[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Notices]
[Pages 65866-65868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22966]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2020-N115; FXES11140100000-201-FF01E00000]
Receipt of Enhancement of Survival Permit Applications Developed
in Accordance With the Template Safe Harbor Agreement for the Columbia
Basin Pygmy Rabbit; Douglas County, Washington
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, have received two
applications for enhancement of survival permits (permits) pursuant to
the Endangered Species Act of 1973, as amended (ESA). The two
applications, one from Mr. Ed Preston and one from Mr. Ward Glessner,
were developed in accordance with the Template Safe Harbor Agreement
(Template SHA) for the Columbia Basin pygmy rabbit. We are requesting
comments from the public regarding the proposed issuance of a permit to
each of the two applicants.
DATES: Submit written comments no later than November 16, 2020.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods:
Internet: You may view or download copies of the Template
SHA and environmental assessment and obtain additional information on
the internet at http://www.fws.gov/wafwo/.
Email: wfwocomments@fws.gov. Include ``Template SHA for
the Columbia Basin pygmy rabbit'' in the subject line of the message.
U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2020-N115; U.S. Fish and Wildlife Service; c/o Jeff Krupka; Central
Washington Fish and Wildlife Field Office; 215 Melody Lane, Suite 119,
Wenatchee, WA 98801.
Facsimile: 509-665-3509.
FOR FURTHER INFORMATION CONTACT: Kimberly Veverka (see ADDRESSES);
telephone: 509-665-3508, ext. 2012; facsimile: 509-665-3509. If you use
a telecommunications device for the deaf, please call the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received two applications for enhancement of survival
permits (permits) 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
applications, one from Mr. Ed Preston and one from Mr. Ward Glessner,
were developed in accordance with the Template Safe Harbor Agreement
(Template SHA) for the Columbia Basin pygmy rabbit (Brachylagus
idahoensis). Mr. Preston's application includes a request to enroll
421.74 acres of land in Douglas County, Washington, under the Template
SHA. Mr. Glessner's application includes a request to enroll 2,023.84
acres of land in Douglas County, Washington, under the Template SHA. If
approved, the permits would authorize otherwise prohibited take of the
endangered Columbia Basin pygmy rabbit that is above the baseline
conditions of the properties enrolled under the Template SHA, and that
may result from the permittees' otherwise lawful land-use activities.
We provide this notice to open a public comment period and invite
comments from all interested parties regarding the proposed issuance of
a permit to each applicant.
Background
Section 9 of the ESA prohibits the take of fish and wildlife
species listed as endangered 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 [to carry out] an intentional or negligent act or
omission which creates the likelihood of injury to wildlife by annoying
it to such an extent as to significantly disrupt normal
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behavioral patterns, which include, but are 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 the take is incidental to, but not the purpose of, an
otherwise lawful activity. Regulations governing permits for endangered
species are at 50 CFR 17.22.
Under a safe harbor agreement (SHA), participating landowners
voluntarily undertake management activities on their properties to
enhance, restore, or maintain habitat benefiting species listed under
the ESA. SHAs, and the subsequent enhancement of survival permits that
are issued pursuant to section 10(a)(1)(A) of the ESA, encourage
private and other non-Federal property owners to implement conservation
efforts for listed species. The SHAs provide assurances to property
owners that they will not be subjected to increased property use
restrictions as a result of their efforts to attract listed species to
their property, or to increase the numbers or distribution of listed
species already on their property. Application requirements and
issuance criteria for enhancement of survival permits through SHAs are
found in 50 CFR 17.22(c). As provided for 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 back to the originally agreed-upon baseline
conditions.
On March 5, 2003, the Service listed the Columbia Basin pygmy
rabbit as an endangered species (68 FR 10388). On September 7, 2006,
the Service announced the availability for public review and comment of
a draft Template SHA for the Columbia Basin pygmy rabbit, which was
jointly developed by the Service and the Washington Department of Fish
and Wildlife (WDFW), and a draft environmental assessment (EA), which
was developed by the Service pursuant to Federal responsibilities under
the National Environmental Policy Act (71 FR 52816). The Service's
September 7, 2006, Federal Register notice also announced the receipt
of three initial permit applications that were developed in accordance
with the Template SHA. The final Template SHA, which contained only
minor modifications from the draft released for public review, was
signed by the Service and WDFW on October 24, 2006. On April 25, 2007,
the Service announced the availability for public review and comment of
another 13 permit applications that were developed in accordance with
the Template SHA (72 FR 20557). On October 8, 2008, the Service
announced the availability for public review and comment of one permit
application that was developed in accordance with the Template SHA (73
FR 58975). On June 18, 2015, the Service announced the availability for
public review and comment of nine permit applications that were
developed in accordance with the Template SHA (80 FR 34928). To date,
the Service has issued 26 permits under the Template SHA, which cover
152,849 acres that are within the historic distribution of the Columbia
Basin pygmy rabbit.
The objectives of the Template SHA include: (1) Encourage land
owners and managers to undertake voluntary conservation measures to
benefit the Columbia Basin pygmy rabbit; (2) maintain or increase the
amount of habitat available to the Columbia Basin pygmy rabbit within
their historic distribution; (3) accomplish the foregoing without
negatively affecting existing and proposed future land-use activities
by reducing participants' future management liability for incidental
take of Columbia Basin pygmy rabbits on their enrolled property; and
(4) increase public support for Columbia Basin pygmy rabbit
conservation efforts by implementing proactive, cooperative, and
flexible management in accordance with the measures prescribed by the
ESA.
Proposed Action
We received two applications, one from Mr. Edward Preston and one
from Mr. Ward Glessner, requesting permits under the ESA and in
accordance with the Template SHA and 50 CFR 13.25(b). If we approve the
applications, the implementation of the Template SHA would occur on the
following properties:
Mr. Edward Preston: The properties included within the
proposed enrollment total 421.74 acres in Douglas County, Washington,
and are located within the geographic area covered by the Template SHA.
All of the land areas proposed for enrollment by Mr. Preston represent
intervening properties (i.e., property outside of Columbia Basin pygmy
rabbit recovery emphasis areas) as defined in the Template SHA. WDFW
biologists conducted evidence searches for the Columbia Basin pygmy
rabbit on Mr. Preston's properties identified for enrollment under the
Template SHA. No Columbia Basin pygmy rabbits or evidence of active
pygmy rabbit burrows were detected during these surveys. Therefore, in
accordance with the provisions of the Template SHA, the baseline for
covered properties is zero (0) active pygmy rabbit burrows.
Mr. Ward Glessner: The properties included within the
proposed enrollment total 2,023.84 acres in Douglas County, Washington,
and are located within the geographic area covered by the Template SHA.
All of the land areas proposed for enrollment by Mr. Glessner represent
intervening properties (i.e., property outside of Columbia Basin pygmy
rabbit recovery emphasis areas) as defined in the Template SHA. WDFW
biologists conducted evidence searches for the Columbia Basin pygmy
rabbit on Mr. Glessner's properties identified for enrollment under the
Template SHA. No Columbia Basin pygmy rabbits or evidence of active
pygmy rabbit burrows were detected during these surveys. Therefore, in
accordance with the provisions of the Template SHA, the baseline for
covered properties is zero (0) active pygmy rabbit burrows.
The Service has previously determined that implementation of the
Template SHA will result in conservation benefits to the Columbia Basin
pygmy rabbit and will not result in significant effects to the human
environment. The Service will evaluate the permit applications, related
documents, and any comments submitted to determine whether the
applications are consistent with the measures prescribed by the
Template SHA and comply with relevant statutory and regulatory
requirements. If it is determined that the requirements are met, a
permit authorizing incidental take of the Columbia Basin pygmy rabbit
will be issued to each of the applicants. The final determination for
each permit will not be completed until after the end of the 30-day
comment period, and we will fully consider all comments received.
Public Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. 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. The original Template SHA and EA are
available for reference.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before
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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 ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C.
4321 et seq.), and their implementing regulations (50 CFR 17.22, and 40
CFR 1506.6, respectively).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-22966 Filed 10-15-20; 8:45 am]
BILLING CODE 4333-15-P