Notice2022-22249
Endangered and Threatened Wildlife and Plants; Proposed Amendment to Programmatic Safe Harbor Agreement and Candidate Conservation Agreement With Assurances for Kansas Aquatic Species
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 13, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), are announcing the availability of documents associated with an application to amend an enhancement of survival permit (permit) under the Endangered Species Act. The Kansas Department of Wildlife and Parks has applied to amend the existing Programmatic Safe Harbor Agreement and Candidate Conservation Agreement with Assurances for 14 Aquatic Species in Kansas (SHA/CCAA) by adding one additional covered species, the western fanshell (Cyprogenia aberti). The documents available for review and comment are the applicant's proposed amended programmatic SHA/CCAA, which is part of the permit amendment application, and our draft environmental action statement and low-effect screening form, which support a categorical exclusion for the amendment under the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.
Full Text
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<title>Federal Register, Volume 87 Issue 197 (Thursday, October 13, 2022)</title>
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[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62114-62116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22249]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R6-ES-2021-0056; FF06E21000 234 FXES11140600000]
Endangered and Threatened Wildlife and Plants; Proposed Amendment
to Programmatic Safe Harbor Agreement and Candidate Conservation
Agreement With Assurances for Kansas Aquatic Species
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), are
announcing the availability of documents associated with an application
to amend an enhancement of survival permit (permit) under the
Endangered Species Act. The Kansas Department of Wildlife and Parks has
applied to amend the existing Programmatic Safe Harbor Agreement and
Candidate Conservation Agreement with Assurances for 14 Aquatic Species
in Kansas (SHA/CCAA) by adding one additional covered species, the
western fanshell (Cyprogenia aberti). The documents available for
review and comment are the applicant's proposed amended programmatic
SHA/CCAA, which is part of the permit amendment application, and our
draft environmental action statement and low-effect screening form,
which support a categorical exclusion for the amendment under the
National Environmental Policy Act. We invite comments from the public
and Federal, Tribal, State, and local governments.
DATES: We will accept comments received or postmarked on or before
November 14, 2022. Comments submitted online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (see ADDRESSES) must be received by 11:59 p.m.
Eastern Time on November 14, 2022.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any comments and other materials that we receive, will be available
for public inspection online in Docket No. FWS-R6-ES-2014-0048 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: To submit written comments, please use one of
the following methods, and note that your information request or
comments are in reference to the Kansas Aquatic SHA/CCAA amendment.
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket Number FWS-R6-ES-2014-
0048.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R6-ES-2014-0048; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Gibran Suleiman, by phone at 785-539-
3474, extension 114, or by email at <a href="/cdn-cgi/l/email-protection#5b3c3239293a3504282e373e32363a351b3d2c28753c342d"><span class="__cf_email__" data-cfemail="b2d5dbd0c0d3dcedc1c7ded7dbdfd3dcf2d4c5c19cd5ddc4">[email protected]</span></a>.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from the Kansas Department of
Wildlife and Parks (KDWP, applicant) to amend their existing 50-year
enhancement of survival permit (permit) under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The amendment
requests the addition of 1 species, the western fanshell, which is
currently proposed for Federal listing as a threatened species, to the
14 species that are already covered by the applicant's existing
approved programmatic safe harbor agreement (SHA) and candidate
conservation agreement with assurances (CCAA) on non-Federal lands in
the State of Kansas. The documents available for review and comment are
the applicant's proposed amended programmatic SHA/CCAA, which is part
of the permit amendment application, and our draft environmental action
statement and low-effect screening form for the amendment request,
which support a categorical exclusion under the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.) We invite comments on
documents from the public and Federal, Tribal, State, and local
governments.
Background
Via a Federal Register notice published on September 15, 2021 (86
FR 51366), we announced the availability of KDWP's original application
for an enhancement of survival permit with a 50-year term, which
included a proposed programmatic SHA/CCAA for 14 aquatic species in
Kansas, and our draft environmental action statement and low-effect
screening form, which supported a categorical exclusion under NEPA. The
comment period was open until October 15, 2021. After considering the
application and associated materials, we issued the requested permit.
To provide background information, we have made the original 2021
proposed programmatic SHA and CCAA, along with related documents and
comments, available for review in <a href="https://www.regulations.gov">https://www.regulations.gov</a> under
Docket No. FWS-R6-ES-2021-0056; however, we will not be taking further
comments on those documents.
[[Page 62115]]
Safe Harbor Agreements and Candidate Conservation Agreements With
Assurances
A SHA is an agreement between the Service, partners, and landowners
for voluntary management of non-Federal lands to contribute towards
recovery of ESA-listed species in a manner that is consistent with the
Service's policy on SHAs (64 FR 32717, June 17, 1999) and applicable
regulations. A CCAA is an agreement between the Service, partners, and
landowners for voluntary management of non-Federal lands to remove or
reduce key threats to species that may become listed under the ESA, in
a manner that is consistent with the Service's policy on CCAAs (81 FR
95164, December 27, 2016) and applicable regulations. In return for
implementing conservation measures in a SHA/CCAA, the Service gives
participants assurances that the Service will not impose land, water,
or resource use restrictions or conservation requirements on ESA-listed
species, or those that may become listed, beyond those agreed to in the
SHA/CCAA.
Applicant's Proposed Amendment to Programmatic Safe Harbor Agreement/
Candidate Conservation Agreement With Assurances
KDWP's purpose in amending its programmatic SHA/CCAA is to include
the western fanshell (Cyprogenia aberti), in order to facilitate the
reintroduction and implementation of conservation measures for the
species on non-Federal lands in Kansas. The documents available for
review and comment are the proposed amended programmatic SHA/CCAA,
which is part of the permit application, and our draft environmental
action statement and low-effect screening form, which support a
categorical exclusion under NEPA.
To enroll in the programmatic SHA/CCAA, a non-Federal landowner
would enter into a landowner agreement with KDWP to enroll all or a
portion of their property under the SHA and/or CCAA. Upon signature by
both parties, KDWP would issue a certificate of inclusion to the non-
Federal landowner, extending assurances and take authorization to the
participating landowner for the appropriate covered species. The
requested permit duration is for 50 years from December 15, 2021 (the
date of original permit issuance). Proposed conservation measures
include the introduction, reintroduction, augmentation (release of
individuals to supplement an existing population), or translocation of
the covered species, and protection or enhancement of aquatic, wetland,
riparian, or adjacent upland habitats for the covered species.
Conservation measures would be site specific, and would be developed by
the participating landowner and KDWP. Incidental take of covered
species may occur as a result of the implementation of conservation
measures or ongoing land management activities on the enrolled lands.
Covered Species
The addition of the western fanshell to the 14 species in the
existing agreement would bring the total number of species covered
under the CCAA/SHA to 15. All 15 species are in the table below.
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Federal Register
Species name Scientific name Federal listing status listing citation
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Safe Harbor Agreement Covered Species
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Fishes:
Arkansas River shiner............ Notropis girardi....... Threatened............. 63 FR 64772; November
13, 1998.
Neosho madtom.................... Noturus placidus....... Threatened............. 55 FR 21148; May 22,
1990.
Neosho mucket.................... Lampsilis rafinesqueana Endangered............. 78 FR 57076; September
17, 2013.
Peppered chub.................... Macrhybopsis tetranema. Endangered............. 87 FR 11188; February
28, 2022.
Topeka shiner.................... Notropis topeka........ Endangered............. 63 FR 69008; December
15, 1998.
Clams:
Rabbitsfoot...................... Quadrula cylindrica Threatened............. 78 FR 57076; September
cylindrica. 17, 2013.
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Candidate Conservation Agreement with Assurances Covered Species
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Reptiles:
Alligator snapping turtle........ Macrochelys temminckii. Proposed Threatened.... N/A.
Fishes:
Hornyhead chub................... Nocomis biguttatus..... Unlisted............... N/A.
Plains minnow.................... Hybognathus placitus... Unlisted............... N/A.
Silver chub...................... Macrhybopsis storeriana Unlisted............... N/A.
Clams:
Butterfly mussel................. Ellipsaria lineolata... Unlisted............... N/A.
Cylindrical papershell........... Anodontoides Unlisted............... N/A.
ferussacianus.
Flat floater..................... Anodonta suborbiculata. Unlisted............... N/A.
Fluted shell..................... Lasmigona costata...... Unlisted............... N/A.
Western fanshell................. Cyprogenia aberti...... Proposed Threatened.... N/A.
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Public Availability of Comments
Written comments we receive become part of the administrative
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 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
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. 4321 et seq.) and its
[[Page 62116]]
implementing regulations (40 CFR 1506.6 and 43 CFR 46).
Drue DeBerry,
Acting Assistant Regional Director, Ecological Services, Mountain-
Prairie Region.
[FR Doc. 2022-22249 Filed 10-12-22; 8:45 am]
BILLING CODE 4333-15-P
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