[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25764-25765]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my08-104]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low-Effect Safe Harbor Agreement for the Southwestern
Willow Flycatcher for Landowners Restoring, Enhancing, or Managing
Riparian Habitats in Washington, Iron, Garfield, Kane, Emery, Grand,
Wayne, and San Juan Counties, Utah
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
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SUMMARY: This notice advises the public that the Color Country Resource
Conservation and Development Council, Inc. (Applicant) has applied to
the U.S. Fish and Wildlife Service (Service) for an enhancement of
survival permit (permit) for the Southwestern willow flycatcher
(flycatcher) pursuant to section 10(a)(1)(A) of the Endangered Species
Act of 1973, as amended (Act). This permit application includes a
Programmatic Safe Harbor Agreement (Agreement) between the Applicant
and the Service. The Service requests information, views, and opinions
from the public via this notice. Further, the Service is soliciting
information regarding the adequacy of the Programmatic Agreement as
measured against the Service's Safe Harbor Policy and the regulations
that implement it.
DATES: Written comments on the permit application must be received on
or before June 6, 2008.
ADDRESSES: Comments should be addressed to Laura Romin, U.S. Fish and
Wildlife Service, 2369 West Orton Circle, Suite 50, West Valley City,
Utah 84119. Written comments may be sent by facsimile to (801) 975-
3331.
FOR FURTHER INFORMATION CONTACT: Laura Romin, Utah Field Office
Assistant Field Supervisor (see ADDRESSES), telephone (801) 975-3330.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the documents for review by contacting the
individual named above. You also may make an appointment to view the
documents at the above address during normal business hours.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, 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.
Background
Under a Safe Harbor Agreement, participating landowners voluntarily
undertake management activities on their property to enhance, restore,
or maintain habitat benefiting species listed under the Act. Safe
Harbor Agreements, and the subsequent permits that are issued pursuant
to section 10(a)(1)(A) of the Act (16 U.S.C. 1531 et seq.), encourage
private and other non-Federal property owners to implement conservation
efforts for listed species by assuring property owners that they will
not be subjected to increased land use restrictions as a result of
efforts to attract or increase the numbers or distribution of a listed
species on their property. Application requirements and issuance
criteria for permits through Safe Harbor Agreements are found in 50 CFR
17.22(c).
We have worked with the Applicant to develop this proposed
Programmatic Agreement for the conservation of the flycatcher in
Washington, Iron, Garfield, Kane, Emery, Garfield, Wayne, and San Juan
Counties, Utah. Within the 25,661,861 hectares (63,411,840 acres) of
land within the above-named counties, landowners will be able to enroll
non-Federal properties on which habitat for flycatcher will be
restored, enhanced, and managed pursuant to a written agreement between
the Applicant and a property owner. We have made a preliminary
determination that the Agreement qualifies as a low-effect plan.
This Agreement provides for the creation of a Program in which
private landowners (Program Participants) enter into written
cooperative agreements with the Applicant pursuant to the terms of the
Agreement, to restore, enhance, and maintain riparian habitat in ways
beneficial to the flycatcher. Such cooperative agreements will be for a
term of at least 15 years. The proposed duration of the Agreement and
permit is 50 years. The Agreement fully describes the proposed
management activities to be undertaken by Program Participants and the
conservation benefits expected to be gained for the flycatcher.
Upon approval of this Agreement, and consistent with the Service's
Safe Harbor Policy published in the Federal Register on June 17, 1999
(64 FR 32717), the Service would issue a permit to the applicant
authorizing take of flycatcher by Program Participants incidental to
the implementation of the management
[[Page 25765]]
activities specified in the cooperative agreements, incidental to other
lawful uses of the properties, including normal routine land management
activities, and/or to return to pre-Agreement conditions. To benefit
the flycatcher, Program Participants will agree to undertake site-
specific management activities, which will be specified in their
written cooperative agreements.
Management activities that could be included in the Cooperative
Agreements will provide for the restoration, enhancement and management
of native riparian habitats in the range of the flycatcher in Utah. The
object of such activities is to enhance populations of flycatchers by
increasing the amount and quality of suitable habitat on the enrolled
properties. Take of flycatchers incidental to the aforementioned
activities is unlikely; however, it is possible that in the course of
such activities or other lawful activities on the enrolled property, a
Program Participant could incidentally take flycatcher thereby
necessitating take authority under the permit.
Pre-Agreement conditions (baseline), consisting of survey for
flycatchers and documentation on the extent of habitat shall be
determined for each enrolled property as provided in the Agreement. In
order to receive the above assurances regarding incidental take of
flycatchers, a Program Participant must maintain baseline on the
enrolled property. The Agreement and requested permit would allow each
Program Participant to return to baseline conditions after the end of
the term of the cooperative agreement (minimum of 15 years) and prior
to the expiration of the 50-year permit, if so desired by the
Applicants.
Public Review and Comments
The Service has made a preliminary determination that the proposed
Agreement and permit application are eligible for categorical exclusion
under the National Environmental Policy Act of 1969 (NEPA). We explain
the basis for this determination in an Environmental Action Statement,
which also is available for public review.
Individuals wishing copies of the permit application, copies of our
draft Environmental Action Statement, and/or copies of the Agreement,
including a map of the proposed permit area and references, should
contact the office and personnel listed in the ADDRESSES section above.
If you wish to comment on the permit application or the Agreement,
you may submit your comments to the address listed in the ADDRESSES
section of this document. Comments and materials received, including
names and addresses of respondents, will be available for public
review, by appointment, during normal business hours at the address in
the ADDRESSES section above and will become part of the public record,
pursuant to section 10(c) of the Act. Individual respondents may
request that we withhold their home address from the record, which we
will honor to the extent allowable by law. There also may be
circumstances in which we would withhold from the record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. Anonymous comments will not be considered. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, are available for public inspection in their entirety.
We will evaluate this permit application, associated documents, and
comments submitted thereon to determine whether the permit application
meets the requirements of section 10(a) of the Act and NEPA regulations
at 40 CFR 1506.6. If we determine that the requirements are met, we
will sign the proposed Agreement and issue a permit under section
10(a)(1)(A) of the Act to the Applicants for take of the flycatcher
incidental to otherwise lawful activities in accordance with the terms
of the Agreement. We will not make our final decision until after the
end of the 30-day comment period and will fully consider all comments
received during the comment period.
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: March 6, 2008.
Larry Crist,
Field Supervisor, Utah Field Office, West Valley City, Utah.
[FR Doc. E8-10055 Filed 5-6-08; 8:45 am]
BILLING CODE 4310-55-P