Draft Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit for the Kamehameha Schools; Keauhou and Kilauea Forest Lands, Hawaii Island, Hawaii, 78624-78628 [2016-26919]
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
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Government work with other levels of
government to solidify the security of
government-issued identification
documents.1
The REAL ID Act of 2005 (REAL ID
Act) 2 was enacted to further the goal of
securing state-issued identification
documents to address terrorism, identity
fraud, and illegal immigration. Section
202 of the REAL ID Act prohibits
Federal agencies from accepting stateissued 3 driver’s licenses or
identification cards for specified official
purposes, unless such documents are
determined by the Secretary of
Homeland Security to meet minimum
security requirements, including the
incorporation of specified data, a
common machine-readable technology,
and certain anti-fraud security features.
The ‘‘official purposes’’ defined in the
REAL ID Act include ‘‘boarding
federally regulated commercial aircraft.’’
To implement the REAL ID Act, TSA
may accept state-issued verifying
identity documents only if they have
been issued by a state that is in
compliance with the minimum security
requirements and standards set forth in
the Act, or if the state has received an
extension from DHS. In accordance with
DHS policy, TSA will begin
implementing the REAL ID Act at
airport security screening checkpoints
on January 22, 2018. Starting on that
day, TSA will not accept state-issued
driver’s licenses and other state-issued
identification cards from states that are
not compliant with REAL ID Act
requirements unless DHS has granted
the state a temporary extension to
achieve compliance.
Concurrently with implementation of
the REAL ID Act, TSA is updating the
identity verification process for travelers
who arrive at an airport security
checkpoint without an acceptable
verifying identity document. This
process involves a traveler providing his
or her name and address and answering
questions to confirm his or her identity.
If the traveler’s identity is confirmed, he
1 Thomas H. Kean, Lee H. Hamilton, and the
National Commission on Terrorist Attacks, ‘‘The 9/
11 Commission report: Final Report of the National
Commission on Terrorist Attacks Upon the United
States (9/11 Report)’’ (Washington, DC, U.S.
Government Printing Office, Official Government
Edition, July 22, 2004), p. 384. Available at https://
www.gpo.gov/fdsys/pkg/GPO–911REPORT/contentdetail.html.
2 ‘‘Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami
Relief, 2005,’’ Public Law 109–13, Div. B—REAL ID
Act of 2005, 119 Stat. 231, 302–23 (May 11, 2005).
3 The REAL ID Act defines the term ‘‘State’’ to
mean ‘‘a State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.’’
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or she will be allowed to enter the
screening checkpoint. Travelers using
this process for identity verification may
be subject to additional security
screening. A traveler will not be
permitted to fly if his or her identity
cannot be confirmed. A traveler also
will not be permitted to fly if he or she
declines to cooperate with the identity
verification process.
To initiate the identity verification
process, a traveler without an acceptable
verifying identity document must
complete a Certification of Identity
(COI) form (TSA Form 415). The current
TSA Form 415 requests the traveler’s
name and address. After completing the
form, the traveler is connected with
TSA’s Identity Verification Call Center
(IVCC). The IVCC searches various
commercial and government databases
using the name and address on the TSA
Form 415 as key search criteria to find
other identifying information about the
traveler. The IVCC then asks the traveler
a series of questions based on
information found in the databases to
verify the individual’s identity.
To ensure that the identity
verification process described above
does not become a means for travelers
to circumvent implementation of the
REAL ID Act, TSA is updating the
process so that it is generally only
available to travelers who certify that
they—
• Reside in or have been issued a
driver’s license or state identification
card by a state that is compliant with
the REAL ID Act or a state that has been
granted an extension by DHS; or
• Have been issued another verifying
identity document that TSA accepts.
To enable travelers to make this
certification, TSA is revising Form 415.
The revised TSA Form 415 requests a
traveler’s name and address and asks for
the following additional information:
(1) Whether the traveler has been
issued a driver’s license or state
identification card.
(2) If yes, the state that issued the
document.
(3) Whether the traveler has been
issued an acceptable verifying identity
document other than a state-issued
driver’s license or identification card.
Use of Results
TSA will use the information
provided on revised TSA Form 415 to
generate questions intended to verify
the identity of a traveler who arrives at
a security-screening checkpoint without
an acceptable verifying identity
document. A failure to collect this
information would result in TSA being
unable to verify the identity of travelers
without an acceptable verifying identity
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document and these travelers being
unable to proceed through the security
checkpoint and board a commercial
aircraft.
The most likely respondents to this
proposed information request are
travelers who arrive at an airport
security checkpoint without an
acceptable verifying identity document
because they lost or forgot their driver’s
license or other state-issued
identification card. Other likely
respondents are travelers who had their
verifying identity document stolen and
travelers carrying a form of
identification that they incorrectly
believed to be acceptable. TSA estimates
that approximately 191,214 passengers
will complete the TSA Form 415
annually. TSA estimates each form will
take approximately three minutes to
complete. This collection would result
in an annual reporting burden of 9,561
hours.
Dated: November 3, 2016.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Office
of Information Technology.
[FR Doc. 2016–26958 Filed 11–7–16; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2017–N180;
FXES11140100000–178–FF01E00000]
Draft Safe Harbor Agreement and
Receipt of Application for an
Enhancement of Survival Permit for
the Kamehameha Schools; Keauhou
and Kilauea Forest Lands, Hawaii
Island, Hawaii
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from Kamehameha
Schools (KS), a private charitable
education trust, for an enhancement of
survival permit (permit) under the
Endangered Species Act of 1973, as
amended (ESA). The permit application
includes a draft Safe Harbor Agreement
(SHA) between KS, the Service, and the
Hawaii Department of Land and Natural
Resources (DLNR). Kamehameha
Schools is proposing to conduct
proactive conservation activities to
promote the survival and recovery of 32
federally endangered species and one
species currently proposed for listing
(‘‘covered species’’) across the Keauhou
SUMMARY:
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
and Kilauea Forest Lands, which
comprise 32,280 acres on the
southeastern slope of Mauna Loa,
Hawaii Island. We invite comments
from all interested parties on the permit
application, including the draft SHA
and a draft environmental action
statement (EAS) prepared pursuant to
the requirements of the National
Environmental Policy Act (NEPA).
DATES: To ensure consideration, please
send your written comments by
December 8, 2016.
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 Kamehameha Schools—
Keauhou and Kilauea Forest Lands
SHA, draft EAS, and the proposed
issuance of the Permit:
• Internet: Documents may be viewed
on the internet at https://www.fws.gov/
pacificislands/.
• Email: KamehamehaSchoolsSHA@
fws.gov. Include ‘‘Kamehameha Schools
SHA and draft EAS’’ in the subject line
of the message.
• U.S. Mail: Field Supervisor, U.S.
Fish and Wildlife Service, Pacific
Islands Fish and Wildlife Office, 300
Ala Moana Boulevard, Room 3–122,
Honolulu, HI 96850.
• Fax: 808–792–9581, Attn: Field
Supervisor. Include ‘‘Kamehameha
Schools SHA and draft EAS’’ in the
subject line of the message.
• In-Person Drop-off, 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, Pacific Islands
Fish and Wildlife Office, 300 Ala Moana
Boulevard, Room 3–122, Honolulu,
Hawaii 96850. Written comments can be
dropped off during regular business
hours at the above address on or before
the closing date of the public comment
period (see DATES).
FOR FURTHER INFORMATION CONTACT: Ms.
Michelle Bogardus (Maui Nui and
Hawaii Island Team Manager) or Ms.
Donna Ball (Hawaii Island Fish and
Wildlife Biologist), U.S. Fish and
Wildlife Service (see ADDRESSES), by
telephone at 808–792–9400. If you use
a telecommunications device for the
deaf, please call the Federal Information
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Under a SHA, participating
landowners undertake management
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activities on their property to enhance,
restore, or maintain habitat conditions
for species listed under the ESA (16
U.S.C. 1531 et seq.) to an extent that is
likely to result in a net conservation
benefit for the covered listed species. A
SHA, and the associated permit issued
to participating landowners pursuant to
section 10(a)(1)(A) of the ESA,
encourage private and other non-Federal
property owners to implement
conservation actions for federally listed
species by assuring the participating
landowners that they will not be
subjected to increased property use
restrictions as a result of their efforts to
either attract listed species to their
property, or to increase the numbers or
distribution of listed species already on
their property.
The SHA and its associated permit
allow the property owner to alter or
modify the enrolled property back to
agreed-upon pre-permit baseline
conditions at the end of the term of the
permit, even if such alteration or
modification results in the incidental
take of a listed species. The baseline
conditions must reflect the known
biological and habitat characteristics
that support existing levels of use of the
enrolled property by species covered in
the SHA. The authorization to take
listed species is contingent on the
property owner complying with
obligations in the SHA and the terms
and conditions of the permit. The SHA’s
net conservation benefits must be
sufficient to contribute, either directly
or indirectly, to the recovery of the
covered listed species. Enrolled
landowners may make lawful use of the
enrolled property during the term of the
permit and may incidentally take the
listed species named on the permit in
accordance with the terms and
conditions of the permit.
Permit application requirements and
issuance criteria for enhancement of
survival permits for SHAs are found in
the Code of Federal Regulations (CFR) at
50 CFR 17.22(c). The Service’s Safe
Harbor Policy (64 FR 32717, June 17,
1999) and the Safe Harbor Regulations
(68 FR 53320, September 10, 2003; and
69 FR 24084, May 3, 2004) are available
at https://www.fws.gov/endangered/lawspolicies/regulations-and-policies.html.
Kamehameha Schools—Keauhou and
Kilauea Forest Lands Safe Harbor
Agreement
The Service has received a permit
application from KS to authorize
incidental take of the covered species
with implementation of the SHA. The
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permit application includes a draft SHA
between KS, the Service, and Hawaii
DLNR. The conservation objective of the
SHA is to promote recovery of the
following Federal- and State-endangered
birds: the Hawaii Creeper (Loxops
mana); Hawaii Akepa (Loxops
coccineus); Akiapolaau (Hemignathus
wilsoni); Io (Hawaiian Hawk; Buteo
solitarius); Nene (Hawaiian Goose;
Branta sandvicensis); Alala (Hawaiian
Crow; Corvus hawaiiensis); Hawaiian
Hoary Bat (Opeapea; Lasiurus cinereus
semotus); and 25 endangered plant
species (collectively referred to as the
‘‘covered species’’) through habitat
restoration and management practices
(Table 1), as well as the Iiwi (Vestiaria
coccinea), a species proposed for listing
as threatened. The activities
implemented under this SHA will aid in
increasing the current range of the
covered species, restoring these species
to part of their historic ranges,
increasing the total population of these
species, and reestablishing wild
populations of these species, thus
contributing to their overall recovery.
Implementation of the SHA is also
likely to reduce habitat fragmentation by
connecting a network of protected and
managed State, Federal, and private
lands within the south central region of
Hawaii Island and is also likely to
benefit other native species.
Of the covered species, all but one of
the wildlife species currently occur on
the property. The Alala is currently
extirpated in the wild, but survives
through an intensive captive breeding
program and partnership between the
San Diego Zoo, the Service, and Hawaii
DLNR. The Alala will be reintroduced to
the wild in November 2016 on Stateowned lands adjacent to Keauhou and
Kilauea Forest. It is likely that released
Alala will disburse beyond the release
site and enter the enrolled property
under the SHA. Of the covered plant
species, eight currently occur on the
enrolled property. The remaining
covered plant species are known to have
historically occurred in the region, and
may become re-established on the
enrolled property through habitat
enhancement and restoration activities
described in the SHA, or may be
outplanted on the enrolled property
over the term of the SHA and permit.
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TABLE 1—WILDLIFE SPECIES COVERED UNDER THE KAMEHAMEHA SCHOOLS—KEAUHOU AND KILAUEA FOREST LANDS
SAFE HARBOR AGREEMENT
Species
Status
Federal/State
State population
estimate
Akiapolaau, (Hemignathus wilsoni) .................
Hawaii Creeper, (Loxops mana) ......................
Hawaii Akepa (Loxops coccineus) ..................
Iiwi (Vestiaria coccinea) ...................................
Io, Hawaiian Hawk (Buteo solitarius) ...............
Alala, Hawaiian Crow (Corvus hawaiiensis) ....
Endangered ................
Endangered ................
Endangered ................
Petitioned for Listing ..
Endangered ................
Endangered ................
Nene, Hawaiian Goose (Branta sandvicensis)
Opeapea, Hawaiian Hoary Bat (Lasiurus
cinereus semotus).
Endangered ................
Endangered ................
1,900 ..........................
14,000 ........................
12,000 ........................
>300,000 ....................
1,200 ..........................
135 individuals in captivity.
2500 ...........................
Widely distributed but
population unknown.
Current distribution by island
Hawaii.
Hawaii.
Hawaii.
Hawaii, Maui, Kauai, Molokai, Oahu.
Hawaii.
Extinct in the wild.
Hawaii, Maui, Kauai, Molokai, Oahu.
Hawaii, Maui, Kauai, Molokai, Oahu.
TABLE 2—PLANT SPECIES COVERED UNDER THE KAMEHAMEHA SCHOOLS—KEAUHOU AND KILAUEA FOREST LANDS SAFE
HARBOR AGREEMENT
Status
Federal/State
Species
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Asplenium peruvianum var. insulare .......................
Clermontia lindseyana, Oha wai .............................
Cyanea shipmanii, Haha .........................................
Cyanea stictophylla, Haha .......................................
Phyllostegia racemosa, Kiponapona .......................
Phyllostegia velutina ................................................
Plantago hawaiensis ................................................
Vicia menziesii .........................................................
Argyroxiphium kauens, Ahinahina ...........................
Clermontia peleana, Oha ........................................
Cyanea tritomantha, Aku .........................................
Cyrtandra giffardii, Haiwale .....................................
Cyrtandra tintinnabula, Haiwale ..............................
Hibiscadelphus giffardianus, Hau kuahiwi ...............
Joinvillea ascendens, Ohe ......................................
Melicope zahlbruckneri, Alani ..................................
Neraudia ovata ........................................................
Nothocestrum breviflorum, Aiea ..............................
Phyllostegia floribunda ............................................
Phyllostegia parviflora .............................................
Ranunculus hawaiiensis, Makou .............................
Sicyos alba, Anunu ..................................................
Sicyos macrophyllus, Anunu ...................................
Silene hawaiiensis ...................................................
Stenogyne angustifolia ............................................
The land area covered by the SHA
and permit (‘‘enrolled property’’)
encompasses 32,280 acres on the
southeastern slope of Mauna Loa on the
island of Hawaii. The enrolled property
is bounded by Federal lands to the west
and south (Hawaii Volcanoes National
Park), State lands to the east (Puu
Makaala Natural Area Reserve) and
north (Mauna Loa Forest Reserve), and
State-leased lands to the north (Kipuka
Ainahou Nene Sanctuary). Kamehameha
Schools’ management and stewardship
practices have contributed to preserving
some of the last remaining intact native
forests in Hawaii. Keauhou Forest and
Kilauea Forest support native habitat for
numerous endangered species. A
portion of the enrolled property, Kilauea
Forest, has been largely unaltered and
has long been recognized for its native
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Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Current distribution by island
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
Hawaii, Maui ....................................
Hawaii, Maui ....................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii, Maui ....................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii, Maui, Kauai, Molokai, Oahu
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii, Maui, Oahu .........................
Hawaii, Maui ....................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii ..............................................
Hawaii, Maui, Molokai ......................
bird populations. The area within the
Keauhou boundary was formerly altered
by ranching and logging operations.
Currently no cattle ranching operations
exist, and both Keauhou and Kilauea are
managed to preserve and restore the
native forests via ungulate removal,
reforestation, and out-plantings of
native and rare species. In addition to
native forest restoration activities,
portions of Keauhou (but not Kilauea)
will include forest management
practices for the purposes of sustainably
harvesting native hardwoods. These
efforts implemented by KS are expected
to result in a further increase in
biodiversity in the region. In addition,
KS continues to provide educational
opportunities to promote the
conservation of healthy native
ecosystems.
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Current presence on
the enrolled property
Present.
Present.
Present.
Present.
Present.
Present.
Present.
Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Not Present.
Covered activities associated with the
SHA include: (1) Removal of invasive
predators; (2) habitat restoration and
native plant community outplantings;
(3) koa silviculture; (4) ungulate fence
installation/maintenance and ungulate
control; (5) invasive weed control; (6)
fire threat management; (7) response
efforts for Rapid Ohia Death; and (8)
other activities on the enrolled property
that are not likely to result in take of the
covered species due to the incorporation
of take avoidance and minimization
measures. All of the covered activities
are associated with enhancement of the
native forest, and will result in a net
benefit to each of the covered species.
If issued, the permit would authorize
incidental take of the covered species
that may occur as a result of the covered
activities. Incidental take associated
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with the implementation of the SHA is
anticipated to be very low due to the
incorporation of significant take
avoidance and minimization measures
for each covered activity. Both the SHA
and the permit are proposed for a term
of 50 years.
Kamehameha Schools is
simultaneously applying to the Hawaii
DLNR for an Incidental Take License
(ITL) under the Hawaii Endangered
Species Law (Hawaii Revised Statutes
§ 195D). The draft SHA serves as the
basis for permit and ITL decisions by
the Service and the Hawaii DLNR,
respectively. Kamehameha Schools
worked closely with the Service and
DLNR to develop the SHA.
The Service’s Proposed Action
The Service proposes to enter into the
SHA and to issue a permit to KS
authorizing incidental take of the
covered species caused by covered
activities, if permit issuance criteria are
met. Both the SHA and the permit
would have a term of 50 years.
Due to the difficulty in monitoring
individuals of some of the covered
species, occupied habitat has been used
to establish baseline conditions for the
Hawaiian forest birds, the Hawaiian
hawk, and Hawaiian hoary bat. The
baseline for the Hawaiian forest birds,
including the Akiapolaau, Hawaii
Creeper, Hawaii Akepa, and Iiwi, is
represented by the extent of their
current occupied habitat, determined to
be forest habitat with a tree cover of
closed canopy, open canopy, scattered
trees and very scattered trees for a total
of 4,162 acres. The baseline for the
Hawaiian Hawk and Hawaiian hoary bat
is defined as 18,517 acres of open or
closed canopy tree cover across the
enrolled property, of which a majority is
native dominated koa and ohia trees.
The baseline determination for the
Nene is based on weekly surveys
conducted by Hawaii DLNR on the
enrolled property and surrounding
lands. While Nene occasionally transit
the property, there are no breeding Nene
on the enrolled property; therefore the
baseline is set at zero individuals. Alala
are currently extirpated from the wild so
none occur on the enrolled property.
Therefore, the baseline for the Alala
under the SHA is set at zero individuals.
Baseline conditions for each of the
listed plant species are based on
comprehensive surveys that occurred on
the enrolled property in 2007 (Table 3).
Eight listed plant species are currently
known to exist on the enrolled property.
Seventeen of the plant covered
species are not currently known to be
present on the enrolled property. These
plants were determined to either have
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the potential to spread naturally onto
the enrolled property or be reintroduced
by KS in the future. The baseline for
these plants is zero.
TABLE 3—SUMMARY OF BASELINES
(EXPRESSED IN TERMS OF INDIVIDUAL PLANTS) FOR COVERED
PLANT SPECIES UNDER THE SHA
SHA
baseline
Species
Asplenium peruvianum var.
insulare ..................................
Clermontia lindseyana, Oha wai
Cyanea shipmanii, Haha ..........
Cyanea stictophylla, Haha ........
Phyllostegia racemosa,
Kiponapona ...........................
Phyllostegia velutina .................
Plantago hawaiensis .................
Vicia menziesii ..........................
Argyroxiphium kauens,
Ahinahina ..............................
Clermontia peleana, Oha .........
Cyanea tritomantha, Aku ..........
Cyrtandra giffardii, Haiwale ......
Cyrtandra tintinnabula, Haiwale
Hibiscadelphus giffardianus,
Hau kuahiwi ..........................
Joinvillea ascendens, Ohe .......
Melicope zahlbruckneri, Alani ...
Neraudia ovata .........................
Nothocestrum breviflorum, Aiea
Phyllostegia floribunda .............
Phyllostegia parviflora ..............
Ranunculus hawaiiensis,
Makou ...................................
Sicyos alba, Anunu ...................
Sicyos macrophyllus, Anunu ....
Silene hawaiiensis ....................
Stenogyne angustifolia .............
128
24
463
104
4
38
1
27
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Under the SHA, the conservation
benefits for the covered species are
expected to be realized through
implementation of all of the covered
activities including: (1) Removal of
invasive predators; (2) habitat
restoration and native plant community
outplantings; (3) koa silviculture; (4)
ungulate fence installation/maintenance
and ungulate control; (5) invasive weed
control; (6) fire threat management; (7)
response efforts for Rapid Ohia Death;
and (8) other activities. Additionally, KS
will execute a right of access for Alala
monitoring and predator control. The
SHA will also connect a variety of highquality National Park and State-owned
protected lands, which will promote an
increase of forest connectivity, covered
species populations and their
distributions.
Kamehameha Schools will be
required to monitor the covered species
and baseline conditions according to
schedule outlined in the SHA. Some
covered species surveys have been
conducted by partners of KS in the past;
these partners may continue to assist KS
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in meeting their monitoring obligations
under the SHA and permit.
Incidental take of the forest birds (the
Akiapolaau, Hawaii Creeper, Hawaii
Akepa, and the Iiwi) may occur in the
form of harm or harassment from noise,
visual disturbance, or removal of trees
in a portion of the property from koa
silviculture activities and weed control.
Weed control is likely to result in low
levels of take of the Hawaiian hawk and
the nene in the form of harassment.
Habitat restoration, installation of new
fences, and weed control activities may
result in the loss or destruction of
individuals of covered plant species
(outplants, propagules), with the
exception of three special-concern
species (Vicia menziesii, Phyllostegia
racemosa, and Cyanea stictophylla), for
which additional measures have been
incorporated into the SHA to fully avoid
any adverse effects from these activities.
Additionally, due to the ephemeral
nature of some of the plant species life
histories, individual plants may be
missed during surveys, resulting in their
loss or degradation caused by covered
activities. The impact of this loss is
anticipated to be minor or negligible to
the survival and recovery of the covered
species. No incidental take of the
Hawaiian hoary bat, Alala, or the three
special-concern plant species are
anticipated to occur as a result of the
covered activities.
Net Conservation Benefit
The Service anticipates that the SHA
will result in the following benefits to
the covered species: (1) Establishment of
new populations and/or habitat where
they do not currently exist; (2) an
increase in the current range of wild
populations; (3) opportunities to
increase genetic diversity of the species;
(4) a reduction of forest fragmentation
and an increase in habitat connectivity
through habitat restoration,
enhancement, and creation efforts; (5)
an increase in habitat connectivity by
creating a habitat ‘‘bridge’’ between
large protected areas; and (6) protection
and maintenance of current levels of
occupied nesting and foraging habitats.
For these reasons, the cumulative
impact of this SHA and the activities it
covers, which would be facilitated by
the allowable incidental take, is likely to
provide a net conservation benefit to the
covered species.
For the reasons discussed above, the
conservation measures implemented
under this SHA are likely to enhance,
create, and conserve habitat for the longterm recovery of the covered species.
Through this SHA, KS will provide a
large expanse of suitable habitat that is
fenced and free from ungulates for the
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
benefit of multiple animal and plant
species to increase their range and
populations. The 50-year duration of the
SHA and permit is considered to be
sufficient to establish and maintain
these goals.
The management activities to be
implemented pursuant to the SHA
directly support recovery actions and
conservation objectives outlined in
conservation and recovery plans for the
covered species (USFWS 1984a, USFWS
1984b, USFWS 1996, USFWS 1998a,
USFWS 1998b, USFWS 1998c, USFWS
2004, USFWS 2006, USFWS 2009,
Hawaii DLNR 2015, and Fraiola and
Rubenstein 2007) including: Protection,
management, restoration, and
conservation of suitable and known
occupied habitat; ungulate control; alien
species control; and re-establishment of
connectivity of currently fragmented
habitats.
National Environmental Policy Act
Compliance
A decision by the Service to enter into
the proposed SHA and to issue the
proposed permit are Federal actions that
trigger the need for compliance with the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321 et
seq.) (NEPA). We have made a
preliminary determination that 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).
mstockstill on DSK3G9T082PROD with NOTICES
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, the scientific
community, industry, or any other
interested party via this notice on our
proposed Federal action. In particular,
we request information and comments
regarding:
(1) Whether the implementation of the
proposed SHA would provide a net
conservation benefit to the covered
species;
(2) Other conservation measures that
would lead to a net-conservation benefit
for the covered species;
(3) The length of the proposed term of
the permit;
(4) The direct, indirect, and
cumulative effects that implementation
of the SHA could have on the human
environment;
(5) Other plans, projects, or
information that might be relevant to
VerDate Sep<11>2014
16:27 Nov 07, 2016
Jkt 241001
evaluating the effects of this proposed
action; and
(6) Information regarding the
adequacy of the proposed SHA pursuant
to the requirement 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 personally
identifiable information in your
comments, you should be aware that
your entire comment—including your
personally identifiable information—
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personally
identifiable 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. Comments and materials
we receive, as well as supporting
documentation we use in preparing the
EAS, will be available for public
inspection by appointment, during
normal business hours, at our Pacific
Islands Field Office (see ADDRESSES).
Next Steps
We will evaluate the permit
application, associated documents, and
public comments in reaching a final
decision on whether the permit
application and the EAS meet the
requirements of section 10(a) of the ESA
(16 U.S.C. 1531 et seq.) and NEPA,
respectively. The SHA and EAS may
change in response to public comments.
We will also evaluate whether the
proposed permit action complies with
section 7 of the ESA by conducting an
intra-Service section 7 consultation on
the proposed action. We will use the
results of this consultation, in
combination with our findings on
whether the application meets issuance
criteria, in our final analysis to
determine whether or not to issue the
proposed permit. If we determine that
all requirements are met, we will sign
the proposed SHA and issue the permit
under the authority of section
10(a)(1)(A) of the ESA to KS for
incidental take of the covered species
caused by covered activities that are
implemented in accordance with the
terms of the permit and the SHA. 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 and information
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
we receive during the public comment
period.
Authority
We provide this notice pursuant to:
Section 10(c) of the ESA (16 U.S.C. 1531
et seq.) and 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 Rabot,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2016–26919 Filed 11–7–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[16X.LLAZP01000.L14400000.EQ0000; AZA–
035947]
Notice of Realty Action: Classification
of Lands for Recreation and Public
Purposes Act Lease for the Vulture
Mountains Cooperative Recreation
Management Area in Maricopa County,
Arizona
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
The Bureau of Land
Management (BLM) has examined and
found suitable for classification for lease
to the Maricopa County Parks and
Recreation Department (MCPRD) under
the provisions of the Recreation and
Public Purposes (R&PP) Act, as
amended (43 U.S.C. 869 et seq.),
approximately 1,046.24 acres of public
land in Maricopa County, Arizona. The
MCPRD proposes to use the land for
recreation purposes. Related
improvements include picnic and
camping facilities, restrooms, trailheads,
developed day use facilities, and
parking.
DATES: Interested parties may submit
written comments regarding the
proposed classification and lease of
public lands on or before December 23,
2016.
ADDRESSES: Comments concerning this
notice should be addressed to Rem
Hawes, Field Manager, BLM
Hassayampa Field Office, 21605 North
7th Ave., Phoenix, AZ 85027.
FOR FURTHER INFORMATION CONTACT:
Hillary Conner, Realty Specialist, at the
above address; phone 623–580–5649; or
by email at hconner@blm.gov. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Relay Service at 1–800–877–8339 to
SUMMARY:
E:\FR\FM\08NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78624-78628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26919]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2017-N180; FXES11140100000-178-FF01E00000]
Draft Safe Harbor Agreement and Receipt of Application for an
Enhancement of Survival Permit for the Kamehameha Schools; Keauhou and
Kilauea Forest Lands, Hawaii Island, Hawaii
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 an application from Kamehameha Schools (KS), a private
charitable education trust, for an enhancement of survival permit
(permit) under the Endangered Species Act of 1973, as amended (ESA).
The permit application includes a draft Safe Harbor Agreement (SHA)
between KS, the Service, and the Hawaii Department of Land and Natural
Resources (DLNR). Kamehameha Schools is proposing to conduct proactive
conservation activities to promote the survival and recovery of 32
federally endangered species and one species currently proposed for
listing (``covered species'') across the Keauhou
[[Page 78625]]
and Kilauea Forest Lands, which comprise 32,280 acres on the
southeastern slope of Mauna Loa, Hawaii Island. We invite comments from
all interested parties on the permit application, including the draft
SHA and a draft environmental action statement (EAS) prepared pursuant
to the requirements of the National Environmental Policy Act (NEPA).
DATES: To ensure consideration, please send your written comments by
December 8, 2016.
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 Kamehameha Schools--Keauhou
and Kilauea Forest Lands SHA, draft EAS, and the proposed issuance of
the Permit:
Internet: Documents may be viewed on the internet at
https://www.fws.gov/pacificislands/.
Email: KamehamehaSchoolsSHA@fws.gov. Include ``Kamehameha
Schools SHA and draft EAS'' in the subject line of the message.
U.S. Mail: Field Supervisor, U.S. Fish and Wildlife
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana
Boulevard, Room 3-122, Honolulu, HI 96850.
Fax: 808-792-9581, Attn: Field Supervisor. Include
``Kamehameha Schools SHA and draft EAS'' in the subject line of the
message.
In-Person Drop-off, 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, Pacific Islands Fish and Wildlife Office, 300 Ala Moana
Boulevard, Room 3-122, Honolulu, Hawaii 96850. Written comments can be
dropped off during regular business hours at the above address on or
before the closing date of the public comment period (see DATES).
FOR FURTHER INFORMATION CONTACT: Ms. Michelle Bogardus (Maui Nui and
Hawaii Island Team Manager) or Ms. Donna Ball (Hawaii Island Fish and
Wildlife Biologist), U.S. Fish and Wildlife Service (see ADDRESSES), by
telephone at 808-792-9400. If you use a telecommunications device for
the deaf, please call the Federal Information Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Background
Under a SHA, participating landowners undertake management
activities on their property to enhance, restore, or maintain habitat
conditions for species listed under the ESA (16 U.S.C. 1531 et seq.) to
an extent that is likely to result in a net conservation benefit for
the covered listed species. A SHA, and the associated permit issued to
participating landowners pursuant to section 10(a)(1)(A) of the ESA,
encourage private and other non-Federal property owners to implement
conservation actions for federally listed species by assuring the
participating landowners that they will not be subjected to increased
property use restrictions as a result of their efforts to either
attract listed species to their property, or to increase the numbers or
distribution of listed species already on their property.
The SHA and its associated permit allow the property owner to alter
or modify the enrolled property back to agreed-upon pre-permit baseline
conditions at the end of the term of the permit, even if such
alteration or modification results in the incidental take of a listed
species. The baseline conditions must reflect the known biological and
habitat characteristics that support existing levels of use of the
enrolled property by species covered in the SHA. The authorization to
take listed species is contingent on the property owner complying with
obligations in the SHA and the terms and conditions of the permit. The
SHA's net conservation benefits must be sufficient to contribute,
either directly or indirectly, to the recovery of the covered listed
species. Enrolled landowners may make lawful use of the enrolled
property during the term of the permit and may incidentally take the
listed species named on the permit in accordance with the terms and
conditions of the permit.
Permit application requirements and issuance criteria for
enhancement of survival permits for SHAs are found in the Code of
Federal Regulations (CFR) at 50 CFR 17.22(c). The Service's Safe Harbor
Policy (64 FR 32717, June 17, 1999) and the Safe Harbor Regulations (68
FR 53320, September 10, 2003; and 69 FR 24084, May 3, 2004) are
available at https://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.
Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor
Agreement
The Service has received a permit application from KS to authorize
incidental take of the covered species with implementation of the SHA.
The permit application includes a draft SHA between KS, the Service,
and Hawaii DLNR. The conservation objective of the SHA is to promote
recovery of the following Federal- and State-endangered birds: the
Hawaii Creeper (Loxops mana); Hawaii Akepa (Loxops coccineus);
Akiapolaau (Hemignathus wilsoni); Io (Hawaiian Hawk; Buteo solitarius);
Nene (Hawaiian Goose; Branta sandvicensis); Alala (Hawaiian Crow;
Corvus hawaiiensis); Hawaiian Hoary Bat (Opeapea; Lasiurus cinereus
semotus); and 25 endangered plant species (collectively referred to as
the ``covered species'') through habitat restoration and management
practices (Table 1), as well as the Iiwi (Vestiaria coccinea), a
species proposed for listing as threatened. The activities implemented
under this SHA will aid in increasing the current range of the covered
species, restoring these species to part of their historic ranges,
increasing the total population of these species, and reestablishing
wild populations of these species, thus contributing to their overall
recovery. Implementation of the SHA is also likely to reduce habitat
fragmentation by connecting a network of protected and managed State,
Federal, and private lands within the south central region of Hawaii
Island and is also likely to benefit other native species.
Of the covered species, all but one of the wildlife species
currently occur on the property. The Alala is currently extirpated in
the wild, but survives through an intensive captive breeding program
and partnership between the San Diego Zoo, the Service, and Hawaii
DLNR. The Alala will be reintroduced to the wild in November 2016 on
State-owned lands adjacent to Keauhou and Kilauea Forest. It is likely
that released Alala will disburse beyond the release site and enter the
enrolled property under the SHA. Of the covered plant species, eight
currently occur on the enrolled property. The remaining covered plant
species are known to have historically occurred in the region, and may
become re-established on the enrolled property through habitat
enhancement and restoration activities described in the SHA, or may be
outplanted on the enrolled property over the term of the SHA and
permit.
[[Page 78626]]
Table 1--Wildlife Species Covered Under the Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor Agreement
--------------------------------------------------------------------------------------------------------------------------------------------------------
State population
Species Status Federal/State estimate Current distribution by island
--------------------------------------------------------------------------------------------------------------------------------------------------------
Akiapolaau, (Hemignathus wilsoni).... Endangered............. 1,900.................. Hawaii.
Hawaii Creeper, (Loxops mana)........ Endangered............. 14,000................. Hawaii.
Hawaii Akepa (Loxops coccineus)...... Endangered............. 12,000................. Hawaii.
Iiwi (Vestiaria coccinea)............ Petitioned for Listing. >300,000............... Hawaii, Maui, Kauai, Molokai, Oahu.
Io, Hawaiian Hawk (Buteo solitarius). Endangered............. 1,200.................. Hawaii.
Alala, Hawaiian Crow (Corvus Endangered............. 135 individuals in Extinct in the wild.
hawaiiensis). captivity.
Nene, Hawaiian Goose (Branta Endangered............. 2500................... Hawaii, Maui, Kauai, Molokai, Oahu.
sandvicensis).
Opeapea, Hawaiian Hoary Bat (Lasiurus Endangered............. Widely distributed but Hawaii, Maui, Kauai, Molokai, Oahu.
cinereus semotus). population unknown.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Plant Species Covered Under the Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor
Agreement
----------------------------------------------------------------------------------------------------------------
Current presence
Species Status Federal/ Current distribution by island on the enrolled
State property
----------------------------------------------------------------------------------------------------------------
Asplenium peruvianum var. Endangered...... Hawaii, Maui................................ Present.
insulare.
Clermontia lindseyana, Oha wai Endangered...... Hawaii, Maui................................ Present.
Cyanea shipmanii, Haha........ Endangered...... Hawaii...................................... Present.
Cyanea stictophylla, Haha..... Endangered...... Hawaii...................................... Present.
Phyllostegia racemosa, Endangered...... Hawaii...................................... Present.
Kiponapona.
Phyllostegia velutina......... Endangered...... Hawaii...................................... Present.
Plantago hawaiensis........... Endangered...... Hawaii...................................... Present.
Vicia menziesii............... Endangered...... Hawaii...................................... Present.
Argyroxiphium kauens, Endangered...... Hawaii...................................... Not Present.
Ahinahina.
Clermontia peleana, Oha....... Endangered...... Hawaii, Maui................................ Not Present.
Cyanea tritomantha, Aku....... Endangered...... Hawaii...................................... Not Present.
Cyrtandra giffardii, Haiwale.. Endangered...... Hawaii...................................... Not Present.
Cyrtandra tintinnabula, Endangered...... Hawaii...................................... Not Present.
Haiwale.
Hibiscadelphus giffardianus, Endangered...... Hawaii...................................... Not Present.
Hau kuahiwi.
Joinvillea ascendens, Ohe..... Endangered...... Hawaii, Maui, Kauai, Molokai, Oahu.......... Not Present.
Melicope zahlbruckneri, Alani. Endangered...... Hawaii...................................... Not Present.
Neraudia ovata................ Endangered...... Hawaii...................................... Not Present.
Nothocestrum breviflorum, Aiea Endangered...... Hawaii...................................... Not Present.
Phyllostegia floribunda....... Endangered...... Hawaii...................................... Not Present.
Phyllostegia parviflora....... Endangered...... Hawaii, Maui, Oahu.......................... Not Present.
Ranunculus hawaiiensis, Makou. Endangered...... Hawaii, Maui................................ Not Present.
Sicyos alba, Anunu............ Endangered...... Hawaii...................................... Not Present.
Sicyos macrophyllus, Anunu.... Endangered...... Hawaii...................................... Not Present.
Silene hawaiiensis............ Endangered...... Hawaii...................................... Not Present.
Stenogyne angustifolia........ Endangered...... Hawaii, Maui, Molokai....................... Not Present.
----------------------------------------------------------------------------------------------------------------
The land area covered by the SHA and permit (``enrolled property'')
encompasses 32,280 acres on the southeastern slope of Mauna Loa on the
island of Hawaii. The enrolled property is bounded by Federal lands to
the west and south (Hawaii Volcanoes National Park), State lands to the
east (Puu Makaala Natural Area Reserve) and north (Mauna Loa Forest
Reserve), and State-leased lands to the north (Kipuka Ainahou Nene
Sanctuary). Kamehameha Schools' management and stewardship practices
have contributed to preserving some of the last remaining intact native
forests in Hawaii. Keauhou Forest and Kilauea Forest support native
habitat for numerous endangered species. A portion of the enrolled
property, Kilauea Forest, has been largely unaltered and has long been
recognized for its native bird populations. The area within the Keauhou
boundary was formerly altered by ranching and logging operations.
Currently no cattle ranching operations exist, and both Keauhou and
Kilauea are managed to preserve and restore the native forests via
ungulate removal, reforestation, and out-plantings of native and rare
species. In addition to native forest restoration activities, portions
of Keauhou (but not Kilauea) will include forest management practices
for the purposes of sustainably harvesting native hardwoods. These
efforts implemented by KS are expected to result in a further increase
in biodiversity in the region. In addition, KS continues to provide
educational opportunities to promote the conservation of healthy native
ecosystems.
Covered activities associated with the SHA include: (1) Removal of
invasive predators; (2) habitat restoration and native plant community
outplantings; (3) koa silviculture; (4) ungulate fence installation/
maintenance and ungulate control; (5) invasive weed control; (6) fire
threat management; (7) response efforts for Rapid Ohia Death; and (8)
other activities on the enrolled property that are not likely to result
in take of the covered species due to the incorporation of take
avoidance and minimization measures. All of the covered activities are
associated with enhancement of the native forest, and will result in a
net benefit to each of the covered species. If issued, the permit would
authorize incidental take of the covered species that may occur as a
result of the covered activities. Incidental take associated
[[Page 78627]]
with the implementation of the SHA is anticipated to be very low due to
the incorporation of significant take avoidance and minimization
measures for each covered activity. Both the SHA and the permit are
proposed for a term of 50 years.
Kamehameha Schools is simultaneously applying to the Hawaii DLNR
for an Incidental Take License (ITL) under the Hawaii Endangered
Species Law (Hawaii Revised Statutes Sec. 195D). The draft SHA serves
as the basis for permit and ITL decisions by the Service and the Hawaii
DLNR, respectively. Kamehameha Schools worked closely with the Service
and DLNR to develop the SHA.
The Service's Proposed Action
The Service proposes to enter into the SHA and to issue a permit to
KS authorizing incidental take of the covered species caused by covered
activities, if permit issuance criteria are met. Both the SHA and the
permit would have a term of 50 years.
Due to the difficulty in monitoring individuals of some of the
covered species, occupied habitat has been used to establish baseline
conditions for the Hawaiian forest birds, the Hawaiian hawk, and
Hawaiian hoary bat. The baseline for the Hawaiian forest birds,
including the Akiapolaau, Hawaii Creeper, Hawaii Akepa, and Iiwi, is
represented by the extent of their current occupied habitat, determined
to be forest habitat with a tree cover of closed canopy, open canopy,
scattered trees and very scattered trees for a total of 4,162 acres.
The baseline for the Hawaiian Hawk and Hawaiian hoary bat is defined as
18,517 acres of open or closed canopy tree cover across the enrolled
property, of which a majority is native dominated koa and ohia trees.
The baseline determination for the Nene is based on weekly surveys
conducted by Hawaii DLNR on the enrolled property and surrounding
lands. While Nene occasionally transit the property, there are no
breeding Nene on the enrolled property; therefore the baseline is set
at zero individuals. Alala are currently extirpated from the wild so
none occur on the enrolled property. Therefore, the baseline for the
Alala under the SHA is set at zero individuals.
Baseline conditions for each of the listed plant species are based
on comprehensive surveys that occurred on the enrolled property in 2007
(Table 3). Eight listed plant species are currently known to exist on
the enrolled property.
Seventeen of the plant covered species are not currently known to
be present on the enrolled property. These plants were determined to
either have the potential to spread naturally onto the enrolled
property or be reintroduced by KS in the future. The baseline for these
plants is zero.
Table 3--Summary of Baselines (Expressed in Terms of Individual Plants)
for Covered Plant Species Under the SHA
------------------------------------------------------------------------
SHA
Species baseline
------------------------------------------------------------------------
Asplenium peruvianum var. insulare......................... 128
Clermontia lindseyana, Oha wai............................. 24
Cyanea shipmanii, Haha..................................... 463
Cyanea stictophylla, Haha.................................. 104
Phyllostegia racemosa, Kiponapona.......................... 4
Phyllostegia velutina...................................... 38
Plantago hawaiensis........................................ 1
Vicia menziesii............................................ 27
Argyroxiphium kauens, Ahinahina............................ 0
Clermontia peleana, Oha.................................... 0
Cyanea tritomantha, Aku.................................... 0
Cyrtandra giffardii, Haiwale............................... 0
Cyrtandra tintinnabula, Haiwale............................ 0
Hibiscadelphus giffardianus, Hau kuahiwi................... 0
Joinvillea ascendens, Ohe.................................. 0
Melicope zahlbruckneri, Alani.............................. 0
Neraudia ovata............................................. 0
Nothocestrum breviflorum, Aiea............................. 0
Phyllostegia floribunda.................................... 0
Phyllostegia parviflora.................................... 0
Ranunculus hawaiiensis, Makou.............................. 0
Sicyos alba, Anunu......................................... 0
Sicyos macrophyllus, Anunu................................. 0
Silene hawaiiensis......................................... 0
Stenogyne angustifolia..................................... 0
------------------------------------------------------------------------
Under the SHA, the conservation benefits for the covered species
are expected to be realized through implementation of all of the
covered activities including: (1) Removal of invasive predators; (2)
habitat restoration and native plant community outplantings; (3) koa
silviculture; (4) ungulate fence installation/maintenance and ungulate
control; (5) invasive weed control; (6) fire threat management; (7)
response efforts for Rapid Ohia Death; and (8) other activities.
Additionally, KS will execute a right of access for Alala monitoring
and predator control. The SHA will also connect a variety of high-
quality National Park and State-owned protected lands, which will
promote an increase of forest connectivity, covered species populations
and their distributions.
Kamehameha Schools will be required to monitor the covered species
and baseline conditions according to schedule outlined in the SHA. Some
covered species surveys have been conducted by partners of KS in the
past; these partners may continue to assist KS in meeting their
monitoring obligations under the SHA and permit.
Incidental take of the forest birds (the Akiapolaau, Hawaii
Creeper, Hawaii Akepa, and the Iiwi) may occur in the form of harm or
harassment from noise, visual disturbance, or removal of trees in a
portion of the property from koa silviculture activities and weed
control. Weed control is likely to result in low levels of take of the
Hawaiian hawk and the nene in the form of harassment. Habitat
restoration, installation of new fences, and weed control activities
may result in the loss or destruction of individuals of covered plant
species (outplants, propagules), with the exception of three special-
concern species (Vicia menziesii, Phyllostegia racemosa, and Cyanea
stictophylla), for which additional measures have been incorporated
into the SHA to fully avoid any adverse effects from these activities.
Additionally, due to the ephemeral nature of some of the plant species
life histories, individual plants may be missed during surveys,
resulting in their loss or degradation caused by covered activities.
The impact of this loss is anticipated to be minor or negligible to the
survival and recovery of the covered species. No incidental take of the
Hawaiian hoary bat, Alala, or the three special-concern plant species
are anticipated to occur as a result of the covered activities.
Net Conservation Benefit
The Service anticipates that the SHA will result in the following
benefits to the covered species: (1) Establishment of new populations
and/or habitat where they do not currently exist; (2) an increase in
the current range of wild populations; (3) opportunities to increase
genetic diversity of the species; (4) a reduction of forest
fragmentation and an increase in habitat connectivity through habitat
restoration, enhancement, and creation efforts; (5) an increase in
habitat connectivity by creating a habitat ``bridge'' between large
protected areas; and (6) protection and maintenance of current levels
of occupied nesting and foraging habitats. For these reasons, the
cumulative impact of this SHA and the activities it covers, which would
be facilitated by the allowable incidental take, is likely to provide a
net conservation benefit to the covered species.
For the reasons discussed above, the conservation measures
implemented under this SHA are likely to enhance, create, and conserve
habitat for the long-term recovery of the covered species. Through this
SHA, KS will provide a large expanse of suitable habitat that is fenced
and free from ungulates for the
[[Page 78628]]
benefit of multiple animal and plant species to increase their range
and populations. The 50-year duration of the SHA and permit is
considered to be sufficient to establish and maintain these goals.
The management activities to be implemented pursuant to the SHA
directly support recovery actions and conservation objectives outlined
in conservation and recovery plans for the covered species (USFWS
1984a, USFWS 1984b, USFWS 1996, USFWS 1998a, USFWS 1998b, USFWS 1998c,
USFWS 2004, USFWS 2006, USFWS 2009, Hawaii DLNR 2015, and Fraiola and
Rubenstein 2007) including: Protection, management, restoration, and
conservation of suitable and known occupied habitat; ungulate control;
alien species control; and re-establishment of connectivity of
currently fragmented habitats.
National Environmental Policy Act Compliance
A decision by the Service to enter into the proposed SHA and to
issue the proposed permit are Federal actions that trigger the need for
compliance with the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.) (NEPA). We have made a preliminary
determination that 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, the
scientific community, industry, or any other interested party via this
notice on our proposed Federal action. In particular, we request
information and comments regarding:
(1) Whether the implementation of the proposed SHA would provide a
net conservation benefit to the covered species;
(2) Other conservation measures that would lead to a net-
conservation benefit for the covered species;
(3) The length of the proposed term of the permit;
(4) The direct, indirect, and cumulative effects that
implementation of the SHA could have on the human environment;
(5) Other plans, projects, or information that might be relevant to
evaluating the effects of this proposed action; and
(6) Information regarding the adequacy of the proposed SHA pursuant
to the requirement 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 personally identifiable
information in your comments, you should be aware that your entire
comment--including your personally identifiable information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personally identifiable 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. Comments and materials we receive, as well as supporting
documentation we use in preparing the EAS, will be available for public
inspection by appointment, during normal business hours, at our Pacific
Islands Field Office (see ADDRESSES).
Next Steps
We will evaluate the permit application, associated documents, and
public comments in reaching a final decision on whether the permit
application and the EAS meet the requirements of section 10(a) of the
ESA (16 U.S.C. 1531 et seq.) and NEPA, respectively. The SHA and EAS
may change in response to public comments. We will also evaluate
whether the proposed permit action complies with section 7 of the ESA
by conducting an intra-Service section 7 consultation on the proposed
action. We will use the results of this consultation, in combination
with our findings on whether the application meets issuance criteria,
in our final analysis to determine whether or not to issue the proposed
permit. If we determine that all requirements are met, we will sign the
proposed SHA and issue the permit under the authority of section
10(a)(1)(A) of the ESA to KS for incidental take of the covered species
caused by covered activities that are implemented in accordance with
the terms of the permit and the SHA. 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 and information we receive during
the public comment period.
Authority
We provide this notice pursuant to: Section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and 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 Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service, Portland, Oregon.
[FR Doc. 2016-26919 Filed 11-7-16; 8:45 am]
BILLING CODE 4333-15-P
