[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85629-85631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28418]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-ES-2016-N171; FXES11150600000-167-FF06E13000]
Endangered and Threatened Wildlife and Plants; Enhancement of
Survival Permit Application; Draft Candidate Conservation Agreement
with Assurances for Eight Species in Northeastern Wyoming and
Southeastern Montana, with Integrated Candidate Conservation Agreement
and Conservation Agreement; Draft Environmental Assessment
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), received an
application from the Thunder Basin Grasslands Prairie Ecosystem
Association (Thunder Basin Association) for an Enhancement of Survival
permit (permit) under the Endangered Species Act of 1973, as amended
(ESA), associated with implementation of a Candidate Conservation
Agreement with Assurances (CCAA) for eight species (Covered Species) in
specified areas in northeastern Wyoming and southeastern Montana
(Coverage Area). The CCAA would implement a Conservation Strategy
developed by the Thunder Basin Association for farm and ranch
operations, certain recreational activities, oil and gas activities,
and surface/in-situ mining activities on enrolled non-Federal lands in
the Coverage Area. The Association also proposes that the Conservation
Strategy be implemented on Federal lands administered by the Bureau of
Land Management (BLM) and U.S. Forest Service (USFS) in the Coverage
Area through two additional agreements, a Candidate Conservation
Agreement (CCA) and Conservation Agreement (CA), that would also be
administered by the Association. The intent of the CCAA and associated
CCA and CA is to provide non-Federal landowners and BLM and USFS
pemittees/lessees in the Coverage Area with the opportunity to
voluntarily conserve the Covered Species and their habitats on enrolled
properties while carrying out their operations in a manner that would
contribute to precluding the need to list any of these species.
Pursuant to the National Environmental Policy Act (NEPA), we have
prepared a draft environmental assessment (EA) that analyzes the
potential impacts of issuance of the permit and implementation of the
proposed CCAA, as well as the potential impacts of other Federal
entities entering into the companion CCA and CA. The draft EA also
analyzes the potential impacts of two alternatives to the consolidated
proposed action, including a no action alternative. The permit
application, the draft CCAA and draft EA are available for public
review, and we seek public comment on these documents and potential
issuance of the permit associated with the CCAA. Because the draft CCA
and CA are part of the proposed action addressed in the draft EA, we
have also made these draft agreements available for public review.
DATES: Written comments must be submitted by December 28, 2016.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods, and note that your information
request or comments are in reference to the Thunder Basin CCAA.
[cir] Internet: Documents may be viewed on the Internet at http://www.fws.gov/wyominges/Index.html.
[cir] U.S. Mail: Field Supervisor, Wyoming Ecological Services
Field Office, U.S. Fish and Wildlife Service, 5353 Yellowstone Road,
Suite 308A, Cheyenne, WY 82009.
[cir] Email: ThunderBasin_CS@fws.gov. Include ``Thunder Basin
CCAA'' in the subject line of the message.
[cir] Fax: 307-772-2358, Attn: TBGPEA CCAA.
[cir] In-Person Viewing or Pickup: Documents will be available for
public inspection by appointment during normal business hours at the
U.S. Fish and Wildlife Service, Wyoming Field Office, 5353 Yellowstone
Road, Suite 308A, Cheyenne, WY 82009.
FOR FURTHER INFORMATION CONTACT: Field Supervisor, Wyoming Ecological
Services Field Office (see ADDRESSES), telephone: 307-772-2374. If you
use a telecommunications device for the deaf, please call the Federal
Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We received an application from the Thunder
Basin Grasslands Prairie Ecosystem Association (Thunder Basin
Association or Association) for an enhancement of survival permit
(permit) under section 10(a)(1)(A) of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.; ESA), for incidental take
associated with implementation of a proposed eight-species Candidate
Conservation Agreement with Assurances (CCAA). The Coverage Area would
be the five northeastern Wyoming counties of Campbell, Converse, Crook,
Niobrara, and Weston, along with two qualifying peripheral properties
in Sheridan County, Wyoming, and in the Montana counties of Big Horn,
Powder River, and Rosebud. The activities covered by the draft CCAA and
permit (Covered Activities) are general farm and ranch operations,
certain recreational activities, oil and gas activities, and surface/
in-situ mining activities, as well as the conservation measures to be
implemented for these activities under the CCAA. The application
includes a draft CCAA that addresses impacts to the Covered Species
from Covered Activities on eligible non-Federal properties within the
Coverage Area. These impacts are addressed through a Conservation
Strategy developed by the Association for implementation through three
separate but related agreements to be administered by the Association:
the CCAA, which encompasses non-Federal lands in the Coverage Area, a
Candidate Conservation Agreement (CCA) that addresses Covered
Activities conducted on BLM or USFS lands in the Coverage Area pursuant
to a permit, license, or
[[Page 85630]]
other authorization from these agencies; and a Conservation Agreement
(CA) that addresses voluntary conservation measures undertaken by
eligible companies in anticipation of their future development of
energy resources within specified potential coal and oil and gas
development areas within the Coverage Area. Activities covered by the
CCA and the CA would not be covered by the Enhancement of Survival
permit and associated CCAA that are the subject of this notice, and no
assurances or permits under the ESA are available for these separate
agreements.
The Conservation Strategy developed by the Thunder Basin
Association proposes to address landscape conservation in the Covered
Area in the context of two primary ecotypes, sagebrush steppe and the
shortgrass prairie, and their associated at-risk Covered Species. The
Covered Species found in the sagebrush steppe ecotype are greater sage-
grouse (Centrocercus urophasianus), sage sparrow (Amphispiza belli),
Brewer's sparrow (Spizella breweri), and sage thrasher (Oreoscoptes
montanus). The Covered Species found in the shortgrass prairie ecotype
are black-tailed prairie dog (Cynomys ludovicianus), mountain plover
(Charadrius montanus), burrowing owl (Athene cunicularia), and
ferruginous hawk (Buteo regalis). The intent of the Association's
Conservation Strategy, as implemented through the CCAA and companion
agreements, is to provide ranchers, agriculture producers, coal
producers, and an oil and gas producers in the Coverage Area with the
opportunity to voluntarily conserve the Covered Species and their
habitat while carrying out their operations in a manner that would
contribute to precluding the need to list these species.
Pursuant to the National Environmental Policy Act (42 U.S.C. 4321
et seq.; NEPA), we have prepared a draft environmental assessment (EA)
that analyzes the potential impacts of issuance of the permit and
implementation of the proposed CCAA, as well as the potential impacts
of the Service and other Federal entities entering into the companion
CCA and CA. The draft EA also analyzes the potential impacts of two
alternatives to the consolidated proposed action, including a no action
alternative. The permit application, the draft CCAA and draft EA are
available for public review, and we seek public comment on these
documents and potential issuance of the permit associated with the
CCAA. Because the draft CCA and CA are part of the proposed action
addressed in the draft EA, these draft agreements are available for
public review.
Background Information
A CCAA is an agreement between the Service and one or more non-
Federal entities in which private and other non-Federal landowners
voluntarily agree to manage lands they enroll in the CCAA to remove or
reduce threats to species that are proposed for listing under the ESA,
that are candidates for listing, or that may become candidates for
listing. In return for managing their lands to the benefit of the
species covered by the CCAA, participating property owners receive
assurances that no additional conservation measures or land, water or
resource use restrictions will be imposed under the ESA on covered
activities on enrolled lands should any of the covered species ever be
listed under the ESA. The Service provides these assurances through an
Enhancement of Survival permit, issued pursuant to section 10(a)(1)(A)
of the ESA for a specific number of years, that becomes effective if a
species covered by the CCAA and permit is listed. Under the permit,
participating landowners also receive authorization for take that is
incidental to activities covered by the CCAA. In a case such as this,
in which a third-party would administer the CCAA, the permit is issued
to the third-party administrator, the Thunder Basin Association here,
and permit coverage extends to non-Federal landowners who enroll in the
CCAA through a Certificate of Inclusion (CI) and comply with the
requirements stated in the CCAA and their respective CIs. Additional
permit application requirements and issuance criteria for CCAAs are
found in the Code of Federal Regulations (CFR) at 50 CFR 17.22(d) and
17.32(d), respectively, as well as 50 CFR part 13. Please also see our
joint policy on CCAAs, which we published in the Federal Register with
the Department of Commerce's National Oceanic and Atmospheric
Administration, National Marine Fisheries Service (64 FR 32726; June
17, 1999).
As described above, the Thunder Basin Association has also proposed
implementing its Conservation Strategy in the Coverage Area through two
additional agreements, the CCA and CA, which are integrated with the
CCAA and the Association's administration of that agreement. In
general, CCAs and CAs are voluntary conservation agreements between the
Service and one or more public or private parties that identify
specific conservation measures that the participants will voluntarily
undertake to conserve the species covered by the agreements. CCAs are
typically developed with Federal agencies to address one or more
threats on Federal lands to candidate species and species that are
likely to become candidates, and are particularly helpful in ensuring
consistent application of a conservation strategy in situations, such
as occur in the Coverage Area, where private activities occur on a mix
of non-Federal and Federal lands. Because Federal agencies have special
obligations for the conservation of listed species under section 7 of
the ESA, CCAs for activities conducted on Federal lands do not include
the assurances, incidental take authorization and permit that are
available to participants in a CCAA, all of whom by definition are non-
Federal entities. A CA, in turn, may involve non-Federal and/or private
parties, but also does not provide assurances, take authorization or a
permit to agreement participants. In both types of agreements, the
Service works with its partners to identify threats to candidate
species, plan the measures needed to address the threats and conserve
these species, identify Federal permittees/licensees or others willing
to participate in the CCA or CA, develop agreements with these parties,
and design and implement conservation measures and monitor their
effectiveness.
Proposed Action
Under the proposed CCAA and the incorporated Conservation Strategy,
members of the Thunder Basin Association who enroll non-Federal lands
in the CCAA (Participants) would implement conservation measures that
avoid, minimize, and mitigate impacts to the Covered Species and their
habitats from activities covered by the CCAA (Covered Activities),
which are general farm and ranch operations, certain recreational
activities, oil and gas activities and surface/in-situ mining
activities, as well as the conservation measures to be implemented for
these activities under the CCAA. The Service would issue the permit to
the Thunder Basin Association, which would administer the CCAA and
enroll the Participants as provided in the CCAA. The CCAA and
associated permit would be in effect for 30 years. The Coverage Area
would encompass the five northeastern Wyoming counties of Campbell,
Converse, Crook, Niobrara, and Weston, along with two qualifying
peripheral properties located in Sheridan County, Wyoming, and the
Montana counties of Big Horn, Powder River, and Rosebud.
Through issuance of the enhancement of survival permit to the
Thunder Basin Association, the Service would provide
[[Page 85631]]
landowners who enroll non-Federal property in the CCAA through the
Association with assurances that, should any of the Covered Species be
listed, no further commitments or restrictions than those they
committed to under the CCAA would be imposed for Covered Activities on
enrolled lands, as long as the CCAA is being properly implemented.
Furthermore, if any of the Covered Species are listed, the permit would
provide landowners participating in the CCAA with incidental take
authorization for Covered Activities on enrolled non-Federal property.
The permit would become effective on the effective date of a listing of
a Covered Species as endangered or threatened and would continue
through the end of the CCAA term.
The Secretary of the Interior has delegated to the Service the
authority to approve or deny a section 10(a)(1)(A) permit in accordance
with the ESA. To act on Thunder Basin Association's permit application,
we must determine that the CCAA meets the issuance criteria specified
in the ESA and at 50 CFR 17.22 and 17.32, as well as at 50 CFR part 13.
These criteria include a finding that the proposed CCAA complies with
the requirements of our CCAA Policy (64 FR 32726; June 17, 1999). The
Service has proposed changes to the CCAA Policy and Regulation (FWS/
NOAA Fisheries policy notice at Docket No. [FWS-HQ-ES-2015-0177; May 4,
2016]; FWS regulations notice at Docket No. [FWS-HQ-ES-2015-0171; May
4, 2016]. When determining whether this CCAA complies with the
requirements of our CCAA Policy, we will use the most recent finalized
CCAA Policy.
National Environmental Policy Act Compliance
The issuance of a section 10(a)(1)(A) permit is a Federal action
subject to NEPA compliance, including the Council on Environmental
Quality regulations for implementing the procedural provisions of NEPA
(40 CFR 1500-1508; 516 DM 6.2B). The Service's decision on whether to
enter into the CCAA, CCA and CA, so that the Conservation Strategy can
be implemented on non-Federal and Federal lands subject to these
agreements, is also a Federal action subject to NEPA compliance. The
Association's draft CCAA and related application for the Enhancement of
Survival permit, as well as the companion CCA and CA it proposes, are
not eligible for categorical exclusion under NEPA. We have prepared a
draft EA to further analyze the direct, indirect, and cumulative
impacts of the proposed CCAA and permit, the CCA and the CA, including
their proposed implementation of the Conservation Strategy, on the
quality of the human environment and other natural resources. In
compliance with NEPA, we analyzed the potential impacts of this
proposed action and a reasonable range of alternatives in the draft EA.
Based on these analyses and any new information resulting from public
comment on the proposed action, we will determine if issuance of the
permit and approval of the underlying CCAA and related CCA and CA would
cause any significant impacts to the human environment. After reviewing
public comments, we will evaluate whether the proposed action and
alternatives in the draft EA are adequate to support a finding of no
significant impact under NEPA. We now make the draft EA available for
public inspection online or in person at the Service offices listed in
ADDRESSES.
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We request data, information,
opinions, or suggestions from the public, other concerned governmental
agencies, the scientific community, Tribes, industry, or any other
interested party on our proposed permit action. We particularly seek
comments on the following: (1) Biological information and relevant data
concerning the Covered Species; (2) current or planned activities in
the subject area and their possible impacts on the Covered Species; (3)
identification of any other environmental issues that should be
considered with regard to the proposed permit action; and (4)
information regarding the adequacy of the draft CCAA pursuant to the
requirements for permits at 50 CFR parts 13 and 17.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before including your address,
phone number, email address, or other personally identifiable
information (PII) in your comments, you should be aware that your
entire comment--including your PII--may be made publicly available at
any time. While you can ask us in your comment to withhold your PII
from public review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting documentation
we use in preparing the EA, will be available for public inspection by
appointment, during normal business hours, at our Wyoming Field Office
(see ADDRESSES).
Next Steps
After completion of the EA based on consideration of public
comments, we will determine whether adoption of the proposed action,
entry into the proposed CCAA, CCA and CA and issuance of the permit
associated with the CCAA, warrants a finding of no significant impact
or whether an environmental impact statement should be prepared. We
will evaluate the proposed agreements and their incorporated
Conservation Strategy, as well as any comments we receive, to determine
whether to enter into the agreements. We will also use our evaluation
and any comments we receive to help determine whether implementation of
the proposed CCAA would meet the requirements for issuance of a permit
under section 10(a)(1)(A) of the ESA. Further, we will evaluate whether
the proposed permit action and underlying CCAA, in addition to the CCA
and CCA, would comply with section 7 of the ESA by conducting an intra-
Service section 7 consultation. We will consider the results of this
consultation, in combination with the above findings, in our final
analysis to determine whether or not to issue a permit to the Thunder
Basin Association and enter into a CCAA, CCA, and CA. 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.
Authority: We provide this notice in accordance with the
requirements of section 10 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; 516 DM 6.2B, respectively).
Michael Thabault,
Assistant Regional Director, Ecological Services, Mountain-Prairie
Region, U.S. Fish and Wildlife Service, Lakewood, Colorado.
[FR Doc. 2016-28418 Filed 11-25-16; 8:45 am]
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