[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15737-15739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06627]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N042; FXES11120100000-167-FF01E00000]


Proposed Template Candidate Conservation Agreement With 
Assurances for the Fisher in Oregon and a Draft Environmental Action 
Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service) has developed a 
proposed template Candidate Conservation Agreement with Assurances 
(CCAA) for the West Coast Distinct Population Segment (DPS) of the 
fisher in Oregon, and proposes to issue enhancement of survival (EOS) 
permits under the CCAA, pursuant to the Endangered Species Act of 1973, 
as amended (ESA). The permits would authorize incidental take with 
assurances to eligible landowners who are willing to enroll in the 
template CCAA and carry out conservation measures that would benefit 
the West Coast DPS of the fisher. We request comments from the public 
on the proposed template CCAA, the issuance of EOS permits, and on the 
Service's draft Environmental Action Statement (EAS) for our 
preliminary determination that the CCAA and issuance of EOS permits 
qualify for categorical exclusion under the National Environmental 
Policy Act of 1969 (NEPA).

DATES: To ensure consideration, written comments must be received from 
interested parties no later than April 25, 2016.

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 ``Template Fisher CCAA.''
     Internet: Documents may be viewed on the Internet at 
http://www.fws.gov/oregonfwo/.
     Email: [email protected]. Include ``Template 
Fisher CCAA'' in the subject line of the message or comments.
     U.S. Mail: State Supervisor, Oregon Fish and Wildlife 
Office, U.S. Fish and Wildlife Service; 2600 SE. 98th Avenue, Suite 
100; Portland, OR 97266.
     Fax: 503-231-6195, Attn: Template Fisher CCAA.
     In-Person Drop-off, Viewing or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment (necessary for viewing or picking up documents only), 
during normal business hours at the Oregon Fish and Wildlife Office, 
U.S. Fish and Wildlife Service; 2600 SE. 98th Avenue, Suite 100; 
Portland, OR 97266; telephone 503-231-6179. 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: Jody Caicco, 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 Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    A CCAA is a voluntary agreement whereby landowners agree to manage 
their lands to remove or reduce threats to species that may become 
listed under the ESA (64 FR 32726; June 17, 1999). CCAAs are intended 
to facilitate the conservation of proposed and candidate species, and 
species likely to become candidates in the near future by giving non-
Federal property owners incentives to implement conservation measures 
for declining species by providing certainty with regard to land, 
water, or resource use restrictions that might be imposed should the 
species later become listed as threatened or endangered under the ESA. 
In return for managing their lands to the benefit of the covered 
species, enrolled landowners receive assurances that additional 
regulatory requirements pertaining to the covered species will not be 
required if the covered species becomes listed as threatened or 
endangered under the ESA so long as the CCAA remains in place and is 
being fully implemented.
    A CCAA serves as the basis for the Service to issue EOS permits to 
non-Federal participants pursuant section 10(a)(1)(A) of the ESA. EOS 
permits are issued to applicants in association with an approved CCAA 
to authorize incidental take of the covered species from covered 
activities, should the species become listed. Through a CCAA and its 
associated EOS permit, the Service provides assurances to property 
owners that they will not be subjected to increased land use 
restrictions if the covered species become listed under the ESA in the 
future, provided certain conditions are met. Because enrollment in a 
CCAA is voluntary, participating landowners may subsequently choose to 
discontinue their participation and their ESA section 10(a)1(A) permit 
coverage would then lapse.
    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 that was 
published in the Federal Register by the Service and the Department of 
Commerce's National Oceanic and Atmospheric Administration, National 
Marine Fisheries Service (64 FR 32726; June 17, 1999). Each prospective 
CCAA participant will need to complete and submit to the Service an ESA 
section 10(a)1(A) EOS permit application form.
    On April 8, 2004, the Service published a 12-month status review 
(69 FR 18769) finding that listing the West Coast Distinct Population 
Segment (DPS) of the fisher (Pekania pennanti) as threatened or 
endangered under the ESA (16 U.S.C. 1538) was warranted, but precluded 
by higher priority actions. On October 7, 2014, the Service published a 
proposed rule (79 FR 60419) to list the West Coast DPS of the fisher as 
threatened under the ESA. In that proposed rule, the Service identified 
habitat loss from wildfire and vegetation management, toxicants 
(rodenticides), and the cumulative impact of these and other stressors 
in small populations as threats to the continued existence of the West 
Coast DPS of the fisher. On April 14, 2015, the Service issued a 6-
month extension to

[[Page 15738]]

the final determination based on substantial disagreement regarding 
available information (80 FR 19953). The Service will issue a final 
regulation implementing the proposed rule or a notice that the proposed 
regulation is being withdrawn by April 7, 2016. The Service's Oregon 
Fish and Wildlife Office developed the proposed template CCAA on behalf 
of non-Federal landowners in western Oregon to address some of the 
threats to the fisher that were identified in the 2014 proposed listing 
rule.

Proposed Action

    The Service proposes to issue EOS permits pursuant to section 
10(a)(1)(A) of the ESA under a proposed template CCAA for the West 
Coast DPS of the fisher within Benton, Clackamas, Clatsop, Columbia, 
Coos, Curry, Deschutes, Douglas, Hood, Jackson, Jefferson, Josephine, 
Klamath, Lane, Linn, Lincoln, Polk, Tillamook, Yamhill, Wasco, and 
Washington counties, Oregon. The geographic area covered by the 
proposed CCAA and EOS permits includes the known and potential range of 
the fisher in those portions of the above listed Oregon counties that 
contain suitable forested habitat. The term of the proposed CCAA and 
EOS permits is 30 years.
    The proposed template CCAA is between the Service and prospective 
non-Federal landowners and managers (participants) who would 
voluntarily commit to conservation measures, that when taken together 
with a sufficient number of other properties, may preclude or remove 
the need to list the West Coast DPS of the fisher as threatened or 
endangered. The CCAA is a template in that it establishes general 
guidelines and identifies minimum conservation measures for 
participants in the CCAA. Interested participants would enroll their 
property under the CCAA through individual ``site plans.'' Once the 
CCAA is signed, the documentation needs and approval process to enroll 
participants with their individual site plans will be significantly 
streamlined as they will be able to reference and rely upon the 
information and completed administrative procedures associated with 
finalizing the template CCAA and finalizing the EAS for purposes of 
compliance with the requirements of the National Environmental Policy 
Act of 1969, as amended (42 U.S.C. 4321 et seq.) (NEPA).
    To qualify for take coverage, all enrollees must agree to implement 
the following conservation measures on enrolled lands:
     Allow the Service or its agents to access enrolled lands 
to evaluate fisher presence for the 30-year term of the CCAA and to 
determine if one or more female fisher are occupying dens and raising 
kits;
     Protect confirmed denning female fisher and their young by 
limiting or preventing access and disturbance near occupied sites, 
including preventing the destruction of the denning structure itself;
     Prohibit trapping and nuisance animal control activities 
on enrolled lands within 2.5 miles of known fisher occupied dens;
     Report to the Service within 48 hours upon finding any 
potentially fisher occupied den sites or any dead, sick, or 
incidentally trapped and released fishers on enrolled lands; cover all 
man-made structures on enrolled lands that pose an entrapment risk to 
fishers; and,
     Where suitable habitat exists and where agreed upon by the 
participant and the Service, allow for the reintroduction of fishers.
    Details regarding the actual reintroduction of fishers, including 
when the reintroduction might occur, the sources and numbers of 
fishers, the duration of the reintroduction effort, and the parties 
responsible for the capture and movement of fisher are unknown at this 
time. We anticipate that any required environmental or regulatory 
analysis for fisher reintroduction will be done by the Service or other 
responsible parties when a reintroduction plan is developed under the 
laws and policies in effect at that time.
    Covered activities include those activities that may be carried out 
by participating landowners or their authorized representatives on 
enrolled lands that may result in the incidental take of the fisher 
consistent with the provisions of the CCAA and their EOS permit. 
Covered activities under the proposed CCAA include the following land-
management related activities commonly practiced on forest lands: 
Timber harvest and reforestation, road maintenance and construction, 
transport of timber and rock, collection of minor forest products, and 
recreational activities.

National Environmental Policy Act Compliance

    The proposed issuance of an ESA section 10(a)(1)(A) permit with its 
associated CCAA is a Federal action that triggers the need for 
compliance with NEPA. We have made a preliminary determination that the 
proposed CCAA and the proposed issuance of EOS permits under the CCAA 
are eligible for categorical exclusion under NEPA. The basis for our 
preliminary determination is contained in an EAS, which is available 
for public review (see ADDRESSES).

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.

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. Comments and materials we receive, as well as supporting 
documentation, will be available for public inspection by appointment, 
during normal business hours, at our Oregon Fish and Wildlife Office 
(see ADDRESSES).

Next Steps

    After considering public comments, the Service will make a decision 
regarding the proposed CCAA, the draft EAS, and our preliminary 
determination that the proposed permit action is eligible for 
categorical exclusion under NEPA, provided they meet the requirements 
of section 10(a)(1)(A) of the ESA and the requirements of NEPA. We will 
not make a final decision on NEPA and the template CCAA until after the 
end of the 30-day public comment period on this notice, and we will 
fully consider all comments we receive during the public comment 
period. If we determine that all the requirements are met, we will sign 
the CCAA and be able to accept EOS permit applications submitted under 
the requirements of the CCAA and section 10(a)(1)(A) of the ESA. The 
Service will

[[Page 15739]]

then be able to issue EOS permits to interested, eligible landowners 
for the potential take of the West Coast DPS of the fisher incidental 
to otherwise lawful activities in accordance with the terms of the 
CCAA, the site plans, and appropriate EOS permit conditions.

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 
17.32, and 40 CFR 1506.6, respectively).

Rollie White,
Acting State Supervisor, Oregon Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, Portland, Oregon.
[FR Doc. 2016-06627 Filed 3-23-16; 8:45 am]
BILLING CODE 4333-15-P