[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3428-3429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00896]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2022-0169; ES11140100000-234-FF01E0000]


Candidate Conservation Agreement With Assurances for the Fisher 
in Oregon; Enhancement of Survival Permit Applications; Hampton and 
Starker Site Plans

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), received two 
enhancement of survival permit (permit) applications pursuant to the 
Endangered Species Act (ESA). If granted, the requested permits would 
authorize take of the fisher (Pekania pennanti), incidental to 
otherwise lawful activities, if the species becomes federally listed 
under the ESA. These applications are associated with a template 
candidate conservation agreement with assurances (CCAA) developed by 
the Service for the conservation of the fisher. We have also prepared 
draft environmental action statements documenting our preliminary 
determination that the permit decisions may be eligible for categorical 
exclusion under the National Environmental Policy Act. We provide this 
notice to open a public comment period and invite comments from all 
interested parties.

DATES: Submit written comments no later than February 21, 2023.

ADDRESSES: 
    Obtaining Documents: The applications, application supporting 
materials, and any comments and other materials that we receive will be 
available for public inspection at https://www.regulations.gov in 
Docket No. FWS-R1-ES-2022-0169.
    Submitting Comments: To submit written comments, please use one of 
the following methods:
     Internet: https://www.regulations.gov. Search for and 
submit comments on Docket No. FWS-R1-2022-0169.
     U.S. Mail: Attn: Docket No. FWS-R1-ES-2022-0169; U.S. Fish 
and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike, 
Falls Church, VA 22041-3803.
    For more information, see Public Availability of Comments under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Frank Weaver, via telephone at 541-
957-3471, 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 U.S. Fish and Wildlife Service 
(Service), have received two enhancement of survival permit (permit) 
applications pursuant to section 10(a)1(A) of the Endangered Species 
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The two 
applicants are Hampton Lumber (Hampton) and Starker Forest Inc./Starker 
Properties LLC (Starker).
    If granted, either or both of the requested permits would authorize 
take of the fisher (Pekania pennanti) incidental to the applicants' 
routine forest-related management activities, if the species becomes 
federally listed under the ESA. Each application includes a proposed 
individual site plan developed under a template candidate conservation 
agreement with assurances (CCAA) developed by the Service in 2018 for 
the conservation of the fisher. The conservation measures in the CCAA 
are intended to provide a net

[[Page 3429]]

conservation benefit to the species. We have also prepared draft 
environmental action statements (EAS) for our preliminary 
determinations that each of the two permit decisions is eligible for 
categorical exclusion under the National Environmental Policy Act 
(NEPA; 42 U.S.C. 4321 et seq.). We provide this notice to open a public 
comment period and invite comments from all interested parties 
regarding the documents referenced above.

Background

    A CCAA is a voluntary agreement whereby landowners agree to manage 
their lands to remove or reduce threats to species that may become 
listed under the ESA (64 FR 32726; June 17, 1999). CCAAs are intended 
to facilitate the conservation of proposed and candidate species, and 
species that are likely to become candidates soon, by giving non-
Federal property owners incentives to implement conservation measures 
for declining species. In return for managing their lands to the 
benefit of the covered species, enrolled landowners receive assurances 
that additional land, water, or resource use restrictions will not be 
required if the covered species becomes listed as threatened or 
endangered under the ESA, so long as the CCAA remains in place and is 
being fully implemented.
    A CCAA serves as the basis for the Service to issue permits to non-
Federal participants pursuant to section 10(a)(l)(A) of the ESA. 
Application requirements and issuance criteria for permits under CCAAs 
are found in the Code of Regulations (CFR) at 50 CFR 17.22(d) and 
17.32(d).

Template CCAA for Fisher

    The Service developed a template CCAA for the West Coast distinct 
population segment (DPS) of the fisher in Oregon. To comply with NEPA, 
the Service also issued a draft EAS for future issuance of permits 
under the finalized template. The template CCAA and the draft EAS were 
both made available for public comment via a Federal Register notice 
(81 FR 15737; March 24, 2016). The template CCAA and EAS were finalized 
and signed by the Service on June 20, 2018.
    The template CCAA established general guidelines and identified 
minimum conservation measures for potential participants in the CCAA. 
Interested participants can voluntarily enroll their properties under 
the CCAA by developing individual site plans prepared in accordance 
with the provisions of the CCAA and submitting the site plans part of 
their permit applications. If granted, the permits authorize incidental 
take of the fisher with regulatory assurances to qualifying landowners 
who carry out conservation measures that would benefit the West Coast 
DPS of the fisher.

Proposed Actions

    Starker and Hampton Lumber each submitted their applications on 
July 20, 2022, and July 21, 2022, respectively, for separate ESA 
section 10(a)(l)(A) permits under the template CCAA for the fisher for 
their identified lands in Oregon. Hampton Lumber and Starker are 
responsible for planning and carrying out forest management activities 
on their respective lands. Hampton Lumber seeks to enroll its 
controlled and managed Oregon timberlands in Clatsop, Columbia, 
Tillamook, Washington, Yamhill, Lincoln, Polk, Marion, and Benton 
Counties. Hampton Lumber lands total approximately 97,821 acres (ac) in 
many separate parcels. Starker seeks to enroll its controlled and 
managed Oregon timberlands in Benton, Lane, Lincoln, Linn, and Polk 
Counties. Starker lands total approximately 90,432 ac in many separate 
parcels.
    The Hampton Lumber and Starker permits would authorize incidental 
take of the fisher until June 20, 2048, should it become federally 
listed and affected by the applicants' routine forest-related 
management activities on their properties. Fisher are not currently 
known to occur on the applicants' proposed enrolled lands within the 
West Coast Fisher DPS, but fisher may occur there in the future through 
translocation or range expansion.
    Each of the two permit applications includes a distinct proposed 
site plan that describes the lands covered by the permit and the 
conservation measures required under the template CCAA that will be 
implemented on covered lands. The primary conservation measures 
provided in the site plans include:
     Allowing access to covered lands to conduct fisher 
surveys;
     Protecting fisher dens and their young by limiting 
disturbance and impacts to denning structures;
     Limiting control of other animals by trapping/nuisance 
that could pose a risk to the fisher (trapping of fishers is prohibited 
by State of Oregon law);
     Allowing the potential future translocation of fishers 
onto enrolled lands; and
     Promoting the development of habitat structures that would 
support the fisher.

Request for Public Comments

    We invite public review and comment on the two permit application 
packages, including the individual site plans and draft EASs (see 
ADDRESSES). The final template CCAA and EAS that were finalized and 
signed by the Service on June 20, 2018, are also available for public 
information. 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 on 
the adequacy of the site plans prepared in accordance with the template 
CCAA, pursuant to the requirements for permits at 50 CFR parts 13 and 
17.

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 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.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.), and its implementing regulations (50 CFR 17.22), 
and the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and 
its implementing regulations (40 CFR 1506.6).

Nanette Seto,
Acting Deputy Regional Director, Pacific Region 1, U.S. Fish and 
Wildlife Service.
[FR Doc. 2023-00896 Filed 1-18-23; 8:45 am]
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