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]
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[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]
=======================================================================
-----------------------------------------------------------------------
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