[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Notices]
[Pages 51698-51700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18137]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2022-0109; FXES11140400000-223-FF04EN1000]


Programmatic Enhancement of Survival Permit for a Safe Harbor 
Agreement and Candidate Conservation Agreement With Assurances for 
Aquatic Species in North Carolina; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments and information.

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SUMMARY: We, the Fish and Wildlife Service (Service), have received an 
application from the North Carolina Wildlife Resources Commission 
(applicant, NCWRC) for an enhancement of survival permit for take of 
aquatic species in North Carolina. The applicant also submitted a 
combined proposed programmatic safe harbor agreement (SHA) and 
candidate conservation agreement with assurances (CCAA) in support of 
the application. The Service has prepared an environmental action 
statement and low-effect screening form, both of which are also 
available for public review. We invite the public and local, State, 
Tribal, and Federal agencies to comment on these documents.

DATES: We must receive your written comments on or before September 22, 
2022.

ADDRESSES:
    Obtaining Documents: You may obtain copies of the documents at 
https://www.regulations.gov in Docket No. FWS-R4-ES-2022-0109.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0109.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R4-ES-2022-0109; U.S. Fish and Wildlife Service, 
MS: JAO/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Jason Mays, by telephone at 828-747-
2394 or via email at [email protected]. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), 
have received an application from the North Carolina Wildlife Resources 
Commission (applicant, NCWRC) for an enhancement of survival permit for 
take of aquatic species in North Carolina. The applicant also submitted 
a combined proposed programmatic safe harbor agreement (SHA) and 
candidate conservation agreement with assurances (CCAA) (agreement) in 
support of the application. The applicant intends to implement the 
agreement to actively manage the covered species to benefit the 
recovery of federally listed species and to prevent the need to list 
candidate species within the boundaries of State of North Carolina. The 
Service has made a preliminary determination that the proposed 
agreement qualifies as ``low-effect,'' categorically excluded, under 
the National Environmental Policy Act. To make this determination, we 
used our environmental action statement and low-effect screening form, 
both of which are also available for public review.

Covered Species

    The Service and the applicant have mutually agreed that the 
following 21 aquatic species (covered species) will benefit from the 
implementation of management activities on private lands enrolled by 
NCWRC as part of the agreement.

[[Page 51699]]



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                                                                 Status  (endangered or
             Common name                   Scientific name            threatened)              Where listed
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                                                     Fishes
----------------------------------------------------------------------------------------------------------------
Chub, Spotfin........................  Erimonax monachus......  Threatened.............  Wherever found, except
                                                                                          where listed as an
                                                                                          experimental
                                                                                          population.
Floater, Brook.......................  Alasmidonta varicosa...  N/A....................  N/A.
Logperch, Roanoke....................  Percina rex............  Endangered.............  Wherever found.
Madtom, Carolina.....................  Noturus furiosus.......  Endangered.............  Wherever found.
Madtom, orangefin....................  Noturus gilberti.......  N/A....................  N/A.
Redhorse, robust.....................  Moxostoma robustum.....  N/A....................  N/A.
Shiner, Cape Fear....................  Notropis mekistocholas.  Endangered.............  Wherever found.
Sturgeon, lake.......................  Acipenser fulvescens...  N/A....................  N/A.
----------------------------------------------------------------------------------------------------------------
                                                      Clams
----------------------------------------------------------------------------------------------------------------
Clubshell, Tennessee.................  Pleurobema oviforme....  Under Review...........  N/A.
Elktoe, Appalachian..................  Alasmidonta raveneliana  Endangered.............  Wherever found.
Floater, green.......................  Lasmigona subviridis...  Under Review...........  N/A.
Heelsplitter, Carolina...............  Lasmigona decorata.....  Endangered.............  Wherever found.
Lance, yellow........................  Elliptio lanceolata....  Threatened.............  Wherever found.
Longsolid............................  Fusconaia subrotunda...  Proposed Threatened....  Wherever found.
Moccasinshell, Cumberland............  Medionidus conradicus..  Under Review...........  N/A.
Pigtoe, Atlantic.....................  Fusconaia masoni.......  Threatened.............  Wherever found.
Spinymussel, James...................  Parvaspina collina.....  Endangered.............  Wherever found.
Spinymussel, Tar River...............  Parvaspina               Endangered.............  Wherever found.
                                        steinstansana.
Wedgemussel, dwarf...................  Alasmidonta heterodon..  Endangered.............  Wherever found.
----------------------------------------------------------------------------------------------------------------
                                                     Snails
----------------------------------------------------------------------------------------------------------------
Ramshorn, magnificent................  Planorbella magnifica..  Candidate..............  N/A.
----------------------------------------------------------------------------------------------------------------
                                                   Amphibians
----------------------------------------------------------------------------------------------------------------
Waterdog, Neuse River................  Necturus lewisi........  Threatened.............  Wherever found.
----------------------------------------------------------------------------------------------------------------

    The covered species that are already listed as endangered or 
threatened under the Endangered Species Act of 1973, as amended (ESA; 
16 U.S.C. 1531 et seq.), would be eligible for the SHA component of the 
agreement, while species currently not listed, including species 
considered to be candidate and proposed species at the time of its 
issuance, would be eligible for the CCAA component of the agreement. 
NCWRC is requesting a permit that would be valid for a period of 50 
years from the date of permit issuance, with the possibility of 
extension if requested by the applicant in accordance with the 
Service's applicable implementing regulations. We request public 
comment on the application, which includes the agreement, and on the 
Service's preliminary determination that this agreement qualifies as 
``low effect,'' categorically excluded under the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). To make this determination, 
we used our environmental action statement and low-effect screening 
form, both of which are also available for public review.

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 that creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns, including, but 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 that the take is incidental to, but not the purpose of, an 
otherwise lawful activity. Regulations governing permits for threatened 
species are in the Code of Federal Regulations (CFR) at 50 CFR 17.32.
    Under an 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 
associated certificates of inclusion issued to participating landowners 
pursuant to section 10(a)(1)(A) of the ESA encourage private and other 
non-Federal property owners to implement conservation actions for 
federally listed species by assuring the landowners that they will not 
be subjected to increased property use restrictions as a result of 
their efforts to either attract listed species to their property or 
increase the numbers or distribution of listed species already on their 
property. Enrolled landowners may make lawful use of the enrolled 
property during the permit term and may incidentally take the listed 
species named on the permit.
    Application requirements and issuance criteria for permits 
associated with SHAs are found at 50 CFR 17.22(c) and 17.32(c). As 
provided 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 enrolled property, even if such alteration or 
modification results in the incidental take of a listed species to such 
an extent that the property is returned to the originally agreed-upon 
baseline

[[Page 51700]]

conditions existing at the time of enrollment. Private landowners may 
voluntarily terminate an SHA at any time, in accordance with 50 CFR 
13.26. If this occurs, landowners must relinquish the associated 
certificate of inclusion authorizing incidental take pursuant to 
section 10(a)(1)(A) of the ESA.
    Under a CCAA, participating property owners voluntarily undertake 
management activities on their properties to enhance, restore, or 
maintain habitat benefiting species that may warrant listing under the 
ESA. CCAAs encourage private and other non-Federal property owners to 
implement conservation efforts for candidate and at-risk species by 
assuring that they will not be subjected to increased property use 
restrictions should the species become listed as threatened or 
endangered under the ESA in the future. As provided in the Service's 
Candidate Conservation Agreement with Assurances Policy (81 FR 95164; 
December 27, 2016), CCAAs provide assurances that allow the property 
owner to alter or modify their enrolled property, even if such 
alteration or modification results in the incidental take of a listed 
species to such an extent that the property is returned to the 
originally agreed-upon existing conditions present at the time of 
enrollment. Application requirements and issuance criteria for 
enhancement of survival permits through CCAAs are found in 50 CFR 
17.22(d) and 17.32(d).

Proposed Safe Harbor Agreement

    The private or State lands enrolled in the proposed SHA will 
consist of those properties identified by the applicant and approved by 
the Service within the State of North Carolina where the conditions for 
an agreement with a landowner (landowner agreement) meet the needs for 
management activities for one or more of the covered species already 
listed as endangered or threatened by the ESA. Lands that are suitable 
for inclusion must be located within the species' native range but 
where the species is not currently found, and must contain suitable 
habitat conditions for the species. The intention of the SHA is for the 
applicant to reintroduce and manage populations of these species to 
benefit their recovery, but to do so where their re-establishment does 
not interfere with the management of existing populations. As such, the 
baseline assigned to these properties at enrollment will be zero, 
because none of the covered species would be present. Under the 
landowner agreement, the cooperator will agree to (1) provide for 
habitat enhancement activities on their property; (2) allow access by 
the applicant and the Service to conduct management activities; (3) and 
only engage in take of the covered species that is incidental to 
otherwise lawful activities. The Service seeks comment on NCWRC's 
request for issuance of a permit with a 50-year term that allows the 
applicant to find and enroll cooperators for the benefit of the covered 
species.

Proposed Candidate Conservation Agreement With Assurances

    The private or State lands covered under the proposed CCAA will 
consist of those areas identified by the applicant, and approved by the 
Service, within the State of North Carolina where the conditions for an 
agreement with a private landowner meet the needs for species 
management activities for one or more of the covered species that are 
not already listed as endangered or threatened under the ESA. Lands 
that are suitable for inclusion must have a willing landowner 
(cooperator) whose property contains suitable habitat conditions for 
the species, within the native range of the species, but where the 
species is not currently found. The intention of the CCAA is for the 
applicant to reintroduce and manage these species to benefit their 
long-term conservation and possibly preclude or remove the need to list 
the species under the ESA, but to do so where re-establishment does not 
interfere with the management of existing populations. As such, the 
existing conditions on these properties will be zero, as the species 
would not be present on the property. Under the landowner agreement, 
the cooperator will agree to (1) provide for habitat enhancement 
activities on their property; (2) allow access by the applicant and the 
Service to conduct management activities; and (3) only engage in take 
of the covered species that is incidental to otherwise lawful 
activities. The Service seeks comment on NCWRC's request for issuance 
of a permit with a 50-year term that allows the applicant to find and 
enroll cooperators for the benefit of the covered species.

National Environmental Policy Act Compliance

    The issuance of this permit is a Federal action that triggers the 
need for compliance with NEPA. The Service has made a preliminary 
determination that the proposed permit issuance is eligible for 
categorical exclusion under NEPA, based on the following criteria: (1) 
Implementation of the SHA and CCAA would result in minor or negligible 
adverse effects on federally listed, proposed, and candidate species 
and their habitats; (2) implementation of the SHA and CCAA would result 
in minor or negligible adverse effects on other environmental values or 
resources; and (3) impacts of the SHA and CCAA, considered together 
with the impacts of other past, present, and reasonably foreseeable 
similarly situated projects, would not result, over time, in cumulative 
adverse effects to environmental values or resources which would be 
considered significant. To make this determination, we used our EAS and 
low-effect screening form, which are also available for public review.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be aware that 
your entire comment--including your personal identifying information--
may be made available to the public. While you may request that we 
withhold your personal identifying information, we cannot guarantee 
that we will be able to do so.

Next Steps

    The Service will evaluate the application and the comments received 
to determine whether to issue the requested permit. We also will 
conduct an intra-Service consultation pursuant to section 7 of the ESA 
to evaluate the effects of the proposed take. After considering the 
above findings, we will determine whether the permit issuance criteria 
of section 10(a)(1)(A) of the ESA have been met. If met, the Service 
will issue a permit to the applicant for the incidental take of the 
covered species.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6 and 43 CFR 46).

Janet Mizzi,
Field Supervisor, Asheville Field Office.
[FR Doc. 2022-18137 Filed 8-22-22; 8:45 am]
BILLING CODE 4333-15-P