[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66296-66297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27890]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N100; FXES11140100000-189-FF01E00000]


Proposed Crestmont Farm Safe Harbor Agreement for the Taylor's 
Checkerspot Butterfly in Benton County, Oregon

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 enhancement of survival permit application from Crestmont 
Farm pursuant to the Endangered Species Act of 1973. The permit 
application includes a draft safe harbor agreement (SHA) developed for 
the conservation of the Taylor's checkerspot butterfly. The permit 
would authorize the incidental take of the endangered Taylor's 
checkerspot butterfly associated with habitat management actions 
intended to benefit the butterfly. We have prepared a draft environment 
action statement (EAS) for our preliminary determination that the SHA 
and permit decision may be eligible for categorical exclusion under the 
National Environmental Policy Act. We are making the permit application 
package, including the proposed SHA and draft EAS, available for public 
review and comment.

DATES: To ensure consideration, written comments must be received from 
interested parties no later than January 25, 2019.

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 ``Crestmont Farm SHA.''
     Internet: Documents may be viewed on the internet at 
http://www.fws.gov/oregonfwo/.
     Email: [email protected].
     U.S. Mail: State Supervisor, U.S. Fish and Wildlife 
Service; 2600 SE 98th Avenue, Suite 100; Portland, OR 97266.
     Fax: 503-231-6195, Attn: Crestmont Farm SHA.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment (necessary for viewing or picking up documents only), 
during normal business hours at the U.S. Fish and Wildlife Service (at 
the above address); call 503-231-6179 to make an appointment. 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: Richard Szlemp, 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 Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We have received an enhancement of survival 
permit application from Crestmont Farm pursuant to section 10(a)(1)(A) 
of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 
et seq.). The requested permit would authorize the incidental take of 
the Taylor's checkerspot butterfly (Euphydryas editha taylori) in 
exchange for habitat conservation actions that are expected to provide 
a net conservation benefit for the species. The permit application 
includes a proposed safe harbor agreement (SHA) that describes the 
existing baseline conditions, and the activities that are intended to 
produce a net conservation benefit for Taylor's checkerspot butterfly.

Background

    Section 9 of the ESA prohibits the take of fish and wildlife 
species listed as endangered or threatened under section 4 of the ESA. 
Under the ESA, the term ``take'' means to harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined 
in our regulations, includes significant habitat modification or 
degradation that results in death or injury to listed species by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is 
defined in our regulations as an intentional or negligent act or 
omission which creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns, which include, but are not limited to, breeding, feeding, or 
sheltering (50 CFR 17.3). Under specified circumstances, however, we 
may issue permits that authorize take of federally listed species, 
provided the take is incidental to, but not the purpose of, an 
otherwise lawful activity. Regulations governing permits for endangered 
species are at 50 CFR 17.22.
    Under a SHA, participating landowners voluntarily undertake 
management activities on their property to enhance, restore, or 
maintain habitat benefiting species listed under the ESA. SHAs, and the 
subsequent enhancement of survival permits that are issued pursuant to 
section 10(a)(1)(A) of the ESA, encourage private and other non-federal 
property owners to implement conservation efforts for listed species by 
providing assurances that they will not be subjected to increased 
property use restrictions as a result of their efforts to attract 
listed species to their property, or to increase the numbers or 
distribution of listed species already on their property. Application 
requirements and issuance criteria for enhancement of survival permits 
through SHAs are found in 50 CFR 17.22(c). As provided for in the 
Service's final Safe Harbor Policy (64 FR 32717; June 17, 1999), SHAs 
provide assurances that allow the property owner to alter or modify 
their

[[Page 66297]]

enrolled property, even if such alteration or modification results in 
the incidental take of listed species to such an extent that it 
returned the species back to the originally agreed upon baseline 
conditions.
    We listed the Taylor's checkerspot as an endangered species on 
October 3, 2013 (78 FR 61452), with critical habitat. Historically, the 
Taylor's checkerspot butterfly was likely distributed throughout 
grassland habitat found on prairies, grassland bluffs, and grassland 
openings within a forested matrix. Habitat has been lost through 
conversion and degradation of habitat, particularly from agricultural 
and urban development, successional changes where grassland habitat 
reverted more towards forest characteristics, and the spread of 
invasive plants. In Oregon, the Taylor's checkerspot butterfly is 
presently only known to occur at two sites. Both sites are located in 
Benton County on grassland hills within a forested matrix in the 
Willamette Valley.

Proposed Action

    Crestmont Farm and the Service jointly developed the proposed SHA 
for the conservation of the Taylor's checkerspot butterfly. The 
physical area addressed by this SHA encompasses approximately 27 acres 
that lie within a suspended, high-voltage powerline corridor. The area 
covers the majority of the known population of Taylor's checkerspot 
butterfly at this site. Current vegetative conditions are typical of 
powerline corridor areas and include a mixture of grassland, shrubs, 
and young trees, with a fairly linear border of managed conifer forest. 
Management actions taken under the SHA are intended to maintain 
existing habitat conditions as well as increase the distribution and 
abundance of Taylor's checkerspot butterfly through enhancement of 
adjacent or nearby, unoccupied grassland habitat. Providing additional 
habitat areas can also increase the likelihood of persistence of the 
Taylor's checkerspot butterfly by offering microhabitat variations that 
may provide a range of habitat conditions that is not equally adversely 
affected by weather, plant community changes, predator populations, 
etc. The Service will coordinate a variety of management activities 
with Crestmont Farm pursuant to this SHA. These management activities 
generally include: (1) Controlling/reducing non-native grasses; (2) 
controlling/reducing woody vegetation encroachment; (3) increasing the 
density and diversity of larval host plants, native nectar species, and 
other native species; and (4) maintaining suitable habitat conditions. 
In addition, the SHA provides for research and monitoring to occur.
    The draft EAS now available for public review (see 
ADDRESSESindicates that the proposed SHA and permit decision may be 
eligible for a categorical exclusion under the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We are making the permit 
application package, including the SHA, and draft EAS, available for 
public review and comment.

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, including 
adequacy of the SHA pursuant to the requirements for permits at 50 CFR 
parts 13 and 17 and adequacy of the EAS pursuant to NEPA.

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. 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, will be available for public inspection by appointment, 
during normal business hours, at our Oregon Fish and Wildlife Office 
(see ADDRESSES).

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 Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-27890 Filed 12-21-18; 8:45 am]
 BILLING CODE 4333-15-P