Proposed Safe Harbor Agreement for Streaked Horned Lark Habitat Restoration, Linn County, Oregon, 74372-74374 [2020-25697]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 74372 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices program for the net conservation benefit of the DSL although implementation intends to complement other DSL conservation efforts, including the Texas Conservation Plan, Natural Resource Conservation Service programs, and the New Mexico conservation programs. As stated in the draft CCAA, the requested term of the permit would be up to 23 years from the date the permit is signed and the CCAA is approved. The permit could be issued for a shorter duration. The permit, and subsequent CIs, would become effective and authorize incidental take of the DSL should the DSL become federally listed during the life of the permit and CCAA, as long as the applicant and enrolled participants are in compliance with the terms and conditions of the CCAA, permit, and individual CIs. The permit, and subsequent CIs, would authorize incidental ‘‘take’’ of the DSL associated with implementation of covered activities. Because take of individual DSL would be difficult to detect, take of DSL would be quantified using the acres of suitable DSL habitat impacted through implementation of covered activities by participants in the CCAA. As proposed in the CCAA, the permit could authorize incidental take of DSL associated with impacts to up to 34,690 acres of suitable DSL habitat within the Plan Area which the permit application estimates as approximately 12 percent of modeled DSL habitat within Texas. The applicant has developed, and proposes to implement, the CCAA. This CCAA is a conservation strategy that includes such actions and measures the applicant and enrolled participants have voluntarily agreed to undertake. These actions and measures include potentially acquiring conservation easements, and the implementation of selected avoidance and minimization measures to reduce habitat loss and fragmentation in high and intermediate suitability DSL habitat areas. As stated in the issuance criteria, the implementation of the conservation strategy must be reasonably expected to provide a net conservation benefit and to improve the status of the species. Status refers to the populations of the species on the enrolled property, or in this case the covered area in the CCAA. Alternatives At this time, we are considering one alternative to the proposed action as part of this process, the No Action Alternative. However, the proposed action could also be modified either in response to public and stakeholder VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 comments or to achieve issuance criterion. Under No Action Alternative, the Service would not issue the permit, and therefore this CCAA would not be available. Next Steps We will evaluate the permit application, draft CCAA, draft EA, associated documents, and comments we receive during the comment period to determine whether the permit application meets the requirements of ESA, NEPA, and implementing regulations. If we determine that all requirements are met, we will approve the CCAA and issue the permit under section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) to the applicant in accordance with the terms of the CCAA and specific terms and conditions of the authorizing permit. We will not make our final decision until after the 30-day comment period ends, and we have fully considered all comments received during the public comment period. Public Availability of Comments All comments we receive become part of the public record associated with this action. Requests for copies of comments will be handled in accordance with the Freedom of Information Act, NEPA, and Service and Department of the Interior policies and procedures. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us 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. Authority We provide this notice under the authority of section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6). Amy L. Lueders. Regional Director, Southwest Region, U.S. Fish and Wildlife Service. [FR Doc. 2020–25685 Filed 11–19–20; 8:45 am] BILLING CODE 4333–15–P PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–ES–2020–N118; FXES11140100000–201–FF01E00000] Proposed Safe Harbor Agreement for Streaked Horned Lark Habitat Restoration, Linn County, Oregon 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 permit application from Scott Erion pursuant to the Endangered Species Act of 1973 for streaked horned lark (lark) which is federally listed as threatened. The permit application includes a draft safe harbor agreement (SHA) developed for the conservation of the lark. The permit if issued would authorize the incidental take of the lark associated with habitat management actions intended to benefit the lark. We have prepared a draft environment action statement (EAS) for our preliminary determination that the proposed SHA and permit issuance may be eligible for categorical exclusion under the National Environmental Policy Act. We are making the permit application package, including the proposed SHA and draft EAS, available for public review and comment. DATES: To ensure consideration, written comments must be received from interested parties no later than December 21, 2020. ADDRESSES: To view documents, 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 ‘‘Erion Property SHA.’’ • Internet: Documents may be viewed on the internet at http://www.fws.gov/ oregonfwo/. • Email: FW1ErionSHAcomments@ fws.gov. • U.S. Mail: State Supervisor, U.S. Fish and Wildlife Service; 2600 SE 98th Avenue, Suite 100; Portland, OR 97266. FOR FURTHER INFORMATION CONTACT: Elise Brown, U.S. Fish and Wildlife Service (see ADDRESSES); telephone: 503–231–6179; facsimile: 503–231– 6195. If you use a telecommunications device for the deaf, please call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), have received an enhancement of survival permit application from Scott Erion pursuant to section 10(a)(1)(A) of SUMMARY: E:\FR\FM\20NON1.SGM 20NON1 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested permit would authorize the incidental take of the streaked horned lark (Eremophila alpestris strigata) resulting from the habitat management activities that are expected to provide a net conservation benefit for the species. The permit application includes a proposed safe harbor agreement (SHA) that describes the existing baseline conditions, and the activities that are intended to produce a net conservation benefit for the lark. Background Under a SHA, participating landowners voluntarily undertake management activities on their property to enhance, restore, or maintain habitat benefiting species listed under the ESA. SHAs, and the subsequent enhancement of survival permits that are issued pursuant to section 10(a)(1)(A) of the ESA, encourage private and other nonfederal property owners to implement conservation efforts for listed species by providing assurances that they will not be subjected to increased property use restrictions as a result of their efforts to attract listed species to their property, or to increase the numbers or distribution of listed species already on their property. Application requirements and issuance criteria for enhancement of survival permits through SHAs for threatened species are found in 50 CFR 17.32(c). As provided for in the Service’s final Safe Harbor Policy (64 FR 32717; June 17, 1999), SHAs provide assurances that allow the property owner to alter or modify their enrolled property, even if such alteration or modification results in the incidental take of listed species to such an extent that it returned the species back to the originally agreed upon baseline conditions. 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). 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 VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 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. We listed the streaked horned lark as a threatened species, designated critical habitat, and issued a special rule on October 3, 2013 (78 FR 61452). The special rule, issued under section 4(d) the ESA, exempts some land management activities including certain common practices by agricultural operations, and noxious weed control activities, on non-federal land from take prohibitions of section 9 of the ESA and our regulations in order to provide for the conservation of the lark. The listing and 4(d) rule were challenged in court, see Center for Biological Diversity v. Zinke, No. 3:18–cv–00359 (D. Or.), resulting in a remand of the rule to the Service, although the rule was not vacated during the remand. The Service will submit an updated proposed listing determination for the lark, including reconsideration of the 4(d) rule if appropriate, to the Federal Register by March 21, 2021. Historically, the lark was likely distributed throughout grassland habitats found in the Willamette Valley, Oregon, as well as ranging from southern British Columbia, Canada, the Puget lowlands of Washington, and south to valleys in southwestern Oregon. Currently, the lark’s range has been constricted due to various factors, but in Oregon the species still commonly breeds in Benton, Lane, Linn, Marion, Polk, Clackamas, Washington, and Yamhill Counties— with large populations occurring on lands that are part of the Service’s Willamette Valley National Wildlife Refuge Complex. Streaked horned lark preferred nesting habitat is bare ground, with minimal, short-statured vegetation in the immediate vicinity, but anthropogenic disturbances, such as field mowing or disposal of material dredged from water bodies, has reduced the availability of such nesting habitat within the lark’s range. At the same time, lark nesting habitat can be created from ‘‘disturbance’’ events that create bare ground—such as from prescribed fire, mowing during the spring and summer months, and field disking. Proposed Action Scott Erion and the Service jointly developed the proposed SHA for the conservation of the streaked horned lark. The physical area addressed by this proposed SHA and associated PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 74373 permit encompasses approximately 315 acres in Linn County, Oregon (‘‘enrolled lands’’), which are located within the range of larks. The Service determined that the baseline condition for the SHA and associated permit, is zero larks. This baseline was determined through surveys conducted before management activities for the benefit of the lark commenced. The enrolled lands are being retired from agricultural usage and being converted to native prairie/ wetland habitats common to the Willamette Valley. Management actions occurring under this proposed SHA are intended to create and maintain habitat conditions supportive of streaked horned lark, and thus increase the distribution and abundance of larks through the development, maintenance, and enhancement of habitat. The management activities include mowing, disking, prescribed fire, herbicide application to control weeds, and reseeding with native plants. These management activities are similar to agricultural activities that can qualify for exemption from ‘‘take’’ under the current 4(d) rule for the lark. The applicant seeks the particular assurance of an SHA even if incidental take associated with the conservation management activities on the enrolled lands might otherwise be exempted under the 4(d) rule. Specific treatments and follow-up management actions will be implemented under an adaptive framework. In addition, the SHA provides for the monitoring of streaked horned lark and supporting research opportunities, as needed. The Service will provide technical assistance for implementation of the proposed SHA. The Service proposes to enter into the SHA and to issue a permit to Mr. Erion authorizing incidental take of the covered species caused by covered activities as a result of lawful activities within the enrolled lands, if permit issuance criteria are met. Both the SHA and the permit would have a term of 10 years. The draft EAS now available for public review (see ADDRESSES) indicates that the proposed SHA 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 SHA, 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 E:\FR\FM\20NON1.SGM 20NON1 74374 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices 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 adequacy of the SHA 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 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. Authority We provide this notice in accordance with the requirements of section 10(c) 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, U.S. Fish and Wildlife Service. [FR Doc. 2020–25697 Filed 11–19–20; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR U.S. Geological Survey [GX21EE000101100] Public Meeting of the National Geospatial Advisory Committee U.S. Geological Survey, Interior. ACTION: Notice of public webinar meeting. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: In accordance with the Federal Advisory Committee Act of 1972, the U.S. Geological Survey (USGS) is publishing this notice to announce that a Federal Advisory Committee meeting of the National Geospatial Advisory Committee (NGAC) will take place. SUMMARY: VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 The webinar meeting will be held on Wednesday, December 9, 2020 from 1:00 p.m. to 5:00 p.m., and on Thursday, December 10, 2020 from 1:00 p.m. to 5:00 p.m. (Eastern Daylight Time). DATES: The meeting will be held via webinar and teleconference. Send your comments to Mr. James Sayer, Group Federal Officer by email to gsfaca-mail@usgs.gov. FOR FURTHER INFORMATION CONTACT: Mr. John Mahoney, Federal Geographic Data Committee (FGDC), USGS, 909 First Avenue, Suite 800, Seattle, WA 98104; by email at jmahoney@usgs.gov; or by telephone at (206) 220–4621. SUPPLEMENTARY INFORMATION: This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix 2), the Government in the Sunshine Act of 1976 (5 U.S.C. 552B, as amended), and 41 CFR 102–3.140 and 102–3.150. Purpose of the Meeting: The NGAC provides advice and recommendations related to management of Federal and national geospatial programs, the development of the National Spatial Data Infrastructure, and the implementation of the Geospatial Data Act of 2018 and Office of Management and Budget Circular A–16. The NGAC reviews and comments on geospatial policy and management issues and provides a forum to convey views representative of non-federal stakeholders in the geospatial community. The NGAC meeting is one of the primary ways that the FGDC collaborates with its broad network of partners. Additional information about the NGAC meeting is available at: www.fgdc.gov/ngac. Agenda Topics: —FGDC Update —Geospatial Data Act Implementation —National Spatial Data Infrastructure Strategic Plan Implementation —Landsat Advisory Group —Public-Private Partnerships —Planning for 2021 NGAC Activities —Public Comments Meeting Accessibility/Special Accommodations: The webinar meeting is open to the public and will take place from 1:00 p.m. to 5:00 p.m. on December 9 and from 1:00 p.m. to 5:00 p.m. on December 10. Members of the public wishing to attend the meeting should contact Mr. John Mahoney by email at jmahoney@usgs.gov to register. Webinar/conference line instructions will be provided to registered attendees prior to the meeting. Individuals requiring special accommodations to ADDRESSES: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 access the public meeting should contact Mr. John Mahoney at the email stated above or by telephone at (206) 220–4621 at least five (5) business days prior to the meeting so that appropriate arrangements can be made. Public Disclosure of Comments: There will be an opportunity for public comment during the meeting. Depending on the number of people who wish to speak and the time available, the time for individual comments may be limited. Written comments may also be sent to the Committee for consideration. To allow for full consideration of information by the Committee members, written comments must be provided to John Mahoney, FGDC, USGS, 909 First Avenue, Seattle, WA 98104; by email at jmahoney@usgs.gov; or by telephone at (206) 220–4621, at least three (3) business days prior to the meeting. Any written comments received will be provided to the committee members before the meeting. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may 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. Authority: 5 U.S.C. Appendix 2. Kenneth M. Shaffer, Deputy Executive Director, Federal Geographic Data Committee. [FR Doc. 2020–25702 Filed 11–19–20; 8:45 am] BILLING CODE 4338–11–P DEPARTMENT OF THE INTERIOR Office of the Secretary [212D0102DM, DS6CS00000, DLSN00000.000000, DX6CS25; OMB Control Number 1090–0011] Agency Information Collection Activities; DOI Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery AGENCY: Office of the Secretary, Interior. Notice of information collection; request for comment. ACTION: In accordance with the Paperwork Reduction Act of 1995, we, the Office of the Secretary are proposing to renew an information collection. SUMMARY: E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Pages 74372-74374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25697]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2020-N118; FXES11140100000-201-FF01E00000]


Proposed Safe Harbor Agreement for Streaked Horned Lark Habitat 
Restoration, Linn County, Oregon

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 permit application from Scott Erion 
pursuant to the Endangered Species Act of 1973 for streaked horned lark 
(lark) which is federally listed as threatened. The permit application 
includes a draft safe harbor agreement (SHA) developed for the 
conservation of the lark. The permit if issued would authorize the 
incidental take of the lark associated with habitat management actions 
intended to benefit the lark. We have prepared a draft environment 
action statement (EAS) for our preliminary determination that the 
proposed SHA and permit issuance may be eligible for categorical 
exclusion under the National Environmental Policy Act. We are making 
the permit application package, including the proposed SHA and draft 
EAS, available for public review and comment.

DATES: To ensure consideration, written comments must be received from 
interested parties no later than December 21, 2020.

ADDRESSES: To view documents, 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 
``Erion Property SHA.''
     Internet: Documents may be viewed on the internet at 
http://www.fws.gov/oregonfwo/.
     Email: [email protected].
     U.S. Mail: State Supervisor, U.S. Fish and Wildlife 
Service; 2600 SE 98th Avenue, Suite 100; Portland, OR 97266.

FOR FURTHER INFORMATION CONTACT: Elise Brown, U.S. Fish and Wildlife 
Service (see ADDRESSES); telephone: 503-231-6179; facsimile: 503-231-
6195. If you use a telecommunications device for the deaf, please call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an enhancement of survival permit application 
from Scott Erion pursuant to section 10(a)(1)(A) of

[[Page 74373]]

the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The requested permit would authorize the incidental take of the 
streaked horned lark (Eremophila alpestris strigata) resulting from the 
habitat management activities that are expected to provide a net 
conservation benefit for the species. The permit application includes a 
proposed safe harbor agreement (SHA) that describes the existing 
baseline conditions, and the activities that are intended to produce a 
net conservation benefit for the lark.

Background

    Under a SHA, participating landowners voluntarily undertake 
management activities on their property to enhance, restore, or 
maintain habitat benefiting species listed under the ESA. SHAs, and the 
subsequent enhancement of survival permits that are issued pursuant to 
section 10(a)(1)(A) of the ESA, encourage private and other non-federal 
property owners to implement conservation efforts for listed species by 
providing assurances that they will not be subjected to increased 
property use restrictions as a result of their efforts to attract 
listed species to their property, or to increase the numbers or 
distribution of listed species already on their property. Application 
requirements and issuance criteria for enhancement of survival permits 
through SHAs for threatened species are found in 50 CFR 17.32(c). As 
provided for in the Service's final Safe Harbor Policy (64 FR 32717; 
June 17, 1999), SHAs provide assurances that allow the property owner 
to alter or modify their enrolled property, even if such alteration or 
modification results in the incidental take of listed species to such 
an extent that it returned the species back to the originally agreed 
upon baseline conditions.
    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). 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.
    We listed the streaked horned lark as a threatened species, 
designated critical habitat, and issued a special rule on October 3, 
2013 (78 FR 61452). The special rule, issued under section 4(d) the 
ESA, exempts some land management activities including certain common 
practices by agricultural operations, and noxious weed control 
activities, on non-federal land from take prohibitions of section 9 of 
the ESA and our regulations in order to provide for the conservation of 
the lark. The listing and 4(d) rule were challenged in court, see 
Center for Biological Diversity v. Zinke, No. 3:18-cv-00359 (D. Or.), 
resulting in a remand of the rule to the Service, although the rule was 
not vacated during the remand. The Service will submit an updated 
proposed listing determination for the lark, including reconsideration 
of the 4(d) rule if appropriate, to the Federal Register by March 21, 
2021.
    Historically, the lark was likely distributed throughout grassland 
habitats found in the Willamette Valley, Oregon, as well as ranging 
from southern British Columbia, Canada, the Puget lowlands of 
Washington, and south to valleys in southwestern Oregon. Currently, the 
lark's range has been constricted due to various factors, but in Oregon 
the species still commonly breeds in Benton, Lane, Linn, Marion, Polk, 
Clackamas, Washington, and Yamhill Counties--with large populations 
occurring on lands that are part of the Service's Willamette Valley 
National Wildlife Refuge Complex. Streaked horned lark preferred 
nesting habitat is bare ground, with minimal, short-statured vegetation 
in the immediate vicinity, but anthropogenic disturbances, such as 
field mowing or disposal of material dredged from water bodies, has 
reduced the availability of such nesting habitat within the lark's 
range. At the same time, lark nesting habitat can be created from 
``disturbance'' events that create bare ground--such as from prescribed 
fire, mowing during the spring and summer months, and field disking.

Proposed Action

    Scott Erion and the Service jointly developed the proposed SHA for 
the conservation of the streaked horned lark. The physical area 
addressed by this proposed SHA and associated permit encompasses 
approximately 315 acres in Linn County, Oregon (``enrolled lands''), 
which are located within the range of larks. The Service determined 
that the baseline condition for the SHA and associated permit, is zero 
larks. This baseline was determined through surveys conducted before 
management activities for the benefit of the lark commenced. The 
enrolled lands are being retired from agricultural usage and being 
converted to native prairie/wetland habitats common to the Willamette 
Valley.
    Management actions occurring under this proposed SHA are intended 
to create and maintain habitat conditions supportive of streaked horned 
lark, and thus increase the distribution and abundance of larks through 
the development, maintenance, and enhancement of habitat. The 
management activities include mowing, disking, prescribed fire, 
herbicide application to control weeds, and reseeding with native 
plants. These management activities are similar to agricultural 
activities that can qualify for exemption from ``take'' under the 
current 4(d) rule for the lark. The applicant seeks the particular 
assurance of an SHA even if incidental take associated with the 
conservation management activities on the enrolled lands might 
otherwise be exempted under the 4(d) rule.
    Specific treatments and follow-up management actions will be 
implemented under an adaptive framework. In addition, the SHA provides 
for the monitoring of streaked horned lark and supporting research 
opportunities, as needed. The Service will provide technical assistance 
for implementation of the proposed SHA. The Service proposes to enter 
into the SHA and to issue a permit to Mr. Erion authorizing incidental 
take of the covered species caused by covered activities as a result of 
lawful activities within the enrolled lands, if permit issuance 
criteria are met. Both the SHA and the permit would have a term of 10 
years.
    The draft EAS now available for public review (see ADDRESSES) 
indicates that the proposed SHA 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 SHA, 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

[[Page 74374]]

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 adequacy of the SHA 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 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.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) 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, U.S. Fish and Wildlife Service.
[FR Doc. 2020-25697 Filed 11-19-20; 8:45 am]
BILLING CODE 4333-15-P