[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Notices]
[Pages 29709-29711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13622]



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DEPARTMENT OF THE INTERIOR

Notice of Intent To Prepare an Environmental Impact Statement for 
a Permit Application to Incidentally Take the Endangered Karner Blue 
Butterfly in the State of Wisconsin

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent and meetings.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) is issuing this 
notice to advise the public that an Environmental Impact Statement 
(EIS) will be prepared regarding an application from the Wisconsin 
Department of Natural Resources (WDNR), Madison, Wisconsin, for a 
permit to allow the incidental take of the Karner blue butterfly 
(Lycaeides melissa samuelis) in the State of Wisconsin with an 
accompanying habitat conservation plan (HCP). This notice describes the 
conservation plan (proposed action) and possible alternatives, invites 
public participation in the scoping process for preparing the EIS, and 
identifies the Service official to whom questions and comments 
concerning the proposed action may be directed. Three public scoping 
meetings will be held in the State of Wisconsin on the following dates 
at the indicated locations and times:
    1. June 27, 1995; Wisconsin Rapids, WI at City Hall, 444 W. Grand 
Ave., Council Chambers; 3 p.m. to 6 p.m.
    2. June 28, 1995; Siren, WI at the Burnett County Government 
Center, 7410 Cty. Rd. K, Room 165; 3 p.m. to 6 p.m.
    3. June 29, 1995; Eau Claire, WI at the South Middle School, 2115 
Mitscher Ave., Auditorium; 3 p.m. to 6 p.m.
    There will be a presentation at 3 p.m. at each meeting which will 
address the Karner blue butterfly, the background and history of the 
HCP development process, the information available on the presence of 
this species in Wisconsin, activities which may be affected by their 
presence, and strategies to conserve the species while allowing land 
use activities to continue. Submission of written and oral comment and 
questions will be accepted at the scoping meetings. Written comments 
regarding EIS scoping also may be submitted by August 30, 1995, to the 
address below.

FOR FURTHER INFORMATION CONTACT:
Janet M. Smith, Field Supervisor, U.S. Fish and Wildlife Service, 1015 
Challenger Court, Green Bay, Wisconsin 54311.

SUPPLEMENTARY INFORMATION: The Karner blue butterfly was listed by the 
Service as an endangered species in December, 1992. Because of its 
listing as endangered, the Karner blue butterfly population is 
protected by the Endangered Species Act's (Act) prohibition against 
``taking.'' The Act defines ``take'' to mean: to harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, or attempt to 
engage in such conduct. ``Harm'' is further defined by regulation as 
any act that kills or injures wildlife including significant habitat 
modification or degradation where it actually kills or injures wildlife 
by significantly impairing essential behavior patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3).
    However, the Service may issue permits to carry out prohibited 
activities involving endangered and threatened species under certain 
circumstances. Regulations governing permits for endangered and 
threatened wildlife are at 50 CFR 17.22, 17.23, and 17.32.
    The WDNR is preparing to apply to the Service for an incidental 
take permit pursuant to Section 10(a)(1)(B) of the Act, which 
authorizes the issuance of incidental take permits to non-Federal 
landowners. The largest populations of the Karner blue butterfly in the 
nation occur in this State. This permit would authorize the incidental 
take of the Karner blue butterfly, and, possibly, associated threatened 
or endangered species addressed in the HCP, during the course of 
conducting otherwise lawful land use or development activities on 
public and private land in the State of Wisconsin. Although public and 
private entities or individuals have participated in development of the 
HCP and may benefit by issuance of an incidental take permit, the WDNR 
has accepted the responsibility of coordinating preparation of the HCP, 
submission of the permit application and coordination of the 
preparation and processing of an EIS for Service review and approval. 
The action to be described in the HCP is a program that will ensure the 
continued conservation of the Karner blue butterfly in the State of 
Wisconsin, while resolving potential conflicts that may arise from 
otherwise lawful activities that may involve this species and its 
habitat on non-Federal lands in the State of Wisconsin. The 
environmental impacts which may result from implementation of a 
conservation program described in the HCP or as a result of 
implementing other alternatives will be evaluated in the EIS. The WDNR 
and more than 30 other persons or entities are involved in the process 
of information gathering, development and preparation of the Section 
10(a)(1)(B) permit application, NCP, and the EIS, which is being 
developed concurrently.
    Development of the HCP will involve a public process that includes 
open meetings of the HCP team and its advisory subcommittees. Those 
involved in this effort include other State and Federal agencies; 
counties; towns; industries, utilities, foresters, lepidopterists and 
biologists; and representatives of various environmental and 
recreational use organizations. Conservation strategies to be applied 
to the lands will differ depending on the landowner, ownership 
objective and management capability. It is anticipated that 
implementation of the conservation strategies will be through an 
implementation agreement or cooperative agreement entered into by the 
landowner and the WDNR.
Alternatives

I. Statewide HCP and Incidental Take Permit (Proposed Action)

    This alternative, the proposed action, seeks to address all lands 
which constitute potential Karner blue butterfly habitat and associated 
land uses in the State of Wisconsin, whether publicly or privately 
owned or large or small in size. Such lands include utility, highway 
and railroad rights-of-way; private and publicly owned forest lands; 
other publicly owned lands such as parks, fisheries and wildlife areas, 
and recreational use areas; and private and publicly owned land subject 
to other [[Page 29710]] land uses including agriculture and 
development. This approach seeks to address conservation through a 
``grassroots'' landowner effort. Individual conservation strategies of 
landowners may include:
    1. Forest management and production strategies designed to assure 
no net loss of Karner blue butterfly habitat. However, specific areas 
of habitat may change;
    2. Continued management of habitat through a maintenance and 
management scheme. Information on this species to date indicates that 
it is dependent on a disturbance regime, whether natural or otherwise. 
The species is found in such areas as tank trails on military training 
areas, timber sale or timber regeneration areas, highway or utility 
rights-of-way, and agricultural lands. There is evidence that some past 
and current practices in agriculture, forest management, military 
operations, right-of-way management, and wildlife management have been 
beneficial to the species. A ``protection'' strategy alone may result 
in the loss of habitat due to the natural maturation of other 
vegetation;
    3. Barrens management which entails a scheme designed to maintain 
or restore barrens communities which may constitute habitat for a 
variety of species including the Karner blue butterfly;
    4. Right-of-way maintenance regimes designed to minimize adverse 
effects on the Karner blue butterfly or enhance habitat through 
modification in mowing or clearing regimes, or burning;
    5. Agricultural practices designed to maintain habitat; and
    6. Other practices or strategies designed to maintain and, 
possibly, enhance habitat as science or practice confirms their 
effectiveness.
    This alternative would incorporate the concept of ``adaptive 
management.'' As science and conservation strategies evolve or 
demonstrate a need to change, the landowners would adapt or modify the 
conservation strategy as needed. Therefore, as science and information 
progress, so may the conservation strategies and efforts under the HCP 
and permit.
    This alternative seeks authority for a long-term incidental take 
permit. The HCP will assure continued conservation measures as well as 
monitoring and reporting procedures, as required for issuance of an 
incidental take permit by the Service.
    Service issuance of an incidental take permit will authorize land 
use activities to proceed without violating the Act. Landowners may 
participate in the HCP through cooperative agreements, certificates of 
inclusion, involvement in one of the several WDNR private lands 
assistance programs, other cooperative programs by partners or 
participants in this conservation effort, or exemption from regulation 
based on the conservation program established under the HCP and permit. 
A coarse estimate of potential Karner blue butterfly habitat in the 
State would include about 25 percent of its acreage. About 12 percent 
may have a high potential to be Karner blue butterfly habitat.
II. Development of an HCP and Application for an Incidental Take Permit 
by one Landowner or a Consortium of Landowners or Organizations Not 
Constituting a Statewide Effort

    This alternative may involve a single landowner, such as the WDNR 
or an industrial forest landowner. It may also involve a group of 
landowners, such as several industrial forest landowners or utilities. 
Any conservation strategy addressed in the proposed action alternative 
could be applied by the landowners involved under the same or similar 
facts or motives. Conservation strategies not discussed earlier could 
also be developed.
    This alternative requires separate HCP development and application 
processes. Naturally, this approach would require separate permit 
review processes by the Service with the necessity of conducting 
separate environmental impact review procedures and documents.
    Implementation and oversight would not likely involve the WDNR, 
which is the endangered resource regulatory agency for the State of 
Wisconsin, but would require oversight and implementation as described 
in the implementation agreements and permits.

III. Development of Short-term Incidental Take Permits

    This alternative would seek to address the conservation program for 
this species for a period which is shorter than that anticipated in the 
proposed action alternative, which could extend for up to 30 years for 
willing landowners. Conservation strategies may be the same or similar 
as in the proposed action alternative, with the possibility of 
addressing the same land ownership, or some smaller element of land 
ownership.

IV. No Action Alternative

    Under the No Action Alternative, no section 10(a)(1)(B) permit(s) 
would be issued and activities involving the take of the Karner blue 
butterfly would remain prohibited under Section 9 of the Act. 
Activities that would avoid the take of the butterfly could continue. 
Proposed activities on non-Federal land that may affect the butterfly 
would require submitting an individual section 10(a)(1)(B) permit 
application to the Service. If a Federal action (e.g., proposed 
roadway) would affect the butterfly, incidental take could be allowed 
through the Section 7 consultation process and development of an 
incidental take statement if the action were determined to not 
jeopardize the continued existence of the species.

Issue Resolution and Environmental Review

    The primary issue to be addressed during the scoping and planning 
process for the HCP and EIS is how to resolve potential conflicts 
between development or land management practices and listed (Federal or 
State) species in the State of Wisconsin. A tentative list of issues, 
concerns and opportunities has been developed. There will be a 
discussion of the potential effect, by alternative, which will include 
the following areas:
    (1) Karner blue butterfly and its habitat.
    (2) Other federally listed endangered or threatened species in the 
state of Wisconsin.
    (3) State listed endangered and threatened species in the State of 
Wisconsin.
    (4) Effects on other species of flora and fauna.
    (5) Socioeconomic effects.
    (6) Use of state, county and local public lands for Karner blue 
butterfly conservation.
    (7) Use of privately owned lands for Karner blue butterfly 
conservation.
    (8) Use of Federal lands.
    Environmental review of the permit application will be conducted in 
accordance with the requirements of the National Environmental Policy 
Act of 1969, as amended (42 U.S.C. 4321 et seq.), National 
Environmental Policy Act regulations (40 CFR Parts 1500-1508), other 
appropriate Federal regulations, and Service procedures for compliance 
with those regulations. This notice is being furnished in accordance 
with Section 1501.7 of the National Environmental Policy Act, to obtain 
suggestions and information from other agencies, tribes, and the public 
on the scope of issues to be addressed in the statement. Comments and 
participation in this scoping process are solicited. [[Page 29711]] 
    The draft environmental impact statement should be available to the 
public in the spring of 1996.

William F. Hartwig,
Regional Director, Region 3, U.S. Fish and Wildlife Service, Fort 
Snelling, MN.
[FR Doc. 95-13622 Filed 6-2-95; 8:45 am]
BILLING CODE 4310-55-M