[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65548-65549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de09-80]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-N255; 81420-1113-0000-F3]
Proposed Pacific Gas and Electric Safe Harbor Agreement for
Interior Dune Species Located in Antioch Dunes in Contra Costa County,
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 Pacific Gas and Electric
(Applicant) has applied to the U.S. Fish and Wildlife Service (Service)
for an Enhancement of Survival permit under 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 Lange's metalmark butterfly (Apodemia
mormo langei), Antioch Dunes evening primrose (Oenothera deltoids ssp.
howellii), and the Contra Costa wallflower (Erysimum capitatum var.
angustatum) (collectively referred to as the Covered Species). The
Agreement is available for public comment.
DATES: To ensure consideration, please send your written comments by
January 11, 2010.
ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, California 95825, or via 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.
The Agreement would cover two 6-acre parcels (Enrolled Property)
that are located along the south shore of the San Joaquin River in
Contra Costa County, California, in an area that was once part of an
expanse of riverine sand dunes. The two parcels are located adjacent
to, and on either side of, the 14-acre Sardis Unit of the Antioch Dunes
National Wildlife Refuge (``Refuge''). Two transmission towers are
located on the Enrolled Property--one 115 kV tower on the west parcel
and one 230 kV tower on the east parcel. The Applicant relies on
graveled and dirt access roads to reach all of its facilities on the
Enrolled Property. Each tower has an established work area that is
utilized for maintenance and operation activities.
The purpose of this Agreement is for the Service and the Applicant
to collaborate and implement conservation measures for the Covered
Species. This will be accomplished by restoring and maintaining
suitable habitat within the Enrolled Property within the Antioch Dunes
system. Restoration actions will primarily involve controlling invasive
plant species. Such eradication techniques employed by the Applicant
may involve the use of herbicides to be applied around host plants for
the Lange's metalmark butterfly, as well as Antioch Dunes evening
primrose and Contra Costa wallflower. The Service will provide the
Applicant with a list of chemicals that are safe to use around host
plants and that are not harmful to Lange's metalmark butterflies. Other
weed eradication techniques may
[[Page 65549]]
include manual removal. Once nonnative plants are removed by the
Applicant, the Service will be responsible for restoration of
endangered and native plants to the Enrolled Parcels. The Service will
enhance areas located away from the transmission towers by planting or
seeding appropriate native plants, including Contra Costa wallflower,
Antioch Dunes evening primrose, and host plants for the Lange's
metalmark butterfly. Other natives may be planted or seeded into the
sites as well. The majority of native plant restoration activities will
occur in areas away from the two transmission towers such that when it
is necessary for the Applicant to conduct maintenance on the towers,
the overall damage to the habitat and probable take of endangered
species will be minimized.
The Service expects that the proposed restoration activities will
result in an increase in host plants for the Lange's metalmark
butterfly throughout the Enrolled Property thus resulting in a net
conservation benefit for this species. Additionally, the restoration
activities will decrease threats to the Contra Costa wallflower and the
Antioch Dunes evening primrose by reducing the amount of invasive,
nonnative plants that outcompete the federally endangered plants.
The proposed duration of the Enhancement of Survival permit would
be for 5 years, and 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 maintenance and operation of the two
transmission towers; and the potential future return of the Enrolled
Property to baseline conditions. The Agreement also contains a
monitoring component that will provide information on the success of
weed eradication and will also assist the Refuge in early detection of
new invasive plant 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 the Applicant 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 our 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).
Dated: December 3, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-29434 Filed 12-9-09; 8:45 am]
BILLING CODE 4310-55-P