[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19618-19619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07796]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N043; FXES11120100000-167-FF01E00000]


Proposed Amendment to the Willamette Valley Native Prairie 
Habitat Programmatic Safe Harbor Agreement for the Fender's Blue 
Butterfly in Benton, Lane, Linn, Marion, Polk, and Yamhill Counties, 
Oregon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to amend 
an enhancement of survival (EOS) permit issued to itself on May 26, 
2009, pursuant to the Endangered Species Act of 1973, as amended (ESA). 
The EOS permit is associated with a programmatic Safe Harbor Agreement 
(SHA) developed for the conservation of the federally-listed endangered 
Fender's blue butterfly within the Willamette Valley in Oregon. The 
proposed amendment would extend the term of the SHA and the permit for 
an additional 11 years. The amendment includes adding Washington 
County, Oregon, to the geographical area covered by the SHA and the 
permit. The amended permit would continue to authorize the Service to 
extend incidental take coverage to eligible landowners who are willing 
to carry out habitat management actions that benefit the Fender's blue 
butterfly by enrolling landowners under the SHA through Certificates of 
Inclusion. We request comments from the public on the proposed 
amendment of the EOS permit and the SHA, and a draft environmental 
action statement (EAS) prepared pursuant to the requirements of the 
National Environmental Policy Act (NEPA).

DATES: Written comments on the permit amendment, SHA amendment, and the 
EAS for the NEPA categorical exclusion determination must be received 
from interested parties no later than May 5, 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 Service Agreement 
Amendment.
     Internet: Documents may be viewed on the Internet at 
http://www.fws.gov/oregonfwo/articles.cfm?id=149489462.
     Email: [email protected]. Include ``Willamette 
Valley SHA Amendment'' 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: Willamette Valley SHA Amendment.
     In-Person Viewing, Pickup or Drop-off: Comments and 
materials received will be available for public inspection, by 
appointment, 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. 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: Kathy Roberts, 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

    On May 26, 2009, the Service issued an EOS permit to the Service's 
Oregon Fish and Wildlife Office (OFWO) pursuant to section 10(a)(1)(A) 
of the ESA. The EOS permit is associated with a programmatic SHA 
developed for the conservation of the federally-listed endangered 
Fender's blue butterfly (Icaricia icarioides fenderi) within the 
Willamette Valley in Oregon. The SHA is administered and implemented by 
the OFWO and the Service's Willamette Valley National Wildlife Refuge 
Complex (WV Refuge Complex). The OFWO serves as the ``permittee.'' The 
WV Refuge Complex is a signatory to the SHA and works jointly with the 
OFWO on all aspects of the SHA. The OFWO may enroll eligible interested 
non-Federal landowners (cooperators) through Certificates of Inclusion 
under the SHA. The WV Refuge Complex can also develop and administer 
Certificates of Inclusion where they are involved in activities on the 
cooperator's enrolled lands as a project partner.
    The geographic area covered by the current SHA and permit includes 
the originally known and potential range of the Fender's blue 
butterfly, which includes prairie habitat within Benton, Lane, Linn, 
Marion, Polk, and Yamhill counties of Oregon. Properties that are 
eligible for enrollment are non-Federal lands where the Fender's blue 
butterfly occurs or could occur through colonization, translocation, or 
reintroduction. Activities under the SHA may also benefit the 
federally-listed threatened Kincaid's lupine (Lupinus sulphureus ssp. 
kincaidii), which is a larval host plant for Fender's blue butterfly. 
However, Kincaid's lupine is not included as a ``covered species.''
    The current term of the SHA is 15 years and expires on May 25, 
2024. The current term of the permit is 25 years and expires on May 25, 
2034. Since the permit was issued on May 26, 2009, the Service has 
enrolled a number of eligible landowners under Certificates of 
Inclusion for an average period of 10 years each.

Proposed Amendment

    In order to continue issuing new 10-year Certificates of Inclusion, 
the

[[Page 19619]]

Service needs to extend the term of the existing SHA for at least an 
additional 10 years. Therefore, the Service is proposing to extend the 
term of the SHA for an additional 11 years, from May 25, 2024 to May 
25, 2035, and extend the term of the permit for an additional 11 years, 
from May 25, 2034 to May 25, 2045. When the Service listed the Fender's 
blue butterfly as endangered and Kincaid's lupine as threatened in 2000 
(65 FR 3875) Washington County was not included as part of the range of 
either species because no previous populations had been identified in 
Washington County. In 2011, however, a population of Fender's blue 
butterfly and Kincaid's lupine was discovered on the north side of 
Henry Hagg Lake, on Bureau of Reclamation land, in Washington County, 
Oregon. The Service is, therefore, proposing to amend the existing 
permit and SHA to include Washington County within the geographical 
area covered by the SHA and the permit.
    The amended permit would continue to authorize the Service to 
extend incidental take coverage with assurances to eligible landowners 
who are willing to carry out habitat management actions that would 
benefit the Fender's blue butterfly by enrolling the landowners under 
the SHA as cooperators through issuance of Certificates of Inclusion.

National Environmental Policy Act Compliance

    The proposed amendment to the permit and the SHA is a Federal 
action that triggers the need for compliance with the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 
We have made a preliminary determination that the proposed amendments 
to the EOS permit and the SHA are eligible for categorical exclusion 
under the NEPA. The basis for our preliminary determination is 
contained in an Environmental Action Statement (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. 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

    The Service will evaluate the proposed amendment to the permit and 
the SHA, associated documents, and comments submitted thereon to 
determine whether the amendment meets the requirements of section 10(a) 
of the ESA and the requirements of NEPA. We will not make the final 
NEPA and permit decisions 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 amended SHA and issue an 
amended EOS permit under section 10(a)(1)(A) of the ESA to the 
Service's OFWO. The OFWO will continue to serve as the permit holder, 
and continue to extend coverage to interested eligible landowners for 
the take of Fender's blue butterfly, incidental to otherwise lawful 
activities in accordance with the terms of the SHA, Certificates of 
Inclusion, and the EOS permit.

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).

Rollie White,
Acting State Supervisor, Oregon Fish and Wildlife Office, Pacific 
Region, U.S. Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2016-07796 Filed 4-4-16; 8:45 am]
BILLING CODE 4333-15-P