[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78624-78628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26919]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2017-N180; FXES11140100000-178-FF01E00000]


Draft Safe Harbor Agreement and Receipt of Application for an 
Enhancement of Survival Permit for the Kamehameha Schools; Keauhou and 
Kilauea Forest Lands, Hawaii Island, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Kamehameha Schools (KS), a private 
charitable education trust, for an enhancement of survival permit 
(permit) under the Endangered Species Act of 1973, as amended (ESA). 
The permit application includes a draft Safe Harbor Agreement (SHA) 
between KS, the Service, and the Hawaii Department of Land and Natural 
Resources (DLNR). Kamehameha Schools is proposing to conduct proactive 
conservation activities to promote the survival and recovery of 32 
federally endangered species and one species currently proposed for 
listing (``covered species'') across the Keauhou

[[Page 78625]]

and Kilauea Forest Lands, which comprise 32,280 acres on the 
southeastern slope of Mauna Loa, Hawaii Island. We invite comments from 
all interested parties on the permit application, including the draft 
SHA and a draft environmental action statement (EAS) prepared pursuant 
to the requirements of the National Environmental Policy Act (NEPA).

DATES: To ensure consideration, please send your written comments by 
December 8, 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 Kamehameha Schools--Keauhou 
and Kilauea Forest Lands SHA, draft EAS, and the proposed issuance of 
the Permit:
     Internet: Documents may be viewed on the internet at 
http://www.fws.gov/pacificislands/.
     Email: [email protected]. Include ``Kamehameha 
Schools SHA and draft EAS'' in the subject line of the message.
     U.S. Mail: Field Supervisor, U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, HI 96850.
     Fax: 808-792-9581, Attn: Field Supervisor. Include 
``Kamehameha Schools SHA and draft EAS'' in the subject line of the 
message.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, Hawaii 96850. 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: Ms. Michelle Bogardus (Maui Nui and 
Hawaii Island Team Manager) or Ms. Donna Ball (Hawaii Island Fish and 
Wildlife Biologist), U.S. Fish and Wildlife Service (see ADDRESSES), by 
telephone at 808-792-9400. If you use a telecommunications device for 
the deaf, please call the Federal Information Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

Background

    Under a SHA, participating landowners undertake management 
activities on their property to enhance, restore, or maintain habitat 
conditions for species listed under the ESA (16 U.S.C. 1531 et seq.) to 
an extent that is likely to result in a net conservation benefit for 
the covered listed species. A SHA, and the associated permit issued to 
participating landowners pursuant to section 10(a)(1)(A) of the ESA, 
encourage private and other non-Federal property owners to implement 
conservation actions for federally listed species by assuring the 
participating landowners that they will not be subjected to increased 
property use restrictions as a result of their efforts to either 
attract listed species to their property, or to increase the numbers or 
distribution of listed species already on their property.
    The SHA and its associated permit allow the property owner to alter 
or modify the enrolled property back to agreed-upon pre-permit baseline 
conditions at the end of the term of the permit, even if such 
alteration or modification results in the incidental take of a listed 
species. The baseline conditions must reflect the known biological and 
habitat characteristics that support existing levels of use of the 
enrolled property by species covered in the SHA. The authorization to 
take listed species is contingent on the property owner complying with 
obligations in the SHA and the terms and conditions of the permit. The 
SHA's net conservation benefits must be sufficient to contribute, 
either directly or indirectly, to the recovery of the covered listed 
species. Enrolled landowners may make lawful use of the enrolled 
property during the term of the permit and may incidentally take the 
listed species named on the permit in accordance with the terms and 
conditions of the permit.
    Permit application requirements and issuance criteria for 
enhancement of survival permits for SHAs are found in the Code of 
Federal Regulations (CFR) at 50 CFR 17.22(c). The Service's Safe Harbor 
Policy (64 FR 32717, June 17, 1999) and the Safe Harbor Regulations (68 
FR 53320, September 10, 2003; and 69 FR 24084, May 3, 2004) are 
available at http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.

Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor 
Agreement

    The Service has received a permit application from KS to authorize 
incidental take of the covered species with implementation of the SHA. 
The permit application includes a draft SHA between KS, the Service, 
and Hawaii DLNR. The conservation objective of the SHA is to promote 
recovery of the following Federal- and State-endangered birds: the 
Hawaii Creeper (Loxops mana); Hawaii Akepa (Loxops coccineus); 
Akiapolaau (Hemignathus wilsoni); Io (Hawaiian Hawk; Buteo solitarius); 
Nene (Hawaiian Goose; Branta sandvicensis); Alala (Hawaiian Crow; 
Corvus hawaiiensis); Hawaiian Hoary Bat (Opeapea; Lasiurus cinereus 
semotus); and 25 endangered plant species (collectively referred to as 
the ``covered species'') through habitat restoration and management 
practices (Table 1), as well as the Iiwi (Vestiaria coccinea), a 
species proposed for listing as threatened. The activities implemented 
under this SHA will aid in increasing the current range of the covered 
species, restoring these species to part of their historic ranges, 
increasing the total population of these species, and reestablishing 
wild populations of these species, thus contributing to their overall 
recovery. Implementation of the SHA is also likely to reduce habitat 
fragmentation by connecting a network of protected and managed State, 
Federal, and private lands within the south central region of Hawaii 
Island and is also likely to benefit other native species.
    Of the covered species, all but one of the wildlife species 
currently occur on the property. The Alala is currently extirpated in 
the wild, but survives through an intensive captive breeding program 
and partnership between the San Diego Zoo, the Service, and Hawaii 
DLNR. The Alala will be reintroduced to the wild in November 2016 on 
State-owned lands adjacent to Keauhou and Kilauea Forest. It is likely 
that released Alala will disburse beyond the release site and enter the 
enrolled property under the SHA. Of the covered plant species, eight 
currently occur on the enrolled property. The remaining covered plant 
species are known to have historically occurred in the region, and may 
become re-established on the enrolled property through habitat 
enhancement and restoration activities described in the SHA, or may be 
outplanted on the enrolled property over the term of the SHA and 
permit.

[[Page 78626]]



                 Table 1--Wildlife Species Covered Under the Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor Agreement
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                                                                    State population
               Species                   Status Federal/State           estimate                          Current distribution by island
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Akiapolaau, (Hemignathus wilsoni)....  Endangered.............  1,900..................  Hawaii.
Hawaii Creeper, (Loxops mana)........  Endangered.............  14,000.................  Hawaii.
Hawaii Akepa (Loxops coccineus)......  Endangered.............  12,000.................  Hawaii.
Iiwi (Vestiaria coccinea)............  Petitioned for Listing.  >300,000...............  Hawaii, Maui, Kauai, Molokai, Oahu.
Io, Hawaiian Hawk (Buteo solitarius).  Endangered.............  1,200..................  Hawaii.
Alala, Hawaiian Crow (Corvus           Endangered.............  135 individuals in       Extinct in the wild.
 hawaiiensis).                                                   captivity.
Nene, Hawaiian Goose (Branta           Endangered.............  2500...................  Hawaii, Maui, Kauai, Molokai, Oahu.
 sandvicensis).
Opeapea, Hawaiian Hoary Bat (Lasiurus  Endangered.............  Widely distributed but   Hawaii, Maui, Kauai, Molokai, Oahu.
 cinereus semotus).                                              population unknown.
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    Table 2--Plant Species Covered Under the Kamehameha Schools--Keauhou and Kilauea Forest Lands Safe Harbor
                                                    Agreement
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                                                                                                Current presence
            Species             Status  Federal/         Current distribution by island         on  the enrolled
                                      State                                                         property
----------------------------------------------------------------------------------------------------------------
Asplenium peruvianum var.       Endangered......  Hawaii, Maui................................  Present.
 insulare.
Clermontia lindseyana, Oha wai  Endangered......  Hawaii, Maui................................  Present.
Cyanea shipmanii, Haha........  Endangered......  Hawaii......................................  Present.
Cyanea stictophylla, Haha.....  Endangered......  Hawaii......................................  Present.
Phyllostegia racemosa,          Endangered......  Hawaii......................................  Present.
 Kiponapona.
Phyllostegia velutina.........  Endangered......  Hawaii......................................  Present.
Plantago hawaiensis...........  Endangered......  Hawaii......................................  Present.
Vicia menziesii...............  Endangered......  Hawaii......................................  Present.
Argyroxiphium kauens,           Endangered......  Hawaii......................................  Not Present.
 Ahinahina.
Clermontia peleana, Oha.......  Endangered......  Hawaii, Maui................................  Not Present.
Cyanea tritomantha, Aku.......  Endangered......  Hawaii......................................  Not Present.
Cyrtandra giffardii, Haiwale..  Endangered......  Hawaii......................................  Not Present.
Cyrtandra tintinnabula,         Endangered......  Hawaii......................................  Not Present.
 Haiwale.
Hibiscadelphus giffardianus,    Endangered......  Hawaii......................................  Not Present.
 Hau kuahiwi.
Joinvillea ascendens, Ohe.....  Endangered......  Hawaii, Maui, Kauai, Molokai, Oahu..........  Not Present.
Melicope zahlbruckneri, Alani.  Endangered......  Hawaii......................................  Not Present.
Neraudia ovata................  Endangered......  Hawaii......................................  Not Present.
Nothocestrum breviflorum, Aiea  Endangered......  Hawaii......................................  Not Present.
Phyllostegia floribunda.......  Endangered......  Hawaii......................................  Not Present.
Phyllostegia parviflora.......  Endangered......  Hawaii, Maui, Oahu..........................  Not Present.
Ranunculus hawaiiensis, Makou.  Endangered......  Hawaii, Maui................................  Not Present.
Sicyos alba, Anunu............  Endangered......  Hawaii......................................  Not Present.
Sicyos macrophyllus, Anunu....  Endangered......  Hawaii......................................  Not Present.
Silene hawaiiensis............  Endangered......  Hawaii......................................  Not Present.
Stenogyne angustifolia........  Endangered......  Hawaii, Maui, Molokai.......................  Not Present.
----------------------------------------------------------------------------------------------------------------

    The land area covered by the SHA and permit (``enrolled property'') 
encompasses 32,280 acres on the southeastern slope of Mauna Loa on the 
island of Hawaii. The enrolled property is bounded by Federal lands to 
the west and south (Hawaii Volcanoes National Park), State lands to the 
east (Puu Makaala Natural Area Reserve) and north (Mauna Loa Forest 
Reserve), and State-leased lands to the north (Kipuka Ainahou Nene 
Sanctuary). Kamehameha Schools' management and stewardship practices 
have contributed to preserving some of the last remaining intact native 
forests in Hawaii. Keauhou Forest and Kilauea Forest support native 
habitat for numerous endangered species. A portion of the enrolled 
property, Kilauea Forest, has been largely unaltered and has long been 
recognized for its native bird populations. The area within the Keauhou 
boundary was formerly altered by ranching and logging operations. 
Currently no cattle ranching operations exist, and both Keauhou and 
Kilauea are managed to preserve and restore the native forests via 
ungulate removal, reforestation, and out-plantings of native and rare 
species. In addition to native forest restoration activities, portions 
of Keauhou (but not Kilauea) will include forest management practices 
for the purposes of sustainably harvesting native hardwoods. These 
efforts implemented by KS are expected to result in a further increase 
in biodiversity in the region. In addition, KS continues to provide 
educational opportunities to promote the conservation of healthy native 
ecosystems.
    Covered activities associated with the SHA include: (1) Removal of 
invasive predators; (2) habitat restoration and native plant community 
outplantings; (3) koa silviculture; (4) ungulate fence installation/
maintenance and ungulate control; (5) invasive weed control; (6) fire 
threat management; (7) response efforts for Rapid Ohia Death; and (8) 
other activities on the enrolled property that are not likely to result 
in take of the covered species due to the incorporation of take 
avoidance and minimization measures. All of the covered activities are 
associated with enhancement of the native forest, and will result in a 
net benefit to each of the covered species. If issued, the permit would 
authorize incidental take of the covered species that may occur as a 
result of the covered activities. Incidental take associated

[[Page 78627]]

with the implementation of the SHA is anticipated to be very low due to 
the incorporation of significant take avoidance and minimization 
measures for each covered activity. Both the SHA and the permit are 
proposed for a term of 50 years.
    Kamehameha Schools is simultaneously applying to the Hawaii DLNR 
for an Incidental Take License (ITL) under the Hawaii Endangered 
Species Law (Hawaii Revised Statutes Sec.  195D). The draft SHA serves 
as the basis for permit and ITL decisions by the Service and the Hawaii 
DLNR, respectively. Kamehameha Schools worked closely with the Service 
and DLNR to develop the SHA.

The Service's Proposed Action

    The Service proposes to enter into the SHA and to issue a permit to 
KS authorizing incidental take of the covered species caused by covered 
activities, if permit issuance criteria are met. Both the SHA and the 
permit would have a term of 50 years.
    Due to the difficulty in monitoring individuals of some of the 
covered species, occupied habitat has been used to establish baseline 
conditions for the Hawaiian forest birds, the Hawaiian hawk, and 
Hawaiian hoary bat. The baseline for the Hawaiian forest birds, 
including the Akiapolaau, Hawaii Creeper, Hawaii Akepa, and Iiwi, is 
represented by the extent of their current occupied habitat, determined 
to be forest habitat with a tree cover of closed canopy, open canopy, 
scattered trees and very scattered trees for a total of 4,162 acres. 
The baseline for the Hawaiian Hawk and Hawaiian hoary bat is defined as 
18,517 acres of open or closed canopy tree cover across the enrolled 
property, of which a majority is native dominated koa and ohia trees.
    The baseline determination for the Nene is based on weekly surveys 
conducted by Hawaii DLNR on the enrolled property and surrounding 
lands. While Nene occasionally transit the property, there are no 
breeding Nene on the enrolled property; therefore the baseline is set 
at zero individuals. Alala are currently extirpated from the wild so 
none occur on the enrolled property. Therefore, the baseline for the 
Alala under the SHA is set at zero individuals.
    Baseline conditions for each of the listed plant species are based 
on comprehensive surveys that occurred on the enrolled property in 2007 
(Table 3). Eight listed plant species are currently known to exist on 
the enrolled property.
    Seventeen of the plant covered species are not currently known to 
be present on the enrolled property. These plants were determined to 
either have the potential to spread naturally onto the enrolled 
property or be reintroduced by KS in the future. The baseline for these 
plants is zero.

 Table 3--Summary of Baselines (Expressed in Terms of Individual Plants)
                 for Covered Plant Species Under the SHA
------------------------------------------------------------------------
                                                                 SHA
                          Species                              baseline
------------------------------------------------------------------------
Asplenium peruvianum var. insulare.........................          128
Clermontia lindseyana, Oha wai.............................           24
Cyanea shipmanii, Haha.....................................          463
Cyanea stictophylla, Haha..................................          104
Phyllostegia racemosa, Kiponapona..........................            4
Phyllostegia velutina......................................           38
Plantago hawaiensis........................................            1
Vicia menziesii............................................           27
Argyroxiphium kauens, Ahinahina............................            0
Clermontia peleana, Oha....................................            0
Cyanea tritomantha, Aku....................................            0
Cyrtandra giffardii, Haiwale...............................            0
Cyrtandra tintinnabula, Haiwale............................            0
Hibiscadelphus giffardianus, Hau kuahiwi...................            0
Joinvillea ascendens, Ohe..................................            0
Melicope zahlbruckneri, Alani..............................            0
Neraudia ovata.............................................            0
Nothocestrum breviflorum, Aiea.............................            0
Phyllostegia floribunda....................................            0
Phyllostegia parviflora....................................            0
Ranunculus hawaiiensis, Makou..............................            0
Sicyos alba, Anunu.........................................            0
Sicyos macrophyllus, Anunu.................................            0
Silene hawaiiensis.........................................            0
Stenogyne angustifolia.....................................            0
------------------------------------------------------------------------

    Under the SHA, the conservation benefits for the covered species 
are expected to be realized through implementation of all of the 
covered activities including: (1) Removal of invasive predators; (2) 
habitat restoration and native plant community outplantings; (3) koa 
silviculture; (4) ungulate fence installation/maintenance and ungulate 
control; (5) invasive weed control; (6) fire threat management; (7) 
response efforts for Rapid Ohia Death; and (8) other activities. 
Additionally, KS will execute a right of access for Alala monitoring 
and predator control. The SHA will also connect a variety of high-
quality National Park and State-owned protected lands, which will 
promote an increase of forest connectivity, covered species populations 
and their distributions.
    Kamehameha Schools will be required to monitor the covered species 
and baseline conditions according to schedule outlined in the SHA. Some 
covered species surveys have been conducted by partners of KS in the 
past; these partners may continue to assist KS in meeting their 
monitoring obligations under the SHA and permit.
    Incidental take of the forest birds (the Akiapolaau, Hawaii 
Creeper, Hawaii Akepa, and the Iiwi) may occur in the form of harm or 
harassment from noise, visual disturbance, or removal of trees in a 
portion of the property from koa silviculture activities and weed 
control. Weed control is likely to result in low levels of take of the 
Hawaiian hawk and the nene in the form of harassment. Habitat 
restoration, installation of new fences, and weed control activities 
may result in the loss or destruction of individuals of covered plant 
species (outplants, propagules), with the exception of three special-
concern species (Vicia menziesii, Phyllostegia racemosa, and Cyanea 
stictophylla), for which additional measures have been incorporated 
into the SHA to fully avoid any adverse effects from these activities. 
Additionally, due to the ephemeral nature of some of the plant species 
life histories, individual plants may be missed during surveys, 
resulting in their loss or degradation caused by covered activities. 
The impact of this loss is anticipated to be minor or negligible to the 
survival and recovery of the covered species. No incidental take of the 
Hawaiian hoary bat, Alala, or the three special-concern plant species 
are anticipated to occur as a result of the covered activities.

Net Conservation Benefit

    The Service anticipates that the SHA will result in the following 
benefits to the covered species: (1) Establishment of new populations 
and/or habitat where they do not currently exist; (2) an increase in 
the current range of wild populations; (3) opportunities to increase 
genetic diversity of the species; (4) a reduction of forest 
fragmentation and an increase in habitat connectivity through habitat 
restoration, enhancement, and creation efforts; (5) an increase in 
habitat connectivity by creating a habitat ``bridge'' between large 
protected areas; and (6) protection and maintenance of current levels 
of occupied nesting and foraging habitats. For these reasons, the 
cumulative impact of this SHA and the activities it covers, which would 
be facilitated by the allowable incidental take, is likely to provide a 
net conservation benefit to the covered species.
    For the reasons discussed above, the conservation measures 
implemented under this SHA are likely to enhance, create, and conserve 
habitat for the long-term recovery of the covered species. Through this 
SHA, KS will provide a large expanse of suitable habitat that is fenced 
and free from ungulates for the

[[Page 78628]]

benefit of multiple animal and plant species to increase their range 
and populations. The 50-year duration of the SHA and permit is 
considered to be sufficient to establish and maintain these goals.
    The management activities to be implemented pursuant to the SHA 
directly support recovery actions and conservation objectives outlined 
in conservation and recovery plans for the covered species (USFWS 
1984a, USFWS 1984b, USFWS 1996, USFWS 1998a, USFWS 1998b, USFWS 1998c, 
USFWS 2004, USFWS 2006, USFWS 2009, Hawaii DLNR 2015, and Fraiola and 
Rubenstein 2007) including: Protection, management, restoration, and 
conservation of suitable and known occupied habitat; ungulate control; 
alien species control; and re-establishment of connectivity of 
currently fragmented habitats.

National Environmental Policy Act Compliance

    A decision by the Service to enter into the proposed SHA and to 
issue the proposed permit are Federal actions that trigger the need for 
compliance with the National Environmental Policy Act of 1969, as 
amended (42 U.S.C. 4321 et seq.) (NEPA). We have made a preliminary 
determination that the proposed SHA and permit actions are eligible for 
categorical exclusion under NEPA. The basis for our preliminary 
determination is contained in the 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, new information, or 
comments from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party via this 
notice on our proposed Federal action. In particular, we request 
information and comments regarding:
    (1) Whether the implementation of the proposed SHA would provide a 
net conservation benefit to the covered species;
    (2) Other conservation measures that would lead to a net-
conservation benefit for the covered species;
    (3) The length of the proposed term of the permit;
    (4) The direct, indirect, and cumulative effects that 
implementation of the SHA could have on the human environment;
    (5) Other plans, projects, or information that might be relevant to 
evaluating the effects of this proposed action; and
    (6) Information regarding the adequacy of the proposed SHA pursuant 
to the requirement for permits at 50 CFR parts 13 and 17.

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 personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable 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 we use in preparing the EAS, will be available for public 
inspection by appointment, during normal business hours, at our Pacific 
Islands Field Office (see ADDRESSES).

Next Steps

    We will evaluate the permit application, associated documents, and 
public comments in reaching a final decision on whether the permit 
application and the EAS meet the requirements of section 10(a) of the 
ESA (16 U.S.C. 1531 et seq.) and NEPA, respectively. The SHA and EAS 
may change in response to public comments. We will also evaluate 
whether the proposed permit action complies with section 7 of the ESA 
by conducting an intra-Service section 7 consultation on the proposed 
action. We will use the results of this consultation, in combination 
with our findings on whether the application meets issuance criteria, 
in our final analysis to determine whether or not to issue the proposed 
permit. If we determine that all requirements are met, we will sign the 
proposed SHA and issue the permit under the authority of section 
10(a)(1)(A) of the ESA to KS for incidental take of the covered species 
caused by covered activities that are implemented in accordance with 
the terms of the permit and the SHA. We will not make our final 
decision until after the end of the 30-day public comment period, and 
we will fully consider all comments and information we receive during 
the public comment period.

Authority

    We provide this notice pursuant to: Section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22); 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6).

Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-26919 Filed 11-7-16; 8:45 am]
 BILLING CODE 4333-15-P