[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Notices]
[Pages 54370-54371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23566]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R6-ES-2018-0075; FF06E23000-189-FXES11140600000]


Endangered and Threatened Wildlife and Plants; Wayne County, 
Utah, Incidental Take Permit Application; Range-Wide General 
Conservation Plan for Utah Prairie Dog

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of several documents related to an incidental take permit 
(ITP) application under the Endangered Species Act. If approved, the 
permit would authorize Wayne County, Utah, to incidentally take Utah 
Prairie Dogs through under an existing Range-wide General Conservation 
Plan for Utah Prairie Dogs (GCP). We provide this notice to seek 
comments from the public and Federal, Tribal, State, and local 
governments.

DATES: We will accept comments received or postmarked on or before 
November 28, 2018. Comments submitted electronically using 
regulations.gov (see ADDRESSES) must be received by 11:59 p.m. eastern 
time on the closing date.

ADDRESSES: 
    Obtaining Documents:
     Internet: You may obtain copies of the application and 
related documents, as well as any comments and other materials that we 
receive, in Docket No. FWS-R6-ES-2018-0075 at http://www.regulations.gov.
     U.S. Mail: Copies of the application and related documents 
are available from the U.S. Fish and Wildlife Service, Utah Ecological 
Services Field Office, 2369 W Orton Circle, #50, West Valley City, UT 
84119. Please note that your request is in reference to the ``Wayne 
County, UT, ITP.''
     In-person: Copies of the application and related documents 
will also be available for public inspection by appointment (call 801-
975-3330) during normal business hours at the Utah Ecological Services 
Field Office (address above).
    Submitting Comments: You may submit comments by one of the 
following methods. Please specify that your comments are regarding the 
``Wayne County, UT, ITP.''
     Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R6-ES-2018-0075.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R6-ES-2018-0075; U.S. Fish and Wildlife Service; 
MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments by only the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
(see Public Comments under SUPPLEMENTARY INFORMATION).

FOR FURTHER INFORMATION CONTACT: Laura Romin, 801-975-3330, ext. 142 
(phone), or [email protected] (email). If you use a 
telecommunications device for the deaf, hard-of-hearing, or speech 
disabled, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of an incidental take permit 
application from Wayne County, Utah. The permit would allow Wayne 
County to be a master permit holder under the Service's Utah prairie 
dog General Conservation Plan (GCP) (see Background). The Endangered 
Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.) and our 
implementing regulations in part 17 of title 50 of the Code of Federal 
Regulations (CFR), provide for the issuance of such permits and require 
that we invite public comment before issuing permits for activities 
involving endangered or threatened species.

Background

    Section 9 of the ESA and its implementing regulations prohibit take 
of fish and wildlife species listed as endangered or threatened (16 
U.S.C. 1538). Under section 3 of the ESA, the term ``take'' means to 
``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or attempt to engage in any such conduct'' (16 U.S.C. 
1532(19)).
    Under section 10(a) of the ESA, the Service may issue permits to 
authorize incidental take of listed fish and wildlife species. 
``Incidental take'' is defined by the ESA as take that is incidental 
to, and not the purpose of, carrying out an otherwise lawful activity. 
Section 10(a)(1)(B) of the ESA contains provisions for issuing 
incidental take permits to non-Federal entities for the incidental take 
of endangered and threatened species, provided in part that a 
conservation plan is developed and implemented. Regulations governing 
permits for listed fish and wildlife species are at 50 CFR 17.22.
    In April 2018, the Service completed a GCP to provide a streamlined 
mechanism for authorizing incidental take of Utah prairie dogs that may 
result from residential and commercial development activities across 
the range of the species in central and southwest Utah. The GCP 
fulfilled requirements of the ESA for issuing permits to authorize take 
of Utah prairie dogs incidental to development activities. The GCP 
includes measures to minimize and mitigate the impacts of the take; 
these measures include prairie dog translocations, habitat and plague 
management at translocation sites, and the protection of occupied Utah 
prairie dog habitats, all of which are consistent with our recovery 
objectives for this species.
    The GCP operates under either of two permitting structures: (1) 
Master permits and (2) individual permits. Wayne County's permit 
application is for a master permit. Under the master permit structure, 
project proponents would contact Wayne County (i.e., master permit 
holder) for a certificate of inclusion. Wayne County would provide take 
authorization for Utah prairie dogs through the certificates of 
inclusion to project proponents who agree to adhere to the conditions 
of the GCP and the county's master permit.
    We previously issued master permits under the GCP to Iron, Beaver, 
and Garfield Counties. We propose, at this time, to issue a 10-year 
master permit for incidental take of the Utah prairie dog in Wayne 
County, if Wayne County's application demonstrates commitments to 
implement the requirements of the GCP, thereby meeting all ESA section 
10(a)(1)(B) permit issuance criteria.

Public Comments

    We request information, views, and opinions from the public 
specifically on our proposed Federal action, the issuance of a master 
incidental take permit to Wayne County. Written comments received 
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 your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you may request in your 
comment that we withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or

[[Page 54371]]

businesses and from individuals identifying themselves as 
representatives or officials of organizations or businesses will be 
made available for public disclosure in their entirety.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations for incidental take 
permits (50 CFR 17.22).

    Dated: August 9, 2018.
Laura Romin,
Utah Deputy Field Supervisor, Mountain-Prairie Region, U.S. Fish and 
Wildlife Service, Salt Lake City, Utah.
[FR Doc. 2018-23566 Filed 10-26-18; 8:45 am]
 BILLING CODE 4333-15-P