[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44378-44379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-69]
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DEPARTMENT OF INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2008-N0341; 81420-1113-0000-F3]
Proposed Programmatic Safe Harbor Agreement for the California
Rangeland Conservation Coalition in Butte, Glenn, Shasta, and Tehama
Counties, CA
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 California Cattlemen's
Association (Applicant) has applied to the U.S. Fish and Wildlife
Service (Service) for an Enhancement of Survival permit pursuant to
section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended
(Act). The permit application includes a proposed Safe Harbor Agreement
(Agreement) between the Applicant and the Service for the federally-
endangered vernal pool tadpole shrimp (Lepidurus packardi), the
threatened vernal pool fairy shrimp (Branchinecta lynchi), the
endangered Conservancy fairy shrimp (Branchinecta conservatio), the
threatened valley elderberry longhorn beetle (Desmocerus californicus
dimorphus), the threatened giant garter snake (Thamnophis gigas), the
threatened California red-legged frog (Rana aurora draytonii), the
threatened Hoover's spurge (Chamaesyce hooveri), the endangered Butte
County meadowfoam (Limnanthes floccosa ssp. californica), the
endangered hairy Orcutt grass (Orcuttia pilosa), the threatened slender
Orcutt grass (Orcuttia tenuis), and the endangered Greene's tuctoria
(Tuctoria greenei) (collectively referred to as the Covered Species).
The Agreement is available for public comment.
DATES: Written comments should be received on or before September 28,
2009.
ADDRESSES: Comments should be addressed to Mr. Rick Kuyper, U.S. Fish
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, California 95825. Written comments may also be
sent by facsimile to (916) 414-6713.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and
Wildlife Office (see ADDRESSES); telephone: (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the document for review by contacting the
individual named above. You may also make an appointment to view the
document at the above address during normal business hours.
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 (16 U.S.C.
1531 et seq.). Safe Harbor Agreements, and the subsequent enhancement
of survival permits that are issued pursuant to section 10(a)(1)(A) of
the Act, 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 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. Application requirements and
issuance criteria for enhancement of survival permits through Safe
Harbor Agreements are found in 50 CFR 17.22(c) and 17.32(c). These
permits allow any necessary future incidental take of covered species
above the mutually agreed upon baseline conditions for those species in
accordance with the terms and conditions of the permits and
accompanying agreements.
This Agreement was developed by members of the California Rangeland
Conservation Coalition (CRCC), including the Applicant, the Service,
the California Department of Fish and Game, the Natural Resources
Conservation Service, the California Farm Bureau Federation,
Environmental Defense Fund, Defenders of Wildlife, and Sustainable
Conservation. In addition, the CRCC met with recognized species experts
and private cattle ranchers in development of the Agreement. The
Agreement is expected to promote the recovery of the Covered Species on
non-Federal properties within Butte, Glenn, Tehama, and Shasta
Counties. The proposed duration of the Agreement and the associated
Enhancement of Survival permit are 50 years.
The Agreement was also prepared in conjunction with the California
Department of Fish and Game's Voluntary Local Program, which is roughly
equivalent to the Federal Safe Harbor Program. The California
Department of Fish and Game will cover a variety of State-listed
species through this joint-Agreement.
The proposed Enhancement of Survival permit would authorize the
incidental taking of the Covered Species associated with: the
restoration, enhancement, and maintenance of suitable habitat for the
Covered Species; routine activities associated with rangeland and some
agricultural lands management; and the potential future return of any
property included in the Agreement to baseline conditions. Under this
Agreement, individual landowners (Cooperators) may include their
properties by entering into a Cooperative Agreement with the Applicant.
Each Cooperative Agreement will specify the restoration and/or
enhancement, and management activities to be carried out on that
specific property and a timetable for implementing those activities.
All Cooperative Agreements will be reviewed by the Service to determine
whether the proposed activities will result in a net conservation
benefit for the Covered Species and meet all required standards of the
Safe Harbor Policy (64 FR 32717). Upon Service approval, the Applicant
will issue a Certificate of Inclusion to the Cooperator. Each
Certificate of Inclusion will extend the incidental take coverage
conferred by the Enhancement of Survival permit to the Cooperator.
Certificates of Inclusion will be valid for a period of 10 years and
are renewable during the 50-year term of the Enhancement of Survival
permit. Specific determinations for which species will be covered under
each Cooperative Agreement will be determined by the Service on a case
by case basis and will depend on the type of habitat present and the
restoration and/or enhancement activities that will be implemented by
the Cooperator.
[[Page 44379]]
Baseline levels for the Covered Species will be determined by
completing the Baseline Habitat Worksheet (Attachment 4 of the
Agreement), which will be completed by a person approved by the
Service. The Service will review each baseline determination prior to
the Applicant issuing a Certificate of Inclusion to the Cooperator. The
Agreement also contains a monitoring component that requires the
Applicant to ensure that the Cooperators are in compliance with the
terms and conditions of the Agreement and maintaining baseline levels
of habitat for the Covered Species. Results of these monitoring efforts
will be provided to the Service by the Applicant in an annual report.
Upon approval of this Agreement, and consistent with the Service's
Safe Harbor Policy (64 FR 32717), the Service would issue an
Enhancement of Survival permit to the Applicant. This permit will
authorize Cooperators issued a Certificate of Inclusion to take the
Covered Species incidental to the implementation of the management
activities specified in the Agreement, incidental to other lawful uses
of the property including normal, routine land management activities,
and incidental to return to baseline conditions if desired. Although
take of listed plant species is not prohibited under the Act, and
therefore cannot be authorized under an enhancement of survival permit,
plant species may be included on a permit in recognition of the net
conservation benefit provided to them under a safe harbor agreement. An
applicant would receive assurances under our ``No Surprises''
regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for all species
included in the Enhancement of Survival permit. In addition to meeting
other criteria, actions to be performed under an Enhancement of
Survival permit must not jeopardize the existence of federally listed
fish, wildlife, or plants.
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
that is also available for public review.
Individuals wishing copies of the Environmental Action Statement,
and/or copies of the full text of the Agreement, including a map of the
proposed permit area, should contact the office and personnel listed in
the ADDRESSES section above.
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.
The Service 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. If the Service determines that the requirements
are met, we will sign the proposed Agreement and issue an enhancement
of survival permit under section 10(a)(1)(A) of the Act to the
Applicant for take of the Covered Species incidental to otherwise
lawful activities in accordance with the terms of the Agreement. The
Service 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).
August 21, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-20747 Filed 8-27-09; 8:45 am]
BILLING CODE 4310-55-P