Proposed Programmatic Candidate Conservation Agreement With Assurances for the Island Marble Butterfly in San Juan County, Washington, 23064-23066 [2019-10553]
Download as PDF
<![CDATA[
jbell on DSK3GLQ082PROD with NOTICES
23064
Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Notices
Consistent with the requirements of
Executive Order (E.O.) 13771, Reducing
Regulation and Controlling Regulatory
Costs, and E.O. 13777, Enforcing the
Regulatory Reform Agenda, TSA is also
requesting comments on the extent to
which this request for information could
be modified to reduce the burden on
respondents.
boarding pass printing result to the
aircraft operators.
Number of Respondents: 411.1
Estimated Annual Burden Hours: An
estimated 67,147 hours annually.
Information Collection Requirement
[FR Doc. 2019–10555 Filed 5–20–19; 8:45 am]
Title: Secure Flight Program.
Type of Request: Extension of a
currently approved collection.
OMB Control Number: 1652–0046.
Forms(s): N/A.
Affected Public: Aircraft operators,
airport operators.
Abstract: TSA collects information
from covered aircraft operators,
including foreign air carriers, in order to
prescreen passengers under the Secure
Flight Program. The information
collected under the Secure Flight
Program is used for watchlist-matching,
for matching against lists of known
travelers, and to assess passenger risk
(e.g., to identify passengers who present
lower risk and may be eligible for
expedited screening). The collection
covers:
(1) Secure Flight Passenger Data
(SFPD) for passengers of covered
domestic and international flights
within, to, from, or over the continental
United States, as well as flights between
two foreign locations when operated by
a covered U.S. aircraft operator.
(2) SFPD for passengers of charter
operators and lessors of aircraft with a
maximum takeoff weight of over 12,500
pounds.
(3) Certain identifying information for
non-traveling individuals that airport
operators or airport operator points of
contact seek to authorize to enter a
sterile area at a U.S. airport (e.g., to
patronize a restaurant, to escort a minor
or a passenger with disabilities, or for
another approved purpose).
(4) Registration information critical to
deployment of Secure Flight, such as
contact information, data format, or the
mechanism the covered aircraft
operators use to transmit SFPD and
other data.
(5) Lists of low-risk individuals who
are eligible for expedited screening
provided by Federal and non-federal
entities. In support of TSA Pre✓®, TSA
implemented expedited screening of
known or low-risk travelers. Federal and
non-federal list entities provide TSA
with a list of eligible low-risk
individuals to be used as part of Secure
Flight processes. Secure Flight identifies
individuals who should receive low risk
screening and transmits the appropriate
BILLING CODE 9110–05–P
VerDate Sep<11>2014
17:50 May 20, 2019
Jkt 247001
Dated: May 15, 2019.
Christina A. Walsh,
Paperwork Reduction Act Officer,
Information Technology.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2019–N024;
FXES11140100000–190–FF01E00000]
Proposed Programmatic Candidate
Conservation Agreement With
Assurances for the Island Marble
Butterfly in San Juan County,
Washington
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an enhancement of survival (EOS)
permit application from the Washington
Department of Fish and Wildlife
pursuant to the Endangered Species Act
(ESA). The requested permit would
authorize the incidental take of the
island marble butterfly, proposed for
listing as endangered, should the
species become federally listed under
the ESA. The permit application
includes a proposed candidate
conservation agreement with assurances
(CCAA) that describes the habitat
management actions that will be taken
for the conservation of the island marble
butterfly. We announce the availability
of a draft environmental action
statement addressing the CCAA and
proposed permit. We invite the public
to review and comment on the
documents.
SUMMARY:
To ensure consideration, please
submit written comments by June 20,
2019.
DATES:
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 ‘‘Island Marble Butterfly
CCAA.’’
ADDRESSES:
1 In the 60-day notice, TSA inaccurately provided
the number of annual responses, 4,660,363, instead
of the number of annual respondents, 411.
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
• Internet: Documents may be viewed
or downloaded on the internet at https://
www.fws.gov/wafwo/.
• Email: wfwo_lr@fws.gov.
• U.S. Mail: Acting State Supervisor,
Public Comments Processing, Attn:
FWS–R1–ES–2019–N024; U.S. Fish and
Wildlife Service; 510 Desmond Drive
SE, Suite 102, Lacey, WA 98503.
• In-Person Drop-off, Viewing or
Pickup: Call 360–753–6046 to make an
appointment (necessary for viewing or
picking up documents only), during
regular business hours at the above
address. Written comments can be
dropped off during regular business
hours at the above address on or before
the closing date of the public comment
period (see DATES).
FOR FURTHER INFORMATION CONTACT: Tom
McDowell, U.S. Fish and Wildlife
Service (see ADDRESSES); telephone:
360–753–6046; facsimile: 360–753–
9405. 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 application
from the Washington Department of
Fish and Wildlife (WDFW) for an EOS
permit pursuant to section 10(a)(1)(A) of
the Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.). The requested 15year permit would authorize the
incidental take of the island marble
butterfly (Euchloe ausonides insulanus),
which is proposed to be federally listed
as endangered, in the event it becomes
listed, in exchange for habitat
conservation actions that are expected
to provide a net conservation benefit for
the species. The application includes a
proposed programmatic candidate
conservation agreement with assurances
(CCAA) that describes the existing
baseline conditions and the activities
that are intended to produce a net
conservation benefit for the island
marble butterfly on private and county
lands on San Juan and Lopez Islands in
San Juan County, Washington. NonFederal property owners may continue
to enroll in this CCAA so long as the
CCAA remains in effect and the island
marble butterfly is not listed as
endangered under the ESA.
Background
Section 9 of the ESA prohibits the
‘‘take’’ of fish and wildlife species listed
as endangered or threatened. 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
E:\FR\FM\21MYN1.SGM
21MYN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Notices
results in death or injury to listed
species by significantly impairing
essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR
17.3). The term ‘‘harass’’ is defined in
our regulations as an intentional or
negligent act or omission which creates
the likelihood of injury to wildlife by
annoying it to such an extent as to
significantly disrupt normal behavioral
patterns, which include, but are not
limited to, breeding, feeding, or
sheltering (50 CFR 17.3). Under
specified circumstances, however, we
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 species are at 50 CFR 17.22.
Under a CCAA, private and other nonFederal property owners voluntarily
undertake management activities on
their properties to enhance, restore, or
maintain habitat to benefit species that
are candidates or proposed for listing
under the ESA. An ESA section
10(a)(1)(A) enhancement-of-survival
permit is issued to the agreement
participant providing a specific level of
incidental take coverage should the
property owner’s agreed-upon
conservation measures and routine
property-management actions (e.g.,
agricultural, ranching, or forestry
activities) result in take of the covered
species if the covered species is listed.
Through a CCAA and associated
enhancement of survival permit, issued
pursuant to section 10(a)(1)(A) of the
ESA, non-Federal property owners agree
to implement conservation efforts for
covered species, and the Service
provides assurances to property owners
that they will not be subjected to
additional conservation measures nor
additional land, water, or resource use
restrictions beyond those the property
owner voluntarily committed to under
the terms of the original agreement.
Application requirements and
issuance criteria for EOS permits for
CCAAs are found in the Code of
Regulations (CFR) at 50 CFR 17.22(d)
and 17.32(d), respectively. See also our
joint policy on CCAAs, which we
published in the Federal Register with
the Department of Commerce’s National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service (64 FR 32726; June 17,
1999).
On April 12, 2018, the Service
published in the Federal Register a
proposed rule to list the island marble
butterfly as endangered and to designate
critical habitat for the species (83 FR
15900). In anticipation of the potential
listing of the island marble butterfly
VerDate Sep<11>2014
17:50 May 20, 2019
Jkt 247001
under the ESA, WDFW requested
assistance from the Service in
developing a CCAA addressing this
species on behalf of private landowners
and San Juan County on San Juan and
Lopez Islands, Washington.
The island marble butterfly was
historically known from just two areas
along the southeast coast of Vancouver
Island, British Columbia, Canada: The
Greater Victoria area at the southern end
of Vancouver Island; and near Nanaimo
and on adjacent Gabriola Island. The
last known specimen of the island
marble butterfly from Canada was
collected in 1908 on Gabriola Island,
and the species is now considered
extirpated from the province. After 90
years without a documented occurrence,
the island marble butterfly was
rediscovered in 1998 on San Juan
Island, San Juan County, Washington.
Subsequent surveys in suitable habitat
across southeastern Vancouver Island
and the Gulf Islands in Canada, as well
as the San Juan Islands and six adjacent
counties in the United States (Whatcom,
Skagit, Snohomish, Jefferson, Clallam,
and Island counties), revealed only two
other occupied areas: One on San Juan
Island and another on Lopez Island.
Since 2006, the number and distribution
of island marble butterfly populations
have declined. Habitat has been lost
through conversion and degradation,
particularly from agricultural and
residential development, plant
community succession and changes
associated with invasive plants, and
herbivory of host plants (and the
resulting indirect predation on butterfly
eggs and larvae) by deer. The island
marble butterfly is presently only
known to occur in a single area centered
on American Camp at San Juan Island
National Historical Park, including
small areas of land immediately east
and west adjoining the National Park.
This currently occupied area is located
at the southern tip of San Juan Island.
Proposed Action
The Proposed Action is issuance of a
requested 15-year Permit with the
option for renewal based on WDFW’s
commitment to implement the proposed
CCAA, including issuance of certificates
of inclusion to participating non-Federal
landowners. The proposed CCAA would
implement conservation measures that
contribute to the recovery of the island
marble butterfly. The take authorization
under the proposed permit becomes
effective if the species is listed, as long
as the enrolled landowner is in
compliance with the terms and
conditions of their certificate of
inclusion and the EOS permit. The
CCAA ‘‘emphasis areas’’ are the
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
23065
expansive, non-forested, open areas
within the agricultural and residential
landscape within the central valley on
San Juan Island, the central valley on
Lopez Island, and areas adjacent to
American Camp within the San Juan
Island National Historical Park. The
combined CCAA covered area totals
approximately 8,800 acres. However,
landowners with open areas outside of
these emphasis areas may also enroll in
the CCAA. Primary conservation
measures implemented under the CCAA
include habitat patch establishment/
creation, habitat patch maintenance,
habitat patch management, avoiding
development of detrimental habitat, and
optional deer management (fencing or
lethal control). Additional conservation
measures include allowing resource
agency staff to monitor habitat patches
and use of habitat patches by the
butterfly, and to salvage/rescue the
butterfly when necessary. Covered
landowner activities include ongoing
agricultural, ranching, recreational, and
transportation use/maintenance
activities, and ongoing activities
associated with enrollee occupancy
(e.g., property management and
maintenance), in addition to the
implementation of CCAA conservation
measures.
The draft EAS now available for
public review (see ADDRESSES) includes
a finding that the proposed CCAA and
permit decision may be eligible for a
categorical exclusion under the National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). We are making the
permit application package, including
the proposed CCAA and draft EAS,
available for public review and
comment.
Public Comments
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. We request
data, comments, new information, or
suggestions from the public, other
concerned governmental agencies, the
scientific community, Tribes, industry,
or any other interested party on our
proposed Federal action, including the
adequacy of the CCAA pursuant to the
requirements for permits at 50 CFR parts
13 and 17, and adequacy of the EAS
pursuant to NEPA.
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
E:\FR\FM\21MYN1.SGM
21MYN1
23066
Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Notices
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 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
Washington Fish and Wildlife Office
(see ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Authority
Seward Meridian, Alaska
T. 8 N., R. 71 W.
U.S. Survey No. 5118, accepted April 30,
2019, situated within:
We provide this notice in accordance
with the requirements of section 10 of
the ESA (16 U.S.C. 1531 et seq.) and
NEPA (42 U.S.C. 4321 et seq.), and their
implementing regulations (50 CFR 17.22
and 40 CFR 1506.6, respectively).
Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish
and Wildlife Service.
BILLING CODE 4333–15–P
Seward Meridian, Alaska
T. 17 N., R. 56 W.
U.S. Survey No. 14465, accepted April 30,
2019, situated within:
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Seward Meridian, Alaska
T. 8 S., R. 31 W.
U.S. Survey No. 14482, accepted April 30,
2019, situated within:
[LLAK940000.L14100000.BX0000
.19X.LXSS001L0100]
Filing of Plats of Survey: Alaska
Seward Meridian, Alaska
T. 23 S., R. 50 W.
Bureau of Land Management,
Interior.
Notice of official filing.
ACTION:
The plats of survey of lands
described in this notice are scheduled to
be officially filed in the Bureau of Land
Management (BLM), Alaska State Office,
Anchorage, Alaska. These surveys were
executed at the request of the Bureau of
Indian Affairs (BIA) and the BLM, and
are necessary for the management of
these lands.
DATES: The BLM must receive protests
by June 20, 2019.
ADDRESSES: You may buy a copy of the
plats from the BLM Alaska Public
Information Center, 222 W. 7th Avenue,
Mailstop 13, Anchorage, AK 99513.
Please use this address when filing
written protests. You may also view the
plats at the BLM Alaska Public
Information Center, Fitzgerald Federal
Building, 222 W. 8th Avenue,
Anchorage, Alaska, at no cost.
jbell on DSK3GLQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:50 May 20, 2019
Jkt 247001
Seward Meridian, Alaska
T. 4 S., R. 30 W.
U.S. Survey No. 8672, accepted April 30,
2019, situated within:
Seward Meridian, Alaska
T. 4 S., R. 27 W.
U.S. Survey No. 9921, accepted April 26,
2019, situated within:
[FR Doc. 2019–10553 Filed 5–20–19; 8:45 am]
AGENCY:
Douglas N. Haywood, Chief, Branch of
Cadastral Survey, Alaska State Office,
Bureau of Land Management, 222 W.
7th Avenue, Anchorage, AK 99513;
907–271–5481; dhaywood@blm.gov.
People who use a telecommunications
device for the deaf may call the Federal
Relay Service (FRS) at 1–800–877–8339
to contact the BLM during normal
business hours. The FRS 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: The lands
surveyed are:
U.S. Survey No. 4117, accepted April
26, 2019, situated within:
Copper River, Alaska
T. 73 S., R. 84 E., accepted April 30, 2019
Fairbanks Meridian, Alaska
T. 4 S., R. 8 W., accepted April 18, 2019
T. 18 S., R. 7 W., accepted April 18, 2019
Seward Meridian, Alaska
T. 5 S., R. 43 W., accepted April 18, 2019
T. 29 N., R. 1 E., accepted May 7, 2019
T. 29 N., R. 1 W., accepted May 7, 2019
T. 29 N., R. 2 E., accepted May 7, 2019
T. 29 N., R. 2 W., accepted May 7, 2019
T. 29 N., R. 3 E., accepted May 7, 2019
T. 29 N., R. 4 E., accepted May 7, 2019
T. 29 N., R. 5 E., accepted May 7, 2019
T. 29 N., R. 6 E., accepted May 7, 2019
T. 29 N., R. 7 E., accepted May 7, 2019
T. 30 N., R. 1 E., accepted May 7, 2019
T. 30 N., R. 1 W., accepted May 7, 2019
T. 30 N., R. 2 E., accepted May 7, 2019
T. 30 N., R. 2 W., accepted May 7, 2019
T. 30 N., R. 3 E., accepted May 7, 2019
T. 30 N., R. 4 E., accepted May 7, 2019
T. 30 N., R. 5 E., accepted May 7, 2019
T. 30 N., R. 6 E., accepted May 7, 2019
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
T. 30 N., R. 7 E., accepted May 7, 2019
T. 31 N., R. 1 E., accepted May 8, 2019
T. 31 N., R. 1 W., accepted May 8, 2019
T. 31 N., R. 2 E., accepted May 8, 2019
T. 31 N., R. 3 E., accepted May 8, 2019
T. 31 N., R. 4 E., accepted May 8, 2019
T. 31 N., R. 5 E., accepted May 8, 2019
T. 31 N., R. 6 E., accepted May 8, 2019
T. 31 N., R. 7 E., accepted May 8, 2019
T. 32 N., R. 1 E., accepted May 9, 2019
T. 32 N., R. 1 W., accepted May 9, 2019
T. 32 N., R. 2 E., accepted May 9, 2019
T. 32 N., R. 3 E., accepted May 9, 2019
T. 32 N., R. 4 E., accepted May 9, 2019
T. 32 N., R. 5 E., accepted May 9, 2019
T. 32 N., R. 6 E., accepted May 9, 2019
T. 32 N., R. 7 E., accepted May 9, 2019
T. 33 N., R. 1 E., accepted May 9, 2019
T. 33 N., R. 1 W., accepted May 9, 2019
T. 33 N., R. 2 E., accepted May 9, 2019
A person or party who wishes to
protest one or more plats of survey
identified above must file a written
notice of protest with the State Director
for the BLM in Alaska. The notice of
protest must identify the plat(s) of
survey that the person or party wishes
to protest. You must file the notice of
protest before the scheduled date of
official filing for the plat(s) of survey
being protested. The BLM will not
consider any notice of protest filed after
the scheduled date of official filing. A
notice of protest is considered filed on
the date it is received by the State
Director for the BLM in Alaska during
regular business hours; if received after
regular business hours, a notice of
protest will be considered filed the next
business day. A written statement of
reasons in support of a protest, if not
filed with the notice of protest, must be
filed with the State Director for the BLM
in Alaska within 30 calendar days after
the notice of protest is filed.
If a notice of protest against a plat of
survey is received prior to the
scheduled date of official filing, the
official filing of the plat of survey
identified in the notice of protest will be
stayed pending consideration of the
protest. A plat of survey will not be
officially filed until the dismissal or
resolution of all protests of the plat.
Before including your address, phone
number, email address, or other
personally identifiable information in a
notice of protest or statement of reasons,
you should be aware that the documents
you submit, including your personally
identifiable information, may be made
publicly available in their entirety at
any time. While you can ask the BLM
to withhold your personally identifiable
information from public review, we
cannot guarantee that we will be able to
do so.
E:\FR\FM\21MYN1.SGM
21MYN1
]]>Agencies
[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Notices]
[Pages 23064-23066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10553]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2019-N024; FXES11140100000-190-FF01E00000]
Proposed Programmatic Candidate Conservation Agreement With
Assurances for the Island Marble Butterfly in San Juan County,
Washington
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 enhancement of survival (EOS) permit application from the
Washington Department of Fish and Wildlife pursuant to the Endangered
Species Act (ESA). The requested permit would authorize the incidental
take of the island marble butterfly, proposed for listing as
endangered, should the species become federally listed under the ESA.
The permit application includes a proposed candidate conservation
agreement with assurances (CCAA) that describes the habitat management
actions that will be taken for the conservation of the island marble
butterfly. We announce the availability of a draft environmental action
statement addressing the CCAA and proposed permit. We invite the public
to review and comment on the documents.
DATES: To ensure consideration, please submit written comments by June
20, 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 ``Island Marble Butterfly
CCAA.''
Internet: Documents may be viewed or downloaded on the
internet at https://www.fws.gov/wafwo/.
Email: [email protected].
U.S. Mail: Acting State Supervisor, Public Comments
Processing, Attn: FWS-R1-ES-2019-N024; U.S. Fish and Wildlife Service;
510 Desmond Drive SE, Suite 102, Lacey, WA 98503.
In-Person Drop-off, Viewing or Pickup: Call 360-753-6046
to make an appointment (necessary for viewing or picking up documents
only), during regular business hours at the above address. Written
comments can be dropped off during regular business hours at the above
address on or before the closing date of the public comment period (see
DATES).
FOR FURTHER INFORMATION CONTACT: Tom McDowell, U.S. Fish and Wildlife
Service (see ADDRESSES); telephone: 360-753-6046; facsimile: 360-753-
9405. 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 application from
the Washington Department of Fish and Wildlife (WDFW) for an EOS permit
pursuant to section 10(a)(1)(A) of the Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.). The requested 15-year permit would authorize the
incidental take of the island marble butterfly (Euchloe ausonides
insulanus), which is proposed to be federally listed as endangered, in
the event it becomes listed, in exchange for habitat conservation
actions that are expected to provide a net conservation benefit for the
species. The application includes a proposed programmatic candidate
conservation agreement with assurances (CCAA) that describes the
existing baseline conditions and the activities that are intended to
produce a net conservation benefit for the island marble butterfly on
private and county lands on San Juan and Lopez Islands in San Juan
County, Washington. Non-Federal property owners may continue to enroll
in this CCAA so long as the CCAA remains in effect and the island
marble butterfly is not listed as endangered under the ESA.
Background
Section 9 of the ESA prohibits the ``take'' of fish and wildlife
species listed as endangered or threatened. 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
[[Page 23065]]
results in death or injury to listed species by significantly impairing
essential behavioral patterns, including breeding, feeding, or
sheltering (50 CFR 17.3). The term ``harass'' is defined in our
regulations as an intentional or negligent act or omission which
creates the likelihood of injury to wildlife by annoying it to such an
extent as to significantly disrupt normal behavioral patterns, which
include, but are not limited to, breeding, feeding, or sheltering (50
CFR 17.3). Under specified circumstances, however, we 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 species are at 50 CFR
17.22.
Under a CCAA, private and other non-Federal property owners
voluntarily undertake management activities on their properties to
enhance, restore, or maintain habitat to benefit species that are
candidates or proposed for listing under the ESA. An ESA section
10(a)(1)(A) enhancement-of-survival permit is issued to the agreement
participant providing a specific level of incidental take coverage
should the property owner's agreed-upon conservation measures and
routine property-management actions (e.g., agricultural, ranching, or
forestry activities) result in take of the covered species if the
covered species is listed. Through a CCAA and associated enhancement of
survival permit, issued pursuant to section 10(a)(1)(A) of the ESA,
non-Federal property owners agree to implement conservation efforts for
covered species, and the Service provides assurances to property owners
that they will not be subjected to additional conservation measures nor
additional land, water, or resource use restrictions beyond those the
property owner voluntarily committed to under the terms of the original
agreement.
Application requirements and issuance criteria for EOS permits for
CCAAs are found in the Code of Regulations (CFR) at 50 CFR 17.22(d) and
17.32(d), respectively. See also our joint policy on CCAAs, which we
published in the Federal Register with the Department of Commerce's
National Oceanic and Atmospheric Administration, National Marine
Fisheries Service (64 FR 32726; June 17, 1999).
On April 12, 2018, the Service published in the Federal Register a
proposed rule to list the island marble butterfly as endangered and to
designate critical habitat for the species (83 FR 15900). In
anticipation of the potential listing of the island marble butterfly
under the ESA, WDFW requested assistance from the Service in developing
a CCAA addressing this species on behalf of private landowners and San
Juan County on San Juan and Lopez Islands, Washington.
The island marble butterfly was historically known from just two
areas along the southeast coast of Vancouver Island, British Columbia,
Canada: The Greater Victoria area at the southern end of Vancouver
Island; and near Nanaimo and on adjacent Gabriola Island. The last
known specimen of the island marble butterfly from Canada was collected
in 1908 on Gabriola Island, and the species is now considered
extirpated from the province. After 90 years without a documented
occurrence, the island marble butterfly was rediscovered in 1998 on San
Juan Island, San Juan County, Washington. Subsequent surveys in
suitable habitat across southeastern Vancouver Island and the Gulf
Islands in Canada, as well as the San Juan Islands and six adjacent
counties in the United States (Whatcom, Skagit, Snohomish, Jefferson,
Clallam, and Island counties), revealed only two other occupied areas:
One on San Juan Island and another on Lopez Island. Since 2006, the
number and distribution of island marble butterfly populations have
declined. Habitat has been lost through conversion and degradation,
particularly from agricultural and residential development, plant
community succession and changes associated with invasive plants, and
herbivory of host plants (and the resulting indirect predation on
butterfly eggs and larvae) by deer. The island marble butterfly is
presently only known to occur in a single area centered on American
Camp at San Juan Island National Historical Park, including small areas
of land immediately east and west adjoining the National Park. This
currently occupied area is located at the southern tip of San Juan
Island.
Proposed Action
The Proposed Action is issuance of a requested 15-year Permit with
the option for renewal based on WDFW's commitment to implement the
proposed CCAA, including issuance of certificates of inclusion to
participating non-Federal landowners. The proposed CCAA would implement
conservation measures that contribute to the recovery of the island
marble butterfly. The take authorization under the proposed permit
becomes effective if the species is listed, as long as the enrolled
landowner is in compliance with the terms and conditions of their
certificate of inclusion and the EOS permit. The CCAA ``emphasis
areas'' are the expansive, non-forested, open areas within the
agricultural and residential landscape within the central valley on San
Juan Island, the central valley on Lopez Island, and areas adjacent to
American Camp within the San Juan Island National Historical Park. The
combined CCAA covered area totals approximately 8,800 acres. However,
landowners with open areas outside of these emphasis areas may also
enroll in the CCAA. Primary conservation measures implemented under the
CCAA include habitat patch establishment/creation, habitat patch
maintenance, habitat patch management, avoiding development of
detrimental habitat, and optional deer management (fencing or lethal
control). Additional conservation measures include allowing resource
agency staff to monitor habitat patches and use of habitat patches by
the butterfly, and to salvage/rescue the butterfly when necessary.
Covered landowner activities include ongoing agricultural, ranching,
recreational, and transportation use/maintenance activities, and
ongoing activities associated with enrollee occupancy (e.g., property
management and maintenance), in addition to the implementation of CCAA
conservation measures.
The draft EAS now available for public review (see ADDRESSES)
includes a finding that the proposed CCAA and permit decision may be
eligible for a categorical exclusion under the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We are making the permit
application package, including the proposed CCAA and draft EAS,
available for public review and comment.
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We request data, comments, new
information, or suggestions from the public, other concerned
governmental agencies, the scientific community, Tribes, industry, or
any other interested party on our proposed Federal action, including
the adequacy of the CCAA pursuant to the requirements for permits at 50
CFR parts 13 and 17, and adequacy of the EAS pursuant to NEPA.
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
[[Page 23066]]
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 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 Washington Fish and Wildlife Office (see ADDRESSES).
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321
et seq.), and their implementing regulations (50 CFR 17.22 and 40 CFR
1506.6, respectively).
Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish and Wildlife Service.
[FR Doc. 2019-10553 Filed 5-20-19; 8:45 am]
BILLING CODE 4333-15-P
