[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32701-32702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14538]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2018-0064]


Notice of Availability of an Environmental Assessment; 
Southwestern Willow Flycatcher Conservation Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability and request for comments.

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SUMMARY: We are advising the public that the U.S. Department of 
Agriculture (USDA) and its sub-agency, the Animal and Plant Health 
Inspection Service (APHIS), are making available a draft environmental 
assessment for a conservation program pursuant to the Endangered 
Species Act to benefit the southwestern willow flycatcher, a small, 
neotropical migrant bird found in Arizona, California, Colorado, 
Nevada, New Mexico, Texas, and Utah. The draft environmental assessment 
examines the environmental effects associated with the selection of the 
program alternatives and conservation measures that USDA and APHIS 
propose to implement. We are making the draft environmental assessment 
available to the public for review and comment.

DATES: We will consider all comments that we receive on or before 
August 8, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0064.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2018-0064, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2018-
0064 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW, Washington, DC. 
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Kai Caraher, Biological Scientist, 
PHP, PPQ, APHIS, 4700 River Road, Unit 150, Riverdale, MD 20737-1231; 
(301) 851-2345; [email protected].

SUPPLEMENTARY INFORMATION: Saltcedar, also known as tamarisk (Tamarix 
species), is an invasive plant widely established in riparian areas in 
the western United States. This non-native weed, which can take the 
form of a shrub or small tree, was introduced into the United States in 
the latter 19th century. Although saltcedar is an invasive plant, 
native animals have adapted to its presence.
    In 1986, the U.S. Department of Agriculture's (USDA's) Agricultural 
Research Service (ARS) began research into the potential for biological 
control of saltcedar. From 1998 to 2000, ARS conducted open field 
release trials of tamarisk leaf beetles (Diorhabda species) to 
determine the conditions under which releases could succeed. These 
field trials took place after ARS consulted with the U.S. Fish and 
Wildlife Service (USFWS) to ensure compliance with the Endangered 
Species Act (ESA). USDA's Animal and Plant Health Inspection Service 
(APHIS) permitted the releases after it completed additional 
environmental risk analyses and provided the public an opportunity to 
comment on the documents.
    In 2005, APHIS initiated a biological control program for saltcedar 
defoliation in the northern United States using the tamarisk leaf 
beetle as the biological control agent in limited locations

[[Page 32702]]

outside of the habitat of the southwestern willow flycatcher (SWFL, 
Empidonax traillii extimus). Greater than anticipated natural 
dispersion and intentional human-assisted movement of the beetle into 
SWFL habitat caused defoliation of saltcedar trees, hampering the 
flycatcher's nesting success.
    After tamarisk leaf beetles were discovered in SWFL habitat, APHIS 
terminated its saltcedar biological control program in 2010 and 
canceled release permits because of concern about the potential adverse 
effects to SWFL. APHIS reinitiated consultation with USFWS on these 
actions, in compliance with section 7(a)(2) of the ESA and 16 U.S.C. 
1536(a)(2), and USFWS concurred with APHIS' determination that these 
actions were not likely to adversely affect the SWFL.
    On September 30, 2013, the Center for Biological Diversity filed a 
lawsuit against USDA, APHIS, ARS, the Department of the Interior (DOI), 
and USFWS alleging that the APHIS saltcedar biological control program 
violated the National Environmental Policy Act of 1969 (NEPA), as 
amended (42 U.S.C. 4321 et seq.) and the ESA. On May 3, 2016, the Court 
granted the plaintiff's second of five claims, finding that APHIS did 
not comply with the ESA section 7(a)(1), which requires Federal 
agencies to consult with DOI and ``utilize their authorities in 
furtherance of the purposes of [the ESA] by carrying out programs for 
the conservation of endangered species and threatened species listed 
pursuant to [16 U.S.C. 1533]'' 16 U.S.C. 1536(a)(1). On June 19, 2018, 
the Court ordered USDA and APHIS to publish proposed conservation 
program alternatives in compliance with ESA section 7(a)(1), solicit 
public comments on the proposed alternatives, then publish a draft 
environmental assessment for public comment, and complete review of all 
public comments, and issue final decision and final environmental 
assessment, or an environmental impact statement (EIS) should it be 
appropriate.
    On October 26, 2018, APHIS published in the Federal Register (83 FR 
54080-54082, Docket No. APHIS-2018-0064) a notice \1\ informing the 
public of APHIS' intent to conduct a scoping process and prepare an 
environmental assessment (EA). We solicited comments for 30 days ending 
on November 26, 2018. We received 23 comments by that date. After 
reviewing the comments, APHIS prepared the draft EA to examine the 
environmental effects of possible program alternatives, including 
conservation measures available to USDA and APHIS as well as a ``no 
action'' alternative. The EA will be used for planning and 
decisionmaking and to inform the public about the environmental effects 
of the various conservation actions.
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    \1\ To view the notice and the comments we received, go to 
https://www.regulations.gov/docket?D=APHIS-2018-0064.
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    We are announcing the availability of the draft EA that considers 
the potential environmental effects of the proposed conservation 
measures. We are requesting public comments on the listed conservation 
program alternatives to ensure that additional potential alternatives 
and environmental issues overlooked by USDA and APHIS in the draft EA 
can be identified and examined before it is finalized. Based on the 
comments that we receive, we may determine that we should prepare an 
environmental impact statement (EIS) instead of an EA. In that case, we 
would notify the public of our intent to prepare an EIS in a notice 
published in the Federal Register.

Proposed Programmatic Alternatives

    The Council on Environmental Quality's (CEQ's) regulations for 
implementing the procedural provisions of NEPA regulations (40 CFR 
1508.25) require the scope of analysis to include a no action 
alternative in comparison to other reasonable courses of action. Under 
the no action alternative, APHIS would evaluate the current USDA 
programs benefitting the SWFL and would not develop any new 
conservation programs for the species.
    Under the proposed conservation program alternative, APHIS would 
assist existing conservation programs, contribute funding, monitor 
beetle impacts, and evaluate participation in additional current or 
future projects with the potential to benefit the flycatcher. APHIS 
received conservation program suggestions during the notice of intent 
comment period. These measures include:
     Expanding the educational campaign to include discouraging 
human-aided distribution of the tamarisk leaf beetle near known 
flycatcher nesting sites;
     Funding the construction, installation, and maintenance of 
cowbird traps in flycatcher-occupied riparian habitat to reduce nest 
parasitism; and
     Funding additional development and testing of a tamarisk 
leaf beetle repellent by Montana State University.
    The EA will be prepared in accordance with: (1) NEPA, (2) CEQ's 
regulations for implementing the procedural provisions of NEPA (40 CFR 
parts 1500-1508), (3) USDA's regulations implementing NEPA (7 CFR part 
1b), and (4) APHIS' regulations implementing NEPA (7 CFR part 372). In 
addition to publishing this notice in the Federal Register, APHIS will 
send the draft EA to 15 Tribal governments, the USDA's Natural Resource 
Conservation Service and Forest Service, the Bureau of Reclamation, the 
Bureau of Land Management, the USFWS-Ecological Services and the 
National Wildlife Refuge System, the U.S. Geological Survey, the 
National Park Service, 7 States, and dozens of individuals from non-
governmental groups (conservation and academic researchers). APHIS 
requests that Federal, State, Tribal, or local government entities who 
manage areas, or have jurisdictional control over sites or actions 
under consideration as part of this conservation program, contribute to 
this environmental risk analysis and development of the final NEPA 
documents.

    Done in Washington, DC, this 2nd day of July 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-14538 Filed 7-8-19; 8:45 am]
BILLING CODE 3410-34-P