[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33543-33544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12438]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2016-N085; FVES59420300000F2 14X FF03E00000]


U.S. Fish and Wildlife Service Enhancement of Survival Permit; 
Draft Mitchell's Satyr Safe Harbor Agreement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Receipt of application; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the East Lansing Field Office Project 
Leader for an Enhancement of Survival Permit (permit) under the 
Endangered Species Act of 1973, as amended (ESA). The application 
includes a draft Safe Harbor Agreement to facilitate reintroduction and 
recovery of the Federally endangered Mitchell's satyr butterfly on non-
Federal land in Michigan and Indiana. We have made a preliminary 
determination that the Safe Harbor Agreement and permit application are 
eligible for a categorical exclusion under the National Environmental 
Policy Act of 1969 (NEPA). The basis for this determination is 
contained in a low-effect screening form, which is available for public 
review. We are accepting comments on the permit application and draft 
Safe Harbor Agreement.

DATES: To ensure consideration, please send your written comments on or 
before June 27, 2016.

ADDRESSES: 
    Document Availability: The draft Safe Harbor Agreement, permit 
application, and low-effect screening form are available on the 
Internet at http://www.fws.gov/midwest/eastlansing/. Alternatively, 
these documents are also available for public inspection during normal 
business hours at the U.S. Fish and Wildlife Service, East Lansing 
Field Office, 2651 Coolidge Rd., Ste. 101, East Lansing, Michigan 
48823.
    Submitting Comments: Send written comments via U.S. mail to the 
U.S. Fish and Wildlife Service, Division of Ecological Services, 5600 
American Blvd. West, Suite 990, Bloomington, MN 55437-1458; by 
facsimile to 612-713-

[[Page 33544]]

5292; or by electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Barbara Hosler, East Lansing Field 
Office (see ADDRESSES); by telephone (517-351-6326) or 
[email protected]. If you use a telecommunications device for the 
deaf (TDD), please call the Federal Information Relay Service at 800-
877-8339.

SUPPLEMENTARY INFORMATION:

Background Information

    Under a Safe Harbor Agreement, participating landowners voluntarily 
undertake conservation activities on their property to benefit species 
listed under the ESA (16 U.S.C. 1531 et seq.). The Safe Harbor 
Agreement and associated permit authorize participating landowners to 
incidentally take Federally listed species that may result from 
implementation of conservation activities beneficial to the species. 
The Safe Harbor Agreement also provides participating landowners 
assurances that no further land, water, or resource-use restrictions, 
or additional commitments of land, water, or finances, would be imposed 
beyond those agreed to in the Safe Harbor Agreement, including the 
option to return their land to the baseline condition established at 
the time of the Safe Harbor Agreement. Application requirements and 
issuance criteria for enhancement of survival permits through Safe 
Harbor Agreements are found in Service regulations at 50 CFR 17.22 and 
17.32.

Mitchell's Satyr Butterfly Draft Safe Harbor Agreement

    We have developed the Draft Safe Harbor Agreement to incentivize 
certain non-Federal landowners in Michigan and Indiana to volunteer 
their land for conservation activities beneficial to the Mitchell's 
satyr butterfly. Under the proposed Safe Harbor Agreement, we would 
issue a permit to the East Lansing Field Office Project Leader, who 
would then convey the permits incidental take authorization and 
assurances to willing landowners through Certificates of Inclusion, for 
the purpose of facilitating recovery of the Mitchell's satyr butterfly. 
Consistent with the Safe Harbor Policy (June 17, 1999, 64 FR 32717) and 
section 7 of the ESA, we would also provide neighboring landowners with 
incidental take authorization through the section 7 biological opinion, 
and assurances to those neighboring landowners who participate under 
the Safe Harbor Agreement.
    To enroll in the Safe Harbor Agreement, an eligible landowner would 
voluntarily work with the Project Leader at the East Lansing Field 
Office to develop a Mitchell's satyr butterfly reintroduction plan for 
their property. Each reintroduction plan would identify a conservation 
zone, consisting mainly of suitable fen habitat for the Mitchell's 
satyr butterfly, and where habitat management activities would occur. 
Each reintroduction plan would have a term of 10 to 20 years within the 
duration of the proposed Safe Harbor Agreement, which is 30 years.

Species Information

    The Mitchell's satyr butterfly population has been in serious 
decline for years. The species was once found in 30 locations across 
Michigan, Indiana, and Ohio, with several disjunct populations in New 
Jersey and possibly Maryland. Currently, Mitchell's satyr butterflies 
occur at 10 sites in Michigan and 1 site in Indiana. Since the species 
was listed in 1991, additional populations have been discovered in 
Virginia, Alabama, and Mississippi; however, genetic studies are 
inconclusive on the taxonomic relationships of these southern 
populations to the Michigan and Indiana populations (Hamm 2012). The 
Service's Recovery Plan for the Mitchell's satyr butterfly calls for 
the establishment of 25 geographically distinct viable populations, 
including specific actions to facilitate propagation and reintroduction 
activities across its historic range.

Next Steps

    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of the ESA, NEPA, and their implementing regulations. 
If we determine that all requirements are met, we will sign the 
proposed Safe Harbor Agreement and issue a permit under section 
10(a)(1)(A) of the ESA to the East Lansing Field Office Project Leader. 
We will not make our final decision on the permit application until 
after the end of the public comment period, and we will fully consider 
all comments we receive during the comment period.

Public Availability of Comments

    Written comments 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 comment, you should be aware that the entire comment, including 
your personal identifying information, may be made 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.

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. 4371 et seq.) and its implementing 
regulations (40 CFR 1506.6; 43 CFR part 46).

    Dated: May 6, 2016.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2016-12438 Filed 5-25-16; 8:45 am]
 BILLING CODE 4333-15-P