[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:
Online: https://www.regulations.gov. Search for and submit
comments on Docket No. FWS-R1-ES-2024-0159.
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 [email protected]. 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:
Creating new habitat for the covered species where none
currently exists.
Protecting the new breeding habitat for orangeblack
Hawaiian damselflies by building and maintaining ungulate exclusion
fencing.
Managing the new aquatic habitat for orangeblack Hawaiian
damselfly to be free of predatory fish.
Reintroducing a new population of orangeblack Hawaiian
damselflies.
Establishing predator-controlled habitat within the fenced
area containing surface water for Hawaiian coot and Hawaiian stilt.
Establishing forage, cover, and potential nesting
resources for assimulans yellow-faced bees.
Net Conservation Benefits from the conservation measures include:
Increasing the range of each covered species, thereby
helping to protect against catastrophic loss of the species.
Reintroducing a new population of orangeblack Hawaiian
damselflies.
Preventing ecological damage to the created habitat from
ungulates and invasive plant species.
Additional benefits include:
Increasing collaborative recovery efforts between the
Service, the Hawaii Department of Land and Natural Resources, and
P[umacr]lama L[amacr]na[revaps]i.
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]
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