[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Pages 533-535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28490]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2017-N161; FXES11140100000-189-FF01E00000]


Proposed Graysmarsh Safe Harbor Agreement for the Taylor's 
Checkerspot Butterfly, Clallam County, Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: Graysmarsh, LLC, hereafter referred to as the applicant, has 
applied to the U.S. Fish and Wildlife Service (Service, us) for an 
enhancement of survival permit (permit) pursuant to the Endangered 
Species Act of 1973, as amended. The permit application includes a 
draft safe harbor agreement (SHA). The permit would authorize 
incidental take of the endangered Taylor's checkerspot butterfly. We 
have prepared a draft environmental action statement (EAS) for our 
preliminary determination that the SHA and permit decision may be 
eligible for categorical exclusion under the National Environmental 
Policy Act (NEPA). We invite the public to review and comment on the 
permit application, draft SHA, and the draft EAS.

DATES: To ensure consideration, please send your written comments by 
February 5, 2018.

ADDRESSES: You may view or download copies of the draft SHA, and draft 
EAS and obtain additional information on the internet at http://www.fws.gov/wafwo/ or obtain hard copies or a CD-ROM by calling the 
phone number listed below. You may submit comments or requests for more 
information by any of the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#a0d7c6d7cfc3cfcdcdc5ced4d3e0c6d7d38ec7cfd6"><span class="__cf_email__" data-cfemail="8ef9e8f9e1ede1e3e3ebe0fafdcee8f9fda0e9e1f8">[email protected]</span></a>. Include ``Graysmarsh SHA'' in 
the subject line of the message.
    <bullet> U.S. Mail: Mark Ostwald, U.S. Fish and Wildlife Service, 
Washington Fish and Wildlife Office, 510 Desmond Drive, Southeast, 
Suite 102, Lacey, WA 98503.
    <bullet> In-Person Drop-off, Viewing, or Pickup: Call 360-753-9564 
to make an appointment (necessary for viewing/pickup only) during 
regular business

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hours at Washington Fish and Wildlife Office (address above).

FOR FURTHER INFORMATION CONTACT: Mark Ostwald, U.S. Fish and Wildlife 
Service (by mail at the address in ADDRESSES), telephone 360-753-9564. 
If you use a telecommunications device for the deaf (TDD), please call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: Graysmarsh, LLC, hereafter referred to as 
the applicant, has applied to the U.S. Fish and Wildlife Service 
(Service, us) for an enhancement of survival permit (permit) pursuant 
to section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.; ESA), as amended. The permit application includes a draft 
safe harbor agreement (SHA), which covers 1,105 acres managed by the 
applicant in Clallam County, Washington. The proposed term of the 
permit and the SHA is 50 years. The permit would authorize incidental 
take of the endangered Taylor's checkerspot butterfly (Euphydryas 
editha taylori (TCB)) in exchange for habitat conservation actions that 
are expected to provide a net conservation benefit for the species. We 
have prepared a draft environmental action statement (EAS) for our 
preliminary determination that the SHA and permit decision may be 
eligible for categorical exclusion under the National Environmental 
Policy Act (43 U.S.C. 4321 et seq.; NEPA). We invite the public to 
review and comment on the permit application, draft SHA, and the draft 
EAS.

Background

    SHAs are intended to encourage private or other non-Federal 
property owners to implement beneficial conservation actions for 
species listed under the ESA. SHA permit holders are assured that they 
will not be subject to increased property use restrictions as a result 
of their proactive actions to benefit listed species. Incidental take 
of listed species is authorized under a SHA permit pursuant to the 
provisions of section 10(a)(1)(A) of the ESA. For an applicant to 
receive a permit through an SHA, the applicant must submit an 
application form that includes the following:
    (1) The common and scientific names of the listed species for which 
the applicant requests incidental take authorization;
    (2) A description of how incidental take of the listed species 
pursuant to the SHA is likely to occur, both as a result of management 
activities and as a result of the return to baseline; and
    (3) A description of how the SHA complies with the requirements of 
the Service's Safe Harbor policy.
    For the Service to issue a permit, we must determine that:
    (1) The take of listed species will be incidental to an otherwise 
lawful activity and will be in accordance with the terms of the SHA;
    (2) The implementation of the terms of the SHA is reasonably 
expected to provide a net conservation benefit to the covered species 
by contributing to its recovery, and the SHA otherwise complies with 
the Service's Safe Harbor Policy (64 FR 32717, June 17, 1999);
    (3) The probable direct and indirect effects of any authorized take 
will not appreciably reduce the likelihood of survival and recovery in 
the wild of any listed species;
    (4) Implementation of the terms of the SHA is consistent with 
applicable Federal, state, and tribal laws and regulations;
    (5) Implementation of the terms of the SHA will not be in conflict 
with any ongoing conservation or recovery programs for listed species 
covered by the permit; and
    (6) The applicant has shown capability for and commitment to 
implementing all of the terms of the SHA.
    The Service's Safe Harbor Policy (64 FR 32717) and the Safe Harbor 
Regulations (68 FR 53320, 69 FR 24084) provide important terms and 
concepts for developing SHAs. The Service's Safe Harbor policy and 
regulations are available at the following website: http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html.

Proposed Action

    The applicant has submitted a draft SHA for the TCB that covers 
approximately 1,105 acres of land (enrolled property) in Clallam 
County, Washington. The enrolled property is primarily operated as a 
commercial lavender and berry farm (``u-pick farm''), and a private 
recreational area and homestead. There are also some non-agricultural 
areas of mowed grasslands, marsh, and forest.
    The applicant worked closely with the Service to establish the 
baseline and develop the SHA. Habitat surveys for the TCB have shown 
there are 40.5 acres of TCB baseline habitat within the enrolled 
property. The baseline habitat contains three habitat types: Upland 
grass and forb occupied by the covered species (15.3 acres), and a 
buffer consisting of emergent marsh/wetland (18.7 acres) and beach 
upland (6.5 acres). For specific details about baseline conditions, see 
the draft SHA.
    Within the 40.5 acres, the applicant will perform habitat 
management activities for the benefit of the TCB. Within the area 
occupied by the TCB, the applicant will maintain and potentially 
enhance habitat. This will include annual hand removal of Scotch broom 
(Cytisus scoparius) until it is considered eradicated. Additional non-
desirable vegetation may also be removed if necessary. Plantings of 
certain vegetation to benefit the TCB may also occur. The applicant 
will maintain fencing and signage to impede illegal public trespass 
onto baseline habitat.
    The applicant will conduct annual surveys of the TCB during its 
flight period and also monitor the status of baseline habitat relative 
to the metrics described in the SHA. Additional monitoring will also 
include observations regarding public access, describing any research 
and data collection, and any emerging issues that could influence the 
success of the SHA. The applicant will monitor and report in years 1, 
3, and 5 of the SHA, and every 3 years thereafter (except for adult TCB 
surveys, which will be conducted annually).
    These activities will require the applicant to enter habitat 
occupied by the TCB as needed over the course of the year, but mainly 
during the spring flight season for the TCB. Depending on the timing, 
these activities could result in take of TCB larva and possibly adult 
butterflies, mainly as a result of inadvertent trampling. Continued 
removal of Scotch broom and other invasive plant species and the 
planting of target host plants could result in temporary disturbance of 
TCB habitat and also result in take if TCB is present in the affected 
areas. The timing and extent of these activities will occur in a manner 
to minimize incidental take. There is also a low potential for take of 
TCB to occur within other areas of the property as a result of 
interactions between agricultural activities and adult butterflies. 
Examples of the potential for incidental take include inadvertent harm 
during routine agricultural operations, mainly associated with annual 
seeding (plowing and disking) of barley, mowing lawns, moving and 
replacing irrigation lines, and managing and harvesting berries.

National Environmental Policy Act Compliance

    The development of the draft SHA and the proposed issuance of an 
enhancement of survival permit is a Federal action that triggers the 
need for compliance with the NEPA (42 U.S.C. 4321 et seq.). We have 
prepared a draft

[[Page 535]]

EAS to analyze the impacts of permit issuance and implementation of the 
SHA on the human environment in comparison to the no-action 
alternative. We have made a preliminary determination that issuing the 
permit and implementing the SHA would have minor or negligible impacts 
to the environment, and thus the proposed SHA and permit actions are 
eligible for categorical exclusion under NEPA. The basis for our 
preliminary determination is contained in the EAS, which is available 
for public review (see ADDRESSES).

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. We request data, new information, or 
comments from the public, other concerned governmental agencies, 
Tribes, the scientific community, industry, or any other interested 
party via this notice on our proposed Federal action.

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 comments received from 
organizations, businesses, or individuals representing organizations or 
businesses are available for public inspection in their entirety. 
Comments and materials we receive will be available for public 
inspection by appointment, during normal business hours, at our office 
(see ADDRESSES).

Next Step

    The Service will evaluate the permit application, draft SHA, and 
public comments submitted thereon to determine whether the permit 
application meets the requirements of section 10(a)(1)(A) of the ESA 
and NEPA regulations. The final NEPA and permit determinations will not 
be completed until after the end of the 30-day comment period and full 
consideration of all comments received during the comment period. If we 
determine that all requirements are met, we will issue the applicant an 
enhancement of survival permit under section 10(a)(1)(A) of the ESA.

Authority

    We provide this notice pursuant to section 10(c) of the ESA (16 
U.S.C. 1531 et seq.), its implementing regulations (50 CFR 17.22), and 
NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6).

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2017-28490 Filed 1-3-18; 8:45 am]
 BILLING CODE 4333-15-P


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