[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Notices]
[Pages 43609-43611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18137]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-ES-2012-N113; FF06E24000-123-FXES11130600000D2]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Draft Environmental Assessment and Draft San Luis
Valley Regional Habitat Conservation Plan, Colorado
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received
applications from the Rio Grande Water Conservation District; Alamosa,
Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties; the
municipalities of Alamosa, Monte Vista, Del Norte, and South Fork; and
the State of Colorado Department of Natural Resources (hereafter
collectively referred to as ``the applicants'') for incidental take
permits under the Endangered Species Act of 1973, as amended (ESA). We
are considering issuing the permits in association with implementation
of a regional habitat conservation plan (HCP) in the San Luis Valley,
Colorado. Pursuant to the ESA and the National Environmental Policy
Act, we announce the availability of the draft HCP and draft
environmental assessment for review and comment by the public and
Federal, Tribal, State, and local governments.
DATES: Written comments must be submitted by September 24, 2012.
ADDRESSES: Send written comments by mail to Patty Gelatt, Western
Colorado Supervisor, Ecological Services, U.S. Fish and Wildlife
Service, 764 Horizon Drive, Building B, Grand Junction, CO 81506, or
via email to sanluisvalleyhcp@fws.gov. You also may send comments by
facsimile to (970) 245-6933. The draft HCP and EA are available on our
Colorado Ecological Services Web site at http://www.fws.gov/coloradoES/SLV-HCP.html. You also may review copies of these documents during
regular business hours at the Western Colorado Ecological Services
Office (WCESO) (see ADDRESSES above). If you do not have access to the
Web site or cannot visit our office, you may request copies by
telephone at (970) 243-2778 or by letter to WCESO.
FOR FURTHER INFORMATION CONTACT: Mr. Terry Ireland, U.S. Fish and
Wildlife Service (see ADDRESSES above), (970) 243-2778 extension 16.
SUPPLEMENTARY INFORMATION: The applicants have submitted permit
applications to us for incidental take of the federally endangered
southwestern willow flycatcher (Empidonax traillii extimus)
(flycatcher) and western U.S. distinct population segment of the
yellow-billed cuckoo (Coccyzus americanus) (cuckoo), a candidate for
listing under the ESA (16 U.S.C. 1531 et al.). The permits would cover
routine activities concerning agriculture, small community
infrastructure, and riparian conservation and restoration in the San
Luis Valley. The HCP provides a regional conservation strategy to
minimize and mitigate the impacts of the potential incidental take.
This notice is provided pursuant to section 10(c) of the ESA and
National
[[Page 43610]]
Environmental Policy Act (NEPA) regulations (40 CFR 1506.6; 43 CFR part
46). We are requesting comments on the proposed HCP and our
consideration as to whether the draft HCP meets the permit issuance
criteria under section 10(a)(1)(B) of the ESA (16 U.S.C. 1531 et seq.).
We also have prepared a draft EA to comply with NEPA (42 U.S.C. 4321 et
seq.), and will evaluate whether the proposed action, issuance of
permits to the Applicants, and other alternatives in the draft EA will
cause significant impacts to the quality of the human environment and
whether the EA is adequate to support a Finding of No Significant
Impact (FONSI), or whether an Environmental Impact Statement (EIS) is
necessary.
Background
Section 9 of the ESA and its implementing Federal regulations
prohibit ``take'' of species listed as threatened and endangered. Take
is defined under the ESA to include actions that harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or attempt to
engage in any such conduct (16 U.S.C. 1538). Harm includes significant
habitat modifications or degradation where it actually kills or injures
wildlife by significantly impairing behavioral patterns, such as
breeding, feeding, or sheltering (50 CFR 17.3). Under specified
circumstances, the Service may issue permits to take listed species
incidental to, and not the purpose of, carrying out otherwise lawful
activities. Section 10(a)(1)(B) of the ESA and regulations at 50 CFR
17.22 and 17.32 contain provisions for issuing permits to non-Federal
entities for incidental take of listed species, provided that an HCP is
prepared and the Service determines the following criteria are met:
The taking will be incidental;
The applicant will, to the maximum extent practicable,
minimize and mitigate the impacts of such take;
The applicant will develop an HCP and ensure that adequate
funding for the HCP will be provided;
The take will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
The applicant will implement any other measures that the
Service may require as being necessary or appropriate for the purposes
of the HCP.
As part of the applications for permits to authorize incidental
take, the District has submitted a draft HCP on its own behalf and on
behalf of the other applicants. The proposed activities covered by the
draft HCP include operation, maintenance, and construction of
diversions, ditches, canals, roads, bridges, and utility lines;
livestock grazing and agricultural practices; tamarisk and noxious weed
control; and floodplain maintenance near towns and cities. Rather than
individual landowners seeking their own permits for these activities on
a case-by-case basis to avoid liability for take under the ESA, the
draft HCP is designed as a regional conservation plan that proposes to
cover landowners for the suite of activities throughout the San Luis
Valley for a 30-year permit term. The District proposes to coordinate
implementation of the HCP's comprehensive conservation strategy for the
plan area, and individual permits would be issued to each of the
applicants. Each of the counties would pass HCP-enabling land-use
ordinances that would address implementation of the HCP's conservation
measures and authorization of take for landowners. The counties would
ensure compliance with HCP covered activities through these ordinances.
The HCP includes measures to mitigate the habitat impacts of the
covered activities through riparian habitat conservation, enhancement,
and management measures. As the HCP administrator, the District would
be responsible for implementation of the mitigation measures. Habitat
monitoring is proposed to ensure that the habitat quality of mitigation
lands is sufficient to offset impacts and would track long-term trends.
This regional conservation approach is intended to provide increased
efficiency and effectiveness in the long-term protection and
conservation of the flycatcher and cuckoo and their habitat while
streamlining ESA compliance for the continuation of agricultural and
other economic activities in the San Luis Valley.
The draft HCP's area comprises the entire San Luis Valley within
Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties.
The plan area boundary follows the lower edge of U.S. Forest Service
lands in most places or county lines. The size of the plan area is
about 2.9 million acres and includes about 250 miles of streams in the
Rio Grande watershed.
National Environmental Policy Act
We published a notice of intent to prepare an EA or EIS for the
proposed San Luis Valley HCP in the Federal Register on January 7, 2005
(70 FR 1457), seeking comment on the scope of issues and alternatives
for an EA or EIS. We also conducted a public scoping meeting in
Alamosa, Colorado, on January 13, 2005. We considered public input from
this process during development of the draft HCP and draft EA. We
received four comment letters during the public scoping period: One
each from the Colorado Division of Water Resources, the Alamosa
Mosquito Control District, the San Luis Valley Water Conservancy
District, and the Alamosa River Restoration Project. Commenters
provided information on their activities for consideration to be
covered by the HCP. The letters were in support of developing the HCP
or were neutral. Comments made during the scoping meeting addressed the
HCP process and implications for property owners. We determined that
preparing a draft EA was appropriate because we do not anticipate
significant impacts to the human environment that would require an EIS.
In compliance with the NEPA, we analyzed the impacts of
implementing the HCP, issuance of the permits, and a reasonable range
of alternatives in the draft EA. Based on these analyses and any new
information resulting from public comment on the proposed action, we
will determine if issuance of the permits would cause any significant
impacts to the human environment. After reviewing public comments, we
will evaluate whether the proposed action and alternatives in the draft
EA are adequate to support a FONSI under the NEPA. We now make the
draft EA available for public inspection online or in person at the
Service's WCESO (see ADDRESSES).
The NEPA requires that a range of reasonable alternatives to the
proposed action be described. The draft EA analyzes three alternatives
that were derived from discussions with the District during the
development of the HCP. We analyzed the following three alternatives in
the draft EA:
No Action. In this alternative, we would not issue permits
to the applicants. Rather, the status quo for ESA compliance would
remain, whereby landowners would choose to apply for individual permits
for specific projects and ongoing activities in the San Luis Valley on
a case-by-case basis.
Public Land Mitigation HCP. This alternative is similar to
the proposed alternative in that it would provide a single regional HCP
covering the same activities and providing the same permitting
structure. However, this alternative shifts emphasis of habitat
restoration and enhancement to public lands, coupled with voluntary
measures to minimize impacts on private lands.
San Luis Valley Regional HCP. This is currently identified
as the proposed alternative and is described in Background.
[[Page 43611]]
Next Steps
We will evaluate the submitted comments and revise the HCP and EA,
as appropriate. In compliance with section 7(a)(2) of the ESA, we will
analyze whether issuance of the permits would jeopardize listed,
proposed, or candidate species or adversely modify any designated or
proposed critical habitat. We will then determine whether the permit
applications meet the requirements of section 10(a) of the ESA. We will
use the results of all these analyses in a final findings document to
determine whether to issue the permits. Pursuant to section 10(a)(1)(b)
of the ESA, we will issue the permits to the applicants if the
requirements are met.
Public Comments
We invite the public to comment on the proposed HCP and draft EA
during a 60-day public comment period ending on the date specified
above in DATES. Comments can be submitted to the WCESO (see ADDRESSES).
All comments received, including names and addresses, will become part
of the administrative record and may be made available to the public.
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 may
request at the top of your document that we withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Dated: July 3, 2012.
Bridget F. Fahey,
Acting Assistant Regional Director--Ecological Services, Mountain-
Prairie Region, Denver, Colorado.
[FR Doc. 2012-18137 Filed 7-24-12; 8:45 am]
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