[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]]
----------------------------------------------------------------------------------------------------------------
Status (endangered or
Common name Scientific name threatened) Where listed
----------------------------------------------------------------------------------------------------------------
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