Proposed Graysmarsh Safe Harbor Agreement for the Taylor's Checkerspot Butterfly, Clallam County, Washington, 533-535 [2017-28490]
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FDA is announcing the availability of
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This draft guidance is intended to assist
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533
Dated: December 26, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–28435 Filed 1–3–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2017–N161;
FXES11140100000–189–FF01E00000]
Proposed Graysmarsh Safe Harbor
Agreement for the Taylor’s
Checkerspot Butterfly, Clallam County,
Washington
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
Graysmarsh, LLC, hereafter
referred to as the applicant, has applied
to the U.S. Fish and Wildlife Service
(Service, us) for an enhancement of
survival permit (permit) pursuant to the
Endangered Species Act of 1973, as
amended. The permit application
includes a draft safe harbor agreement
(SHA). The permit would authorize
incidental take of the endangered
Taylor’s checkerspot butterfly. We have
prepared a draft environmental action
statement (EAS) for our preliminary
determination that the SHA and permit
decision may be eligible for categorical
exclusion under the National
Environmental Policy Act (NEPA). We
invite the public to review and
comment on the permit application,
draft SHA, and the draft EAS.
DATES: To ensure consideration, please
send your written comments by
February 5, 2018.
ADDRESSES: You may view or download
copies of the draft SHA, and draft EAS
and obtain additional information on
the internet at https://www.fws.gov/
wafwo/ or obtain hard copies or a CD–
ROM by calling the phone number
listed below. You may submit
comments or requests for more
information by any of the following
methods:
• Email: wfwocomments@fws.gov.
Include ‘‘Graysmarsh SHA’’ in the
subject line of the message.
• U.S. Mail: Mark Ostwald, U.S. Fish
and Wildlife Service, Washington Fish
and Wildlife Office, 510 Desmond
Drive, Southeast, Suite 102, Lacey, WA
98503.
• In-Person Drop-off, Viewing, or
Pickup: Call 360–753–9564 to make an
appointment (necessary for viewing/
pickup only) during regular business
SUMMARY:
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Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices
Background
(3) A description of how the SHA
complies with the requirements of the
Service’s Safe Harbor policy.
For the Service to issue a permit, we
must determine that:
(1) The take of listed species will be
incidental to an otherwise lawful
activity and will be in accordance with
the terms of the SHA;
(2) The implementation of the terms
of the SHA is reasonably expected to
provide a net conservation benefit to the
covered species by contributing to its
recovery, and the SHA otherwise
complies with the Service’s Safe Harbor
Policy (64 FR 32717, June 17, 1999);
(3) The probable direct and indirect
effects of any authorized take will not
appreciably reduce the likelihood of
survival and recovery in the wild of any
listed species;
(4) Implementation of the terms of the
SHA is consistent with applicable
Federal, state, and tribal laws and
regulations;
(5) Implementation of the terms of the
SHA will not be in conflict with any
ongoing conservation or recovery
programs for listed species covered by
the permit; and
(6) The applicant has shown
capability for and commitment to
implementing all of the terms of the
SHA.
The Service’s Safe Harbor Policy (64
FR 32717) and the Safe Harbor
Regulations (68 FR 53320, 69 FR 24084)
provide important terms and concepts
for developing SHAs. The Service’s Safe
Harbor policy and regulations are
available at the following website:
https://www.fws.gov/endangered/lawspolicies/regulations-and-policies.html.
SHAs are intended to encourage
private or other non-Federal property
owners to implement beneficial
conservation actions for species listed
under the ESA. SHA permit holders are
assured that they will not be subject to
increased property use restrictions as a
result of their proactive actions to
benefit listed species. Incidental take of
listed species is authorized under a SHA
permit pursuant to the provisions of
section 10(a)(1)(A) of the ESA. For an
applicant to receive a permit through an
SHA, the applicant must submit an
application form that includes the
following:
(1) The common and scientific names
of the listed species for which the
applicant requests incidental take
authorization;
(2) A description of how incidental
take of the listed species pursuant to the
SHA is likely to occur, both as a result
of management activities and as a result
of the return to baseline; and
Proposed Action
The applicant has submitted a draft
SHA for the TCB that covers
approximately 1,105 acres of land
(enrolled property) in Clallam County,
Washington. The enrolled property is
primarily operated as a commercial
lavender and berry farm (‘‘u-pick
farm’’), and a private recreational area
and homestead. There are also some
non-agricultural areas of mowed
grasslands, marsh, and forest.
The applicant worked closely with
the Service to establish the baseline and
develop the SHA. Habitat surveys for
the TCB have shown there are 40.5 acres
of TCB baseline habitat within the
enrolled property. The baseline habitat
contains three habitat types: Upland
grass and forb occupied by the covered
species (15.3 acres), and a buffer
consisting of emergent marsh/wetland
(18.7 acres) and beach upland (6.5
acres). For specific details about
baseline conditions, see the draft SHA.
hours at Washington Fish and Wildlife
Office (address above).
FOR FURTHER INFORMATION CONTACT:
Mark Ostwald, U.S. Fish and Wildlife
Service (by mail at the address in
ADDRESSES), telephone 360–753–9564.
If you use a telecommunications device
for the deaf (TDD), please call the
Federal Relay Service at 800–877–8339.
ethrower on DSK3G9T082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Graysmarsh, LLC, hereafter referred to
as the applicant, has applied to the U.S.
Fish and Wildlife Service (Service, us)
for an enhancement of survival permit
(permit) pursuant to section 10(a)(1)(A)
of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.; ESA), as
amended. The permit application
includes a draft safe harbor agreement
(SHA), which covers 1,105 acres
managed by the applicant in Clallam
County, Washington. The proposed term
of the permit and the SHA is 50 years.
The permit would authorize incidental
take of the endangered Taylor’s
checkerspot butterfly (Euphydryas
editha taylori (TCB)) in exchange for
habitat conservation actions that are
expected to provide a net conservation
benefit for the species. We have
prepared a draft environmental action
statement (EAS) for our preliminary
determination that the SHA and permit
decision may be eligible for categorical
exclusion under the National
Environmental Policy Act (43 U.S.C.
4321 et seq.; NEPA). We invite the
public to review and comment on the
permit application, draft SHA, and the
draft EAS.
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16:16 Jan 03, 2018
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Within the 40.5 acres, the applicant
will perform habitat management
activities for the benefit of the TCB.
Within the area occupied by the TCB,
the applicant will maintain and
potentially enhance habitat. This will
include annual hand removal of Scotch
broom (Cytisus scoparius) until it is
considered eradicated. Additional nondesirable vegetation may also be
removed if necessary. Plantings of
certain vegetation to benefit the TCB
may also occur. The applicant will
maintain fencing and signage to impede
illegal public trespass onto baseline
habitat.
The applicant will conduct annual
surveys of the TCB during its flight
period and also monitor the status of
baseline habitat relative to the metrics
described in the SHA. Additional
monitoring will also include
observations regarding public access,
describing any research and data
collection, and any emerging issues that
could influence the success of the SHA.
The applicant will monitor and report
in years 1, 3, and 5 of the SHA, and
every 3 years thereafter (except for adult
TCB surveys, which will be conducted
annually).
These activities will require the
applicant to enter habitat occupied by
the TCB as needed over the course of
the year, but mainly during the spring
flight season for the TCB. Depending on
the timing, these activities could result
in take of TCB larva and possibly adult
butterflies, mainly as a result of
inadvertent trampling. Continued
removal of Scotch broom and other
invasive plant species and the planting
of target host plants could result in
temporary disturbance of TCB habitat
and also result in take if TCB is present
in the affected areas. The timing and
extent of these activities will occur in a
manner to minimize incidental take.
There is also a low potential for take of
TCB to occur within other areas of the
property as a result of interactions
between agricultural activities and adult
butterflies. Examples of the potential for
incidental take include inadvertent
harm during routine agricultural
operations, mainly associated with
annual seeding (plowing and disking) of
barley, mowing lawns, moving and
replacing irrigation lines, and managing
and harvesting berries.
National Environmental Policy Act
Compliance
The development of the draft SHA
and the proposed issuance of an
enhancement of survival permit is a
Federal action that triggers the need for
compliance with the NEPA (42 U.S.C.
4321 et seq.). We have prepared a draft
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Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices
EAS to analyze the impacts of permit
issuance and implementation of the
SHA on the human environment in
comparison to the no-action alternative.
We have made a preliminary
determination that issuing the permit
and implementing the SHA would have
minor or negligible impacts to the
environment, and thus the proposed
SHA and permit actions are eligible for
categorical exclusion under NEPA. The
basis for our preliminary determination
is contained in the EAS, which is
available for public review (see
ADDRESSES).
Public Comments
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. We request
data, new information, or comments
from the public, other concerned
governmental agencies, Tribes, the
scientific community, industry, or any
other interested party via this notice on
our proposed Federal action.
ethrower on DSK3G9T082PROD with NOTICES
Public Availability of Comments
All comments and materials we
receive become part of the public record
associated with this action. Before
including your address, phone number,
email address, or other personal
identifying information in your
comments, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. All comments received from
organizations, businesses, or individuals
representing organizations or businesses
are available for public inspection in
their entirety. Comments and materials
we receive will be available for public
inspection by appointment, during
normal business hours, at our office (see
ADDRESSES).
Next Step
The Service will evaluate the permit
application, draft SHA, and public
comments submitted thereon to
determine whether the permit
application meets the requirements of
section 10(a)(1)(A) of the ESA and
NEPA regulations. The final NEPA and
permit determinations will not be
completed until after the end of the 30day comment period and full
consideration of all comments received
during the comment period. If we
determine that all requirements are met,
we will issue the applicant an
enhancement of survival permit under
section 10(a)(1)(A) of the ESA.
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Jkt 244001
Authority
We provide this notice pursuant to
section 10(c) of the ESA (16 U.S.C. 1531
et seq.), its implementing regulations
(50 CFR 17.22), and NEPA (42 U.S.C.
4321 et seq.) and its implementing
regulations (40 CFR 1506.6).
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2017–28490 Filed 1–3–18; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–IA–2017–0095;
FXIA16710900000–178–FF09A30000]
Endangered Species Receipt of Permit
Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on applications to conduct
certain activities with foreign
endangered species, marine mammals,
or both. With some exceptions, the
Endangered Species Act (ESA) prohibit
activities with listed species unless
Federal authorization is acquired that
allows such activities. The ESA also
requires that we invite public comment
before issuing these permits.
DATES: We must receive comments by
February 5, 2018.
ADDRESSES: Document availability: The
applications, as well as any comments
and other materials that we receive, will
be available for public inspection online
in Docket No. FWS–HQ–IA–2017–0095
at https://www.regulations.gov.
Submitting Comments: You may
submit comments by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–IA–2017–0095.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket No.
FWS–HQ–IA–2017–0095; U.S. Fish and
Wildlife Service Headquarters, MS:
BPHC; 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
When submitting comments, please
indicate the name of the applicant and
the PRT# at the beginning of your
comment. We will post all comments on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
SUMMARY:
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535
(see SUPPLEMENTARY INFORMATION for
more information).
FOR FURTHER INFORMATION CONTACT:
Joyce Russell, 703–358–2280.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
A. How do I comment on submitted
applications?
You may submit your comments and
materials by one of the methods listed
under Submitting Comments in the
ADDRESSES section. We will not
consider comments sent by email or fax,
or to an address not in the ADDRESSES
section.
Please make your requests or
comments as specific as possible,
confine your comments to issues for
which we seek comments in this notice,
and explain the basis for your
comments. Include sufficient
information with your comments to
allow us to authenticate any scientific or
commercial data you include.
The comments and recommendations
that will be most useful and likely to
influence agency decisions are: (1)
Those supported by quantitative
information or studies; and (2) Those
that include citations to, and analyses
of, the applicable laws and regulations.
We will not consider or include in our
administrative record comments we
receive after the close of the comment
period (see DATES or comments
delivered to an address other than those
listed above in ADDRESSES).
B. May I review comments submitted by
others?
Comments, including names and
street addresses of respondents, will be
available for public review at the street
address listed under ADDRESSES. The
public may review documents and other
information applicants have sent in
support of the application unless our
allowing viewing would violate the
Privacy Act or Freedom of Information
Act. Before including your address,
phone number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
C. Who will see my comments?
If you submit a comment via https://
www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
E:\FR\FM\04JAN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Pages 533-535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28490]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2017-N161; FXES11140100000-189-FF01E00000]
Proposed Graysmarsh Safe Harbor Agreement for the Taylor's
Checkerspot Butterfly, Clallam County, Washington
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: Graysmarsh, LLC, hereafter referred to as the applicant, has
applied to the U.S. Fish and Wildlife Service (Service, us) for an
enhancement of survival permit (permit) pursuant to the Endangered
Species Act of 1973, as amended. The permit application includes a
draft safe harbor agreement (SHA). The permit would authorize
incidental take of the endangered Taylor's checkerspot butterfly. We
have prepared a draft environmental action statement (EAS) for our
preliminary determination that the SHA and permit decision may be
eligible for categorical exclusion under the National Environmental
Policy Act (NEPA). We invite the public to review and comment on the
permit application, draft SHA, and the draft EAS.
DATES: To ensure consideration, please send your written comments by
February 5, 2018.
ADDRESSES: You may view or download copies of the draft SHA, and draft
EAS and obtain additional information on the internet at https://www.fws.gov/wafwo/ or obtain hard copies or a CD-ROM by calling the
phone number listed below. You may submit comments or requests for more
information by any of the following methods:
Email: [email protected]. Include ``Graysmarsh SHA'' in
the subject line of the message.
U.S. Mail: Mark Ostwald, U.S. Fish and Wildlife Service,
Washington Fish and Wildlife Office, 510 Desmond Drive, Southeast,
Suite 102, Lacey, WA 98503.
In-Person Drop-off, Viewing, or Pickup: Call 360-753-9564
to make an appointment (necessary for viewing/pickup only) during
regular business
[[Page 534]]
hours at Washington Fish and Wildlife Office (address above).
FOR FURTHER INFORMATION CONTACT: Mark Ostwald, U.S. Fish and Wildlife
Service (by mail at the address in ADDRESSES), telephone 360-753-9564.
If you use a telecommunications device for the deaf (TDD), please call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: Graysmarsh, LLC, hereafter referred to as
the applicant, has applied to the U.S. Fish and Wildlife Service
(Service, us) for an enhancement of survival permit (permit) pursuant
to section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.; ESA), as amended. The permit application includes a draft
safe harbor agreement (SHA), which covers 1,105 acres managed by the
applicant in Clallam County, Washington. The proposed term of the
permit and the SHA is 50 years. The permit would authorize incidental
take of the endangered Taylor's checkerspot butterfly (Euphydryas
editha taylori (TCB)) in exchange for habitat conservation actions that
are expected to provide a net conservation benefit for the species. We
have prepared a draft environmental action statement (EAS) for our
preliminary determination that the SHA and permit decision may be
eligible for categorical exclusion under the National Environmental
Policy Act (43 U.S.C. 4321 et seq.; NEPA). We invite the public to
review and comment on the permit application, draft SHA, and the draft
EAS.
Background
SHAs are intended to encourage private or other non-Federal
property owners to implement beneficial conservation actions for
species listed under the ESA. SHA permit holders are assured that they
will not be subject to increased property use restrictions as a result
of their proactive actions to benefit listed species. Incidental take
of listed species is authorized under a SHA permit pursuant to the
provisions of section 10(a)(1)(A) of the ESA. For an applicant to
receive a permit through an SHA, the applicant must submit an
application form that includes the following:
(1) The common and scientific names of the listed species for which
the applicant requests incidental take authorization;
(2) A description of how incidental take of the listed species
pursuant to the SHA is likely to occur, both as a result of management
activities and as a result of the return to baseline; and
(3) A description of how the SHA complies with the requirements of
the Service's Safe Harbor policy.
For the Service to issue a permit, we must determine that:
(1) The take of listed species will be incidental to an otherwise
lawful activity and will be in accordance with the terms of the SHA;
(2) The implementation of the terms of the SHA is reasonably
expected to provide a net conservation benefit to the covered species
by contributing to its recovery, and the SHA otherwise complies with
the Service's Safe Harbor Policy (64 FR 32717, June 17, 1999);
(3) The probable direct and indirect effects of any authorized take
will not appreciably reduce the likelihood of survival and recovery in
the wild of any listed species;
(4) Implementation of the terms of the SHA is consistent with
applicable Federal, state, and tribal laws and regulations;
(5) Implementation of the terms of the SHA will not be in conflict
with any ongoing conservation or recovery programs for listed species
covered by the permit; and
(6) The applicant has shown capability for and commitment to
implementing all of the terms of the SHA.
The Service's Safe Harbor Policy (64 FR 32717) and the Safe Harbor
Regulations (68 FR 53320, 69 FR 24084) provide important terms and
concepts for developing SHAs. The Service's Safe Harbor policy and
regulations are available at the following website: https://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.
Proposed Action
The applicant has submitted a draft SHA for the TCB that covers
approximately 1,105 acres of land (enrolled property) in Clallam
County, Washington. The enrolled property is primarily operated as a
commercial lavender and berry farm (``u-pick farm''), and a private
recreational area and homestead. There are also some non-agricultural
areas of mowed grasslands, marsh, and forest.
The applicant worked closely with the Service to establish the
baseline and develop the SHA. Habitat surveys for the TCB have shown
there are 40.5 acres of TCB baseline habitat within the enrolled
property. The baseline habitat contains three habitat types: Upland
grass and forb occupied by the covered species (15.3 acres), and a
buffer consisting of emergent marsh/wetland (18.7 acres) and beach
upland (6.5 acres). For specific details about baseline conditions, see
the draft SHA.
Within the 40.5 acres, the applicant will perform habitat
management activities for the benefit of the TCB. Within the area
occupied by the TCB, the applicant will maintain and potentially
enhance habitat. This will include annual hand removal of Scotch broom
(Cytisus scoparius) until it is considered eradicated. Additional non-
desirable vegetation may also be removed if necessary. Plantings of
certain vegetation to benefit the TCB may also occur. The applicant
will maintain fencing and signage to impede illegal public trespass
onto baseline habitat.
The applicant will conduct annual surveys of the TCB during its
flight period and also monitor the status of baseline habitat relative
to the metrics described in the SHA. Additional monitoring will also
include observations regarding public access, describing any research
and data collection, and any emerging issues that could influence the
success of the SHA. The applicant will monitor and report in years 1,
3, and 5 of the SHA, and every 3 years thereafter (except for adult TCB
surveys, which will be conducted annually).
These activities will require the applicant to enter habitat
occupied by the TCB as needed over the course of the year, but mainly
during the spring flight season for the TCB. Depending on the timing,
these activities could result in take of TCB larva and possibly adult
butterflies, mainly as a result of inadvertent trampling. Continued
removal of Scotch broom and other invasive plant species and the
planting of target host plants could result in temporary disturbance of
TCB habitat and also result in take if TCB is present in the affected
areas. The timing and extent of these activities will occur in a manner
to minimize incidental take. There is also a low potential for take of
TCB to occur within other areas of the property as a result of
interactions between agricultural activities and adult butterflies.
Examples of the potential for incidental take include inadvertent harm
during routine agricultural operations, mainly associated with annual
seeding (plowing and disking) of barley, mowing lawns, moving and
replacing irrigation lines, and managing and harvesting berries.
National Environmental Policy Act Compliance
The development of the draft SHA and the proposed issuance of an
enhancement of survival permit is a Federal action that triggers the
need for compliance with the NEPA (42 U.S.C. 4321 et seq.). We have
prepared a draft
[[Page 535]]
EAS to analyze the impacts of permit issuance and implementation of the
SHA on the human environment in comparison to the no-action
alternative. We have made a preliminary determination that issuing the
permit and implementing the SHA would have minor or negligible impacts
to the environment, and thus the proposed SHA and permit actions are
eligible for categorical exclusion under NEPA. The basis for our
preliminary determination is contained in the EAS, which is available
for public review (see ADDRESSES).
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We request data, new information, or
comments from the public, other concerned governmental agencies,
Tribes, the scientific community, industry, or any other interested
party via this notice on our proposed Federal action.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before including your address,
phone number, email address, or other personal identifying information
in your comments, you should be aware that your entire comment--
including your personal identifying information--may be made publicly
available at any time. While you can ask us in your comment to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. All comments received from
organizations, businesses, or individuals representing organizations or
businesses are available for public inspection in their entirety.
Comments and materials we receive will be available for public
inspection by appointment, during normal business hours, at our office
(see ADDRESSES).
Next Step
The Service will evaluate the permit application, draft SHA, and
public comments submitted thereon to determine whether the permit
application meets the requirements of section 10(a)(1)(A) of the ESA
and NEPA regulations. The final NEPA and permit determinations will not
be completed until after the end of the 30-day comment period and full
consideration of all comments received during the comment period. If we
determine that all requirements are met, we will issue the applicant an
enhancement of survival permit under section 10(a)(1)(A) of the ESA.
Authority
We provide this notice pursuant to section 10(c) of the ESA (16
U.S.C. 1531 et seq.), its implementing regulations (50 CFR 17.22), and
NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2017-28490 Filed 1-3-18; 8:45 am]
BILLING CODE 4333-15-P
