[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 41986-41987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15230]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-ES-2016-0004]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RIN 0648-XE423]
Notice of Availability and Request for Public Comment on the
Joint U.S. Fish and Wildlife Service and National Marine Fisheries
Service Habitat Conservation Planning Handbook
AGENCY: Fish and Wildlife Service, Interior; National Marine Fisheries
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request for public comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (USFWS) and the
National Marine Fisheries Service (NMFS), issue Endangered Species Act
incidental take permits and help applicants develop conservation plans
as a prerequisite to obtaining those permits. We announce the
availability of and request public comment on a draft revision of our
joint Habitat Conservation Plan (HCP) Handbook, which describes
requirements, procedures, and guidance for permit issuance and
conservation-plan development. The HCP Handbook initially was released
in 1996, and revised by addendum in July 2000.
DATES: To ensure consideration, written comments on the draft HCP
Handbook must be received or postmarked on or before August 29, 2016.
Comments submitted electronically using the Federal eRulemaking Portal
(see ADDRESSES) must be received by 11:59 p.m. Eastern Time on the
closing date. Any comments that we receive after the closing date may
not be considered.
ADDRESSES:
Availability of Documents
Internet: You may obtain copies of all of the documents at: http://www.regulations.gov/.
Comment submission: You may submit written comments on the draft
joint HCP Handbook by one of the following methods:
Electronically: Go to the Federal e-Rulemaking Portal:
http://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2016-
0004, or NOAA-NMFS-2016-0004, which is the docket number for this
notice. On the left side of the screen, under the Document Type
heading, click on the Notices link to locate this document, complete
the required fields, and enter or attach your comment.
By hard copy: Submit comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-HQ-ES-2016-0004, or
NOAA-NMFS-2016-0004; Division of Policy, Performance, and Management
Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike;
Falls Church, VA 22041-3803.
Instructions: We request that you send comments by only the methods
described above. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by the Services.
All comments received will be a part of the public record and will
generally be posted for public viewing on www.regulations.gov without
change. All personal identifying information (e.g., name, address),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. You
may request at the top of your document that we withhold your personal
information from public review; however, we cannot guarantee that we
will be able to do so.
FOR FURTHER INFORMATION CONTACT: Trish Adams, USFWS (phone: 703-358-
2120; email: trish_adams@fws.gov), or Heather Coll, NMFS (phone: 301-
427-8455; email: heather.coll@noaa.gov). Persons who use a
Telecommunications Device for the Deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(USFWS) and the National Marine Fisheries Service (NMFS), issue
Endangered Species Act section 10(a)(1)(B) incidental take permits and
help applicants develop conservation plans as a prerequisite to
obtaining those permits. With this notice, we announce the availability
of and request public comment on a draft revision of our joint Habitat
Conservation Planning (HCP) Handbook, which describes requirements,
procedures, and guidance for section 10(a)(1)(B) permit issuance and
conservation-plan development. The joint HCP Handbook initially was
announced via a Federal Register notice on December 2, 1996 (61 FR
63854), and was revised by addendum, effective July 3, 2000 (65 FR
35242; June 1, 2000). The new, revised draft of the joint HCP Handbook
we are announcing via this notice is intended to be more streamlined
and user-friendly. It follows the HCP process from start to finish and
incorporates feedback we have received about the program.
Background
The purpose of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.; ESA), is to protect and recover threatened and
endangered species and the ecosystems upon which they depend. Section 9
of the ESA prohibits take of any fish or wildlife species listed as
endangered, and take of many species listed as threatened is prohibited
by regulation. ``Take'' is defined in section 3 as ``to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct.'' Before 1982, the ESA had a
mechanism for exempting Federal actions (section 7) from the
prohibition on take, but it did not have one for non-Federal
activities, except for permits to authorize take from scientific
research or certain other conservation actions. Thus, non-Federal
parties engaging in activities that resulted in take of listed species
risked violating ESA section 9 take prohibitions. Congress recognized
the
[[Page 41987]]
need for a process to reduce conflicts between protection of listed
species and economic development, so it amended the ESA in 1982 to add
an exemption for incidental take of listed species that would result
from non-Federal activities (section 10(a)(1)(B)). ``Incidental take''
is that which is incidental to, and not the purpose of, the carrying
out of an otherwise lawful activity. To obtain a permit for under
section 10(a)(1)(B), applicants must develop a conservation plan that
meets specific requirements identified in section 10 and its
regulations (50 CFR 17.22 and 17.32; 50 CFR 222.25, 222.27, and
222.31). Among other requirements, the plan must specify (1) the
impacts that are likely to result from the taking and (2) the measures
that the permit applicant will undertake to minimize and mitigate such
impacts. Conservation plans under section 10(a)(1)(B) have come to be
known as ``habitat conservation plans'' (HCPs). Section 10(a)(2)(B)
provides statutory criteria that must be satisfied before an incidental
take permit (ITP) can be issued.
Handbook Purpose
The purpose of the joint HCP Handbook is to instruct USFWS and NMFS
(Services) staff on how to assist applicants to develop HCPs in an
efficient and effective manner while ensuring adequate conservation for
listed species. The Handbook guides Services staff, phase by phase,
through development, implementation, and environmental compliance,
using streamlined approaches whenever possible. It draws upon past
experience to help staff understand regulations and policy and navigate
the various processes for completing an HCP and issuing a permit.
Although the joint HCP Handbook is designed specifically for Services'
staff, it also can be helpful to other HCP practitioners, such as
applicants, consultants, and partners.
Need for Handbook Revision
The HCP program has evolved in response to changes in society and
our natural resources. Because of changes to the program, the USFWS
decided to contract Management Systems International to prepare an
independent review of our HCP program in 2008, as well as a collection
of input and recommendations for the program from various sources.
These reviews and recommendations have provided the important feedback
that our program is highly effective in achieving its purpose of
avoiding, minimizing, and mitigating the effects of development on
endangered (or threatened) species and their habitats, and, in some
cases, exceeds minimum requirements and makes a positive contribution
to improving species habitat and contributing to species recovery.
However, feedback also has indicated that the processes used to develop
and approve ITPs can be inefficient. Commonly expressed concerns
related to inefficiency are: HCPs take too long to develop and cost too
much; negotiations can be complex; implementation is too expensive;
applicants perceive lack of certainty; and the benefits of the HCP
program are not readily apparent to internal or external stakeholders.
The proposed revisions to the Handbook address these concerns in
various ways, ranging from clarification of existing guidance to
policy-level changes.
Proposed Revisions Made to Handbook
The revised HCP Handbook reflects current USFWS and NMFS HCP
practices, guidance, and policies; incorporates lessons from the 30-
year history of implementing the HCP program; and provides guidance to
assist applicants and the Services' staff to avoid common pitfalls that
can delay HCP negotiations and development or processing of ITPs.
The goal is to provide a joint HCP Handbook that helps to
streamline and improve efficiency of the HCP program. To accomplish
this, we have reorganized the joint HCP Handbook, with the goal of
walking Services staff and stakeholders through each stage of the HCP
process, from the pre-application stage through ITP issuance and HCP
implementation, including monitoring and compliance.
Some of the most significant changes to the joint HCP Handbook
include:
(1) We introduced the concept that applicants should ``start slow
to go fast,'' which emphasizes the benefits to applicants of pre-
planning before jumping directly into HCP development, especially for
landscape-scale HCPs.
(2) To streamline the ITP issuance process, we focused on the vital
review and administrative steps without compromising legal integrity.
(3) We clarified the concept ``maximum extent practicable.''
(4) We ensured consistency with revised or updated policies such as
draft USFWS Mitigation Policy.
(5) We clarified the use of implementing agreements.
(6) We updated and clarified permit duration.
(7) We provided guidance on how to comply with section 106 of the
National Historic Preservation Act.
(8) We provided guidance on addressing climate change.
(9) We updated and clarified what should be addressed through
adaptive management versus foreseen and unforeseen circumstances.
(10) We provided guidance on when to initiate the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) process or intra-
Service section 7 consultations, and when to seek assistance from the
Solicitor or General Counsel.
(11) We updated and clarified information concerning take analysis,
responding to public comments, public notices, permit decision
documents, compliance monitoring, and ITP suspension and revocation.
Authority: 16 U.S.C. 1531 et seq.
Dated: June 22, 2016.
Angela Somma,
Chief, Endangered Species Conservation Division, National Marine
Fisheries Service.
Dated: June 20, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-15230 Filed 6-27-16; 8:45 am]
BILLING CODE 4333-15-P; 3510-22-P