[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34197-34198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15220]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2019-N070; FXES11140100000-190-FF01E00000]


Incidental Take Permit Application To Participate in the Douglas 
County Multiple Species General Conservation Plan, Douglas 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 application from Davis and Davis Farms (applicant) for an 
Endangered Species Act (ESA) incidental take permit (ITP) in 
association with the Douglas County Multiple Species General 
Conservation Plan (GCP). The applicant agrees to implement conservation 
measures consistent with the GCP that will minimize and mitigate the 
impacts of the taking on the Columbia Basin distinct population segment 
of the pygmy rabbit, the greater sage-grouse, the Washington ground 
squirrel, and the Columbian sharp-tailed grouse. Covered activities 
include dryland farming of wheat and horse grazing on the Davis and 
Davis farm in Douglas County, Washington. We invite the public to 
review and comment on the permit application and associated documents.

DATES: To be fully considered, written comments from interested parties 
must be received on or before August 16, 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 ``Davis and Davis Farms GCP 
Permit:''
     Internet Document Review: You may access 
electronic copies of the GCP and associated decision documents online 
at https://www.fws.gov/wafwo/.
     Comment or Request Documents by Email: Include ``Davis and 
Davis Farms-GCP Permit'' in the subject line of the message and send to 
[email protected].
     Comment or Request Documents by U.S. Mail or Comment by 
Hand-Delivery: Public Comments Processing, Attn: FWS-R1-ES-2019-N070; 
U.S. Fish and Wildlife Service; c/o Jessica Gonzales, Central 
Washington Field Office; 215 Melody Lane, Suite 103; Wenatchee, WA 
98801. Printed copies of the permit application and associated 
documents are available for public inspection, by appointment, during 
normal business hours, at this address.

FOR FURTHER INFORMATION CONTACT: Jessica Gonzales, Fish and Wildlife 
Biologist, U.S. Fish and Wildlife Service, Central Washington Field 
Office (see ADDRESSES); telephone 509-665-3508, extension 2000; email 
[email protected]. If you use a telecommunications device for 
the deaf, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Davis and Davis Farms 
(applicant) for an Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.) 
incidental take permit (ITP), in association with the Douglas County 
Multiple Species General Conservation Plan (GCP). The GCP was developed 
by the Foster Creek Conservation District in coordination with the 
Service. The purpose of the GCP is to facilitate an efficient and 
effective process for prospective applicants to obtain ITPs addressing 
land-use activities, take of listed species, and conservation measures 
that are covered under the GCP, in order to offset the impacts of take 
on covered species. A GCP is a programmatic habitat conservation plan, 
authorized under section 10(a)(1)(B) of the ESA.
    In this case, the applicant agrees to implement conservation 
measures consistent with the GCP that will minimize and mitigate the 
impacts of the taking on the following covered species: The federally 
endangered Columbia Basin distinct population segment of the pygmy 
rabbit (Brachylagus idahoensis), the Federal candidate greater sage-
grouse (Centrocercus urophasianus), the Federal candidate Washington 
ground squirrel (Urocitellus washingtoni), and the unlisted species 
Columbian sharp-tailed grouse (Tympanuchus phasianellus columbianus). 
Covered activities include dryland farming of wheat and horse grazing 
on the Davis and Davis farm in Douglas County, Washington. We invite 
the public to review and comment on the permit application and 
associated documents.

Background

    Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531) 
prohibits ``take'' of fish and wildlife species listed as endangered or 
threatened. Section 10(a)(1)(B) of the ESA, along with Service policy 
dated October 5, 2007, on GCPs, allows the Service to issue ITPs to 
non-Federal entities for incidental take of endangered or threatened 
species that is caused by otherwise lawful activities, providing the 
following criteria are met: (1) The taking will be incidental; (2) the 
applicant will, to the maximum extent practicable, minimize and 
mitigate the impact of such taking; (3) the applicant will ensure that 
adequate funding for the plan will be provided; (4) the taking will not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild; and (5) the applicant will carry out any other 
measures that the Service may require as being necessary or appropriate 
for the purposes of the plan. Regulations governing permits for 
endangered and threatened species are found in 50 CFR 17.22 and 17.32, 
respectively.
    The Service has conducted a review of the site plan submitted with 
the ITP application and has made a preliminary determination that the 
site plan meets all necessary requirements of the Douglas County 
Multiple Species GCP and is consistent with previous environmental 
analyses and decision documents associated with the GCP.
    The GCP and an associated environmental assessment (EA), developed 
pursuant to the requirements of the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.), were made available for public review during 
a 60-day public comment period between November 14, 2014, and January 
13,

[[Page 34198]]

2015 (79 FR 68289). The Service finalized the EA in June of 2015, and a 
finding of no significant impact (FONSI) was signed on September 17, 
2015. Findings and recommendations addressing the issuance of future 
ITPs for activities covered under the GCP were also signed on September 
17, 2015. The Service will not make a final permit decision until after 
the end of the 30-day comment period, following full consideration of 
all comments received.

Proposed Action

    The Service proposes to issue the requested 47-year ITP based on 
the applicant's commitment to implement the site plan prepared pursuant 
to the requirements of the GCP, if permit issuance criteria are met. 
Covered activities include dryland farming of wheat and horse grazing. 
The area covered under the proposed ITP encompasses about 4,017 acres 
owned and leased by Davis and Davis Farm within the area covered by the 
GCP in Douglas County, Washington.
    Take of the following covered species is likely to occur in 
conjunction with activities covered under the GCP: The Columbia Basin 
distinct population segment of pygmy rabbit, the greater sage-grouse, 
the Washington ground squirrel, and the Columbian sharp-tailed grouse. 
Such take is expected to occur on the following lands owned or leased 
by Davis and Davis Farms: 710.8 acres of shrub-steppe habitat; 2,576.2 
acres of agriculture lands (dryland and irrigated agriculture); and 
730.4 acres of Conservation Reserve Program/State Acres For Wildlife 
Enhancement (CRP/SAFE) shrub-steppe habitat that might be converted to 
dry-land or irrigated crop production in the future. These acreages are 
surrogates for the anticipated amount of incidental take and are within 
the amounts considered in the EA and FONSI, and the Biological Opinion/
Conference Opinion addressing the issuance of ITPs in association with 
implementation of the GCP.
    As a GCP participant, Davis and Davis Farms will aid in covered 
species recovery through implementation of conservation measures 
resulting in appropriate grazing management, maintenance of existing 
shrub-steppe habitat, implementation of timing restrictions, 
notification to the Service prior to conversion of occupied CRP/SAFE 
habitat, and additional measures. The GCP also includes criteria to 
evaluate CRP/SAFE acres, and other protected land acres across Douglas 
County, and if those acres decrease below certain thresholds, the 
Foster Creek Conservation District will work with the Service and 
others to address the decrease, or revisit the GCP. With implementation 
of the site plan, we do not anticipate CRP/SAFE acres threshold 
criteria will be triggered or changes in the numbers, distribution, or 
reproduction of the covered species will appreciably reduce the 
likelihood of their survival and recovery in the wild.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. We specifically request written 
information, views and suggestions with respect to the application for 
the incidental take permit.

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

Next Steps

    The Service previously approved the GCP, and recommended approval 
of future permit applications developed consistent with the GCP, 
concluding that such permits would meet the issuance criteria for ITPs, 
and would not result in significant effects to the human environment. 
After public review, we will evaluate the permit application, 
associated documents, and any comments received, to confirm that the 
permit application meets the requirements of section 10(a)(1)(B) of the 
ESA and the GCP. We will also evaluate whether issuance of the 
requested ITP would comply with section 7 of the ESA by conducting an 
intra-Service section 7 consultation under section 7(a)(2) of the ESA 
on anticipated ITP actions. In addition, we will evaluate whether 
issuance of the requested ITP will be consistent with the finding of no 
significant impact under NEPA issued in relation to the GCP. As noted 
above, we will not make a final permit decision until after the end of 
the 30-day comment period, and we will fully consider all comments 
received during the comment period. If we determine that all 
requirements are met we will issue an ITP to the applicant for the take 
of the covered species, incidental to otherwise lawful covered 
activities implemented under the site plan prepared in accordance with 
the GCP.

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA and its implementing regulations (50 CFR 17.22) 
and NEPA and its implementing regulations (40 CFR 1506.6).

Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish and Wildlife Service.
[FR Doc. 2019-15220 Filed 7-16-19; 8:45 am]
BILLING CODE 4333-15-P