Proposed Programmatic Candidate Conservation Agreement With Assurances for the Island Marble Butterfly in San Juan County, Washington, 23064-23066 [2019-10553]

Download as PDF 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 http:// 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]


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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.

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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 http://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