[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Pages 14496-14497]
From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]
[FR Doc No: 2020-05043]



Fish and Wildlife Service

[FWS-R1-ES-2020-N017; FXES11140100000-201-FF01E00000]

Proposed Site Plans Under a Candidate Conservation Agreement With 
Assurances for the Fisher in Oregon; Enhancement of Survival Permit 

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received two enhancement of survival permit (permit) applications 
pursuant to the Endangered Species Act (ESA). If granted, the requested 
permits would authorize incidental take of the fisher, should the 
species become federally listed in the future under the ESA. The permit 
applications are associated with a template candidate conservation 
agreement with assurances (CCAA) previously developed by the Service 
for the conservation of the fisher. The conservation measures in the 
CCAA are intended to provide a net conservation benefit to the fisher. 
We have also prepared draft environmental action statements (EASs) 
pursuant to the requirements of the National Environmental Policy Act 
of 1969 for each of these permit applications. We are making the permit 
application packages and draft EASs available for public review and 

DATES: To ensure consideration, written comments must be received from 
interested parties no later than April 13, 2020.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods: Note that your information 
request or comments are in reference to the ``Campbell Fisher CCAA'' 
and indicate by name, which permit application (see below) you are 
interested in or addressing.
     Internet: Documents may be viewed on the internet at 
     Email: [email protected]. Include ``Campbell 
Fisher CCAA'' in the subject line of the message or comments and 
indicate which permit application on which you are providing comments.
     U.S. Mail: State Supervisor, Oregon Fish and Wildlife 
Office, U.S. Fish and Wildlife Service; 2600 SE 98th Avenue, Suite 100; 
Portland, OR 97266.
     Fax: 503-231-6195, Attn: Fisher CCAA.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment (necessary for viewing or picking up documents only), 
during normal business hours at the Oregon Fish and Wildlife Office (at 
the above address); call 503-231-6179 to make an appointment. Written 
comments can be dropped off during regular business hours at the above 
address on or before the closing date of the public comment period (see 

telephone: 503-231-6179; facsimile: 503-231-6195. If you use a 
telecommunications device for the deaf, please call the Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the Service, have received two permit 
applications from timber land owners in Oregon pursuant to section 
10(a)(l)(A) of the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). The requested permits would authorize incidental 
take of the fisher (Pekania pennanti) caused by the applicants' routine 
forest-related management activities through June 20, 2047, or the 
remaining duration of the CCAA, should the fisher become federally 
listed in the future under the ESA. Each permit application includes a 
proposed individual site plan prepared in accordance with the template 
CCAA previously developed by the Service for the conservation of the 
fisher. We also have prepared draft environmental action statements 
(EASs) pursuant to the requirements of the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) for each of these 


    A CCAA is a voluntary agreement whereby landowners agree to manage 
their lands to remove or reduce threats to species that may become 
listed under the ESA (64 FR 32726; June 17, 1999). CCAAs are intended 
to facilitate the conservation of proposed and candidate species, and 
species likely to become candidates in the near future, by giving non-
Federal property owners incentives to implement conservation measures 
for declining species by providing certainty with regard to land, 
water, or resource use restrictions that might be imposed should the 
species later become listed as threatened or endangered under the ESA. 
In return for managing their lands to the benefit of the covered 
species, enrolled landowners receive assurances that additional 
regulatory requirements pertaining to the covered species will not be 
required if the covered species becomes listed as threatened or 
endangered under the ESA, so long as the CCAA remains in place and is 
being fully implemented.
    A CCAA serves as the basis for the Service to issue permits to non-
Federal participants pursuant to section 10(a)(l)(A) of the ESA. 
Application requirements and issuance criteria for permits under CCAAs 
are found in the Code of Regulations (CFR) at 50 CFR 17.22(d) and 
17.32(d). The Service developed a template CCAA for the West Coast 
distinct population segment (DPS) of the fisher in Oregon and a draft 
EAS for future issuance of permits under the finalized template to 
comply with NEPA. The template CCAA and the EAS were noticed for 
comment in the Federal Register (81 FR 15737; March 24, 2016). The 
template CCAA and EAS were finalized and signed by the Service on June 
20, 2018.
    The CCAA template established general guidelines and identified 
minimum conservation measures for potential participants in the CCAA. 
Interested participants can voluntarily enroll their properties under 
the CCAA through development of individual site plans prepared in 
accordance with the provisions of the CCAA and that are submitted as 
part of their permit applications. The permits would authorize 
incidental take of the fisher with assurances to qualifying landowners 
who carry out conservation measures that would benefit the West Coast 
DPS of the fisher.

Proposed Actions

    We have received applications for ESA section 10(a)(l)(A) permits 
under the template CCAA for the fisher from the Pacific West Timber 
Company, LLC and the Franklin-Clarkson Timber Company (applicants) for 
their identified lands in Oregon. They are being represented by 
Campbell Global, LLC, who will be principally responsible for timber 
management on these lands.
    Each requested permit would authorize incidental take of the 
fisher, should it become federally listed and affected by the 
applicant's routine

[[Page 14497]]

forest-related management activities on their managed properties 
through June 20, 2047. Fisher are not currently known to occur on 
either of the applicants' proposed enrolled lands.
    Each permit application includes a proposed site plan that 
describes the lands to be covered by the permit and the conservation 
measures required under the template CCAA that will be implemented on 
covered lands. The primary conservation measures common to the two site 
plans include:
     Allowing access to covered lands to conduct fisher 
     Protecting fisher dens and their young by limiting 
disturbance and impacts to denning structures;
     Limiting trapping/nuisance control for other animals that 
could pose a risk to fisher (trapping of fisher is prohibited by State 
of Oregon law);
     Allowing the potential future translocation of the fisher 
onto enrolled lands; and
     Promoting the development of habitat structures that would 
support the fisher.

Public Comments

    We are making the two permit application packages, including the 
individual site plans and the two draft EASs, available for public 
review and comment (see ADDRESSES). The final template CCAA and EAS 
that were finalized and signed by the Service on June 20, 2018, are 
also available for public information. You may submit your comments and 
materials by one of the methods listed in the ADDRESSES section. 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, including on the adequacy of the site plans 
prepared in accordance with the template 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 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. Comments and materials we receive, as well as supporting 
documentation, will be available for public inspection by appointment, 
during normal business hours, at our Oregon Fish and Wildlife Office 


    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. 2020-05043 Filed 3-11-20; 8:45 am]