[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6536-6538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01946]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R6-ES-2021-0056; FF06E21000 245 FXES11140600000]


Endangered and Threatened Wildlife and Plants; Proposed Amendment 
to Programmatic Safe Harbor Agreement and Candidate Conservation 
Agreement With Assurances for Kansas Aquatic Species

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), are 
announcing the availability of documents associated with an application 
to amend an enhancement of survival permit (permit) under the 
Endangered Species Act. The Kansas Department of Wildlife and Parks has 
applied to amend the existing Programmatic Safe Harbor Agreement and 
Candidate Conservation Agreement with Assurances for 15 Aquatic Species 
in Kansas (SHA/CCAA) by adding 6 additional covered species: Lake 
sturgeon (Acipenser fulvescens), sicklefin chub (Macrhybopsis meeki), 
sturgeon chub (Macrhybopsis gelida), snuffbox mussel (Epioblasma 
triquetra), spectaclecase (Cumberlandia monodonta), and Ouachita 
kidneyshell (Ptychobranchus occidentalis). The documents available for 
review and comment are the applicant's proposed amended programmatic 
SHA/CCAA, which is part of the permit amendment application, and our 
draft environmental action statement and low-effect screening form, 
which support a categorical exclusion for the amendment under the 
National Environmental Policy Act. We invite comments from the public 
and Federal, Tribal, State, and local governments.

DATES: We will accept comments received or postmarked on or before 
March 4, 2024. Comments submitted online at https://www.regulations.gov

[[Page 6537]]

(see ADDRESSES) must be received by 11:59 p.m. eastern time on March 4, 
2024.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R6-ES-2021-0056 at 
https://www.regulations.gov.
    Submitting Comments: To submit written comments, please use one of 
the following methods, and note that your information request or 
comments are in reference to the Kansas Aquatic SHA/CCAA amendment.
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket Number FWS-R6-ES-2021-
0056.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R6-ES-2021-0056; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Gibran Suleiman, by phone at 785-539-
3474, extension 114, or by 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 an application from the Kansas Department of 
Wildlife and Parks (KDWP, applicant) to amend their existing 50-year 
enhancement of survival permit (permit) under the Endangered Species 
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The amendment 
requests the addition of 6 species to the 15 species already covered by 
the applicant's approved programmatic safe harbor agreement (SHA) and 
candidate conservation agreement with assurances (CCAA) on non-Federal 
lands in the State of Kansas. The documents available for review and 
comment are the applicant's proposed amended programmatic SHA/CCAA, 
which is part of the permit amendment application, and our draft 
environmental action statement and low-effect screening form for the 
amendment request, which support a categorical exclusion under the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We 
invite comments on documents from the public and Federal, Tribal, 
State, and local governments.

Background

    Via a Federal Register notice published on September 15, 2021 (86 
FR 51366), we announced the availability of KDWP's original application 
for an enhancement of survival permit with a 50-year term, which 
included a proposed programmatic SHA/CCAA for 14 aquatic species in 
Kansas, and our draft environmental action statement and low-effect 
screening form, which supported a categorical exclusion under NEPA. The 
comment period was open until October 15, 2021. After considering the 
application, associated materials, and the 15 public comments received, 
we issued the requested permit. On October 12, 2022, we announced via a 
Federal Register notice (87 FR 62114) the availability of KDWP's 
subsequent application to amend their enhancement of survival permit to 
include one additional covered species, the western fanshell 
(Cyprogenia aberti). The comment period for the amendment was open 
until November 14, 2022, and we issued the requested amended permit 
after considering the application, associated materials, and the three 
public comments received. To provide background information, we have 
made the original 2021 proposed programmatic SHA and CCAA, and the 2022 
amendment, along with related documents and comments, available for 
review in https://www.regulations.gov under Docket No. FWS-R6-ES-2021-
0056. However, we will not be taking further comments on those 
documents.

Safe Harbor Agreements and Candidate Conservation Agreements With 
Assurances

    An SHA is an agreement between the Service, partners, and 
landowners for voluntary management of non-Federal lands to contribute 
towards recovery of ESA-listed species in a manner that is consistent 
with the Service's policy on SHAs (64 FR 32717, June 17, 1999) and 
applicable regulations. A CCAA is an agreement between the Service, 
partners, and landowners for voluntary management of non-Federal lands 
to remove or reduce key threats to species that may become listed under 
the ESA, in a manner that is consistent with the Service's policy on 
CCAAs (81 FR 95164, December 27, 2016) and applicable regulations. In 
return for implementing conservation measures in a SHA/CCAA, the 
Service gives participants assurances that the Service will not impose 
land, water, or resource use restrictions or conservation requirements 
on ESA-listed species, or those that may become listed, beyond those 
agreed to in the SHA/CCAA.

Applicant's Proposed Amendment to Programmatic Safe Harbor Agreement/
Candidate Conservation Agreement With Assurances

    KDWP's purpose in amending its programmatic SHA/CCAA is to add the 
lake sturgeon, sicklefin chub, sturgeon chub, snuffbox mussel, 
spectaclecase, and Ouachita kidneyshell, to facilitate the 
reintroduction and implementation of conservation measures for the 
species on non-Federal lands in Kansas. The documents available for 
review and comment are the proposed amended programmatic SHA/CCAA, 
which is part of the permit application, and our draft environmental 
action statement and low-effect screening form, which support a 
categorical exclusion under NEPA.
    To enroll in the programmatic SHA/CCAA, a non-Federal landowner 
would enter into a landowner agreement with KDWP to enroll all or a 
portion of their property under the SHA and/or CCAA. Upon signature by 
both parties, KDWP would issue a certificate of inclusion to the non-
Federal landowner, extending assurances and take authorization to the 
participating landowner for the appropriate covered species. The 
requested permit duration is for 50 years, starting on December 15, 
2021 (the date of original permit issuance). Proposed conservation 
measures include the introduction, reintroduction, augmentation 
(release of individuals to supplement an existing population), or 
translocation of the covered species, and protection or enhancement of 
aquatic, wetland, riparian, or adjacent upland habitats for the covered 
species. Conservation measures would be site specific, and would be 
developed by the participating landowner and KDWP. Incidental take of 
covered species may occur as a result of the implementation of 
conservation measures or ongoing land management activities on the 
enrolled lands.

Covered Species

    The addition of the 6 species to the 15 species in the existing 
agreement would bring the total number of species covered under the 
CCAA/SHA to 21. All 21 species are in the table below.

[[Page 6538]]



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                                                                                             Federal Register
             Species name                  Scientific name       Federal listing status      listing citation
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                                      Safe Harbor Agreement Covered Species
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Fishes:
    Arkansas River shiner............  Notropis girardi.......  Threatened.............  63 FR 64772; November
                                                                                          13, 1998.
    Neosho madtom....................  Noturus placidus.......  Threatened.............  55 FR 21148; May 22,
                                                                                          1990.
    Neosho mucket....................  Lampsilis rafinesqueana  Endangered.............  78 FR 57076; September
                                                                                          17, 2013.
    Peppered chub....................  Macrhybopsis tetranema.  Endangered.............  87 FR 11188; February
                                                                                          28, 2022.
    Topeka shiner....................  Notropis topeka........  Endangered.............  63 FR 69008; December
                                                                                          15, 1998.
Mussels:
    Rabbitsfoot......................  Quadrula cylindrica      Threatened.............  78 FR 57076; September
                                        cylindrica.                                       17, 2013.
    Western fanshell.................  Cyprogenia aberti......  Threatened.............  88 FR 41724; June 27,
                                                                                          2023.
    Snuffbox mussel..................  Epioblasma triquetra...  Endangered.............  77 FR 8631; February
                                                                                          14, 2012.
    Spectaclecase....................  Cumberlandia monodonta.  Endangered.............  77 FR 14914; March 13,
                                                                                          2012.
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                        Candidate Conservation Agreement With Assurances Covered Species
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Reptiles:
    Alligator snapping turtle........  Macrochelys temminckii.  Proposed Threatened....  86 FR 62434; November
                                                                                          9, 2021.
Fishes:
    Hornyhead chub...................  Nocomis biguttatus.....  Unlisted...............  N/A.
    Plains minnow....................  Hybognathus placitus...  Unlisted...............  N/A.
    Silver chub......................  Macrhybopsis storeriana  Unlisted...............  N/A.
    Lake sturgeon....................  Acipenser fulvescens...  Unlisted...............  N/A.
    Sicklefin chub...................  Macrhybopsis meeki.....  Unlisted...............  N/A.
    Sturgeon chub....................  Macrhybopsis gelida....  Unlisted...............  N/A.
Mussels:
    Butterfly mussel.................  Ellipsaria lineolata...  Unlisted...............  N/A.
    Cylindrical papershell...........  Anodontoides             Unlisted...............  N/A.
                                        ferussacianus.
    Flat floater.....................  Anodonta suborbiculata.  Unlisted...............  N/A.
    Fluted shell.....................  Lasmigona costata......  Unlisted...............  N/A.
    Ouachita kidneyshell.............  Ptychobranchus           Unlisted...............  N/A.
                                        occidentalis.
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Public Availability of Comments

    Written comments we receive become part of the administrative 
record associated with this action. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can request in your comment that we 
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 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 1500-1508 and 43 CFR 46).

Marjorie Nelson,
Acting Assistant Regional Director, Ecological Services, Mountain-
Prairie Region.
[FR Doc. 2024-01946 Filed 1-31-24; 8:45 am]
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