[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5460-5462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02939]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2018-0091; FXES11120500000-189-FF05E00000]
Amended Habitat Conservation Plan, Application for an Incidental
Take Permit for Piping Plover, Massachusetts Division of Fisheries and
Wildlife; Draft Finding of No Significant Impact
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of documents; request for public
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce receipt of an
application from the Massachusetts Division of Fisheries and Wildlife
(MADFW) to amend its Habitat Conservation Plan For Piping Plover for
unavoidable take of the federally listed threatened Atlantic Coast
piping plover incidental to otherwise lawful activities, specifically
recreational activities and beach operations on piping plover breeding
beaches in Massachusetts. We are making available the draft amendment,
MADFW's application, and our draft Finding of No Significant Impact
under the National Environmental Policy Act that evaluates the impacts
on the human environment associated with the proposed amendment. We
provide this notice to seek comments from the public and Federal,
Tribal, State, and local governments.
DATES: We will accept comments until March 25, 2019. Comments submitted
electronically using the Federal eRulemaking Portal (see ADDRESSES)
must be received by 11:59 p.m. Eastern Standard Time on the closing
date.
ADDRESSES: You may submit written comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal website at
http://www.regulations.gov. In the Search box, enter FWS-R5-ES-2018-
0091, which is the docket number for this notice. Click on the
appropriate link to locate this document and submit a comment.
By hard copy: Submit by U.S. mail or hand-delivery to Public
Comments Processing, Attn: Docket No. FWS-R5-ES-2018-0091; Division of
Policy, Performance and Management Programs; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, ABHC-PPM; Falls Church, VA 22041-3803.
We request that you send comments by only one of the methods
described above. We will post all information
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received on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section for more information).
FOR FURTHER INFORMATION CONTACT: Thomas Chapman, by mail at U.S. Fish
and Wildlife Service, New England Field Office, 70 Commercial Street,
Suite 300, Concord, NH 03301; by phone at 603-223-2541; or via the
Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce receipt of an application from the Massachusetts
Division of Fisheries and Wildlife (MADFW) to amend its Habitat
Conservation Plan For Piping Plover (HCP) for unavoidable take of the
federally listed threatened Atlantic Coast piping plover (Charadrius
melodus) incidental to otherwise lawful activities, specifically
recreational activities and beach operations on piping plover breeding
beaches in Massachusetts, and the associated permit that the Service
approved on July 8, 2016. The proposed amendment would facilitate HCP
implementation by addressing unusual circumstances where a limited
number of sites need additional management flexibility.
The Service is making available the draft amendment and the MADFW's
application. Through this notice we also announce the availability of a
draft Finding of No Significant Impact (FONSI) under the National
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) that
evaluates the impacts on the human environment associated with the
proposed amendment. We provide this notice to seek comments from the
public and Federal, Tribal, State, and local governments.
We received an application from the MADFW for an amendment to the
HCP and ITP (Incidental Take Permit; Federal Fish and Wildlife Permit
number TE01281C-0) to increase the site-specific allowable exposure to
take of piping plover pairs from certain covered activities at a
limited number of sites in limited circumstances. The Service's
proposed action is issuing an amended ITP in response to the MADFW's
proposed changes to how it intends to allocate site-specific exposure
of piping plovers to take.
The 2016 HCP generally limits site-specific take exposure to 15
percent of breeding pairs except that the MADFW may allow take exposure
of 30 percent of breeding pairs at up to five sites; sites with fewer
than seven pairs are allowed take exposure of one breeding pair. The
amendment would deal only with the exception to the general take
exposure limit of 15 percent, increasing the maximum exposure to 75
percent at eight sites statewide. The deviation in maximum exposure
would occur only in association with ``Use of Roads and Parking Lots in
the Vicinity of Unfledged Chicks'' and ``Oversand Vehicle (OSV) Use in
the Vicinity of Unfledged Chicks.'' Under the amended HCP, the general
maximum allowable take exposure would remain at 15 percent for all
covered activities; however, at up to eight sites, the MADFW could
allow take exposure of up to 75 percent of breeding pairs, including at
sites with fewer than seven pairs, from the two covered activities
mentioned above. The proposed action would not (1) increase the
statewide take level authorized under the ITP; (2) change the covered
species, covered activities, or conservation strategy including
required mitigation; or (3) extend the ITP duration.
Under NEPA, this notice advises the public that we have gathered
the information necessary to determine whether and how the draft
amendment to the HCP under section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA), may impact the human
environment, and whether supplementation of the EA is warranted.
Availability of Documents
You may obtain copies of the proposed amendment to the HCP and
draft FONSI on the internet at the New England Field Office's website
at https://www.fws.gov/newengland/ or at https://www.regulations.gov at
Docket No. FWS-R5-ES-2018-0091. Copies of the proposed HCP amendment
and draft FONSI also can be made available for public review during
regular business hours at the New England Field Office, 70 Commercial
Street, Suite 300, Concord, NH 03301. Those who do not have access to
the internet or cannot visit our office can request copies by telephone
at 603-223-2541, or by letter to the New England Field Office.
Background
The 2016 ITP issued to the MADFW authorized take caused by
recreational activities and beach operations that deviate from State
and Federal guidelines for avoiding take (Guidelines for Managing
Recreational Use of Beaches to Protect Piping Plovers, Terns and Their
Habitats in Massachusetts (MADFW 1993; http://www.mass.gov/eea/docs/dfg/nhesp/species-and-conservation/ma-shorebird-management-guidelines.pdf, accessed March 20, 2018); Guidelines for Managing
Recreational Activities In Piping Plover Breeding Habitat On The U.S.
Atlantic Coast To Avoid Take Under Section 9 Of The Endangered Species
Act (USFWS 1994; http://www.fws.gov/northeast/pipingplover/pdf/recguide.pdf, accessed March 20, 2018)). The HCP functions as an
umbrella plan to allow the MADFW to extend incidental take coverage via
Certificates of Inclusion (COI) to approved landowners and beach
managers to implement a suite of covered activities if they meet the
eligibility and COI application requirements described in the HCP. The
MADFW, as the permit holder, manages and implements the statewide
conservation program outlined in the HCP to minimize and mitigate for
the impacts of the incidental take. The MADFW is also responsible for
administering the Massachusetts Endangered Species Act and its
implementing regulations (MESA; MGL c. 131A; 321 CMR 10.00) and issues
separate MESA conservation and management permits for piping plovers
and other State-listed species that may be impacted by the
implementation of the HCP's covered activities.
The proposed amendment would facilitate implementation of the HCP
and address limited circumstances where there is a need to exceed the
current maximum allowable take exposure of 30 percent at five sites
statewide. Again, this is an exception to the general limit of 15
percent that would apply elsewhere. As currently written, the exception
to site-specific take exposure limit of the 2016 HCP creates an
obstacle to a few beach operators who might otherwise benefit from
participating in the HCP. For small beaches, multiple pairs of plovers
nesting at critical access points could preclude all access if take
exposure is restricted to 30 percent or less, because sites with three
to seven pairs of piping plovers are currently limited to take exposure
of one to two plover nests, broods, or territories. Beaches with roads
and parking lots adjacent to piping plover breeding habitat may
experience occasions when the majority of the pairs congregate their
nests or young at critical recreational access points resulting in the
total closure of parking lots or improved roads. The proposed action
would increase the maximum allowable take exposure from 30 percent of
the breeding pairs at up to five sites to 75 percent of breeding pairs
at up to eight sites, statewide.
The proposed amendment is largely an administrative change, because
it would not change how the HCP is implemented, but would only alter
MADFW's flexibility in allocating the
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annual statewide take exposure. The amendment would not affect the 2016
HCP's sliding scale method for determining the annual allowable take of
broods, nests, or territories based on the 3-year running statewide
population average. In addition, the amendment would apply to only two
covered activities: ``Use of Roads and Parking Lots in the Vicinity of
Unfledged Chicks'' and ``OSV Use in the Vicinity of Unfledged Chicks.''
It would not apply to ``Recreation Management and Beach Operations.''
Additionally, the proposed amendment would not alter limits on the
habitat, broods, or pairs affected through reduced proactive fencing,
reduced buffers around nests, or nest moving.
The FONSI anticipates some site-specific impacts to piping plovers
as a result of the increase in allowable take exposure and associated
decrease in productivity at up to eight sites. However, the FONSI
anticipates that the impacts to the piping plover and the human
environment statewide will be essentially the same as those previously
analyzed in our 2016 Environmental Assessment (EA), because at a full
allocation of authorized take, for any increase in breeding pairs
exposed to take at one site, the MADFW would have to make a
corresponding reduction in the remaining number of pairs that could be
exposed to take at other sites. Moreover, the nature of the activities
being conducted has not changed.
National Environmental Policy Act
When we issued the initial permit to the MADFW, we thoroughly
analyzed the associated impacts to the human environment in our EA,
concluding our NEPA analysis with a Finding of No Significant Impacts.
We prepared a draft FONSI on the proposed action and have made it
available for public inspection (see Availability of Documents). In it,
we tentatively determine that the proposed action would not cause
significant impacts on the human environment and that supplementation
of the EA is not warranted. We base that preliminary conclusion on: The
limited nature of the proposed amendment that the deviation from the
maximum exposure limit at a site would apply in a minority of
situations; the manner in which the activities will be conducted has
not been altered; and, the overall take allocation remains unchanged.
Public Comments
The Service invites the public to comment on the proposed HCP
amendment and draft FONSI during a 30-day public comment period (see
DATES). You may submit comments by one of the methods shown under
ADDRESSES.
Public Availability of Comments
We will post all public comments and information received
electronically or via hard copy on our website at https://regulations.gov. All comments received, including names and addresses,
will become part of the administrative record and will be available to
the public. 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
This notice is provided pursuant to section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: February 14, 2019.
Paul Phifer,
Assistant Regional Director, Ecological Services, Northeast Region.
[FR Doc. 2019-02939 Filed 2-20-19; 8:45 am]
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