[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59414-59415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23783]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2012-N177; FF08E00000-FXES11120800000F2-123-F2]
Application From Marys River Ranch, Elko County, NV, for an
Enhancement of Survival Permit; Safe Harbor Agreement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: In response to an application from Marys River Ranch
(applicant), the Fish and Wildlife Service (we, the Service) is
considering issuance of an enhancement of survival permit pursuant to
section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended
(ESA). The enhancement of survival permit application includes a
proposed safe harbor agreement (SHA) between the applicant and the
Service. The proposed SHA provides for voluntary habitat restoration,
maintenance, or enhancement activities to facilitate the repatriation
and recovery of Lahontan cutthroat within the enrolled property. The
proposed duration of both the SHA and permit is 50 years. The Service
has made a preliminary determination that the proposed SHA and permit
application are eligible for categorical exclusion under the National
Environmental Policy Act of 1969 (NEPA). The basis for this
determination is contained in an environmental action statement, which
also is available for public review.
DATES: Written comments must be received by 5 p.m. on October 29, 2012.
ADDRESSES: Written comments should be sent to Edward D. Koch, State
Supervisor, by U.S. mail; or hand delivered to the Nevada Fish and
Wildlife Office, U.S. Fish and Wildlife Service, 1340 Financial
Boulevard, Suite 234, Reno, NV 89502; or faxed to 775-861-6301 (for
further information and instructions on the reviewing and commenting
process, see Availability of Documents section below).
FOR FURTHER INFORMATION CONTACT: Chad Mellison, Fish and Wildlife
Biologist, at the address shown above or by telephone at 775-861-6300.
If you use a telecommunications device for the deaf, please call the
Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the permit application, the
environmental action statement, or the full text of the proposed SHA,
including a map of the proposed permit area, references, and
description of the proposed permit area, should contact the office and
personnel listed in the ADDRESSES section. Documents also will be
available for public inspection, by appointment, during normal business
hours at this office (see ADDRESSES).
Background Information
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 ESA (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 ESA, 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
[[Page 59415]]
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 the Code of Federal
Regulations (CFR) at 50 CFR 17.22(c) and 17.32(c). An enhancement of
survival permit allows any necessary future incidental take of species
above the mutually agreed upon baseline conditions for the species, as
long as the take is in accordance with the terms and conditions of the
permit and accompanying agreement.
Proposed Safe Harbor Agreement for Lahontan cutthroat trout
The primary objective of this proposed SHA is to encourage
voluntary habitat restoration, maintenance, or enhancement activities
to benefit Lahontan cutthroat trout (Oncorhynchus clarkii henshawi).
The SHA would cover conservation activities to create, maintain,
restore, or enhance habitat for Lahontan cutthroat trout and achieve
species' recovery goals. These actions, where appropriate, could
include (but are not limited to): (1) Restoration of riparian habitat
and stream form and function; (2) variation of stocking rates for
livestock (number/density of animals per unit area); (3) repair or
installation of fences to protect existing or created habitat from
livestock disturbance; (4) control of nonnative fish species; and (5)
installation of screens on irrigation diversions as well as
facilitation of the implementation of other objectives recommended by
the Lahontan Cutthroat Trout Recovery Plan (Service 1995). The overall
goal of the SHA is to produce conservation measures that are mutually
beneficial to the applicant and the long-term existence of Lahontan
cutthroat trout. Based upon the probable species' response time for
Lahontan cutthroat trout, the Service estimates it will take 5-10 years
of implementing the planned conservation measures to fully reach a net
conservation benefit; some level of benefit would likely occur within a
shorter time period. After maintenance of the restored/created/enhanced
Lahontan cutthroat trout habitat on the property for the agreed-upon
term, the applicant may then conduct otherwise lawful activities on the
property that result in the partial or total elimination of the habitat
improvements and the taking of Lahontan cutthroat trout. However, the
restrictions on returning a property to its original baseline condition
include: (1) The applicant must demonstrate that baseline conditions
were maintained during the term of the SHA and the conservation
measures necessary for achieving a net conservation benefit were
carried out; and (2) the Service will be notified a minimum of 60 days
prior to the activity and given the opportunity to capture, rescue,
and/or relocate any Lahontan cutthroat trout.
The Service has made a preliminary determination that approval of
the proposed SHA qualifies for a categorical exclusion under NEPA (23
CFR 771.117), as provided by the Department of Interior Manual (516 DM
2, Appendix 1 and 516 DM 6, Appendix 1). We explain the basis for this
determination in an environmental action statement that is available
for public review. Based upon this preliminary determination, we do not
intend to prepare further NEPA documentation. The Service will consider
public comments in making its final determination on whether to prepare
such additional documentation.
Public Review and Comments
We specifically request information, views, and opinions from the
public on the proposed Federal action of issuing a permit, including
the identification of any aspects of the human environment not already
analyzed in our environmental action statement. Further, we
specifically solicit information regarding the adequacy of the SHA as
measured against our permit issuance criteria found in 50 CFR 17.22(c).
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.
The Service provides this notice pursuant to section 10(c) of the
ESA and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
We will evaluate the permit application, the proposed SHA, and comments
submitted thereon to determine whether the application meets the
requirements of section 10(a) of the ESA and NEPA regulations. If the
requirements are met, the Service will sign the proposed SHA and issue
an enhancement of survival permit under section 10(a)(1)(A) of the ESA
to the applicant for take of the Lahontan cutthroat trout incidental to
otherwise lawful activities of the project. The Service will not make a
final decision until after the end of the 30-day comment period and
will fully consider all comments received during the comment period.
References Cited
A complete list of all references cited in this document is
available from the Nevada Fish and Wildlife Office (see ADDRESSES).
Dated: September 4, 2012,
Edward D. Koch,
State Supervisor, Nevada Fish and Wildlife Office, Reno, Nevada.
[FR Doc. 2012-23783 Filed 9-26-12; 8:45 am]
BILLING CODE 4310-55-P