Notice2026-11582
Receipt of Enhancement of Survival Permit Application and Proposed Conservation Benefit Agreement for the Benefit of the Columbia Basin Pygmy Rabbit in Washington; Categorical Exclusion
Primary source
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Published
June 10, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), have received an application from the Washington Department of Fish and Wildlife (WDFW) for an enhancement of survival permit for take of the Columbia Basin pygmy rabbit (CBPR) pursuant to Section 10 of the Endangered Species Act. This application includes a proposed conservation benefit agreement (CBA) outlining conservation measures and ongoing land management activities that non-federal participants will implement on their enrolled properties for CBPR. The purpose of this CBA is to foster collaboration among the Service, WDFW, and participants; promote voluntary conservation measures that reduce or remove threats to the covered species; provide regulatory assurances to participating landowners; and improve habitat connectivity and support geographic expansion of the CBPR in the Columbia Basin in Washington. We have prepared a draft environmental action statement documenting our preliminary determination that the permit decision may be eligible for categorical exclusion under the National Environmental Policy Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.
Full Text
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<title>Federal Register, Volume 91 Issue 111 (Wednesday, June 10, 2026)</title>
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[Federal Register Volume 91, Number 111 (Wednesday, June 10, 2026)]
[Notices]
[Pages 35261-35263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11582]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2026-0463; ES11140100000-267-FF01E0000]
Receipt of Enhancement of Survival Permit Application and
Proposed Conservation Benefit Agreement for the Benefit of the Columbia
Basin Pygmy Rabbit in Washington; Categorical Exclusion
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), have
received an application from the Washington Department of Fish and
Wildlife (WDFW) for an enhancement of survival permit for take of the
Columbia Basin pygmy rabbit (CBPR) pursuant to Section 10 of the
Endangered Species Act. This application includes a proposed
conservation benefit agreement (CBA) outlining conservation measures
and ongoing land management activities that non-federal participants
will implement on their enrolled
[[Page 35262]]
properties for CBPR. The purpose of this CBA is to foster collaboration
among the Service, WDFW, and participants; promote voluntary
conservation measures that reduce or remove threats to the covered
species; provide regulatory assurances to participating landowners; and
improve habitat connectivity and support geographic expansion of the
CBPR in the Columbia Basin in Washington. We have prepared a draft
environmental action statement documenting our preliminary
determination that the permit decision may be eligible for categorical
exclusion under the National Environmental Policy Act. We invite the
public and local, State, Tribal, and Federal agencies to comment on
these documents.
DATES: Comments will be accepted on or before July 10, 2026. Comments
submitted electronically using the Federal eRulemaking Portal (see
ADDRESSES, below) must be received by 11:59 p.m. eastern time on the
closing date.
To ensure your comment is received and considered, you must submit
it using one of the methods identified in the ADDRESSES section of this
document. Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered.
ADDRESSES:
Obtaining documents: The application, application supporting
materials, and any comments and other materials that we receive will be
available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in
Docket No. FWS-R1-ES-2026-0463.
Comment submission: All submissions must include the docket number
[FWS-R1-ES-2026-0463] for this document. You must submit comments using
one of the following methods:
<bullet> Electronic submission: Federal eRulemaking Portal at:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R1-ES-2026-
0463, which is the docket number for this action. Then click the Search
button. On the resulting page, you may submit a comment by clicking on
``Comment.'' Please ensure that you have found the correct document
before submitting your comments.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R1-ES-2026-0463, Policy and Regulations Branch, U.S. Fish and
Wildlife Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church,
VA 22041-3803.
Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered. We will not accept comments via email, fax, or hand
delivery. We are not required to consider comments that are submitted
after the comment period ends or that are submitted via a method
outside of these instructions. Comments containing profanity,
vulgarity, threats, or other inappropriate content will not be
considered.
We will post all comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may
request that we withhold personal identifying information from public
review; however, we cannot guarantee that we will be able to do so. See
Request for Public Comments for more information.
FOR FURTHER INFORMATION CONTACT: Tara Callaway, Washington Fish and
Wildlife Office, via telephone at 509-201-2414, or via email at
<a href="/cdn-cgi/l/email-protection#56023724370915373a3a3721372f1630212578313920"><span class="__cf_email__" data-cfemail="64300516053b270508080513051d240213174a030b12">[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. 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 enhancement of survival permit (permit)
application pursuant to section 10(a)(1)(A) of the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) from Washington
Department of Fish and Wildlife (WDFW). If issued, the permit would
authorize take of the Columbia Basin pygmy rabbit (CBPR; Brachylagus
idahoensis), which is federally and state listed as endangered. The
take is likely to result from otherwise lawful land-use activities
including general farm and rangeland stewardship and recreation within
suitable CBPR habitat, as well as ranching, farming, residential/
commercial maintenance, and recreation within non-habitat for CBPR.
Overall, the conservation measures described in the conservation
benefit agreement (CBA) are intended to provide a net conservation
benefit for the species. We have also prepared a draft environmental
action statement (EAS) for our preliminary determination that the
permit decision is eligible for categorical exclusion under the
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We
provide this notice to open a public comment period and invite comments
from all interested parties regarding the documents referenced above.
Background
On April 12, 2024, the Service published final revisions to the
regulations for ESA sections 10(a)(1)(A) and (B) (89 FR 26070), which
went into effect on May 13, 2024. Among other changes and
clarifications, the revised regulations simplify the requirements for
enhancement of survival permits by defining a new agreement type, known
as a CBA. Under a CBA, participating property owners undertake
management activities on their property to enhance, restore, or
maintain habitat conditions to an extent that is likely to result in a
net conservation benefit for the covered species. A CBA and the
associated enhancement of survival permit encourage private and other
non-Federal property owners to implement conservation actions for
federally listed species. Participating property owners are assured
that they will not be subject to increased property use restrictions as
a result of their efforts to attract listed species to their property,
or to increase the numbers or distribution of listed species already on
their property. The authorization to take listed species is contingent
on the property owner complying with obligations in the CBA and the
terms and conditions of the permit. The CBA must provide a net
conservation benefit, which is defined at Code of Federal Regulations
(CFR) at 50 CFR 17.3.
This proposed CBA would renew, amend, and replace the expiring Safe
Harbor Agreement (SHA, or Agreement) for the CBPR which expires in
October 2026. The proposed CBA differs from the original SHA in that
WDFW is proposed as a primary permit holder, able to enroll private
landowners as participants through certificates of inclusion under
WDFW's enhancement of survival permit. Participants agreeing to conduct
conservation measures and enroll in the CBA will be provided regulatory
assurances allowing incidental take above the baseline condition for
activities covered by this Agreement, and may return the enrolled
property back to the baseline conditions at the end of the Agreement.
The CBA would allow enrollment from private lands within the
Columbia Plateau ecoregion of Washington, which consists of
approximately 16 million
[[Page 35263]]
acres of land within Adams, Douglas, Grant, Lincoln, and Benton
Counties. Because of the momentum of the recovery program and the great
need for additional habitat to continue to establish pygmy rabbits
across the broader shrub-steppe landscape, it is likely that at least
120,000 new acres would be enrolled in this CBA within the agreement
time frame. The term of the of the CBA and proposed enhancement of
survival permit is 30 years.
If participants' voluntary conservation measures are likely to
result in the covered species occupying adjacent properties that are
not enrolled under this Agreement, WDFW will contact the neighbors and
make every reasonable effort to include them as voluntary signatories
to the CBA using the procedures set forth in this Agreement. If the
neighboring property owner chooses not to enroll, WDFW will seek
permission to capture any pygmy rabbits present to be relocated to
other suitable habitat.
WDFW will complete compliance, biological, and incidental take
monitoring needed to ensure success of the Agreement. Compliance
monitoring will consist of regular assessments to ensure suitable
habitat acres have been retained and that agreed upon conservation
measures have been implemented. Biological monitoring may include
efficacy monitoring of habitat improvement or restoration projects
implemented by WDFW or the Service. If any take occurs, the amount of
take will be quantified by WDFW and reported to the Service. If habitat
becomes unsuitable, WDFW and the Service will work with participants to
implement adaptive management to address habitat issues.
Required Conservation Measures for participants in suitable habitat
areas are described fully in the CBA, and include:
<bullet> Work with WDFW to delineate properties into areas of
suitable habitat for CBPR and non-habitat.
<bullet> Retain vegetation cover in designated suitable habitat
areas for the duration of the CBA (30 years);
<bullet> Provide WDFW access to the property's suitable habitat
areas to assess occupancy status, monitor trends in distribution and
abundance and monitor habitat function and availability;
<bullet> Notify WDFW at least 60 days prior to undertaking any
habitat-altering activity that could result in take of CBPR or in a
diminishment of suitable habitat so that WDFW can determine occupancy
and if present, move CBPR to alternate site(s); and
<bullet> Immediately notify the WDFW upon finding any dead or
injured CBPR on enrolled property.
Voluntary Conservation Measures for participants in suitable
habitat are described fully in the CBA, and include:
<bullet> Allow WDFW to release captive-bred and/or translocated
CBPR;
<bullet> Allow WDFW to install recovery-related infrastructure on
enrolled properties in support of the CBPR recovery;
<bullet> Work with WDFW to implement fuel treatments/green fuel
breaks and/or buffers to protect suitable habitat areas from fire risk;
<bullet> Provide WDFW access to the property's suitable habitat
areas for the term of the agreement for research purposes not covered
in the Required Conservation Measures listed above;
<bullet> Improve road access through mowing or light tilling to
facilitate access for recovery actions or to reduce fire risk;
<bullet> Implement native seeding or planting or other Natural
Resource Conservation Service (NRCS) conservation practices to improve
or enhance habitat suitability;
<bullet> Work with WDFW or the Service to identify potential
habitat restoration or improvement projects to further increase
suitable habitat area or quality; and
<bullet> Implement durable habitat conservation to maintain
undeveloped areas where possible through options such as NRCS Working
Land Easements, Conservation Easements, or acquisitions.
Request for Public Comments
We invite public review and comment on the permit application
package, including the CBA and draft EAS (see ADDRESSES). 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 CBA,
pursuant to the requirements for permits at 50 CFR parts 13 and 17. We
especially encourage comments from landowners within the proposed CBA
boundary.
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.
Next Steps
After the public comment period ends (see DATES), we will evaluate
the permit application, associated documents, and any comments received
to determine whether the permit application meets the requirements of
section 10(a)(1)(A) of the ESA. We will also evaluate whether issuance
of the requested permit would comply with section 7(a)(2) of the ESA by
conducting an intra-Service consultation on the proposed action. The
final NEPA and permit determinations will not be completed until after
the end of the 30-day comment period and will fully consider all
comments received during the comment period. If we determine that all
requirements are met, we will issue an Enhancement of Survival Permit
under section 10(a)(1)(A) of the ESA and associated implementing
regulations found at 50 CFR 17.22(c).
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), and its implementing regulations (50 CFR 17.22),
and the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and
implementing regulations (46 CFR part 43) and procedures (516 DM 1).
Bridget Fahey,
Acting Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2026-11582 Filed 6-9-26; 8:45 am]
BILLING CODE 4333-15-P
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