[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Notices]
[Pages 23064-23066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10553]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2019-N024; FXES11140100000-190-FF01E00000]


Proposed Programmatic Candidate Conservation Agreement With 
Assurances for the Island Marble Butterfly in San Juan County, 
Washington

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 (EOS) permit application from the 
Washington Department of Fish and Wildlife pursuant to the Endangered 
Species Act (ESA). The requested permit would authorize the incidental 
take of the island marble butterfly, proposed for listing as 
endangered, should the species become federally listed under the ESA. 
The permit application includes a proposed candidate conservation 
agreement with assurances (CCAA) that describes the habitat management 
actions that will be taken for the conservation of the island marble 
butterfly. We announce the availability of a draft environmental action 
statement addressing the CCAA and proposed permit. We invite the public 
to review and comment on the documents.

DATES: To ensure consideration, please submit written comments by June 
20, 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 ``Island Marble Butterfly 
CCAA.''
     Internet: Documents may be viewed or downloaded on the 
internet at http://www.fws.gov/wafwo/.
     Email: [email protected].
     U.S. Mail: Acting State Supervisor, Public Comments 
Processing, Attn: FWS-R1-ES-2019-N024; U.S. Fish and Wildlife Service; 
510 Desmond Drive SE, Suite 102, Lacey, WA 98503.
     In-Person Drop-off, Viewing or Pickup: Call 360-753-6046 
to make an appointment (necessary for viewing or picking up documents 
only), during regular business hours at the above address. 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: Tom McDowell, U.S. Fish and Wildlife 
Service (see ADDRESSES); telephone: 360-753-6046; facsimile: 360-753-
9405. If you use a telecommunications device for the deaf, please call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Service has received an application from 
the Washington Department of Fish and Wildlife (WDFW) for an EOS permit 
pursuant to section 10(a)(1)(A) of the Endangered Species Act (ESA; 16 
U.S.C. 1531 et seq.). The requested 15-year permit would authorize the 
incidental take of the island marble butterfly (Euchloe ausonides 
insulanus), which is proposed to be federally listed as endangered, in 
the event it becomes listed, in exchange for habitat conservation 
actions that are expected to provide a net conservation benefit for the 
species. The application includes a proposed programmatic candidate 
conservation agreement with assurances (CCAA) that describes the 
existing baseline conditions and the activities that are intended to 
produce a net conservation benefit for the island marble butterfly on 
private and county lands on San Juan and Lopez Islands in San Juan 
County, Washington. Non-Federal property owners may continue to enroll 
in this CCAA so long as the CCAA remains in effect and the island 
marble butterfly is not listed as endangered under the ESA.

Background

    Section 9 of the ESA prohibits the ``take'' of fish and wildlife 
species listed as endangered or threatened. 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

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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 CCAA, private and other non-Federal property owners 
voluntarily undertake management activities on their properties to 
enhance, restore, or maintain habitat to benefit species that are 
candidates or proposed for listing under the ESA. An ESA section 
10(a)(1)(A) enhancement-of-survival permit is issued to the agreement 
participant providing a specific level of incidental take coverage 
should the property owner's agreed-upon conservation measures and 
routine property-management actions (e.g., agricultural, ranching, or 
forestry activities) result in take of the covered species if the 
covered species is listed. Through a CCAA and associated enhancement of 
survival permit, issued pursuant to section 10(a)(1)(A) of the ESA, 
non-Federal property owners agree to implement conservation efforts for 
covered species, and the Service provides assurances to property owners 
that they will not be subjected to additional conservation measures nor 
additional land, water, or resource use restrictions beyond those the 
property owner voluntarily committed to under the terms of the original 
agreement.
    Application requirements and issuance criteria for EOS permits for 
CCAAs are found in the Code of Regulations (CFR) at 50 CFR 17.22(d) and 
17.32(d), respectively. See also our joint policy on CCAAs, which we 
published in the Federal Register with the Department of Commerce's 
National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service (64 FR 32726; June 17, 1999).
    On April 12, 2018, the Service published in the Federal Register a 
proposed rule to list the island marble butterfly as endangered and to 
designate critical habitat for the species (83 FR 15900). In 
anticipation of the potential listing of the island marble butterfly 
under the ESA, WDFW requested assistance from the Service in developing 
a CCAA addressing this species on behalf of private landowners and San 
Juan County on San Juan and Lopez Islands, Washington.
    The island marble butterfly was historically known from just two 
areas along the southeast coast of Vancouver Island, British Columbia, 
Canada: The Greater Victoria area at the southern end of Vancouver 
Island; and near Nanaimo and on adjacent Gabriola Island. The last 
known specimen of the island marble butterfly from Canada was collected 
in 1908 on Gabriola Island, and the species is now considered 
extirpated from the province. After 90 years without a documented 
occurrence, the island marble butterfly was rediscovered in 1998 on San 
Juan Island, San Juan County, Washington. Subsequent surveys in 
suitable habitat across southeastern Vancouver Island and the Gulf 
Islands in Canada, as well as the San Juan Islands and six adjacent 
counties in the United States (Whatcom, Skagit, Snohomish, Jefferson, 
Clallam, and Island counties), revealed only two other occupied areas: 
One on San Juan Island and another on Lopez Island. Since 2006, the 
number and distribution of island marble butterfly populations have 
declined. Habitat has been lost through conversion and degradation, 
particularly from agricultural and residential development, plant 
community succession and changes associated with invasive plants, and 
herbivory of host plants (and the resulting indirect predation on 
butterfly eggs and larvae) by deer. The island marble butterfly is 
presently only known to occur in a single area centered on American 
Camp at San Juan Island National Historical Park, including small areas 
of land immediately east and west adjoining the National Park. This 
currently occupied area is located at the southern tip of San Juan 
Island.

Proposed Action

    The Proposed Action is issuance of a requested 15-year Permit with 
the option for renewal based on WDFW's commitment to implement the 
proposed CCAA, including issuance of certificates of inclusion to 
participating non-Federal landowners. The proposed CCAA would implement 
conservation measures that contribute to the recovery of the island 
marble butterfly. The take authorization under the proposed permit 
becomes effective if the species is listed, as long as the enrolled 
landowner is in compliance with the terms and conditions of their 
certificate of inclusion and the EOS permit. The CCAA ``emphasis 
areas'' are the expansive, non-forested, open areas within the 
agricultural and residential landscape within the central valley on San 
Juan Island, the central valley on Lopez Island, and areas adjacent to 
American Camp within the San Juan Island National Historical Park. The 
combined CCAA covered area totals approximately 8,800 acres. However, 
landowners with open areas outside of these emphasis areas may also 
enroll in the CCAA. Primary conservation measures implemented under the 
CCAA include habitat patch establishment/creation, habitat patch 
maintenance, habitat patch management, avoiding development of 
detrimental habitat, and optional deer management (fencing or lethal 
control). Additional conservation measures include allowing resource 
agency staff to monitor habitat patches and use of habitat patches by 
the butterfly, and to salvage/rescue the butterfly when necessary. 
Covered landowner activities include ongoing agricultural, ranching, 
recreational, and transportation use/maintenance activities, and 
ongoing activities associated with enrollee occupancy (e.g., property 
management and maintenance), in addition to the implementation of CCAA 
conservation measures.
    The draft EAS now available for public review (see ADDRESSES) 
includes a finding that the proposed CCAA 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 proposed CCAA 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 
the adequacy of the CCAA 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

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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 Washington Fish and Wildlife Office (see ADDRESSES).

Authority

    We provide this notice in accordance with the requirements of 
section 10 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).

Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish and Wildlife Service.
[FR Doc. 2019-10553 Filed 5-20-19; 8:45 am]
 BILLING CODE 4333-15-P