[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]]
----------------------------------------------------------------------------------------------------------------
Federal Register
Species name Scientific name Federal listing status listing citation
----------------------------------------------------------------------------------------------------------------
Safe Harbor Agreement Covered Species
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
Candidate Conservation Agreement With Assurances Covered Species
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 4333-15-P