[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Notices]
[Pages 5568-5569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3145]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Draft Environmental Assessment and Receipt of
an Application for an Incidental Take Permit of the Atlantic Coast
Piping Plover in Massachusetts
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The Massachusetts Division of Fisheries and Wildlife has
applied to the U.S. Fish and Wildlife Service (Service) for an
incidental take permit pursuant to Section 10(a) of the Endangered
Species Act (Act). The requested permit, which is for a period of two
years, would authorize the incidental take of the threatened piping
plover (Charadrius melodus) in Massachusetts. The proposed take would
occur as a result of specific actions relating to the management of
recreational use of beaches where breeding piping plovers are found.
The Service has prepared a draft environmental assessment (EA) for
the incidental take application. This notice is provided pursuant to
Section 10(c) of the Act and National Environmental Policy Act
regulations (40 CFR 1506.6).
DATES: Written comments on the application and EA should be received on
or before March 14, 1996.
ADDRESSES: Written comments regarding the application and requests for
copies of the draft EA and the conservation plan should be addressed to
Field Supervisor, New England Field Office, 22 Bridge St., Unit 1,
Concord, New Hampshire 03301-4986, telephone (603) 225-1411. Comments
regarding the conservation plan will be forwarded to the Massachusetts
Division of Fisheries and Wildlife for review and response.
FOR FURTHER INFORMATION CONTACT:
Susanna L. von Oettingen at the above address.
SUPPLEMENTARY INFORMATION: The Atlantic Coast piping plover was listed
as a threatened species on January 10, 1986. Because of its listing as
threatened, the piping plover is protected by the Act's prohibitions
against ``take''. However, the Service may issue permits to carry out
otherwise prohibited activities involving endangered and threatened
wildlife
[[Page 5569]]
under certain circumstances. Regulations governing permits are at 50
CFR 17.22, 17.23 and 17.32. For threatened species, such permits are
available for scientific purposes, incidental take, or special purposes
consistent with the purposes of the Act.
The Massachusetts Division of Fisheries and Wildlife (Division) has
applied to the Service for an incidental take permit pursuant to
Section 10(a) of the Act. This permit would authorize the incidental
take of piping plovers through otherwise lawful activities occurring on
plover breeding beaches. 0.Included in the application is a
conservation plan prepared by the Division detailing the activities
that would result in incidental take and describing measures that
mitigate, minimize and monitor the amount of take.
The draft revised recovery plan for the Atlantic Coast piping
plover (U.S. Fish and Wildlife Service. 1995. Piping Plover (Charadrius
melodus), Atlantic Coast Population, Revised Recovery Plan. Technical/
Agency Draft. Hadley, MA. 238pp) identified New England (which includes
Massachusetts) as a recovery unit. Guidelines in the draft recovery
plan state that permits for incidental take that will reduce the
productivity of breeding piping plovers should only be allowed in
recovery units where the subpopulation has achieved at least 70% of its
portion of the recovery goal. As of 1995, the piping plover population
in the New England recovery unit had reached 89% of the recovery goal
(555 pairs) specified in the draft recovery plan. Furthermore, under an
intensive management program, the Massachusetts piping plover
population has increased more than three-fold over the last eight
years, from 126 pairs in 1987 to 445 pairs in 1995.
The purpose of the proposed incidental take permit is to provide
increased flexibility in managing Massachusetts beaches for use by
recreationists and homeowners, while assuring continued progress toward
the recovery of the Massachusetts and Atlantic Coast populations of the
piping plover. The additional flexibility in managing beaches will
prevent a disproportionate expenditure of resources directed at the
protection of a few nests or broods in areas where they may
significantly disrupt beach access by large numbers of people and be
highly vulnerable to disturbance and/or mortality. Management
flexibility also will create incentives for the continued participation
by beach management agencies and organizations involved in protecting
piping plovers.
The proposed action establishes strict eligibility criteria for
landowners seeking to participate in permitted activities, and requires
that these landowners make additional plover protection commitments,
including the use of predator exclosures, prohibition of dogs, and
plover monitoring and reporting. The proposed permit would be effective
during the 1996 and 1997 plover breeding seasons. Authorized take would
only affect piping plovers; take of other federally-listed species is
specifically excluded from the proposed action.
Incidental take likely to occur on eligible sites may result from
several management options outlined in the conservation plan.
Landowners that choose to undertake such actions may apply to be
included under the Division's proposed permit that will authorize the
incidental take. Proposed authorized activities are (1) reduction of
symbolically-fenced buffer areas around plover nests, applicable to one
plover nest per site per year; (2) limited use of escorted off-road
vehicle caravans or beach taxis for recreational access during periods
when unfledged chicks are present on the beach; (3) use of essential
vehicles during daylight hours without shorebird monitor escorts; (4)
limited use of vehicles for homeowner access after dark through areas
with unfledged chicks; and (5) moving eggs from heavily-used pedestrian
or vehicle access points.
Take of piping plovers primarily will occur either through direct
mortality of chicks, harassment of chicks or adults, or mortality of
eggs that occurs as the result of nest abandonment or inadequate
incubation or nest defense. As a result of these takings, overall
reproductive success will be reduced at individual sites, and adverse
effects may occur to immediate habitats of individual pairs or broods.
However, the level of incidental take likely to occur will not reduce
productivity enough to substantially slow progress toward recovery.
Take that occurs as a result of a permit issued to the Division will
not include mortality of adults, nor will actions undertaken within the
scope of such a permit permanently degrade otherwise suitable habitat.
The Division has proposed to minimize and monitor the level of
incidental take through a number of measures. Continued population
growth over the duration of the permit should be ensured by
conditioning the authorization of incidental take on maintaining
average productivity of 1.5 chicks fledged per pair for the entire
state, individual Management Units and individual sites. The
conservation plan encompasses a sufficiently large geographic area that
should some sites experience adverse effects from environmental or
demographic stochasticity, unsuccessful management, or larger
incidental take than predicted, those set-backs may be balanced by more
favorable conditions or results of management elsewhere in the planning
unit. Finally, the proposed permit duration of 2 years will allow for a
relatively rapid evaluation of the conservation plan in light of
management results and changes in the overall status of the
Massachusetts and New England plover populations that may occur in 1996
and 1997.
Alternatives presented by the Division in the conservation plan are
limited to the proposed action and the no-action alternative
(continuation of current management recommendations without increased
flexibility for limited take). In the draft EA, the Service considers
four additional alternatives limitation of authorized take to
pedestrian activities, limitation of authorized take to motorized
activities, issuance of the permit for a duration of one year, and
issuance of the permit for a duration of five years.
(Notice: Availability of a draft environmental assessment and
receipt of an application for an incidental take permit of the
Atlantic Coast piping plover in Massachusetts)
Dated: February 2, 1996.
Cathy Short,
Acting Regional Director, Region 5.
[FR Doc. 96-3145 Filed 2-12-96; 8:45 am]
BILLING CODE 4310-55-M
