[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8986-8987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03692]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2016-N012]; [FVES59420300000F2 14X FF03E00000]


Michigan Department of Natural Resources; Application for 
Enhancement of Survival Permit; Proposed Programmatic Candidate 
Conservation Agreement With Assurances for the Eastern Massasauga 
Rattlesnake in Michigan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Receipt of application; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
receipt from the Michigan Department of Natural Resources (MDNR) of an 
application for an enhancement of survival permit under the Endangered 
Species Act of 1973, as amended. The requested permit would authorize 
take of eastern massasauga rattlesnake (Sistrurus catenatus), resulting 
from certain land use and conservation activities, should the species 
be listed as endangered or threatened in the future. The permit 
application includes a proposed programmatic candidate conservation 
agreement with assurances (CCAA) between MDNR, the Michigan Department 
of Military and Veterans Affairs (MDMVA), and the Service. The 
requested term of the proposed CCAA and permit is 25 years. We are 
accepting comments on the permit application and the draft CCAA.

DATES: We will accept comments on the application and draft CCAA on or 
before March 24, 2016.

ADDRESSES: Document Availability: This draft CCAA, permit application, 
and final environmental assessment are available on the Internet at 
http://www.regulations.gov under Docket No. FWS-R3-ES-FWS-R3-ES-2016-
0009. Supporting documentation, including the draft CCAA, permit 
application, and final environmental assessment, are available for 
public inspection during normal business hours at: U.S. Fish and 
Wildlife Service, East Lansing Field Office, 3001 Coolidge Rd, # 400, 
East Lansing, Michigan 48823.
    To submit comments on the application and draft CCAA, go to http://www.regulations.gov. In the Search box, enter FWS-R3-ES-2016-0009, 
which is the docket number for this Notice of Availability. Then click 
on the Search button. Please ensure that you have located the correct 
document before submitting your comments. You may submit a comment by 
clicking on ``Comment Now!''

FOR FURTHER INFORMATION CONTACT: Scott Hicks, Field Supervisor, East 
Lansing Field Office (see ADDRESSES); by telephone (517-351-6274), or 
by facsimile (517-351-1443). If you use a telecommunications device for 
the deaf (TDD), please call the Federal Information Relay Service at 
800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt from the Michigan Department of Natural 
Resources (MDNR) and Michigan Department of Military and Veterans 
Affairs (MDMVA) of an application for an enhancement of survival permit 
(permit) under the Endangered Species Act of 1973, as amended (ESA). 
The requested permit would authorize take of eastern massasauga 
rattlesnake (EMR) resulting from certain land use and conservation 
activities, should the species be listed as endangered or threatened in 
the future. The permit application includes a proposed programmatic 
candidate conservation agreement with assurances (CCAA) between MDNR, 
MDMVA, and the Service. The requested term of the proposed CCAA and 
permit is 25 years. We are accepting comments on the permit application 
and the proposed CCAA.

Background

    Enhancement of survival permits issued for CCAAs encourage non-
Federal landowners to implement conservation measures for species that 
are, or are likely to become, candidates for Federal listing as 
endangered or threatened by assuring landowners they will not be 
subjected to increased property use restrictions if the covered species 
becomes listed in the future. Application requirements and issuance 
criteria for enhancement of survival permits issued for CCAAs are in 
the Code of Federal Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d). 
Service policy guidance for CCAAs was published in the Federal Register 
on June 17, 1999 (64 FR 32726).

Proposed Programmatic Candidate Conservation Agreement With Assurances

    The proposed EMR CCAA is a programmatic agreement between the 
Service, the MDNR, and the MDVA to further the conservation of the 
eastern massasauga rattlesnake on non-Federal lands. The purpose of 
this CCAA is to encourage non-Federal landowners in Michigan to manage 
their properties in ways that are consistent with the long-term 
sustainability and persistence of EMR. On September 30, 2015, the 
Service proposed to list the EMR as a threatened species under the 
Endangered Species Act (Act). Although there are several factors that 
are affecting the species' status, loss of habitat continues to be the 
primary threat to this species, either through development or through 
changes in habitat structure due to vegetative succession.
    Most viable populations of EMR in the State of Michigan occur on 
land managed by the MDNR and the MDMVA. Implementation of the CCAA will 
facilitate identification and minimization of threats on these 
properties. Education and outreach efforts are proposed to raise 
awareness and increase understanding about the species for all 
stakeholders, reduce persecution or indiscriminate killing, and promote 
conservation of the species. The conservation goal of this CCAA on the 
part of the Service, the MDNR, the MDMVA and other cooperators is to 
maintain viable populations of EMR on public and private land by 
reducing threats and managing and restoring habitat for EMR.
    Populations of EMR continue to persist throughout most of the 
species' historical range in Michigan. Therefore, the proposed EMR CCAA 
framework is based on two categories of management approaches for the 
species. Both categories contain common measures to conserve EMR, 
including protections for the species from collection and persecution. 
The first category encompasses lands considered most important to the 
long-term sustainability of EMR, which will be managed with strategies 
designed to protect EMR populations while also creating and restoring 
suitable habitat needed to sustain EMR populations. The strategies for 
this category include EMR-protective specifications for wetlands, 
prescribed fire use, water-level manipulations, vegetation management 
(e.g., cutting, mowing, use of chemicals), oil/gas/mineral leasing, and 
forest management. The second category comprises land that is generally 
not suitable habitat for the species or where EMR management is not be 
a priority (e.g., campgrounds). The strategies for this category 
include measures to minimize the potential for human-EMR interactions 
(e.g., keeping grass mowed in developed areas) as well as measures to 
help protect individual snakes (e.g., safe relocation methods).

National Environmental Policy Act Determination

    As required by NEPA, we previously evaluated potential impacts to 
the

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human environment that could result from issuance of the requested 
permit for the EMR CCAA, and we do not foresee any significant impacts. 
We completed an Environmental Assessment and a Finding of No 
Significant Impact on a Proposal to Implement Candidate Conservation 
Agreements and Conservation Measures for Eastern Massasaugas in 
Illinois, Iowa, Michigan, Missouri, Ohio, and Wisconsin (see http://www.fws.gov/midwest/endangered/permits/enhancement/ccaa/index.html). 
Participating in the EMR CCAA is strictly a voluntary action for 
landowners.

Next Steps

    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of the ESA, NEPA, and implementing regulations. If we 
determine that all requirements are met, we will sign the proposed CCAA 
and issue a permit under section 10(a)(1)(A) of the ESA to MDNR and 
MDMVA for take of EMR. We will not make our final decision until after 
the end of the 30-day public comment period, and we will fully consider 
all comments we receive during the public comment period.

Public Availability of Comments

    Written comments 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 comment, you should be aware that the entire comment, including 
your personal identifying information, may be made 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.

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. 4371 et seq.) and its implementing 
regulations (40 CFR 1506.6; 43 CFR part 46).

     Dated: February 8, 2016.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2016-03692 Filed 2-22-16; 8:45 am]
 BILLING CODE 4333-15-P