[Federal Register Volume 89, Number 210 (Wednesday, October 30, 2024)]
[Notices]
[Pages 86355-86356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25179]



[[Page 86355]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2024-0159; ES11140100000-245-FF01E0000]


Receipt of Enhancement of Survival Permit Application and 
Proposed Conservation Benefit Agreement for Introduction of the 
Endangered Orangeblack Hawaiian Damselfly to a Conservation Area on the 
Island of L[amacr]na[revaps]i; 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 P[umacr]lama L[amacr]na[revaps]i for an 
enhancement of survival permit (permit) pursuant to the Endangered 
Species Act. If approved, the permit would authorize take of the 
orangeblack Hawaiian damselfly, ae[revaps]o (Hawaiian stilt), 
[revaps]alae ke[revaps]oke[revaps]o (Hawaiian coot) and assimulans 
yellow-faced bee (the ``covered species''). The application includes a 
draft conservation benefit agreement, describing the actions the 
applicant will take to create new habitat for the covered species, 
facilitate reintroduction of the orangeblack Hawaiian damselfly to 
L[amacr]na[revaps]i, and achieve a net conservation benefit for each of 
the covered species. We have also prepared a draft environmental action 
statement for 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, Native Hawaiian, and Federal agencies to comment on these 
documents.

DATES: Submit written comments no later than November 29, 2024.

ADDRESSES: 
    Obtaining documents: The application, application supporting 
materials, and any comments and other materials that we receive will be 
available for public inspection at https://www.regulations.gov in 
Docket No. FWS-R1-ES-2024-0159.
    Submitting comments: To submit written comments, please use one of 
the following methods:
    <bullet> Online: https://www.regulations.gov. Search for and submit 
comments on Docket No. FWS-R1-ES-2024-0159.
    <bullet> U.S. Mail: Attn: Docket No. FWS-R1-ES-2024-0159; U.S. Fish 
and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike, 
Falls Church, VA 22041-3803.
    For more information, see Public Availability of Comments under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Chelsie Javar-Salas, via telephone at 
808-210-6131, or via email at Chelsie <a href="/cdn-cgi/l/email-protection#bbf1dacddac996e8dad7dac8fbddccc895dcd4cd"><span class="__cf_email__" data-cfemail="d59fb4a3b4a7f886b4b9b4a695b3a2a6fbb2baa3">[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 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.). The applicant is 
L[amacr]na[revaps]i Resorts, LLC, dba P[umacr]lama L[amacr]na[revaps]i 
on the island of L[amacr]na[revaps]i, Hawai[revaps]i. If issued, the 
permit would authorize take of the orangeblack Hawaiian damselfly 
(Megalagrion xanthomelas), ae[revaps]o (Hawaiian stilt, Himantopus 
mexicanus knudseni), [revaps]alae ke[revaps]oke[revaps]o (Hawaiian 
coot, Fulica americana alai) and assimulans yellow-faced bee (Hylaeus 
assimulans), all federally listed as endangered. The take would be 
caused by implementation of conservation measures to create and 
maintain new habitat and facilitate reestablishment of a self-
sustaining orangeblack Hawaiian damselfly population on 
L[amacr]na[revaps]i. The reestablishment of the orangeblack Hawaiian 
damselfly on L[amacr]na[revaps]i would contribute to the species' 
recovery by increasing the number of extant populations, their 
distribution, and resiliency of the species to stochastic events. 
Conservation measures include constructing a water source, creating 
orangeblack Hawaiian damselfly habitat, and implementing stewardship of 
a 3-acre (1.2-hectare) area on degraded land. The created habitat would 
also benefit the ae[revaps]o, [revaps]alae ke[revaps]oke[revaps]o, and 
assimulans yellow-faced bee. The conservation measures described in the 
conservation benefit agreement (CBA) are intended to provide a net 
conservation benefit to each 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 section 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 combining two previous agreement 
types, safe harbor agreements and candidate conservation agreements 
with assurances, into one agreement type, known as a conservation 
benefit agreement (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 issued to participating 
property owners 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.
    A CBA and an associated permit allow the property owner to alter or 
modify the enrolled property back to agreed-upon pre-permit baseline 
conditions at the end of the term of the permit, even if such 
alteration or modification results in take of a listed species. The 
baseline conditions must reflect the known biological and habitat 
characteristics that support existing levels of use of the enrolled 
property by the species covered in the CBA. 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. Enrolled property owners 
may make lawful use of the enrolled property during the term of the 
permit and may take the listed species named on the permit in 
accordance with the terms and conditions of the permit.
    Permit application requirements and issuance criteria for 
enhancement of survival permits for CBAs that involve species listed as 
threatened are found at 50 CFR 17.32(c); permit application 
requirements and issuance criteria for enhancement of survival permits 
for

[[Page 86356]]

CBAs that involve species listed as endangered are found at 50 CFR 
17.22(c).

Proposed Project

    L[amacr]na[revaps]i Resorts, LLC, dba P[umacr]lama 
L[amacr]na[revaps]i has submitted an application for an ESA section 
10(a)(l)(A) permit. The permit application includes a CBA that would be 
implemented on enrolled property if a permit is issued. The primary 
conservation measures provided in the CBA include:
    <bullet> Creating new habitat for the covered species where none 
currently exists.
    <bullet> Protecting the new breeding habitat for orangeblack 
Hawaiian damselflies by building and maintaining ungulate exclusion 
fencing.
    <bullet> Managing the new aquatic habitat for orangeblack Hawaiian 
damselfly to be free of predatory fish.
    <bullet> Reintroducing a new population of orangeblack Hawaiian 
damselflies.
    <bullet> Establishing predator-controlled habitat within the fenced 
area containing surface water for Hawaiian coot and Hawaiian stilt.
    <bullet> Establishing forage, cover, and potential nesting 
resources for assimulans yellow-faced bees.
    Net Conservation Benefits from the conservation measures include:
    <bullet> Increasing the range of each covered species, thereby 
helping to protect against catastrophic loss of the species.
    <bullet> Reintroducing a new population of orangeblack Hawaiian 
damselflies.
    <bullet> Preventing ecological damage to the created habitat from 
ungulates and invasive plant species.
    Additional benefits include:
    <bullet> Increasing collaborative recovery efforts between the 
Service, the Hawaii Department of Land and Natural Resources, and 
P[umacr]lama L[amacr]na[revaps]i.
    <bullet> Increasing opportunity for environmental education and 
conservation public outreach.

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.

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 of the ESA by 
conducting an intra-Service consultation under section 7(a)(2) of the 
ESA 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 17.32), and the National Environmental Policy Act (42 U.S.C. 4321 
et seq.) and its implementing regulations (40 CFR 1501.9).

Bridget Fahey,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2024-25179 Filed 10-29-24; 8:45 am]
BILLING CODE 4333-15-P


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