Request for Renewal of the Incidental Take Permit and Habitat Conservation Plan for Incidental Take of Hawaiian Stilts; Cyanotech Aquaculture Facility, Hawaii, 3804-3805 [2019-02163]

Download as PDF 3804 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Notices cGMP Production of Vaccines and Biologicals. Date: March 27, 2019. Time: 11:00 a.m. to 3:00 p.m. Agenda: To review and evaluate contract proposals. Place: National Cancer Institute, Shady Grove, 9609 Medical Center Drive, Room 7W260, Rockville, MD 20850 (Telephone Conference Call). Contact Person: Nadeem Khan, Ph.D., Scientific Review Officer, Research Technology and Contract Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W260, Bethesda, MD 20892– 9750, 240–276–5856, nadeem.khan@nih.gov. Name of Committee: National Cancer Institute Special Emphasis Panel; R13 Conference Grant Review. Date: March 27, 2019. Time: 12:30 p.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: National Cancer Institute, Shady Grove, 9609 Medical Center Drive, Room 7W554, Rockville, MD 20850, (Telephone Conference Call). Contact Person: Christopher L. Hatch, Ph.D., Scientific Review Officer, Program Coordination and Referral Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W554, Bethesda, MD 20892–9750, 240–276–6454, ch29v@nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: February 7, 2019. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2019–02126 Filed 2–12–19; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service khammond on DSKBBV9HB2PROD with NOTICES [FWS–R1–ES–2018–N077; FXES11140100000–189–FF01E00000] Request for Renewal of the Incidental Take Permit and Habitat Conservation Plan for Incidental Take of Hawaiian Stilts; Cyanotech Aquaculture Facility, 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 SUMMARY: VerDate Sep<11>2014 17:22 Feb 12, 2019 Jkt 247001 an application from Cyanotech (applicant) for a renewal of an incidental take permit (ITP) under the Endangered Species Act. The applicant is requesting renewal of their ITP and their 2002 habitat conservation plan (HCP) for Hawaiian stilt at the Cyanotech aquaculture facility at Keahole Point, Hawaii. If renewed, the ITP would authorize the take of the Hawaiian stilt that may occur incidental to the operation and maintenance of the aquaculture facility. The ITP application includes a HCP renewal document describing the actions and measures the applicant will implement to avoid, minimize, mitigate, and monitor incidental take of the species. We are making the HCP renewal and the NEPA environmental action statement for categorical exclusion, available for public review and comment. DATES: To ensure consideration, please send your written comments by March 15, 2019. 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 Cyanotech HCP and the proposed renewal of the ITP: • Internet: Documents may be viewed on the internet at https://www.fws.gov/ pacificislands/. • Email: pifwo_admin@fws.gov. Include ‘‘Cyanotech HCP’’ 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 ‘‘Cyanotech HCP’’ 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 Pacific Islands Fish and Wildlife Office (address above). Written comments can be dropped off during regular business hours on or before the closing date of the public comment period (see DATES). FOR FURTHER INFORMATION CONTACT: Jodi Charrier, Endangered Species Biologist, by mail at the address in ADDRESSES; by telephone at 808–792–9400; or by email at pifwo_admin@fws.gov. If you use a telecommunications device for the deaf, please call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: The Service has received an ITP application from Cyanotech in accordance with the requirements of the Endangered Species PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Act (ESA; 16 U.S.C. 1531 et seq.). The applicant is requesting renewal of an ITP to authorize incidental take of the endangered Hawaiian stilt (Himantopus mexicanus knudseni), hereafter referred to as the covered species or Hawaiian stilt. If renewed, the ITP would authorize take of the covered species that may occur incidental to the operation and maintenance of the Cyanotech aquaculture facility for an additional 19 years, until 2035. The ITP application includes a HCP renewal document describing the actions and measures the applicant will implement to avoid, minimize, mitigate, and monitor incidental take of the covered species. We are making the ITP application, including the NEPA environmental action statement for a categorical exclusion available for public review and comment. Background Section 9 of the ESA prohibits the take of fish and wildlife species listed as endangered or threatened under section 4 of the ESA. Under the ESA, the term ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term ‘‘harm,’’ as defined in our regulations, includes significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). However, under specified circumstances, the Service may issue permits that authorize take of federally listed species, provided the take is incidental to, but not the purpose of, an otherwise lawful activity. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the ESA contains provisions for issuing such incidental take permits to non-Federal entities for the take of endangered and threatened species, provided the following criteria are met: (1) The taking will be incidental; (2) The applicant will prepare a conservation plan that, to the maximum extent practicable, identifies the steps the applicant will take to minimize and mitigate the impact of such taking; (3) The applicant will ensure that adequate funding for the plan will be provided; (4) The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Notices (5) The applicant will carry out any other measures that the Service may require as being necessary or appropriate for the purposes of the plan. khammond on DSKBBV9HB2PROD with NOTICES Proposed Action The Service proposes to issue the requested ITP based on the applicant’s commitment to implement the renewed 2002 HCP for Hawaiian stilt at the Cyanotech aquaculture facility, Keahole Point, Hawaii. On March 18, 2002, the Service approved Cyanotech’s HCP and issued an ITP with a duration of 3 years for take of the endangered Hawaiian stilt incidental to ongoing operations and maintenance activities of the aquaculture facility. In September 2006, the Service permitted a 10-year extension of the ITP, which expired in March 2016. The 2006 ITP authorizes take of the covered species so long as the total number of stilts fledged at offsite locations is greater than the number of stilts incidentally taken over the tenyear permit term. In October 2015, Cyanotech submitted an application for renewal of the ITP and the HCP for an additional 19 years, until 2035. This request is being considered pursuant to section 10(a)(1)(B) of the ESA. Cyanotech proposes to continue normal microalgae operations, daily monitoring and maintenance at its aquaculture facility, and implementation of minimization measures described in their 2002 HCP and 2006 HCP amendment until 2035. All provisions for reporting, monitoring, adaptive management, and funding assurances from the original HCP will be maintained. Cyanotech currently has a net mitigation offset of 32 fledglings, and incidental take is not expected to exceed 1 stilt fledgling per year. Therefore, it is expected that the current offset of 32 fledglings is sufficient to compensate for take of an additional 20 Hawaiian stilt fledglings over the 19year permit renewal term. No additional compensatory mitigation is being proposed. National Environmental Policy Act Compliance The proposed issuance of an ITP is a Federal action that triggers the need for compliance with NEPA (42 U.S.C. 4321 et seq). Pursuant to NEPA, we prepared an Environmental Action Statement (EAS) to analyze the environmental impacts of the proposed Federal action of issuing the requested ITP and implementation of the conservation program under the HCP. Based on the EAS, we have preliminarily determined that the proposed renewal of the ITP and HCP would have minor or negligible effects VerDate Sep<11>2014 17:22 Feb 12, 2019 Jkt 247001 on the species covered in the HCP. Therefore, we determined that the proposed HCP permit renewal qualifies for a categorical exclusion under NEPA, as provided by the Department of the Interior NEPA regulations (43 CFR part 46). 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, will be available for public inspection by appointment, during normal business hours, at our Pacific Islands Field Office (see ADDRESSES). Authority We provide this notice in accordance with the requirements of section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6). Katherine B. Hollar, Acting Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service. [FR Doc. 2019–02163 Filed 2–12–19; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2018–N144; FXES11130800000–178–FF08E00000] Endangered and Threatened Species; Receipt of Recovery Permit Applications Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 3805 activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period. DATES: We must receive your written comments on or before March 15, 2019. ADDRESSES: Document availability and comment submission: Submit requests for copies of the applications and related documents and submit any comments by one of the following methods. All requests and comments should specify the applicant name(s) and application number(s) (e.g., TEXXXXXX). • Email: permitsr8es@fws.gov. • U.S. Mail: Daniel Marquez, Endangered Species Program Manager, U.S. Fish and Wildlife Service, Region 8, 2800 Cottage Way, Room W–2606, Sacramento, CA 95825. FOR FURTHER INFORMATION CONTACT: Daniel Marquez, via phone at 760–431– 9440, via email at permitsr8es@fws.gov, or via the Federal Relay Service at 1– 800–877–8339 for TTY assistance. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, invite the public to comment on applications for permits under section 10(a)(1)(A) of the Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested permits would allow the applicants to conduct activities intended to promote recovery of species that are listed as endangered or threatened under the ESA. Background With some exceptions, the ESA prohibits activities that constitute take of listed species unless a Federal permit is issued that allows such activity. The ESA’s definition of ‘‘take’’ includes such activities as pursuing, harassing, trapping, capturing, or collecting in addition to hunting, shooting, harming, wounding, or killing. A recovery permit issued by us under section 10(a)(1)(A) of the ESA authorizes the permittee to conduct activities with endangered or threatened species for scientific purposes that promote recovery or for enhancement of propagation or survival of the species. These activities often include such prohibited actions as capture and collection. Our regulations implementing section 10(a)(1)(A) for these permits are found in the Code of Federal Regulations at 50 CFR 17.22 for E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Notices]
[Pages 3804-3805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02163]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N077; FXES11140100000-189-FF01E00000]


Request for Renewal of the Incidental Take Permit and Habitat 
Conservation Plan for Incidental Take of Hawaiian Stilts; Cyanotech 
Aquaculture Facility, 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 Cyanotech (applicant) for a renewal of an 
incidental take permit (ITP) under the Endangered Species Act. The 
applicant is requesting renewal of their ITP and their 2002 habitat 
conservation plan (HCP) for Hawaiian stilt at the Cyanotech aquaculture 
facility at Keahole Point, Hawaii. If renewed, the ITP would authorize 
the take of the Hawaiian stilt that may occur incidental to the 
operation and maintenance of the aquaculture facility. The ITP 
application includes a HCP renewal document describing the actions and 
measures the applicant will implement to avoid, minimize, mitigate, and 
monitor incidental take of the species. We are making the HCP renewal 
and the NEPA environmental action statement for categorical exclusion, 
available for public review and comment.

DATES: To ensure consideration, please send your written comments by 
March 15, 2019.

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 Cyanotech HCP and the 
proposed renewal of the ITP:
     Internet: Documents may be viewed on the internet at 
https://www.fws.gov/pacificislands/.
     Email: pifwo_admin@fws.gov. Include ``Cyanotech HCP'' 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 
``Cyanotech HCP'' 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 Pacific Islands Fish 
and Wildlife Office (address above). Written comments can be dropped 
off during regular business hours on or before the closing date of the 
public comment period (see DATES).

FOR FURTHER INFORMATION CONTACT: Jodi Charrier, Endangered Species 
Biologist, by mail at the address in ADDRESSES; by telephone at 808-
792-9400; or by email at pifwo_admin@fws.gov. If you use a 
telecommunications device for the deaf, please call the Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Service has received an ITP application 
from Cyanotech in accordance with the requirements of the Endangered 
Species Act (ESA; 16 U.S.C. 1531 et seq.). The applicant is requesting 
renewal of an ITP to authorize incidental take of the endangered 
Hawaiian stilt (Himantopus mexicanus knudseni), hereafter referred to 
as the covered species or Hawaiian stilt. If renewed, the ITP would 
authorize take of the covered species that may occur incidental to the 
operation and maintenance of the Cyanotech aquaculture facility for an 
additional 19 years, until 2035. The ITP application includes a HCP 
renewal document describing the actions and measures the applicant will 
implement to avoid, minimize, mitigate, and monitor incidental take of 
the covered species. We are making the ITP application, including the 
NEPA environmental action statement for a categorical exclusion 
available for public review and comment.

Background

    Section 9 of the ESA prohibits the take of fish and wildlife 
species listed as endangered or threatened under section 4 of the ESA. 
Under the ESA, the term ``take'' means to harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined 
in our regulations, includes significant habitat modification or 
degradation that results in death or injury to listed species by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3).
    However, under specified circumstances, the Service may issue 
permits that authorize take of federally listed species, provided the 
take is incidental to, but not the purpose of, an otherwise lawful 
activity. Regulations governing permits for endangered and threatened 
species are at 50 CFR 17.22 and 17.32, respectively. Section 
10(a)(1)(B) of the ESA contains provisions for issuing such incidental 
take permits to non-Federal entities for the take of endangered and 
threatened species, provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicant will prepare a conservation plan that, to the 
maximum extent practicable, identifies the steps the applicant will 
take to minimize and mitigate the impact of such taking;
    (3) The applicant will ensure that adequate funding for the plan 
will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and

[[Page 3805]]

    (5) The applicant will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the plan.

Proposed Action

    The Service proposes to issue the requested ITP based on the 
applicant's commitment to implement the renewed 2002 HCP for Hawaiian 
stilt at the Cyanotech aquaculture facility, Keahole Point, Hawaii. On 
March 18, 2002, the Service approved Cyanotech's HCP and issued an ITP 
with a duration of 3 years for take of the endangered Hawaiian stilt 
incidental to ongoing operations and maintenance activities of the 
aquaculture facility. In September 2006, the Service permitted a 10-
year extension of the ITP, which expired in March 2016. The 2006 ITP 
authorizes take of the covered species so long as the total number of 
stilts fledged at off-site locations is greater than the number of 
stilts incidentally taken over the ten-year permit term. In October 
2015, Cyanotech submitted an application for renewal of the ITP and the 
HCP for an additional 19 years, until 2035. This request is being 
considered pursuant to section 10(a)(1)(B) of the ESA.
    Cyanotech proposes to continue normal microalgae operations, daily 
monitoring and maintenance at its aquaculture facility, and 
implementation of minimization measures described in their 2002 HCP and 
2006 HCP amendment until 2035. All provisions for reporting, 
monitoring, adaptive management, and funding assurances from the 
original HCP will be maintained. Cyanotech currently has a net 
mitigation offset of 32 fledglings, and incidental take is not expected 
to exceed 1 stilt fledgling per year. Therefore, it is expected that 
the current offset of 32 fledglings is sufficient to compensate for 
take of an additional 20 Hawaiian stilt fledglings over the 19-year 
permit renewal term. No additional compensatory mitigation is being 
proposed.

National Environmental Policy Act Compliance

    The proposed issuance of an ITP is a Federal action that triggers 
the need for compliance with NEPA (42 U.S.C. 4321 et seq). Pursuant to 
NEPA, we prepared an Environmental Action Statement (EAS) to analyze 
the environmental impacts of the proposed Federal action of issuing the 
requested ITP and implementation of the conservation program under the 
HCP.
    Based on the EAS, we have preliminarily determined that the 
proposed renewal of the ITP and HCP would have minor or negligible 
effects on the species covered in the HCP. Therefore, we determined 
that the proposed HCP permit renewal qualifies for a categorical 
exclusion under NEPA, as provided by the Department of the Interior 
NEPA regulations (43 CFR part 46).

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, will be available for public inspection by appointment, 
during normal business hours, at our Pacific Islands Field Office (see 
ADDRESSES).

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 
and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6).

Katherine B. Hollar,
Acting Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2019-02163 Filed 2-12-19; 8:45 am]
 BILLING CODE 4333-15-P