45136 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 

Authority 

We provide this notice under section 

10 of the ESA (16 U.S.C. 1531 et seq.) 

and NEPA (42 U.S.C. 4321 et seq.). 

G. Mendel Stewart, 

Field Supervisor, Carlsbad Fish and Wildlife 

Office, Carlsbad, California. 

[FR Doc. 2018–19187 Filed 9–4–18; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R3–ES–2018–N062; 

FXES11140300000 FF03E00000] 

Habitat Conservation Plan for 

Mitchell’s Satyr and Poweshiek 

Skipperling Butterflies; Categorical 

Exclusion for Indiana and Michigan 

Habitat Restoration and Management 

Activities 

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 

applications from the Michigan 

Department of Natural Resources 

(MDNR) and the Indiana Department of 

Natural Resources (IDNR) for incidental 

take permits (ITP) under the Endangered 

Species Act. If approved, the permits 

would authorize the incidental take of 

two federally endangered butterflies, the 

Mitchell’s satyr and the Poweshiek 

skipperling. The MDNR is applying for 

an ITP for take of the Mitchell’s satyr 

and Poweshiek skipperling, while the 

IDNR is applying for an ITP for the 

Mitchell’s satyr only. The ITP 

applications include one habitat 

conservation plan to cover activities 

associated with maintaining, managing, 

and restoring the fen habitats occupied 

by these species. We have made a 

preliminary determination that the HCP 

and permit applications are eligible for 

categorical exclusion under the National 

Environmental Policy Act of 1969 

(NEPA). We are accepting comments on 

the applicants’ draft HCP, and our loweffect screening form and environmental 

action statement. 

DATES: To ensure consideration, please 

send your written comments on or 

before October 5, 2018. 

ADDRESSES: Document Availability: 

• Internet: You may obtain copies of 

the documents on the internet at https:// 

www.fws.gov/midwest/endangered/ 

permits/hcp/r3hcps.html. 

• U.S. Mail: You can obtain the 

documents by mail from the Michigan 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 

• In-Person: To view hard copies of 

the documents in person, go to the 

Ecological Services Office (8 a.m. to 4 

p.m.) listed under FOR FURTHER

INFORMATION CONTACT. 

Comment submission: In your 

comment, please specify whether your 

comment addresses the draft HCP, EAS, 

or any combination of the 

aforementioned documents, or other 

supporting documents. You may submit 

written comments by one of the 

following methods: 

• Electronically: Submit by email to 

EastLansing@fws.gov. 

• By hard copy: Submit by U.S. mail 

or hand-delivery to U.S. Fish and 

Wildlife Service; Michigan Ecological 

Services Field Office, 2651 Coolidge 

Rd., Ste. 101, East Lansing, Michigan 

48823. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Tansy, Michigan Ecological 

Services Field Office, 2651 Coolidge 

Rd., Ste. 101, East Lansing, Michigan 

48823; telephone (517–351–8375), or by 

facsimile (517–351–1443). If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal 

Information Relay Service at 800–877– 

8339. If you use a telecommunications 

device for the deaf (TDD), please call the 

Federal Information Relay Service at 

800–877– 8339. 

SUPPLEMENTARY INFORMATION: We have 

received applications from the Michigan 

Department of Natural Resources 

(MDNR) and the Indiana Department of 

Natural Resources (IDNR) for 20-year 

incidental take permits (ITP) under the 

ESA. The MDNR is applying for an ITP 

for take of the endangered Mitchell’s 

satyr (Neonympha mitchellii mitchellii) 

and Poweshiek skipperling (Oarisma 

poweshiek) butterflies. The State of 

Indiana is applying for an ITP for the 

Mitchell’s satyr only. The applications 

address the potential for ‘‘take’’ of the 

federally endangered butterflies that is 

likely to occur incidental to the 

implementation of habitat management 

activities designed to benefit the 

species. We are requesting comments on 

the proposed HCP and our preliminary 

determination that the plan qualifies as 

eligible for a categorical exclusion under 

the National Environmental Policy Act. 

Background 

We listed the Mitchell’s satyr as 

endangered on June 25, 1991 (56 FR 

28825), and the Poweshiek skipperling 

as endangered on October 24, 2014 (79 

FR 63672). Section 9 of the ESA 

prohibits the ‘‘taking’’ of endangered 

species. However, provided certain 

criteria are met, we are authorized to 

issue permits under section 10(a)(1)(B) 

of the ESA for take of federally listed 

species, when, among other things, such 

a taking is incidental to, and not the 

purpose of, otherwise lawful activities. 

Under the ESA, the term ‘‘take’’ means 

to harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect 

endangered and threatened species, or 

to attempt to engage in any such 

conduct. Our implementing regulations 

define ‘‘harm’’ as significant habitat 

modification or degradation that results 

in death or injury to listed species by 

significantly impairing essential 

behavioral patterns, including breeding, 

feeding, or sheltering (50 CFR 17.3). 

Harass, as defined, means ‘‘an 

intentional or negligent act or omission 

which creates the likelihood of injury to 

wildlife by annoying it to such an extent 

as to significantly disrupt normal 

behavioral patterns which include, but 

are not limited to, breeding, feeding, or 

sheltering’’ (50 CFR 17.3). However, 

under specified circumstances, the 

Service may issue permits that allow the 

take of federally listed species, provided 

that the take that occurs is incidental to, 

but not the purpose of, an otherwise 

lawful activity. 

Regulations governing permits for 

endangered and threatened species are 

at 50 CFR 17.22 and 17.32, respectively. 

Section 10(a)(1)(B) of the ESA contains 

provisions for issuing such incidental 

take permits to non-Federal entities for 

the take of endangered and threatened 

species, provided the following criteria 

are met: (1) The taking will be 

incidental; (2) The applicant will, to the 

maximum extent practicable, minimize 

and mitigate the impact of such taking; 

(3) The applicant will develop a 

proposed HCP and ensure that adequate 

funding for the HCP will be provided; 

(4) The taking will not appreciably 

reduce the likelihood of the survival 

and recovery of the species in the wild; 

and (5) The applicant will carry out any 

other measures that the Service may 

require as being necessary or 

appropriate for the purposes of the HCP. 

In addition to meeting other specific 

criteria, actions undertaken through 

implementation of the Habitat 

Conservation Plan (HCP) must not 

jeopardize the continued existence of 

federally listed animal or plant species. 

Applicants’ Proposal 

The MDNR and IDNR (hereafter, the 

applicants) have submitted an HCP in 

support of their applications for ITPs to 

address take of the Mitchell’s satyr and 

Poweshiek skipperling. Covered 

activities include actions necessary to 

maintain, manage, and restore fen 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45137 

habitats occupied by these two 

endangered butterflies. The HCP’s area 

encompasses the counties of Berrien, 

Branch, Cass, Jackson, Oakland, Van 

Buren, and Washtenaw in Michigan and 

LaGrange County in Indiana. The 

covered activities include the following: 

Hydrology restoration, prescribed 

burning, mowing/hydro-axing, 

vegetation removal, biological control of 

invasive species, livestock grazing, 

seeding and planting, and butterfly 

surveys. The applicants have 

determined that actions associated with 

the maintenance and restoration of 

butterfly habitat has the potential to 

incidentally take the species. Both 

butterfly species could be injured or 

killed by the actions to maintain and 

restore their habitat. 

The HCP’s proposed conservation 

strategy is designed to minimize and 

mitigate the impacts of covered 

activities on the covered species. The 

biological goals are to complement the 

needed conservation actions to restore 

and conserve the species’ habitat in 

Michigan and Indiana. The proposed 

action consists of the issuance of ITPs 

and implementation of the proposed 

HCP. Three alternatives were 

considered in the HCP. The proposed 

alternative in the draft HCP is the 

issuance of ITPs to the State of Indiana 

and the State of Michigan to authorize 

take of MSB and PS on private lands 

and public lands. The first alternative 

considered, but not selected, was 

restricting the HCP to public agencies 

only. However, this would miss the 

opportunity to work more efficiently 

with non-public landowners where the 

species frequently occur and thus result 

in fewer conservations actions to benefit 

the species. The second alternative 

considered, but not selected, was for the 

current status quo or no action (i.e., only 

existing management techniques that 

are approved on a site-by-site, projectby-project basis under ESA section 7 

consultation or 10(a)(1)(A) recovery 

permits). This alternative results in a 

lower efficiency, as each agency or 

organization develops and applies for 

individual permits or authorizations 

rather than being part of a coordinated 

effort. The quantity and quality of 

conservation actions is expected to be 

lower under the status quo than under 

the other alternatives considered. Under 

the proposed alternative, non-Federal 

cooperators who wish to conduct 

habitat management activities for the 

butterflies may participate through 

certificates of inclusion by agreeing to 

implement the conservation measures 

and other requirements of the HCP. The 

certificates of inclusion will be issued 

by each State and will convey all of the 

ITPs incidental take authorization. 

Our Preliminary Determination 

We are requesting comments on our 

preliminary determination that the 

applicants’ proposal will have a minor 

or negligible effect on the endangered 

butterflies and that the plan qualifies as 

a low-effect HCP as defined by our 

Habitat Conservation Planning 

Handbook (December 2016). We base 

our determinations on three criteria: (1) 

Implementation of the proposed project 

as described in the HCP would result in 

minor or negligible effects on federally 

listed, proposed, and/or candidate 

species and their habitats; (2) 

implementation of the HCP would result 

in minor or negligible effects on other 

environmental values or resources; and 

(3) HCP impacts, considered together 

with those of other past, present, and 

reasonably foreseeable future projects, 

would not result in cumulatively 

significant effects. In our analysis of 

these criteria, we have made a 

preliminary determination that the 

approval of the HCP and issuance of an 

ITP qualify for categorical exclusion 

under the National Environmental 

Policy Act (NEPA) (42 U.S.C. 4321 et 

seq.), as provided by the Department of 

the Interior implementing regulations in 

part 46 of title 43 of the Code of Federal 

Regulations (43 CFR 46.205, 46.210, and 

46.215). However, based upon our 

review of public comments that we 

receive in response to this notice, this 

preliminary determination may be 

revised. 

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 issue permits under section 

10(a)(1)(B) of the ESA to the MDNR and 

IDNR. 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 Comments 

You may submit your comments and 

materials related to the draft HCP, DEA, 

or other supporting documents by one 

of the methods listed in ADDRESSES. We 

request that you send comments by only 

one of the methods described in 

ADDRESSES. 

Comments and materials we receive, 

as well as documents associated with 

the notice, will be available for public 

inspection by appointment, during 

normal business hours, at the Michigan 

Ecological Services Field Office in East 

Lansing, Michigan (see FOR FURTHER

INFORMATION CONTACT). 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 ask us in you 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 the NEPA (42 U.S.C. 

4371 et seq.) and its implementing 

regulations (40 CFR 1506.6; 43 CFR part 

46). 

Dated: April 27, 2018. 

Lori H. Nordstrom, 

Assistant Regional Director, Ecological 

Services, Midwest Region. 

[FR Doc. 2018–19188 Filed 9–4–18; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[18X.LLID957000.Ll4400000.BJ0000.241A.X.

4500104880] 

Filing of Plats of Survey: Idaho 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The plats of survey of the 

following described lands are scheduled 

to be officially filed in the Bureau of 

Land Management, Idaho State Office, 

Boise, Idaho, 30 days from the date of 

this publication. 

Boise Meridian 

Idaho 

T. 6 S, R. 33 E, 

Section 26, accepted August 29, 2018. 

T. 36 N, R. 4 W, 

Section 26, accepted August 29, 2018. 

T. 13 N, R. 42 E, 

Sections 7, 8 and 9, accepted August 29, 

2018. 

ADDRESSES: A copy of the plats may be 

obtained from the Public Room at the 

Bureau of Land Management, Idaho 

State Office, 1387 S Vinnell Way, Boise, 

Idaho 83709, upon required payment. 


daltland on DSKBBV9HB2PROD with NOTICES