[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Notices]
[Pages 40628-40629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16775]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[[FWS-R2-ES-2012-N129: FXES11130200000F5-123-FF02ENEH00]
Draft Safe Harbor Agreement and Application for an Enhancement of
Survival Permit for the Tres Rios Project
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
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SUMMARY: The City of Phoenix (Applicant) has applied to the U.S. Fish
and Wildlife Service (Service) for an enhancement of survival permit
(TE75475A-0) pursuant to the Endangered Species Act (Act), as amended.
The requested permit, which is for a period of 50 years, would
authorize incidental take of Yuma clapper rail (Rallus longirostris
yumanensis) and southwestern willow flycatcher (Empidonax traillii
extimus) as a result of operation and maintenance activities associated
with the Tres Rios Project, and a potential return to baseline
conditions. We invite the public to review and comment on the permit
application and the associated draft Safe Harbor Agreement (SHA).
DATES: Comment Period: To ensure consideration of your written
comments, they must be received on or before close of business (4:30
p.m. CST) August 9, 2012.
ADDRESSES: You may submit comments or requests for copies or more
information by any of the following methods. You may request hard
copies or a CD-ROM of the documents.
Email: Mike_Martinez@fws.gov. Include ``Arizona
Ecological Services Field Office draft Tres Rios SHA'' in the subject
line of the message.
Fax: Attn: Field Supervisor, 602-242-2513.
[[Page 40629]]
U.S. Mail: 2321 West Royal Palm Road, Suite 103, Phoenix,
AZ 85021-4951.
In-Person Drop-off, Viewing, or Pickup: Call 602-242-0210
to make an appointment (necessary for view/pickup only) during regular
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mike Martinez, at the U.S. Fish and
Wildlife Service, by mail at the address under ADDRESSES, by phone at
602-242-0210 x224, or by email at Mike_Martinez@fws.gov.
SUPPLEMENTARY INFORMATION: Under a Safe Harbor Agreement, participating
property owners voluntarily undertake management activities to enhance,
restore, or maintain habitat benefiting species listed under the Act
(16 U.S.C. 1531 et seq.). Safe Harbor Agreements encourage private and
other non-Federal property owners to implement conservation efforts for
listed species by assuring property owners, through enhancement of
survival permits under section 10(a)(1)(A) of the Act, that they will
not be subjected to increased property use restrictions as a result of
increased target species abundance due to their efforts to improve
conditions for listed species on their property. Application
requirements and issuance criteria for enhancement of survival permits
through Safe Harbor Agreements are found in 50 CFR 17.22 and 17.32.
The Applicant plans to conduct operation and maintenance activities
associated with the Tres Rios Project, including, but not limited to,
management of vegetation, roads, trails, water delivery systems, flood
control capacity, and storm water facilities. The Tres Rios Project is
a cooperative project between the Applicant and the U.S. Army Corps of
Engineers to enhance and maintain 927 acres of Sonoran Desert and
riparian biotic communities within and adjacent to the Salt River
Channel from approximately 91st Avenue to the confluence with the Gila
River, and within the Gila River Channel, from approximately the
confluence with the Salt River to El Mirage Road, Phoenix, Arizona. The
project area also includes the Hayfield Wetlands to the east.
The draft SHA and permit application are eligible for categorical
exclusion under the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4371 et seq.; NEPA), based upon completion of a NEPA
screening form. Section 9 of the Act prohibits the ``taking'' of
threatened or endangered species. However, the Service, under limited
circumstances, may issue permits to take threatened and endangered
wildlife species when such taking is incidental to, and not the purpose
of, otherwise lawful activities. We provide this notice under section
10(c) of the Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.22), and NEPA and its implementing regulations
(40 CFR 1506.6).
Public Availability of Comments
Before including your address, phone number, email 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.
Authorities
We provide this notice pursuant to section 10(c) of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), its
implementing regulations (50 CFR 17.22), and the National Environmental
Policy Act (42 CFR 4371 et seq.).
Dated: June 4, 2012.
Benjamin N. Tuggle,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2012-16775 Filed 7-9-12; 8:45 am]
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