[Federal Register: December 21, 2009 (Volume 74, Number 243)]
[Notices]
[Page 67897-67899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de09-63]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-XXXXX; 81420-1113-0000-F3]
Proposed Programmatic Safe Harbor Agreement for the Sacramento
River Conservation Area Forum in Shasta, Tehama, Butte, Glenn, Colusa,
Yolo, and Sutter 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 Sacramento River
Conservation Area Forum (Applicant) has applied to
[[Page 67898]]
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
threatened valley elderberry longhorn beetle (Desmocerus californicus
dimorphus) and the Federally threatened giant garter snake (Thamnophis
gigas) (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 20, 2010.
ADDRESSES: Send comments to Ms. Kathy Brown, 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: Ms. Kathy Brown, 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 the Service and the Applicant. The
Sacramento River Conservation Area Forum is a non-profit organization
that evolved from 1986 State of California legislation (SB1086). The
legislation called for a management plan to protect, restore and
enhance the fisheries and riparian habitat along the Sacramento River
from Keswick Dam down river to Verona, California. This effort is
cooperative in nature and works to ensure that habitat restoration and
management addresses not only the dynamics of riparian ecosystems, but
also the realities of local agricultural and recreational issues
associated with land use changes occurring along the Sacramento River.
The Agreement is expected to promote the recovery of the Covered
Species on non-Federal properties within the Sacramento River
Conservation Area within Shasta, Tehama, Butte, Glenn, Colusa, Yolo,
and Sutter Counties. The proposed duration of the Agreement and the
associated Enhancement of Survival permit are 30 years. 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 agricultural lands management; minor flood
risk 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 30-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.
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 take of 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 to return to baseline conditions if desired. 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.
[[Page 67899]]
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 14, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-30207 Filed 12-18-09; 8:45 am]
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