[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 41986-41987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15230]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2016-0004]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XE423]


Notice of Availability and Request for Public Comment on the 
Joint U.S. Fish and Wildlife Service and National Marine Fisheries 
Service Habitat Conservation Planning Handbook

AGENCY: Fish and Wildlife Service, Interior; National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice of availability; request for public comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (USFWS) and the 
National Marine Fisheries Service (NMFS), issue Endangered Species Act 
incidental take permits and help applicants develop conservation plans 
as a prerequisite to obtaining those permits. We announce the 
availability of and request public comment on a draft revision of our 
joint Habitat Conservation Plan (HCP) Handbook, which describes 
requirements, procedures, and guidance for permit issuance and 
conservation-plan development. The HCP Handbook initially was released 
in 1996, and revised by addendum in July 2000.

DATES: To ensure consideration, written comments on the draft HCP 
Handbook must be received or postmarked on or before August 29, 2016. 
Comments submitted electronically using the Federal eRulemaking Portal 
(see ADDRESSES) must be received by 11:59 p.m. Eastern Time on the 
closing date. Any comments that we receive after the closing date may 
not be considered.

ADDRESSES:

Availability of Documents

    Internet: You may obtain copies of all of the documents at: http://www.regulations.gov/.
    Comment submission: You may submit written comments on the draft 
joint HCP Handbook by one of the following methods:
     Electronically: Go to the Federal e-Rulemaking Portal: 
http://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2016-
0004, or NOAA-NMFS-2016-0004, which is the docket number for this 
notice. On the left side of the screen, under the Document Type 
heading, click on the Notices link to locate this document, complete 
the required fields, and enter or attach your comment.
     By hard copy: Submit comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-HQ-ES-2016-0004, or 
NOAA-NMFS-2016-0004; Division of Policy, Performance, and Management 
Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike; 
Falls Church, VA 22041-3803.
    Instructions: We request that you send comments by only the methods 
described above. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by the Services.
    All comments received will be a part of the public record and will 
generally be posted for public viewing on www.regulations.gov without 
change. All personal identifying information (e.g., name, address), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. You 
may request at the top of your document that we withhold your personal 
information from public review; however, we cannot guarantee that we 
will be able to do so.

FOR FURTHER INFORMATION CONTACT: Trish Adams, USFWS (phone: 703-358-
2120; email: [email protected]), or Heather Coll, NMFS (phone: 301-
427-8455; email: [email protected]). Persons who use a 
Telecommunications Device for the Deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 
days a week.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(USFWS) and the National Marine Fisheries Service (NMFS), issue 
Endangered Species Act section 10(a)(1)(B) incidental take permits and 
help applicants develop conservation plans as a prerequisite to 
obtaining those permits. With this notice, we announce the availability 
of and request public comment on a draft revision of our joint Habitat 
Conservation Planning (HCP) Handbook, which describes requirements, 
procedures, and guidance for section 10(a)(1)(B) permit issuance and 
conservation-plan development. The joint HCP Handbook initially was 
announced via a Federal Register notice on December 2, 1996 (61 FR 
63854), and was revised by addendum, effective July 3, 2000 (65 FR 
35242; June 1, 2000). The new, revised draft of the joint HCP Handbook 
we are announcing via this notice is intended to be more streamlined 
and user-friendly. It follows the HCP process from start to finish and 
incorporates feedback we have received about the program.

Background

    The purpose of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.; ESA), is to protect and recover threatened and 
endangered species and the ecosystems upon which they depend. Section 9 
of the ESA prohibits take of any fish or wildlife species listed as 
endangered, and take of many species listed as threatened is prohibited 
by regulation. ``Take'' is defined in section 3 as ``to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to 
attempt to engage in any such conduct.'' Before 1982, the ESA had a 
mechanism for exempting Federal actions (section 7) from the 
prohibition on take, but it did not have one for non-Federal 
activities, except for permits to authorize take from scientific 
research or certain other conservation actions. Thus, non-Federal 
parties engaging in activities that resulted in take of listed species 
risked violating ESA section 9 take prohibitions. Congress recognized 
the

[[Page 41987]]

need for a process to reduce conflicts between protection of listed 
species and economic development, so it amended the ESA in 1982 to add 
an exemption for incidental take of listed species that would result 
from non-Federal activities (section 10(a)(1)(B)). ``Incidental take'' 
is that which is incidental to, and not the purpose of, the carrying 
out of an otherwise lawful activity. To obtain a permit for under 
section 10(a)(1)(B), applicants must develop a conservation plan that 
meets specific requirements identified in section 10 and its 
regulations (50 CFR 17.22 and 17.32; 50 CFR 222.25, 222.27, and 
222.31). Among other requirements, the plan must specify (1) the 
impacts that are likely to result from the taking and (2) the measures 
that the permit applicant will undertake to minimize and mitigate such 
impacts. Conservation plans under section 10(a)(1)(B) have come to be 
known as ``habitat conservation plans'' (HCPs). Section 10(a)(2)(B) 
provides statutory criteria that must be satisfied before an incidental 
take permit (ITP) can be issued.

Handbook Purpose

    The purpose of the joint HCP Handbook is to instruct USFWS and NMFS 
(Services) staff on how to assist applicants to develop HCPs in an 
efficient and effective manner while ensuring adequate conservation for 
listed species. The Handbook guides Services staff, phase by phase, 
through development, implementation, and environmental compliance, 
using streamlined approaches whenever possible. It draws upon past 
experience to help staff understand regulations and policy and navigate 
the various processes for completing an HCP and issuing a permit. 
Although the joint HCP Handbook is designed specifically for Services' 
staff, it also can be helpful to other HCP practitioners, such as 
applicants, consultants, and partners.

Need for Handbook Revision

    The HCP program has evolved in response to changes in society and 
our natural resources. Because of changes to the program, the USFWS 
decided to contract Management Systems International to prepare an 
independent review of our HCP program in 2008, as well as a collection 
of input and recommendations for the program from various sources. 
These reviews and recommendations have provided the important feedback 
that our program is highly effective in achieving its purpose of 
avoiding, minimizing, and mitigating the effects of development on 
endangered (or threatened) species and their habitats, and, in some 
cases, exceeds minimum requirements and makes a positive contribution 
to improving species habitat and contributing to species recovery. 
However, feedback also has indicated that the processes used to develop 
and approve ITPs can be inefficient. Commonly expressed concerns 
related to inefficiency are: HCPs take too long to develop and cost too 
much; negotiations can be complex; implementation is too expensive; 
applicants perceive lack of certainty; and the benefits of the HCP 
program are not readily apparent to internal or external stakeholders. 
The proposed revisions to the Handbook address these concerns in 
various ways, ranging from clarification of existing guidance to 
policy-level changes.

Proposed Revisions Made to Handbook

    The revised HCP Handbook reflects current USFWS and NMFS HCP 
practices, guidance, and policies; incorporates lessons from the 30-
year history of implementing the HCP program; and provides guidance to 
assist applicants and the Services' staff to avoid common pitfalls that 
can delay HCP negotiations and development or processing of ITPs.
    The goal is to provide a joint HCP Handbook that helps to 
streamline and improve efficiency of the HCP program. To accomplish 
this, we have reorganized the joint HCP Handbook, with the goal of 
walking Services staff and stakeholders through each stage of the HCP 
process, from the pre-application stage through ITP issuance and HCP 
implementation, including monitoring and compliance.
    Some of the most significant changes to the joint HCP Handbook 
include:
    (1) We introduced the concept that applicants should ``start slow 
to go fast,'' which emphasizes the benefits to applicants of pre-
planning before jumping directly into HCP development, especially for 
landscape-scale HCPs.
    (2) To streamline the ITP issuance process, we focused on the vital 
review and administrative steps without compromising legal integrity.
    (3) We clarified the concept ``maximum extent practicable.''
    (4) We ensured consistency with revised or updated policies such as 
draft USFWS Mitigation Policy.
    (5) We clarified the use of implementing agreements.
    (6) We updated and clarified permit duration.
    (7) We provided guidance on how to comply with section 106 of the 
National Historic Preservation Act.
    (8) We provided guidance on addressing climate change.
    (9) We updated and clarified what should be addressed through 
adaptive management versus foreseen and unforeseen circumstances.
    (10) We provided guidance on when to initiate the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) process or intra-
Service section 7 consultations, and when to seek assistance from the 
Solicitor or General Counsel.
    (11) We updated and clarified information concerning take analysis, 
responding to public comments, public notices, permit decision 
documents, compliance monitoring, and ITP suspension and revocation.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: June 22, 2016.
Angela Somma,
Chief, Endangered Species Conservation Division, National Marine 
Fisheries Service.
    Dated: June 20, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-15230 Filed 6-27-16; 8:45 am]
 BILLING CODE 4333-15-P; 3510-22-P