Final Candidate Conservation Agreement With Assurances, Final Environmental Assessment, and Finding of No Significant Impact; Lesser Prairie Chicken, Oklahoma, 14111-14114 [2013-04888]
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Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices
party who submits a written request for
a copy of such documents to the
following: U.S. Fish and Wildlife
Service, 1875 Century Boulevard, Suite
200, Atlanta, GA 30345 (Attn: Cameron
Shaw, Permit Coordinator).
FOR FURTHER INFORMATION CONTACT:
Cameron Shaw, telephone 904–731–
3191; facsimile 904–731–3045.
SUPPLEMENTARY INFORMATION: We have
issued the following permit for activities
with endangered and threatened species
under section 10(a)(1)(A) of the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.). We
provide this notice under section 10(c)
of the Act. Endangered Species Act
regulations at title 50, Code of Federal
Regulations (CFR) Part 17.22, allow us
to waive public notice in an emergency
situation where the life or health of an
endangered animal is threatened and no
reasonable alternative is available to the
applicant.
Permit Application Number: TE–
96401A.
Applicant: St. Thomas Response and
Rehabilitation, Coral World Ocean Park,
St. Thomas, Virgin Islands.
The permittee has been authorized to
receive and retain, for greater than 45
days, a single green sea turtle for
veterinary treatment or euthanasia
under certain conditions.
Dated: February 15, 2013.
Kenneth A. Garrahan,
Acting Regional Director.
[FR Doc. 2013–04881 Filed 3–1–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2012–N263;
FXES11150200000F4–123–FF02ENEH00]
Final Candidate Conservation
Agreement With Assurances, Final
Environmental Assessment, and
Finding of No Significant Impact;
Lesser Prairie Chicken, Oklahoma
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), make
available the final Agricultural
Candidate Conservation Agreement with
Assurances (CCAA) for the lesser prairie
chicken (Tympanuchus pallidicinctus)
(LEPC) in Oklahoma, as well as the final
environmental assessment (EA) and the
draft Finding of No Significant Impact
(FONSI) under the National
Environmental Policy Act of 1969
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SUMMARY:
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(NEPA). The Oklahoma Department of
Wildlife Conservation (ODWC) applied
for an enhancement of survival permit
pursuant to Section 10(a)(1)(A) of the
Endangered Species Act of 1973, as
amended (Act). The permit application
included a draft CCAA between the
Service and ODWC for the Lesser Prairie
Chicken (LEPC) in 14 Oklahoma
counties. Our decision is to authorize
the issuance of an enhancement of
survival permit to the ODWC for
implementation of the CCAA (Preferred
Alternative described below).
DATES: We will issue a FONSI and make
a final permit decision after publication
of this notice.
ADDRESSES: For where to view
documents, see Availability of
Documents in SUPPLEMENTARY
INFORMATION.
Ms.
Dixie Porter, Ph.D., Field Supervisor, by
U.S. mail at U.S. Fish and Wildlife
Service, 9014 East 21st Street, Tulsa, OK
74129, or by telephone at 918–581–
7458.
FOR FURTHER INFORMATION CONTACT:
We
announce the availability of the final
CCAA for the LEPC in Oklahoma, final
EA, and FONSI, which we developed in
compliance with the agency decisionmaking requirements of the NEPA. All
alternatives have been described in
detail, evaluated, and analyzed in our
December 2012 final EA and the final
CCAA.
Based on our review of the
alternatives and their environmental
consequences as described in our final
EA, we have selected Alternative 2, the
proposed agricultural CCAA for the
LEPC in Oklahoma. The proposed
Federal action is the issuance of a
section 10(a)(1)(A) enhancement of
survival permit to the ODWC and
resulting implementation of the CCAA
for the conservation of the LEPC in
Oklahoma. With the assistance of the
Service, the ODWC would implement
conservation measures for the LEPC by
removing threats to the survival of these
species and protecting their habitat. The
CCAA would be in effect for 25 years in
Alfalfa, Beaver, Beckham, Cimarron,
Custer, Dewey, Ellis, Harper, Major,
Roger Mills, Texas, Washita, Woods,
and Woodward Counties, Oklahoma.
This area constitutes the CCAA’s
Planning Area, with Covered Areas
being eligible non-Federal lands within
the Planning Area that provide suitable
habitat for LEPC, or have the potential
to provide suitable LEPC habitat with
the implementation of conservation
management practices. The CCAA is in
addition to a larger conservation effort
SUPPLEMENTARY INFORMATION:
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14111
for the LEPC across its range within
Texas, Oklahoma, Colorado, Kansas,
and New Mexico. The CCAA was
developed in support of a section
10(a)(1)(A) enhancement of survival
permit.
ODWC will enroll participating
landowners through issuance of
Certificates of Inclusion pursuant to the
CCAA. Participating landowners who
are fully implementing the CCAA
provisions of the enhancement of
survival permit will be provided
assurances that, should the LEPC be
listed, the Service will not require them
to provide additional land, water, or
financial resources, nor will there be
any further restrictions to their land,
water, or financial resources than those
they committed to under the CCAA
provisions. The CCAA provisions are
found in the Code of Federal
Regulations (CFR) at 50 CFR 17.22(d)
and 17.32(d). Furthermore, if the LEPC
is listed, participating landowners
would be provided incidental take
authorization under the enhancement of
survival permit for the level of
incidental take on the enrolled lands
consistent with the activities under the
CCAA provisions. The proposed term of
the CCAA is 25 years from the date the
CCAA is signed by ODWC and the
Service. The permit will become
effective on the date of a final rule that
lists the LEPC as threatened or
endangered and will continue through
the end of the CCAA term.
Background
The LEPC currently occurs in five
States: Colorado, Kansas, New Mexico,
Oklahoma, and Texas. The species
inhabits rangelands dominated
primarily by shinnery oak-bluestem and
sand sagebrush-bluestem vegetation
types. Major factors affecting the status
of the LEPC are habitat fragmentation,
overutilization by domestic livestock,
oil and gas development, wind energy
development, loss of native rangelands
to cropland conversion, herbicide use,
fire suppression, and drought. In 1998,
the Service determined that listing of
the LEPC was warranted but precluded
because of other higher priority species.
The December 2008 Candidate Notice of
Review elevated the listing priority of
the LEPC from an ‘‘8’’ to a ‘‘2’’ because
the overall magnitude of threats to the
LEPC were increasing and occurring
throughout almost all of the currently
occupied range.
The Service worked with the ODWC
on the development of the CCAA for the
LEPC in the State of Oklahoma. The
CCAA was initiated in order to facilitate
conservation and restoration of the
LEPC on private and State trust lands in
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Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices
Oklahoma. Expected conservation
benefits for the LEPC from
implementation of the conservation
measures in this CCAA will be
recognized through improved
population performance. Specifically,
this will entail expected increases in
adult and juvenile survivorship, nest
success, and recruitment rates.
Furthermore, LEPC conservation will
be enhanced by providing regulatory
assurances for participating landowners.
With the issuance of the permit, the
Service would provide assurances to
ODWC and participating landowners
that no additional conservation
measures would be required beyond
those specified in the CCAA should the
species become listed in the future as
long as ODWC and participating
landowners implement and maintain
the conservation measures specified in
the CCAA in good faith through the
duration of the CCAA. There will be a
measure of security for participating
landowners in the knowledge that they
will not incur additional land use
restrictions if the species is listed under
the Act.
The ODWC has committed to guiding
the implementation of the CCAA and
requests issuance of the enhancement of
survival permit in order to address the
take prohibitions of section 9 of the Act
should the species become listed in the
future. The permit would authorize
incidental take associated with
implementation of conservation
commitments and measures described
in the CCAA and existing land uses,
primarily agricultural operations, and
other covered activities on the enrolled
properties.
The Secretary of the Interior has
delegated to the Service the authority to
approve or deny a section (10)(a)(1)(A)
permit in accordance with the Act. To
act on ODWC’s permit application, we
must determine that the CCAA meets
the issuance criteria specified in the Act
and at 50 CFR 17.22 and 17.32. The
issuance of a section (10)(a)(1)(A) permit
is a Federal action subject to NEPA
compliance, including the Council on
Environmental Quality Regulations for
Implementing the Procedural Provisions
of NEPA (40 CFR 1500–1508). The draft
CCAA and application for the
enhancement of survival permit were
not eligible for categorical exclusion
under NEPA.
On June 25, 2012 (77 FR 37917), we
issued a draft EA and requested public
comment on our evaluation of the
potential impacts associated with
issuance of a permit for implementation
of the CCAA and to evaluate
alternatives, along with the draft CCAA.
We included public comments and
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responses associated with the draft EA
and draft CCAA in an appendix to the
final EA.
Purpose and Need
The purpose of the CCAA is to
conserve the ecosystems depended
upon by the LEPC in such a way as to
potentially preclude the need to list this
species under the Act. This purpose,
under the CCAA, would be
accomplished through the voluntary
involvement of participating
landowners who are willing to protect,
maintain, enhance, and develop the
habitats necessary for the survival and
conservation of LEPC within the
planning area. The purpose of the
permit is to provide assurances to
ODWC and participating landowners
that no additional conservation
measures would be required beyond
those specified in the CCAA should the
species become listed in the future, as
long as ODWC implements and
maintains the conservation measures
specified in the CCAA in good faith
through the duration of the CCAA and
associated permit. Should listing of the
LEPC occur, the permit would authorize
incidental take associated with
implementation of conservation
commitments and measures described
in the CCAA, as well as existing land
uses, primarily agricultural operations,
and other covered activities on the
enrolled properties.
The CCAA and permit are needed to
protect and conserve the LEPC through
reducing threats that this species faces
while providing a mechanism to
authorize incidental take of the LEPC,
should it be listed pursuant to the Act,
for the participating landowners who
voluntarily enroll their property and
continue conservation activities under
the permit.
The Service identified key issues and
relevant factors through public scoping,
working with other agencies and groups,
and reviewing comments from the
public. We received 13 comments from
eight responders during the public
comment period. Three of the comments
had reference to the draft EA and 10
referenced the CCAA. The Service’s
responses to comments are summarized
in Appendix A of the final EA. We
believe comments are addressed and
reasonably accommodated in the final
documents. No new significant issues
arose following publication of the draft
documents.
Alternatives
Alternative 1 (No Action): In the No
Action Alternative, the Service would
not approve the draft CCAA nor issue
the associated section 10(a)(1)(A)
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enhancement of survival permit.
Therefore, a programmatic effort to
reduce threats through enrollment of
private landowners by ODWC that
provides regulatory assurances through
a section 10(a)(1)(A) permit of the Act
and its implementing regulations,
policy, and guidance for CCAAs would
not be available. Individual actions and
smaller efforts could be undertaken, but
the major incentive for landowners to
conserve a candidate species such as
LEPC would not be in place. The No
Action alternative provides the baseline
for comparing the environmental effects
of the preferred alternative.
Alternative 2 (Preferred Alternative):
Our selected alternative is the proposed
CCAA, the preferred alternative, as
described in the final EA, which
provides for the issuance of a permit
pursuant to section 10(a)(1)(A) of the
Act to the ODWC for incidental take that
is anticipated to occur as a result of
implementing the CCAA as proposed.
The preferred alternative will provide
participating landowners, who
voluntarily agree to implement
conservation measures to restore and/or
maintain suitable habitat for LEPCs on
their property and manage their lands to
remove threats to the LEPC, regulatory
assurances that their conservation
efforts will not result in future
regulatory obligations in excess of those
they agree to at the time they enter into
the CCAA. Participating landowners
must agree to implement a Wildlife
Management Plan (WMP) developed by
ODWC, which will include a list of
conservation actions for the LEPC and
its habitat. ODWC will enroll
participating landowners under the
CCAA through issuance of Certificates
of Inclusion (CI), which will serve to
link the individual site-specific WMPs
to the programmatic CCAA and convey
the regulatory assurances provided in
the permit to the participating
landowner. The CCAA conservation
actions to be implemented or
maintained are intended to conserve,
restore, and/or enhance LEPC habitat so
that progress toward sustainable
population levels can occur.
Implementation of these actions is also
intended to reduce any unfavorable
impacts to LEPC arising from the
management and utilization of the
enrolled lands. CI applications and the
supporting ODWC-approved WMPs will
address the improvements to be made,
sources of funding, responsibilities for
completion of improvements, a time
frame, and a monitoring plan to assure
the success of improvements. This
alternative includes implementation of
conservation measures to avoid and
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Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices
minimize the potential incidental take
of lesser prairie chicken to the
maximum extent practicable.
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Decision
We intend to issue an enhancement of
survival permit allowing ODWC to
implement the preferred alternative
(Alternative 2), as it is described in the
final CCAA and EA. Our decision is
based on a thorough review of the
alternatives and their environmental
consequences. Implementation of this
decision entails the issuance of the
permit, including all terms and
conditions governing the permit.
Implementation of this decision requires
that ODWC adhere to the conservation
measures specified in the CCAA in good
faith through the duration of the CCAA
and permit.
Rationale for Decision
We have selected the preferred
alternative (Alternative 2) for
implementation based on multiple
environmental and social factors,
including potential impacts to the LEPC,
the benefits to the LEPC that are
expected to be achieved through
implementation of conservation actions
and measures contained in the CCAA,
and social and economic considerations.
We did not choose the No Action
Alternative, because, under it, a
programmatic effort to reduce threats to
the LEPC through enrollment of private
landowners by ODWC that provides
assurances through section 10(a)(1)(A)
of the Act and its implementing
regulations, policy, and guidance for
CCAAs would not be available.
Individual actions and smaller efforts
could be undertaken, but the major
incentive for landowners to conserve a
candidate species such as the LEPC
would not be in place, and these smaller
efforts would be incapable of providing
comprehensive or comparable net
benefits as compared to those under the
preferred alternative.
In order for us to issue a permit, we
must ascertain that the CCAA meets the
issuance criteria set forth in 16
U.S.C.1539(a)(2)(A) and (B). In addition,
we must determine that the applicant
has met all issuance criteria for the
permit contained in 50 CFR 17.22(d)(1)
and 17.32(d)(1). We have made our
determination based on the criteria
summarized below:
1. The taking will be incidental. We
find that the take of LEPC would be
incidental to otherwise lawful activities.
ODWC will implement the CCAA, and
participating landowner activities will
include implementation of conservation
commitments and measures described
in the CCAA and land uses, primarily
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agricultural activities, on the enrolled
properties. Incidental take authorized
under the permit would be in the forms
of harassment, harm, and mortality
associated with the conservation (e.g.,
prescribed burning, prescribed grazing,
upland wildlife habitat management,
and conservation cover) and monitoring
activities necessary to implement the
CCAA. Incidental take also is
anticipated to occur on enrolled lands
as a result of ongoing otherwise-lawful
agricultural operations (e.g., crop
cultivation and harvesting, livestock
grazing, and farm equipment operation),
recreational activities (e.g., hunting of
other species, dog training, hiking,
camping, vehicle use, viewing of LEPCs
or other wildlife, and other similar
activities), and limited construction
(e.g., construction of a storage building/
barn; installation of overhead power
lines to a house; or expansion,
renovation, or rebuilding of a house).
2. The CCAA complies with the
requirements of the CCAA policy. The
ODWC has developed the CCAA and
permit application pursuant to the
requirements in the implementing
regulations and the issuance criteria for
a permit. Conservation benefits for the
LEPC from implementation of the CCAA
are expected in the form of avoidance of
negative impacts; reduction of threats;
and conservation, enhancement, and/or
restoration of habitat intended to
contribute to establishing or augmenting
and maintaining viable populations of
LEPCs in Alfalfa, Beaver, Beckham,
Cimarron, Custer, Dewey, Ellis, Harper,
Major, Roger Mills, Texas, Washita,
Woods, and Woodward Counties. In
addition, conservation of LEPCs would
be enhanced by improving and
encouraging cooperative management
efforts between the ODWC, Service, and
participating landowners who own,
control, or influence LEPC habitat in
Oklahoma. Also, this CCAA may be
used as a model for CCAAs in other
parts of the LEPC’s range to encourage
cooperative management and
conservation.
3. The probable direct and indirect
effects of any authorized take will not
appreciably reduce the likelihood of the
survival and recovery in the wild of any
species. The Act’s legislative history
establishes the intent of Congress that
this issuance criteria be identical to a
regulatory finding of no ‘‘jeopardy’’
under section 7(a)(2) of the Act. As a
result, issuance of this section
10(a)(1)(A) permit was reviewed by the
Service according to provisions of
section 7 of the Act. In the Intra-Service
Section 7 Conference Opinion,
incorporated herein by reference, the
Service concludes that issuance of a
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14113
permit will not jeopardize the continued
existence of the LEPC or any other
species. The taking associated with the
implementation of the CCAA will be
incidental to efforts associated with
changes in land use practices and
conservation actions for LEPCs in their
historic range, and gathering important
biological information necessary to
continue conservation efforts for the
species.
4. Implementation of the terms of the
CCAA is consistent with applicable
Federal, State, and Tribal laws and
regulations. The Service is unaware of
any law or regulation that would
prevent the implementation of the
CCAA and the accompanying permit.
The permit will include conditions that
revoke the take provisions of the permit
if any applicable State, Federal, or tribal
law or regulation is broken.
5. Implementation of the terms of the
CCAA will not be in conflict with any
ongoing conservation programs for
species covered by the permit. The
CCAA in Oklahoma for the LEPC
furthers ongoing conservation activities
for the species’ conservation, and is
essential in developing additional
conservation agreements within the
historic range of the LEPC. The Service,
Bureau of Land Management, and nonFederal landowners developed a CCA
and CCAA to implement similar
conservation measures on Federal and
non-Federal lands within seven
counties in New Mexico. The Service,
Texas Parks and Wildlife Department,
and non-Federal landowners also have
developed a CCAA to implement
conservation measures on non-Federal
Lands within 50 counties in Texas. This
combined Oklahoma-Texas-New Mexico
effort should provide conservation
incentives and result in greater success
in reducing threats and stabilizing the
status of LEPC.
6. The Applicant has shown
capability for and commitment to
implementing all of the terms of the
CCAA. The ODWC has shown the
ability to administer the CCAA and
work effectively with participating
landowners to implement conservation
commitments in the CCAA. The funding
for implementation will come from
several sources and will be in place
prior to implementation. The ODWC
will also have assistance from the
Service, Natural Resource Conservation
Service, LEPC experts, and stakeholders
in determining the conservation
priorities. Based on conservation
measures described in the CCAA, the
Service does not expect any
circumstances to occur that would
preclude the Applicant’s funding and
implementation of the CCAA.
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Section 9 of the Act and its
implementing regulations prohibit the
‘‘taking’’ of threatened or endangered
species. However, under limited
circumstances, we may issue permits to
take listed wildlife species incidental to,
and not for the purpose of, otherwise
lawful activities.
Availability of Documents
Electronic copies of the final CCAA
and final EA will be available on the
Service’s LEPC Web site, https://
www.fws.gov/southwest/es/LPC.html.
Alternatively, you may obtain CD–
ROMs with electronic copies of these
documents by writing to Ms. Dixie
Porter, Field Supervisor, U.S. Fish and
Wildlife Service, 9014 East 21st Street,
Tulsa, OK 74129; calling 918–581–7458;
or faxing 918–581–7467. Please refer to
TE72923A–0 when requesting
documents. The final CCAA and final
EA also are available for public
inspection, by appointment only, during
normal business hours (8 a.m. to 4:30
p.m.) at the Tulsa address listed above.
Persons wishing to review the
application or FONSI may obtain a copy
by writing to the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box
1306, Room 6034, Albuquerque, NM
87103.
Authority
We provide this notice under section
10(c) of the Act (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).
Dated: January 25, 2013.
Benjamin Tuggle,
Regional Director, Southwest Region, Fish
and Wildlife Service.
[FR Doc. 2013–04888 Filed 3–1–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWY922000–L13200000–EL0000,
WYW181235]
Notice of Invitation To Participate; Coal
Exploration License Application
WYW181235, WY
Bureau of Land Management,
Interior.
ACTION: Notice.
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AGENCY:
Pursuant to the Mineral
Leasing Act of 1920, as amended by the
Federal Coal Leasing Amendments Act
of 1976, and to Bureau of Land
Management (BLM) regulations, all
interested parties are hereby invited to
SUMMARY:
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participate with Black Butte Coal
Company on a pro rata cost-sharing
basis, in its program for the exploration
of coal deposits owned by the United
States of America in Sweetwater
County, Wyoming.
DATES: This notice of invitation will be
published in the Rock Springs Rocket
Miner once each week for 2 consecutive
weeks beginning the week of March 4,
2013, and in the Federal Register. Any
party electing to participate in this
exploration program must send written
notice to both the BLM and Black Butte
Coal Company, as provided in the
ADDRESSES section below, no later than
April 3, 2013.
ADDRESSES: Copies of the exploration
plan are available for review during
normal business hours in the following
offices (serialized under number
WYW181235): BLM, Wyoming State
Office, 5353 Yellowstone Road, P.O.
Box 1828, Cheyenne, WY 82003; and,
BLM, Rock Springs Field Office, 280
Highway 191 North, Rock Springs, WY
82901. The written notice should be
sent to the following addresses: Black
Butte Coal Company, c/o AE Coal, LLC,
Attn: Jason Russell, 170 South Main
Street, Suite 700, Salt Lake City, UT
84101, and BLM, Wyoming State Office,
Branch of Solid Minerals, Attn: Mavis
Love, P.O. Box 1828, Cheyenne, WY
82003.
FOR FURTHER INFORMATION CONTACT:
Mavis Love, Land Law Examiner, at
307–775–6258. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: Black
Butte Coal Company has applied to the
BLM for a coal exploration license on
public land adjacent to its Black Butte
Coal Mine. The purpose of the
exploration program is to obtain
structural and quality information about
the coal. The BLM regulations at 43 CFR
3410 require the publication of an
invitation to participate in the coal
exploration in the Federal Register. The
Federal coal resources included in the
exploration license application are
located in the following-described lands
in Wyoming:
Sixth Principal Meridian
T. 18 N., R. 100 W.,
Secs. 14 and 26;
Sec. 34, lots 1 to 16, inclusive.
T. 19 N., R. 100 W.,
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Sec. 6, lots 8 to 14, inclusive, S1⁄2NE1⁄4,
SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4;
Sec. 12;
Sec. 18, lots 5 to 8, inclusive, E1⁄2W1⁄2, and
E1⁄2;
Sec. 20, lots 1 to 16, inclusive;
Sec. 24, NE1⁄4, E1⁄2NE1⁄4NW1⁄4,
S1⁄2SW1⁄4NW1⁄4, SE1⁄4NW1⁄4, and S1⁄2;
Sec. 26, lots 1 to 16, inclusive.
T. 18 N., R. 101 W.,
Sec. 4, lots 1 to 4, inclusive, S1⁄2N1⁄2, and
S1⁄2.
T. 19 N., R. 101 W.,
Sec. 2, lots 1 to 4, inclusive, S1⁄2N1⁄2, and
S1⁄2;
Secs. 12, 14, 22, 24, 26, 28, and 34.
The areas described aggregate 11,468.77
acres.
The proposed exploration program is
fully described and will be conducted
pursuant to an exploration plan to be
approved by the BLM.
Authority: 43 CFR 3410.2–1(c)(1).
Donald A. Simpson,
State Director.
[FR Doc. 2013–04743 Filed 3–1–13; 8:45 am]
BILLING CODE 4310–22–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWY922000–L13200000–EL0000,
WYW181233]
Notice of Invitation To Participate; Coal
Exploration License Application
WYW181233, WY
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
Pursuant to the Mineral
Leasing Act of 1920, as amended by the
Federal Coal Leasing Amendments Act
of 1976, and to Bureau of Land
Management (BLM) regulations, all
interested parties are hereby invited to
participate with Black Butte Coal
Company on a pro rata cost-sharing
basis, in its program for the exploration
of coal deposits owned by the United
States of America in Sweetwater
County, Wyoming.
DATES: This notice of invitation will be
published in the Rock Springs Rocket
Miner once each week for 2 consecutive
weeks beginning the week of March 4,
2013, and in the Federal Register. Any
party electing to participate in this
exploration program must send written
notice to both the BLM and Black Butte
Coal Company, as provided in the
ADDRESSES section below, no later than
April 3, 2013.
ADDRESSES: Copies of the exploration
plan are available for review during
normal business hours in the following
SUMMARY:
E:\FR\FM\04MRN1.SGM
04MRN1
]]>Agencies
[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Notices]
[Pages 14111-14114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04888]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2012-N263; FXES11150200000F4-123-FF02ENEH00]
Final Candidate Conservation Agreement With Assurances, Final
Environmental Assessment, and Finding of No Significant Impact; Lesser
Prairie Chicken, Oklahoma
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make
available the final Agricultural Candidate Conservation Agreement with
Assurances (CCAA) for the lesser prairie chicken (Tympanuchus
pallidicinctus) (LEPC) in Oklahoma, as well as the final environmental
assessment (EA) and the draft Finding of No Significant Impact (FONSI)
under the National Environmental Policy Act of 1969 (NEPA). The
Oklahoma Department of Wildlife Conservation (ODWC) applied for an
enhancement of survival permit pursuant to Section 10(a)(1)(A) of the
Endangered Species Act of 1973, as amended (Act). The permit
application included a draft CCAA between the Service and ODWC for the
Lesser Prairie Chicken (LEPC) in 14 Oklahoma counties. Our decision is
to authorize the issuance of an enhancement of survival permit to the
ODWC for implementation of the CCAA (Preferred Alternative described
below).
DATES: We will issue a FONSI and make a final permit decision after
publication of this notice.
ADDRESSES: For where to view documents, see Availability of Documents
in SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Ms. Dixie Porter, Ph.D., Field
Supervisor, by U.S. mail at U.S. Fish and Wildlife Service, 9014 East
21st Street, Tulsa, OK 74129, or by telephone at 918-581-7458.
SUPPLEMENTARY INFORMATION: We announce the availability of the final
CCAA for the LEPC in Oklahoma, final EA, and FONSI, which we developed
in compliance with the agency decision-making requirements of the NEPA.
All alternatives have been described in detail, evaluated, and analyzed
in our December 2012 final EA and the final CCAA.
Based on our review of the alternatives and their environmental
consequences as described in our final EA, we have selected Alternative
2, the proposed agricultural CCAA for the LEPC in Oklahoma. The
proposed Federal action is the issuance of a section 10(a)(1)(A)
enhancement of survival permit to the ODWC and resulting implementation
of the CCAA for the conservation of the LEPC in Oklahoma. With the
assistance of the Service, the ODWC would implement conservation
measures for the LEPC by removing threats to the survival of these
species and protecting their habitat. The CCAA would be in effect for
25 years in Alfalfa, Beaver, Beckham, Cimarron, Custer, Dewey, Ellis,
Harper, Major, Roger Mills, Texas, Washita, Woods, and Woodward
Counties, Oklahoma. This area constitutes the CCAA's Planning Area,
with Covered Areas being eligible non-Federal lands within the Planning
Area that provide suitable habitat for LEPC, or have the potential to
provide suitable LEPC habitat with the implementation of conservation
management practices. The CCAA is in addition to a larger conservation
effort for the LEPC across its range within Texas, Oklahoma, Colorado,
Kansas, and New Mexico. The CCAA was developed in support of a section
10(a)(1)(A) enhancement of survival permit.
ODWC will enroll participating landowners through issuance of
Certificates of Inclusion pursuant to the CCAA. Participating
landowners who are fully implementing the CCAA provisions of the
enhancement of survival permit will be provided assurances that, should
the LEPC be listed, the Service will not require them to provide
additional land, water, or financial resources, nor will there be any
further restrictions to their land, water, or financial resources than
those they committed to under the CCAA provisions. The CCAA provisions
are found in the Code of Federal Regulations (CFR) at 50 CFR 17.22(d)
and 17.32(d). Furthermore, if the LEPC is listed, participating
landowners would be provided incidental take authorization under the
enhancement of survival permit for the level of incidental take on the
enrolled lands consistent with the activities under the CCAA
provisions. The proposed term of the CCAA is 25 years from the date the
CCAA is signed by ODWC and the Service. The permit will become
effective on the date of a final rule that lists the LEPC as threatened
or endangered and will continue through the end of the CCAA term.
Background
The LEPC currently occurs in five States: Colorado, Kansas, New
Mexico, Oklahoma, and Texas. The species inhabits rangelands dominated
primarily by shinnery oak-bluestem and sand sagebrush-bluestem
vegetation types. Major factors affecting the status of the LEPC are
habitat fragmentation, overutilization by domestic livestock, oil and
gas development, wind energy development, loss of native rangelands to
cropland conversion, herbicide use, fire suppression, and drought. In
1998, the Service determined that listing of the LEPC was warranted but
precluded because of other higher priority species. The December 2008
Candidate Notice of Review elevated the listing priority of the LEPC
from an ``8'' to a ``2'' because the overall magnitude of threats to
the LEPC were increasing and occurring throughout almost all of the
currently occupied range.
The Service worked with the ODWC on the development of the CCAA for
the LEPC in the State of Oklahoma. The CCAA was initiated in order to
facilitate conservation and restoration of the LEPC on private and
State trust lands in
[[Page 14112]]
Oklahoma. Expected conservation benefits for the LEPC from
implementation of the conservation measures in this CCAA will be
recognized through improved population performance. Specifically, this
will entail expected increases in adult and juvenile survivorship, nest
success, and recruitment rates.
Furthermore, LEPC conservation will be enhanced by providing
regulatory assurances for participating landowners. With the issuance
of the permit, the Service would provide assurances to ODWC and
participating landowners that no additional conservation measures would
be required beyond those specified in the CCAA should the species
become listed in the future as long as ODWC and participating
landowners implement and maintain the conservation measures specified
in the CCAA in good faith through the duration of the CCAA. There will
be a measure of security for participating landowners in the knowledge
that they will not incur additional land use restrictions if the
species is listed under the Act.
The ODWC has committed to guiding the implementation of the CCAA
and requests issuance of the enhancement of survival permit in order to
address the take prohibitions of section 9 of the Act should the
species become listed in the future. The permit would authorize
incidental take associated with implementation of conservation
commitments and measures described in the CCAA and existing land uses,
primarily agricultural operations, and other covered activities on the
enrolled properties.
The Secretary of the Interior has delegated to the Service the
authority to approve or deny a section (10)(a)(1)(A) permit in
accordance with the Act. To act on ODWC's permit application, we must
determine that the CCAA meets the issuance criteria specified in the
Act and at 50 CFR 17.22 and 17.32. The issuance of a section
(10)(a)(1)(A) permit is a Federal action subject to NEPA compliance,
including the Council on Environmental Quality Regulations for
Implementing the Procedural Provisions of NEPA (40 CFR 1500-1508). The
draft CCAA and application for the enhancement of survival permit were
not eligible for categorical exclusion under NEPA.
On June 25, 2012 (77 FR 37917), we issued a draft EA and requested
public comment on our evaluation of the potential impacts associated
with issuance of a permit for implementation of the CCAA and to
evaluate alternatives, along with the draft CCAA. We included public
comments and responses associated with the draft EA and draft CCAA in
an appendix to the final EA.
Purpose and Need
The purpose of the CCAA is to conserve the ecosystems depended upon
by the LEPC in such a way as to potentially preclude the need to list
this species under the Act. This purpose, under the CCAA, would be
accomplished through the voluntary involvement of participating
landowners who are willing to protect, maintain, enhance, and develop
the habitats necessary for the survival and conservation of LEPC within
the planning area. The purpose of the permit is to provide assurances
to ODWC and participating landowners that no additional conservation
measures would be required beyond those specified in the CCAA should
the species become listed in the future, as long as ODWC implements and
maintains the conservation measures specified in the CCAA in good faith
through the duration of the CCAA and associated permit. Should listing
of the LEPC occur, the permit would authorize incidental take
associated with implementation of conservation commitments and measures
described in the CCAA, as well as existing land uses, primarily
agricultural operations, and other covered activities on the enrolled
properties.
The CCAA and permit are needed to protect and conserve the LEPC
through reducing threats that this species faces while providing a
mechanism to authorize incidental take of the LEPC, should it be listed
pursuant to the Act, for the participating landowners who voluntarily
enroll their property and continue conservation activities under the
permit.
The Service identified key issues and relevant factors through
public scoping, working with other agencies and groups, and reviewing
comments from the public. We received 13 comments from eight responders
during the public comment period. Three of the comments had reference
to the draft EA and 10 referenced the CCAA. The Service's responses to
comments are summarized in Appendix A of the final EA. We believe
comments are addressed and reasonably accommodated in the final
documents. No new significant issues arose following publication of the
draft documents.
Alternatives
Alternative 1 (No Action): In the No Action Alternative, the
Service would not approve the draft CCAA nor issue the associated
section 10(a)(1)(A) enhancement of survival permit. Therefore, a
programmatic effort to reduce threats through enrollment of private
landowners by ODWC that provides regulatory assurances through a
section 10(a)(1)(A) permit of the Act and its implementing regulations,
policy, and guidance for CCAAs would not be available. Individual
actions and smaller efforts could be undertaken, but the major
incentive for landowners to conserve a candidate species such as LEPC
would not be in place. The No Action alternative provides the baseline
for comparing the environmental effects of the preferred alternative.
Alternative 2 (Preferred Alternative): Our selected alternative is
the proposed CCAA, the preferred alternative, as described in the final
EA, which provides for the issuance of a permit pursuant to section
10(a)(1)(A) of the Act to the ODWC for incidental take that is
anticipated to occur as a result of implementing the CCAA as proposed.
The preferred alternative will provide participating landowners, who
voluntarily agree to implement conservation measures to restore and/or
maintain suitable habitat for LEPCs on their property and manage their
lands to remove threats to the LEPC, regulatory assurances that their
conservation efforts will not result in future regulatory obligations
in excess of those they agree to at the time they enter into the CCAA.
Participating landowners must agree to implement a Wildlife Management
Plan (WMP) developed by ODWC, which will include a list of conservation
actions for the LEPC and its habitat. ODWC will enroll participating
landowners under the CCAA through issuance of Certificates of Inclusion
(CI), which will serve to link the individual site-specific WMPs to the
programmatic CCAA and convey the regulatory assurances provided in the
permit to the participating landowner. The CCAA conservation actions to
be implemented or maintained are intended to conserve, restore, and/or
enhance LEPC habitat so that progress toward sustainable population
levels can occur. Implementation of these actions is also intended to
reduce any unfavorable impacts to LEPC arising from the management and
utilization of the enrolled lands. CI applications and the supporting
ODWC-approved WMPs will address the improvements to be made, sources of
funding, responsibilities for completion of improvements, a time frame,
and a monitoring plan to assure the success of improvements. This
alternative includes implementation of conservation measures to avoid
and
[[Page 14113]]
minimize the potential incidental take of lesser prairie chicken to the
maximum extent practicable.
Decision
We intend to issue an enhancement of survival permit allowing ODWC
to implement the preferred alternative (Alternative 2), as it is
described in the final CCAA and EA. Our decision is based on a thorough
review of the alternatives and their environmental consequences.
Implementation of this decision entails the issuance of the permit,
including all terms and conditions governing the permit. Implementation
of this decision requires that ODWC adhere to the conservation measures
specified in the CCAA in good faith through the duration of the CCAA
and permit.
Rationale for Decision
We have selected the preferred alternative (Alternative 2) for
implementation based on multiple environmental and social factors,
including potential impacts to the LEPC, the benefits to the LEPC that
are expected to be achieved through implementation of conservation
actions and measures contained in the CCAA, and social and economic
considerations. We did not choose the No Action Alternative, because,
under it, a programmatic effort to reduce threats to the LEPC through
enrollment of private landowners by ODWC that provides assurances
through section 10(a)(1)(A) of the Act and its implementing
regulations, policy, and guidance for CCAAs would not be available.
Individual actions and smaller efforts could be undertaken, but the
major incentive for landowners to conserve a candidate species such as
the LEPC would not be in place, and these smaller efforts would be
incapable of providing comprehensive or comparable net benefits as
compared to those under the preferred alternative.
In order for us to issue a permit, we must ascertain that the CCAA
meets the issuance criteria set forth in 16 U.S.C.1539(a)(2)(A) and
(B). In addition, we must determine that the applicant has met all
issuance criteria for the permit contained in 50 CFR 17.22(d)(1) and
17.32(d)(1). We have made our determination based on the criteria
summarized below:
1. The taking will be incidental. We find that the take of LEPC
would be incidental to otherwise lawful activities. ODWC will implement
the CCAA, and participating landowner activities will include
implementation of conservation commitments and measures described in
the CCAA and land uses, primarily agricultural activities, on the
enrolled properties. Incidental take authorized under the permit would
be in the forms of harassment, harm, and mortality associated with the
conservation (e.g., prescribed burning, prescribed grazing, upland
wildlife habitat management, and conservation cover) and monitoring
activities necessary to implement the CCAA. Incidental take also is
anticipated to occur on enrolled lands as a result of ongoing
otherwise-lawful agricultural operations (e.g., crop cultivation and
harvesting, livestock grazing, and farm equipment operation),
recreational activities (e.g., hunting of other species, dog training,
hiking, camping, vehicle use, viewing of LEPCs or other wildlife, and
other similar activities), and limited construction (e.g., construction
of a storage building/barn; installation of overhead power lines to a
house; or expansion, renovation, or rebuilding of a house).
2. The CCAA complies with the requirements of the CCAA policy. The
ODWC has developed the CCAA and permit application pursuant to the
requirements in the implementing regulations and the issuance criteria
for a permit. Conservation benefits for the LEPC from implementation of
the CCAA are expected in the form of avoidance of negative impacts;
reduction of threats; and conservation, enhancement, and/or restoration
of habitat intended to contribute to establishing or augmenting and
maintaining viable populations of LEPCs in Alfalfa, Beaver, Beckham,
Cimarron, Custer, Dewey, Ellis, Harper, Major, Roger Mills, Texas,
Washita, Woods, and Woodward Counties. In addition, conservation of
LEPCs would be enhanced by improving and encouraging cooperative
management efforts between the ODWC, Service, and participating
landowners who own, control, or influence LEPC habitat in Oklahoma.
Also, this CCAA may be used as a model for CCAAs in other parts of the
LEPC's range to encourage cooperative management and conservation.
3. The probable direct and indirect effects of any authorized take
will not appreciably reduce the likelihood of the survival and recovery
in the wild of any species. The Act's legislative history establishes
the intent of Congress that this issuance criteria be identical to a
regulatory finding of no ``jeopardy'' under section 7(a)(2) of the Act.
As a result, issuance of this section 10(a)(1)(A) permit was reviewed
by the Service according to provisions of section 7 of the Act. In the
Intra-Service Section 7 Conference Opinion, incorporated herein by
reference, the Service concludes that issuance of a permit will not
jeopardize the continued existence of the LEPC or any other species.
The taking associated with the implementation of the CCAA will be
incidental to efforts associated with changes in land use practices and
conservation actions for LEPCs in their historic range, and gathering
important biological information necessary to continue conservation
efforts for the species.
4. Implementation of the terms of the CCAA is consistent with
applicable Federal, State, and Tribal laws and regulations. The Service
is unaware of any law or regulation that would prevent the
implementation of the CCAA and the accompanying permit. The permit will
include conditions that revoke the take provisions of the permit if any
applicable State, Federal, or tribal law or regulation is broken.
5. Implementation of the terms of the CCAA will not be in conflict
with any ongoing conservation programs for species covered by the
permit. The CCAA in Oklahoma for the LEPC furthers ongoing conservation
activities for the species' conservation, and is essential in
developing additional conservation agreements within the historic range
of the LEPC. The Service, Bureau of Land Management, and non-Federal
landowners developed a CCA and CCAA to implement similar conservation
measures on Federal and non-Federal lands within seven counties in New
Mexico. The Service, Texas Parks and Wildlife Department, and non-
Federal landowners also have developed a CCAA to implement conservation
measures on non-Federal Lands within 50 counties in Texas. This
combined Oklahoma-Texas-New Mexico effort should provide conservation
incentives and result in greater success in reducing threats and
stabilizing the status of LEPC.
6. The Applicant has shown capability for and commitment to
implementing all of the terms of the CCAA. The ODWC has shown the
ability to administer the CCAA and work effectively with participating
landowners to implement conservation commitments in the CCAA. The
funding for implementation will come from several sources and will be
in place prior to implementation. The ODWC will also have assistance
from the Service, Natural Resource Conservation Service, LEPC experts,
and stakeholders in determining the conservation priorities. Based on
conservation measures described in the CCAA, the Service does not
expect any circumstances to occur that would preclude the Applicant's
funding and implementation of the CCAA.
[[Page 14114]]
Section 9 of the Act and its implementing regulations prohibit the
``taking'' of threatened or endangered species. However, under limited
circumstances, we may issue permits to take listed wildlife species
incidental to, and not for the purpose of, otherwise lawful activities.
Availability of Documents
Electronic copies of the final CCAA and final EA will be available
on the Service's LEPC Web site, https://www.fws.gov/southwest/es/LPC.html. Alternatively, you may obtain CD-ROMs with electronic copies
of these documents by writing to Ms. Dixie Porter, Field Supervisor,
U.S. Fish and Wildlife Service, 9014 East 21st Street, Tulsa, OK 74129;
calling 918-581-7458; or faxing 918-581-7467. Please refer to TE72923A-
0 when requesting documents. The final CCAA and final EA also are
available for public inspection, by appointment only, during normal
business hours (8 a.m. to 4:30 p.m.) at the Tulsa address listed above.
Persons wishing to review the application or FONSI may obtain a
copy by writing to the Regional Director, U.S. Fish and Wildlife
Service, P.O. Box 1306, Room 6034, Albuquerque, NM 87103.
Authority
We provide this notice under section 10(c) of the Act (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).
Dated: January 25, 2013.
Benjamin Tuggle,
Regional Director, Southwest Region, Fish and Wildlife Service.
[FR Doc. 2013-04888 Filed 3-1-13; 8:45 am]
BILLING CODE 4310-55-P
