Endangered and Threatened Wildlife and Plants; Enhancement of Survival Permit Application; Programmatic Safe Harbor Agreement and Candidate Conservation Agreement With Assurances for 14 Aquatic Species and Associated Categorical Exclusion; State of Kansas, 51366-51367 [2021-19916]

Download as PDF 51366 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R6–ES–2021–0056; FF06E21000 212 FXES11140600000] Endangered and Threatened Wildlife and Plants; Enhancement of Survival Permit Application; Programmatic Safe Harbor Agreement and Candidate Conservation Agreement With Assurances for 14 Aquatic Species and Associated Categorical Exclusion; State of Kansas Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are announcing the availability of documents related to an application for an enhancement of survival permit (permit) under the Endangered Species Act. The Kansas Department of Wildlife and Parks has applied for a permit associated with the implementation of a programmatic safe harbor agreement (SHA) and candidate conservation agreement with assurances (CCAA) for 14 aquatic species in Kansas. The documents available for review and comment are the applicant’s programmatic SHA/CCAA, which is part of the permit application, and our draft environmental action statement and low-effect screening form, which support a categorical exclusion under the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments. DATES: We will accept comments received or postmarked on or before October 15, 2021. Comments submitted online at Regulations.gov (see ADDRESSES) must be received by 11:59 p.m. Eastern Time on October 15, 2021. ADDRESSES: Obtaining Documents: The documents this notice announces, as well as any comments and other materials that we receive, will be available for public inspection online in Docket No. FWS–R6–ES–2021–0056 at https://www.regulations.gov. Submitting Comments: To submit written comments, please use one of the following methods, and note that your information requests or comments are in reference to the Kansas Aquatic SHA/ CCAA. • Online: https://www.regulations.gov. Follow the instructions for submitting comments to Docket Number FWS–R6– ES–2021–0056. • U.S. Mail: Public Comments Processing, Attn: Docket No. FWS–R6– khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:08 Sep 14, 2021 Jkt 253001 ES–2021–0056; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. We request that you send comments by only one of the methods described above. FOR FURTHER INFORMATION CONTACT: Gibran Suleiman, by phone at 785–539– 3474, extension 114, by email at gibran_ suleiman@fws.gov, or via the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), have received an application from Kansas Department of Wildlife and Parks (KDWP, applicant). The applicant has applied for a 50-year enhancement of survival permit (permit) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The application addresses the potential take of five aquatic species associated with the implementation of a programmatic safe harbor agreement (SHA) and nine aquatic species associated with the implementation of a programmatic candidate conservation agreement with assurances (CCAA) on non-Federal lands in the State of Kansas. The documents available for review and comment are the applicant’s programmatic SHA/CCAA, which is part of the permit application, and our draft environmental action statement and low-effect screening form, which support a categorical exclusion under the National Environmental Policy Act. We invite comments on all of the documents from the public and Federal, Tribal, State, and local governments. Safe Harbor Agreements and Candidate Conservation Agreements With Assurances A SHA is an agreement between the Service, partners, and landowners, for voluntary management of non-Federal lands to contribute towards recovery of an ESA-listed species in a manner that is consistent with the Service’s policy on SHAs (64 FR 32717, June 17, 1999) and applicable regulations. A CCAA is an agreement between the Service, partners, and landowners for voluntary management of non-Federal lands to remove or reduce key threats to species that may become listed under the ESA, in a manner that is consistent with the Service’s policy on CCAAs (81 FR 95164, December 27, 2016) and applicable regulations. In return for implementing conservation measures in a SHA/CCAA, the Service gives participants assurances that the Service will not impose land, water, or resource use restrictions or conservation requirements on ESA-listed species, or PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 those that may become listed, beyond those agreed to in the SHA/CCAA. Applicant’s Programmatic Safe Harbor Agreement/Candidate Conservation Agreement With Assurances The KDWP has submitted this programmatic SHA/CCAA to facilitate the reintroduction and implementation of conservation measures for the covered species on non-Federal lands in Kansas. The documents available for review and comment are the applicant’s programmatic SHA/CCAA, which is part of the permit application, and our draft environmental action statement and low-effect screening form, which support a categorical exclusion under the National Environmental Policy Act. To enroll in the programmatic SHA/ CCAA, a non-Federal landowner would enter into a landowner agreement with KDWP to enroll all or a portion of their property under the SHA and/or CCAA. Upon signature by both parties, KDWP would issue a certificate of inclusion to the non-Federal landowner, extending assurances and take authorization to the participating landowner for the appropriate covered species. The requested permit duration is for 50 years from permit issuance. Proposed conservation measures include the introduction, reintroduction, augmentation, or translocation of the covered species, and protection or enhancement of aquatic, wetland, riparian, or adjacent upland habitats for the covered species. Conservation measures would be site-specific and developed by the participating landowner and KDWP. Incidental take of covered species may occur as a result of the implementation of conservation measures or ongoing land management activities on the enrolled lands. Covered Species The five ESA-listed species included as covered species in the SHA are the Federally threatened Neosho madtom (Noturus placidus), Arkansas River shiner (Notropis girardi), and rabbitsfoot (Quadrula cylindrica cylindrica) and the Federally endangered Topeka shiner (Notropis topeka) and Neosho mucket (Lampsilis rafinesqueana). The covered species included in the CCAA are the alligator snapping turtle (Macrochelys temminckii), peppered chub (Macrhybopsis tetranema), plains minnow (Hybognathus placitus), silver chub (Macrhybopsis storeriana), hornyhead chub (Nocomis biguttatus), butterfly mussel (Ellipsaria lineolata), fluted shell (Lasmigona costata), cylindrical papershell (Anodontoides ferussacianus), and flat floater (Anodonta suborbiculata). E:\FR\FM\15SEN1.SGM 15SEN1 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices Public Availability of Comments Written comments we receive become part of the administrative record associated with this action. 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 request in your comment that we 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 section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6 and 43 CFR 46). Stephen Small, Assistant Regional Director, Ecological Services, Mountain-Prairie Region. [FR Doc. 2021–19916 Filed 9–14–21; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R3–ES–2021–0062; FXES11140300000–212] Draft Environmental Assessment; Receipt of an Application for an Incidental Take Permit and Habitat Conservation Plan for Five Bat Species, Missouri Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment and information. AGENCY: We, the U.S. Fish and Wildlife Service, have received an application from the Missouri Department of Conservation (applicant) for an incidental take permit (ITP) under the Endangered Species Act. If approved, the permit would be for a 50year period and would authorize the incidental take of two endangered species, the Indiana bat and the gray bat; one threatened species, the northern long-eared bat; and two species petitioned for Federal listing, the little khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:08 Sep 14, 2021 Jkt 253001 brown bat and the tricolored bat. The applicant has prepared a habitat conservation plan (HCP) to cover a suite of activities associated with continued forest and habitat management within the State of Missouri. DATES: We will accept comments received or postmarked on or before October 15, 2021. ADDRESSES: Document availability: Electronic copies of the documents this notice announces, along with public comments received, will be available online in Docket No. FWS–R3–ES– 2021–0062 at https:// www.regulations.gov. Comment submission: In your comment, please specify whether your comment addresses the proposed HCP, draft EA, or any combination of the aforementioned documents, or other supporting documents. You may submit written comments by one of the following methods: • Online: https://www.regulations.gov. Search for and submit comments on Docket No. FWS–R3–ES–2021–0062. • U.S. mail: Send comments to Public Comments Processing, Attn: Docket No. FWS–R3–ES–2021–0062; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA 22041– 3803. FOR FURTHER INFORMATION CONTACT: John Weber, Deputy Field Supervisor, Missouri Ecological Services Field Office, U.S. Fish and Wildlife Service, 101 Park DeVille Drive, Suite A, Columbia, MO 65203; telephone: 573– 234–2132. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 1–800–877–8339 for TTY assistance. SUPPLEMENTARY INFORMATION: We make available for public comment the applicant’s habitat conservation plan (HCP) and announce the availability of a draft environmental assessment, which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period. We, the U.S. Fish and Wildlife Service (Service), have received an application from the Missouri Department of Conservation (applicant) for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), for its habitat conservation plan (HCP) PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 51367 for the for the Indiana bat, gray bat, northern long-eared bat, little brown bat, and tricolored bat (covered species). The applicant conducts habitat and forest management activities statewide in Missouri; the application covers nearly the entire State, except for lands owned and managed by other Federal and State entities, and would consist of approximately 42 million acres of covered species habitat. The applicant has prepared a habitat conservation plan that describes the continued habitat and forest management operations and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the covered species. The HCP proposes to restore, enhance, and maintain more than 1 million acres of covered species habitat and has dedicated 28,000 acres of Stateowned land specifically for the enhanced restoration, management, and permanent protection of priority bat management zones to further offset impacts to the covered species. If approved, the ITP would be for a 50year period and would authorize the incidental take of two endangered species, the Indiana bat (Myotis sodalis) and the gray bat (Myotis grisescens); one threatened species, the northern longeared bat (Myotis septentrionalis); and two species petitioned for Federal listing, the little brown bat (Myotis lucifugus) and the tricolored bat (Perimyostis subflavus). The applicant has prepared an HCP that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of Indiana bat, gray bat, northern long-eared bat, little brown bat, and tricolored bat. We also announce the availability of a draft environmental assessment (EA), which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We request public comment on the application and associated documents. Background Section 9 of the ESA and its implementing regulations prohibit the ‘‘take’’ of animal species listed as endangered or threatened. Take is defined under the ESA as to ‘‘harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect ‘‘listed animal species,’’ or to attempt to engage in such conduct’’ (16 U.S.C. 1538). However, under section 10(a) of the ESA, we may issue permits to authorize incidental take of listed species. ‘‘Incidental take’’ is defined by the ESA as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51366-51367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19916]



[[Page 51366]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R6-ES-2021-0056; FF06E21000 212 FXES11140600000]


Endangered and Threatened Wildlife and Plants; Enhancement of 
Survival Permit Application; Programmatic Safe Harbor Agreement and 
Candidate Conservation Agreement With Assurances for 14 Aquatic Species 
and Associated Categorical Exclusion; State of Kansas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
announcing the availability of documents related to an application for 
an enhancement of survival permit (permit) under the Endangered Species 
Act. The Kansas Department of Wildlife and Parks has applied for a 
permit associated with the implementation of a programmatic safe harbor 
agreement (SHA) and candidate conservation agreement with assurances 
(CCAA) for 14 aquatic species in Kansas. The documents available for 
review and comment are the applicant's programmatic SHA/CCAA, which is 
part of the permit application, and our draft environmental action 
statement and low-effect screening form, which support a categorical 
exclusion under the National Environmental Policy Act. We invite 
comments from the public and Federal, Tribal, State, and local 
governments.

DATES: We will accept comments received or postmarked on or before 
October 15, 2021. Comments submitted online at Regulations.gov (see 
ADDRESSES) must be received by 11:59 p.m. Eastern Time on October 15, 
2021.

ADDRESSES: Obtaining Documents: The documents this notice announces, as 
well as any comments and other materials that we receive, will be 
available for public inspection online in Docket No. FWS-R6-ES-2021-
0056 at https://www.regulations.gov.
    Submitting Comments: To submit written comments, please use one of 
the following methods, and note that your information requests or 
comments are in reference to the Kansas Aquatic SHA/CCAA.
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments to Docket Number FWS-R6-ES-2021-
0056.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R6-ES-2021-0056; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    We request that you send comments by only one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: Gibran Suleiman, by phone at 785-539-
3474, extension 114, by email at [email protected], or via the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Kansas Department of 
Wildlife and Parks (KDWP, applicant). The applicant has applied for a 
50-year enhancement of survival permit (permit) under the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
application addresses the potential take of five aquatic species 
associated with the implementation of a programmatic safe harbor 
agreement (SHA) and nine aquatic species associated with the 
implementation of a programmatic candidate conservation agreement with 
assurances (CCAA) on non-Federal lands in the State of Kansas. The 
documents available for review and comment are the applicant's 
programmatic SHA/CCAA, which is part of the permit application, and our 
draft environmental action statement and low-effect screening form, 
which support a categorical exclusion under the National Environmental 
Policy Act. We invite comments on all of the documents from the public 
and Federal, Tribal, State, and local governments.

Safe Harbor Agreements and Candidate Conservation Agreements With 
Assurances

    A SHA is an agreement between the Service, partners, and 
landowners, for voluntary management of non-Federal lands to contribute 
towards recovery of an ESA-listed species in a manner that is 
consistent with the Service's policy on SHAs (64 FR 32717, June 17, 
1999) and applicable regulations. A CCAA is an agreement between the 
Service, partners, and landowners for voluntary management of non-
Federal lands to remove or reduce key threats to species that may 
become listed under the ESA, in a manner that is consistent with the 
Service's policy on CCAAs (81 FR 95164, December 27, 2016) and 
applicable regulations. In return for implementing conservation 
measures in a SHA/CCAA, the Service gives participants assurances that 
the Service will not impose land, water, or resource use restrictions 
or conservation requirements on ESA-listed species, or those that may 
become listed, beyond those agreed to in the SHA/CCAA.

Applicant's Programmatic Safe Harbor Agreement/Candidate Conservation 
Agreement With Assurances

    The KDWP has submitted this programmatic SHA/CCAA to facilitate the 
reintroduction and implementation of conservation measures for the 
covered species on non-Federal lands in Kansas. The documents available 
for review and comment are the applicant's programmatic SHA/CCAA, which 
is part of the permit application, and our draft environmental action 
statement and low-effect screening form, which support a categorical 
exclusion under the National Environmental Policy Act.
    To enroll in the programmatic SHA/CCAA, a non-Federal landowner 
would enter into a landowner agreement with KDWP to enroll all or a 
portion of their property under the SHA and/or CCAA. Upon signature by 
both parties, KDWP would issue a certificate of inclusion to the non-
Federal landowner, extending assurances and take authorization to the 
participating landowner for the appropriate covered species. The 
requested permit duration is for 50 years from permit issuance. 
Proposed conservation measures include the introduction, 
reintroduction, augmentation, or translocation of the covered species, 
and protection or enhancement of aquatic, wetland, riparian, or 
adjacent upland habitats for the covered species. Conservation measures 
would be site-specific and developed by the participating landowner and 
KDWP. Incidental take of covered species may occur as a result of the 
implementation of conservation measures or ongoing land management 
activities on the enrolled lands.

Covered Species

    The five ESA-listed species included as covered species in the SHA 
are the Federally threatened Neosho madtom (Noturus placidus), Arkansas 
River shiner (Notropis girardi), and rabbitsfoot (Quadrula cylindrica 
cylindrica) and the Federally endangered Topeka shiner (Notropis 
topeka) and Neosho mucket (Lampsilis rafinesqueana). The covered 
species included in the CCAA are the alligator snapping turtle 
(Macrochelys temminckii), peppered chub (Macrhybopsis tetranema), 
plains minnow (Hybognathus placitus), silver chub (Macrhybopsis 
storeriana), hornyhead chub (Nocomis biguttatus), butterfly mussel 
(Ellipsaria lineolata), fluted shell (Lasmigona costata), cylindrical 
papershell (Anodontoides ferussacianus), and flat floater (Anodonta 
suborbiculata).

[[Page 51367]]

Public Availability of Comments

    Written comments we receive become part of the administrative 
record associated with this action. 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 request in your comment that we 
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 section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6 and 43 CFR 46).

Stephen Small,
Assistant Regional Director, Ecological Services, Mountain-Prairie 
Region.
[FR Doc. 2021-19916 Filed 9-14-21; 8:45 am]
BILLING CODE 4333-15-P