Proposed Multi-Bat Species General Conservation Plan for Routine Development Projects in New York, Pennsylvania, and West Virginia; Draft Environmental Assessment

SUPPLEMENTARY INFORMATION:

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a proposed general conservation plan (GCP), as well as an associated draft environmental assessment (EA), for routine development projects in New York, Pennsylvania, and West Virginia that may impact Indiana bat ( Myotis sodalis), northern long-eared bat ( Myotis septentrionalis), and/or tricolored bat ( Perimyotis subflavus). We invite comments from the public and local, State, Tribal, and Federal agencies.

We developed and now make available the GCP to provide a streamlined mechanism to assist future individual applicants engaged in certain otherwise lawful routine development projects to meet statutory and regulatory requirements of a habitat conservation plan for issuance of an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), while promoting conservation of the Indiana bat ( Myotis sodalis), the northern long-eared bat ( Myotis septentrionalis), and the tricolored bat ( Perimyotis subflavus). The GCP includes measures to minimize and mitigate impacts to the covered species. Permits issued under the GCP would authorize incidental take of the covered species for up to 15 years after the GCP becomes effective. We developed the GCP in accordance with section 10(a)(2)(A) of the ESA (16 U.S.C. 1531 et seq.).

We prepared the draft EA in accordance with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) to evaluate the potential effects to the natural and human environment resulting from issuing permits under the GCP.

Background

Section 9 of the ESA and its implementing regulations prohibit the “take” of animal species listed as endangered or threatened. Take is defined under the ESA as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct” (16 U.S.C. 1532). However, under section 10(a)(1)(B) of the ESA, we may issue permits to authorize take of listed species that is incidental to, and not the purpose of, carrying out an otherwise lawful activity ( i.e., “incidental taking” (50 CFR 17.3)). Regulations governing permits for the incidental taking of endangered and threatened species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.

Proposed Action

The proposed action is approval of the GCP that has been prepared by the Service in accordance with section 10(a)(2)(A) of the ESA to provide a more efficient and standardized mechanism for proponents engaged in certain otherwise lawful routine development projects on non-Federal lands. The proposed GCP describes the routine development activities for which the plan establishes associated conservation measures an applicant would agree to undertake first to avoid and then to minimize and mitigate for the impacts of the incidental take of the listed (and proposed) bat species to the maximum extent practicable, and to ensure that incidental take will not appreciably reduce the likelihood of the survival and recovery of these species in the wild. The GCP would allow private individuals, local and State agencies, and other non-Federal entities to meet the statutory and regulatory requirements of the ESA by applying for a permit and complying with the requirements of the GCP, including all applicable avoidance, minimization, and mitigation actions. We propose that applications for projects falling within the GCP and which adopt all applicable plan requirements would meet the permit issuance criteria as required by section 10(a)(2)(B) of the ESA, thereby enabling the establishment of a programmatic permitting and conservation process to address a defined suite of project types impacting defined listed species within a defined planning area. The GCP would be available for adoption and use by eligible applicants for a period of 10 years. Individual permits issued through the streamlined GCP process may be authorized for a term of up to 5 years. Therefore, permittees would have up to 5 years to complete their projects, even if the permit is issued in the final year ( i.e., year 10) of the GCP. If a project proponent is unable to complete their covered activities during the duration of their permit, they can request a permit renewal (for up to 5 additional years) from the Service.

Covered Species

The proposed GCP would cover the bat species in table 1.