[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33543-33544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12438]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2016-N085; FVES59420300000F2 14X FF03E00000]
U.S. Fish and Wildlife Service Enhancement of Survival Permit;
Draft Mitchell's Satyr Safe Harbor Agreement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Receipt of application; request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the East Lansing Field Office Project
Leader for an Enhancement of Survival Permit (permit) under the
Endangered Species Act of 1973, as amended (ESA). The application
includes a draft Safe Harbor Agreement to facilitate reintroduction and
recovery of the Federally endangered Mitchell's satyr butterfly on non-
Federal land in Michigan and Indiana. We have made a preliminary
determination that the Safe Harbor Agreement and permit application are
eligible for a categorical exclusion under the National Environmental
Policy Act of 1969 (NEPA). The basis for this determination is
contained in a low-effect screening form, which is available for public
review. We are accepting comments on the permit application and draft
Safe Harbor Agreement.
DATES: To ensure consideration, please send your written comments on or
before June 27, 2016.
ADDRESSES:
Document Availability: The draft Safe Harbor Agreement, permit
application, and low-effect screening form are available on the
Internet at http://www.fws.gov/midwest/eastlansing/. Alternatively,
these documents are also available for public inspection during normal
business hours at the U.S. Fish and Wildlife Service, East Lansing
Field Office, 2651 Coolidge Rd., Ste. 101, East Lansing, Michigan
48823.
Submitting Comments: Send written comments via U.S. mail to the
U.S. Fish and Wildlife Service, Division of Ecological Services, 5600
American Blvd. West, Suite 990, Bloomington, MN 55437-1458; by
facsimile to 612-713-
[[Page 33544]]
5292; or by electronic mail to permitsr3es@fws.gov.
FOR FURTHER INFORMATION CONTACT: Barbara Hosler, East Lansing Field
Office (see ADDRESSES); by telephone (517-351-6326) or
barbara_hosler@fws.gov. If you use a telecommunications device for the
deaf (TDD), please call the Federal Information Relay Service at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Background Information
Under a Safe Harbor Agreement, participating landowners voluntarily
undertake conservation activities on their property to benefit species
listed under the ESA (16 U.S.C. 1531 et seq.). The Safe Harbor
Agreement and associated permit authorize participating landowners to
incidentally take Federally listed species that may result from
implementation of conservation activities beneficial to the species.
The Safe Harbor Agreement also provides participating landowners
assurances that no further land, water, or resource-use restrictions,
or additional commitments of land, water, or finances, would be imposed
beyond those agreed to in the Safe Harbor Agreement, including the
option to return their land to the baseline condition established at
the time of the Safe Harbor Agreement. Application requirements and
issuance criteria for enhancement of survival permits through Safe
Harbor Agreements are found in Service regulations at 50 CFR 17.22 and
17.32.
Mitchell's Satyr Butterfly Draft Safe Harbor Agreement
We have developed the Draft Safe Harbor Agreement to incentivize
certain non-Federal landowners in Michigan and Indiana to volunteer
their land for conservation activities beneficial to the Mitchell's
satyr butterfly. Under the proposed Safe Harbor Agreement, we would
issue a permit to the East Lansing Field Office Project Leader, who
would then convey the permits incidental take authorization and
assurances to willing landowners through Certificates of Inclusion, for
the purpose of facilitating recovery of the Mitchell's satyr butterfly.
Consistent with the Safe Harbor Policy (June 17, 1999, 64 FR 32717) and
section 7 of the ESA, we would also provide neighboring landowners with
incidental take authorization through the section 7 biological opinion,
and assurances to those neighboring landowners who participate under
the Safe Harbor Agreement.
To enroll in the Safe Harbor Agreement, an eligible landowner would
voluntarily work with the Project Leader at the East Lansing Field
Office to develop a Mitchell's satyr butterfly reintroduction plan for
their property. Each reintroduction plan would identify a conservation
zone, consisting mainly of suitable fen habitat for the Mitchell's
satyr butterfly, and where habitat management activities would occur.
Each reintroduction plan would have a term of 10 to 20 years within the
duration of the proposed Safe Harbor Agreement, which is 30 years.
Species Information
The Mitchell's satyr butterfly population has been in serious
decline for years. The species was once found in 30 locations across
Michigan, Indiana, and Ohio, with several disjunct populations in New
Jersey and possibly Maryland. Currently, Mitchell's satyr butterflies
occur at 10 sites in Michigan and 1 site in Indiana. Since the species
was listed in 1991, additional populations have been discovered in
Virginia, Alabama, and Mississippi; however, genetic studies are
inconclusive on the taxonomic relationships of these southern
populations to the Michigan and Indiana populations (Hamm 2012). The
Service's Recovery Plan for the Mitchell's satyr butterfly calls for
the establishment of 25 geographically distinct viable populations,
including specific actions to facilitate propagation and reintroduction
activities across its historic range.
Next Steps
We will evaluate the permit application, associated documents, and
comments we receive to determine whether the permit application meets
the requirements of the ESA, NEPA, and their implementing regulations.
If we determine that all requirements are met, we will sign the
proposed Safe Harbor Agreement and issue a permit under section
10(a)(1)(A) of the ESA to the East Lansing Field Office Project Leader.
We will not make our final decision on the permit application until
after the end of the public comment period, and we will fully consider
all comments we receive during the comment period.
Public Availability of Comments
Written comments 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 comment, you should be aware that the entire comment, including
your personal identifying information, may be made 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.
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. 4371 et seq.) and its implementing
regulations (40 CFR 1506.6; 43 CFR part 46).
Dated: May 6, 2016.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2016-12438 Filed 5-25-16; 8:45 am]
BILLING CODE 4333-15-P