
could result in take of Fender’s blue
butterfly would be prohibited under
section 9 of the ESA.
Under the individual permit
alternative, each landowner who may
impact the Fender’s blue butterfly and
its habitat would complete their own
HCP, obtain their own permit, and
conduct and pay for their own
mitigation, which could delay
implementation of a covered activity
anywhere from one to three years. The
SWCD would also be required to obtain
take coverage for any habitat restoration,
enhancement, and management
activities that are likely to impact and
cause take of the Fender’s blue butterfly.
Public Comments
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. We request
data, comments, new information, or
suggestions from the public, other
concerned governmental agencies, the
scientific community, Tribes, industry,
or any other interested party on our
proposed Federal action. We
particularly seek comments on the
following: (1) Biological data or other
information regarding the Fender’s blue
butterfly and Kincaid’s lupine; (2)
additional information concerning the
range, distribution, population size, and
population trends of the butterfly and
the lupine; (3) current or planned
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
activities in the subject area and their
possible impacts on these species; (4)
the presence of archeological sites,
buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns,
which are required to be considered in
Federal project planning by the National
Historic Preservation Act; (5)
identification of any other
environmental issues that should be
considered with regard to the permit
action; and (6) information regarding the
adequacy of the HCP pursuant to the
requirements for permits at 50 CFR parts
13 and 17.
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. Comments and materials we
receive, as well as supporting
documentation we use in preparing the
EA, will be available for public
inspection by appointment, during
normal business hours, at our Oregon
Fish and Wildlife Office (see
ADDRESSES).
Next Steps
After completion of the EA based on
consideration of public comments, we
will determine whether our proposed
approval of the HCP warrants a finding
of no significant impact or whether an
environmental impact statement should
be prepared pursuant to NEPA. We will
evaluate the HCP, as well as any
comments we receive, to determine
whether implementation of the HCP
would meet the criteria for issuance of
a permit under section 10(a)(1)(B) of the
ESA. We will also evaluate whether the
proposed permit action would comply
with section 7 of the ESA by conducting
an intra-Service section 7 consultation.
We will consider the results of this
consultation, in combination with the
above findings, in our final analysis to
determine whether or not to issue a
permit to the SWCD. We will not make
the final NEPA and permit decisions
until after the end of the 30-day public
comment period on this notice, and we
will fully consider all comments we
receive during the public comment
period.
E:\FR\FM\23FEN1.SGM
23FEN1
Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices
If we determine that the permit
issuance requirements are met, the
Service will issue a permit to the SWCD.
The SWCD would then begin processing
requests from landowners interested in
certificates on inclusion under the HCP
in order to receive coverage for the
incidental take of the Fender’s blue
butterfly under the permit issued to
SWCD.
Authority
We provide this notice in accordance
with the requirements of section 10 of
the ESA (16 U.S.C. 1531 et seq.), and
NEPA (42 U.S.C. 4321 et seq.) and their
implementing regulations (50 CFR 17.22
and 40 CFR 1506.6, respectively).
Dated: January 9, 2015.
Richard Hannan,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2015–03572 Filed 2–20–15; 8:45 am]
BILLING CODE 4310–55–P
Kenneth Shaffer,
Deputy Executive Director, Federal
Geographic Data Committee.
DEPARTMENT OF THE INTERIOR
Geological Survey
[FR Doc. 2015–03592 Filed 2–20–15; 8:45 am]
[GX15EE000101100]
U.S. Geological Survey,
The National Geospatial
Advisory Committee (NGAC) will meet
on March 17–18, 2015 at the South
Interior Building Auditorium, 1951
Constitution Avenue NW, Washington,
DC 20240. The meeting will be held in
the first floor Auditorium. The NGAC,
which is composed of representatives
from governmental, private sector, nonprofit, and academic organizations, was
established to advise the Federal
Geographic Data Committee (FGDC) on
management of Federal geospatial
programs, the development of the
National Spatial Data Infrastructure
(NSDI), and the implementation of
Office of Management and Budget
(OMB) Circular A–16. Topics to be
addressed at the meeting include:
• Leadership Dialogue
• FGDC Report (NSDI Strategic Plan
Implementation, National Geospatial
Data Asset Management Plan,
Geospatial Platform)
• Crowd-Sourced Geospatial Data
• Geospatial Privacy
• 3D Elevation Program
• Landsat
• Subcommittee Activities
The meeting will include an
opportunity for public comment on
Rmajette on DSK2VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:19 Feb 20, 2015
Jkt 235001
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Interior.
Notice of Meeting
ACTION:
[145A2100DD.AADD001000.A0E501010.
999900]
Renewal of Agency Information
Collection for the Bureau of Indian
Education Adult Education Program
Bureau of Indian Affairs,
Interior.
ACTION: Notice of submission to OMB.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Education (BIE) is
submitting to the Office of Management
and Budget (OMB) a request for renewal
for the collection of information for the
Bureau of Indian Education Adult
Education Program. The information
collection is currently authorized by
OMB Control Number 1076–0120,
which expires February 28, 2015.
DATES: Interested persons are invited to
submit comments on or before March
25, 2015.
ADDRESSES: You may submit comments
on the information collection to the
Desk Officer for the Department of the
Interior at the Office of Management and
Budget, by facsimile to (202) 395–5806
or you may send an email to: OIRA_
Submission@omb.eop.gov. Please send a
copy of your comments to Ms. Juanita
SUMMARY:
PO 00000
Frm 00052
Fmt 4703
Mendoza, Program Analyst, Bureau of
Indian Education, U.S. Department of
the Interior, 1951 Constitution Avenue
NW., MS 312, Washington, DC 20240; or
email to: Juanita.Mendoza@bie.edu.
FOR FURTHER INFORMATION CONTACT: Ms.
Juanita Mendoza, telephone: (202) 208–
3559. You may review the information
collection request online at https://
www.reginfo.gov. Follow the
instructions to review Department of the
Interior collections under review by
OMB.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Bureau of Indian Education (BIE)
is seeking renewal of the approval for
the information collection conducted
under 25 CFR part 46 to manage
program resources and for fiscal
accountability and appropriate direct
services documentation. Approval for
this collection expires on February 28,
2015. This information includes an
annual report form. No changes are
being made to the approved burden
hours and forms for this information
collection.
II. Request for Comments
BILLING CODE 4311–AM–P
Announcement of National Geospatial
Advisory Committee Meeting
AGENCY:
March 18. Comments may also be
submitted to the NGAC in writing.
Members of the public who wish to
attend the meeting must register in
advance. Please register by contacting
Lucia Foulkes at the U.S. Geological
Survey (703–648–4142, lfoulkes@
usgs.gov). Registrations are due by
March 13, 2015. While the meeting will
be open to the public, registration is
required for entrance to the South
Interior Building, and seating may be
limited due to room capacity.
DATES: The meeting will be held from
8:30 a.m. to 5:30 p.m. on March 17 and
from 8:30 a.m. to 4:00 p.m. on March 18.
FOR FURTHER INFORMATION CONTACT: John
Mahoney, U.S. Geological Survey (206–
220–4621).
SUPPLEMENTARY INFORMATION: Meetings
of the National Geospatial Advisory
Committee are open to the public.
Additional information about the NGAC
and the meeting is available at
www.fgdc.gov/ngac.
9479
Sfmt 4703
On December 9, 2014, the BIE
published a notice announcing the
renewal of this information collection
and provided a 60-day comment period
in the Federal Register (79 FR 73100).
There were no comments received in
response to this notice.
The BIE requests your comments on
this collection concerning: (a) The
necessity of this information collection
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) The accuracy of the
agency’s estimate of the burden (hours
and cost) of the collection of
information, including the validity of
the methodology and assumptions used;
(c) Ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) Ways we could
minimize the burden of the collection of
the information on the respondents.
Please note that an agency may not
conduct or sponsor, and an individual
need not respond to, a collection of
information unless it displays a valid
OMB Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section.
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
E:\FR\FM\23FEN1.SGM
23FEN1
]]>Agencies
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Pages 9477-9479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03572]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2015-N001; FXES11120100000F2-156-FF01E00000]
Draft Environmental Assessment and Draft Habitat Conservation
Plan for the Fender's Blue Butterfly on Private Lands in Yamhill
County, Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the Yamhill Soil and Water Conservation
District (SWCD) for an incidental take permit (permit) under the
Endangered Species Act of 1973, as amended (ESA). The permit
application includes a draft Habitat Conservation Plan (HCP) addressing
private land management activities within upland prairie in Yamhill
County, Oregon, that may result in the incidental take of the federally
endangered Fender's blue butterfly. The Service also announces the
availability of a draft environmental assessment (EA) addressing the
proposed HCP and issuance of a permit that was prepared in accordance
with the National Environmental Policy Act of 1969, as amended (NEPA).
We invite comments from all interested parties on the permit
application, including the HCP and the EA.
DATES: Written comments on the HCP and the EA must be received from
interested parties no later than March 25, 2015.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods, and note that your information
request or comments are in reference to the Yamhill SWCD HCP.
Internet: Documents may be viewed on the Internet at
https://www.fws.gov/oregonfwo/ToolsForLandowners/HabitatConservationPlans/.
Email: OFWOcomment@fws.gov. Include ``Yamhill SWCD HCP''
in the subject line of the message or comments.
U.S. Mail: State Supervisor, U.S. Fish and Wildlife
Service, 2600 SE 98th Ave., Suite 100, Portland, OR 97266.
Fax: 503-231-6195, Attn: Yamhill SWCD HCP.
In-Person Viewing or Pickup: Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the U.S. Fish and Wildlife Service,
2600 SE 98th Ave., Suite 100, Portland, OR 97266.
FOR FURTHER INFORMATION CONTACT: Richard Szlemp, U.S. Fish and Wildlife
Service (see ADDRESSES), telephone: 503-231-6179; facsimile: 503-231-
6195. If you use a telecommunications device for the deaf, please call
the Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the ESA (16 U.S.C. 1531 et seq.) prohibits the take of
fish and wildlife species listed as endangered or threatened under
section 4 of the ESA. Under the ESA, the term ``take'' means to harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or
to attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term
``harm,'' as defined in our regulations, includes 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). The term
``harass'' is defined in our regulations as to carry out actions that
create the likelihood of injury to listed species 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).
Under specified circumstances, the Service may issue permits that
authorize take of federally listed species, provided the take 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 prepare a conservation plan that, to the
maximum extent practicable, identifies the steps the applicant will
take to minimize and mitigate the impact of such taking;
(3) The applicant will ensure that adequate funding for the plan
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 plan.
Proposed Action
The Service proposes to approve the HCP and to issue a permit, both
with a term of 50 years, to the SWCD for incidental take of the
federally endangered Fender's blue butterfly (Icaricia icarioides
fenderi) caused by covered activities, if permit issuance criteria are
met. The permit would allow the SWCD to issue certificates of inclusion
to private landowners wanting coverage under the HCP for incidental
take of the Fender's blue butterfly. Private landowners who wish to be
covered under the permit may apply for a certificate of inclusion to
the permit after signing a cooperative agreement with the SWCD. This
will allow landowners within identified butterfly habitat in Yamhill
County to continue to perform otherwise lawful activities that have the
potential to impact the Fender's blue butterfly. To compensate for take
impacts, the SWCD will work
[[Page 9478]]
with participating landowners to minimize and mitigate their impacts.
The area to be addressed in the HCP (i.e., the covered lands)
consists of privately-owned lands in Yamhill County, Oregon, totaling
approximately 7,831 acres. The covered lands are primarily rural lands
supporting a variety of agricultural activities, some of which have the
potential to affect Fender's blue butterflies. Activities proposed for
coverage (covered activities) under the HCP include forage production,
livestock grazing, vineyard establishment, timber establishment,
voluntary habitat restoration, and mitigation and monitoring. Potential
impacts caused by covered activities are anticipated to occur within
upland prairie habitat in areas that are within the butterfly flight
distance (1.2 miles) of known Fender's blue butterfly populations.
Under the HCP, the impacts of ``take'' of the Fender's blue
butterfly are being measured by the quantity of the butterfly's host
plant, Kincaid's lupine (Lupinus sulphureus ssp. kincaidii), and nectar
resources that are adversely affected. Kincaid's lupine is federally-
listed as a threatened species, but there are no take prohibitions for
plants on non-Federal lands under the ESA. These impacts are projected
based on the acreage of butterfly habitat where the covered activities
occur, and the average abundance of Kincaid's lupine and nectar plants
in those affected areas. Under the HCP, the total take impact on
covered lands is estimated at 0.91 acres over the 50-year permit term.
The HCP includes measures to conserve butterfly habitat, and to
avoid and minimize incidental take of the Fender's blue butterfly.
Under the HCP, the conservation measures include:
(1) Working with individual landowners and providing technical
assistance on means to avoid adverse impacts to the butterfly and its
habitat and to implement best management practices for the identified
covered activities;
(2) Implementing mitigation measures when impacts to the Fender's
blue butterfly and its habitats are unavoidable. Mitigation may be
completed by protection of existing butterfly-occupied habitat, habitat
enhancement and management that increases the quantity of resources for
Fender's blue butterflies beyond pre-existing levels, or a combination
of protection and enhancement. Mitigation ratios will be calculated
using a product of a site quality multiplier and a base mitigation
ratio. The site quality modifier ranges from 0.8 to 1.2, and the base
mitigation ratios vary from 1 to 1, to 5 to 1. The HCP assumes an
overall average mitigation ratio of 2 to 1 to be applied.
National Environmental Policy Act Compliance
The development of the draft HCP and the proposed issuance of the
permit under this plan is a Federal action that triggers the need for
compliance with NEPA (42 U.S.C. 4321 et seq.). We have prepared a draft
EA to analyze the environmental impacts of three alternatives related
to the issuance of a permit and implementation of the conservation
program under the proposed HCP. The three alternatives include the
proposed action, a no-action alternative, and an individual permit
alternative to the issuance of certificates of inclusion under the HCP.
The ``Proposed Action'' alternative is the issuance of a permit to
the SWCD and implementation of the HCP.
Under the ``No-action'' alternative, the proposed HCP would not be
implemented and no permit would be issued to the SWCD to provide
landowners coverage for incidental take of Fender's blue butterfly
resulting from covered activities. The no-action alternative would not
give landowners regulatory certainty, and actions that could result in
take of Fender's blue butterfly would be prohibited under section 9 of
the ESA.
Under the individual permit alternative, each landowner who may
impact the Fender's blue butterfly and its habitat would complete their
own HCP, obtain their own permit, and conduct and pay for their own
mitigation, which could delay implementation of a covered activity
anywhere from one to three years. The SWCD would also be required to
obtain take coverage for any habitat restoration, enhancement, and
management activities that are likely to impact and cause take of the
Fender's blue butterfly.
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We request data, comments, new
information, or suggestions from the public, other concerned
governmental agencies, the scientific community, Tribes, industry, or
any other interested party on our proposed Federal action. We
particularly seek comments on the following: (1) Biological data or
other information regarding the Fender's blue butterfly and Kincaid's
lupine; (2) additional information concerning the range, distribution,
population size, and population trends of the butterfly and the lupine;
(3) current or planned activities in the subject area and their
possible impacts on these species; (4) the presence of archeological
sites, buildings and structures, historic events, sacred and
traditional areas, and other historic preservation concerns, which are
required to be considered in Federal project planning by the National
Historic Preservation Act; (5) identification of any other
environmental issues that should be considered with regard to the
permit action; and (6) information regarding the adequacy of the HCP
pursuant to the requirements for permits at 50 CFR parts 13 and 17.
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. Comments and materials we
receive, as well as supporting documentation we use in preparing the
EA, will be available for public inspection by appointment, during
normal business hours, at our Oregon Fish and Wildlife Office (see
ADDRESSES).
Next Steps
After completion of the EA based on consideration of public
comments, we will determine whether our proposed approval of the HCP
warrants a finding of no significant impact or whether an environmental
impact statement should be prepared pursuant to NEPA. We will evaluate
the HCP, as well as any comments we receive, to determine whether
implementation of the HCP would meet the criteria for issuance of a
permit under section 10(a)(1)(B) of the ESA. We will also evaluate
whether the proposed permit action would comply with section 7 of the
ESA by conducting an intra-Service section 7 consultation. We will
consider the results of this consultation, in combination with the
above findings, in our final analysis to determine whether or not to
issue a permit to the SWCD. We will not make the final NEPA and permit
decisions until after the end of the 30-day public comment period on
this notice, and we will fully consider all comments we receive during
the public comment period.
[[Page 9479]]
If we determine that the permit issuance requirements are met, the
Service will issue a permit to the SWCD. The SWCD would then begin
processing requests from landowners interested in certificates on
inclusion under the HCP in order to receive coverage for the incidental
take of the Fender's blue butterfly under the permit issued to SWCD.
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA (16 U.S.C. 1531 et seq.), and NEPA (42 U.S.C.
4321 et seq.) and their implementing regulations (50 CFR 17.22 and 40
CFR 1506.6, respectively).
Dated: January 9, 2015.
Richard Hannan,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service, Portland, Oregon.
[FR Doc. 2015-03572 Filed 2-20-15; 8:45 am]
BILLING CODE 4310-55-P
